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Apple, Google, Napster sued over patent

updated 09:15 am EST, Wed January 3, 2007

Digital patent lawsuit


Apple, Google, and Napster are being sued by online movie distributor Intertainer, according to Bloomberg News. Papers filed last Friday in a federal court in Texas indicate that the three companies are accused of infringing a patent on a way to distribute digital entertainment over the internet, which has caused "irreparable harm" to Intertainer; it has asked the court for cash compensation and an order to prevent the companies from using its technology, according to the report. Intertainer alleges that the companies' infringement was "willful and deliberate," which could allow the judge to triple any damages, if the claims can be proved. The patent in question, for a "digital entertainment service platform," was issued in August 2005. Both Microsoft and Intel are investors in Intertainer.


by MacNN Staff

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  1. l008com

    Addicted to MacNN

    Joined: Jan 2000

    0

    hmmm

    Intel you say, clearly MS wants to hurt its competitors in unethical ways, nothing new there. But intel and apple are supposed friends now.

  1. kerryb

    Fresh-Faced Recruit

    Joined: Aug 2001

    0

    Lawyers.......

    I wouldn't say some lawyers are leeches but they sure know how to find them.

  1. debohun

    Fresh-Faced Recruit

    Joined: Feb 1999

    0

    Be concerned...

    Apple should be concerned about this suit; it is the classic bundling argument. It makes the same case that was made against Microsoft, and which would have broken up that company except for the Bush administration's undermining of the order's enforcement once they took office.

    Now consider the likelihood that a Democratic administration will be in place by the time this case makes it to the bench, that that administration may have more respect for the law then the current one does, that the courts are now another decade more technically educated, and Apple's (or Microsoft's) bundling practices may no longer be secure. Apple should very carefully consider making a strategic move in opening Fairplay now, while they have the opportunity to do so on their own terms.

    Further, I suspect that keeping that system closed, just like with the Macintosh, has hurt the company, not helped it. One can't help but wonder how many more millions (billions?) of songs they might have sold off an open system.

  1. mmmdoughnuts

    Fresh-Faced Recruit

    Joined: Feb 2006

    0

    Concerned? Closed?

    Are you kidding? This is not the same bundling argument that was used against microsoft. Not even close! The suit is against the downloading system of distributing movies via iTunes. This has nothing to do with the iPod/iTS/iTunes being a 'closed' system either.

    Apple may not allow you to move your music/movies around to EVERY player in the world, but the eco system that is in place is far from closed. The ipod aftermarket huge. I've seen numbers saying that it is bigger than the iPod market that Apple has created. If you don't like the Apple system then don't buy in. If you don't like the universal/Zune/MS system, don't buy in. Everyone with an iPod knew what they were getting into. Everyone that downloaded from iTunes knew what they were getting into.

  1. dwoodruff

    Fresh-Faced Recruit

    Joined: Jul 2006

    0

    get Ready

    I'm going to file a lawsuit againt every company in america for using "human speech" as a form of communication. From all the research I've done, no company or person holds this patent... till now... beware

  1. palane

    Fresh-Faced Recruit

    Joined: Feb 2005

    0

    One major problem

    Technically, the Mac Mini has the same problem. I'd say the major problem is that it doesn't run OS X.

    BB

    horvatic wrote:

    "It only has one major problem. It runs Windows XP."

  1. rtbarry

    Fresh-Faced Recruit

    Joined: Aug 2001

    0

    dub!

    sup?

  1. slider

    Mac Elite

    Joined: Oct 1999

    0

    Can't keep track

    What about that other patent apple just purchased the rights to download media to portable devices or something. I thought I read that Apple's purchased patent covered not only music, but many types of digital media, and I believe it predates August 05.

  1. resuna

    Fresh-Faced Recruit

    Joined: Jan 2005

    0

    What's the pat.no.?

    That's the question, what obvious patent are Intertainer abusing?

  1. cebritt

    Fresh-Faced Recruit

    Joined: Mar 2000

    0

    They don't need the $$$

    Obviously this isn't about money if MS and Intel are investors.

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