Patent suit takes aim at Apple's iTunes, MobileMe, QuickTime

Posted:
in General Discussion edited January 2014
Apple and 17 other companies were named in a new lawsuit filed this week over two patents related to accessing computer software from remote systems.



BetaNet has targeted Apple, along with Microsoft, IBM, Adobe, Kodak and others, over alleged infringement of two patents. U.S. Patent No. 5,222,134, awarded in 1993, is entitled "Secure System for Activating Personal Computer Software at Remote Locations," while No. 5,103,476, of 1992, has the name "Secure System for Activating Personal Computer Software at Remote Locations."



The complainant has accused Apple of selling software to remote computers through iTunes, Aperture, QuickTime and MobileMe. BetaNet believes these products from Apple are in violation of its patent.



"(Apple is) using, selling and offering to sell computer software via a process that provides a program file -- including a loader segment and a registration shell portion -- to a remote computer having a display," the complaint reads. "The program file contains a first executive control program, representing a limited version of the program file. License transaction information is entered into the registration shell portion, and that information is transmitted from the registration shell to a separate registration program provided in a registration computer."



It continues: "The registration program merges the license transaction information with the second executive control program -- representing a complete version of the program file to -- to generate a unique overlay file. The unique overlay file is transmitted from the registration program to the registration shell, and contains the second executive control program. The overlay file is installed on the main program file, thereby allowing complete operation of the program file."



Other software specifically mentioned by BetaNet in the suit is Adobe's Creative Suite, Acrobat and Photoshop; Carbonite's online backup tools; Intuit's Quicken, QuickBooks and TurboTax; Microsoft Office, OneCare, Windows Server and Silverlight; McAffee VirusScan; and the Rosetta Stone foreign language suite.



Apple is the frequent target of patent-related lawsuits, and the iTunes software in particular is often attacked. Some recent iTunes-related patent suits dealt with information distribution and online billing methods.



The latest suit from BetaNet was filed in a U.S. District Court in the Eastern District of Texas, Marshall Division. Patent lawsuits are often filed there for favorable rulings.



In its annual Form 10-K filed with the U.S. Securities and Exchange Commission in October, Apple said it was then defending itself from more than 47 patent infringement cases, 27 of which were filed during the 2009 fiscal year. Those suits prove costly to defend, and sometimes Apple comes out on the losing end of a large payout. Earlier this month, a Texas patent suit resulted in a 21.7 million ruling against Apple.
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Comments

  • Reply 1 of 48
    morkymorky Posts: 170member
    Basically, they believe they have a patent for selling bits online. Good luck with that.
  • Reply 2 of 48
    malaxmalax Posts: 1,598member
    Quote:
    Originally Posted by Morky View Post


    Basically, they believe they have a patent for selling bits online. Good luck with that.



    Basically, the article says nothing of the sort. It's about a particular method of downloading a bit of software and then having that software take care of the rest of the download/upgrade. Obviously it was a clever idea when the first person did it, but does that mean that for the next 20 years anyone else who wants to do that has to pay the first dude royalties (or be prevented from doing it)? Seems a bit much in this case. And depending on how the patent was written and how Apple implemented things, it may not apply to Apple software anyway. A jury in Marshall, TX will decide if they can't work things out before it gets that far.



    I should move to Marshall, TX. Sounds like jury duty there would be pretty interesting.
  • Reply 3 of 48
    DOWN WITH AT&T!!!!



    Iphone USERS, HELP BRING AT&T'S NETWORK TO ITS KNEES THIS FRIDAY AT 12:00pm PST... IF YOU HAVE AN iPhone RUN THE MOST DATA INTENSIVE APP YOU HAVE OVER THE 3G NETWORK FOR AS LONG AS YOU CAN... REMEMBER, ITS THIS FRIDAY AT 12:00pm PST, 3:00pm EASTERN



    HELP SPREAD THE WORD!





