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Apple faces Time Machine lawsuit

updated 09:35 am EDT, Fri March 21, 2008

Apple Time Machine lawsuit

Apple is now facing its first lawsuit involving Time Machine, court filings show. The Texan company Mirror Worlds has accused Apple of infringing on four patents: three of these relate directly to a "document stream operating system," while the fourth covers an attached information management system. The document streams depicted group many different file types together, arranged chronologically and in piles; this most closely resembles the Time Machine backup software in Mac OS X Leopard, but may also cover the sorting system on iPods and iPhones, for chronological items like podcasts.

Mirror Worlds elaborates on its complaint by suggesting that Apple knew of the patents as far back as 2001, although this predates the development of either podcasts or Time Machine by several years. It may be that as in ZapMedia's combination iPod/iTunes lawsuit, Mirror Worlds brought the patents to Apple for licensing, and now believes they were later copied despite being formally rejected. The former company is asking for an injunction as well as damages.

by MacNN Staff

(24)

TAGS :

iPod, iPhone, Time Machine, lawsuits, Apple

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sixcolors
Fresh-Faced Recruit

Joined: Oct 2001

0

03/21, 09:38am | report spam | close Reply |
how dare Apple

How dare Apple Sort things in chronological order!

guzzi
Fresh-Faced Recruit

Joined: Jun 2006

0

03/21, 10:02am | report spam | close Reply |
what a country!

Lawyers, Lawyers everywhere! How can I get in on this?

dliup
Fresh-Faced Recruit

Joined: Jan 2006

0

03/21, 10:23am | report spam | close Reply |
Counter Sue

Apple, please Count-Sue to invalidate obvious patents!

Roehlstation
Fresh-Faced Recruit

Joined: Aug 2001

0

03/21, 10:57am | report spam | close Reply |
Software patents

I don't understand how you can patent software, software is nothing more than written language, I can understand copyrighting it, because you actually have to produce it.

Guest
Fresh-Faced Recruit

Joined: Nov 1999

0

03/21, 11:15am | report spam | close Reply |
software patents

I don't understand how you can patent software, that basically replicates a method for doing something that man has done for centuries outside the digital realm. For example: filing paper chronologically. We all have filing cabinets full of bills filed alphabetically then chronologically and have been doing that well before computers, isn't that prior art? I can't believe the US patent office gives patents for such blatantly obvious things.

MeandmyMac
Fresh-Faced Recruit

Joined: Feb 2008

0

03/21, 11:18am | report spam | close Reply |
Steve Ballmer says...

Developers!, Developers!, Developers!, Developers!

While Steve Jobs says...

Lawyers!, Lawyers!, Lawyers!, Lawyers!

If either man HAD any hair, I think it would have been pulled out by now!

Deal
Mac Enthusiast

Joined: Apr 2001

0

03/21, 11:30am | report spam | close Reply |
Apple's Stance

Apple clearly rejected it, so they know that they can beat it.

All they really need is some prior art and Apple doesn't have to look too far for that—just take a look back to HyperCard. It stacks data, one card on top of another in any order you choose, including chronological.

Stupid lawsuit, stupid patent.

legacyb4
Mac Elite

Joined: May 2001

0

03/21, 11:47am | report spam | close Reply |
May as well

take all the other backup software companies to court as well since any package that allows for file revisions does the same thing.

Kainzow
Fresh-Faced Recruit

Joined: May 2007

0

03/21, 12:34pm | report spam | close Reply |
You reap what you sow

Apple does the very same thing all the time - usually bullying small, complementary companies. And they don't always win either.

Sadly, these corporate egomaniacs have yet to realize that the ONLY parties who benefit are the lawyers.

This sums it up nicely: http://www.geekculture.com/joyoftech/joyarchives/871.html

dwoodruff
Fresh-Faced Recruit

Joined: Jul 2006

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03/21, 01:04pm | report spam | close Reply |
Haven't they heard?

I own the patent on discovering previous patents and copyrights and filing said complaints before a system of arbitration or judgement.

I'm gonna use my patent on all of them.

Feathers
Grizzled Veteran

Joined: Oct 1999

0

03/21, 01:33pm | report spam | close Reply |
hmmm...texas!!!

