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

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Lawsuit for geeks? or dorks?

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

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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.

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ZapMedia, go have a cry ok?

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

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Anyone else for patent reform? :P

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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?)

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has apple invented anything but marketing?

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

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

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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?

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