VoloMedia’s Podcasting Patent
[Note from ADM Chariman: The following blog post has been provided by Volomedia, a member of ADM. The contents of this communication do not necessarily reflect the opinions of ADM's Executive Board or its members]
[Volomedia Elaborates on Podasting Patent, and responds to ADM questions]
Our company, VoloMedia, was awarded U.S. Patent 7,568,213 titled “Method for Providing Episodic Media” yesterday. The relative breadth of the issued claims under this patent has given rise to many questions. I’d like to take this opportunity to provide some context to our announcement: ”VoloMedia Awarded U.S. Patent for Podcasting”.
Over the years, I have heard arguments, pro and con, to the utility and necessity of an intellectual property (IP) system. One one hand, there are arguments that say exclusive rights to ideas awarded on a patent excludes others from doing what they want to do and, therefore, IP systems close down access to knowledge. On the other hand, patents and intellectual property rights do drive innovation, as well as investments in new ideas. I do not wish to debate the merits of the U.S. patent system, but just acknowledge there are two sides to the issue of patent awards. VoloMedia has filed a dozen U.S. patent applications since 2003. Patent no. 7,568,213 is the first in the pipeline to issue. We expect the others to follow suit.
With specific reference to our newly issued 7,568,213 patent, it was filed in November 2003, almost a year before the start of podcasting. This helps underscore the point, that for nearly six years, VoloMedia has been focused on helping publishers monetize portable media…. and has continued these efforts with the addition of a wide array of smartphone-based applications. The patent that issued yesterday helps to tie together and reinforce the value of the various technologies and services that VoloMedia has developed to help accomplish this objective. VoloMedia’s intent is to continue to work collaboratively with key participants in the industry, leveraging its unique range of products to further grow and accelerate the market. Today, podcasting is 100% RSS-based. However, the patent is not RSS-dependent. Rather, it covers all episodic media downloads. It just so happens that, today, the majority of episodic media downloads are RSS-based podcasts, which is why we titled our announcement the way we did.
The episodic media download industry is still in its infancy. There will come a day when all the content on Hulu is available as an episodic download. Consumers will then have legitimate choices in how they consume their media: on a downloaded and portable basis, or by visiting a content aggregation website. As the medium matures, one would expect to see new entrants into the episodic download arena. The impact of a strong growing IP portfolio is such that we would expect new entrants into the podcasting arena to have a collaborative relationship with VoloMedia, just as do many of the current players. For reference, below are the claims issued under U.S. patent 7,568,213:
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1. A method for providing episodic media, the method comprising: providing a user with access to a channel dedicated to episodic media, wherein the episodic media provided over the channel is pre-defined into one or more episodes by a remote publisher of the episodic media; receiving a subscription request to the channel dedicated to the episodic media from the user; automatically downloading updated episodic media associated with the channel dedicated to the episodic media to a computing device associated with the user in accordance with the subscription request upon availability of the updated episodic media, the automatic download occurring without further user interaction; and providing the user with: an indication of a maximum available channel depth, the channel depth indicating a size of episodic media yet to be downloaded from the channel and size of episodic media already downloaded from the channel, the channel depth being specified in playtime or storage resources, and the ability to modify the channel depth by deleting selected episodic media content, thereby overriding the previously configured channel depth.
2. The method of claim 1, further comprising automatically providing the user with an indication of the availability of updated episodic media via the channel dedicated to the episodic media in accordance with the subscription request.
3. The method of claim 1, further comprising synchronizing the updated episodic media automatically downloaded to the computing device associated with the user with a portable computing device communicatively coupled to the computing device associated with the user.
4. The method of claim 3, wherein synchronization of the updated episodic media automatically occurs in response to a predetermined user setting.
5. The method of claim 3, wherein synchronization of the updated episodic media occurs in response to a request received from the user.
6. The method of claim 1, wherein the updated episodic media is made available to users not associated with the computing device over a local area network.
7. The method of claim 1, wherein the automatic download is further based on a priority assigned to the channel.
8. The method of claim 3, wherein the channel dedicated to the episodic media is reduced in size during synchronization in order to fit available cache storage within the portable device.
