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The Electronic Frontier Foundation has added the VoloMedia podcast patent to it’s “Most Wanted” style list for its Patent-Busting Project.
I wrote about this patent back when it was first announced. As expected, there is now some movement in challenging it. Specifically, the EFF is looking for examples of prior art: “evidence that the podcasting methods described in the patent were already in use before November 19, 2003.” You can read the whole story over at the EFF.
(I was only half joking when I said I was “adding podcasting/episodic media expert witness to my resume.”) We’ll see what happens.
We’ve started posting more content to the Podcast Academy site. If you’re looking for great presentations about all things podcasting and new media be sure to check it out. Recent episodes include Automating Your Podcast Workflow, Podcasting in Higher Education, Building a Television Studio in your Basement and one from Steve Garfield entitled: Videoblogging in 5 Steps.
BTW if you in need of a great podcasting microphone check this out. Auction ends todays.
Via the Association for Downloadable Media (ADM) website, VoloMedia (formerly PodBridge) explained the patent just issued to them for â€œpodcasting.â€ 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.
Or the time Winer, Christopher Lydon and VoloMedia really put it into practice?
Or how about when Dave Slusher and VoloMedia spotted Dannie Gregoiresâ€™s RSS aggregation software using the agent name â€˜podcasterâ€™ and chimed â€œPodcasting! right on!â€ 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 canâ€™t think of a podcast conference I went to where I didnâ€™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 â€œnotesâ€, â€œupdatesâ€ and â€œclarificationsâ€ 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…
Last Friday, the Los Angeles station 97.1 KLSX FM Talk changed formats to some low cost top 40 programming stuff like you get everywhere else. This was the former home of Howard Stern, his morning slot having been taken over by Adam Carolla. Working from home, Iâ€™m not a morning drive time person and have heard Adamâ€™s show at most 5 times. But this is not about morning drive time shows.
Interestingly, this morning Adam Carolla released his first podcast. No ads, no requests for money or donations, just him doing his thing. No big news there – “known celebrity/personality releases podcast” is not ground breaking and Adam Carolla is not hurting; he has plenty of other projects and his contract continues to pay him through the end of 2009. What I appreciate is he gets podcasting from the get go. His show is genuine. He even admits to being a bit nervous (all podcasters have been there.) He dishes some dirt, complains a bit and just plain talks to you about what is going on, like a friend would. That is the power of podcasting.
Prior to podcasting how could this have happened? In past years he would have had to go hat in hand to multiple stations to get someone to LET him back on the air. All the time being silent so as to demonstrate he is a “good boy” and not upset the radio gatekeepers at potential future stations. The beauty of podcasting is: if he can keep an audience guess who will be asking him back. (And yes – morning radio pays way more than any podcast opportunity in existence.) Maybe someone will pick him up, maybe heâ€™ll move on to some of the other projects heâ€™s been working on. Weâ€™ll see.
No idea how long lived this will be or what will come of it. Thatâ€™s not the point. Maybe he tries to make money at it or maybe he decides to quit it tomorrow. The point is while he still wants to talk to an audience he values anyone who wants to listen can. No one has to grant him permission to do it or dictate who, what or how it has to be done. For those of us who have been there from the beginning, that is everything podcasting has always been about.
You can find his podcast here.