The trouble with presumed validity – Exhibit B

Another absurd case of patents that would not have been issued, but for the deadly combination of the presumption of validity, the absence of commons sense, and a shallow search for prior art is the recent patent on podcasting.

A company called Volomedia just got the Patent Office to grant them such a monopoly.  The Volomedia patent covers “a method for providing episodic media.” In this day and age, it is a ridiculously broad patent, covering something that a wide variety of people have been doing for many years. Worse, the EFF warns, “…it could create a whole new layer of ongoing costs for podcasters and their listeners. Right now, just about anyone can create their own on-demand talk radio program, earning an audience on the strength of their ideas. But more costs and hassle means that podcasting could go the way of mainstream radio — with only the big guys able to afford an audience…”

EFF and the law firm of Howrey, LLP aren’t willing to just sit by and watch: “…This patent could threaten the vibrant community of podcasters and millions of podcast listeners…”  They want to put a stop to it, but they need your help.  Read more about this project at: EFF.

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