Discovery Channel Sues Amazon Over Ebook Patent
from the aren't-patents-great? dept
Because it's quite obvious that no one would ever have come up with copy protection on an ebook reader without the Discovery Channel's CEO coming up with this patent, the entertainment company has now sued Amazon.com for patent infringement, claiming that the Kindle infringes on the patent. Of course, Amazon could avoid all of this if it hadn't put DRM on the Kindle... but then how would it use the DMCA to block interoperability? In the meantime, is Discovery Communications so hard up these days that it needs to sue companies in entirely different businesses over a patent on a concept in a field it's not even close to being in? In the meantime, perhaps some patent attorneys could weigh in, but reading through the claims on the patent, I'm wondering how this patent is valid in a post-KSR/Teleflex world, which supposedly noted that patents that simply combined two obvious ideas should be obvious as well. The patent in question certainly looks like "DRM + ebooks," both of which were rather well-known and widely discussed at the time the patent was filed.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: ebooks, kindle, obviousness, patents
Companies: amazon, discovery communications
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And to anyone who thinks I'm incorrect about my assertion that the only result of DRM is to make it more difficult for paying customers, please name one example where DRM permanently stopped pirates. Just one. Thanks.
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Re:
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Everything is obvious in hindsight.
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Re:
Hey Harold, what the sound of one hand clapping?
How many angels can dance on the head of a pin?
How many pins can dance on the head of an angel?
If tin whistles are made of tin, what are fog horns made of?
If a group of running pygmies is a "bunch of cunning runts", what's a girls high school track-team called?
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Oh, and they are called "The girls track team". Grow up.
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Does that mean being uninformed, opinionated and loudmouthed like you?
Cuz if that's the case... I'm not up to it.
;P
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Douse Discovery hold a patent on E-Books?
Douse Discovery hold a patent on DRM?
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Patent and software. Hypocrisy. It's stupid, no matter how insightful the idea is, to patent anything regarding software.
The claim is bogus. The lawsuit is even more so.
Hell, does this mean all the ideas I have I should patent so I can sue everyone who uses them?
Please.
Quit defending this bullshit system, please.
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They don't have a patent on any lines of code.
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Amazon gets its own medicine
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A method for encrypting, sending and receiving electronic books upon demand, comprising:
creating a list of titles of available electronic books;
transmitting the list of titles of available electronic books;
selecting a title from the transmitted list of titles;
communicating the selected title to an electronic book source;
supplying a selected electronic book corresponding to the selected title to be encrypted;
supplying an encryption key;
encrypting the selected electronic book using the encryption key;
supplying the encrypted selected electronic book;
supplying a decryption key; and
decrypting the encrypted selected electronic book using the decryption key.
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Agreed. Discovery's patent is not simply "DRM + ebooks" as Mike would have you all believe.
Come on, Mike, do your due diligence. You really should be better than this.
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The invention, electronic book security and copyright protection system, provides for secure distribution of electronic text and graphics to subscribers and secure storage
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The abstract only provides a short summary of what the patent discloses. The abstract does not present the boundaries of the patent's legal claim. The abstract is not helpful here.
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The way I see it, my diary may not have been electronic, but it sure was only ever unlocked and shared with only those who I wanted to share it with - unless some person had wanted to circumvent that "lock" without my permission. This sounds mighty similar to DRM on an E-Book... but using technology that was available in the 50s.
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Just Remember...
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Go back to inventions
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One more thing...
Although now that I think of it... didn't they rip that song off from the Girl Scouts or some other organization?
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Alternative to programming
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Prior Art
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Re: Prior Art
2007 is not the date of invention. This patent was filed in 1999, and it has a priority date of 1992, as it is a child of numerous continuations-in-part that date back to 1992. At the very least, you better start looking for "DRM infested e-books" that were around in 1999.
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I can hear it now...
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Obviousness
Actually, it was obvious 10 years ago. In the Open E-book Forum (now IDPF) we were discussing DRM on e-book readers, openly, and publicly. Discovery had no members present at that time, but nearly every other hardware and software vendor at the time did.
Read from the OEB Standard Version 1:
"Reading System
A combination of hardware and/or software that accepts OEB publications, and directly or indirectly makes them available to readers. Great variety is possible in the architecture of reading systems. A reading sytem may be implemented entirely on one device, or it may be split among several computers. In particular, a reading device that is part of a larger reading system need not directly accept OEB publications, but all reading systems must do so. Reading systems may include additional processing functions beyond the scope of this specification, such as compression, indexing, encryption, rights management, and distribution. "
Available here: http://www.openebook.org/oebps/oebps1.0/download/oeb1-oebps.htm
By 2003, a complete statement on DRM had been made by the Right and management working group. But, as I was present at the meetings in 1999, I can assure you that DRM was brought up in _every_ meeting in 1999.
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oh yeah
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Sony's in the clear
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I think
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Re: I think
"Opera" is a form of musical theater. "Oprah" is the woman about which you speak.
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Live by the Sword ...
I'm going to make some popcorn, pull up a chair and enjoy the show. I'm hoping that they rip each other new ones and then both go down in a big flaming heap.
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DRM is lame.
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The Patent's as Lame as the DRM.
In a previous comment, I cited the capabilities of Wordstar 5 and ProComm.
http://www.techdirt.com/article.php?sid=20090312/1711214100#c298
I might add that, circa 1988, the Wordstar package included an integrated telecommunications program, Telemerge. ProComm had file viewer, and its own DOS shell. Both had various capabilities competing with the regular DOS shell. This was normal for the time, as every application program was pushing and shoving to become the dominant application program which would contain all others. As for hypertext per se, Apple had developed HyperCard (see: Carol Kaehler, _HyperCard Power: Techniques and Scripts_, 1988). There was a competing product, HyperPad, produced by Brightbill-Roberts, which, failing in the primary market, was relaunched as shareware. Taking all of these together, the emergence of the full-blown web browser was little more than an act of consolidation and standardization. About the only thing which makes the Kindle noteworthy, from a software standpoint, as distinct from the cheapness of the hardware, is the decision to prevent the user from freely copying and printing things. The decision to use DRM amounted to locating the cipher machine inside an application program in order to hide its decrypted output from the user.
Of course DRM existed in 1989. It was called Copy Protection. It was applied to software, rather than media, and it tended to work out badly for all parties. The difficulties which legitimate customers have been having with DRM'ed music did not surprise me one bit-- because that was exactly what had happened last time, twenty years ago.
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