Apple sued over iPhone locking, DRM patent violations

[David Farber <dave () farber net>]

Begin forwarded message:

From: "RJR PIA" <RJR () PIAUSA org>
Date: October 9, 2007 7:44:59 AM EDT
To: <dave () farber net>
Subject: Apple sued over iPhone locking, DRM patent violations

Dave, for IP if you wish.

See the article I have appended after my comments.  Finally other  
people are starting to understand that Apple is cut from the same  
cloth as Microsoft.  Both are in my opinion school yard bullies who  
think they can do what they want and take what they want.

In fact, there is a trade association of these bullies going by the  
name of Coalition for Patent Fairness - - - & PIRACY.  Apple is a  
card carrying member.  This coalition has about a hundred like minded  
companies as members.  Most never invented anything of significance,  
and those members who did start as inventors have long been like  
their parasitic Coalition partners.

Apple is one of the big proponents of class warfare they have  
misleadingly called patent reform.  They have done a good job of  
painting upstart startups as trolls.  We have reason to believe that  
the troll PR campaign was funded with over ten million dollars.  That  
is chump change if it facilitates theft of billions.

Bullies start by picking on the easiest marks, and as their egos grow  
they become more arrogant.  Finally Apple's customers are seeing the  
real Apple.

I believe that Apple has stepped over the line, and that anti-trust  
action is appropriate.  Apple is in my opinion illegally restraining  
trade.  In addition to civil lawsuits I hope that the government  
addresses restraint of trade issues.

Now we all know that Apple will be using all of their influence to  
try and dodge that bullet.  And we know that some of our legislators  
are the best that money can buy.  It is important to have enough  
people leaning on their legislators to ensure that justice is not  
perverted by Apple and for that matter the rest of their Piracy  
Coalition members.

Ronald J. Riley,
President - www.PIAUSA.org - RJR at PIAUSA.org
Washington, DC
Direct (202) 318-1595 - 9 am to 9 pm EST.






http://www.appleinsider.com/articles/07/10/08/ 
apple_sued_over_iphone_locking_drm_patent_violations.html
Apple sued over iPhone locking, DRM patent violations

By Katie Marsal

Published: 02:10 PM EST
Apple has been hit with two new lawsuits: one which charges the  
iPhone maker with antitrust violations for permanently disabling  
unlocked versions of its touch-screen handset, and another that  
accuses the company -- along with several other tech giants and adult  
media publishers -- with violating a DRM-related patent.

Suit over bricked iPhones

On Friday, California resident Timothy Smith filed a class-action  
lawsuit against Apple, alleging that the company is violating the  
state's Cartwright Act by prohibiting iPhone consumers from using and  
purchasing cell phone service other than through AT&T.

Filed on behalf of Smith by Damian Fernandez, the attorney who's been  
seeking plaintiffs for a class-action case against Apple over iPhone  
bricking, the suit claims that cell phone unlocking is completely  
legal and cites traditional copyright law as well as the more recent  
Digital Millennium Copyright Act.

The formal complaint, which does not yet seek monetary damages, asks  
the court to issue an injunction that would prevent Apple from  
selling the iPhone with any software lock. It also asks that Apple be  
enjoined from denying warranty service to users of unlocked iPhones  
and from requiring iPhone users to get their phone service through AT&T.

Suit over DRM patent violations

Meanwhile, AppleInsider has learned that Apple on Friday was also  
named in new patent infringement suit along with digital media  
heavyweights Microsoft, Blockbuster, Sony, and Macrovision, as well  
as adult content providers Playboy and Hustler.

The 11-page complaint, filed in the patent litigation-friendly  
district of Tyler, Texas, charges each of the firms with violating  
U.S. patent #6389541 for "Regulating Access to Digital Content,"  
which was issued to Digital Reg of Texas, LLC in May of 2002.

"Upon information and belief, Apple has infringed and continues to  
infringe the [...] patent by making, using, providing, offering to  
sell, and selling (directly or through intermediaries), in this  
district and elsewhere in the United States, digital content  
incorporating DRM technology," the suit claims. "Apple provides such  
content through its iTunes Music Store and its iTunes Wi-Fi Music  
Store. Apple further provides controlled access and play out of  
digital content incorporating DRM technology through its iTunes  
Player. Apple also provides controlled access of digital content  
through its FairPlay Platform."

Digital Reg is seeking damages as a result of each defendant’s  
infringement, a permanent injunction barring the companies from  
further infringement, attorney's fees, and an award of enhanced  
damages "up to and including trebling" those deemed suitable by the  
Court as a result of each company's "willful and deliberate" actions.

Digital Reg is requesting a trial by jury.

[ 37 Comments ]

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