Bonum Certa Men Certa

Multimedia Software Patents Declared Invalid in the United States

The long and destructive tail of faulty or shoddy patent examination

A snake



Summary: A look at a highly destructive software patent (on podcasting) reaching a dead end only after the well-funded EFF stepped in and another new court decision which ruled a video streaming patent invalid

TECHRIGHTS spent many years writing about the infamous "podcasting patent" -- a patent which was used to shake down many small businesses and even hobbyists. Not only was such a patent not justified to begin with; it deliberately targeted those without incentive to fight back in court (as it's expensive).



The EFF stepped in some years back and two days ago it reported the latest in a press release by Daniel Nazer. It says:

The Electronic Frontier Foundation (EFF) will urge a federal appeals court at a hearing Thursday to find that the U.S. Patent and Trademark Office (USPTO) correctly invalidated key claims of a patent owned by Personal Audio, which had used the patent to threaten podcasters big and small.

EFF is defending a USPTO ruling it won last year in its petition challenging the validity of key claims of Personal Audio’s patent. EFF argued, and the USPTO agreed, that the claimed invention existed before Personal Audio filed its patent application.


So even the USPTO, which granted this patent in the first place, agreed/admitted/acknowledged that it had made an error. How many people and businesses have so far been harmed (financial impact, health impact etc.) by this terrible judgment? Who will be held accountable for it? There will never be proper compensation, let along a refund. Even without Alice -- as the above clearly notes that it boils down to prior art -- this patent should never have existed.

Looking elsewhere in the news, patent lawyers (as usual, Tyrus Cartwright from Seyfarth Shaw LLP in this case) only cover (or cherry-pick, or scrape the bottom of the barrel for) cases that end up in favour of software patents*, but if one looks a little further at the latest in the docket (patent lawsuits, not PTAB), "Video Streaming Patents [Are Found] Invalid Under 35 U.S.C. €§ 101". To quote: "The court granted defendant's motion for judgment on the pleadings because the asserted claims of plaintiff’s video streaming patents encompassed unpatentable subject matter and found that the claims were directed toward an abstract idea. "[T]he claims are directed to an abstract idea because the claims are not directed to an improvement in computer functionality, and the physical components of the claim merely provide a generic environment for carrying out the abstract idea. . . . The court is not persuaded that the claimed invention results in an improvement to computer functionality. [Plaintiff] did not invent the technology that converts video files into streaming format. . . . Moreover, [plaintiff] was not confronted with the problem of how to combine conversion technology and the Internet, or how to associate identification tags with video files. At most, the claims merely automate a sequence of known steps using conventional technology so that a human is not burdened with various manual steps. . . . The ordered arrangement of such conventional features provides no discernable benefits to computer functionality. This stands in stark contrast to claims which achieved such improvements to computing technology.""

Software patents die every week if not every day in the US (PTAB decisions are more frequent than court decisions). Things have gotten so out of hand for software patents proponents that they doubt Yahoo's patent portfolio is worth much at all; today Forbes asks, "could Pokemon Go's profit engine be derailed by challenges to the software patents underlying the game?"

Well, not really. Nintendo can afford going to court and since software patents typically die there, Nintendo will endure. In fact, post-Alice it's unlikely that any firm (even patent troll) will bother suing. ⬆ _____ * In this case [PDF], "patents-in-suit are directed to inventions that verify the delivery and integrity of electronic messages" as judged by PTAB, not actual courts. Not all avenues/means have been exhausted and the analysis is not as thorough as can be.

