Five years ago, a patent troll called "Personal Audio" started demanding money from podcasters, claiming that their patent on mailing cassette tapes of people reading magazines (a ridiculous patent on its face) also covered podcasting. Read the rest
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Personal Audio is a patent troll that claims to own the process of sending audio around because they bought a patent from a guy who read Scientific American articles onto cassette tapes and sent them through the mail (seriously!). The Electronic Frontier Foundation is seeking to invalidate this patent -- which Personal Audio is using to shake down all kinds of indie podcasters for protection money -- using a new, cheaper, streamlined process.
Personal Audio is fighting dirty. They've filed an expensive lawsuit outside of the patent proceeding, and subpoenaed the names and personal details of everyone who donated to the campaign against their patent, purely to raise the price of adjudicating their patent and to intimidate podcasters who gave to the litigation fund rather than paying off Personal Audio.
EFF is fighting back. At stake is the process that is supposed to fix one tiny corner of the patent quagmire -- if Personal Audio's tactic succeeds, it will kill Congress's patent-fix dead.
The Juelsgaard Intellectual Property and Innovation Clinic at Stanford Law School has offered free counsel to anyone who's worried about the subpoena. Read the rest
On CNN, Doug Gross has a good account of Kevin Smith's SXSW presentation on how he became a podcaster and weaned himself off the "heroin" of movie studio money, going direct to his fans instead for advertising, merch sales and sold-out houses when he toured. This being CNN, they've got a lot of [expletive] marks where Smith is saying "fuck" in his charmingly innocent way.
Smith said he decided to take advantage of his access to celebrities and gift of gab to launch a new project. And he deployed a technique he said has always served him well: do what you love and what you're good at, then figure out how to make money doing it.
And that led to "SModcast," a weekly podcast that he and friend/co-producer Scott Mosier launched in 2007 and do to this day.
It was free. But as its online audience grew, the opportunities to make money arose.
"People would tweet left and right: 'You put out so many free podcasts; how can I pay it back?' " said Smith, who has more than 2 million followers on Twitter. "I was like, 'Go buy a T-shirt' and they were like, 'Cool.' " ,pThen came paid advertising. (The first sponsor notoriously being adult product Fleshlight). Then a paid version of the podcast, "SModcost," which contains bonus features but no ads.