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==Lawsuits== | ==Lawsuits== | ||
The commercialization of CDDB by Gracenote also caused friction with its former licensees. In ], Gracenote sued ] for breach of contract when Roxio tried to switch to ]. The case was settled in ]. |
The commercialization of CDDB by Gracenote also caused friction with its former licensees. In ], Gracenote sued ] for breach of contract when Roxio tried to switch to ]. The case was settled in ]. | ||
In ], Gracenote sued its former licensee, ], for breach of contract and patent violations. Musicmatch filed a counter-suit against Gracenote. The Northern District Court in California ruled on ], ] in favor of Musicmatch. A summary judgement found that Musicmatch's CDDB replacement service does not violate Gracenote's patents. The court also found significant evidence that Gracenote may have obtained its patents fraudulently. is available online. The case was settled in ] after Musicmatch received summary judgement on all of Gracenote's patent claims. The lawsuit is summarized at the website within Mr. Robert D. Becker's list of representative cases. | |||
==Competition== | ==Competition== |
Revision as of 04:25, 1 May 2005
- For the topic of grace notes in music, see ornament (music).
Gracenote is a commercial enterprise which maintains and licenses a database containing the contents of CDs. The database is accessible online over the Internet. As of 2005 many computer software applications that are capable of playing CDs use Gracenote's CDDB or similar services such as All Media Guide's AMG LASSO, or open-source projects such as FreeDB and Musicbrainz. These programs generally offer the option of contributing track listings, and most of the track listings in the Gracenote database are voluntary contributions by individual users of CD-player software.
Background
Gracenote began in 1993 as an open-source project involving a CD player program named xmcd and an associated database named CDDB. xmcd and CDDB were created by Ti Kan and Steve Scherf. Because CDs do not contain any digitally-encoded information about their contents, Kan and Scherf devised a clever technology which identifies and looks up CDs based on TOC information stored at the beginning of each disc. A TOC, or Table of Contents, is a list of offsets corresponding to the start of each track on a CD. The matching is fuzzy and tolerates some variation in track offsets.
Some computer users who have copied vinyl LPs from their turntables onto CD-Rs have been astonished to find their computers correctly displaying the titles and track listings when these CD-R's are played on their computer. This happens when a commercial CD is a remastered version of an LP, containing the same tracks in the same order. If the track offsets of the homemade CD match the track timings of the commercial CD to within a second, the CDDB database can identify the CD successfully.
Controversy
In 1998, Kan and Scherf incorporated CDDB into a privately held company with investment from Escient, a high-tech venture firm. CDDB was then renamed Gracenote. The maneuver was and remains controversial, because the CDDB database was and is built on the voluntary submission of CD track data by thousands of individual users, who receive no compensation for their work. Initially, most of these were users of the xmcd CD player program. The xmcd program itself was an open-source, GPL project, and many listing contributors assumed that the database was free as well. However, at some point the code for xmcd was modified to append copyright notices to all submissions. How visible or open this was to contributors remains a matter of debate. Rightly or wrongly, many contributors of track listings were angered at the transfer of these listings to a profit-making entity which proceeded to make money by charging license fees for access to a database of track listings which individuals had contributed for free.
As of 2005 Gracenote claims that its database contains information on several million CDs. This number has been disputed, however, since user-entered databases such as Gracenote's have few quality controls to prevent duplicate entries of the same album with multiple incorrect spellings. Music industry experts have claimed that the actual number of released CDs globally since the introduction of the CD in the early 1980s is actually closer to six hundred thousand CDs, making Gracenote's claims seem dubious.
Lawsuits
The commercialization of CDDB by Gracenote also caused friction with its former licensees. In 2000, Gracenote sued Roxio for breach of contract when Roxio tried to switch to freedb. The case was settled in 2001.
In 2002, Gracenote sued its former licensee, Musicmatch, for breach of contract and patent violations. Musicmatch filed a counter-suit against Gracenote. The Northern District Court in California ruled on August 26, 2004 in favor of Musicmatch. A summary judgement found that Musicmatch's CDDB replacement service does not violate Gracenote's patents. The court also found significant evidence that Gracenote may have obtained its patents fraudulently. The Court Order is available online. The case was settled in 2004 after Musicmatch received summary judgement on all of Gracenote's patent claims. The lawsuit is summarized at the Manatt Phelps Phillips website within Mr. Robert D. Becker's list of representative cases.
Competition
Many of Gracenote's small former licensees moved to non-commercial services such as freedb because of restrictive terms and anger over the privatization of the company. Several large commercial licensees dropped Gracenote's service, such as Microsoft's Windows Media Player and Musicmatch Jukebox, and have moved to the commercial service provided by All Media Guide.
The AMG LASSO media recognition service was launched in late 2004 by All Media Guide. The service allows for the recognition of DVDs and digital audio files such as MP3s, as well as CD recognition, and directly competes with Gracenote in the software and embedded device markets globally.
Musicbrainz is also another music identification service that is open source and created by community contributions.