Recent Techrights' Posts

Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Microsoft's XBox CEO Asha Sharma Tells Staff That Many Thousands of Layoffs Are in Fact "Return to Growth"
Get it? Layoffs are "growth".
Gemini Links 07/10/2026: Nostalgia, Neutral Map, and Shorthanding
Links for the day
 
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026
Gemini Links 07/10/2026: On Feeling Guilty Leaving the US, Multinet, and Limiting Net Usage
Links for the day
The Cyber Show Explains the Concept of "Data Rape"
a metaphor some might find crude
FREE BEER is Still Online, But Barely Active
25 years ago or even 20 years ago many spoke of open/free beer (or "COLA")
Syria: GNU/Linux Has Surged to 8% "Market Share"
I don't have a convincing explanation for this
IBM Dimming Down the Lights on IBM Consulting, No Knowledge or Experience Required
They just "ride" the (old) brand, that's all
Statement on American SLAPP
Crossposted from schestowitz.com
Today The Register MS Published "SPONSORED FEATURE" and "SPONSORED POST" With "AI" 31 Times in Them
This isn't a "Reality" or "Era of AI", it's a paid-for spam campaign
Links 07/10/2026: Unrest in France and Rumours of Plague in Russia
Links for the day
Brigading Against Women - Part XXII - The Lozza Problem (in Length)
Garrett's case was a waste of the Court's money
JavaScript in Richard Stallman's Web Site
For search he is using CGI, not JavaScript
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026
Microsoft Hiring Only on the Cheap
Much of the same can be said about GAFAM and IBM
Gemini Links 06/10/2026: Nightfall Express, Shorthanding, and Raspberry Pi Desktop Gets a Debian Trixie Refresh
Links for the day
20th Anniversary Next Month
We are currently trying to agree on a plan for next month's celebrations
Taking Photos With Richard Stallman (RMS)
What's the point?
GAFAM Attack on FreeDesktop
Now they push lots of LLM slop into Linux
EPO Union Bemoans Lack of Social Dialogue as Dictator Wishes to Govern Forever (No Elections, No Rivals), Hide the Many Issues
"Exchange of open letters"
GNU/Linux Has Risen in France Since the Order to Adopt GNU/Linux (in Public Services)
We can expect the same in countries like Denmark, Switzerland, Germany, and The Netherlands
On Microsoft Hiring Freeze or No Permanent Jobs at Microsoft Anymore (Amid Many Silent Layoffs)
Microsoft has changed what it can offer workers
IBM Cannot Hide the Layoffs Forever
we welcome whistleblower to tell us more and send us documents related to that
EPO's Central Staff Committee Asking The Council to Get Rid of Corrupt Campinos
We'll be covering EPO scandals around the time of that meeting
Gemini Links 06/10/2026: EU Kids Act, Practicality of Gemini, and Games
Links for the day
Links 06/10/2026: Data Breaches Epidemic and Turkey Blocking Journalists
Links for the day
The Whole Point of Computing is That Computers Are Deterministic (Speed With Predictable Accuracy)
Unlike stochastic parrots that stochastically utter out lies
It's Not a Linux Back Door If It's an Unpatched Device
"Linux Backdoor" is a glaring misfit, a possibly 'obscene' term
What is a Conditional Fee Agreement (CFA)? When Law Firms Become the Litigants.
And the Solicitors Regulation Authority (SRA) needs to be more serious about tackling this
Brigading Against Women - Part XX - Attempts by Lozza to Deplatform Techrights and Tux Machines Only Days After I Sued Garrett and My Wife Also Sued Garrett (Shortly Before the Serial Strangler From Microsoft Joined)
in 2024
Links 06/10/2026: A Year Since "NSA Whistleblower Reality Winner Released From Prison", World Tries to Deal With El Niño
Links for the day
"SIRIUS CORPORATION LIMITED" as Evidence of the Financial Shell Games in the UK
Rianne and I still have some fond memories of the time the ex-wife of the CEO treated us like human beings
Lots of Silent Layoffs at IBM Last Week, Employees Explain Patterns of Those Impacted
It wasn't just gossip, it actually happened even if the media chose to look the other way (as usual)
Gemini Links 06/10/2026: Fighting for Purpose, Gemlogs, and Gemtext
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 05, 2026
IRC logs for Monday, October 05, 2026