    ( I am not a troll, I am just trying to spread the word)
  • Reply 4 of 48
    neilmneilm Posts: 526member
    Quote:
    Originally Posted by jenkman91 View Post


    I am not a troll, I am just trying to spread the word)



    Yes you are: fuck off.
  • Reply 5 of 48
    Quote:
    Originally Posted by NeilM View Post


    Yes you are: fuck off.



    no, I am not. Go to Fake Steve Jobs blog page and read the article about the iPhone choke hold. If you are an iPhone user like me, then you must be annoyed (or have been in some point in time) about At&t's horrible service.



    I don't understand why you have to use harsh language. I am just trying to spread the word. All of us iPhone users need to do this Friday.
  • Reply 6 of 48
    Quote:
    Originally Posted by malax View Post


    Basically, the article says nothing of the sort. .... And depending on how the patent was written and how Apple implemented things, it may not apply to Apple software anyway. A jury in Marshall, TX will decide if they can't work things out before it gets that far.



    I should move to Marshall, TX. Sounds like jury duty there would be pretty interesting.



    Actually, moving your lawsuit to Marshall says a lot about the deal. It seems that Marshall has set it self up as a place that favors the one suing. Time and again, they find for the patent holder no matter how stupid and how much prior art exists.



    That is why companies with weak cases go there vs locally.



    Just a thought. PS I live near Marshall, and its a pretty hick town.

    en



    sorry for the double post. Internet is glitchy today :-)
  • Reply 7 of 48
    Quote:
    Originally Posted by malax View Post


    Basically, the article says nothing of the sort. .... And depending on how the patent was written and how Apple implemented things, it may not apply to Apple software anyway. A jury in Marshall, TX will decide if they can't work things out before it gets that far.



    I should move to Marshall, TX. Sounds like jury duty there would be pretty interesting.



    Actually, moving your lawsuit to Marshall says a lot about the deal. It seems that Marshall has set it self up as a place that favors the one suing. Time and again, they find for the patent holder no matter how stupid and how much prior art exists.



    That is why companies with weak cases go there vs locally.



    Just a thought. PS I live near Marshall, and its a pretty hick town.

    en
  • Reply 8 of 48
    kreshkresh Posts: 379member
    Quote:
    Originally Posted by eldernorm View Post


    Actually, moving your lawsuit to Marshall says a lot about the deal. It seems that Marshall has set it self up as a place that favors the one suing. Time and again, they find for the patent holder no matter how stupid and how much prior art exists.



    That is why companies with weak cases go there vs locally.



    Just a thought. PS I live near Marshall, and its a pretty hick town.

    en



    sorry for the double post. Internet is glitchy today :-)





    Are the patent trolls at least building a civic center or an uber-cool golf course there for the residents in payment of these jury awards they getting?
  • Reply 9 of 48
    al_bundyal_bundy Posts: 1,525member
    Quote:
    Originally Posted by eldernorm View Post


    Actually, moving your lawsuit to Marshall says a lot about the deal. It seems that Marshall has set it self up as a place that favors the one suing. Time and again, they find for the patent holder no matter how stupid and how much prior art exists.



    That is why companies with weak cases go there vs locally.



    Just a thought. PS I live near Marshall, and its a pretty hick town.

    en



    sorry for the double post. Internet is glitchy today :-)





    in this case the patent was filed in 1990 right about the time HTML was invented so you can't get more prior art than this
  • Reply 10 of 48
    @jerkman91



    If you were standing right in front of me and SHOUTED the crap you've posted here (ALL CAPS!), I would knock your block off, you vacuous troll. If you don't like the iPhone/ATT connection, don't use it. What you're advocating here is childish, puerile, pathetic, and whinerific. (Is that language clean enough for you?)



    Go haunt some other site with your "campaign alert," jerkman. (Why not try a Million Man March on DC next time?)
  • Reply 11 of 48
    maestro64maestro64 Posts: 4,101member
    Quote:
    Originally Posted by eldernorm View Post




    Just a thought. PS I live near Marshall, and its a pretty hick town.

    en



    When all the lawyer have to show up where do they stay, in some motel 8 or the next major town.



