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It seems as though everyone wants a piece of the Apple these days. Apple's latest legal battle, brought on by the brothers at Contois  Music and Technology, Dan and Dave Contois are suing Apple because they claim they had created a "computer control system and user interface for media playing devices" in 1995 - 1996. They also claim (which you can't really prove as being true, but it is possible) that at two expo's, programers from Apple "caught a glimpse of the system" and used it to create iTunes.
If Contois claims to have created a control system and a user interface for media playing devices, then why aren't they going after Microsoft for their Windows Media Player as well, or any other company that links up with with a "media playing device". From the sounds of this lawsuit, they're starting off big with the hopes of making an example of a company, then going after everyone else.
History of Apple During Last Decade
During the previous decade, Apple has really made a name for themselves. In June of 1995, Apple releases the first "PCI Mac, the $5000 PowerMac 9500/120" which used a Tsunami Motherboard (Apple Museum). In 1996 Apple celebrated its 20th Anniversary while they announced the G3 processor. 1997 was a busy year, Mac OS 7.6 and version 8.0 are released, Steve Jobs get his CEO position job back, The Apple Store is unvieled, and the PowerMac G3 is released. By this time, things started to pick up pace. In 1998 Apple announced a projected $47 million profit, bringing Apple back into profitability. The iMac is introduced starting generation I.
 Y2K struck and Apple computers didn't have any problems. Infact Apple releases their G4 Cube and begins a downward spiral, coming up with a $600 million shortfall. Less then a year after the G4 Cube is released, Apple stops the PowerMac G4 Cube in 2001 after they unviel the iBook and cut macinstosh prices. On October 23rd, the iPod is released as the new digital music player which is the size of a deck of cards. Apple also unviels iTunes to co-exist with the iPod. 2002 brings apple to a re-vamped iMac which has a 15" flat screen, a faster processor and a new look. Apple starts the 64-bit processor buying spree. 2003, another big year for Apple, as the inventor of the internet Al Gore joines the board of Apple. The iTunes Music Store opens with 200,000 songs all available at $0.99 a song. iTunes then gets updated as some Macintosh users use the software to swap songs.
Over the past 2 years, Apple has seen a massive surge in their company as 50 million songs are sold over the internet, the iPod becomes a big hit helping the company more than tripple their earnings report, beating expectations. Steve Jobs is announced as the highest paid Bay Area executive, he is paid only $1 in 2003, but traded his stock options for $74.8 million. In the begining of 2005, Apple is really reeling in the big bucks as they unviel the Mac Mini, a computer the size of a paperback book and their profits quadruple as iPod sales dramatically exceeding expectations. The iTunes music store sells over 250 million songs making Apple a giant hit in the world wide market.
Clearly Apple is doing amazing well and seems to be financially set, but yet a company gains this status, companies who aren't doing so well want a piece of their pie and will do anything to get to that point. This is where Contois Music and Technology comes into the picture.
When iTunes First Came Out
In 2001 when iTunes was first unvieled everyone thought it was a great program, millions of users downloaded it. iTunes sorted your music by artist, album, genre, the year the album was created, the composer, basically anything you put for its 'tag'. 
If Contois held a software patent, why did they wait till 2003 before saying anything about it, let alone 4 years before coming up with a lawsuit? Did they want to see if Apple would try to make money off it, was this a planned approach in an attempt to rise above the rest?
Why Contois isn't suing Microsoft
If we read over their claims which has sparked news debate over the past several days we continually find this line: "computer control system and user interface for media playing devices". Lets disect this line to see what it really means.
First, a computer control system, as taken from Wikipedia - a user created and edited online encyclopedia; a control system is a device or set of devices that manage the behavior of other devices. In terms of iTunes, the control system would take control of another device (iPod) and control it. All video capturing programs use computer control systems to make other devices work for them in a computer control system situation.
Secondly, the line "user interface for media playing devices", which is what I think Contois is really going after here could also be used for a vast variety of media players. If you look in a Fry's add you will see them selling an mp3 player which you obviously connect up to your computer which then probably has a "user interface for media playing devices". Lets look at this another way, a "media playing device" isn't limited to just an mp3 player, its also a camcorder, a DVCAM (mini-DV player, used extensively in video recording), VCR, DVD Player, CD-ROM drive. Anything that plays media.
Technically, Contois can sue every single company that has created software which has a user interface that works with a media playing device. Perhaps this should be a warning to every company out there: "Contois Music and Technology will be coming after you if your software has a user interface for media playing devices". These companies include but are not limited to: Microsoft, Adobe Systems, Dazzle, and Canon (from Companies that have devices around my office).
... is it all for the money?
I finally bring up this last point, after reading the "About Us" section from the website which you get redirected to from www.contois.com, you can learn that there are only 4 people which run emusicgear.com, a company owned by Contois Music & Technology, LLC. 
They have a business timeline where they say they "were into the internet even before it started!". This may be true for them, but the internet has been around since the early 60's, just not in its present form. The "About Us" section seems chock full of bragging about how Stan Contois, Dave's dad worked for IBM for 27 years, and how IBM created "PC Cards that interfaced computers and keyboards for home entertainment and education". So wouldn't this technically mean that IBM should hold the patent since a music keyboard is a "media playing device"?
In the end, we have another case of a group of people who are trying to swindle money out of a major corporation.
Good Job Dave and and Dan Contois, I congratulate you and your company for making a big deal about nothing really. I hope everything goes well for all of you. /sarcasm.
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Great article!
Written by Guest, on 06-22-2005 09:40
An interesting read, one which really looks at another standpoint on this case.
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