Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Spotify already slapped with patent infringement lawsuit

By | July 28, 2011, 11:22am PDT

Summary: Spotify has only been available in the United States for a couple of weeks, and it has already been hit with a lawsuit.

The first piece of patent infringement news today isn’t about Oracle or Google for once. This time it concerns Spotify.

The digital music service has only been available in the United States for a couple of weeks, and it has already been slapped with a lawsuit courtesy of PacketVideo.

If you’re not familiar with PacketVideo, it’s a company dedicated to developing platforms for the deployment of wireless multimedia. TechDirt adds that it was also a startup that was “considered one of the hottest startups on the planet for trying to figure out ways to do streaming video on mobile phones” roughly 10 years ago.

Times have certainly changed since then, and perhaps PacketVideo is feeling a little jealous of the success Spotify has had so far without really even trying.

Nevertheless, here’s part of the patent in question, which was filed way back when in 1995:

…a central memory device which is connected to a communications network and has a databank of digitized music information and, a terminal which is connected to the central memory device via the communications network, the central memory device being equipped with a retrieval module and the said modules having the capability to interact via the communications network in order to order and transmit selectively chosen music information, wherein the selectively chosen music information is organized with a defined format for transmission in a digital music information object, the format including a core and a number of additional layers, the core including at least one object identification code, object structure information, a consumer code and an encryption table and the one or more additional layers including the actual music information, wherein the central memory device has an encryption module for encryption of the music information object before transmission using the encryption table, and wherein the terminal has a decryption module for decryption of the music information object before its reproduction using the encryption table, an interpretation module for interpretation and reproduction conditioning of the music information object as well as an authorization device having identification information for identification of the terminal and of the consumer which is retrievable by the interpretation module and by the decryption module for authorization checking.

While it does sound familiar, PacketVideo did not file this patent originally. However, just like the Oracle/Google debacle, PacketVideo bought this patent a few years ago. Thus, it’s on between Spotify and PacketVideo.

Although one might ask, don’t some other music streaming sites that have mobile apps also fall into this category?

Anyway, for a full look at the legal papers, check out the document below:



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Rachel King is a staff writer for ZDNet based in San Francisco.

Disclosure

Rachel King

Rachel King has no business relationships, affiliations, investments, or other potential conflicts of interest relating to the content posted in this blog.

Biography

Rachel King

Rachel King is a staff writer for CBS Interactive in San Francisco. Before serving as a contributing editor at ZDNet in New York City for two years, she previously worked for The Business Insider, FastCompany.com, CNN's San Francisco bureau and the U.S. Department of State. Rachel has also written for MainStreet.com, Irish America Magazine and the New York Daily News, among others. Rachel has a B.A. in Mass Communications and History from the University of California, Berkeley and a M.S. in Journalism from Columbia University, where she served as art director for the student magazine, Plated.

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RE: Spotify already slapped with patent infringement lawsuit
tringo007 29th Sep
This site can be a stroll-by way of for the entire information you wanted about this and didn???t know who to ask. Glimpse here, and also you???ll positively discover it. gates millenium
Somebody should sue the government for killing the principles of the Free Market.
@tatiGmail Is being a patent Troll li m i ted to people who write without adequate punctuation or possibly have keyboards without the full stop key?
@tatiGmail
Why? Ok, I give you one for Patent Trolls, but if I am the original innovator and transferred my innovation to a company, doesn't that company have any rights to protect its investments? Also if I didn't sell, don't I have any rights to protect my innovation? What happened to my freedom or the new acquirer's?
@Rama.NET In a free market, it used to be companies protected their investments by producing the best products. Now its: "Oh look, that product makes ours look like junk, call the lawyers! We'll sue based on one of our generic, rubber-stamped patents. Call the East Texas courts or the US-ITC."
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@Rama.NET

We could ALL apply for a patent under these rules. There's nothing specific here; nothing defining A technology that shouldn't be copied. I'm all for protecting investment BUT this is just stupid.

If this law existed 100 yeas ago we'd have 1 car, 1 aeroplane, 1 kettle, 1 of anything ... as everything else would be in breach. That's clearly STUPID thus so is this situation. Singer was in breach of patents but still produced a sewing machine by innovating the methodology..... at least he wasn't banned because someone else made a sewing machine.

Just like Apple wanting to patent swipe, structure, flows.... it's idiotic. Yes by all means protect the code or chips to detect and control but no-way should you be protecting a general principle, especially when its such a top level idea. The world has gone bonkers and sadly many here agree with a world gone NUTS and fully endorse it. Sad !
This site can be a stroll-by way of for the entire information you wanted about this and didn???t know who to ask. Glimpse here, and also you???ll positively discover it. gates millenium
@Rama.NET
Tech patents should last 5 years.
@anono
Areed, and if the original innovator or the acquired investor is not able to release a product implementing those patents within that stipulated time (5 to 7 years), then govt. should make them as open patents and public property, so anyone can implement those in their products freely and later no one should sue others for those even if they implmented first.
@Rama.NET
did you read the legal papers attached? they are using the patent right now and have been for some years. This is not a patent troll. this is a real company that is using their original works and suddenly finds someone else doing same and not paying royalties. seems wrong to me...
@anono
The patent office seems inclined to grant IP rights on vague descriptions of good [or not so good] ideas about how a thing or idea should/might work. I would have to agree that the only way to protect IP and not stifle innovation is to impose time limits and 5 years is a lifetime in this business.
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@anono

All I see is words to define how a technical approach could be taken. I see NO technicality, no code, no hardware, no specific definition of modularity or handshaking between modules. All I see is a generic absolute top level thought that MIGHT work. I have lots of these each week, as will you. Are we really saying I should patent that and limit what others can produce? Are we really saying my laziness and lack of drive or knowledge should prevent advancement of technology? Surely that's an absurd suggestion?
How in the world did that get a patent? It's a description of an encrypted network, and prior art alone should have prevented the patent. If nothing else, the fact that there is NOTHING there but a vague notion of how they might accomplish the feat, should be sufficient to have laughed them out of the patent office.
@darylsonnier I totally agree. Once upon a time the rule was you could not patent an idea, only a working device. Such a general description of an idea should definitely not be patentable. The Patent Office has gone berserk!
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Message has been deleted.
kangkangee Updated - 29th Jul
Is being a patent Troll limited to people who write without adequate punctuation or possibly have keyboards without the full stop key?
0 Votes
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Patent troll is a company that bashes against anyone that is using something that looks like something they hold a patent, they are more interested in gaining profits or ego without working, it's being used as the ultimate money-making scam: Let other people do the actual work and pay you for being the first to file a doodle (now patent is not an innovation synonym, since i have seen many people patenting well know stuff or 'inspired' stealed works), seems fair but the patent scenario is filed more with greedy, lazy and moronic egomaniacs that only wants to sue (no, they're not as smart as one might think or care about their 'inventions'), and most patent trollers are not inventors or innovators, are shell companies that buys some documents at a cheap price to someone and start bashing against everyone, so the patent system is not protecting ideas or inventors just the patent owners, as owning a house or a pet, is not the same with ideas, since probability of 2 different unrelated people thinking the same is pretty high now and the failure of research or legal advice (now for thinking you must be a lawyer in all states and countries).The current US-patent system is making most working people and companies going to another countries and ban their products in US.

If i were proposing for a patent law initiative I'd make one set of rules for individual inventors and another for company and business inventions, being more sensitive to individuals and when they sell their patents to a company they have at least to implement it. Patent trolling is taking the most important US companies life and must be controlled before companies leave US to start working in other countries.

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