Company Awarded "The Patent For Podcasting"
Chris Albrecht writes "VoloMedia announced today that it has been awarded what it called the 'patent for podcasting.' According to the press announcement, patent number 7,568,213, titled 'Method for Providing Episodic Media,' covers:
'...the fundamental mechanisms of podcasting, including providing consumer subscription to a show, automatically downloading media to a computer, prioritizing downloads, providing users with status indication, deleting episodes, and synchronizing episodes to a portable media device.'"
When you don't have the means to distribute "large" media, nor the means to easily consume that media, then there is no place for podcasting. Once you have those means, however, "providing consumer subscription to a show, automatically downloading media to a computer, prioritizing downloads, providing users with status indication, deleting episodes, and synchronizing episodes to a portable media device" are all just obvious extensions to how people will obtain their media.
One convenient locations...in Africa.
for making me click through to get to the actual patent. Anyway, from reading some of the patent, it looks like they were trying to patent something at least somewhat interesting and unique. However, claim 1--the only independent claim--pretty clearly covers iTunes, among other prior art. I am not sure if it was bad drafting or bad intent, but I would not bring this to Apple's attention if I were the company. I've read some patent applications were the value added was miniscule, and the only way to see it is to look at some of the prosecution history. Maybe that's the case here, but I am too lazy to dig through the history. With a filing date of 2003, I doubt this will survive much scrutiny. That sucks if this company was trying to do something interesting. That's great if they are trolling.
http://bgcommonsense.blogspot.com
the other 194 countries who do not recognize US patents its probably a good thing, nothing like a government eliminating its own companies from the worlds competition.
iam more interested in the patenting "end game" in the US, with every year as more of their IP gets locked up it will come to a point where its just not possible to do business at all in the US without infringing a patent or 3 and so simply it will be better and more profitable for companies to do business and innovate outside of the USA
leaving the US sitting in court with its millions of lawyers jerking each other off while the ROTW just gets on with business as usual, what exactly is the end game ? and what happens when you get there ?
what i do know is 3 billion Chinese and 1.4 billion Indians not to mention Europe should take up the slack quite nicely in the future (hint: they already are, seen your universities students country of origin makeup recently? they are taking all that knowledge right back to their own countries).
Not necessarily. If you have prior art documents that would invalidate one or more of the claims, then you are more than welcome to file an ex parte reexamination request. That costs well less than millions of dollars.
/. geeks who have so little patience with people making mistakes on technical issues, when said mistakes can easily be corrected by a little bit of reading, are comfortable making similarly blatantly wrong statements about the US Patent system, when said mistakes can easily be corrected my reading the freely available Manual of Patent Examination Procedure. I mean, seriously, nobody should spout opinions about patentability unless they've read MPEP 2100 through at least once. It's like trying to argue vi vs. emacs when the only text editor you've ever used is Notepad.
And yes, the MPEP has been revised in light of KSR. On the other hand, Bilski is still up in the air because the Supreme Court is going to hear it next year. Believe me, there are a lot of us who want the Bilski dust to settle.
I've always found it sadly hypocritical that
Where do people get the idea that apple invented podcasting?
The name?
Property is theft.
I most definitely do not want the USPTO in charge of my health care. It's a good thing we can judge a whole by any of its parts, or else racism wouldn't work, now would it?
93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
Thank Dawkins! Finally, someone who gets substantive patent law on Slashdot!
Really, there should be a page we can point people to who misunderstand the concepts of novelty, inventive step, and scope of protection...