Patent Troll Threatens Podcasters
Something that has been under reported in the media is the threat by a Patent Troll that goes by the name of Personal Audio who are asserting a set of patents that covers what is commonly referred to as podcasting. They’re going after prominent podcasters including Adam Carolla to make some money of these dubious patents. Now, why do I feel that they’re patent trolls? Here’s why:
- Their company is set up in Beaumont Texas which is ground zero for Patent Trolls.
- They have not actually produced a product of any description which is typical of patent trolls.
- The company has sent podcasters letters demanding that they pay Personal Audio to use podcasting technology or else vague things will happen. That is another typical patent troll tactic.
The company justifies their actions this way.
“We invented the technology that enables podcasting back in 1996 as part of an effort to develop a portable and personal audio system that would offer users a customized listening experience using content and data downloaded over the Internet,” said Charles Call, a co-inventor on the ‘504 patent and a member of Personal Audio, LLC. “Today, this patented technology is used by several media companies offering podcasting.”
They have won judgements against Apple and several big companies do have licenses with other big companies. But that does not mean that they invented or have the rights to the patents. Also, companies often sign license agreements because it makes the Troll go away. Plus the cash they have to spend amounts to a rounding error relative to the cost of ongoing litigation. Now the Electronic Frontier Foundation is getting involved in this fight. Here’s why:
As with so many patent troll cases, the troll is asking for money despite having contributed nothing to the industry. By its own admission, Personal Audio tried and failed at its attempt to make an audio player. Having failed at actually making something, it became a shell company that does nothing but sue on its patents. And now it wants a handout from those who worked hard to create popular podcasts.
Thus they’re not only looking for donations, but they’re looking for examples of podcasting that pre-date any of the patents that this company has. By finding these examples, it would invalidate the patents and put an end to this Patent Troll. Keep an eye on this story. It’s a very important one that will have far reaching implications.
May 5, 2014 at 1:23 pm
“They have won judgements against Apple and several big companies do have licenses with other big companies. But that does not mean that they invented or have the rights to the patents.”
Really what sort of proof would you accept?
My bet is nothing.