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(FundAnything)   Adam Carolla needs your help to fight patent trolls and save podcasting. Makes a simple, cogent and sober argument on his FundAnything page, making many wonder what he's done with the real Adam Carolla   (fundanything.com) divider line 84
    More: Interesting, Adam Carolla, legal defense, Marc Maron, non-practicing entity, podcast  
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3395 clicks; posted to Main » on 05 Mar 2014 at 12:40 PM (30 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-03-05 10:04:39 AM
carolla: the girl part of the Man Show.
 
2014-03-05 10:08:29 AM

Cewley: carolla: the girl part of the Man Show.


Don't you say that about Mr. Birchum.
 
2014-03-05 12:47:00 PM
Not very bootstrappy begging for a handout like that.
 
2014-03-05 12:49:43 PM

Loucifer: Not very bootstrappy begging for a handout like that.


What would Prager think?
 
2014-03-05 12:50:40 PM

Cewley: carolla: the girl part of the Man Show.


I thought the girl-part went into a late night TV show?
 
2014-03-05 12:52:01 PM
I can't believe there is actually a company out there self-described as "non-functioning" (or non-producing), that actually invests it's entire business plan in claiming ownership of things they didn't invent.

So, using this model, I could claim to have invented air, and charge everyone on the planet every time they use it.  This goes for everything from balloons to air travel, to breathing.
It seems pretty simple in my view for the courts to strike down this sort of thing for the nonsense that it is.

Patents are there for protection.  Not to beat people over the head until they pay you.
 
2014-03-05 12:53:18 PM
For justice!

/and also to save Adam a buck
 
2014-03-05 12:55:27 PM

durbnpoisn: I can't believe there is actually a company out there self-described as "non-functioning" (or non-producing), that actually invests it's entire business plan in claiming ownership of things they didn't invent.

So, using this model, I could claim to have invented air, and charge everyone on the planet every time they use it.  This goes for everything from balloons to air travel, to breathing.
It seems pretty simple in my view for the courts to strike down this sort of thing for the nonsense that it is.

Patents are there for protection.  Not to beat people over the head until they pay you.


And even worse, once you pay for the extortion, it comes back to haunt you.

"No no no! You paid SnarcoPatentWorksAlpha. We represent SnarcoPatentWorksBeta - it's an entirely different company and we share joint licensing rights with the other guy."
 
2014-03-05 12:59:05 PM

Loucifer: Not very bootstrappy begging for a handout like that.


I don't really care about the political angle on this one, I'm in favor of it because fark patent trolls
 
2014-03-05 01:01:10 PM

Loucifer: Not very bootstrappy begging for a handout like that.


TFA says that the fund is for all podcasters who get sued by these trolls.
 
2014-03-05 01:04:22 PM

durbnpoisn: I can't believe there is actually a company out there self-described as "non-functioning" (or non-producing), that actually invests it's entire business plan in claiming ownership of things they didn't invent.


Like MIT's licensing office? Crazy, right?

So, using this model, I could claim to have invented air, and charge everyone on the planet every time they use it.  This goes for everything from balloons to air travel, to breathing.
It seems pretty simple in my view for the courts to strike down this sort of thing for the nonsense that it is.


Actually, they claim ownership in things that other people  did invent, who then sold the rights to them. For example, I invent a new cold fusion system, but I can't afford to build plants and become an electric utility. So I sell my rights in the invention to you. You then talk to every power company in the US and offer them licenses.

Patents are there for protection.  Not to beat people over the head until they pay you.

Patents are also there for protection of small inventors.
 
2014-03-05 01:05:02 PM
Sorry brah, I gave all my poor person money to Zach Braff and Veronica Mars cause they needed it first.

Holy hell, fund your own battles, you rich pricks.
 
2014-03-05 01:05:37 PM
There needs to be a coalition or fund to fight the patent trolls to the death; I'm just not sure this is the right one.  Isn't this the Trump-touted Kickstarter-clone that is a worse deal for its users?

Wouldn't some kind of federal injunction against suing only in Texas backwaters go a long way to keep idiots from ruling in favor of the trolls?  It's become a cliche at this point.

