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16 May 2006
Creative Technology, the number two in the music player market, has asked the US International Trade Commission (ITC) to investigate claims that Apple's iPod infringes one of its patents.
The dispute is over Creative's Zen patent, awarded in August 2005, which covers navigation by menus and organisation of music on a portable music player.
Creative applied for the patent in 2001 and, since having it confirmed, has been threatening to sue Apple over its iPod.
"Creative is seeking an exclusion order and a cease-and-desist order against Apple Computer Inc," said the filing to the ITC.
"The orders would prohibit Apple Computer Inc from engaging in sales, marketing, importation or sale after importation into the US, or other infringing activities in the US with regard to the infringing iPod and iPod Nano products."
Creative has also filed in a separate case in the District Court for the Northern District of California that seeks an injunction and increased damages against Apple for "wilful" patent infringement.
Research from In-Stat earlier this month found that Apple had 49 per cent of the portable music player market, with Creative a distant second.
"Apple continues to dominate the market for MP3 players, particularly in the US," said In-Stat analyst Stephanie Guza.
"Apple competitors continue to face significant challenges, such as a constrained Flash memory supply, device and software integration, and the 'cool factor' associated with Apple's iPod line of products."
Creative made a loss of $114.3m last quarter, which it blamed on price cuts in the digital player market and unsold inventory.
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Do you agree?
Oh god , that doesn't help at all !
You guys have made me so much hesitate about which one i wanna buy .. i was thinking of iPod , and Sony NW-A1200 , now i dunno which one is the best since i care for the sound quality .. jeeeeeeez .. !
Posted by: Mr.Smith 30 Oct 2006
Ipod kik's creative
some of u guys just cant take the fact that ipods are better than the "creative" mp3 players, i have proof, that even "creative" owners can't denie- creatives mp3 layers are brick's they are ugley, the screen quality is crap and the whole design is just pittifle, the ipod however, is avalable in different colours, some have higher capacity than the creatives and ipod are the established leader for the best mp3 player- apple have always been stylish- just look at the new apple g5 mac!!! im a fan of pc and microsoft (xbox 360) but come on- people cant denie that the ipod is so much better than creative, the only companey that are actually anywhare near as good, is the sony walkman mp3s!
Posted by: Jonny-2oo6 04 Oct 2006
creative $hits
creative were not the first company to make hard drive based personal mp3 players. there was an earlier product 'personal jukebox' or 'pjbox' that pre-dated the zen by a year at least. the us patent office should never have given a patent for something with such obvious prior art. apple did no more ripping off than creative, who clearly plan on balancing their books by sueing. i was seriously considering buying the latest zen player, but i won't touch anything zen/creative now.
Posted by: b k 22 May 2006
Different issue...
The real problem here is that the Us Patent office should have never issued a patent on the concept of a "jierarchy". Those meatballs have been churning out some really idiotic tech patents over completely simple concepts. Patent law says that the idea to be patented must be both "original" and -- here's the omportant one -- "non-obvious". Organizing music hierarchically by, say, artist, and then album is pretty darded obvious. So obvious, in fact, that Apple has been doing it with iTunes since long before Creative came out with their first Zen music players. The patent should never have been granted in the first place, at there is where the problem lies.
Posted by: Stephen Rider 19 May 2006
creative sucks
creative sucks. Damn them for trying to sue a company who is just better than they are.
Posted by: mrpiddly 17 May 2006
Figures...
You know, doing the research goes to show how well the iPod is doing. It has the best design for the price. Creative has made one bad player after another. Yes some of the competition offers 15 different items/uses for their devices, but quantity has never made the best purchase. The iPod is simple and very well thought out. The competition is getting closer, but are still grasping. Creative is pissed because they're losing a battle that their very lives depend on. Hey, I only have a shuffle. I've seen the rest, and I've seen the gazillion iPod hating reviews...end the end they ALL pick the iPod as the best. (for today). Grow up Creative.
Posted by: Michael 17 May 2006
iPoo
iPod is a joke. From its software and drivers to its sound quality. All junk. Should be able to just plug it in and have it detect as a mass storage device and dump your songs on it if you want. Not install retarded iTunes and drivers. I work in a tech support call center, and the number of calls we get because iTunes crashed is of unreal proportions. Yes, most end users break their shit, but jeeze..
Posted by: No Way 17 May 2006
Wankers.....
......Creative howbout creating something?
Posted by: Talcott 17 May 2006
Typical
Just goes to show, if you don't have what it takes to compete fairly... sue.
