Slashdot Mirror
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.'"
Was the aptent submitted before iTunes did podcasting?
"VoloMedia, which used be called Podbridge, filed for this particular patent in November 2003 â" a time, Navar said, before it was obvious that people would download episodic content such as podcasts."
Of course, it's crap. I had an ftp server where I created a 'digital diary' once a week for the first 6 months of my sons life, and that was in 1998.
Granted, they where only 2-3 minutes and linked to my 'web diary', but they where down loadable every week.
I hope Apple hands them their ass.
The Kruger Dunning explains most post on
This doesn't just cover podcasting. It covers all "episodic media". Which means prior art for all "episodic media" (including text subscriptions) should count.
If there's anything in there that's at all novel or non-obvious, I can't see it.
It would never pass the Machine-or-transformation test http://en.wikipedia.org/wiki/Machine-or-transformation_test
"machine-or-transformation test is a test of patent eligibility under which a claim to a process qualifies to be considered for patenting only if it : (1) is implemented with a particular machine, that is, one specifically devised and adapted to carry out the process in a way that is not concededly conventional and is not trivial; or else
(2) transforms an article from one thing or state to another."
This test dates back to the 19th century, which leads me to believe the USPTO is more than willing to grant as many patent applications as are submitted regardless of merit. Why would they do that? To collect the fees. The USPTO only gains by granting even the most trivial patents.
IMO, if I were VoloMedia I'd be pissed. In addition to the cost involved in getting this ridiculous patent they will need to spend even more when it is challenged... and retracted.
USPTO scam continues.
Hope is the currency of fools
I'm kinda feeling lazy right now, but with a fair amount of patent experience under my belt, I'd say the key limitations of '213 Carhart et al. are in bold below:
Finding the old podcast applications and checking for that particular feature takes a bit of work. If anyone happens to have an old version of AmphetaDesk or Radio UserLand, perhaps they include a feature that would read on indicating channel depth. Remember, the prior art needs either to disclose each and every limitation of the claimed invention, or be combined with additional prior art that fills in the missing pieces, along with a motivating rational for combining the art.
If there is prior art that is slightly different, but the changes are something that are pretty simple, wouldn't that meet the obviousness criteria?
Freedom is not worth having if it does not include the freedom to make mistakes. - Mahatma Gandhi
I believe that Adam Curry, (former MTV video jockey) [who incidentally registered the MTV.com domain very early on] played a large part in early podcasting, even as far as coining or spreading the adoption of the term, and lending his hand at coding early pre-iTunes aggregators, until passing the ball to more competent coders, and also having a part in persuading Apple to adopt it into iTunes functionality.