Still, it is interesting to hear that they've gone after one of the biggest targets in podcasting; Carolla's supposed to be one of the only ones making any money (even though his particular namesake show is dreary and unlistenable).  Usually the trolls snipe at smaller prey.
 
2014-03-05 01:07:08 PM
I think a better way would be for Carrolla, Maron, Maher and all the other players to form their own LLC called TrollBusters for the legal funding.  They each pitch in 100K and then solicit investors so they can countersue for damages.  Split the net after the lawyers cut.
 
2014-03-05 01:07:43 PM

Loucifer: Not very bootstrappy begging for a handout like that.


4/10, since you did get legit replies.
 
2014-03-05 01:09:18 PM
It appears that this is the patent, linked from their description page here.
 
2014-03-05 01:10:54 PM

Theaetetus: Actually, they claim ownership in things that other people did invent, who then sold the rights to them. For example, I invent a new cold fusion system, but I can't afford to build plants and become an electric utility. So I sell my rights in the invention to you. You then talk to every power company in the US and demand they pay you for their existing windmills because your patent at some point mentions a way of supporting a turbine using a steel support structure.


FTFY
 
2014-03-05 01:11:54 PM
I always thought Carolla was laugh out loud funny on love line back in the day. Used to listen to him all the time.
 
2014-03-05 01:14:39 PM

Far Cough: There needs to be a coalition or fund to fight the patent trolls to the death; I'm just not sure this is the right one.  Isn't this the Trump-touted Kickstarter-clone that is a worse deal for its users?

Wouldn't some kind of federal injunction against suing only in Texas backwaters go a long way to keep idiots from ruling in favor of the trolls?  It's become a cliche at this point.

Still, it is interesting to hear that they've gone after one of the biggest targets in podcasting; Carolla's supposed to be one of the only ones making any money (even though his particular namesake show is dreary and unlistenable).  Usually the trolls snipe at smaller prey.


Would be better to go after the patent lawyers who encourage the suing for large sums. If you hadn't noticed, a lot of the patent troll associations are simply former patent lawyers who bend and twist the original patent to include any variation on the process. Lawyers farked this up, not inventors.
 
2014-03-05 01:15:57 PM

Another Government Employee: I think a better way would be for Carrolla, Maron, Maher and all the other players to form their own LLC called TrollBusters for the legal funding.  They each pitch in 100K and then solicit investors so they can countersue for damages.  Split the net after the lawyers cut.


Therein lies the problem. Except in very rare cases, you can't countersue simply because you were sued, you need to have a cause of action - i.e. one that you could have initiated a suit of your own with. The rare exception is for a frivolous lawsuit, and that's not just one that you win, but one that, even at the time of filing, the other side had no possibility of winning. As in, even if your hands were tied and you were gagged and you weren't able to respond, a jury  still couldn't believe their allegations in the complaint.

Now, that happened for the copyright cases with Righthaven and Prenda Law, but that's because Righthaven didn't actually own the copyrights that they were suing over (that's not an issue here), and because Prenda engaged in fraud and forged signatures of their fake CEO on various things, violated discovery orders, sent out demands after they were ordered not to, etc. (unlikely to be an issue here either).

This is actually the real reason that troll companies are around - if Apple sues Samsung, Samsung can sue Apple back because Apple also makes products that may infringe Samsung products. But if "Apple Licensing Entity, LLC" sues Samsung, Samsung can't countersue, because ALE doesn't make anything.
 
2014-03-05 01:17:50 PM

Sudo_Make_Me_A_Sandwich: Theaetetus: Actually, they claim ownership in things that other people did invent, who then sold the rights to them. For example, I invent a new cold fusion system, but I can't afford to build plants and become an electric utility. So I sell my rights in the invention to you. You then talk to every power company in the US and demand they pay you for their existing windmills because your patent at some point mentions a way of supporting a turbine using a steel support structure.

FTFY


In this case, that patent does legitimately describe podcasting. They're not really stretching it at all.
Now, in the future, if they started going after YouTube playlists or something, that might be more of a stretch.
 
