Originally published February 8 2006
Apple files lawsuit against Burst.com to protect its content
by Mike Adams, the Health Ranger, NaturalNews Editor
Apple wants a declaratory judgment that its products do not infringe on patents held by Burst.com. Burst.com settled a similar dispute with Microsoft last year for $60 million, giving Microsoft license to Burst's audio and video distribution technology.
With Apple set to introduce new media distribution technology at next week's Macworld Conference, the company on Wednesday filed a lawsuit in U.S. District Court in San Francisco against Burst.com Inc. to protect its burgeoning digital content delivery and iPod empire.
To Richard Lang, co-founder, chairman, and CEO of Burst.com, Apple's rejection of his company's claims represents something of a double standard.
"Big companies love patents as long as they're not owned by someone else," he observes.
Apple is seeking a declaratory judgment from the court that its products do not infringe upon patents held by Burst.com.
Apple declines to specify which products are the focus of the dispute.
Burst.com says it has been pursuing licensing for Apple's QuickTime, iPod, and iTunes products, including Apple's iTunes Music Store.
Last year, Burst.com settled a similar dispute with Microsoft.
In exchange for $60 million, Microsoft received a license to Burst's audio and video distribution technology.
Burst has approached other companies, including Apple, about the use of its intellectual property.
He suggests the timing of Apple's suit indicates that Burst's claims may have some impact on the products Apple plans to announce at Macworld.
Apple news site ThinkSecret.com reported last month that Apple plans to introduce a new content distribution system to stream audio and video content through Apple's .Mac Internet service to subscribers' computers.
Apple's court filing says that Burst approached Apple in late 2004 and notified Apple in 2005 that it was infringing on Burst.com's patents.
The complaint notes that Burst.com's claim "has created in Apple a reasonable apprehension that [Burst.com] will initiate a patent infringement suit" and that unless the court declares Burst's claim's invalid, it believes Burst.com will continue to "wrongly assert" its rights and thereby cause Apple "irreparable injury and damage."
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