Fear and Trembling – Or Not: Thoughts on the VoloMedia Podcasting Patent

IP Attorney, Ernest Grumbles, shares his thoughts on the Volomedia patent.

It’s been nearly a month since a company called VoloMedia was granted a patent titled “Method for Providing Episodic Media,” but the criticism, and the confusion, continues.  If the patent had simply issued – quietly – there would have been little concern.  But the company announced publicly that they had just been awarded the “US patent for podcasting.”  In essence – all of you thousands of companies that use podcasting to deliver content and all of you millions that use podcasting to get content – beware.  This was a broad gauntlet thrown down – notwithstanding subsequent company attempts to downplay the statement and its intentions regarding the patent (Trust us.  We will wisely use our nuclear weapons for the security of humanity.).

What to do with such pronouncements – when Company X announces it has obtained a patent on a broadly-used technology?  The answer depends on 3 things: (a) who the patentee is; (b) who you are and (c) the valid scope of the patent in question.  The first two are easier (and a lot cheaper) to discern.  The last is an expensive and uncertain process more akin to biblical exegesis than scientific analysis.  For purposes of argument, let’s assume VoloMedia has a valid patent that covers basic subscription audio models.

Who and What is VoloMedia?

VoloMedia’s main business is providing tools that can be embedded in podcasts and other downloadable media to help gather information on those who are listening and watching.  The aim is to provide more demographic information for advertisers.  Several large media companies including Fox News, The Washington Post and MSNBC currently use VoloMedia’s technologies.