Our
View
We took a look at the Contois
Exhibit at AppleInsider [appleinsider.com], and it looks like
Contois really doctored the iTunes exhibit. They've thrown
exclusive parts of iTunes together to make iTunes look much
more similar to their conception than it actually is. The
exhibit shows iTunes with the left panel that you see when
you are browsing the library (if you choose to display album
artwork), but they have replaced the right side with the split
panel display that you only see when you use the "Browse
Music" link in the iTunes music store (except that the
browser toolbar has gone missing).
In other words,
a key exhibit in their suit is a deliberate falsification.
We can't imagine
any judge looking favorably on this. IANAL, but I'd bet that
if their suit doesn't get quickly thrown out, they will be strongly
reprimanded and will have to file an amended suit.
Everyone everywhere seems to be assuming that this patent suit
is being brought because of the iTunes/iPod combo. Instead,
I believe it is because of the relatively recent Airport Express
release. Airport Express is controlled directly by the iTunes
software, unlike the iPod. If you look at the patent with this
in mind, it suddenly starts looking like a valid patent infringement.
Some of the
other sites seemed to indicate the patent holder notified Apple
of infringement in 2004, which would have been the same year
that the Airport Express was released.
Perhaps this
isn't such a bogus patent suit after all.
