MWGblog

Via the Association for Downloadable Media (ADM) website, VoloMedia (formerly PodBridge) explained the patent just issued to them for “podcasting.” I use quotes because they say it is for “podcasting.” Patent #7,568,213 actually covers a “Method for Providing Episodic Media.” You know, like TV and soap operas. My guess is they posted it to the ADM website because no one noticed it on the VoloMedia website. Reading about this recent success just takes me down memory lane.

Remember when…

Adam Curry, Dave Winer and VoloMedia came up with that crazy idea about enclosures in RSS?

Or the time Winer, Christopher Lydon and VoloMedia really put it into practice?

Or when Doug Kaye and VoloMedia chatted and IT Conversations was born?

Or how about when Dave Slusher and VoloMedia spotted Dannie Gregoires’s RSS aggregation software using the agent name ‘podcaster’ and chimed “Podcasting! right on!” and podcasting got its name?

Wow! The memories…

I know when early on Todd Cochrane, Dawn & Drew, Dan Klass, myself and many others were trying to sort out how to podcast it was always the folks at VoloMedia who came to our aid to explain episodic media done right. Heck – they invented it!

All that initial media attention: NY Times, Wired Magazine, USA Today, CNN etc., etc. It was always our basic crew – plus the great guys & gals from VoloMedia.

You couldn’t help but bump into the VoloMedia team in the green rooms at conferences. In fact, I can’t think of a podcast conference I went to where I didn’t see their banners or leave without them forcing a VoloMedia branded shirt and pen on us.

Those VoloMedia folks are awesome! They always covered the bar bill. The stories I could tell.

Those were the days…

How about the time an overly VC funded company tried to carve out an island of potential IP defensibility and future for litigation based revenue via a broad patent?

Good times, good times….

VoloMedia can claim whatever they like, good for them. IP claims like this can be used in many ways. Nuisance litigation, acquisition value etc. etc. Prior art from many listed above will be an issue but it comes down to dollars and sense.

The big loser in my opinion is the ADM. Who in the world agreed to post this to their site? Recent “notes”, “updates” and “clarifications” aside they gave it credibility under their name as an organization, an organization supported by the very people who will likely take issue with it and litigate it. No one paid this any notice until it was on the ADM site. Well played VoloMedia. The ADM folks are all smart people, how they allowed this to happen baffles me.

What am I doing about it? I’m adding podcasting/episodic media “expert witness” to my resume. When in Rome…

I have decided that for the two year anniversary of Reel Reviews, it is time to tackle one of my all time favorites: Seven Samurai. For a film guy, this is a big deal; to take on one of the all time greatest films is a commitment. I’ll post it on October 17th, the two-year anniversary of my entry into podcasting. Curious how the whole thing started? Here is the first edition of Reel Reviews: Sam Peckinpah’s original, The Getaway. Unlike many, I have kept up every show, including the always embarrassing #1.

Since I was feeling a little nostalgic – here is my first appearance on the Daily Source Code from September 15th 2004. As you might guess, I am asking audio quality questions.

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By the way, anyone want to hear DSC #1? Being early to the podcast game means I have most podcast pioneer’s episode #1. Last week Dave Slusher and I ended up having a great discussion with some folks at the Portable Media Expo explaining the history of podcasting. It is a bit weird to be an authority on the real history of podcasting. I must say, as exciting as it is now, it was also a great time when it was a small community.

Update: OK, so I got delayed. What else is new? I ordered some new gear for the podcast studio and it has not arrived yet. It is something I’d like to use on this episode. Please be patient.

There has been a lot of talk in recent months, among podcasters, about the terms of the PodShow contract being offered. Mostly the talk has been rumor and innuendo. No more. You can now hear all the details. For those that are curious, Keith and The Girl did a show where they read all 12 pages of the contract. The next day Adam Curry ran a “bit” on the Daily Source Code referencing the Keith and The Girl segment. Of note: Adam made no mention that there were any inaccuracies, so we can assume it is the actual current contract. I’ll leave listeners to draw their own conclusions, but you can’t help but come away realizing that it is full of generalities. PodShow might be the perfect opportunity for a given podcaster, but contracts by nature should be explicit, not implicit.

In the vain of full disclosure, I was offered a “Founding Member” contract with BoKu Communications/PodShow in March of last year. This was the offer that was made to the original podcasters in the network, Dawn and Drew, Michael Butler etc. I have always respected the wish for confidentiality regarding this agreement, but I will note, as might be expected, it was considerably different than the current contract. I decided against it for my own reasons. (If you are curious, we discussed it on Rock and Roll Geek Show around minute 18:25.)

People seem to either be for or against PodShow. I have never understood this stance. This is akin to being for or against IBM or your local dry cleaner. It is just a business. PodShow is trying to make a go of it in the podcast arena. So far, they have the most momentum, which is important in an emerging medium. I have met Adam and Ron a number of times, and must say I happen to like them both. They are smart guys and will probably make a success of the venture. That being said, I would hope that if you sign a deal, things are explicitly spelled out. Nothing against PodShow, that is just business.