What else has Texas given us? er...let me think.....

manleycreative
Fresh-Faced Recruit

Joined: Sep 2005

0

03/21, 01:53pm | report spam | close Reply |
so...

...they are suing because they have a few documents that show something compared to an actual product?

Yeah, Apple snuck into this third world software company to steal it's monumental ideas.

dslund
Fresh-Faced Recruit

Joined: Nov 2007

0

03/21, 02:57pm | report spam | close Reply |
Oh no!

These comments are in chronological order! :)

MacnnChester
Fresh-Faced Recruit

Joined: Jun 2007

0

03/21, 03:12pm | report spam | close Reply |
It's called due process

For those who are juvenile enough to simply blame lawyers ... I do plenty myself, I think you need to hyper down and take an adult view.

The rule of law is what makes democracy and capitalism in America, more just than in places like India or other countries. We aren't better or smarter than they are, we just have laws and hard fought rights. One of which is to be able to sue. It is messy and it is inefficient (it creates this whole legal class of middlemen), but it can be fair and it is necessary.

Wisdom is how we keep from going overboard on the right to sue. If society ends up generating so many lawsuits, it isn't necessarily the lawyers fault, it is that society has not valued wisdom enough.

CEO's and egomaniac lawyers have put the adolescent values of greed and power above the community values of hard work and shared responsibility. That is what we should lament and try to change, not type out bumper sticker slogans on a forum.

But go ahead and have fun ... until some corporation actually screws with you and you actually need a lawyer. BTW, let your elected representative know that the laws that limit the ability of persons to sue a corporation or go bankrupt need to be overturned. We know have a legal system in which it is easier and more common for corporations (like this guy at eMusic) to sue other corps, but not for individuals to do so. This is the upside-down logic of reptile-brained neo-conservatives and it should be discussed out in the open.

cheers

Rance
Fresh-Faced Recruit

Joined: Apr 2002

0

03/21, 03:25pm | report spam | close Reply |
I'm going to...

...patent a device that allows you to stab lawyers in the face over the internet.

Roehlstation
Fresh-Faced Recruit

Joined: Aug 2001

0

03/21, 03:38pm | report spam | close Reply |
Think about it....

Patenting software is like patenting a dog trick.

Monde
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Joined: Jan 2004

0

03/21, 04:11pm | report spam | close Reply |
kainzow wakeup!

First off, you're describing, in incredible accuracy, the business model that has been Microsoft since hitting it big.

If you kept up on these sorts of things, you'd notice that almost all of these lawsuits are coming out of Texas. Did you ever think to ask, "Why?"

Basically, these so-called tech companies file speculative patents for systems and methods in the hope that, in the future, they'll be able to launch a lawsuit and get money from a settlement. If you look further, they almost never take a company down as they have no intention of creating a product of their own, but rather continue to feed at the lawsuit trough.

No one should ever side with bottom feeders like this. They produce nothing, create nothing and only serve to drive up the cost for consumers. Almost every major company in the USA has had to deal with these scum.

Your comparison is not apt (though funny) as Apple does make a product and ergo must protect it's intellectual copyright. From time-to-time, Apple's Lawyers do push the envelope, but that is what lawyers do. By comparison, the patents of whizbang productions, zap inc, only exist to generate lawsuits and pass the savings on to consumers. This latest company could as well be called "bogus lawsuits R us Inc."

If any company had a karmic debt to pay, it would be the s****-ups at MS. Rather than linking to a comic, you should have linked to this: http://www.vcnet.com/bms/departments/catalog/catalog.shtml which provides a list of almost all MS's takeovers. If you can make sense of it, ou'll see its all about making an monopoly.

testudo
Fresh-Faced Recruit

Joined: Aug 2001

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03/21, 04:26pm | report spam | close Reply |
Re: kainzow wakeyp

If you kept up on these sorts of things, you'd notice that almost all of these lawsuits are coming out of Texas. Did you ever think to ask, "Why?"

Well, the least you could've done is answered why.

chucker
Fresh-Faced Recruit

Joined: Mar 2007

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03/21, 05:13pm | report spam | close Reply |
texas

it's because all of my exes are there,

and they're to blame...

manleycreative
Fresh-Faced Recruit

Joined: Sep 2005

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03/21, 05:21pm | report spam | close Reply |
bull hocky

Due process my a**. The point is these companies are piddling around with technological may bes that they will probably never actually develop and they are choosing to do it after Apple, a company that many are tempted to take a little bite off of, has developed a viable product and moved technology ahead. Where would we be if we had to honor all these hack companies? We'd still be in the techno dark ages waiting for them to do something. The laws need changing and that's it! Put a restriction on these lawsuits that says an actual product trumps a wet dream.

