Prior art has to be prior. This patent APPLICATION (it's still an application, not a patent, and so it is a moving target as far as what it protects) was filed in August of 2005. I'm pretty sure Zune wasn't available then.
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It's called Prior Art ... and Microsoft has nothing to worry about considering the Zune has been available for nearly a year now.
No, there is no prior art for this technique. The Zune does not make use of it so it is not affected.
Prior art has to be prior. This patent APPLICATION (it's still an application, not a patent, and so it is a moving target as far as what it protects) was filed in August of 2005. I'm pretty sure Zune wasn't available then.