If I were Podcast Ready, all I could say is “Thank you Apple!” As could be predicted, the blogs are buzzing with reaction to the C&D letter Podcast Ready received from Apple’s legal department. Now I admit, I am a silver lining kind of guy so let’s just look at this.
1. A C&D letter is just that, a letter. C&D letters go out all the time without resulting in legal battles. Yes it carries a threat of potential legal action from Apple, but that is the reason it is so valuable. You can’t buy publicity like this. Podcast Ready, which up until now had to compete with the rest of the world via press releases for attention, just got an “e-ticket” ride to major media coverage. “Thank you Apple!”
2. For all the podcasters who never knew or heard of Podcast Ready, they have now. I don’t use any of their software or services nor had I dug too deeply into their website, but I did yesterday. My guess: there are many new Podcast Ready “experts” around the net today. “Thank you Apple!”
3. The timing could not have been better. Podcast Ready made, for them I have to believe, a major investment in being the lead sponsor at this coming week’s Podcast and Portable Media Expo. Their booth will be front and center as the throngs of podcasters and podcast fans stream into the exhibit hall. Most will now stop by to share their thoughts and sense of solidarity. Who knows, maybe they will become customers or users as a result. “Thank you Apple!”
4. This is a P.R. person’s dream. All the press in attendance at the Expo will now have a juicy question to ask the Podcast Ready team and I bet they will spend the next few days crafting a response. (Always nice to have a week to craft a “spontaneous” answer to a question you know you will get.) You can have a field day coming up with responses; they should start a page on their blog and make it a contest. “Thank you Apple!”
5. Since, this is the first time the story involves the term “pod” as part of the larger word “podcast” there are many people who have a vested interest in the outcome. That means each time they post about this, comment in a presentation or speak to the press, they will be referring back to Podcast Ready as the genesis of the story. “Thank you Apple!”
6. At the extreme, every time someone smashes their iPod in protest, people will think of Podcast Ready. “Thank you Apple!”
I am struggling to find the downside. Even if they do cave and change their name I bet they could come up with a way to get Apple to pay the freight and then some; Apple does not want to loose this one, it is not worth the gamble. My real question, when is Danny Gregoire, the one guy who can make a claim for a trademark on the term going to send his C&D to Apple?
Waiting for the other shoe to drop — imagine if say, Lycos, owner of the venerable “tripod.com” hosting service threatened to sue Apple for dilution of THEIR trademark — after all “tripod” and “ipod” could get as confused as “ipod” and “pod” and “podcast”, right?