Bad Reporting in Progress - Or How MS Didn't Invent the iPod


Follow me dear reader and watch how bad reporting happens.
Five days ago, Appleinsider.com reported that Apple was not granted a patent on part of the iPod user interface because they did not apply for the patent until 5 months after they shipped the iPod and in the meantime, some dork at Microsoft ran to the Patent office and tried to patent the technology Apple was already shipping.

Source: Wizbang!

« Troops Getting Upgraded Armor | Main | Just what does President Bush owe Cindy Sheehan? »
August 14, 2005

Bad Reporting in Progress - Or How MS Didn't Invent the iPod

Follow me dear reader and watch how bad reporting happens.

Five days ago, Appleinsider.com reported that Apple was not granted a patent on part of the iPod user interface because they did not apply for the patent until 5 months after they shipped the iPod and in the meantime, some dork at Microsoft ran to the Patent office and tried to patent the technology Apple was already shipping.

Now there are a few things to remember before we begin... Not the least of which is that Appleinsider is a rumor site. While I'm sure these guys do their best to get their facts right, it is a rumor site... Everything is, by definition, subject to change without notice. The next nugget that will be helpful later is that Apple can still appeal. (You might read the original article, it will help)

So what happens when a rumor site puts up a rumor like that? Bad Reporting.

Did Microsoft Invent The iPod?
8/12/2005
If you think Apple Computer's Steve Jobs invented the technology behind the Apple iPod, don't bet your 60GB, 15,000-song model on it.
According to the U.S. Patent and Trademark Office, patent applications that cover much of the technology associated with the iPod were submitted by Microsoft, which has been on a patents tear recently filing thousands of patents.

If the patents hold up on appeal, Apple could be accountable for royalties on the spectacularly successful iPod. Jobs and others associated with Apple filed for patents covering the technology in October, 2002, but that application was rejected by the patent office last month. AppleInsider.com reported the rejection this week.

So we went from a rumor that a patent was rejected to Microsoft inventing the iPod and Apple having to pay royalties on it. My how the story grew huh? But that's just techweb, certainly nobody in the MSM would make that leap right? - um wrong.

Katherine Griffiths writing for The Independent:

Apple blunder gives Gates iPod royalty
Apple Computer may be forced to pay royalties to Microsoft for every iPod it sells after it emerged that Bill Gates's software giant beat Steve Jobs' firm in the race to file a crucial patent on technology used in the popular portable music players. The total bill could run into hundreds of millions of dollars.

Although Apple introduced the iPod in November 2001, it did not file a provisional patent application until July 2002, and a full application was filed only in October that year.

In the meantime, Microsoft submitted an application in May 2002 to patent some key elements of music players, including song menu software.

So now the rumor on Appleinsider has been reported as fact and upgraded to a "blunder" worth "hundreds of millions of dollars." That was fast. She acknowledges that she too got the story from Appleinsider which had none of those details. Clearly she invented the number.

But there's even more problems in her story....

Closer inspection says the Microsoft patent was rejected. It was modified in December of 2003 but Techweb INCORRECTLY says the patent was approved. It is still an application. [uspto.gov]

In reality it will not be approved because of this little thing called Prior Art. As you might have guessed, you can't patent something someone else is already shipping. Further in the US we use a "First to Invent" method rather than a "First to File." Clearly since the Apple product was ~you know~ shipping, they invented it before Microsoft and clearly the MS application was not novel.

So why did Apple wait so long for the patent application? Probably because it just was not important. (and you aspiring inventors should know this) Once you ship (or publish info about) an invention you lose the right to patent it. Apple will lose on appeal and frankly, I'm not even sure why they bothered, probably only because Microsoft filed.

But I'm digressing into patent law and this is about bad reporting.

So watch in the next few days how this story grows... The whole thing is poor analysis of a rumor that even if true is meaningless... But that won't stop the media from getting the whole story wrong.

Footnote: I've said both Apple and Microsoft will eventually have thier applications rejected AND if the USPTO has any credibility left that will be the case. (for the reasons stated above) Having said that, judging the PTO is worse than guessing the outcome of the Supreme Court... I gave up making predictions after they granted a patent for a stick!

