∞ Apple sued for distributing music on iTunes Store

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Apple is being sued for allegedly infringing a patent that covers selling music over the Internet, according to a new lawsuit filed in the U.S.

Filed in the Eastern District of Texas, Marshall Division, Sharing Sound claims that Apple’s iTunes Store violates its patent that describes the “Distribution of Musical Products by a Web Site Vendor Over the Internet.”

The abstract of the patent reads:

The system and method permit the purchase of audio music files over the Internet. The PC user logs onto the vendor’s web site and browses the songs available for purchase. The songs can be arranged by artist, music style, etc., as mentioned above. Further, the vendor can provide suggestions on the web site, directing the PC user to songs that might be desirable, based on that PC user’s previous purchases, her indicated preferences, popularity of the songs, paid advertising and the like. If interested in a song, the PC user has the option of clicking on a song to “pre-listen” to it–hearing a 20-second clip, for example. If the PC user then wishes to purchase the song, she can submit her order by clicking on the icons located next to each song/album. The order will be reflected in the shopping basket, always visible on the screen. As the PC user selects more items, each and every item is displayed in the shopping basket. At any point in time, the PC user can review her selections, deleting items she no longer desires.

If you are thinking that Apple is not the only one that distributes music over the Internet, you would be right — that detail didn’t slip by Sharing Sound either.

In addition to Apple, Sony Ericsson Mobile, Sony, Sony Electronics, Sony Computer, Rhapsody, Napster, Brilliant Digital Entertainment, and Microsoft are also named in the lawsuit. Surprisingly, Amazon is not on the list of companies being sued.


  • http://twitter.com/GlennF @GlennF

    "Eastern District of Texas": otherwise known as the patent-owning venue shopper's paradise. Many, many, many decisions from this court (which earns a pile of bucks being the patent venue of choice) are overturned in appeals.

    Congress seemed poised to stop patent suit venue shopping, but, so far, it hasn't occurred. It makes sense to have expert courts, but not courts expertly biased.

  • crenelle

    This GlennF guy gets around…

    The thing is, I don't access the iTunes store as a web site. If you typehttp://www.itunes.com, you wind up at a web page on apple's web site that talks about iTunes, but isn't iTunes. To get to iTunes, you need to install the iTunes App.

    -Mike

  • Hiro

    technically itunes doesn't log onto a website of sorts

  • Mark Kawakami

    Don't worry Apple, I'll save you! You see, Sound Systems is infringing on my intellectual property just by filing this suit. I have a patent that covers "a system and method for utilizing the U.S. Patent system to create overbroad, unenforceable patents on obvious and conceptually simple processes, and to utilize those patents to extract payment or compensation from other businesses or individuals." They clearly are in violation of my patent.

    • http://intensedebate.com/people/jdalrymple Jim Dalrymple

      LOL!

    • Lucas

      no joke. it sounds like they actually just described the itunes store point by point. that said. the courts have been ditching any 'idea' patents for a while now just as they dropped the notion of copyrighting an idea.

      so even if East Texas says yes, an appeal could say no if the patent is just 'the idea' and not actual tech

    • http://intensedebate.com/profiles/deanlewis Dean Lewis

      Holy cow! You should so write that up as a patent and submit it to see how far it gets through the USPO! If the fees weren't so high, it'd be worth it. Hell, if we can find an independently wealthy smartass like us, maybe it would be worth it to him or her, :)

  • Ross

    I'm gonna apply for a patent where you put one foot in front of the other in sequence to move forward. Then I'm gonna sue the world for infringing on my patent every time they walk anywhere.

  • Just Some Human

    I am certainly no lawyer. But I was under the impression that if a patent is not protected by the presumed owner for a given period of time, the presumed owner loses control of said patent.

    In addition, there is going to have to be some significant penalties for law suits that are filed in a jurisdiction like "Eastern District of Texas" that ultimately are judged to be frivolous. There has to be a real downside to this kind of nonsense.

  • George C

    "Machine that uses radio signals to activate a vegetable shaped object to bring about multiple (more than one) orgasm once inserted in a bodily opening." Whew, what a lot of effort! Now make like an American, register it and wait around until someone creative produces it, and sue the pants off them. Better still, it took me about a minute. That's 60 in an hour, at 50 hours per week let's see.. 3000 patents per week. This is better than Goldman Sachs setting up financial products for their customers and then entering the market betting they will fall over.

  • Guest

    They screwed themselves. As others have pointed out, iTunes is NOT a website. it is a digital store. You don't use a web browser to purchase music from it.

    But just for good measure to them for this insidious grab at headlines…..Pbbbbbbbbbbbbbbbbbbbbbbbbt!!!!!!!!!!!!!

  • Michael

    It's these kinds of "patents" that prove the system is so broken it's idiotic. There is a section of the law that specifically states that patents CANNOT be obvious or ambiguous. Just the fact that things like this get through should get people fired.

  • http://twitter.com/vamsmack @vamsmack

    iTunes may not be a website but wouldn't this patent also be seen as anti compeditive?
    It is restricting anyone in the US from selling their music online through an abigious patent.

    I might take out a patent on a method of connecting computers to other computers via a cable or series of cables with some computers 'serving' content and others 'browsing' this content. Oops I just got a US patent on the internet. Now if you would all kindly pay me $1000000 to continue to use my internet I will not sue you!

    • Lucas

      It's not restricting "anyone". Amazon can still sell music online.
      Kind of makes you wonder what this guy has in his stock portfolio

  • kramer

    I hope that 60 minutes or the justice department looks into these lawsuits that keep coming from this same district.

  • The Cappy

    As a doctor, I wonder why patent clerks can't be subjected to malpractice suits. How frequently are we given examples like this, where breathtaking incompetence results in enormous financial harm.

  • Austonian

    I wonder when the "patent" was submitted and approved? Itunes opened 7 years ago.

  • http://twitter.com/Moeskido @Moeskido

    Seeing patent trolls behave like this make me very glad that none of them have access to a working time machine.

  • Jboy

    Actually, they didn't forget about Amazon… or Netflix, Wal-Mart, Barnes & Noble, or GameStop. It's just a different lawsuit.
    http://www.rfcexpress.com/lawsuit.asp?id=58614

  • BaronVonRaske

    Ever notice that when a lawsuit against Apple is filed, it always gets publicity? Even if it is a ridiculous, spurious lawsuit filed in patent troll/scumwad paradise, the Eastern District Court of Texas, it gets published in a manner suggesting that Apple is guilty of crimes against humanity. Yet, when the lawsuit is eventually thrown out, that is never reported.

    If I were king, I would order the scumwad attorneys and those who hype this in the press be sent to the Phantom Zone. Or Kandor. Or Mordor. Yeah, Mordor. That's the ticket…

  • http://www.geekchoice.com pc repair

    So who is the one behind the lawsuit? Whoever it is better get with the times. People are going to buy songs through iTunes, Amazon, and other website venues. Thsi lawsuit is bogus. I wonder if some artist or a group or artist with chips on their shoulders are behind this nonsense.