So what is the process of searching this information? I am a small iPhone developer, and came up with a few ideas. I would hate to bring an app to market only to find that someone had patented the concept.
That's what patent searches are for. This patent is easily available, as booga has seen it, apparently.
It's the responsibility for the person or company working on a new invention to do the search. It's much easier and cheaper these days, as much of it is on the internet.
The patent that was actually granted is pretty much an exact description of Shazam. And although the patent was first submitted in 2000, it was revised several times and not granted until 2005. Shazam debuted in 2002. It's going to be an interesting court case if it goes forward, since essentially they managed to get a patent on the prior art of someone else after the fact.
This is the actual patent claim as it was granted in 2005:
Quote:
1. A process of identifying music comprising:
a) providing a portable communication device to be used by a consumer;
b) a service provider providing a music identification device having a database of prerecorded musical works;
c) the consumer recording a segment of music that is audible to the consumer in a location remote from the music identification device using said portable communication device;
d) the consumer transmitting said recorded musical segment from said portable communication device into a central processing unit of the music identification device;
e) the music identification device analyzing and comparing said musical segment to the database of musical works;
f) the music identification device identifying at least one closest match;
g) the music identification device generating database information regarding said at least one closest match; and
h) the music identification device transmitting the database information regarding said at least one closest match to the consumer.
To me that is just an idea. For it to be patent worthy it needs to explain point e) in great detail.
In its complaint, Tune Hunter doesn't specify its gripes with each individual defendant. Instead, it charges them broadly with contributing to the infringement or inducing the infringement of its patent "by making, using, selling and/or offering to sell, and/or causing others to use [...]
How is Apple different from any software re-seller?
This lawsuit against Apple, AT&T and other electronics companies is completely without merit. if anyone, they ought to sue SHAZAM, not these other companies that didn't create the APP software. It is like suing Microsoft because you have a copycat/patent infringing program that runs on windows.
sorry.... this wont pass. this is a patent owning company suing for profit. not to say they don't have merit against Shazam, i just dont know. but apple??? ridiculous!
Actually, I will continue to use this program for quite some time... Tune Hunters are just patent trolling and can drop fucking dead - no one will care...
If you read a little further into the patent (I haven't read it all), it is talking about using radio station info only. Since Shazam doesn't rely on radio station info, it doesn't seem likely that this will make it to trial.
Furthermore, as a couple of posters have pointed out, it really looks like the patent isn't valid at all, since products using the EXACT method described in the patent have existed for some time before the patent was granted.
i agree with what virgil-tb2 said ... how is "marking the time and the name of the radio station in portable device" and then using that data to look up info in a broadcast archive "strikingly similar" to "capturing a sample of the track, analyzing it, and then comparing it with a remote database based on its acoustic footprint."?
one is a certain piece of info at a certain point in time that you use to query a database.
the other is a non-specific sample of audio collected at any time and anywhere compared with digital footprints. the sample could be almost any section of the song.
Dude that's exactly what I was thinking. We should all start filing for patents on the craziest futuristic ideas we can think of, then someday, even though we don't make any product whatsoever, we can sue anyone who turns our idea into reality!
Rocket shoes, banana cameras, touch screen dildos, spring loaded beer, invisible gum, computers for dogs, french fry gardens, fingernail polish clocks, solar powered lifeguard robots. These are all things I came up with off the top of my head in 5 seconds, imagine how rich we could be some day if we hold the patents long enough!
I wonder if some old man will come forward one day, holding a paper proving he filed for a patent, screaming, "I invented cell phones!"
I'm afraid as the owner of bananacameras.com and woofcomputing.com and extensive patents covering their respective intelectual properties I must ask you to cease and desist and submit for a spanking. You really have been a naughty boy.
Rocket shoes, banana cameras, touch screen dildos, spring loaded beer, invisible gum, computers for dogs, french fry gardens, fingernail polish clocks, solar powered lifeguard robots. These are all things I came up with off the top of my head in 5 seconds, imagine how rich we could be some day if we hold the patents long enough!
I am sorry but all these things have been invented. you can see them all on youtube.
rocket shoes - see JackAss movie
banana cameras- search the phase on Youtube.
touch screen dildos- there's an app for that. wobble or ijiggles
spring loaded beer- a college student invented a fridge that shoots beers a few years ago. look for it on youtube
invisible gum- they are invisible. no one wants to see what's in your mouth.
computers for dogs- see New Yorker cartoon. "on the internet, no one knows you are a dog"
french fry gardens- this is in every American's stomach.
fingernail polish clocks- every woman knows about this. visit my asian friend's salons.
I'm afraid as the owner of bananacameras.com and woofcomputing.com and extensive patents covering their respective intelectual properties I must ask you to cease and desist and submit for a spanking. You really have been a naughty boy.
And as the late owner of helicopterejectorseats.com once said: cease, desist or decapitate. May he (all 39 slices of him) rest in peace.
