Apple has been accused of infringing a patent that is claimed to
cover the design of its popular iTunes music jukebox software.
By Tony Smith for The Register
This article has been reproduced from The Register, with
permission.
Apple has been accused of infringing a patent that is claimed to
cover the design of its popular iTunes music jukebox software.
Earlier this month, US-based Contois Music and Technology filed
a lawsuit with the Vermont District Court alleging that iTunes
infringes US patent number
5,864,868 filed by Contois co-founder Dave Contois in February
1996 and granted in January 1999.
The company claims it informed Apple about the alleged
infringement in September 2004, though it maintains the Mac maker
knew about its patent back in January 2003. On that basis, it says
Apple's infringement is wilful, and has asked the Court to ban
iTunes' distribution and for a jury to grant it unspecified damages
for the trouble it maintains Apple has caused it.
Contois' patent describes a "computer control system and user
interface for media playing devices" in which "the system provides
a user interface for allowing a user access to media pieces stored
in a media database".
The patent is clearly intended to cover the use of a computer to
control an external music instrument, providing it with data to
play back the tune selected. The patent describes a user interface
that allows someone to choose the tune from a variety of
categories, such as artist, genre, title and so on.
It's the latter aspect, Contois claims, that iTunes has aped.
The family owned company maintains it demonstrated such a system in
1995 and 1996, where it was seen by people who were either
contemporary employees of Apple or would go on to join the Mac
maker. Either way, they took inspiration from Contois' demo, the
plaintiff claims.
iTunes started life as SoundJam, a music playback application
published in 1999 by Casady & Greene. Apple acquired the
program and hired its developer in 2000, and relaunched it as
iTunes in 2001.
Contois is focusing on that launch. According to an AppleInsider
report, the plaintiff cites 19 instances where iTunes' UI
matches elements described in its patent, including its track
search and selection system, and the ability to transfer songs to a
portable device.
Apple has already found itself in hot water over iTunes. It is
currently engaged in a
legal spat with Apple Corporation, the Beatles' recording
company, over the alleged transgression of an agreement the two
firms signed in the 1990s detailing the markets the Mac maker was
allowed to take its brand into. Music, Apple Corp. claims, was not
one of them, though that's just where iTunes has taken Apple
Computer.
Separately, it's being
sued by Hong Kong-based Pat-rights which claims ownership of
key elements of Apple's FairPlay DRM system. The iPod is claimed to
infringe Chicago-based Advanced Audio Devices' patent for a "a
music jukebox which is configured for storing a music library
therein"
And a French consumer group is suing
Apple on the grounds that it believes the limitation on tracks
downloaded from the iTunes Music Store that they may only be played
with the iTunes application or an iPod but not any other MP3 player
is a violation of European Union competition law. A similar
complaint has been
laid before the California District Court.
© The Register
2005