Posted by Paul at 01:48 AM | Link | Filed under: Dumbasses, Media, Tech Stuff | Link Cosmos | Trackbacks (1)

larry borsato linked with The broken patent system.


Comments:
It shoudl be noted that the hook Apple was hanging this patent on is really uncontested in teh real world. They were teh first, as far as I have EVER been able to see, to create a menu system that organized music based on including or excluding certain factors. Basically we're talking about the smart playlist feature. I'm pretty sure almost everything else was in one player or somftware package or another, but that was a truly unique piece of work Apple did and it changed *everything* IMHO. Yes, they bought SoundJam and made in into iTunes, but once it came in house...they really turned it into something unique because of smart playlists.

And aren't we supposed to grant patents to unique creations?

I think they should appeal and they should be granted the patent they're looking fro in this case.

Posted by: JimK at August 14, 2005 03:14 AM

Wow, I should really spellcheck my comments.

Posted by: JimK at August 14, 2005 03:17 AM

(assuming it was novel et al..)

Jim it WAS patentable- before they released details about it.

Read this, (it's short) especially part 1 C.

Posted by: Paul at August 14, 2005 03:23 AM

Somebody is in denial

Posted by: Patrick at August 14, 2005 04:51 AM

I believe, the disclosure aspect only applies to the person who may have had valid patent claim and then revealed it themselves.

Even so, there appears to be a 12 month window in which applications were made.

Posted by: John at August 14, 2005 08:49 AM

This is NOT a comment, just has THAT was not a pipe.

Posted by: Magritte at August 14, 2005 09:12 AM

Even if MS was awarded a patent, Apple could show that it was awarded in error and have the MS patent revoked, although that's a high hill to climb.

Frank

Posted by: Frank Laughter at August 14, 2005 09:13 AM

Great article! I've been mumbling for two days about what a joke those articles were. Very refreshing to read some common sense. How about doing the same thing on the "Mac OS X cracked - runs on any PC" articles?

Posted by: John at August 14, 2005 10:08 AM

"So why did Apple wait so long for the patent application? Probably because it just was not important. (and you aspiring inventors should know this) Once you ship (or publish info about) an invention you lose the right to patent it. Apple will lose on appeal and frankly, I'm not even sure why they bothered, probably only because Microsoft filed."

Actually, the U.S. is one of the rare countries in the world to give inventors a one year grace period to file for patent applications following disclosure or sale of their invention.

Posted by: Doug at August 14, 2005 10:27 AM

Actually the US is one of the rare countries who tried to give the genuine inventor the patent and not the first person to reach the patent office. Although its incredibly hard to prove.

Another problem with the patent office is that in general they give out patents too easily now to any applicant. Then they let anything in dispute be shot out in the court room.

Posted by: John at August 14, 2005 10:51 AM

It is true that the US allows 12 months to file a patent after public disclosure. However, when were the iPod's smart playlists first disclosed? If my memory is correct, the first iPod of late 2001 did not yet have smart playlists.

Posted by: Mark Johnson at August 14, 2005 01:52 PM

Patent and copyright law is utterly out of control today. It no longer serves the public interest. Moreover, it impedes the natural progression of ideas that build upon the prior works of others, since nobody lives in a vacuum. Today, patents and copyrights are used mainly to stifle competition, or to live fat off one moment of brilliance or luck.

Apparently the government is unable to balance the needs of business with the needs of the people, much less temper man’s insatiable greed for money. Thus the laws need to be abolished, but for those which protect against outright counterfeiting (which is really more like fraud).

BTW, that was a good one — patent for a stick. I rest my case.

Posted by: AW at August 14, 2005 02:32 PM

First off, this Wizbang article points the finger at the wrong people. AppleInsider published an article on FACTS...i.e., that Apple failed to patent to the interface. The USPTO patent application was denied in mid-July and AppleInsider was the first publication to report on it. It was not a rumor and the substance of the story was mostly correct. Some of the implications may were drawn by the author, but the story itself was about the patent rejection and the Microsoft patents.

Now the other articles are just poor reporting. The subsequent articles mentioned above, were follow-up and written by authors who cover technology, not law/patents. So they (had to) draw more conclusion, because the story was actually "broken" by AppleInsider: to make it "interesting" the story had to have a spin, and they just drew too many (far-fetched) implications.

