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Apple, AT&T, Samsung, Verizon and others sued over Shazam app
CNet News ^ | Friday, May 15, 2009 08:54 AM | By Erica Ogg

Posted on 05/14/2009 8:04:14 PM PDT by Swordmaker

Earlier this week, a company called Tune Hunter accused music-finding service Shazam as well as a host of consumer electronics makers, wireless service operators, and digital music retailers of infringing on its patent on a music identification system.

Shazam is named along with Samsung, Apple, Amazon.com, Napster, Motorola, Gracenote, Verizon Wireless, LG Electronics, AT&T Mobility and Pantech Wireless in a suit filed Tuesday over U.S. Patent No. 6,941,275, which was issued to Remi Swierczek/Tune Hunter in September 2005. The suit accuses Shazam's music discovery and identification service of violating the patent and the other companies of benefiting directly from Shazam's alleged infringement. Tune Hunter is asking for unspecified damages and an injunction from the U.S. District Court for the Eastern Division of Texas that would prevent "further infringement" on Tune Hunter's patent.

Tune Hunter's patent covers "a music identification/purchasing system, specifically to a method for marking the time and the name of the radio station in portable device such as a key holder, watch, cellular phone, beeper or the like which will allow the user to learn via internet or regular telephone the name of the song, artist and/or music company by matching the stored data with broadcast archive."

Shazam is available on several different mobile devices. It is a popular iPhone application sold through Apple's App Store, which "listens" to songs and identifies them. Samsung is a partner with London-based Shazam on a mobile music store. Amazon.com, Napster, and Gracenote are retail partners of Shazam.

Shazam was founded in 2002 in London and says by the end of the year its service will be available on 250 million devices.

Shazam, AT&T, Apple, and Gracenote each said they had no comment on the suit, and Samsung and Verizon had not yet heard about it.

Shazam is also available on many platforms not named in the lawsuit, including Research In Motion's BlackBerry, Facebook, and Android-based phones like T-Mobile's G1.

CNET News reporters Maggie Reardon and Greg Sandoval contributed to this story.

This article was first published as a blog post on CNET News.


TOPICS: Business/Economy; Computers/Internet
KEYWORDS: apple; bestcomputer; macintosh; spamiswindows
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Abstract:
The present invention relates to a music identification/purchasing system, specifically to a method for marking the time and the name of the radio station in portable device such as a key holder, watch, cellular phone, beeper or the like which will allow the user to learn via internet or regular telephone the name of the song, artist and/or music company by matching the stored data with broadcast archive. The system will allow for purchase of the full length of the identified music item or related music. An alternate embodiment provides the listener with convenient means to record a segment of the music in which he/she is interested. The recorded music segment is played back into an apparatus which can identify the song based on the play back and provide the user with information on the identified song such as title, singer or artist, composer, producer, etc., and provide related purchasing information. The user can make selections and provide payment data to the music identification/purchasing system which will result in the selections being delivered to the user by mail.


Representative Image:

Inventors:
Swierczek, Remi (Remex 2, 43-150 Bierum, Torowa 27, PL)

Application Number:
09/680172

Publication Date:
09/06/2005

Filing Date:
10/05/2000

View Patent Images:
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Export Citation:

Primary Class:

Other Classes:
707/E17.102

International Classes:
G11B20/10; G06F17/60

Field of Search:
725/93, 705/27, 705/25, 705/26

US Patent References:
4628372 Method and apparatus for identifying recorded information segments on a record medium December, 1986 Morisawa
4870515 Music memory data recording, storage and playback system for magnetic recording and/or reproducing apparatus September, 1989 Stokes
5038658 Method for automatically transcribing music and apparatus therefore August, 1991 Tsuruta et al.
5239540 Method and apparatus for transmitting, receiving and communicating digital data signals with corresponding program data signals which describe the digital data signals August, 1993 Rovira et al.
5504518 Method and system for recognition of broadcast segments April, 1996 Ellis et al.
5661787 System for on-demand remote access to a self-generating audio recording, storage, indexing and transaction system August, 1997 Pocock
5675575 Method and apparatus for communicating different types of data in a data stream October, 1997 Wall, Jr. et al.
5739451 Hand held electronic music encyclopedia with text and note structure search April, 1998 Winksy et al.
5765125 Detection of tones while minimizing incorrect identification of other sounds as tones June, 1998 Daugherty et al.
5903892 Indexing of media content on a network May, 1999 Hoffert et al.
5909501 Systems and methods with identity verification by comparison and interpretation of skin patterns such as fingerprints June, 1999 Thebaud
5910999 Individual identification apparatus based on frequency domain correlation of plural reference images and a target image June, 1999 Mukohzaka
5918223 Method and article of manufacture for content-based analysis, storage, retrieval, and segmentation of audio information June, 1999 Blum et al.
5963916 Network apparatus and method for preview of music products and compilation of market data October, 1999 Kaplan 705/26
6314577 Apparatus and method to generate and access broadcast information November, 2001 Pocock 725/93
6385596 Secure online music distribution system May, 2002 Wiser et al. 705/51
20020023020 Audio identification system and method February, 2002 Kenyon et al. 705/26
20020198789 Apparatus and method for identifying and purchasing music December, 2002 Waldman

