Patent Suit Filed Against Apple Over iTunes Interface

Daveway · Jun 20, 2005, 05:48 PM

Clink

I think this suit screams extortion. There are some similarities, but there are only so many ways of displaying music info. Also the search method also in the suit is a standard view of a file system used on many systems.

This is garbage.

Mitthrawnuruodo · Jun 20, 2005, 06:18 PM

Another example that the US has too many lawyers and that software patenting is a really stupid idea...

andiwm2003 · Jun 20, 2005, 06:47 PM

my itunes looks quite different from their example. they seem to have dragged the menues and windows in a way that the look at least similar to their software. i doubt that such a broad patent is valid anyway. they just try to get some money out of apple.

well, if you can't earn or marry the money you have to sue for it.

mac-er · Jun 20, 2005, 06:53 PM

iTunes has been out for how long?
4 or 5 years?

Should've brought your lawsuit when it first came out if it infringed your patent.

Though it sound a lot like way back when when Apple sued MS for taking elements of the GUI....karma sucks, doesn't it Apple?

MisterMe · Jun 20, 2005, 07:02 PM

Quote:

Originally Posted by Daveway

Clink

I think this suit screams extortion. There are some similarities, but there are only so many ways of displaying music info. Also the search method also in the suit is a standard view of a file system used on many systems.

This is garbage.

Below are a side-by-side images of the two products posted on the AppleInsider.com website:

http://images.appleinsider.com/image...b-a-061305.jpg

For the life of me, I see many more similarities between the plaintiff's player and other Windows-based MP3 players than iTunes. This suit is going nowhere.

Daveway · Jun 20, 2005, 07:22 PM

How could the plaintiff be loosing lots of money if he doesn't even have a physical product?

patrick0brien · Jun 20, 2005, 08:01 PM

Quote:

Originally Posted by Daveway

How could the plaintiff be loosing lots of money if he doesn't even have a physical product?

-Daveway

Opportunity cost.

The plaintiff claims loss of income due to the fact that he feels he should be earning the money and not someone else

Let's put ourselves in the shoe of this guy for a sec, you build this idea - and actually displayed it in a few places, then some year later, an idea that is eerily similar to yours is released. Imagin how that would feel.

His mockup looks like a mirror image of iTunes - and he's been writing Apple on this for a few years now, so it's not like this what is known as "Ambush Litigation". It looks like it's just that now there is a suit - and the news yelled it all over the place.

there might actually be a case here.

MacRumors · Jun 20, 2005, 08:18 PM

http://www.macrumors.com/images/macrumorsthreadlogo.gif

AppleInsider reports that Contois Music Technology, run by David Contois, filed suit Monday against Apple for patent infringement based on the iTunes interface. David Contois and family run eMusicGear.

According to the suit, persons who were at the time employed by, or later became employed by, Apple were present at both trade shows and viewed Contois' software. The suit charges Apple later "copied" the invention and used the design ideas in the interface for its iTunes software.

Specifically, Contois documented 19 interface aspects of the iTunes software which it claims are in direct violation of its patent. These areas include iTunes' menu selection process for allowing the user to select music to be played, the ability of the software to transfer music tracks to a portable music player, and search capabilities such as sorting music tracks by their genre, artist and album attributes.

From Patent #5,864,868:

January 26, 1999 (filed February 13, 1996)
David C. Contois

Computer control system and user interface for media playing devices

A computer system and method for controlling a media playing device. The system provides a user interface for allowing a user access to media pieces stored in a media database. The interface is also for controlling a media playing device, like a player piano or movie playing video device, that is coupled to the computer to play the accessed or selected piece of media. In one embodiment there is a computer interface that allows a user to display only music that relates to a selected category, like jazz or classical music. Another embodiment allows the user to direct the media playing device to automatically play selected music pieces that are related to a selected music category. Another embodiment allows a user to direct the media playing device to automatically play selected music pieces that are related to the selected music composer or artist.

According to this blog, the suit was filed Monday June 13.

csubear · Jun 20, 2005, 08:22 PM

I hope apple fight this, it sounds like a very vague patent. Any why sue now? ITunes has been out since 99 or so right? Sounds like a submarine patent.

