Slashdot Mirror
Patent Issued For Podcasting
pickens writes "The EFF is reaching out for help after a company called Volomedia got the Patent Office to grant them exclusive rights to 'a method for providing episodic media' that could threaten the community of podcasters and millions of podcast listeners. 'It's a ridiculously broad patent, covering something that many folks have been doing for many years,' writes Rebecca Jeschke. 'Worse, it could create a whole new layer of ongoing costs for podcasters and their listeners.' To bust this patent, EFF is looking for additional 'prior art' — evidence that the podcasting methods described in the patent were already in use (PDF) before November 19, 2003. 'In particular, we're looking for written descriptions of methods that allow a user to download pre-programmed episodic media like audio files or video files from a remote publisher, with the download occurring after the user subscribes to the episodes, and with the user continuing to automatically receive new episodes.'"
The patent should be invalidated because business methods should not be patentable. There's plenty of prior art for the individual pieces (making files available for download to subscribers is as old as the BBS, and email notifications when new files are available are not newer), but the patentee will claim "we are the first to put all these ideas together". Of course what they did would have been obvious to anyone trying to solve the problem, but even that's not the point. The real issue is with what they are trying to patent. Would the PTO (or the CFFC) accept a patent on the same business method, except that users send requests on postcards, the audio will be burned to CDs and mailed by post, and the subscription lists will be maintained in paper folders? If not, then the PTO should explain why sending files by post is not patentable, but sending them by internet is.
methods that allow a user to download pre-programmed episodic media like audio files or video files from a remote publisher, with the download occurring after the user subscribes to the episodes, and with the user continuing to automatically receive new episodes
Well, starting in 1977 users who wanted to watch a pre-programmed episodic audio/video stream called "Inside the NFL" could subscribe to the cable TV HBO/Showtime channel, and after subscribing would continue to automatically receive new episodes. Does that count?