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Posted Dec 3, 2006 05:34 by Mabie A. Listed in: iTunes, News Tags: Canada
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iTunes interfaceAnd Apple remains to be on top of the fruit basket as it gets a hold of the rights to a critical digital download patent. It was meant to be historic, with the software giant playing the role of Goliath, while Vermont-based inventor David Contois plays the underdog David.

However, no action-packed battle ensued. Instead, what took place was what could be an amicable out-of-court settlement, with Contois granting Apple the rights to a software design patent he allegedly invented, and which was copied by Apple.

The patent in question originally had the concept of a desktop computer holding multiple songs with an interface that allowed a hotel guest to select three songs, and then have these choices played on an electric grand piano.

Says Michael Starkweather, lawyer and author of the 10-year old patent for Contois, the latter didn't originally show interest in having the idea patented, nor did he necessarily understand the value of his creation. The big deal with this patent is that it may very well allow Apple to "eventually be after every phone company, film maker, computer maker and video producer to pay royalties on every download of not just music but also movies and videos," posits Starkweather.

The suit was originally filed in June of 2005, with Contois pleading for a preliminary and permanent injunction, which will necessarily bar Apple from distributing its iTunes software. According to the complaint, Apple 'copied' the invention and used the design ideas in the interface for iTunes, after he exhibited the computer interface for playing music on an internal or external computer-responsive music device at the 1995 COMDEX trade show, and the 1996 NAMM music industry trade show.

In particular, the iTunes' menu selection process, transfer capabilities, and search capabilities were those that were in direct violation of Contois' patent.

But now that Apple finally has it in its possession the "billion dollar patent", it's now time to see what the next battle awaits this company, and for what.

[Via AppleInsider] Permalink  |   Email this  |   Linking Blogs   |   Digg It!

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