So I'm not sure why/if AppleInsider is getting the short end of the stick here. It's mostly these other authors/publications who tried to "expand" , re-report the story with a spin.

So my question is why does Wizbang point the finger at AppleInsider.

Posted by: bad reporting at August 14, 2005 07:39 PM

>So my question is why does Wizbang point the finger at AppleInsider.

Did you read the article? I did no such thing. Appleinsider was fine... It was what happened afterward that is bad reporting.

Look appleinsider is a rumor site. There is zero, nada, nothing wrong with that. But from a whisper on a rumor site to the MSM claiming hundreds of millions of dollars in liabilities is just moronic.

Did you read the whole thing or just the first 3 lines and go postal?

I made it abundantly clear the bad reporting happened AS A RESULT of appleinsider's initial story. (you know- AFTERappleinsider)

Posted by: Paul at August 14, 2005 08:16 PM

Wow, a moment of clarity. I hope everyone else comes to their senses, too.

So many people are just itching for Apple to fall that they'll say anything to make it seem inevitable. What's the Apple Death Knell Counter up to these days, anyway?

Posted by: Leland at August 14, 2005 09:35 PM

Post a comment
Name:


Email Address:


URL:


Remember personal info?
YesNo

Subscribe to this comment thread:





Subscribe To This Thread Without Commenting (Enter E-Mail Address)




Main
Home
Credits
Contact
About
Comment/Trackback Policy

Your link preference:
links open in this window
Special Projects


Support Wizbang

Donate
Wizbang Sponsors
Wizbang! Premium
Get this spot!
Wizbang! Ads
McCain for President?

Do you agree? Vote in NewsMax's Urgent Poll! Click here now!
Read More...
Annoy a Liberal!

Peace Through Superior Firepower
Read More...
Advertise on Wizbang!



Online Stores
Daily Tabloid News
Word of The Day
Car Titles
Fax Machines
Typewriters
Office Copiers
Sports Tickets
Cash Registers
SEO Services





Wizbang Text Ads
Advertise here


Your link here
Powered by AdBrite
Buy A Link Now

Recently On Wizbang
Taking War Off The Table?
Carnival of the Trackbacks XXIV
Throwing the book at perverts
Christopher Walken In 2008?
Throwing good money after bad
Despite String Of Positive Developments People Still Think Economy Sucks
Rescued from the attic
Cindy Sheehan Meets President Bush
Media Whores Online
BUSH'S MOTORCADE DRIVES PAST PROTESTERS!
www.sorryfromnewhampshire.com
Rob Port- You've Got Mail
What Are You Lookin' At, Sweetie?
Reckless Youth
NARAL Pulls Ad
Search
Search this site:

Technorati search this blog all blogs
Search with Google

Wizbang Ecosystem Links
D.C. Metro Blog Map
Archives


Syndication
RSS 1.0
RSS 2.0
RSS 2.0 (Full Feed)
RSS 2.0 (Full Feed + Comments)
Atom Feed
Wizbang PDA Version
Subscription Services







Sites Where We Contribute
SportsBlog
WizbangTech
BlogCritics
The Command Post


Blogroll
Blogroll Wizbang!

Fresh Sites
( *** Updated within the last hour)
Dean's World***
Trader Mike***
Jennifer's History And Stuff***
pesky'apostrophe***
mypetjawa v. 2.0 (beta)***
Bad Example***
This Blog Is Full Of Crap***
The Spoons Experience***
Captain's Quarters***
Power Line***
dustbury.com***
ScrappleFace***
Petrified Truth***
Silent Running
A Small Victory
PoliBlog
Alphecca
Better Living Through Blogging
Arguing with signposts...
Outside The Beltway
InstaPundit
Solonor's Ink Well
Daily Pundit
Right Wing News
Am I A Pundit Now?
Rocket Jones
damnum absque injuria
All Day Permanent Red
ProfessorBainbridge.com
Michelle Malkin
The Washington Monthly
small dead animals
The American Mind
The Indepundit (Citizen Smash)
The Volokh Conspiracy
Tony Pierce
The Moderate Voice
cut on the bias
suburban blight
The World Wide Rant
swirlspice
Viking Pundit
OxBlog
IMAO
The Bitch Girls
DANEgerus Weblog
Spot On
The Smallest Minority
HobbsOnline
Fanblogs.com