Foreign References:
EP1098460 May, 2001 Method of and system for providing identification of broadcast programmes
KR2001010778 July, 1999 H04B001/40

Other References:
“Web Radio,” Compressed Air, Washington, Jul./Aug. 1999, Heather Millar.
“Yahoo to sell downloads,” Billboard, New York, Sep. 4, 1999, Catherine Applefeld Olson.
“Buy That Tune,” Kiplinger's Personal Finance Magazine, p. 28, (Sep. 1999).
Copy of Xenote's website, 6 pages, (printed Mar. 2, 2000).
Todd Spangler, “Click! Turning Old Radio Into New Media,” ZDNet Inter@ctive Week Online, 3 pages, (Jan. 24, 2000).
Shazam 2580, “http://www.shazam.com/shazam/do/home,” 1 page, (Jan. 7, 2003).

Primary Examiner:
Smith, Jeffrey A.

Assistant Examiner:
Gart, Matthew S.

Attorney, Agent or Firm:
Hahn Loeser & Parks, LLP
Clark, Robert J.

Parent Case Data:
This application claims benefit of Ser. No. 60/158,087 filed Oct. 7, 1999 and Ser. No. 60/186,565 filed Mar. 2, 2000.

Claims:

1. A process of identifying music comprising: a) providing a portable communication device to be used by a consumer; b) a service provider providing a music identification device having a database of prerecorded musical works; c) the consumer recording a segment of music that is audible to the consumer in a location remote from the music identification device using said portable communication device; d) the consumer transmitting said recorded musical segment from said portable communication device into a central processing unit of the music identification device; e) the music identification device analyzing and comparing said musical segment to the database of musical works; f) the music identification device identifying at least one closest match; g) the music identification device generating database information regarding said at least one closest match; and h) the music identification device transmitting the database information regarding said at least one closest match to the consumer.

2. A method for purchasing a music item comprising the following steps: a) providing a portable communication device to be used by a consumer that is listening to a source of audible music; b) a service provider providing a remotely located music identification/purchasing system having a database of prerecorded musical works; c) the consumer directing a microphone of the portable communication device toward the source of audible music; d) the consumer activating the portable communication device to transmit a segment of the audible music to the remotely located music identification/purchasing system; e) the music identification/purchasing system automatically entering said transmitted segment of music into a central processing unit of said music identification/purchasing system; f) the music identification/purchasing system automatically analyzing and comparing said transmitted segment of music to music contained in a music database; and g) the music identification/purchasing system automatically identifying a music selection providing the closest match from music contained in the music database to said transmitted segment of music; h) the consumer receiving purchasing information from said music identification/purchasing system related to the music selection providing the closest match; i) the consumer transmitting at least one music item selection and payment information to said music identification/purchasing system; and j) the consumer receiving said music item selection.

Description:

FIELD OF THE INVENTION

This invention relates to a music identification system, specifically to a method for marking the time and the name of the radio station in portable device such as a key holder, watch, cellular phone, beeper or the like which will allow the user to learn via internet or regular telephone the name of the song, artist and/or music company by matching the stored data with broadcast archive. The system will allow for purchase of identified segment.

BACKGROUND OF THE INVENTION

Often a person hears a song, or part of a song that they would like to buy but they are unfamiliar with the name of the song or the singer. The music could be on a car radio or any other places where you might hear music. Even if you had the means to copy a segment of the music, you would still need to find someone familiar with the song to enable you to find and purchase the recording. With the number of musical recordings available, this could be an impossible task unless the song is known or popular. More often than not, the song is forgotten and perhaps never heard again. This represents lost sales to the recording industry and lost entertainment to the potential customer. As such, there is a need for a system allowing a person to learn who and what was playing on a given radio station at a specific time.

