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Ever since he gained attention playing with George Benson as a teenager in the early '70s, guitarist Earl Klugh has been quite popular and famed for his pretty sound. Klugh, who has several times stated that he does not consider himself a jazz soloist, generally records melodic and lightly funky material that fits into the easy listening music he enjoys playing. On this particular CD, the main departure from his usual recordings is that Klugh wrote all 11 songs. Joined by a large and sympathetic rhythm section plus an occasional saxophonist, Klugh does not take any chances or depart from his usual formula, creating superior background music that will please his fans. ~ Scott Yanow, All Music Guide
Burst bites back in Apple fight
Company rejects patent claims made by the House of Jobs, saying that iTunes has infringed on its patent.
Another day, another legal battle for Apple and its vaunted digital music business.
Already in a legal fight with the Beatles' record company over its use of the apple logo in its iTunes Music Store and facing a legislative left hook from the French government, Apple faced a lawsuit today in an ongoing patent battle with technology firm Burst.com.
Burst, which makes software that helps companies speed up the delivery of audio and video files over a network, first approached Apple in late 2004 to see if Apple wanted to obtain a license for its audio and video delivery platform called Burstware. The centerpiece of Burst's offering is the delivery of audio and video over the Internet faster than real time--the ability to send a one-hour video over a network in just a few minutes, for example.
Apple rejected Burst's claims of infringement, saying in its own declaratory judgment in January that it wasn't infringing on Burst's patents.
"In late 2005, in at least one written communication, Burst.com's attorneys threatened litigation against Apple," the complaint stated. "Apple denies that any of the patents in [the] suit are or have been infringed by Apple and disputes their validity."
Burst disagreed and filed its own complaint Monday in federal court in San Francisco, arguing that Apple's iTunes, iPod, and Quicktime streaming software all infringe on patents held by Burst.
Burst is asking for unspecified damages as well as an injunction preventing Apple from continuing to infringe on the Burst patents.
"Apple has, without authority, consent, right or license, and in direct infringement of the Burst Patents, made, used, offered for sale and/or sold the methods, products and systems claimed in the Burst Patents in this country," the complaint stated.
This is not the first time Burst has squared off with a tech titan over patents.
The company was involved in a similar patent infringement dispute with Microsoft last year and ended up landing a $60 million payment for a non-exclusive license of the technology.
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