View The Full Blogroll
Reciprocal Links

Blogroll Wizbang!
A Fearful Symmetry
A N O M A L Y
A Nickel's Worth of Free Advice
A Single Guy in the South
a small victory
AAFFLLAACCKK
Aaron Meck
Aaron's Rantblog
Absinthe & Cookies
Ace of Trump
Acorns from an Okie
All Day Permanent Red
All Facts and Opinions
Allah Is In The House
Alphecca
Am I A Pundit Now?
Ambient Irony
American Federalist Journal
Amy Ridenour's National Center Blog
An Unsealed Room
annika's journal
Another Rovian Conspiracy
Apropos of Something
Are You Hep To The Jive?
Army of Mom
Atheist Pundit
Attaboy
augustus
Auterrific
avoiding the Tar baby
a_sdf
Babalu Blog
Backcountry Conservative
Bad State of Gruntledness
baldilocks
Benedict
besmirched
Better Living Through Blogging!
BIRD
Bittersweet Me
BizzyBlog.com
Blog Beach
Blog o'RAM
blogoSFERICS
Bowulf
Boyd's blog
Bozzy's World
Brain Fertilizer
Broken Masterpieces
Business|Casual
Captain's Quarters***
Catablast! Communications
caughtintheXfire
Chaos Magnet
Chrenkoff
Citizen Smash - The Indepundit
Classical Values
coffee achiever
Commonwealth Conservative
Conservative Outpost
Conservative Rebel
Conservative Thinking
Curt's Weblog
CynicalCyn.com
d-42.com (Josh Cohen)
damnum absque injuria
DANEgerus Weblog
Danz Family
Dar al Harb
Dean's World***
DeCloah Blog
Demoncratic Blunderground
Descent Into Madness
Dewayne Mikkelson
Diggers Realm
Dilby News Monitor - FOXKNEWS
DiVERSiONZ
Dizzy Girl
Dog Snot Diaries
dong resin's joint
DramaQueen
drowning at 2 feet sea level
Drunken Blogger
Drunken Stepfather (NSFW)
Dynamist Blog
EarthlyPassions
Electric Venom
Emuse
Espresso Sarcasm
eTALKINGHEAD.com
EtherHouse
Evicting Mt. Olympus
Evilwhiteguy's Blog
Experences of a Army Geek
exvigilare
Feisty Republican Whore
feministe
femme grrl's useless ramblings
Freedom Lives
Fringe
From Behind the Wall of Sleep
Funkalicious
funmurphys.com: The Blog
gangstories
Ghost of a flea
gigglechick.com
Gnome-girl
go fish
Graham Lester
Granny Rant
H Squared
hard times
Have you met Tony?
Hot Abercrombie Chick
HundredPercenterNews
IbeJO
Idlewild-South
IMAO
Impractical Penumbra
In Search of Utopia
INCITE
Incommunicado
InstaPundit
InstaPuppy
Insults Unpunished
Intergalactic Capitalist
Interrobang?!
InTheBullpen.com
Ipse Dixit
IRAQ THE MODEL
Iron Monkey
is tomorrow just a day...
It's A New Life
Jaboobie and Two Hard Boiled Eggs
JackLewis.net
jargonese
Jeff Doolittle dot com
Jen Speaks
Jennifer's History And Stuff***
John P. Hoke's Asylum
John's Jottings
JoniElectric.com
Jumping To Conclusions
Just A Girl In The World
KateSpot
KevinDonahue.com***
Kin's Kouch
King of Fools
Knight Of The Mind
La Shawn Barber's Corner
Late Night Ramblings
Life by Velvet
Life Trek
Light Within***
Like Wow Dude!
little green footballs
lost thoughts
masie pulls it off
MediaReview
MegaPundit
MENORAH
MensNewsDaily.com
Meryl Yourish
Michael Williams
Michelle Malkin
Mindful Daze
Modulator
MOLOTOV COCKTAIL FRANK
Mookie Riffic
Move the Crowd
moxie
MrsSatan
MsCapriKell - It's Her Words...
mtpolitics.net
must be nice
My Messy Mind
my so-called blog
my wild ride
mypetjawa v. 2.0 (beta)***
Nakedvillainy.com
New Media Awards 2004
newsfeedonline.com
nikita demosthenes
