In lawsuits filed Wednesday in the US District Court for the Northern District of California, Benjamin Grobler alleged that Apple and Sony have infringed US Patent No. 6,799,084 by making and offering infringing data vending systems such as iTunes and the PlayStation Network and that the companies are inducing their customers’ infringement by using these systems, according to Grobler’s attorneys.
Sony and Apple did not immediately respond to requests for comment on the lawsuits.
The invention provides among other things a data vending system, including a data depot for storing digitised or analogue music, video, games, information and computer programs and a data dispensing device in communication with the data depot, according to a record of the patent with the US Patent and Trademark Office.
It also provides for a uniquely identifiable recordable data carrier, described as a recordable device like a removal hard disk or flash memory, configured for recording data from the data dispensing device and a database for keeping a record of the data recorded by a user onto the recordable device, at least a part of which is stored remotely from the device.
The invention aimed to address the issue of copyright infringement in which copying usually takes the form of unauthorised copies being made from an original or authorised copy. It also wanted to allow authorised end users to recover lost or damaged data without having to purchase again an authorised copy from the copyright owner or a licensed vendor and also allows for the deletion of the data after a certain period if it is downloaded under a rental scheme.
The complainant has asked the court among other things for a judgment that Apple has infringed and continues to infringe the claims of the patent, besides a claim for damages to be decided at the trial. A copy of the complaint against Sony was not available in the court records.