Step 1: Patent some thing vague
Step 2: Wait until someone make something even remotely close
Step 3: Wait until they made alot of money
Step 4: SUE

Doctor Q · Jun 20, 2005, 08:22 PM

Contois has asked the court to issue an injunction to prevent further distribution of iTunes.

polyesterlester · Jun 20, 2005, 08:25 PM

It's hilarious that the album art used in the examples are Frank Mills and Liberace.

MoparShaha · Jun 20, 2005, 08:28 PM

This is why I hate software patents. Truly rediculous.

Orlando Furioso · Jun 20, 2005, 08:29 PM

maybe apple should sue them for "infringing" on the idea of having a GUI in the first place.

RichP · Jun 20, 2005, 08:29 PM

Ill jump on this bandwagon too..where was this lawsuit 5 years ago?

maybe apple should start sueing grocery stores for unauthorized distribution...

flipping IDIOTS!

MacFan26 · Jun 20, 2005, 08:30 PM

Seems like a little late for them to be suing Apple. Is there really a benefit for them to sue besides publicity? I mean come on, iTunes has been out for a long time, it can't be like they just noticed this.

zv470 · Jun 20, 2005, 08:32 PM

How can vague patents like this ever be granted? How stupid

Also...

Don't other media players infringe this patent?

grrr.

And now Apple has to waste money on lawyers to defend themselves.

mvc · Jun 20, 2005, 08:32 PM

Sigh, yet another example of why patent & copyright laws need updating for software

paulypants · Jun 20, 2005, 08:33 PM

I'm going to patent this:

A software program that organizes and distributes content on or to an electonic device, with controls and functionality built into an interface that allows a user to navigate the program.

Brilliant! Now everyone can pay me too!!

nsjoker · Jun 20, 2005, 08:34 PM

roflmfao. no way this guy will win. this is bogus

JDOG_ · Jun 20, 2005, 08:36 PM

Yeah that really is the vaguest patent I've read in a long time, and that side-by-side matchup is nowhere close. Even though I like Apple, I think it's fair to say this just seems unfounded (beyond $$$ of course).

Thank god iTunes doesn't look like the one on the left...ick.

eva01 · Jun 20, 2005, 08:36 PM

utterly ridiculous what greedy people who have nothing better to do, actually succumb to, humanity really is shiting itself more and more each day.

at least there are some of us that actually care about others instead of just money like this person, truly shameful.

why don't we just email him asking him why he is a gold-digger?

Doctor Q · Jun 20, 2005, 08:37 PM

Apparently you can patent the idea of sorting a displayed list by its various columns. Is it too late for me to get a piece of the action by patenting, say, sorting in reverse order?

DeadEye686 · Jun 20, 2005, 08:43 PM

This patent won't hold up due to prior art. There were similar players with the same functionality this patent describes years before he filed it.

darwen · Jun 20, 2005, 08:44 PM

It does sound vauge but I went through the patent and saw the picure (also posted by Appleinsider I later found out) and it is very much the same picture!

I think apple will loose.

AoWolf · Jun 20, 2005, 08:44 PM

Why did this guy wait so long?

Jun 20, 2005, 05:48 PM	#1
Daveway macrumors 68040 Join Date: Jul 2004 Location: New Orleans / Lafayette, La	Apple Sued over iTunes UI Clink I think this suit screams extortion. There are some similarities, but there are only so many ways of displaying music info. Also the search method also in the suit is a standard view of a file system used on many systems. This is garbage. __________________ Spare me my life. MBP 2.2 glossy, Alu Macbook 2.4, iMac G5, iPhone3GS 32gb white, iPodz

Jun 20, 2005, 06:18 PM	#2
Mitthrawnuruodo Demi-God (Moderator) Join Date: Mar 2004 Location: Bergen, Norway	Another example that the US has too many lawyers and that software patenting is a really stupid idea... __________________ Those who fail to learn history are doomed to repeat it; those who fail to learn history correctly... why, they are simply doomed.

