The IT Nerd

You might remember this story about a patent troll called Personal Audio who claimed that they owned the concept of podcasting and wanted to extract cash from anyone who had a podcast. Noted podcaster Adam Carolla settled with these people, but maybe he was a bit hasty. A decision from the U.S. Patent Office says that Personal Audio doesn’t own podcasting:

In their decision (PDF), the Patent Office works its way through the very, very specific arguments about wording and meaning. It is not unlike reading a geometric proof, in the way it builds a clear argument of facts and existing rulings. Ultimately, however, the dry legalese ends up with one result: the patent troll does not own podcasting.

“Petitioner [the EFF] has shown by a preponderance of the evidence that claims 31-35 of [the patents] are unpatentable,” the order concludes. “Because this is a final written decision, parties to the proceeding seeking judicial review of the decision must comply with the notice and service requirements.”

That’s great. Except for this:

We have a lot to celebrate here,” EFF Staff Attorney Vera Ranieri said in a statement. “But unfortunately, our work to protect podcasting is not done. Personal Audio continues to seek patents related to podcasting. We will continue to fight for podcasters, and we hope the Patent Office does not give them any more weapons to shake down small podcasters.”

While I am not a lawyer, patent trolls deserve to be given the one finger salute if they knock on your door. So I hope the EFF puts these guys out of business and soon. I also hope that patent reforms come soon to kill patent trolling off once and for all as a business model.

You might recall that I wrote about a patent troll that goes by the name of Personal Audio who were going after prominent podcasters including Adam Carolla to make some money of some rather dubious patents that they hold. Today, the EFF has released news that Carolla he has settled with Personal Audio:

Although the settlement is confidential, we can guess the terms. This is because Personal Audio sent out a press release last month saying it was willing to walk away from its suit with Carolla. So we can assume that Carolla did not pay Personal Audio a penny. We can also assume that, in exchange, Carolla has given up the opportunity to challenge the patent and the chance to get his attorney’s fees. … EFF’s own challenge to Personal Audio’s patent is on a separate track and will continue … with a ruling likely by April 2015. … We hope that Personal Audio’s public statements on this issue mean that it has truly abandoned threatening and suing podcasters. Though a press release might not be legally binding, the company will have a hard time justifying any further litigation (or threats of litigation) against podcasters. Any future targets can point to this statement. Carolla deserves recognition for getting this result.

If this is the case, then this is a very good outcome. I hope that the EFF not only keeps the fight going, but wins against these patent trolls. Or better yet, there’s actual patent reform to stop this sort of thing from happening in the first place.

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:

1. Their company is set up in Beaumont Texas which is ground zero for Patent Trolls.
2. They have not actually produced a product of any description which is typical of patent trolls.
3. 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.