2014-03-05 01:21:41 PM

Theaetetus: Sudo_Make_Me_A_Sandwich: Theaetetus: Actually, they claim ownership in things that other people did invent, who then sold the rights to them. For example, I invent a new cold fusion system, but I can't afford to build plants and become an electric utility. So I sell my rights in the invention to you. You then talk to every power company in the US and demand they pay you for their existing windmills because your patent at some point mentions a way of supporting a turbine using a steel support structure.

FTFY

In this case, that patent does legitimately describe podcasting. They're not really stretching it at all.
Now, in the future, if they started going after YouTube playlists or something, that might be more of a stretch.


Isnt the podcasting patent dispute I regards to a mail order tape patent that has been twisted into a podcasting patent, despite the numerous examples of prior history shown by EFF...
 
2014-03-05 01:22:24 PM
This guy claims that his cassette by mail subscription service makes him the inventor of all episodic content delivery.  It would seem to me that the fact that magazines have been around for a few centuries would invalidate the patent.  After all, a magazine is subscription based content delivery, and if the medium is irrelevant to the distribution method then the patent is meaningless.
 
2014-03-05 01:22:32 PM
It's hilarious how many of the Daily Show cult turned on Carolla as soon as they heard that Carolla was saying non-approved things, that he had said all along anyway.

You just got your cues from the usual places, and the hate was on.
 
2014-03-05 01:22:50 PM
Ziggy, Zaggy, Oi, Oi, Oi.
 
2014-03-05 01:29:29 PM

MyRandomName: Theaetetus: Sudo_Make_Me_A_Sandwich: Theaetetus: Actually, they claim ownership in things that other people did invent, who then sold the rights to them. For example, I invent a new cold fusion system, but I can't afford to build plants and become an electric utility. So I sell my rights in the invention to you. You then talk to every power company in the US and demand they pay you for their existing windmills because your patent at some point mentions a way of supporting a turbine using a steel support structure.

FTFY

In this case, that patent does legitimately describe podcasting. They're not really stretching it at all.
Now, in the future, if they started going after YouTube playlists or something, that might be more of a stretch.

Isnt the podcasting patent dispute I regards to a mail order tape patent that has been twisted into a podcasting patent, despite the numerous examples of prior history shown by EFF...


Stile4aly: This guy claims that his cassette by mail subscription service makes him the inventor of all episodic content delivery.  It would seem to me that the fact that magazines have been around for a few centuries would invalidate the patent.  After all, a magazine is subscription based content delivery, and if the medium is irrelevant to the distribution method then the patent is meaningless.


Nope, this has nothing to do with cassettes by mail. What appears to be the patent is linked above. Here's the abstract:
An audio program and message distribution system in which a host system organizes and transmits program segments to client subscriber locations. The host organizes the program segments by subject matter and creates scheduled programming in accordance with preferences associated with each subscriber. Program segments are associated with descriptive subject matter segments, and the subject matter segments may be used to generate both text and audio cataloging presentations to enable the user to more easily identify and select desirable programming. A playback unit at the subscriber location reproduces the program segments received from the host and includes mechanisms for interactively navigating among the program segments. A usage log is compiled to record the subscriber's use of the provided program materials, to return data to the host for billing, to adaptively modify the subscriber's preferences based on actual usage, and to send subscriber-generated comments and requests to the host for processing.

and here's Claim 1:
1. A media player for acquiring and reproducing media program files which represent episodes in a series of episodes as said episodes become available, said media player comprising:
a digital memory,
a communications port coupled to the Internet for transmitting data requests for data identified by specified URLs, for receiving downloaded data identified by said URLs in response to said requests, and for storing said downloaded data in said digital memory,
a processor coupled to said digital memory and to said communications port for performing a sequence of timed update operations, each of said update operations comprising:
downloading via the Internet the current version of a compilation file identified by a predetermined URL and storing said current version of said compilation file in said digital memory, said current version of said compilation file containing attribute data describing one or more episodes of a series of episodes, said attribute data for each given one of said episodes including one or more episode URLs identifying one or more corresponding media files representing said given one of said episodes,
processing the content of said current version of said compilation file to identify attribute data describing one or more newly available episodes in said series of episodes which were not described by attribute data found in a prior version of said compilation file previously identified by said predetermined URL and previously downloaded by an earlier one of said sequence of timed update operations, and
downloading one or more new media files identified by one or more URLs in the attribute data describing said one or more newly available episodes and storing said one or more new media files in said digital memory, and
an output unit for reproducing one or more of the media files representing episodes in said series at the request of the operator of said media player.
 
