The real deal on Microsoft's playlist patent

Turns MP3 player into TiVo

Lisa DiCarlo

Microsoft is close to patenting a technology that, for all intents and purposes, makes a Tivo out of your digital media player.

The technology in question, patent application number 20030221541, was filed in May of 2002 and "relates generally to systems and methodologies that facilitate generation of playlists," according to a summary of the invention patent. "It reduces effort and time required to generate a playlist that meets or is similar to desired characteristics or features by automatically generating a playlist."

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In other words, the technology can create autogenerated playlists of various types of media based on usage patterns, with no intervention from the user. So if 1970s funk music is your thing, a portable MP3 player would generate such playlists on your behalf.

The patent was filed by Microsoft's John Platt, an expert in machine learning, which is essentially technology that learns through repetition, says David Kaefer, director of business development and intellectual property at Microsoft. The patent has been the focus on media reports this week that suggest a connection between a digital media patent filed months later by Apple.

The reports suggest that some component of the iPod interface may be infringing on Microsoft's patent, and that Apple may be forced to pay royalties to Microsoft on millions of iPod units sold.

In truth, the patents in question might not even be directly related.

"Some people say patents are overlapping, and I'm not sure that's accurate," says Kaefer. "The characterization of the patent is not spot on."

Indeed, news articles suggested that Microsoft's patent surrounds the iconic iPod clickwheel. But its patent has to do more with the organization and delivery of digital media items.

The alleged problem came to light when Apple's patent for a rotational user input was recently rejected by the U.S. Patent and Trademark Office.

Kaefer said he had not read Apple's patent application, and Apple, in a statement, said the company "will continue to pursue this patent application, as well as the many others covering iPod innovations."

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