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Podcasting threatened - Adam Carolla and How Stuff Works sued

Discussion in 'Tech Talk - Gadgets, Gizmos and Technology' started by dpeters11, Jan 15, 2013.

  1. dpeters11

    dpeters11 Hall Of Fame

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  2. Doug Brott

    Doug Brott Lifetime Achiever DBSTalk Club

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    Could this be a 1st amendment issue?
     
  3. dpeters11

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    Don't think so. It's not about content, it's about how podcasting actually works. From the complaint:

    The ‘504 patent is directed to an audio program and message distribution system in which a host system transmits information regarding episodes to client subscriber locations.Upon information and belief, Defendant ACE Broadcasting has been and now is directly infringing in the State of Texas within this judicial district, and elsewhere in the United States,by, among other things, using an apparatus that infringes at least claim 31 of the ‘504 patent.9.

    Defendant ACE Broadcasting is thus liable for infringement of the ‘504 Patent pursuant to 35 U.S.C. § 271. ACE Broadcasting provides a podcast of several different shows,including for example, “The Adam Carolla Show” podcast available on the website AdamCarolla.com. Upon information and belief, ACE Broadcasting uses servers, data storage and other Internet hardware and software in a manner that directly and literally infringes claim 31.

    This particular patent wasn't filed until 2009, but related patents go back to 1996. That might be why podcasters wouldn't be covered under prior art.
     
  4. Cholly

    Cholly Old Guys Rule! DBSTalk Club

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    Scary, indeed. One wonders how the patent would apply to RSS feeds as used by video podcasters. What would Aaron Swartz have said about such a situation?
     
  5. dpeters11

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    Exactly. Adam Curry, who used to be an MTV VJ, has been called "The Podfather", worked with Dave Winer from the RSS creation to create the system. That was probably at least 10 years ago now.
     

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