2014-03-05 01:35:49 PM

Mein Fuhrer I Can Walk: Loucifer: Not very bootstrappy begging for a handout like that.

4/10, since you did get legit replies.


Pointed sarcastic criticisms are not (always) trolling.  It was a good point.
 
2014-03-05 01:42:33 PM
Patent Trolls are disgusting lot, but I don't understand why he would ask people to give a millionaire money to help the fight so he can keep using the technology that made him a millionaire.
Granted it, if he loses it would effect a lot of people less fortunate than him, but he is doing this for himself. He is the one being sued, he should put up the money.
  an obvious Democrat who believes everyone else should pay for his problems while he stands on a soap box yelling I'm doing this for the people.
 
2014-03-05 01:45:51 PM

barneyfifesbullet: It's hilarious how many of the Daily Show cult turned on Carolla as soon as they heard that Carolla was saying non-approved things, that he had said all along anyway.

You just got your cues from the usual places, and the hate was on.


Hate?  I never found him funny on any show going back to LoveLines.  He's just not very funny; that and being a bore are the only things he's guilty of.  He can be a good guest for a few minutes -- he was actually great on Celebrity Apprentice -- but I tried his podcast for weeks and it was just awful.  He became boring old Stern without the saving grace of having been funny young Stern first.   Not every opinion is a political opinion.
 
2014-03-05 01:46:42 PM

barneyfifesbullet: It's hilarious how many of the Daily Show cult turned on Carolla as soon as they heard that Carolla was saying non-approved things, that he had said all along anyway.

You just got your cues from the usual places, and the hate was on.


Actually, I was a big fan of his through the Loveline years, found his movie The Hammer amusing, and was a regular listener to his podcast. Then he got whinier and whinier about taxes and Mexicans, and it got old. Having Dennis Prager on all the time didn't help.
 
2014-03-05 01:47:13 PM

wichitaleaf: I always thought Carolla was laugh out loud funny on love line back in the day. Used to listen to him all the time.


He still can be, except when he starts ranting about things of which he has no idea about.


barneyfifesbullet: It's hilarious how many of the Daily Show cult turned on Carolla as soon as they heard that Carolla was saying non-approved things, that he had said all along anyway.

You just got your cues from the usual places, and the hate was on.


Eh, I disagree with him on a bunch of things, but personally just thought his show got stale.  Same old stories, same old rants, too many shiatty live shows.
 
2014-03-05 01:47:38 PM

Theaetetus: It appears that this is the patent, linked from their description page here.


I don't see any new product here.. just a particular arrangement of the legos.
 
2014-03-05 01:48:21 PM
On further Googling, MyRandomName and Stile4Aly, it appears that this is the patent in question, but that you're not alone in thinking it was about cassettes. TechDirt did an article on it, saying "The patent in question, 8,112,504, was for an attempt to deliver news on audio cassettes," and it appears that  that was due to them listening to an NPR Planet Money story with half an ear. From the NPR article:
Back in the nineties, Jim Logan started a company called Personal Audio. The concept was simple - people could pick out magazine articles they liked on the internet, and his company would send them a cassette tape of those articles being read out loud. The cassette tapes didn't catch on like Jim hoped, but he had bigger dreams for the idea behind them.
He dreamed that one day you wouldn't need a cassette player, you would just be able to hear smart people talking about whatever subject you wanted, and that audio would be magically downloaded to a device of your choice. He says he dreamed of podcasting as we know it today.
Now Jim Logan did not create the technology to podcast. He himself is not a modern-day podcaster. But he did get a patent on that big dream of downloading personalized audio, and he claims to have the patent on podcasting.