SUMMARY OF INVENTION

An object of this invention is to provide the listener with convenient means to record the name of radio station and time when the wanted music was played. Another object of this invention is a system that receives the recorded data via phone or internet modem and searches the radio station archives to inform the listener regarding the name of the artist, album or producer.

Another object of the present invention is an apparatus or system that can provide purchasing information and allow the user to directly order the item.

Another object of this invention is to provide the listener with convenient means to record a segment of the music in which he/she is interested.

Another object of this invention is a system where the recorded music segment is played back into an apparatus which can identify the song based on the play back and provide the user with information on the identified song such as title, singer or artist, composer, producer, etc.

These along with other objects and advantages of the present invention will become more readily apparent from a reading of the detailed description taken in conjunction with the drawings and the claims.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 shows a flow chart of one embodiment of the music identification method of the present invention;

FIG. 2 shows a top perspective view of a keychain recording device according to an embodiment of the present invention;

FIG. 3 shows a perspective view of a kiosk computer system according to an embodiment of the present invention;

FIG. 4 shows a flow chart of the computer identification process of an embodiment of the present invention;

FIG. 5 shows a flow chart of the music identification process of another embodiment of the present invention; and

FIG. 6 shows a top perspective view of a recording device according to an embodiment of the present invention.

DESCRIPTION OF PREFERRED EMBODIMENTS

Embodiments of the present invention are explained in detail hereunder referring to the drawings. In one embodiment, the recording device will be a key chain (similar to the one shown in FIG. 1 ), a watch, a cellular telephone, a beeper or a like device allowing for verbal recording. Referring now to the flowchart depicted in FIG. 5 and the recording device of FIG. 6, the recording device 70 is used by pressing a button 72 to record the name of the radio station in a simple word 62 and then pressing a button 74 that will record actual time of recording or optionally the time can be verbally recorded by the user 64 using microphone 76 , for example, “w w d k nine one point seven Cleveland” or “nine nine point four Pittsburgh”. Recording in simple words describing the numbers, letters, and city names will allow for standard computer recognition of transferred data into the system.

In another embodiment, the recording device 70 will have a telephone like key pad 78 (not required for the cellular telephone) allowing the user to enter in to the memory numbers identifying the radio station and the numeral city code 62 .

In both cases, the device would have a telephone beeper or speaker 80 allowing for simpler data transfer 66 into the processing system (no modem or access to the computer required). The user can lift a telephone receiver and press send or transmit button 82 to automatically dial the proper 800# (or 888#), user ID number, and recorded station information.

The feedback 68 allowing for purchase of wanted and unknown music would arrive to the user via e-mail or through regular mail via an automatically generated and printed post card.

In another embodiment, new digital radio manufacturers would provide for a “signal port” 84 on the face of the radio receiver (mechanical electronic connector or infrared port). This would allow for digital recording of the sample of played music by plugging the device into the port or by infrared data transfer holding the device near the port.

In this case, automatic matching with digital music files would allow for recognition of wanted music without access into the radio station archives. The drawback would be a requirement to transfer the samples digitally via modem.

Referring now to FIG. 1, a flow chart shows the method of the present invention comprising the steps of recording a music segment 50 , transmitting a playback of the recorded music segment into a microphone 52 , identifying the recorded music segment 54 , reporting information related to the identified music segment 56 , providing options 58 to obtain additional related information or to obtain an identification of another recorded music segment, and providing purchasing information 60 including the means to direct order the selected musical works. The steps are described in detail below.

Referring now to FIG. 2, a recording device 20 is shown attached to a keychain 15 . The recording device 20 can be either digital or analog. The recording device 20 can be of any known type or configuration, which is convenient to store on a person, in a pocket or purse such. With the continuing miniaturization of chips, the recording device 20 could easily be configured as a credit card or any other configuration, which is typically carried by a person on a continuous basis. When a song that the user wants identified is playing, the user need only press the record button 22 on device 20 and hold the microphone 24 of the device near the source of the music. When a sufficient segment is recorded 50 , the user presses the stop button 26 to end the recording. The song can be replayed by pressing the back (digital) or rewind (analog) button 28 and then pressing the play button 30 and listening to the speaker 32 . Any device capable of recording and playing back a music segment would be acceptable for use with the present invention.

