Bonum Certa Men Certa

Personal Audio LLC and Patent Troll Jim Logan Demonstrate the Harms of Software Patents and Why They Must Never Spread to Europe

"James Logan freely admits that he's never made a podcast," according to USA Today (source of the photo below)

Jim Logan of Personal Audio



Summary: Jim Logan of Personal Audio (a notorious Texas-based patent troll) is still fighting with his bogus patent, having already caused enormous damage with a single software patent that should never have been granted in the first place (due to prior art, not just Alice)

THE USPTO's examiners have been so eager to grant patents and perhaps so out of touch that they granted a patent on podcasting to some parasite, in spite of extensive evidence of prior art (even the Patent Office has acknowledged this by now). As a result, many innocent people with a podcast had been hit (extorted) until the EFF stepped in to help. We last wrote about this earlier in the month and it turns out that after years of disputes the patent troll (which is the patent holder) is still not giving up. Just look what a monumental mess just one single erroneous grant by the USPTO has caused!



"Just look what a monumental mess just one single erroneous grant by the USPTO has caused!"Joe Mullin says that the "[p]odcasting patent troll fights EFF on appeal, hoping to save itself" (this patent is pretty much its entire capital/existence*). To quote:

The owner of a patent on podcasting is hoping to snatch victory from the jaws of defeat.

Personal Audio and its owner, Jim Logan, lost their patent last year after lawyers from the Electronic Frontier Foundation showed the US Patent and Trademark Office that various types of Internet broadcasts pre-date the patent, which claims a 1996 priority date.

The podcasting patent became famous and received national media attention after it was used to sue several high-profile podcasters, including Adam Carolla, who raised $500,000 and fought back for a time before reaching a settlement in 2014. Personal Audio had also sued several big TV networks, and its case against CBS went to a jury in September 2014. The jury found the patent valid and awarded Personal Audio $1.3 million, a victory that Personal Audio's lawyers have noted in their appeal arguments.

The controversy is now in the hands of the US Court of Appeals for the Federal Circuit, the court that handles all patent appeals. A three-judge panel heard arguments over the matter earlier this month.


Let this become a famous example of why software patents are a great menace to everyone, not just to developers. Sites of patent lawyers continue to advocate for software patents under the guise of 'analysis' (cherry-picking by patent lawyers who still resort to Enfish, despite admitting that it changed little or nothing at all) and WatchTroll, a vocal proponent of software patents, asks a loaded question in his latest headline, "Would Monopoly€® be patent ineligible under Alice?"

"There should be absolutely no software patents in Europe (no matter what Battistelli does to ruin the EPO and crush the EPC these days), especially now that the USPTO demotes these."Here again is the regression/resort/retreat to Enfish and BASCOM hype, as if two decisions among many hundreds will somehow salvage software patents as a whole. To quote WatchTroll: "The application of the Supreme Court’s decision in Alice v. CLS Bank by the Federal Circuit has been disappointing, to say the least. There have been some rays of hope for innovators with decisions in DDR Holdings, Enfish and BASCOM, but these bright spots shine so radiantly because they are scattered in a sea of despair."

Despair to who? To patent law firms, i.e. not to actual development powerhouses and/or programmers.

We regret to see the Battistelli-run EPO being lured into software patenting in spite of the EPC. There are already misplaced priorities which favour large US-based companies at the EPO and the EPO increasingly uses the term "ICT", which some can interpret as a vague insinuation/synonym of software patenting. See this pair of new tweets [1, 2] that ask: "Know how US & European practice differs for ICT applications?"

There should be absolutely no software patents in Europe (no matter what Battistelli does to ruin the EPO and crush the EPC these days), especially now that the USPTO demotes these. "Ever been to EPOPIC? Here are this year's topics," the EPO now writes in relation to an upcoming event. Looking at the sidebar under "key events" we see "ICT seminar 2016" and "Indo-European conference on ICT-related patents 2016", so there's clearly some kind of a trend developing. The UPC threatened to bring software patents to Europe (so said multiple domain experts) and also bring patent trolls like Jim Logan. It's a true danger when people like Battistelli race to the bottom in the name of "production" (even if it's faked). _______ * Wikipedia says the firm, which is a "Texas-based company," was "formed to enforce two patents applied to podcasting." It's described as a "patent holding company" (euphemism for troll).

Recent Techrights' Posts

The Latest Wave of Microsoft Crime, Bribes, and Fraud
Microsoft is still an evil, highly corrupt company
Links 19/04/2024: Running a V Rising Dedicated Server on GNU/Linux and More Post-"AI" Hype Eulogies
Links for the day
[Video] Novell and Microsoft 45 Years Later
what happened in 2006 when Novell's Ron Hovsepian (who had come from IBM) sealed the company's sad fate by taking the advice of Microsoft moles
EPO “Technical” Meetings Are Not Technical Anymore, It's Just Corrupt Officials Destroying the Patent Office, Piecewise (While Breaking the Law to Increase Profits)
Another pillar of the EPO is being knocked down
Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
 
Matthew Garrett, Cambridge & Debian: female colleague was afraid
Reprinted with permission from disguised.work
David Graeber, village wives & Debian Outreachy internships
Reprinted with permission from disguised.work
Neil McGovern & Ruby Central part ways
Reprinted with permission from disguised.work
Links 20/04/2024: Chinese Diplomacy and 'Dangerous New Course on BGP Security'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 19, 2024
IRC logs for Friday, April 19, 2024
Gemini Links 19/04/2024: Kolibri OS and OpenBSD
Links for the day
[Meme] EPO “Technical” Meetings
an institution full of despots who commit or enable illegalities
Red Hat Communicates the World Via Microsoft Proprietary Spyware
Red Hat believes in choice: Microsoft... or Microsoft.
Chris Rutter, ARM Ltd IPO, Winchester College & Debian
Reprinted with permission from disguised.work
[Video] Microsoft Got Its Systems Cracked (Breached) Again, This Time by Russia, and It Uses Its Moles in the Press and So-called 'Linux' Foundation to Change the Subject
If they control the narrative (or buy the narrative), they can do anything
Links 19/04/2024: Israel Fires Back at Iran and Many Layoffs in the US
Links for the day
Russell Coker & Debian: September 11 Islamist sympathy
Reprinted with permission from disguised.work
Sven Luther, Thomas Bushnell & Debian's September 11 discussion
Reprinted with permission from disguised.work
G.A.I./Hey Hi (AI) Bubble Bursting With More Mass Layoffs
it's happening already
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 18, 2024
IRC logs for Thursday, April 18, 2024
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day