So, basically, back in the 90s, Logan was doing this cassette delivery thing, but then came up with a new idea that wouldn't require cassettes and got a patent that covers automatic downloading of episodic content. For some reason, TechDirt read like every third word, and believed that the patent was on sending cassettes.
 
2014-03-05 02:01:22 PM

Mein Fuhrer I Can Walk: Loucifer: Not very bootstrappy begging for a handout like that.

4/10, since you did get legit replies.


Adam C. Has an estimated net worth of 15 million dollars. He has gone on many rants about worthless welfare recipients getting food assistance. Now he wants me to give him a handout for legal expenses to protect his wealth from an easily defeated patent scam. As much as I think patent trolls are scum, you don't need charity to defeat them. Hire a good lawyer and sue for legal costs when you win.
 
2014-03-05 02:07:17 PM

Loucifer: Mein Fuhrer I Can Walk: Loucifer: Not very bootstrappy begging for a handout like that.

4/10, since you did get legit replies.

Adam C. Has an estimated net worth of 15 million dollars. He has gone on many rants about worthless welfare recipients getting food assistance. Now he wants me to give him a handout for legal expenses to protect his wealth from an easily defeated patent scam. As much as I think patent trolls are scum, you don't need charity to defeat them. Hire a good lawyer and sue for legal costs when you win.


It didn't add up.  The trolls are also suing ABC and CBS, they have bucks.
 
2014-03-05 02:16:43 PM
Theaetetus:
So, basically, back in the 90s, Logan was doing this cassette delivery thing, but then came up with a new idea that wouldn't require cassettes and got a patent that covers automatic downloading of episodic content. For some reason, TechDirt read like every third word, and believed that the patent was on sending cassettes.

Is there even any liability on the content creator's part?  As far as I know, they don't have control of the delivery methods, which it seems this patent is geared towards.
 
2014-03-05 02:18:31 PM
I will probably donate to this.....Carolla is probably the highest profile guy to get sued on this but Marc Maron mmmmmmmmmmmmmmmmmay have been sued, I know he talked about it on his podcast maybe 4-5 months ago.

Carolla is not as "funny" as he used to be, every third episode is a right wing rant that I find boring.  and his show's format is kinda lame but still listen.  he gets these cool guests, and then he only gives them maybe 10 minutes (which half the time, he flips back to himself, telling a story about a name or situation the guest might have dropped), then the last 20 minutes of alison's lame "news", consisting of stories you read on fark 2 weeks ago.  let the people speak, aceman!
 
2014-03-05 02:23:17 PM

Joey Jo Jo Jr Shabadu: Theaetetus:
So, basically, back in the 90s, Logan was doing this cassette delivery thing, but then came up with a new idea that wouldn't require cassettes and got a patent that covers automatic downloading of episodic content. For some reason, TechDirt read like every third word, and believed that the patent was on sending cassettes.

Is there even any liability on the content creator's part?  As far as I know, they don't have control of the delivery methods, which it seems this patent is geared towards.


So, there's this doctrine called contributory infringement. If I have a patent that claims A+B+C+D, and you make a product with C+D, you don't directly infringe the patent... But what if your product is only useful when combined with A+B and has literally no other uses? And what if you advertise it as "C+D, for joining with A+B! Now all your A+B+C+D needs can be met!" At a certain point, you become responsible for contributing to the end-user's infringement, even if you didn't actually do it.

Now, that said, frankly, I think it would be tough with these particular claims to make a claim that Carolla's engaged in contributory infringement. The most he does seems to be providing data at URLs, and providing a compilation file identifying the data. Honestly, I can't see why he's not just pointing to some podcasting software maker and saying "indemnify me"...

... unless he's not the one bankrolling his defense, of course, and this really isn't about whether he infringes or not, but rather trying pursue some greater goal, like patent tort reform to protect big companies. But that would require him getting money from other people for th- hey!
 
