“Apple Computer Inc. has settled a federal lawsuit filed by an Essex Junction business owner who claimed the computer manufacturer stole his design for iTunes, a popular digital jukebox,” Adam Silverman reports for The Burlington Free Press. “Terms of the settlement, which was reached following a 15-hour negotiating session, were not disclosed.”
“David Contois, who owns Contois Music & Technology in Essex Junction, filed a lawsuit that accused Apple — a Cupertino, Calif., computer manufacturer that revolutionized the digital-music industry with the now-ubiquitous iPod and companion iTunes software for PCs and Macs — of stealing his patented design for jukebox software,” Silverman reports.
Silverman reports, “Apple denied the allegations and filed a counterclaim seeking reimbursement of its own legal expenses. The settlement ends all legal actions, and the lawsuit was dismissed, according to records at U.S. District Court in Burlington, where the case was filed. ‘We’re glad to get back to teaching music and selling musical instruments,’ said Dan Contois, a brother of David Contois, who works in the 35-year-old family-owned business. ‘The terms are confidential. We can’t discuss them.’ Apple spokeswoman Kristin Huguet did not return phone calls seeking comment Thursday.”
Full article here.
Removing uncertainty certainly. That’s a Good Thing™ for Apple and the company’s shareholders.
[Thanks to MacDailyNews Reader “webmasters apprentice” for the heads up.]
Related article:
Vermont man says Apple stole design for iTunes – June 14, 2006
MDN, that’s it? weak take…
If he actually held a patent that Apple violated it would have been more than a 15 hour negotiating session. He would have had very good legal standing to make his case. I think he had nothing but a dream of getting a lot of $$$ from a big company with deep pockets.
Just my opinion…
gman – Maybe MDN’s tired of getting called out by certain forum members for their sensationalistic takes, and (since the details of what really happened here are unknown) decided to have some quiet time, and save their energies for the next headline which just happens to mention Al Gore.
So iTunes has a simular music menu structure as the iPod. Creative says the iPod menu is their idea (patent) and this guy says iTunes is his idea. Am I seeing this wrong or what?
“MDN, that’s it? weak take…”
gman, I’d say your take is pretty weak.
Anyway, this guy (Contois)is a bottom feeder, and
he has been eradicated. He peddles keyboards,
and judging by the “about us” section of his
website, he is pompous and self-important.
see link: http://www.contoismusic.com/
He bonked his head on the toilet after a
long night of drinking and had a thought,
“music software, mmmmmmm”. He was just going
for a buck. You didn’t see him trying to
sue MusicMatch jukebox did you?
(MDN – I kid, I kid. Your takes are the reason why we come here. Well, that and to read Sputnik.)
Mac4Life – Your post made me literally LOL. Creative’s lawyers may be en route to Vermont as we speak…
>this guy (Contois)is a bottom feeder, >
Well he just sucked up some loot.
Most likely the settlement is he goes away and they don’t sue for expenses!!!
I wonder how much David Contois paid Apple for the nuisance lawsuit?
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If he actually held a patent that Apple violated it would have been more than a 15 hour negotiating session. He would have had very good legal standing to make his case. I think he had nothing but a dream of getting a lot of $$$ from a big company with deep pockets.
Just my opinion…
Exactly. iTunes is the work product derived from the acquisition, by Apple, of SoundJam.
SoundJam held patents for their products/designs. I think 15 hours is how long it took for Mr. Contois and his lawyers to realize they had taken on the wrong company, with the wrong issue.
Apple put on the table, half of what it would cost to defend themselves. Contois took the check and the rest is history.
That is one UGLY site.
I live in the town next to Contois Music store and was very interested to read as much as possible when this lawsuit originally was filed.
The Contois music store sign is a characture of the Mac IIvx or ci attached to a yamaha keyboard… looks kinda cute. (he’ll probably have to remove that as part of the settlement terms).
Anyway, the complaint Contois filed was very well laid out, naming names, places, key players, date that the exchange of idea/data took place and a few other bits of info that (IMHO) clearly made this case one of merit.
To sum up the case: The guys who worked for SoundJam met Contois at a NAB convention (or the like), got a full presentation/demonstration of his patented software and walked away with a demo disk. Shortly thereaftert these 2 guys end up hired by Apple with the buyout of SoundJam.
Remember, patent infringement covers parts of the patent too, not just the whole enchillada. If these guys picked out what they needed (can you say sourcecode) the case probably had merit.
webmasters apprentice,
Thank you for a decent explanation sorely lacking by the “bottom feeders” and “pompous and self-important” folks. I hope those of you railing against Mr. Contois never get trampled by big business when you have a killer idea but happen to work for the wrong company or lack the proper contacts to get your idea in front of the right people and polished to perfection.
Anybody watch “American Inventor”? How many neat ideas were there that needed some funding or guidance? Should those folks have their idea stripped from them so the deep pockets can make more money?
So what if it took 15 hours of negotiations. Perhaps Apples lawyers were just trying to be intimidating and the Contois camp kept fighting back?
If Mr. Contois were indeed in the right, I hope he was compensated properly.