If you read a little further into the patent (I haven't read it all), it is talking about using radio station info only. Since Shazam doesn't rely on radio station info, it doesn't seem likely that this will make it to trial
If you actually read the 1st paragraph, you will see it does not require radio station info either and Shazam works exactly as it describes.
"An alternate embodiment provides the listener with convenient means to record a segment of the music in which he/she is interested. The recorded music segment is played back into an apparatus which can identify the song based on the play back and provide the user with information on the identified song such as title, singer or artist, composer, producer, etc., and provide related purchasing information."
How is Apple different from any software re-seller?
Exactly. This is the same case as in the iTunes store. Apple is merely the reseller. This is also a free application. The problem is that 1) Apple cannot be held accountable for the patent process for every application it hosts online for software developers. Actually their terminology of the App store states that they are simply making a place to host their applications for the developer. They don't even state that they are a reseller. They take a portion of the sale for hosting their app. They're not even a reseller per their wording. 2) They have to prove a loss of sales from this product. 3)They have to prove that Shazam has profited (and so has Apple etc. but this point is moot). Really. There is absolutely no way they will win this. I hope Apple and the numerous other people being sued bury this company.
BTW, Verizon has used this on their phones for the past few years. The patent process also clearly describes that you must defend your patent within a due amount of time. They failed to do so with respect to Verizon and their phones. Funny that they are in this lawsuit now.
Prior art, one of the attack copters has one already. You jettison the rotor blades first. I have a feeling there's one where you eject from the bottom too, but it's only a vague memory.
Quote:
Originally Posted by MissionGrey
solar powered flash light
I think that already exists too, an LED torch with a solar panel to charge a little internal battery.
Quote:
Originally Posted by MissionGrey
glow in the dark sunglasses
Got me on that one, I did attach one of those tritium-powered glowy keyrings to the lamp remote so I could find it in the dark though.
Quote:
Originally Posted by MissionGrey
invisible diamonds.
There's a particular liquid that has the same refractive index as diamond, so when you drop them in they disappear.
Shazam's been in business since 2002 - well before 2005 when this patent was filed. Back then, it worked by sending you an SMS for which you were charged a few pence (it was UK-only then) containing the track data. Linking to the iTMS closes the circuit.
Hope this only serves to give publicity to an extraordinary service.
Comments
So what is the process of searching this information? I am a small iPhone developer, and came up with a few ideas. I would hate to bring an app to market only to find that someone had patented the concept.
That's what patent searches are for. This patent is easily available, as booga has seen it, apparently.
It's the responsibility for the person or company working on a new invention to do the search. It's much easier and cheaper these days, as much of it is on the internet.
The patent that was actually granted is pretty much an exact description of Shazam. And although the patent was first submitted in 2000, it was revised several times and not granted until 2005. Shazam debuted in 2002. It's going to be an interesting court case if it goes forward, since essentially they managed to get a patent on the prior art of someone else after the fact.
This is the actual patent claim as it was granted in 2005:
1. A process of identifying music comprising:
a) providing a portable communication device to be used by a consumer;
b) a service provider providing a music identification device having a database of prerecorded musical works;
c) the consumer recording a segment of music that is audible to the consumer in a location remote from the music identification device using said portable communication device;
d) the consumer transmitting said recorded musical segment from said portable communication device into a central processing unit of the music identification device;
e) the music identification device analyzing and comparing said musical segment to the database of musical works;
f) the music identification device identifying at least one closest match;
g) the music identification device generating database information regarding said at least one closest match; and
h) the music identification device transmitting the database information regarding said at least one closest match to the consumer.
To me that is just an idea. For it to be patent worthy it needs to explain point e) in great detail.
In its complaint, Tune Hunter doesn't specify its gripes with each individual defendant. Instead, it charges them broadly with contributing to the infringement or inducing the infringement of its patent "by making, using, selling and/or offering to sell, and/or causing others to use [...]
How is Apple different from any software re-seller?
Only I guess NPR doesn't have deep enough pockets? Or they are scared to sue NPR?
sorry.... this wont pass. this is a patent owning company suing for profit. not to say they don't have merit against Shazam, i just dont know. but apple??? ridiculous!
I'd say use this great program while you can...
Actually, I will continue to use this program for quite some time... Tune Hunters are just patent trolling and can drop fucking dead - no one will care...
I call: Helicopter ejection seat, solar powered flash light, glow in the dark sunglasses, invisible diamonds.
dibs on submarine screen door and dehydrated water (bringing back the catch phrase "just add water!")
dibs on submarine screen door and dehydrated water (bringing back the catch phrase "just add water!")
Actually, dehydrated water exists.
Get a bottle of hydrogen and a bottle of oxygen. Mix the two, then add a spark, and instant water!
Just make sure the container is strong enough for the resultant explosion.
http://patft.uspto.gov/netacgi/nph-P...&RS=PN/6941275
If you read a little further into the patent (I haven't read it all), it is talking about using radio station info only. Since Shazam doesn't rely on radio station info, it doesn't seem likely that this will make it to trial.