2014-03-05 02:24:10 PM

Joey Jo Jo Jr Shabadu: personally just thought his show got stale. Same old stories


ha.  today he told the story for the 91st time of seing Sex and the City 2 while high, and talking to TMZ.

adam carolla bingo:
"can i say this?"
shoulder roll
refractory period
Jimmy Kimmel
swinging a hammer
a decrepit piece of catshiat roasting in a hibachi with assjuice sprinkled on it
cum on the tits
every third 80s movie had the scene where ___
north hollywood high
my movie got an "R" for one use of "fark"
my parents were terrible
dr. drew
mangria
 
2014-03-05 02:34:55 PM
Mein Fuhrer I Can Walk
Loucifer: Not very bootstrappy begging for a handout like that.
4/10, since you did get legit replies.


Carolla can be a really cool guy talking about cars or doing interviews with interesting people. But get him wound up on this heavy handed biatching session about libertarian arguments involving taxes. The 'I got mine' inner douche presents.
 
2014-03-05 02:39:40 PM

rickythepenguin: he gets these cool guests, and then he only gives them maybe 10 minutes (which half the time, he flips back to himself, telling a story about a name or situation the guest might have dropped),


That!  A big reason I gave up listening to his podcast.  Some really funny, talented people would come in as guests, and they'd barely get a farking word in edgewise.  He is a TERRIBLE "host" in that regard.
 
2014-03-05 02:49:29 PM

Far Cough: That! A big reason I gave up listening to his podcast. Some really funny, talented people would come in as guests, and they'd barely get a farking word in edgewise. He is a TERRIBLE "host" in that regard.


every podcast:

0:00 to 0:02:  ads for other Ace Network podcasts
0:02 to 0:05:  greetings, shillling for live dates
0:05 to 0:35:  the daily rant about what happened over the weekend or that day:  had to drive to Dana Point in traffic, Lynette went to a Springsteen show, the bar in [name of city] played shiatty "syntho" music,
0:35 - 0:37:  break;  ads for other podcasts
0:37 - 0:39:  return, ads for live dates and Mangria signings
0:39 - 0:51 introduction of farking awesome guest, interruption of their stories with boring Aceman stroies we've heard a thousand times
0:51: - 0:52:  "how about some news, baby girl?  ___ , feel free to sit in and crack wise"
0:52 - 1:20: boring news you heard on fark 2 weeks ago, more Aceman stories
1:20 - 1:25: "let's bring it home, baby girl, how about one more?"  one last story you read 3 weeks ago
1:25 - 1:27 more live dates, thanks to guest, mangria signings, TV appearances, signoff


am i kidding?
 
2014-03-05 02:56:32 PM

rickythepenguin: Far Cough: That! A big reason I gave up listening to his podcast. Some really funny, talented people would come in as guests, and they'd barely get a farking word in edgewise. He is a TERRIBLE "host" in that regard.

every podcast:

0:00 to 0:02:  ads for other Ace Network podcasts
0:02 to 0:05:  greetings, shillling for live dates
0:05 to 0:35:  the daily rant about what happened over the weekend or that day:  had to drive to Dana Point in traffic, Lynette went to a Springsteen show, the bar in [name of city] played shiatty "syntho" music,
0:35 - 0:37:  break;  ads for other podcasts
0:37 - 0:39:  return, ads for live dates and Mangria signings
0:39 - 0:51 introduction of farking awesome guest, interruption of their stories with boring Aceman stroies we've heard a thousand times
0:51: - 0:52:  "how about some news, baby girl?  ___ , feel free to sit in and crack wise"
0:52 - 1:20: boring news you heard on fark 2 weeks ago, more Aceman stories
1:20 - 1:25: "let's bring it home, baby girl, how about one more?"  one last story you read 3 weeks ago
1:25 - 1:27 more live dates, thanks to guest, mangria signings, TV appearances, signoff


am i kidding?


Nope, sounds dead on, and I stopped listening a year ago.  There are SO many other podcasts to spend your time with, and some are reliably good-to-great.  Even Alton Brown has one, which I didn't know until a week ago.  (It's... okay.)  I guess Carolla and Maron are both benefitting from first mover advantage.
 
2014-03-05 02:57:11 PM
Well, since "podcast" is itself a stolen term, WTF do I care?