Jun 20, 2005, 07:22 PM	#6
Daveway Thread Starter macrumors 68040 Join Date: Jul 2004 Location: New Orleans / Lafayette, La	How could the plaintiff be loosing lots of money if he doesn't even have a physical product? __________________ Spare me my life. MBP 2.2 glossy, Alu Macbook 2.4, iMac G5, iPhone3GS 32gb white, iPodz

Jun 20, 2005, 08:18 PM	#8
MacRumors macrumors bot Join Date: Apr 2001	Patent Suit Filed Against Apple Over iTunes Interface http://www.macrumors.com/images/macrumorsthreadlogo.gif AppleInsider reports that Contois Music Technology, run by David Contois, filed suit Monday against Apple for patent infringement based on the iTunes interface. David Contois and family run eMusicGear. According to the suit, persons who were at the time employed by, or later became employed by, Apple were present at both trade shows and viewed Contois' software. The suit charges Apple later "copied" the invention and used the design ideas in the interface for its iTunes software. Specifically, Contois documented 19 interface aspects of the iTunes software which it claims are in direct violation of its patent. These areas include iTunes' menu selection process for allowing the user to select music to be played, the ability of the software to transfer music tracks to a portable music player, and search capabilities such as sorting music tracks by their genre, artist and album attributes. From Patent #5,864,868: January 26, 1999 (filed February 13, 1996) David C. Contois Computer control system and user interface for media playing devices A computer system and method for controlling a media playing device. The system provides a user interface for allowing a user access to media pieces stored in a media database. The interface is also for controlling a media playing device, like a player piano or movie playing video device, that is coupled to the computer to play the accessed or selected piece of media. In one embodiment there is a computer interface that allows a user to display only music that relates to a selected category, like jazz or classical music. Another embodiment allows the user to direct the media playing device to automatically play selected music pieces that are related to a selected music category. Another embodiment allows a user to direct the media playing device to automatically play selected music pieces that are related to the selected music composer or artist. According to this blog, the suit was filed Monday June 13.

Jun 20, 2005, 08:22 PM	#9
csubear macrumors 6502a Join Date: Aug 2003	I hope apple fight this, it sounds like a very vague patent. Any why sue now? ITunes has been out since 99 or so right? Sounds like a submarine patent. Step 1: Patent some thing vague Step 2: Wait until someone make something even remotely close Step 3: Wait until they made alot of money Step 4: SUE __________________ (\_/) (-.-) (><)o

Jun 20, 2005, 06:47 PM	#3
andiwm2003 macrumors Demi-God Join Date: Mar 2004 Location: Boston, MA	my itunes looks quite different from their example. they seem to have dragged the menues and windows in a way that the look at least similar to their software. i doubt that such a broad patent is valid anyway. they just try to get some money out of apple. well, if you can't earn or marry the money you have to sue for it.

Jun 20, 2005, 06:53 PM	#4
mac-er macrumors 65816 Join Date: Apr 2003	iTunes has been out for how long? 4 or 5 years? Should've brought your lawsuit when it first came out if it infringed your patent. Though it sound a lot like way back when when Apple sued MS for taking elements of the GUI....karma sucks, doesn't it Apple?

Jun 20, 2005, 08:22 PM	#10
Doctor Q macrumors god Join Date: Sep 2002 Location: at the table with countless relatives	Contois has asked the court to issue an injunction to prevent further distribution of iTunes. __________________ "You've just been abducted, of course you need crepes!" -- Walter Bishop

Jun 20, 2005, 08:25 PM	#11
polyesterlester macrumors 6502 Join Date: Dec 2002 Location: Soldotna, Alaska	It's hilarious that the album art used in the examples are Frank Mills and Liberace. __________________ A Spoonful of Lester The sad, ongoing memoir of a young man learning to laugh at the fact that he's slowly dying. A blog.

Jun 20, 2005, 08:28 PM	#12
MoparShaha macrumors 68000 Join Date: May 2003 Location: San Francisco	This is why I hate software patents. Truly rediculous. __________________ MacBook Pro C2D 2.16 GHz, 2 GB RAM, 200 GB HD 5G iPod 30GB White BenQ 24" LCD

Jun 20, 2005, 08:29 PM	#13
Orlando Furioso macrumors 6502 Join Date: Apr 2005 Location: Bezerkeley	maybe apple should sue them for "infringing" on the idea of having a GUI in the first place.