Referring now to FIG. 3, once a segment of music has been recorded 50 , the listener can go to a computer or music identification kiosk 10 having a computer interface 12 and replay or transmit the music 52 into a microphone 14 of the interface. In one embodiment, the interface 12 is connected to an automated database 16 over the Internet. The automated database 16 uses a central processing unit and search stored information as known in the art to analyze the music segment and compare it to stored works until a match, matches or near matches are found and the music segment is identified 54 . One such system is disclosed in U.S. Pat. No. 5,918,223 although other systems and searchable audio databases as are known in the art may be used. It is important to note that the identification step 54 performed by the automated database 16 could just as easily be one or more music “experts” or disc jockeys seated in a room that listen to the recorded music segment and identify the song based on their memory and knowledge of music. Once the music segment is identified 54 , the information related to the song, i.e. title, artist, etc., could be supplied to the customer 56 directly or entered into the automated database where the information, and any specified related information is supplied to the customer 56 .

It is also contemplated that the user can access the automated database 16 directly over the telephone. The user would call a specified number and follow instructions provided by the automated database 16 . When prompted, the user can playback the music segment 52 into the telephone microphone. The automated database 16 would then identify the music segment and report the results back over the telephone 56 . The telephone access to the automated database is configured to allow additional related information and options 58 to be accessed, including ordering information 60 , just as with the other embodiments.

Often, the quality of the recorded music segment may be poor as the recorder may also record background noise from other sources such as the car engine, noise from other cars, people talking, etc. The automated database system 16 includes noise reduction filters (not shown) as known in the art, to filter out any background noise in the recording which may inhibit the system from finding a match. In one embodiment, the automated database 16 will search and identify at least one characteristic of the song, such as the melody, and retrieve all songs which match the particular identified characteristic. The search would thus retrieve a song or melody produced by various artists or different recordings produced by the same artist at different times. However, it is contemplated that the database 16 is capable of recognizing specific artists. The database 16 can provide the user with information on the identified song such as title, singer or artist, composer, producer, etc. which can be browsed or selected from a video monitor screen 38 using either a touch-screen or control buttons 40 . It is contemplated that in addition to the song from the music segment, the user will have additional options 58 such as, but not limited to, the ability to search for other works by the same artist, or the same song by different artists and be able to play portions of these works on a selectable basis through a speaker 34 or attached headphones 36 . The user also has the option 58 of transmitting an additional music segment 52 to be identified 54 . In certain embodiments, the automated database 16 may also provide the cost and/or location of the identified or selected music for purchase 60 . If preferred, the user can order the selection through an ordering system 48 of the automated database 16 and pay by conventional means such as swiping a valid credit card through a scanner 18 attached to the computer interface 12 . The database 16 may also provide the user with an additional music segment to confirm the identity of the segment initially supplied by the user.

It is contemplated that the automated database 16 can exist as a stand-alone unit within the music identification kiosk 10 either such that the database would be located on site or at a centralized computer located off-site. The automated database 16 would be updated on a periodic basis to include newly released music 44 and the latest price and availability 46 . All new music would have a digital code in the background to allow for simple recognition software as is known in the art.

In a typical scenario, the kiosk 10 would be located in a retail store. Potential customers wanting to identify a music segment would be able to use the kiosk 10 to identify the music segment and locate the music within the store.

It will also be possible to directly access the automated database 16 directly from a personal home computer 42 over the Internet.

1 posted on 05/14/2009 8:04:14 PM PDT by Swordmaker
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To: ~Kim4VRWC's~; 1234; 50mm; 6SJ7; Abundy; Action-America; acoulterfan; Aliska; aristotleman; ...
Another absurd patent issued to a guy who hasn't a clue as to how the technology would work that is now being used to sue those who actually have a product... PING!

Apple is dragged into the suit because Shazam! is available as a FREE App on the iPhone.

I've included the patent in the first comment. See if you can squeeze what the patent claims to do into what Shazam! actually does.


Another iSuit Ping!

If you want on or off the Mac Ping List, Freepmail me.

2 posted on 05/14/2009 8:07:29 PM PDT by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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To: Swordmaker
Here is the guy who has a real claim. He's a Captain and he works for DC Comics.