    What we all do not realize this is part of this towns tourist plan, since they can not get people to come spend money on their own, they made it easy to file lawsuits and then high priced lawyer come and spend money at the local establishments. It is a job program for the town.



    I thought the Bush Administration was against frivolous lawsuit, I guess that does not apply in his own home state.
  • Reply 12 of 48
    Quote:
    Originally Posted by malax View Post


    basically, the article says nothing of the sort. .... And depending on how the patent was written and how Apple implemented things, it may not apply to Apple software anyway. A jury in Marshall, TX will decide if they can't work things out before it gets that far.



    I should move to Marshall, TX. Sounds like jury duty there would be pretty interesting.



    i don't think these particular cases are handled by jury
  • Reply 13 of 48
    Quote:
    Originally Posted by Maestro64 View Post


    When all the lawyer have to show up where do they stay, in some motel 8 or the next major town.



    What we all do not realize this is part of this towns tourist plan, since they can not get people to come spend money on their own, they made it easy to file lawsuits and then high priced lawyer come and spend money at the local establishments. It is a job program for the town.



    I thought the Bush Administration was against frivolous lawsuit, I guess that does not apply in his own home state.



    Being a judicially-friendly host to a particular group of people is nothing new. Delaware has basically made a business out of playing host to publicly-traded corporations because of their corporate-friendly legislature and business-savy chancellory court.
  • Reply 14 of 48
    Quote:
    Originally Posted by Maestro64 View Post


    I thought the Bush Administration was against frivolous lawsuit, I guess that does not apply in his own home state.



    wtf dude, this has nothing to do with bush at all Oo
  • Reply 15 of 48
    Quote:
    Originally Posted by jenkman91 View Post


    no, I am not. Go to Fake Steve Jobs blog page and read the article about the iPhone choke hold. If you are an iPhone user like me, then you must be annoyed (or have been in some point in time) about At&t's horrible service.



    I don't understand why you have to use harsh language. I am just trying to spread the word. All of us iPhone users need to do this Friday.



    I thought the ATT problem was crappy coverage. What does this stunt prove?
  • Reply 16 of 48
    I don't understand why it has taken this company 16 years to defend it patent.
  • Reply 17 of 48
    Quote:
    Originally Posted by jenkman91 View Post


    ( I am not a troll, I am just trying to spread the word)



    *plonk*. (This means you've just been killfiled. I think everbody should block you. Just trying to spread the word.)
  • Reply 18 of 48
    Quote:
    Originally Posted by dualie View Post


    I don't understand why it has taken this company 16 years to defend it patent.



    It doesn't the patent was bought and some lawyers finally figure out what it was and what possible current application might be doing what this patent says. They probably had to go back and interview the original patent holder to understand what it was about and then figure out it anyone actually was doing something remote close to what the patent claims to protect.
  • Reply 19 of 48
    Quote:
    Originally Posted by jenkman91 View Post


    no, I am not. Go to Fake Steve Jobs blog page and read the article about the iPhone choke hold. If you are an iPhone user like me, then you must be annoyed (or have been in some point in time) about At&t's horrible service.



    I don't understand why you have to use harsh language. I am just trying to spread the word. All of us iPhone users need to do this Friday.



    And what exactly is this going to achieve? I won't be participating because where I am at, there are NO issues. AT&T is very strong down here (Houston) and have great data speeds, reliable signal and am 100% happy.
  • Reply 20 of 48
    Quote:
    Originally Posted by jenkman91 View Post


    DOWN WITH AT&T!!!!



    Iphone USERS, HELP BRING AT&T'S NETWORK TO ITS KNEES THIS FRIDAY AT 12:00pm PST... IF YOU HAVE AN iPhone RUN THE MOST DATA INTENSIVE APP YOU HAVE OVER THE 3G NETWORK FOR AS LONG AS YOU CAN... REMEMBER, ITS THIS FRIDAY AT 12:00pm PST, 3:00pm EASTERN



    HELP SPREAD THE WORD!





    ( I am not a troll, I am just trying to spread the word)



    No you are an idiot.



    This could cause deaths through the inability to call emergency/911 lines.
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