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Apple Controls Essential iTunes Patent?

In September, reports emerged that Apple and Contois Music Technology reached a settlement over an iTunes interface lawsuit based on this patent filed in 1996.

Contois sought damages and an injunction against Apple for the infringement of the existing patent. The last word of the suit came in September, when after a 15-hour negotiating session, a settlement was reached but remained confidential:

"We're glad to get back to teaching music and selling musical instruments," said Dan Contois, a brother of David Contois, who works in the 35-year-old family-owned business. "The terms are confidential. We can't discuss them."


Interestingly, the patent lawyer involved in the case issued a press release today commenting about the implications of this patent and suggests that Apple has control of it.

The patent covers the system and methods for allowing users download media from a remote database and playing on a a local device -- essentially the methods for purchasing songs online. According to Starkweather:

"I believe that, with this patent in hand, Apple will eventually be after every phone company, film maker, computer maker and video producer to pay royalties on every download of not just music but also movies and videos.

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68 months ago
Wow! :eek:

I bet the brothers are quite large AAPL stock holders now.
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68 months ago
This is HUGE news. Wow. Apple is in what they call, "The Catbird Seat".
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68 months ago
I find the press release a bit odd...

details still arn't clear. I would assume based on the settlement, Apple would have full rights to use it... but I'd be surprised if they signed over the patent to Apple which is what this quote essentially suggests.

What's the incentive for that?

arn
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68 months ago
I don't like this one little bit, even if it ends up being good for Apple.
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68 months ago

I find the press release a bit odd...

details still arn't clear. I would assume based on the settlement, Apple would have full rights to use it... but I'd be surprised if they signed over the patent to Apple which is what this quote essentially suggests.

What's the incentive for that?

arn


Maybe a lot of $ and I wonder if the patent lawyer got some of the $ too since it seems it was his brains that put this all together in the first place rather than the actual invention.
http://biz.yahoo.com/prnews/061130/lath054.html?.v=80
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68 months ago
Just came across bloomberg that apple applies for patent on a cellphone ipod combination...it was just made public today
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68 months ago

I don't like this one little bit, even if it ends up being good for Apple.


Better Apple has this in hand than MS! Can you imagine?:eek:
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68 months ago
No one should have control of a patent like this. Generic, unused software patents like this should be destroyed. If someone else like Creative or Microsoft had gotten this patent all of you would be crying foul. :mad:
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68 months ago
Patents like this tend to be fuzzy territory. If Apple did decide to go after other folks in this case, they could very well get ruled against and get the patent struck down as being "too broad".

Either way, I'd like to see Apple stay away from using its lawyers for once. However, maybe they can use the threat of a lawsuit as leverage to get the cell carriers to play along with the iPhone...
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68 months ago

I find the press release a bit odd...

details still arn't clear. I would assume based on the settlement, Apple would have full rights to use it... but I'd be surprised if they signed over the patent to Apple which is what this quote essentially suggests.

What's the incentive for that?

arn


I think the incentive is that the Brothers got huge bucks easily without huge lawyer expenses and in return Apple who we know already knows how to sue can use their clout to get financial returns based on the patent. No small music store is going to have the resources to get the financial potential out of a patent such as this.

I think this is great news- (mostly cause we ALL KNOW what MS would have done had they received this patent!) now whether apple decides to do major things with it or just keep it to themselves has yet to be seen. I wonder if they will just hold onto it and if they start losing ground might then decide to do something about it. time will tell.
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