3 posted on 05/14/2009 8:16:20 PM PDT by InterceptPoint
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To: Swordmaker

I may be missing something, which is usually the case, but didn’t the article say that Shazam was founded in 2002 and this guy didn’t file for the patent until 2005? Seems to me, unless Shazam wasn’t doing what it is doing now back then, that Shazam was 3 years ahead of this guy.

Am I missing something?


4 posted on 05/14/2009 8:21:08 PM PDT by MissouriConservative (Let the purging of the RINOs begin in 2010. - MissouriConservative)
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To: Swordmaker

The “inventor” really has no clue as to how this could be accomplished... what technologies need to be brought into play are beyond him. He even suggests that the recorded snippet could be uploaded by the user or even telephoned in and played to a panel of ex-DJs or music experts who would remember the song and then send the information to the user.

This is not an invention. If they allow “inventions” such as this before AG Bell invented the Telephone, someone could have said patented the idea for talking over a distance using “some system”... which might include hiring people with REALLY loud voices to repeat what you say, yelling it over a megaphone... and then sue Bell for infringing their “invention” of long distance talking.

It is well past time to require again that inventors MUST show a working model of their invention... and prohibit the patenting of business plans.


5 posted on 05/14/2009 8:21:09 PM PDT by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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To: Swordmaker
The automated database 16 uses a central processing unit and search stored information as known in the art to analyze the music segment and compare it to stored works until a match, matches or near matches are found and the music segment is identified 54 . One such system is disclosed in U.S. Pat. No. 5,918,223 although other systems and searchable audio databases as are known in the art may be used.

So basically U.S. Pat. No. 5,918,223 is the useful part that actually matches the tune, and this guy simply patented the profound and novel idea of creating a portable device to use that technology?

6 posted on 05/14/2009 8:22:43 PM PDT by Arguendo
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To: Swordmaker

Sigh. Another patent troll. These people are the worst kind of scum.


7 posted on 05/14/2009 8:23:28 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: MissouriConservative
Am I missing something?

You are. It was granted in 2005. The "inventor" submitted it (applied for a patent) in 2000.

8 posted on 05/14/2009 8:23:47 PM PDT by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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To: ShadowAce

ping.


9 posted on 05/14/2009 8:26:16 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Swordmaker

” You are. It was granted in 2005. The “inventor” submitted it (applied for a patent) in 2000.”

Ah, I knew I always miss something important. Will teach me to read a little better.

Thanks.


10 posted on 05/14/2009 8:29:19 PM PDT by MissouriConservative (Let the purging of the RINOs begin in 2010. - MissouriConservative)
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To: Arguendo
So basically U.S. Pat. No. 5,918,223 is the useful part that actually matches the tune, and this guy simply patented the profound and novel idea of creating a portable device to use that technology?

It looks to me that what you describe is the case. Patent No. 5,918,223 does indeed describe the comparison of a music recording file to a database of pre-analyzed music files. It shows the method and routines for comparison to identify the unknown music recording by matching its tempo, instruments, and waveform to the database. The one being used in the lawsuit is entirely derivative and is absurd.

11 posted on 05/14/2009 8:30:31 PM PDT by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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To: Arguendo
The patent itself describes the method the "invention" uses:

"This invention relates to a music identification system, specifically to a method for marking the time and the name of the radio station in portable device such as a key holder, watch, cellular phone, beeper or the like which will allow the user to learn via internet or regular telephone the name of the song, artist and/or music company by matching the stored data with broadcast archive. The system will allow for purchase of identified segment.

Since Shazam! does not use this technique—storing a Radio Station ID and a Time Stamp to compare to an online database of Radio Stations and their actual broadcast times to see what music was being played at that time on that station—to identify the unknown music, Shazam! cannot possibly be infringing this patent.

12 posted on 05/14/2009 8:39:09 PM PDT by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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To: Swordmaker

I see a couple of problems with this suit...

1. - Shazzam is a FREE app - so I don’t see where Apple made a profit from it directly (though I believe it would direct you to iTunes to buy the song).

2. “a music identification/purchasing system, specifically to a method for marking the time and the name of the radio station in portable device such as a key holder, watch, cellular phone, beeper or the like which will allow the user to learn via internet or regular telephone the name of the song, artist and/or music company by matching the stored data with broadcast archive.”

How does Shazam work? Does it actually identify the radio station? I don’t think so, because it supposedly will identify music from any source - radio/cd/etc. But I don’t know for certain... the technology is way past my understanding.


