Walaika K. Haskins, of Newsfactor.com asks an interesting question:

Is Burst.com a Patent Troll?

On Monday, Burst.com filed a lawsuit against Apple Computer, alleging that Apple's iTunes Music Store, iTunes software, iPod music players, and QuickTime streaming software infringe on Burst's patents.

The suit, filed in Federal Court in San Francisco, countered a request submitted to the court on January 4 by Apple seeking a declaration that would invalidate Burst's patents and clear Apple of any claims of infringement.

Both lawsuits follow the breakdown of talks that began in December 2004 when Burst approached Apple in an attempt to broker a licensing agreement.

"We have a responsibility to protect our patents and to seek a fair return for the many years and tremendous investments in developing Burst technology," said Richard Lang, Burst.com's chairman and CEO. "Apple's actions have forced our hand."

It is clear the burst.com is no longer a software company and the investors are hanging out trying to hold other tech companies hostage. Such is their right as a patent holder. That Bust.com is a patent troll is a given. The question is, "Do they have a case?"

I have not studied the mets of the case yet but from the news accounts, I don't think they can touch the iPod, the iTunes Music Store or iTunes itself. Where they might have a case is with the Quicktime streaming server and the Quicktime player.

In any event, this is a non-story in the whole scope of things. Microsoft bought burst.com off in a similar case for a mere 60 million. If Apple thinks they have a slam dunk case, they can fight it. If they have any doubt, Apple writing a check for 60 million won't slow down the juggernaut they've been in the last 3 years.