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Craig Agranoff

Apple Patent Could Mean Confiscated iPhones

Written by Craig Agranoff
4/27/2010 33 comments
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Apple Inc. (Nasdaq: AAPL) has submitted a patent for an iTunes-type concert ticket system process. The patent (detailed on the blog Patently Apple) covers everything from purchasing tickets on a phone to using kiosks, coupon systems, physical ticket cards with RFID, and enhanced consumer experiences.

Despite being called "Concert Ticket +," the process Apple’s looking to patent covers ticketing for every type of event imaginable, including sporting games and private wedding parties. You know, all those events that don't allow cameras inside (back to that issue in a minute).

Event ticketing may only be the precursor to what Apple has planned, however, with its huge iTunes outreach and with the multiple systems outlined in its new patent.

The patent was originally applied for in 2008 and only recently released. It's likely too broad to be enforceable, though that hasn't stopped Apple before -- MP3s were not new when iTunes started, and many of Apple's mobile patents are being court-tested as unenforceable. Case in point: the current fight between Apple and HTC (makers of the Google Nexus One phone, among others).

Still, Apple has won mobile patent suits in the past, so this new one may not be as loose as some could think. And Apple's patent strength may hinge on the proposal to patent an all-in-one solution (like the original patents for the iPhone), rather than as individual parts to a whole.

Mobile phone ticketing systems are not new and predate even this patent's filing. In 2007, a year before Apple's patent was filed, the Washington Nationals and Tickets.com came together to offer tickets via mobile phone.

They are not alone. US rail system Amtrak, European rail systems, some airlines, and even a few concert venues like Carnegie Hall have mobile sites and ticketing systems already in place. Ticketmaster offers both Web-based and kiosk-enabled purchasing for events and venues but does not have a specific mobile application for doing so (outside of a Web-enabled mobile site). Ticketmaster also definitely does not incorporate radio frequency ID tags into their plans, as does the Apple patent proposal.

Despite everything it covers, there seems to be a large, glaring hole in Apple's concert ticket plans: The iPhone is a camera, and cameras aren't allowed in most concerts and theaters.

Apple may not have considered this loophole. For example, if I use its system to purchase tickets to a Rolling Stones concert and then must use my phone to show the ticket at the gate in order to get in, will the gate guards then be obliged to confiscate my phone or refuse me entrance because my phone is also a camera and video recorder -- which are not allowed into the event?

I wondered about this, but was unable to get a response from Apple's press office by phone or email before publication. But I did find cases online where camera phones are specifically banned from events. One blogger in Canada asked a legal research chair at the University of Ottawa whether video clips taken at a concert (for personal use) are OK and got a resounding “no." And a listing for a small concert club in Salt Lake City specifically says that no cellphones are allowed at all.

I'm sure there are many other examples. In my mind, unless the music industry's attitudes toward cameras and video recorders changes dramatically, this will make Apple's new patent... well, patently useless.

— Craig Agranoff is an entrepreneur and national social media consultant as well as a published specialist in online reputation management and monitoring.

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pjpugliese
IQ Crew
Sunday May 2, 2010 11:29:49 AM
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I think there will be user complaints even if there is a way to re-active the camera when leaving an event early. I think disabling features on users' phones would push them away from this technology.

If presented with these options, I'd go with B. 

A - Use phone to purchase & validate ticket = camera disabled at event.
B - Buy ticket online and show print out = camera and phone features fully enabled.

pjpugliese
IQ Crew
Sunday May 2, 2010 11:24:25 AM
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That's a key point: They really only care about the intend to re-use material for a profit.

With the rise of social media and networking it's very common for someone to post a short clip of a concert or show on YouTube or Facebook. I don't think promoters should be concerned with that.

Allen_Falcon
IQ Crew
Sunday May 2, 2010 7:17:14 AM
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Actually, the content and performances are protected by copywrite.  Recording and re-use is illegal. 

Enforcement is based on intent. 

Hence, security doesn't care if your record a few clips for your own personal use; they care greatly if you record and distribute, particularly if you are selling the content.

The move industry is cracking down on those that record movies in theaters for black-market DVDs.  Concerts and plays have long announced that recording is not permitted.

 

kq4ym
IQ Crew
Friday April 30, 2010 10:40:34 AM
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There seems to be a disconnect if patent applications and just what is really unique. Seem that too many are trying to patent anything under the sun hoping the courts might just be liberal enough to allow our patent rights to survive a court battle. We need more common sense on the part of companies and their attorneys.

Taj Malik
IQ Crew
Thursday April 29, 2010 6:51:46 PM
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Ok I see. it was based on a comment. It didnt really happen.

Dr. John
Thinkernetter
Thursday April 29, 2010 6:34:53 PM
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Taj:

It's all speculation, at this point.  The comment that started it all is a few pages back.

Taj Malik
IQ Crew
Thursday April 29, 2010 3:49:54 PM
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Either I am Slow or Ive just been working to hard. When And Where has there been an event that has attempted to block the entrence of the iPhone. Whats the deal here? Does it need an ID for enterence? or does it have to be over 21? I dont get it, how in the world Do concert promoter choose to deal with this? What a head ache this will create, amoung others Law suites and problems this will create at entrence gates.

Dr. John
Thinkernetter
Thursday April 29, 2010 2:55:46 PM
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Allen:

It's not illegal - It's against the rules.  Big, huge, collossal difference. 

Besides, if I wanted to record the concert, I've got a fountain pen that has a built in penhole cam, and 4gb of memory. I've also seen glasses that have built in cams.

Short of stripping people at the gate, and making them go nude, they can't stop recording from happening.

Dr. John
Thinkernetter
Thursday April 29, 2010 2:51:33 PM
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torriatte:

I'm with you on that one - There are several phones that are comparable, that I like better, simply because they're NOT a closed ecosystem.  I can get aftermarket parts/accessories (firmware updates killing unapproved accessories, like chargers), and am not limited to what the manufacturer thinks is useful software.

Chris Poley
Thinkernetter
Thursday April 29, 2010 8:05:48 AM
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Why all the fuss about photos being snapped at concerts?  The black/grey market has been around for decades for these pics.  Security is more porous than a sponge. Infact security needs the scrutinizing as payola is so pervasive it’s laughable.

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