13 posted on 05/14/2009 8:39:27 PM PDT by TheBattman (Pray for our country...)
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To: TheBattman
How does Shazam work? Does it actually identify the radio station? I don’t think so, because it supposedly will identify music from any source - radio/cd/etc. But I don’t know for certain... the technology is way past my understanding.

I tried it on a live symphony performance several moths ago. It was able to identify one piece out of four performed, but could not specify artist or label on the one it identified... because the performance and that particular rendition were not part of the database Shazam! uses. It does NOT use any specific radio station's broadcast schedule list (which is usually used to pay royalties to performers, arrangers, and authors of played music, as well as establish advertising follow through).

14 posted on 05/14/2009 9:28:51 PM PDT by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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To: Swordmaker

Shazam doesn’t use or need any hidden broadcast tones to identify music. Nor does it identify the radio station. It just hashes a sort of digital fingerprint or signature of music from any source and compares it with a known library of such signatures. It’s a damn clever and useful application and I’d hate to see it shut down by a patent troll.


15 posted on 05/14/2009 9:41:45 PM PDT by ccmay (Too much Law; not enough Order.)
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To: ccmay

BINGO! Give the man a cigar...


16 posted on 05/15/2009 12:06:17 AM PDT by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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To: ccmay; antiRepublicrat; TheBattman; Arguendo; MissouriConservative; bamahead; InterceptPoint
It's Prior Art... Developed by Sony before the Fall 2000 Comdex Show (November 13 to 18, 2000) where it was FOR SALE for $19.95 in exactly the format that this patent squatter (I think patent thief could be the proper phrase) describes. He submitted his patent before Comdex, on October 5, 2000, but Sony is notorious for patent filings before they put products on the market. Here is an article from September 2001 about Sony's $19.95 eMarker that works EXACTLY as described in the patent!


Sony eMarker: How a Clever System Works

An example of a system that puts the appropriate intelligence at the right places, and uses the Internet in ways that show the future.
The product is the Sony eMarker. To quote from the back of the package:
What is eMarker? eMarker is a service that allows you to bookmark songs off of your favorite radio stations... When you hear a song on the radio that you like, just push the button on the eMarker. Later, when you want to find out what song you heard and liked, plug the eMarker in to your PC. Our website will tell you what you heard...[Then you can buy a copy if you wish...]
- eMarker package

The device sells for $19.95. Here is a picture of it:

 
The eMarker, front and back
You can see the LCD display with dots representing each "eMark". You may create up to 10 eMarks before it's full. At any point you can connect the device to a Windows 98 PC. The end of the device pulls off to reveal a USB connector. You can plug it directly into a PC or a cradle that acts as a USB extension cord (it comes with the cradle). Here it is plugged into a laptop's USB port:

 
End of eMarker removed, plugged into USB port
Assuming you have installed the required USB driver and are connected to the Internet, your PC is automatically taken to the eMarker.com web site and a Flash application is launched. Your latest eMarks are uploaded to your "account" and displayed:

eMarker software running on PC
Here is a close-up. On the way to work, while listening to the car radio, I pressed the eMark button three times. Twice around the same time while listening to two different radio stations, and once a little later while listening to the first. After bringing up the list on the screen, I changed the default radio station for the middle song from 98.5 to 107.9 to get the correct song:

Three eMarks on the screen
For each song there is (often) a button to press to read more about the artist/album that was the source of the song, as well as a button to press to play a 30 second clip from the song. You can also press buttons to see the song played before or after the selected song on that station, as well as change the station you are checking, or buy the CD. The service is free.

The company that developed this, eMarker.com LLC, is a wholly owned subsidiary of Sony based in San Francisco. It was founded by Yuichiro "Woody" Deguchi, a long-time Sony executive. Prior to Sony, he worked at Osaka Japan's largest FM radio station, where he was in charge of translating the music news into Japanese from English.

How does it work?
When you first tell somebody about this system, they seem to always guess that the device is very "smart" and somehow detects which song is being played by "listening" to it. That would be quite expensive and difficult to do: lots of processor power, great microphones (and how do you deal with people who listen on earphones?), and more. You couldn't do that for $19.95 today. So, how is it done?

