Legal Issues

by Mike Masnick


Filed Under:
obviousness, patents, podcasting, prior art

Companies:
eff, volomedia



EFF Looks To Bust Bogus Podcasting Patent; Needs Prior Art

from the help-'em-out dept

Back in July, we wrote about how a company named Volomedia had gleefully announced that it had patented podcasting. The patent itself (7,568,213) seemed ridiculously broad, obvious and covered by prior art. On top of that, it was difficult to see how it passed the current (though, perhaps not for long) "Bilski" test for what can be patented.

It looks like the EFF has decided to be proactive about this and is looking for prior art with which to bust this particular patent. In the comments on our original post about this, reader Marcel de Jong, noted that Dave Winer described audio enclosures for RSS in a blog post in January of 2001 -- nearly three years before this patent was filed. Hopefully that is rather compelling prior art, but if anyone has any more info, please send it over to the EFF.

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  1. identicon
    Anonymous Coward, 21 Nov 2009 @ 8:12am

    Re: Re: Re:

    Another thing to consider is that if it's going to cost more to fight a patent than to simply buy it I would much rather the EFF simply buy the patent. Then they can refrain from suing anyone for it unless they're using it to counter sue someone who is suing someone else for patent infringement in hopes of a settlement (ie: you let everyone use your patents and we'll let you use our patents).

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