Jun 20, 2005, 08:29 PM	#14
RichP macrumors 68000 Join Date: Jun 2003 Location: Motor City	Ill jump on this bandwagon too..where was this lawsuit 5 years ago? maybe apple should start sueing grocery stores for unauthorized distribution... flipping IDIOTS!

Jun 20, 2005, 08:30 PM	#15
MacFan26 macrumors 65816 Join Date: Jan 2003 Location: San Jose, California	Seems like a little late for them to be suing Apple. Is there really a benefit for them to sue besides publicity? I mean come on, iTunes has been out for a long time, it can't be like they just noticed this. __________________ 15" 1.67GHz PowerBook, 5G black iPod 60GB, 22" Viewsonic display, bt apple keyboard, Logitech MX1000 mouse, Lacie 250 GB external drive

Jun 20, 2005, 08:32 PM	#16
zv470 macrumors 6502 Join Date: Jul 2004 Location: New Zealand	after this gets thrown out, i hope Apple can counter sue How can vague patents like this ever be granted? How stupid Also... Don't other media players infringe this patent? grrr. And now Apple has to waste money on lawyers to defend themselves.

Jun 20, 2005, 08:32 PM	#17
mvc macrumors 6502a Join Date: Jul 2003 Location: Outer-Roa	Yet another over-generalised patent Sigh, yet another example of why patent & copyright laws need updating for software __________________ If Apple really wanted to secure their OS to their own hardware, they might have tried something stronger than limmericks

Jun 20, 2005, 08:33 PM	#18
paulypants macrumors 6502 Join Date: Jun 2003	I'm going to patent this: A software program that organizes and distributes content on or to an electonic device, with controls and functionality built into an interface that allows a user to navigate the program. Brilliant! Now everyone can pay me too!! __________________ Mac Pro 2 x 2.8 Quad-Core Xeon 6GB RAM PowerMac G3 B&W 300Mhz 256RAM 6GB Macintosh SE 8Mhz 20MB

Jun 20, 2005, 08:34 PM	#19
nsjoker macrumors regular Join Date: Apr 2005 Location: Miami, Fl	roflmfao. no way this guy will win. this is bogus

Jun 20, 2005, 08:36 PM	#20
JDOG_ macrumors 6502a Join Date: Nov 2003 Location: Oakland	Yeah that really is the vaguest patent I've read in a long time, and that side-by-side matchup is nowhere close. Even though I like Apple, I think it's fair to say this just seems unfounded (beyond $$$ of course). Thank god iTunes doesn't look like the one on the left...ick. __________________ XBOX Live Gamertag: Tarengo Machine: 2.4GHZ Aluminum Macbook

Jun 20, 2005, 08:36 PM	#21
eva01 macrumors 68040 Join Date: Feb 2005 Location: Gah! Plymouth	utterly ridiculous what greedy people who have nothing better to do, actually succumb to, humanity really is shiting itself more and more each day. at least there are some of us that actually care about others instead of just money like this person, truly shameful. why don't we just email him asking him why he is a gold-digger? __________________ If I go on a crazy non-sensical rant, it's the painkillers talking. If however I make perfect sense I take full credit.

Jun 20, 2005, 08:37 PM	#22
Doctor Q macrumors god Join Date: Sep 2002 Location: at the table with countless relatives	Apparently you can patent the idea of sorting a displayed list by its various columns. Is it too late for me to get a piece of the action by patenting, say, sorting in reverse order? __________________ "You've just been abducted, of course you need crepes!" -- Walter Bishop

Jun 20, 2005, 08:43 PM	#23
DeadEye686 macrumors member Join Date: Dec 2003 Location: Austin	This patent won't hold up due to prior art. There were similar players with the same functionality this patent describes years before he filed it.

Jun 20, 2005, 08:44 PM	#24
darwen macrumors 6502a Join Date: Apr 2005 Location: California, US	It does sound vauge but I went through the patent and saw the picure (also posted by Appleinsider I later found out) and it is very much the same picture! I think apple will loose. __________________ Darwen

Jun 20, 2005, 08:44 PM	#25
AoWolf macrumors 6502a Join Date: Nov 2003 Location: Daytona Beach	Why did this guy wait so long? __________________ I do not exist 1.6 Ghz. MacBook Air

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