Patent troll going after podcasts:
Only have to worry if you are making a profit Druff.
https://www.eff.org/deeplinks/2013/0...ave-podcasting
Patent troll going after podcasts:
Only have to worry if you are making a profit Druff.
https://www.eff.org/deeplinks/2013/0...ave-podcasting
I have dealt with a lot of patent stuff over the years. It is a fucking joke. First off it cost like 20k (filing and attorney fees) to file a semi complex patent, 40k+ to file a complex one, and you dont even hear anything for 2-3 years. You know the system is fucked up when you can have a priority date of 1996, a filing date of 2009 and a publication date of 2012. http://www.google.com/patents/US8112504
A first glance, the art of this patent looks by today's standards to be "obvious" since this method of delivering media is so wide spread. But given this has a fucking priority date of 1996, this was probably a pretty revolutionary idea back then.
I would be surprised if someone challenged this patent and won. Also no one company is making so much money from podcasting it would be worth it (except for maybe Apple who makes money indirectly from podcasts) to challenge it in court.
Earwolf, the Adam Carolla shows, Nerdist, all those groups would pretty much be bankrupted by this, and they all make money (earwolf maybe not as much). It definitely will be challenged in court, by any number of the defendants that Personal Audio LLC is suing, be it NBC, CBS, or any other of the many people they are trying to collect from. The EFF pretty much guarantees it.
Last edited by Crowe Diddly; 05-30-2013 at 01:53 PM.
Patent trolls dont want to go to court. They want you to pay a licensing fee. The amount is usually something you can afford so that you can just continue your day to day operations without being harassed by them. The only way these shows would go bankrupt is if they canceled the show based on principle.
If a podcast can give up 2 percent of its revenue instead of going to court they will most likely do it. Especially if there is doubt that they can actually win.
If Apple thinks the patent is strong, I wouldnt be surprised if they bought it. Would be a nice headshot to the patent trolls if this happens
Last edited by cmoney; 05-30-2013 at 02:41 PM.
But these patent trolls DO want to go to court, and are already in the process of suing CBS, and have already sued a few other as well, from what I read. They are also threatening to sue many, many others. I mean, I get what you are saying, and in most troll cases you are correct, but not in this case, not by a long shot. If you listen to Marc Maron or various other podcasts, they've been talking about this for months now.
edit: A quick pacer search shows they are currently suing CBS, NBC/Universal, Ace Broadcasting, Togi Entertainment, and HowStuffWorks.
I think you putting too much importance on what a lawsuit actually means. Anyone can sue anyone and it isnt hard to do.
Many times patent trolls/ patent holders sue to get the person's attention and dont do it with the idea this will ever end up in court. Going to court is EXPENSIVE, filing a lawsuit is not. No on is going to settle or pay a royalty to someone unless they think their is validity to their case. One way you show validity to your case is by suing.
I am not saying that one of these companies wont take it all the way to court but 90 percent of the time they are settled before they even get to court.
I will point out though that they could take this all the way to court( to make an example out of one of these companies)and scare all podcast to start paying up. However, it doesnt do the patent trolls much good if they put popular podcasts out of business. I can guarantee they are looking at all this to get the rake
Last edited by cmoney; 05-30-2013 at 03:33 PM.
Again, usually that is the case, and PA LLC does indeed have agreements in place with a decent lot of manufacturers already without going to trial, but the stated intentions of the defendants here say otherwise. The usual approach of patent trolls is to bully the little guys, the people who cannot defend themselves. Personal Audio have done exactly the opposite, and their goal is to go after the largest of the podcasting companies, specifically Carolla, since they already have a court win against Apple in the bag, and always file in a patent-troll friendly district in Texas. These guys are going at people who certainly can defend themselves, but PA LLC think they can win, so they are shooting for the stars.
These cats aren't the standard patent troll at all.
There are currently 1 users browsing this thread. (0 members and 1 guests)