The original podcast.

http://griffintechnology.com/itrip
 
2014-03-05 03:11:41 PM

FTGodWin: Well, since "podcast" is itself a stolen term, WTF do I care?

The original podcast.

http://griffintechnology.com/itrip


I'm gonna go out on a limb and suggest that something from 2001 doesn't predate something from 1996.
 
2014-03-05 03:12:35 PM

rickythepenguin: Joey Jo Jo Jr Shabadu: personally just thought his show got stale. Same old stories

ha.  today he told the story for the 91st time of seing Sex and the City 2 while high, and talking to TMZ.

adam carolla bingo:
"can i say this?"
shoulder roll
refractory period
Jimmy Kimmel
swinging a hammer
a decrepit piece of catshiat roasting in a hibachi with assjuice sprinkled on it
cum on the tits
every third 80s movie had the scene where ___
north hollywood high
my movie got an "R" for one use of "fark"
my parents were terrible
dr. drew
mangria


Yeah, you summed it up nicely.  And I get that, as a "radio" show, you need to repeat material because you're always getting new listeners that haven't heard it, but the show as a whole just got too repetetive for me.  And I hated the live shows because it always seemed like he was in "performance mode" rather than the more personal setting of the studio.


Theaetetus: Joey Jo Jo Jr Shabadu: Theaetetus:
So, basically, back in the 90s, Logan was doing this cassette delivery thing, but then came up with a new idea that wouldn't require cassettes and got a patent that covers automatic downloading of episodic content. For some reason, TechDirt read like every third word, and believed that the patent was on sending cassettes.

Is there even any liability on the content creator's part?  As far as I know, they don't have control of the delivery methods, which it seems this patent is geared towards.

So, there's this doctrine called contributory infringement. If I have a patent that claims A+B+C+D, and you make a product with C+D, you don't directly infringe the patent... But what if your product is only useful when combined with A+B and has literally no other uses? And what if you advertise it as "C+D, for joining with A+B! Now all your A+B+C+D needs can be met!" At a certain point, you become responsible for contributing to the end-user's infringement, even if you didn't actually do it.

Now, that said, frankly, I think it would be tough with these particular claims to make a claim that Carolla's engaged in contributory infringement. The most he does seems to be providing data at URLs, and providing a compilation file identifying the data. Honestly, I can't see why he's not just pointing to some podcasting software maker and saying "indemnify me"...

... unless he's not the one bankrolling his defense, of course, and this really isn't about whether he infringes or not, but rather trying pursue some greater goal, like patent tort reform to protect big companies. But that would require him getting money from other people for th- hey!


Thanks for the explanation.
 
2014-03-05 03:33:43 PM

Far Cough: Nope, sounds dead on, and I stopped listening a year ago.


i love aceman but yeah, it is just so very godamn formulaic.  verging on OCD how scripted it is.  with so many options out there, if the guest is boring or the show just another canned Aceman show, i just delete.  nerdist is so much better since the guests are allowed to "breathe", even if i don't know who it is.  like the one now, she plays some sci fi character in a show i'm not even watching but the talk is engaging.  maron too.

still prefer jay mohr's mohr stories.  on the current jerry cantrell eipsode, mohr asked a question i submitted.  the question was actually, "single coils or humbuckers, and who owns the three legged dog from that one album?"  mohr didn't ask the guitar question but cantrell answered re the dog.  so Slam didn't say, "this question cam eto me from [twitterhandle]" but it was my question.  yay me?
 
2014-03-05 03:37:22 PM

FourDirections: Loucifer: Not very bootstrappy begging for a handout like that.

I don't really care about the political angle on this one, I'm in favor of it because fark patent trolls


You deserve to be sent to Gitmo. This is 'Mericuh. The political angle is the only thing that matters here.
 
2014-03-05 03:40:41 PM
Filed in 2009? Shouldn't be very hard to find prior art, right? I mean, podcasting isn't just 5 years old.
 
2014-03-05 03:53:11 PM

Klopfer: Filed in 2009? Shouldn't be very hard to find prior art, right? I mean, podcasting isn't just 5 years old.


The specification dates back to 1996.
 
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