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Old Apr 17, 2006, 10:05 PM   #1
Bern
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Burst.com files counterclaim against Apple

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Burst.com filed a patent counterclaims lawsuit in the Federal District Court in San Francisco on Monday accusing Apple of infringing on four of its patents. Burst claims that Apple’s iTunes Music Store, iTunes software, the iPod devices and Apple’s QuickTime Streaming products are all affected by the patents.
Read the full article at MacWorld

Yet another company who is trying to prosper from Apple's ingenuity
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Old Apr 18, 2006, 02:23 AM   #2
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The patents Apple is supposedly infringing on:
4,963,995
5,995,705
5,057,932
5,164,839

They all seem to be the same thing, and from what I've been able to tell (which isn't much. I'm tired, and patent applications aren't written with normal people in mind, it's written for lawyers), it's fairly generic, but doesn't quite apply to the iPod, never mind the iTMS.
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Old Apr 18, 2006, 02:32 AM   #3
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I was just going to submit this.

Anyway, here's the part that looks most like iTMS to me:

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The recorder/transmitter has capabilities to transmit and receive program information in either a compressed or decompressed format over fiber optic lines, conventional phone lines or microwaves.
But still, these patents look like they are for streaming technology, not for transferring what could be considered purchased "media files". These patents could basically be applied to any media distribution system, consumer-oriented or professional.

Why not go after Windows Media streaming technology? There's much deeper pockets over there.

edit- nevermind, apparently MS settled for $60M.

Last edited by Oryan : Apr 18, 2006 at 02:37 AM.
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Old Apr 18, 2006, 07:22 AM   #4
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Quote:
Originally Posted by Bern
Read the full article at MacWorld

Yet another company who is trying to prosper from Apple's ingenuity

Thats nothing... Im taking Apple to court over them naming the company after my favourite fruit!
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Old Apr 18, 2006, 07:47 AM   #5
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Uh oh, streaming media over the internet. Did they come up with this "technology", or did they just point out the obvious next step in internet technology, and then put it on paper? Seriously, throw this one out. I can't believe MS just paid them so easily.
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Old Apr 18, 2006, 08:33 AM   #6
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Burst Sues Apple for iTunes, iPod, Quicktime Patents

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

News.com reports on a lawsuit by Burst.com claiming that Apple is infringing on patents held by Burst.com. The claims cover patents involving "the delivery of music or video over the Internet 'faster than real-time.'" This involves the technology involved in streaming and delivering video and audio content on the internet as Apple does with iTunes and Quicktime streaming software. Burst is demanding royalties as well as an injunction.

In January, Apple filed for a declaratory judgment in January that it is not infringing on Burst's patents after discussions with Burst "broke down".

Burst made similar claims against Microsoft and received a $60 million settlement as well as an ongoing technology license to Microsoft.
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Old Apr 18, 2006, 08:40 AM   #7
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WTF?

Another reason this software patent ******** is ******** and needs to be put out of our misery.

I'm not just saying that because Apple's getting attacked here, I'm saying it because I hate it almost no matter who the victim is. It's crap.
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Old Apr 18, 2006, 08:40 AM   #8
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This is silly. And MS probably paid them because they didn't want to fight another battle. It's probably easier for them to just pay people off.
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Old Apr 18, 2006, 08:40 AM   #9
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I can't believe people can be so stupid. The next idiot in the patent office probably grants patent on "breathing" and then some lucky bastard sues the whole world.

There should be a law against such morons.
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Old Apr 18, 2006, 08:41 AM   #10
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what the . . .. .

this "faster than realtime" is also called "downloading"
they have to sue the whole internet for that

but suing apple may be a lot more promising
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Old Apr 18, 2006, 08:42 AM   #11
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MEAL TICKET

LEGAL WORK FOR APPLE

Always on either end of some sort of legal endevour!

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Old Apr 18, 2006, 09:05 AM   #12
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Quote:
Originally Posted by JFreak
I can't believe people can be so stupid. The next idiot in the patent office probably grants patent on "breathing" and then some lucky bastard sues the whole world.

There should be a law against such morons.
I agree, this is what the world is coming to with lawsuits and suing everyone for nothing...
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Old Apr 18, 2006, 09:11 AM   #13
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Only in America

Is this possible.

Unbelievable
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Old Apr 18, 2006, 09:12 AM   #14
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Burst.com out laughing...
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Old Apr 18, 2006, 09:14 AM   #15
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Hmm... i think i may sense Burst is doing this cuz they need the cash. Maybe company problems?? This was a quote of what some of the $60 Million from MS went to...

"Richard Lang, Burst CEO, said that Burst intends to use the net proceeds from the license to Microsoft, after attorneys fees, in primarily 3 areas:
To payoff, or reserve for, its current and long term liabilities (approximately $2.8 million), which includes promissory notes (secured and unsecured), outstanding payables, debts to former employees of the company and all accrued salaries and bonuses."

I dono... this is a another dumb lawsuit. Bursts lawyers & exec. team should be dragged out in the street & shot. It would make the world just a little better place.

Edit: Maybe they are gettting suid themselves...
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Old Apr 18, 2006, 09:15 AM   #16
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seems like everyone is healous of apple...
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Old Apr 18, 2006, 09:15 AM   #17
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Quote:
Originally Posted by ipacmm
I agree, this is what the world is coming to with lawsuits and suing everyone for nothing...
It is not yet this bad in Europe. At least a patent over here still has some merit since it's very difficult to obtain.
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Old Apr 18, 2006, 09:17 AM   #18
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Apple has been streaming media through QT for nearly a decade, and "faster than real-time" media downloads have existed for about 2 decades... wtf is Burst patenting, anyway?

Ridiculous
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Old Apr 18, 2006, 09:26 AM   #19
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Who cares? This is a joke. This is like my patent, a system for breathing air in order to sustain life. You all are infringing. If Apple stole the hardware design used to transmit the data, if they stole the software design -- the code itself -- used to expeditiously transmit their media files, sure, but if they're just sending media data across a network, faster than it would take to play it, without using any technology developed by Burst, if they're just doing the same thing another way, this is absolutely ridiculous. I am embarrassed to be a capitalist.
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Old Apr 18, 2006, 09:32 AM   #20
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Crock

What a crock of s***. I hope apple hands them their asses. This kind of nonsense is stifling the industry.
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Old Apr 18, 2006, 09:34 AM   #21
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"I am embarrassed to be a capitalist."

You don't have to be. Software patents are a government-granted monopoly designed to prevent competition and restrict the free market. That's fascism (national socialism), not capitalism.
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Old Apr 18, 2006, 09:38 AM   #22
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I don't know the ins and outs but if they can get MS to grab their ankles it would seem as though Apple might be fighting a losing battle.

Tons of information.
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Old Apr 18, 2006, 09:46 AM   #23
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How annoying.
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Old Apr 18, 2006, 09:47 AM   #24
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That's it. I'm patenting thinking!

Nevermind. That wouldn't make me a dime...
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Old Apr 18, 2006, 09:52 AM   #25
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Quote:
Originally Posted by stuartluff
Thats nothing... Im taking Apple to court over them naming the company after my favourite fruit!
Hey, sign me up on that! lets try to get a bunch of us together for a class action. Hell, throw in Ringo and Paul's company too.
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