Comments on: Apple enters legal battle with Burst.com

After negotiations break down, Mac maker asks court to determine Burst's patent infringement claims are invalid.

[jjesusfreak01]

Looks like they may have a case

Well, it seems the main patents for this stuff were filed in 98 or earlier, and I believe that this was considerably before this type of thing started being implemented into video on the web. MS recognized this, and I think Apple may have to fess up and pay. I really am not a fan of software patents, but this company does hold the patents, and it is a pretty innovative product.

[Peter Bonte]

Are you joking?

As far as i can find this patent is about downloading content
faster than actually viewing it so it can be stored on the HD. Like
an MP3 file thats downloading faster than one can listen in
realtime.

http://www.salon.com/tech/feature/2002/10/30/
microsoft_media_two/print.html

[pmadden]

Burst.com

Burst.com's (formerly Instant Video Technology) patents
were filed and granted as far back as 1988, QT didn't
appear until 1991.

[ITrogue]

Patents must have a product

If their idea was only on paper i believe they don't have a case. Don't quote me, but i'm pretty sure you can't patent a theory. In 1998 an iPod video was theory.

how can they have it over Quicktime?

Quicktime is one of the older Mac software's. If there was
infringement, they are wayyyyy to late in reporting it to win that
part of the battle as for everything else them might have a case.

[sanenazok]

there's really no hurry

as long as apple keeps putting out software that infringes the patents, you can sue whenever, in most situations.

[zaznet]

Indeed...

The problem is that pattents have been (and continue to be) awarded based on ideas or technology that has existed for years already. The only way for it to remain valid is if the patent was filed for before the infringing product existed. That is not the case in most of these suites.

It's not so much a matter of a statute of limitations as it is which came first.

[lrd123]

Another Loser Trying to Get a Piece of the iPOD

Burst should just look at Apple's track record regarding these types of law suits and realize that free meals don't come easy.

[tanis143]

Patent infringement? Prove it

Ok, here is my view on patents for software. It should only be for the code itself, not how the code works. The key to inovative software is to refine how software works, not create new ideas. Linux shows this perfectly, and nowdays even MS is starting to look at open source.

However, we shall see what the court decides. Remember, this is America, where the more expensive your lawyer is, the better chance you will come out ok in the court.

[Ken Cunningham]

This patent is ludicrous

This BURST patent essentially states that the company has invented
the tools to digitize an analog signal, transmit it to another place
digitally in any way, and then play it back.

So many of these software patents are completely full of nonsense,
but this takes the cake. This company has invented nothing.