E-Data Sues Microsoft And Others Over Music Download Services

by Glen Shapiro, LawAndTax-News.com, New York

15 October 2003

New York-based firm, E-Data filed a lawsuit against Microsoft, Tiscali, and the OD2 digital music company in Germany last week, alleging that music download services offered by the three organisations to European internet users infringe on its patent.

The patent in question, granted to the firm in 1985, covers the transfer of data to a remote location, from which it is transferred to a material object. Although the mere fact of downloading a song to a computer's hard drive does not constitute an infringement, the recording of said song onto a CD or other medium does, E-Data has argued.

"[Microsoft, Tiscali, and OD2] are offering downloads of music over the internet, which can be downloaded onto CDs for a fee. We believe that violates our patent," spokesman for the firm, Gerald Angowitz explained.

In addition to Germany, E-Data's patent is valid in Austria, Belgium, England, France, Italy, Luxembourg, the Netherlands, Sweden, and Switzerland. Although it expired in the United States in January of this year, Mr Angowitz revealed that the NY firm plans to look at companies offering similar services in 2002 and before.

"We'll likely take action to protect our past rights in the United States in a not too distant future," he warned.

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