The key to all this, of course, is the time. When you press the eMark button on the handheld device it records the time. When you upload the eMarks, the system can determine the actual time you pressed it (using deltas), as well as your ID (each device seems to have an ID). When you sign up (it's free -- they just need a "name", "email address", and zip code) you specify which station to use as your default, as well as some alternates. I chose 98.5 for this example.

 eMarker just compares the time it computes for when you pressed the button with information it knows about what was playing on your station at that time, a relatively simple procedure.

There is a separate service, Broadcast Data Systems (BDS), that provides the playlists (time and song) for over 1,100 radio stations (mainly popular music). BDS gets their information by having computers around the country that "listen" to a number of radio stations. Using a proprietary algorithm, they create "signatures" for songs as they are played, and compare them to songs in their database. This happens relatively quickly -- the eMarker web site can find songs only 10 minutes after they've been played on the air. For some stations, they can take 24 hours while they use other means to get the playlists. 98.5 is one of the "good" stations, which is why I used it. Many stations in Boston are "good". You can learn more about BDS from their web site, especially the "All About BDS" page.

So, here's a diagram of how this system was constructed:
Boxes showing flow of data from devices and things being measured to servers
Diagram of eMarker system
What do we learn?
A thing to learn from this is how they gathered the most basic and minimal amount of information from the user and used another service that was specifically constructed to capture the other data needed. That service is actually used for a variety of other purposes that, in themselves, pay for its deployment. The eMarker server takes your personal information and merges it with the information from the other service, and presents it in a format most useful to you. (Actually, there are yet other services integrated here at the server level, such as linking you to the music clips -- DiscoverMusic.com -- and external eCommerce sites -- including Amazon.com and CDnow.com.)

In addition to doing the right thing at the right place in the system, we also see that you need to know how to break a problem down into its component parts, and solve each problem in the appropriate way.

I like how such an extensive system seems to be built of very simple parts. It uses the computer-to-computer connectivity of the Internet in several ways and between different types of specialized devices. Special hardware (an "appliance") was created, but very simple, inexpensive, and appropriately sized to the task (it's on a key chain to keep with you). The "intelligence" for recognizing the songs is kept in controlled machines that can be easily upgraded, and the user interface is server-controlled so it can be improved over time. A great example of the next generation of applications.

September 2001:

In May, they added Mac support. On August 20, 2001, Sony sent an email to registered eMarker users announcing the upgraded eMarker 2.0 web site (it removed the Flash and added new features). On September 4th, they sent an email announcing that they will discontinue the service at the end of September 2001 (see the CNet story).


Then, I got curious and did a Google search for Sony eMarker. Guess what I found! Amazon was selling the eMarker 11 Months BEFORE this crook filed for a patent on the exact same device!


Product Details
Shipping Weight: 1 pounds
Shipping: Currently, item can be shipped only within the U.S. and to APO/FPO addresses. For APO/FPO shipments, please check with the manufacturer regarding warranty and support issues. ASIN: B00004WIMW
Average Customer Review: 2.9 out of 5 stars See all reviews (124 customer reviews)
Amazon.com Sales Rank: #52,391 in Electronics (See Bestsellers in Electronics)
Discontinued by manufacturer: Yes
Date first available at Amazon.com: September 4, 1999


Game, Set, and Match. With this info, winning this lawsuit will be a slamdunk.
17 posted on 05/15/2009 1:23:33 AM PDT by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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To: Swordmaker

sm,
Did Sony actually patent their gizmo?

Seems the entire patent process needs a rework.
Maybe Obama can fix it...


18 posted on 05/15/2009 6:15:07 AM PDT by aMorePerfectUnion ("I, El Rushbo -- and I say this happily -- have hijacked Obama's honeymoon.")
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To: aMorePerfectUnion
Did Sony actually patent their gizmo?

Sony has always been an aggressive patenter. I doubt that a product they sold for TWO YEARS was not at least patent applied for. In any case, THIS patent is a blatant rip-off of a product Sony had on the market almost a full year before this bozo applied for his "invention."

19 posted on 05/15/2009 7:35:56 AM PDT by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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To: Swordmaker

“In any case, THIS patent is a blatant rip-off of a product Sony had on the market almost a full year before this bozo applied for his “invention.”

If Sony had a patent, I am surprised that another
patent was issued.

In either case, that is exactly why we have courts -
to decide contested issues like this.

best,
ampu


20 posted on 05/15/2009 10:02:50 AM PDT by aMorePerfectUnion ("I, El Rushbo -- and I say this happily -- have hijacked Obama's honeymoon.")
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