Apple Faces Patent Case Regarding iTunes Store
Apple Computer, and it’s co-defendants Microsoft, Napster and Rhapsody are being sued by Sharing Sound LLC, who holds the rights to a patent for web based music stores. A similar suit has been filed against Amazon, Netflix, Wal-Mart, GameStop and Barnes & Noble.
Abstract from Patent 6,233,682:
The system and method permit the purchase of audio music files over the Internet. The PC user logs onto the vendor’s web site and browses the songs available for purchase. The songs can be arranged by artist, music style, etc., as mentioned above. Further, the vendor can provide suggestions on the web site, directing the PC user to songs that might be desirable, based on that PC user’s previous purchases, her indicated preferences, popularity of the songs, paid advertising and the like. If interested in a song, the PC user has the option of clicking on a song to “pre-listen” to it–hearing a 20-second clip, for example. [...]
As is true of many software patents, this is just bogus. They’ve patented the traditional ecommerce workflow, specifically targeting the music industry. The patent was filed in 2000, one year prior to iTunes premier.
If I had the rights to a similar patent in the t-shirt niche, you couldn’t open a t-shirt website without infringement. You couldn’t organize by brand or designer. You couldn’t recommend other products to upsell based on shopping habits. Heck, you couldn’t even show a preview image of the design on the front.
After a little research, I couldn’t determine exactly what business Sharing Sound, LLC is in. I’m assuming they are in the business of litigation.
About Josh Walsh
Josh Walsh is a Managing Partner at Designing Interactive. He's also an award winning designer, author and speaker on the topics of User Experience Design, User Interface Design and Usability Research. You can follow him on twitter at: @joshwalsh
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Brody
Hey Josh – its typical for independent inventors or patent holding companies to form separate legal entities, and assign specific patents to that entity for a specific litigation. I would bet that is what Sharing Sound LLC is.
June 24, 2010
Josh Walsh
That’s interesting. What do these companies have to benefit from isolating the patents in individual corporations?
Thanks for sharing.
June 24, 2010
Chris
This is the most frustrating thing about patent law. It is in need of a MAJOR overhaul. What’s worse is that if you are a small company trying to get your start and one of the “big guys” feel threatened they can simply squash you in litigation and legal expenses based on some bogus patent the had no business being issued in the first place (it’s a racket I tell you). It’s not good for consumers, not good for completion, not good for humanity’s innovation and It’s terrible for the “idea” of capitalism. It’s infuriating to me and is the ultimate example of the evil of the “win by any means necessary” attitude our society has established as the status quo. No wonder the Chinese simply ignore copyrights and patents.
September 21, 2010