It looks like it's going to be
one of those days.
Emblaze, parent company of
Else and creator of the First Else that we felt compelled to
check the pulse of at CES, is going down the long, dangerous road of patent disputes, challenging both
Microsoft and
Apple with a lawsuit having something to do with streaming of media. Emblaze didn't say which patent was being infringed upon, but did say that Microsoft is doing the infringing in the tech behind its Silverlight Smooth Streaming, and that naughty boy Apple's HTTP Live Streaming is at fault. While we generally scoff at these sorts of things, this is the first such lawsuit we've seen from Emblaze, and investors at least think it has merit, boosting the company's shares by 13.5 percent. But what do investors know about patent disputes?
Update: Dan from
StreamingMedia wrote in to let us know that the patent in question is the vague, 1999-vintage
6,389,473 called "Network Media Streaming." It covers "a method for real-time broadcasting from a transmitting computer to one or more client computers over a network." We'll go ahead and let you draw your own conclusions.
posted February 11th 2010 7:32AM
... I don't get it. What exactly did Apple or microsoft steal from them?
@mtnDewFTW
"challenging both Microsoft and Apple with a lawsuit having something to do with streaming of media."
pretty vague really
@mtnDewFTW it would appear to be media streaming technology. Specifically it looks like the "method" Microsoft and Apple are using to stream media across the Internet was patented by Emblaze. At least that's the claim.
It's a software patent. Which means it's essentially just a claim on IP.
@mtnDewFTW I have the same question. Apple has had live video streaming since 1991 when they release Quicktime.
@mtnDewFTW: MS and Apple stole ideas before Emblaze had the same ideas, the only difference being that Emblaze was the only company that didn't think the ideas weren't so obvious that they didn't deserve patent protection. The USPTO doesn't do their job, and we all pay the price for their incompetence. They give out monopolies like candy.
Ban vague software patents now.
@cashclientel : Would you care to elaborate on what you consider vague about the claims?
And no, quoting the abstract does not constitute an elaboration.
@radarskiy boooo - jump on the band wagon
I hope we can one day live in a world where patents and lawsuits don't exist.
@stubby boardman
+1
@stubby boardman
Lawsuits aren't bad as long as they are kept in moderation, suing cause your neighbors cat pissed on your fence is stupid, or going through a drive thru and ordering coffee and suing because the coffee was hot and burned your lip.
Some lawsuits have purposes.
@stubby boardman Then each company will be screaming KNOCK IT OFF!!!!
(double pun intended :D )
@stubby boardman or at least something that states you have to implement said patent it into an actual product/service within a fixed time frame.
These guys are idiots,I see Microsoft or Apple doing a hostile takeover of Emblaze very shortly,then shitcanning everyone who works there. it doesn't matter if your on good legal standing if your lawsuit target can buy you and close you down before a trial starts.
@noneofyourbusinessbub
LOL that would be hilarious.
@noneofyourbusinessbub
While that might be satisfying, it would leave the patent in existence and in the possession of a much larger and arguably more dangerous entity. A much better result for all of us would be its re-examination and subsequent invalidation, along with the financial ruin of the troll corporation.
@noneofyourbusinessbub
They've already stuck it to Burst on the same topic, I don't see why not to Emblaze. Why respect someone else's idea when they can just steal it?
1. Copyright some niche software that no ones aware of.
2. Wait for a large company to implement similar software.
3. Sue for patent infringement.
4. Profit!
@nachotech: Better idea. MS buy Emblaze, now MS own the patent. MS then proceed to sue Apple. THIS IS WAI I SHULD BE A LAWER YOUSE GAIS!
@Jordaan Better yet Apple or MS buys Emblaze and puts the patent in public domain as it rightfully should be, as has been pointed out many times both company's have been doing streaming for a long time. Sorry your having an ID10T error...
Does this mean that Microsoft and Apple both didn't patent the peice of code that Emblaze did?
Well if those two didn't patent it then i guess it wasn't worth a patent in the first place.
Emblaze, I'm waiting for you to get your ass whooped by one of the two largest companies ever !!
Fucking pricks & Patent trolls, atleast one of them knows what they're doing !
@Ameen are, are you serious? Pricks and patent trolls? Do you know what Apple has patented? Microsoft?
@nvleafs My gripe is about Emblaze trying to one-up their mobile competition (iPhone & WM) through these means so that these the companies settle with a mass cross-licensing deal akin to what Creative - Apple had done, etc. While it seems like a clever yet sly move, it will eventually lead to its downfall !
I hope Microsoft and Apple double teams blaze fro behind....RAW, and then sells the tapes. I know i'd buy it.
@Einlander
Yeah, sure hope so !
This is why patent sucks, and to bundle HTML5 video tag with patent H.264 codec is just planting another seed for this, only worse.
@chrislevin thats why I congratulate Microsoft for not going along with the h.264 codec.
Look it from the Bright Side. At least Microsoft and Apple now have something to share: a lawsuit.
**Reunited and it feeeeels sooo goood***
Rest easy everyone. I'm sure our competent legal system will sort it out justly and fairly.
...BWOAAHAHAHHAAHAHHAHA
I saw the picture, "flame on" in the headline, and thought it was Engadget's open invitation to the flame war to end all flame wars. Instead I'm supposed to lump them together...as allies... against a small, relatively helpless competitor. Brain explode!
I am eagerly waiting for first else. If this lawsuit is indeed correct MS and Apple should pay.
Is this the same Emblaze that was around circa 97, when they had their RealVideo killer which was ultimately killed by Flash? I remember reading in Internet Underground magazine (there's some irony there, I know) that Emblaze was going to change the web as we knew it. Good times.
This is why I would love to be a lawyer, I'd get to piss rich people off and have other rich people pay me at the same time!
Microsoft and apple have been streaming media for 10 years atleast . I would think this emblaze company might actually be infringing on their patents.
Heh, either of these companies infringing on patents is kind of par for the course. Doesn't mean that companies with valid claims shouldn't make them, but really? MS is involved in so much it probably infringes by accident and figures if they do, they'll just buy their way out of anything that comes up. Apple seems to enjoy infringing knowingly and also buys their way out.
Man what the hell is wrong with companies and patent infringement today? I never heard of them. All they care bout is getting patent money and I don't see any PROOF OF THEM FROM MS OR APPLE FOR INFRINGEMENT. To me when companies make billions of dollars lil companies like Emblaze . I think someone should try to fix these PATENT LAWSUITS cause it's driving companies like APPLE AND MS tons of money. The lil companies always gets their money worth and never put their work in effect may be wrong, just sick and tired of seeing patent lawsuits.
I cant believe we live in a world where so many people get sued for this and that. If i was a big wig at M$ or Appul i would silently have people offed.