Company patents playlists, sues everyone

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Via ArsTechnica

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A company called Premier International Associates has filed suit against a slew of tech companies over infringement on two of the company's patents. Microsoft, Verizon, AT&T, Sprint, Dell, Lenovo, Toshiba, Viacom, Real, Napster, Samsung, LG, Motorola, Nokia, and Sandisk are named in one of the two suits filed this week, while Hewlett-Packard, Acer, Gateway, and Yahoo are named in another. All of the above companies are accused of violating Premier's patents for an electronic "List building system""”the older of which was applied for in 1997 and issued in 2001.

The patents describe what essentially comes down to a playlist. "A plurality of works can be collected together in a list for purposes of establishing a play or a presentation sequence. The list can be visually displayed and edited," reads the "725" patent. Both of them describe ways to graphically display an arrangement of songs from CDs or any manner of media that can then be played back sequentially or out-of-order.

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This one could sting. I seem to remember Sony (and to a lesser degree Microsoft) getting pwned pretty harshly in a similar thing involving those vibro-controllers.

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I still dont believe in being able to patent an idea that you still have not come up with the technology to do..its bs

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So they essentially patented lists? For being that stupid they should be shot in the balls, but maybe I've been playing too much Stranglehold.

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What if their chicks? Do you shoot their boobies?

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Not sure why the company is at fault for trying to patent something - someone had to have approved it.

edit: Which is not to say the company is not at fault for asshattery. I was just stating that we have a messed up patent system.

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There's prior art. Winamp was using playlists in, like, 1994.

Edit: hmm, 1996. They might be able to squeak it in; if they patented less than a year after prior art, then the prior art gets a pass, but not everyone. Still checking further.

Hmm, well, a cursory check shows that Winplay3 from 1994 does not seem to have playlists. MAPlay was also released then for Unix, but I can't quickly find a version that old. So I can't prove that there's prior art, but I think there must be.

I also don't think this patent will pass the new Supreme Court 'obviousness' rule; if you can play one file already, what could possibly be more obvious than doing more of the same thing? Obviously you'd want to play more than one track, and, gee, that's what a playlist is. And playlists themselves have been around since forever; putting a playlist on a computer would also seem remarkably obvious.

I don't think it's anything to worry about.

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patents are for inventions... not ideas that you have and haven't done anything about

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Sleazy stuff:

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The lawsuits make a bit of a stretch in the cases of Dell, Lenovo, Toshiba, HP, Acer, and Gateway"”the companies are accused of making computers that are capable of running Windows XP or Windows Vista, which then are capable of running Microsoft's Windows Media Player, which Premier says infringes on its patents. But Premier, what about the manufacturing plants that assemble the machines that are capable of running Windows that can run WMP that infringes on the patents?

...U.S. government sued for building roads, which cars with built-in mp3 players (with playlists) drive on.

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They should be suing each and every one of us for daring to use a product that supports playlists.

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Is it me or this seem retarded?

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The mod player I had on my Amiga in 1992 had a customizable playlist.

Game over.

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I'll go one further. The SID player on my C64 had a playlist.

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Nei wrote:
Is it me or this seem retarded?

Its not just you.

The whole IPR system is pretty messed up, I think.

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Sounds like one of those "Hey we can't make any money off an idea that was painfully obvious, what shall we do? I know, sue everybody!"

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To call this retarded insults the truly retarded.

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Apple is conspicuously absent in that listing, which is strange since iTunes itself can use playlists pretty heavily. It just strikes me as strange that they didn't include one of the biggest MP3 players in their suit.

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dhaelis wrote:
Apple is conspicuously absent in that listing, which is strange since iTunes itself can use playlists pretty heavily. It just strikes me as strange that they didn't include one of the biggest MP3 players in their suit.

They got to Apple already back in 2005 according to the full article:

Quote:
Predictably, Premier appears to have no tangible company history other than patent infringement lawsuits and does not produce any sort of product that competes with any of the companies listed. The company also sued Apple in 2005 over the same two patents, which Premier says have been incorporated into Apple's implementation of iTunes and the iPod. Incidentally, Premier filed a motion for dismissal in its case against Apple today, saying that all issues have been resolved and that "the matter has settled in its entirety and all necessary costs and expenses have been paid."

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These guys are gonna get smoked on prior art.

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That new patent reform can't come through soon enough.

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PyromanFO wrote:
That new patent reform can't come through soon enough.

The patent review board? It's out there and has been for a while. PJ over at Groklaw has been covering it and pushing folks to get out there and list prior art. The problem with this is that it happened well before the prior art review.

However, having thought on it some more prior art isn't where these guys are going to blow their leg off at the knee; it's non-enforcement.