9. The method of claim 1, wherein the channel dedicated to the episodic media is modified in size by removing one or more episodes of episodic media.
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Jul 29, 2009
Okay, so you’ve reposted the press release from the VoloMedia website, however, what’s ADM’s position on this patent? I’m not comfortable with it at all, no matter how much Volomedia spins it. While podcasting may not have been a word when they filed the patent, there is alot of evidence online that shows that people like Dave Winer & Adam Curry were the ones who discussed/invented the process for delivering episodic media.
Jul 29, 2009
“With specific reference to our newly issued 7,568,213 patent, it was filed in November 2003, almost a year before the start of podcasting.”
ORLY?
http://www.princeton.edu/newmedia/podcast/2002.xml
Jul 29, 2009
Hi Leesa
Thanks for the note and thoughts. I have put in a call to Murgesh with a request for some additional clarification and contextualization of this news vis a vis the ADM member constituency and the podcast and episodic download community at large. I look forward to Murgesh’s response.
From time to time ADM members have written blog entries to convey information with a point of view that does not necessarily reflect those of all the members of the ADM. I would characterize this post as that sort of communication. Another way of putting it, is that ADM in no way endorses this news, or has currently formulated a formal opinion on the matter.
While clarifying ADM’s position, we also want to support our membership’s expression of issues that concern and impact the community within which it operates. No doubt this conversation will continue, we hope in a healthy and constructive manner.
To emphasize ADM’s position, I have taken the liberty to enter a note at the beginning of Murgesh’s post that hopefully will qualify the remarks as it relates to ADM.
Very truly yours,
Chris MacDonald
Chairman, ADM
Jul 29, 2009
Not sure this post is appropriate for the ADM blog. This sounds like VoloMedia is “planting a flag” that may effect other ADM members negatively. The ADM should remain neutral in this.
Jul 29, 2009
I wanted to reiterate Chris MacDonald’s remarks, both before the VoloMedia post and after. The ADM has allowed members who wish to have access to the ADM blog the right to post items that address issues pertaining to downloadable media and how they may impact not only our members but the “community” as a whole. VoloMedia is such a member.
As Chris pointed out, “the ADM in no way endorses this news, or has currently formulated a formal opinion on the matter.”
Clearly, this post implies certain ramifications for all of downloadable media and I believe there is no better forum than within the ADM to address those ramifications. The twitterverse is abuzz with the what this patent may imply and bloggers are already addressing it, including ADM member Tom Webster at the Infinite Dial (http://www.infinitedial.com/2009/07/volomedia_patents_podcasting_m.php). Undoubtedly we will see many comments regarding the awarding of this patent.
What I look forward to most is the comments from Volomedia in response to Chris’ “request for some additional clarification and contextualization of this news vis a vis the ADM member constituency and the podcast and episodic download community at large.” Those comments will help shape the “formal opinion” of the ADM.
Please share your thoughts with us and let us know if you have posted comments on your sight, blog or Twitter stream.
Jul 29, 2009
The clarification added about the ADM’s position is appreciated.
As an ADM member I think this patent is bunk. It should never have been issued. It’s too vague. It doesn’t mention Audio, Video, or RSS. It could apply to anything – podcasting, the DVR from my cable company, even Twitter and Facebook. It is my hope that the ADM will see this for what it is (the USPTO approving something they didn’t understand) and not endorse this patent.
The rest of my thoughts are at:
http://ericsusch.com/2009/07/29/all-your-technology-are-belong-to-us/
Jul 30, 2009
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Jul 30, 2009
I agree this bunk and just another land grab claim that time and time again has shown it’s ugly head in the Patent space. I don’t understand how they can claim podcasting when in the patent description it states “Radio” all over it. The description to me reads like they try to cover a lot of basis by being vague and set themselves up for sale with an “Ace in their pocket”
I don’t believe that this would stand up in court.
Jul 31, 2009
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Aug 09, 2009
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Aug 25, 2009
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