Kainzow
Fresh-Faced Recruit

Joined: May 2007

0

03/21, 08:04pm | report spam | close Reply |
objectivity

Imagine that you patented something and are in the process of seeking funding and/or a buyer/licensee for your idea.

You hit the road and present your idea to several parties following standard practices - NDA, etc.

Months, or even years later, one of those parties begins producing a product that uses your idea - without your permission (it can take several years for an individual or startup to produce a product).

I don't have a problem with anyone seeking to protect what is rightfully theirs. (IP owners don't want to "take down" companies Monde, they just want to be paid a fair price for their property).

I think what rational people find appalling is when a goliath simply takes what they want because they know the idea man has shallow pockets and can be outlasted.

It's common knowledge that both Apple and Microsoft have nicked IP on several occasions, and both deserve to be reprimanded when appropriate.

The main point of my last post was that doing the right thing (negotiating with the rightful owner of the IP in question) would save mountains of time and money - which you and I actually fund.

Guest
Fresh-Faced Recruit

Joined: Nov 1999

0

03/21, 08:08pm | report spam | close Reply |
You've

GOT to be f*cking kidding me.

Monde
Fresh-Faced Recruit

Joined: Jan 2004

0

03/22, 03:05am | report spam | close Reply |
still out to lunch

Objectivity or density? kainzow, I'm guessing density as your last post is very nearly indecipherable as it relates to the topic of this post.

Whilst I thought the reason for all these copyright suits in TX was well known, I didn't take into account that you may not keep up on such info.

From the NY Times(as per Mr. "turtle formations" request):

What’s behind the rush to file patent lawsuits here? A combination of quick trials and plaintiff-friendly juries, many lawyers say. Patent cases are heard faster in Marshall than in many other courts. And while only a small number of cases make it to trial — roughly 5 percent — patent holders win 78 percent of the time, compared with an average of 59 percent nationwide, according to LegalMetric, a company that tracks patent litigation.

This does not speak to the legitimacy of any given suit, however, a entire cottage industry of patent creating, successful company suing shell corporations have sprung up there. There is very little to loose for these companies and much to gain.

I'm for protecting intellectual property rights as much or more so than the next guy, but this kind obvious patent fishing expedition is not at all about any mythical little guy or company trying to earnestly raise funds to get their product out there. It is about greedy attorneys exploiting an aspect of the patent law to line their own pockets. As mentioned before, the savings is passed on to the consumer. You'd be shocked to know how much these schiesters have cost every consumer over the years-you included.

Prediction: Apple settles an/or the case is dismissed out of hand. Cost will range upwards from 3 million dollars, but will fall very short of Apple's financial pain threshold, say, 15 million dollars.

If you cannot see this, then you're just dense or delusional. Pick whichever suites you.

sambira
Fresh-Faced Recruit

Joined: Oct 2001

0

03/25, 01:02am | report spam | close Reply |
Re: Kainzow's Objectivity

Well, if these guys were doing that, they should be able to produce the NDA. If they did not get an NDA, that is their bad. Now -a-days anyone plugging an idea (even a patented one) should know this and be able to produce the document.

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Apple faces Time Machine lawsuit

updated 09:35 am EDT, Fri March 21, 2008

Apple Time Machine lawsuit

how dare Apple

what a country!

Counter Sue

Software patents

software patents

Steve Ballmer says...

Apple's Stance

May as well

You reap what you sow

Haven't they heard?

hmmm...texas!!!

so...

Oh no!

It's called due process

I'm going to...

Think about it....

kainzow wakeup!

Re: kainzow wakeyp

texas

bull hocky

objectivity

You've

still out to lunch

Re: Kainzow's Objectivity

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Apple faces Time Machine lawsuit

updated 09:35 am EDT, Fri March 21, 2008

Apple Time Machine lawsuit

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how dare Apple

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Haven't they heard?

hmmm...texas!!!

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kainzow wakeup!

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texas

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