Coldstream wrote:

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scrub wrote:
To call this retarded insults the truly retarded.

I agree. I think this might even trump the DC judge suing the dry cleaners for ~$65mil for losing his pants.

The sad part is, this patent actually partially violates another earlier patent (GB2357002 - 4Oct2000). While these people may able to sue companies for the implementation of a playlist, they were actually beaten out by another company when it comes to actually displaying it to the user.

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Oh, and Drunken Sleipnir said:

Quote:
Not sure why the company is at fault for trying to patent something - someone had to have approved it.

If you wrap something in enough obfuscatory language, the Patent Office employees tend to just approve it. Some guy literally got a patent on swinging from side to side on a swingset, instead of front to back. Seriously.

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The US patent system needs to be drug out in the street and shot.

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Parallax Abstraction wrote:
The US patent system needs to be dragged out into the street and shot.

/Wordsmythe

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CD player in Windows 95 had playlists.

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I suspect that they are not really looking to win. Instead, they are hoping that at least a few of the companies will decide the fight is not worth it and will settle.

The 'company' is peculiar. Its actually a 'meta-company' of accounting firms from various countries. I am curious as to what each country offers the company, as it looks suspiciously as though they were hand-picked for some reason.

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Duoae wrote:
Parallax Abstraction wrote:
The US patent system needs to be dragged out into the street and shot.

/Wordsmythe

I agree with the sentiment, PA; however if you can't say something well, then perhaps you belong in the public game servers.

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It was intended as a joke (it's the way Garfield says it so I thought it was funny.) Get it now?

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Parallax Abstraction wrote:
It was intended as a joke (it's the way Garfield says it so I thought it was funny.) Get it now?

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AnimeJ wrote:
PyromanFO wrote:
That new patent reform can't come through soon enough.

The patent review board? It's out there and has been for a while. PJ over at Groklaw has been covering it and pushing folks to get out there and list prior art. The problem with this is that it happened well before the prior art review.

The USPTO already performs a review. I don't think an additional "review board" will solve anything. Soon enough, that board will become overwhelmed. Then the level of review of each patent will degrade.

absurddoctor wrote:
I suspect that they are not really looking to win. Instead, they are hoping that at least a few of the companies will decide the fight is not worth it and will settle.

The 'company' is peculiar. Its actually a 'meta-company' of accounting firms from various countries. I am curious as to what each country offers the company, as it looks suspiciously as though they were hand-picked for some reason.

This is what is referred to lovingly as a patent troll company. It has no real business. Otherwise, a defending company could countersue for violation of its own patents. This company exists solely to gather royalties.

PurEvil wrote:
The sad part is, this patent actually partially violates another earlier patent (GB2357002 - 4Oct2000). While these people may able to sue companies for the implementation of a playlist, they were actually beaten out by another company when it comes to actually displaying it to the user.

Patents don't "violate" each other. But a subsequent patent not not be truly "novel" if an earlier patent covers the same thing. One device can violate multiple patents.

Ferret wrote:
dhaelis wrote:
Apple is conspicuously absent in that listing, which is strange since iTunes itself can use playlists pretty heavily. It just strikes me as strange that they didn't include one of the biggest MP3 players in their suit.

They got to Apple already back in 2005 according to the full article:

Quote:
Predictably, Premier appears to have no tangible company history other than patent infringement lawsuits and does not produce any sort of product that competes with any of the companies listed. The company also sued Apple in 2005 over the same two patents, which Premier says have been incorporated into Apple's implementation of iTunes and the iPod. Incidentally, Premier filed a motion for dismissal in its case against Apple today, saying that all issues have been resolved and that "the matter has settled in its entirety and all necessary costs and expenses have been paid."

This is a common tactic. Get an early settlement to fund your litigation costs, then sue the rest of the industry.

jagbrave wrote:
patents are for inventions... not ideas that you have and haven't done anything about

A patent is just what you get after filing your invention with the patent office in your jurisdiction. You don't have to actually implement anything in your patent in order to have it issue.

Parallax Abstraction wrote:
The US patent system needs to be drug out in the street and shot.

IMHO, the issue here is that in the late 90's federal courts suddenly enabled patents on "business methods". That suddenly enabled patents on things like software. Since then, it's been something of a land rush while USPTO agents, typically folks schooled in "old school" inventions on things like hardware have had difficulty policing this. Both because of the volume of filings and because of unfamiliarity with software concepts.

But, in the end, the US patent system is based on an adversarial system, just as with other parts of the US justice system. A patent can be challenged, even after it has been filed. The USPTO acts as a filter to tried to weed out the truly bad ones. The close calls end up being decided in court, not by a USPTO agent, and I doubt any review board could substitute for that.

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