Laying claim to the iPod's guts

Just as Apple Computer is preparing to unveil its next big thing in music, the company appears to be facing a possible threat--from, of all things, a couple of patents.

First, Apple lost a patent application on some iPod features last month because a Microsoft developer had already filed similar claims. Then Creative Technology announced this week that it had been granted a patent for the user interface deployed in its portable music players. The interface is also used in other players, Creative said, including one you may have heard of--Apple's iPod.

Creative declined to say whether it would attempt to seek royalties for its patent. Some commentators speculated that the entire announcement was merely a pretense to get attention for the company's line of MP3 players. Creative recently posted a net loss for its fourth quarter, although it said it hoped to break even in the first fiscal quarter.

But whatever Creative's motives, they could be a legal distraction for Apple. While the company clearly rules the market for MP3 players and dominates the public's vision of the players, it has not been quite so successful at the patent office.

Blog community response:

"I've been talking about this for years: Bravo to Creative for getting that patent. So many people believe that Apple 'invented' this UI, when in fact that's not the case at all."
--Paul Thurrott's Internet Nexus

"What's interesting about Creative's announcement is that it almost has a belligerent tone towards the iPod product line (can you blame them?). If I didn't know better, it would appear that Creative is directing a veiled threat to Apple."
--Peter Zura's Two-Seventy-One Patent Blog

"Oh well, credits to them for coming up with that. Can't say the same for any of their digital music players that Creative created."
--iheartapple.org

"I am not writing this to say 'ha ha,' but rather to point out the ridiculousness of this cliche argument as well as the absurdity of the U.S. patent system. The fact is that when an MP3 player manufacturer has a good idea and it is working very well, then why not implement that feature and/or improve upon it. Who cares who copied whom? In the end, the winner is the company who can bring together the best and most innovative features, so that in turn the consumer is the ultimate winner."
--Anything But iPod

"So what exactly is patentable here? You would think someone down there would realize that this kills any new innovation in that market. Take Joe Schmo with his small technology company who has a great idea for a new player but is afraid to launch it because of legal loopholes. This is why software patents are retarded."
--AllBanter.Net

"Where does this leave Apple? Unable to unleash a world of legal hurt on competitors who incorporate the interface into their own digital music players, for one thing. It is also possible that Creative may try to put the squeeze on Apple by enforcing the patent and requiring Apple to license it. Either way, this destroys any hope Apple had to lock up the iPod's popular user interface."
--Arstechnica