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  • Playing the Angel

    • 8 out of 10
    • Depeche Mode
    • Oddly enough, Playing The Angel is a return to form for Depeche Mode, even though it may well be argued that they never truly deviated from their roots in their more recent offerings. In the

  • Kind of Blue

    • 10 out of 10
    • Miles Davis
    • The jazz album to end all jazz albums. Miles Davis and John Coltrane and Cannonball Adderly and the list goes on. The who's who of who's who in jazz have assembled for this monumental record. Get this
  • War of the Worlds

    • 10 out of 10
    • Jeff Wayne
    • With the new movie adaptation of H.G Wells' classic Sci Fi invasion tale, War of the Worlds, currently on theater screens everywhere, there's new interest in Jeff Wayne's rock opera version, and it is
  • Pretty Hate Machine

    • 8 out of 10
    • Nine Inch Nails
    • For years I wanted to make music that sounded like something between Love and Rockets and Ministry. In 1989, Trent Reznor beat me to it with this genre-defining album, and it smacked me upside the hea
  • Haunted

    • 10 out of 10
    • Poe
    • Dropping like a bomb on some of the blah musical offerings of her contemporaries, Haunted was one of the best albums of 2000, obliterating the competition.

      Ostensibly a tie-in to her brot

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ZapMedia Hits Apple with iPod/iTunes Lawsuit

ZapMedia Services filed a lawsuit against Apple on Wednesday that claims the Cupertino company is infringing on its patents with the iPod and iTunes Store. The Atlanta-based company filed its case in the Marshall Office of the Texas Eastern District Court -- a court well known for favoring plaintiffs in patent infringement cases.

The patents in question, numbers 7,020,704 and 7,343,414, describe a "System and method for distributing media assets to user devices via a portal synchronized by said user devices." That description also sounds strikingly similar to Apple’s iPod and iTunes Store.

ZapMedia Services claimed that it showed its technology to Apple in the late 1990’s, and that Apple subsequently released the iPod and later the iTunes Store without licensing the company’s patents.

Hill, Kertscher & Wharton’s Steven G. Hill, lead litigation counsel to ZapMedia Services, commented "The Complaint alleges that ZapMedia Services’ property is being exploited in a manner which is unlawful, and by law ZapMedia Services is therefore entitled to a reasonable royalty on Apple’s revenues related to the infringement."

Even though ZapMedia Services is based in Georgia and Apple Inc. is based in California, it’s no small coincidence that the case was filed in Texas. The Texas Eastern District Court has a history of favoring plaintiffs and for awarding steep damages. Both could work in ZapMedia’s favor since many big companies choose to settle out of court instead of risking the Texas Court fines.

Apple is sticking with its standard policy and has not commented on the pending litigation.

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