Apple sued over iTunes music distribution practices

By Ed Oswald | Published March 13, 2008, 3:04 PM

Atlanta-based ZapMedia says Apple is infringing on technology to distribute music over the Internet covered in two of its patents.

Specifically, ZapMedia holds patents on sending music from a server to multiple players. The company applied for the patents in 2000, however the first one wasn't granted until March 2006, and the other on Tuesday.

The first patent (7,020,704) involves "a system and method for distributing digital media assets to a plurality of users." The second (7,343,414) also deals with the same method, and seems to expand upon the previous patent.

The company had attempted to strike an agreement with Apple, but talks apparently broke down after several attempts to come to an agreement between June 2006 and last fall, triggering the suit.

ZapMedia is asking for a royalty cut on both sales of iPods as well as iTunes music sales. Apple does not comment on pending litigation. ZapMedia's Robert Frohwein, however, said the move was necessary.

"We have no option but to protect [our technology] through every means available to us," Frohwein remarked.

While Apple is the target of this particular lawsuit, from a read of the patent it appears any music service currently available could be at risk from a lawsuit with ZapMedia. It was not immediately clear if the company planned to press litigation against other providers.

Comments

View comments by with a score of at least

Lawsuit for geeks? or dorks?

Score: 0

|

Interesting coincidence that this happens just after iTunes was reported #2 music retailer in the US. Money, money, money...

Score: 0

|

Wow, im sure apple is shaking their head right now and this company danced around like 3 year olds when this patent was granted to them.

I am sure the guy "who's technology" invented breathing and flowing of blood through our veins and how to digest food are extremely wealthy, considering every being on the planet should be licensing it.

Who grants these patents? I wonder if, using an input device to access an electrical gadget is available, I could sell I mean file a lawsuit towards every company and device maker in the industry. Oh wait, im not that selfish, sneaky or ridiculously pathetic. And haven't they been doing that long before I even existed?

Proprietary technology, not a concept should be patentable, the code apple uses, the layout and naming of the product, how it looks and feels. Instead its "sending music from a server to multiple players", wonderful.

Score: 0

|

ZapMedia, go have a cry ok?

Patent reform please. This kind of stuff is just ridiculous now...

Score: 0

|

Anyone else for patent reform? :P

Score: 0

|

however the first one wasn't granted until March 2006, and the other on Tuesday.

On Tuesday??? Why so long, and how could Apple have known (din't the iPod come out prior to March 2006 or am I mistaken?)

Score: 0

|

has apple invented anything but marketing?

Score: 0

|

They certainly didn't even invent marketing, perhaps just improved it.

Score: 0

|

Microsoft's marketing is clearly a lot better than Apple's.

Score: 0

|

You have no clue. Apple's marketing is the best out there. How else you able to add 1 minor feature every few months and able to repackage as a brand new product? Or how else you prevent any upgrade in hardware able to sell this good?

Score: 0

|

PDC 2009: What have we learned this week?

There was the freebie that no one will forget, the heebie-jeebies courtesy of Scott Guthrie, and a teensy bit clearer picture of how this cloud thingie should work.

Live report: Will Google Chrome OS change Linux?

The mysteries of just what Chrome OS is, and how much of an operating system it truly is, may be resolved today.

PDC 2009: Microsoft cares about Web browser performance

The effort to give users of the world's dominant Web browser the impression of quality, is a personal one for the man who leads that battle.

Nokia re-affirms its commitment to Symbian, sort of

Maemo won't necessarily be replacing Symbian in the Nokia N-Series, but that's definitely a place where it will be found.

E-book readers will be in short supply this holiday season

E-readers are hot this year, and a lot of compelling new products have been released, but are there enough electrophoretic displays to go around?

Sony looks to finally open a single storefront for downloads

Sony has had many different download portals for movies, music, e-books, and games, and now it's looking to make a single shop for all of it.

Tuning out the tablet: Time to give the endless speculation a rest

Wide Angle Zoom: Wishing and hoping and thinking and praying....won't put an iTablet on the market.

Five improvements for IT managers in 2010

If businesses are to improve their efficiency for next year, they need to stop and reassess the basic tenets of their job.

AOL's spinoff from Time Warner to shed 2,500 jobs

As AOL moves toward become an independent company again, it will cut nearly a third of its workforce.

Gartner: SMS-based money transfer will be bigger than mobile browsing, search

Gartner issues its predictions for the 10 things our phones will be doing in 2012.

Don't forget to upgrade to Firefox 3.6 beta 3 today

Mozilla has released the latest beta its Firefox 3.6 browser software, just over one week after beta 2.