“Burst.com has filed a countersuit against Apple Computer claiming that the iTunes software, the iPod and the Quicktime streaming software all infringe on patents held by Burst.com, Burst announced Monday,” Tom Krazit reports for CNET. “After being approached by Burst.com in late 2004, Apple had filed for a declaratory judgment in January that it isn’t infringing on Burst’s patents, but Burst is going ahead with its lawsuit, filed Monday in federal court in San Francisco. Burst is asking for royalties as well as an injunction, it said in a press release.”
“Burst has developed software that helps companies speed up the delivery of audio and video files over a network. The company was involved in a similar patent infringement dispute with Microsoft last year that ended with a $60 million settlement and a Microsoft license to the Burst technology,” Krazit reports. “Apple and Burst had held discussions over the past year regarding the patents but never came to any licensing agreement. Apple doesn’t believe the patents are valid, it said in January.”
Full article here.
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Related articles:
Burst.com plans countersuit against Apple alleging iPod, iTunes patent infringement – January 06, 2006
Apple Computer sues Burst after negotiations over iTunes, iPod patent licenses breakdown – January 06, 2006
Uh-Oh.
Here they go again.
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i wish this would get settled so that we can all move along.
I wish they would throw out the idea of software patents completely. Then we could all move along. The patent leeches are choking the industry.
It won’t happen until Microsoft, Adobe and Apple want it to happen, though. Maybe after they lose a few more of these patent-squatting lawsuits…
that’s another three bucks for the stock price
Burst CFO: Uh boss, we seem to be running out of money.
Burst CEO: OMG!! We are done for! Whatever shall we do???!!!
Burst.com CFO: Well….we could sue Apple Computers and get more money.
Burst CEO: Wait a minute! I got an idea. Let’s sue Apple Computers! Yeah! That’s a ticket.
Burst CFO: Wow boss. You are a genius!!
Burst.com CEO: Yeah. I know. After you file the lawsuit, go pick up my dry cleaning and wash my car.
Burst.com CFO: Right away, boss!! Gee, I’m so lucky to have smart boss.
———————–
Sorry about the satire. I just couldn’t resist.
Dark Lord Ballmer – “My Master, *hissst* what shall we do about the Burst infringment?”
Emporer Gates – “We will fight them lightly and then settle for what they want. They will grow bold and then set their sights on poor Apple for a higher amount”
Dark Lord Ballmer – “Shall I increase the prices of Windows Vista to compensate? Threaten to kill them with a chair?”
Dark Lord Gates – “No, just add another version to the several versions we have already, something without the anti-spyware feature, hohohohho”
Dark Lord Ballmer – “Yesss my master”
SJ: Burst, I would like for you to meet Apple Corps. You two seem to have a lot in common. Why don’t both of you take a break from your pestering us and go out and play in traffic together.
Apple should just buy Burst and be done with it.
Ooh! Since this news broke out Burst stock rose to an all time high of 1.98! Let me call my e-trader!
Patents on ideas are stupid. Just like patents on chess moves or business methods. The whole concept of patenting obvious ideas like conveinience(one click buy) or presentation (video streaming) is insane.
Microsoft paid off Burst because Microsoft was caught red-handed deleting email and hiding evidence. There was never any review of whether Burst’s patents were infringed.
Apple should buy Burst, then increase the license fee’s on Microsoft.
HAHA
Uh oh, perhaps M$ is already chomping at the bit.
Goody! Another rationale for my Stock to tank. I’m all about losing money! Now if you’ll excuse me, I have some model trains to crash…
(Magic Word: “hell” – how apt!)
As seen on G4 Attack of the Show tonight (paraphrased):
Dark Lord Ballmer – “You wanna maybe polish my helmet?“
Emporer Gates – “I thought you’d never ask!“
(with apologies to Monty Python)
The sad thing, aberoder, is that I hold the patent on calling patents stupid, which you are now infringing on, and I shall see to it that the courts make you pay, unless you voluntarily cease and desist all posting immediately and send me a check for $1.98.
And a Boba Fett Pez dispenser.
And it better have the orange Pez candy. I hate those purple ones. I get purple, then it’s gonna get ugly here real quick.
I wish they would throw out the idea of software patents completely.
—
Sweet!! Watch R&D take a nosedive.. lets remove all incentives for innovation woo hoo!
The US would love that, if Korea and Japan held all the technology patents..
Great idea!
Dark Lord Ballmer – “Shall I increase the prices of Windows Vista to compensate? Threaten to kill them with a chair?”
Dark Lord Gates – “No, just stand around and sweat, take off your shirt and expose your armpits.”
Calm down everyone. I’ve read the answer and countercomplaint. Burst is simply responding to the dec action that Apple filed. As I like to say, anyone can file a lawsuit. It’s all those law firms repping Burst that will benefit the most from this. Think of all the billable hours!
Why did Burst wait so long to file the for infringement charge? My thought is that Burst is just trying to capitalize on someone else’s achievements. Kinda how Xerox did to Apple all those years ago…hmmm.
Andrew Hamilton
Video Production in Las Vegas
http://www.hiproductions.com
I find it amusing that even after Microsoft gave them $60M, Burst’s market cap is $53.6M.
I guess the market is not impressed.
Quicktime has been around since 1980’s when the heck did they fill patents for it?
Dark Lord Gates – “No, just stand around and sweat, take off your shirt and expose your armpits.”
Darth Ballmer – As you wish, my massssster, *hisss*
Dark Load Gates – And do that monkeyboy dance too
Darth Ballmer – Developers!, *hisss*, Develporsss, *cough* Develo… I, I looove thissss *hisss* compannny *croak* arggg
Dark Load Gates – Yes, yesss
mike said it all. Joop and the others who think we ought to throw out patents apparently have no clue about the dynamics of the patent system and its relationship to innovation. Perfect? Hardly. But it sure as hell beats a free-for-all where individual inventors have no prayer of protecting their work, and even larger corporations are at the mercy of connivance because there is no standard. Yep, that’s what we need: no standards. Yeah, let’s see what happens to R&D when there is no longer any period of time for protecting the incubation of innovation, or protection for the chance to take risk and receive a return on that risk when successful.
Is Burst an innovation-squelching, patent-squatting leech? Maybe, maybe not. But I’d rather take the chance they could be right–and if they are, we get to pay the man–than have a system where one might be unable to attract investment capital.
This is great for Apple — they must be ready to finally move on the movie store and movie iPod.
MW= “lost” I’m not making this stuff up, folks!