Not a Fish (provincially speaking)
Not Exactly Rocket Science
Not Quite Tea and Crumpets
Notorious B.L.O.G.
Oliver Willis
On the Fritz
On The Third Hand
One Little Victory
orange haired boy
Oscar Jr. Was Here
Outside The Beltway
Paige's Page
Patrick Ruffini
Patterico's Pontifications
Peaktalk - Politics and Markets
Pennywit.Com
Peppermint Patty
Perpetual Notions
Phileos
PhillipCoons.com
phpMP
pickle juice
piquant
PoliBlog
Politickal
Primal Purge
ProfessorBainbridge.com
protein wisdom
Queen Goddess Speaks
Questions and Observations Blog
Rachel Lucas
Rambling Webgirl
Ramblings' Journal
RandomActOfKindness
Read My Lips
Red State Rant
resurrectionsong
Right On! Blog
Rightwingsparkle
Rocket Jones
SageOne
Sandhill Trek
Sanity's Edge
Say Anything
Say What?
Scared Monkeys
Serenity's journal
sgt hook
Sha Ka Ree
She Who Will Be Obeyed!***
Side Salad
Silflay Hraka
Silflay Hraka: The Warren
Simon World
Sketches of Strain
Sleaze Report Ruminations
Slowplay.com
Slumbering Pierrot
small dead animals
Sneakeasy's Joint
Somewhere on A1A...
Somewhere over the Rainbough
Southern Musings
SpankysPlace
Speed of Thought...
Spiced Sass
SportsBlog
Stop the ACLU
stu's rants
suburban blight
SwimFinsSF
swirlspice
taco flavored kisses
Technicalities
Technically Speaking
Tempus Fugit
TexasBestGrok
The Accidental Jedi
The American Mind
The Argus
The Bejus Pundit
The Bitch Girls
The Blog Hunter
The Buzz Blog
The Calico Cat
The Colorado Compound
The Dax Files
The Education Wonks
the evangelical outpost
The Fat Guy
The Friendly Ghost
The Galvin Opinion
The Greatest Jeneration
The Hedgehog Report
The Last Call
The LLama Butchers
The Lopsided Poopdeck
The New Editor
The Noble Pundit
The Pink Flamingo Bar & Grill
The Psychotic Rant
The Q Speaks
The Realm of Chadness
The Resplendent Mango
The Right Journal
The Short Strange Trip
The SmarterCop
The Southern California Law Blog
The Spoons Experience***
The View From The Nest
The Wise Man Says
The World Around You
thebandwagon
This Blog Is Full Of Crap***
Thoughts Online
Tiger: Raggin' & Rantin'
Tobacco Road Fogey
Too Much To Dream
Treason Online
Truth, Lies & Common Sense
Truthful News
University Blog
UnPundit
Uptown Girl
Viking Pundit
WallPoster
Watcher of Weasels
Wave Maker
WesRoth.com
What Would George Say!
whatever you think...
White family
white pebble
Who Tends the Fires
Wicked Velvet
wild-heart.net
WILLisms.com
Wince and Nod
Wizbang***
Words From The Super-Villian
write and left
Wrong Side of Happiness
WTF Is It Now??
WunderKraut.com
www [dot] margilowry [dot] com
You Big Mouth, You!
Zero Base Thinking
Zudfunck's BloG
~Jewels~of~the~Jungle~
~whatever you think...~
Logo
Grab the Wizbang logos



Credits
Editor-In-Chief/Publisher:
Kevin Aylward

Contributing Editor:
Jay Tea

Contributing Editor:
Paul

Software:
Movable Type 3.17
Hosting
Hosting Matters
Design
The Web Jones
Additional Designs:
The King Of Fools


All original content copyright © 2003-2005 by Wizbang. All rights reserved.

DCMA Compliance Notice

" target="NewWindow">Read More...

Posted: Mon - August 15, 2005 at 09:20 AM   WIR NewsStream by Piranha Daily News   The Stream   Previous   Next  

© All rights reserved.