LASP

Apples and Blackberries - a patent fruit salad

Looks like after blackberries, it's the apples' turn to turn sour. That's right Creative looks to be on a war path to sue Apple with regard to its iPod in the US for infringement of a software patent that Creative successfully obtained earlier this year for its media player. The patent in question is a software patent for it relates to the user interface on Creative's media player and more specifically the music navigation system. This is an example of patenting functionality so that no other company can use the same functionality (regardless of how implemented). The iPod's system may be written in a completely different language and not share the same code, but with the software patent in the US that Creative has obtained, Apple could be prevented from using the same functionality or be required to be pay licence fees to Creative.

Without software patents, the iPod which so many have come to love would not be troubled and Creative would be required to compete in an open market with Apple, with the best overall product winning the battle. At present, without the prospect of a software patent litigation, the iPod is said to be streets ahead in terms of market share. Patents are meant to be granted to foster innovation - this is just another example of how, when it comes to software patents, this is not what they achieve. Creative's patent is not about innovation. It is being used as a weapon to damage their market rivals over a basic and non-tangible user interface which allows you to chose your music. Ultimately, this kind of battle will only help Creative, not us, consumers. We may find that next Christmas, the iPod may cause a greater dent in our wallets!

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Getting back to blackberries, the Research in Motion (makers of the Blackberry handheld) vs NTP (owners of software patents) saga continues to be a wonderful case study on the uncertainty and commercial damage caused by software patents. Gartner, the leading business intelligence company, is advising that companies (in the US) should delay any business critical deployment of Blackberry reliant applications until the patent battle is over....

For more on this story see here

Quote of the Day

"Globalisation will force us either to sink or swim. If comparisons with the US are not enough

to galvanise the EU into action, then the ever fiercer competition from the large Asian

economies should issue a wake up call."

Viviane Reading - "Taking-Up ICT in Europe", 30 November 2005 (see here)