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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 @ 10:24am

    Re: Re: Re: Re: Re:

    "Why? That rewards Volomedia for getting a bogus patent, and only serves to create incentives for others to get bogus patents in the hopes that the EFF or others "buys" it from them."

    Sure, ultimately bogus patents shouldn't be granted, but being that the patent office granted those patents to someone who would sell it to the EFF, I would much rather the patent be granted to someone who would sell it to the EFF than for the patent to be granted to someone who would abuse it. If I apply for a bogus patent and sell it to the EFF that prevents someone else from applying and getting that bogus patent and then abusing it.

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