Posted by: Matt 17 May 2006
Mac revisionist history
Apple's Patent was denied because Creative has the rights to the product. They have been the mp3 player market much longer. So it?s ok to steal someone?s idea and make a million off of it because you made it better? Yep, that?s going to the dogs alright... What scares most me is revisionist history. The Mac kiddies need to pull their heads out.
Posted by: erexx xxere 17 May 2006
Do the research...
I see people defending apple here...but perhaps they should read the actual patent. Creative came up with an original structure, which apple did rip off. Of course creative is trying to get a piece of apple, apple stole their technology and then proceeded to make tons of money. If apple were to sue microsoft i dont think you'd be complaining... Apple does a great job packaging and marketing, but it doesnt make it right that they steal ideas. Plus they actually lack innovation of other players (fm, removal battery, annoying file transfer), i think a little competition would be beneficial to them.
Posted by: Justin 16 May 2006
Silly
So first the Beatles and now Creative... everyone wants a piece of Apple's hard earned success. This case is just silly. Having seen both, the iPod interface is vastly different from that of mp3 players that creative makes.
Posted by: Alpacahacka 16 May 2006
america is going to the dogs
I always defend the US when ignorant fellow countrymen start 'yank-bashing', but this culture of suing when, morally speaking, they have no grounds to makes me sick. I will never buy a creative product again after reading this disgraceful report. The world laughed when BT tried to patent the hyperlink a few years ago. If they tried again in the USA they would probably succeed.
Posted by: sickofitall 16 May 2006
Apple
People unwilling to do the research will always buy an apple, damn college kids just want to be cool soo badly. The Creative MP3 players have always been cheaper and have always had better sound quality...but hey, its not an I-Pod.
Posted by: Ian 16 May 2006
Hard Earned Success?
This is not an example of others trying to cut in on Apple's Hard Earned Success. This is yet another example of Apple's Technological Exploitation at others expense. They stole the Mac interface from Xerox and came out with the "new" video iPod a year after everyone else had video players - to name just 2 of many instances. While brainwashed Apple fanatics believe Steve Jobs' mantra of innovation, everyone else sees the parade overpriced products which just steal other companies innovative ideas.
Posted by: dontbelievejobs 16 May 2006
Your all wrong
Its about time...Apple coppied their whole idea!!! I had a creative hard disk MP3 player 5 years ago. They thought of it first, they made it first and they were the ones who put the idea on the shelf. If the patent was granted then they have grounds to sue!!! Nobody had heard of DAPs before the Ipod and they are under the illusion that the Ipods were the first! Apple going down, and about time!
Posted by: Daniel Baugh 16 May 2006
History's Mysteries
Anyone remember the 80's? Anyone out there remember the law suits that Apple brought against MS over GUI's? Apple is not only a victim, but also a bully. All corporations this size are bound to be in court. That is why they have many high dollar laywers on staff. This is not a "yank" issue either. Last I checked, Creative is a Singapore based company...
Posted by: Student of the game 16 May 2006
Apple's Lack of Accountablility
Apple has always been a shrewd company and like most business, it will often times go to great lengths to be #1. In this case, Apple got there hands caught in Creative's interface cookie jar. Creative has legitimate reason to want to keep its interface exclusive and sue a company that feels it is there right to take over a free market of mp3 players. Apple should and eventually will pay for there legal transgression.
Posted by: Ray 16 May 2006
any means necessary...
i guess creative's new plan is to try and force people to buy their product by blocking the iPod from being made. Good game! Come on, that's not even sound thinking. i always love to hear comments from the anti-apple crowd - it's kind of like the people on the other side of the velvet rope trying to get into an exclusive club - saying things like, "i don't want to get in there anyways, the drinks are too expensive", or "i can get the same experience down the street at Joe's bar". yes the iPod is popular because it is "cool", not only is it cool to own one, but it's cool to behold - the form factor and simplicity cannot and willnot be effectively knocked-off. nice going creative - hey there's a bunch of other companies makings speakers for computers too, maybe they are infringing on your rights to sell your "exclusive" pieces of crap.
Posted by: Justin 16 May 2006
Creative Kicks butt
I don't know what you are talking about but Apple's interface is a lot like Creative's, only difference between the two is that Apple has milked down their interface to not run like it, meaning you can't do half the stuff in Apple's as you can in Creative. Creative makes great products and I am actually wishing I could take back my IPod and get a Creative Photo Micro or a Creative Vision Mobile
Posted by: David Johnston 16 May 2006