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Podcasting threatened - Adam Carolla and How Stuff Works sued

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4 replies to this topic

#1 OFFLINE   dpeters11


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Posted 15 January 2013 - 09:05 AM

They are being sued for violating the patent that covers the "invention" of the podcast. Needless to say, there are some other major providers in this space that are very nervous.


#2 OFFLINE   Doug Brott

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Posted 15 January 2013 - 09:15 AM

Could this be a 1st amendment issue?
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#3 OFFLINE   dpeters11


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Posted 15 January 2013 - 09:28 AM

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 OFFLINE   Cholly


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Posted 15 January 2013 - 12:12 PM

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?


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#5 OFFLINE   dpeters11


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Posted 15 January 2013 - 12:39 PM

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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