Furthermore, as a couple of posters have pointed out, it really looks like the patent isn't valid at all, since products using the EXACT method described in the patent have existed for some time before the patent was granted.
I'm no lawyer, so I could be very wrong.
one is a certain piece of info at a certain point in time that you use to query a database.
the other is a non-specific sample of audio collected at any time and anywhere compared with digital footprints. the sample could be almost any section of the song.
someone help me out here.
Dude that's exactly what I was thinking. We should all start filing for patents on the craziest futuristic ideas we can think of, then someday, even though we don't make any product whatsoever, we can sue anyone who turns our idea into reality!
Rocket shoes, banana cameras, touch screen dildos, spring loaded beer, invisible gum, computers for dogs, french fry gardens, fingernail polish clocks, solar powered lifeguard robots. These are all things I came up with off the top of my head in 5 seconds, imagine how rich we could be some day if we hold the patents long enough!
I wonder if some old man will come forward one day, holding a paper proving he filed for a patent, screaming, "I invented cell phones!"
I'm afraid as the owner of bananacameras.com and woofcomputing.com and extensive patents covering their respective intelectual properties I must ask you to cease and desist and submit for a spanking. You really have been a naughty boy.
The article says "presumably for their connection to Shazam," but I suspect that that's completely wrong.
Check out this product that (somehow) Apple supports:
http://www.hdradio.com/iTunes_Tagging/
TidBITs description:
http://db.tidbits.com/article/9165
And some me-too Zune version:
http://www.mediapost.com/publication...&art_aid=90323
I assume the real lawsuit is about these products.
Rocket shoes, banana cameras, touch screen dildos, spring loaded beer, invisible gum, computers for dogs, french fry gardens, fingernail polish clocks, solar powered lifeguard robots. These are all things I came up with off the top of my head in 5 seconds, imagine how rich we could be some day if we hold the patents long enough!
I am sorry but all these things have been invented. you can see them all on youtube.
rocket shoes - see JackAss movie
banana cameras- search the phase on Youtube.
touch screen dildos- there's an app for that. wobble or ijiggles
spring loaded beer- a college student invented a fridge that shoots beers a few years ago. look for it on youtube
invisible gum- they are invisible. no one wants to see what's in your mouth.
computers for dogs- see New Yorker cartoon. "on the internet, no one knows you are a dog"
french fry gardens- this is in every American's stomach.
fingernail polish clocks- every woman knows about this. visit my asian friend's salons.
solar powered lifeguard robots- Baywatch.
I'm afraid as the owner of bananacameras.com and woofcomputing.com and extensive patents covering their respective intelectual properties I must ask you to cease and desist and submit for a spanking. You really have been a naughty boy.
And as the late owner of helicopterejectorseats.com once said: cease, desist or decapitate. May he (all 39 slices of him) rest in peace.
If you read a little further into the patent (I haven't read it all), it is talking about using radio station info only. Since Shazam doesn't rely on radio station info, it doesn't seem likely that this will make it to trial
If you actually read the 1st paragraph, you will see it does not require radio station info either and Shazam works exactly as it describes.
"An alternate embodiment provides the listener with convenient means to record a segment of the music in which he/she is interested. The recorded music segment is played back into an apparatus which can identify the song based on the play back and provide the user with information on the identified song such as title, singer or artist, composer, producer, etc., and provide related purchasing information."
How is Apple different from any software re-seller?
Exactly. This is the same case as in the iTunes store. Apple is merely the reseller. This is also a free application. The problem is that 1) Apple cannot be held accountable for the patent process for every application it hosts online for software developers. Actually their terminology of the App store states that they are simply making a place to host their applications for the developer. They don't even state that they are a reseller. They take a portion of the sale for hosting their app. They're not even a reseller per their wording. 2) They have to prove a loss of sales from this product. 3)They have to prove that Shazam has profited (and so has Apple etc. but this point is moot). Really. There is absolutely no way they will win this. I hope Apple and the numerous other people being sued bury this company.
BTW, Verizon has used this on their phones for the past few years. The patent process also clearly describes that you must defend your patent within a due amount of time. They failed to do so with respect to Verizon and their phones. Funny that they are in this lawsuit now.
Nope. Any way you slice it. They'll lose.
I call: Helicopter ejection seat
Prior art, one of the attack copters has one already. You jettison the rotor blades first. I have a feeling there's one where you eject from the bottom too, but it's only a vague memory.
solar powered flash light
I think that already exists too, an LED torch with a solar panel to charge a little internal battery.
glow in the dark sunglasses
Got me on that one, I did attach one of those tritium-powered glowy keyrings to the lamp remote so I could find it in the dark though.
invisible diamonds.
There's a particular liquid that has the same refractive index as diamond, so when you drop them in they disappear.
Alan.
Hope this only serves to give publicity to an extraordinary service.
You can't patent an idea.