iTunes/iPod under threat from US/EU software patents
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Pat-Rights, a company from Hongkong which owns patents on copy prevention mechanisms in the US and Europe, is asking for payment of 12% of the revenues of Apple's music downloading business. The schemes are patentable according to the legislative proposals of the EU Commission and Council but not according to that of the Parliament.
News & Chronology
2005-03-05 WW Engadget: Apples other patent infringement lawsuit, this one over iTunes DRM
2005-03-04 WW ZDNet: DRM patent holder seeks 12 percent of iTunes/iPod gross from Apple (article with references to ongoing developments in Europe, local copy)
Patents
proprietor Pat-Rights Inc = KEUNG Tse-Ho
US 6665797 filed in 1998, granted in 2003
European Patent 1242893 applied for in 1998, published in 2001, currently in stage A2 (WIPO application, deemed to be patentable in principle but still awaiting search report, on whose basis novelty must be assessed), but EPO's online file inspection database off-line outside office hours and during weekends, therefore don't know exact status yet.
Claim 1 as granted by USPTO
A method for protecting publicly distributed software from unauthorised use, comprising the steps of:
- determining if identity information, is existing in a processing apparatus;
- using a positive result of said determination as a pre-condition for causing said processing apparatus to provide user access to said software desired to be protected; wherein:
- said identity information, if so existing, being capable of being used in enabling electronic commerce operation(s) for which rightful user(s) of said software desired to be protected has to be responsible;
- access to said software desired to be protected is being provided without causing a said operation being performed and said identity information being specific to said rightful user(s).
Claim 1 as pending at EPO
Authorising software used on a computing device to protect other software by discouraging a rightful or an authorised user thereof from enabling or allowing other person(s) to use said software desired to be protected or a duplication copy thereof; said authorising software being for, when executed,
- determining existence of identity software in memory means accessible to said computing device;
- using a favour result of said determination as a precondition for permitting use of said software desired to be protected on said computing device;
- said identity software being used on said computing device to provide information specified to said user;
- said information being essentially used, on said computing device, in enabling of operation(s) for which said user has to be responsible;
- and said determination of existence is being made without causing a said operation being performed.
