Wednesday, August 10, 2005

The conspiracy theories [reported by Apple Insider] may not be flightworthy.

The AppleInsider story says the Apple application "to patent the menu-based software interface of its popular iPod digital music player has ultimately proved unsuccessful."

However that isn't the case. The story is coy about the patents it discusses, doesn't mention the Microsoft connection and upon further research, it's clear that several key aspects of the iPod are adequately covered by separate Apple IP applications. Both patents discussed have weathered multiple rejections by the USPTO.

One suit relates to a patent for the protection of software against unauthorised use, while the other relates to a patent for a type of musical jukebox.

Hong Kong-based Pat-rights has contacted Apple, according to a posting on its website, to discuss the alleged breach of its US patent number 6,665,797, which covers the provision of “identity information of the rightful user thereof for accessing a network central computer to obtain service(s) or software product(s) or alike”.

Apple’s digital rights management system, known as Fairplay, is in breach of this patent, says Pat-rights. The firm is demanding 12% of profits earned by the computer giant from its iTunes and iPod sales and is thought to have given the company until 21st March to respond.

The second suit, which has already been filed in a US federal court, charges Apple with breaching US patent rights owned by Chicago-based Advanced Audio Devices. The patent – number 6,587,403 – was granted in July 2003 and relates to “a music jukebox which is configured for storing a music library therein”.