I love to listen to his podcasts, because they're truly enjoyable, just plain-old FUN banter about pretty much everything you can imagine. It's always enjoyable for me. Recently, they've taken on a bit more "bulk" to the format, though, and these guys are now enlisting their army of listeners to help them fight a very good fight: The fight against "PATENT TROLLS".
READ FURTHER TO LEARN more about how "Patent Trolls" are doing some pretty dubious dirty work to try to impede not only podcasting, but patents in general.
THIS POST WAS TAKEN FROM the School of Talk website, and I do urge you to check them out to get your dose of a head full of ear candy! (LOVE THAT!) I think you'll be glad you did! (Especially since I'll be their first guest on the show, in a forthcoming episode!)
Hey Everybody. Kevin here.
Anyone who enjoys podcasting as we know it – whether that means producing or listening – owes it to themselves to look into what is happening with patent lawsuits. I posted an appeal to listeners last week about this topic (post below), but it can’t be mentioned often enough.
The patent system was set up to protect inventors and entrepreneurs from having their life’s work stolen from them. The idea is to have a repository of the ideas and products that are already out there, so if you come along with a new idea or product you can prove that it’s new and that it’s yours. If someone tries to hijack your idea/product, you have a patent number on file with the US Patent Office and you can force them to back down and/or pay reparations.
That is not how Patent Trolls see the patent system. What they see is a way to make easy money and I’ll try to explain how. Patent Trolls exist mostly in the Tech Sector, where patents are more often about a concept than a material product. These low-lifes search the patent records for obscure technology patents that have gone dormant, but could be twisted to apply to an existing technology. When I say “gone dormant” I mean that the patent holder never did anything with the patent, for one reason or another.
Once they have found a patent they think has potential, they make an offer to the patent holder to buy the patent. The holder is thrilled that their old idea (that they thought was dead) is worth something to someone and happily sells it.
At which point the Patent Troll files a lawsuit against the person or persons who are currently making a living using a similar idea.
This is where their evil genius really becomes clear. Patent Law is designed to protect the patent holder. Anyone who has watched movies or TV shows about the legal system is familiar with the concept of burying the opposition in paperwork. This is what the Patent Trolls do, because it costs the defendant A LOT of money. Unlike other legal issues, there is no mandate in patent law that the loser pay the court costs of the winner.
The Patent Trolls are well-funded and able to pack the case full of busywork for the defendant.
Lets say they are suing for $5 Million. Chances are that the defendant doesn’t have $5 Million, and they know this. At the same time, the defendant’s lawyers tell them that it’s going to cost at least $2 Million to fight the suit (I’m totally making these numbers up, by the way). The Patent Trolls then make an offer to settle the suit for $1 Million. A number they know from their research is just enough to cripple the defendant, but not utterly break them.
9 times out of 10, the defendant takes the settlement. Not because the Patent Trolls have a case, simply because the defendant can not afford the court battle. Because even if they WON the case, they would be out $2 Million.
It is SICKENING.
The Trolls have now set their sights on Podcasting. They have filed suit against some of the largest, most successful podcasts. Among them, Adam Carolla, Marc Maron and How Stuff Works.
Carolla isn’t backing down. His is arguably the most successful podcast at the moment, with no sign of slowing down. That doesn’t mean that he can afford to pay out-of-pocket to fight these assholes. Like I mentioned above, they know how much to sue for and how much to offer in settlement. The actual numbers don’t matter much in this discussion. Other than the estimated $1.5 Million that it’s going to take for Carolla to launch a defense.
In a stroke of genius, Carolla has turned to the podcasting community to circle the wagons in support of his crowd funding campaign to raise the funds.
Now to the title of this article. Why does this matter to you and me? It matters because what the Trolls are after in this lawsuit isn’t just a one-time pay-off. They want licensing fees. Which means that if they win (there is no reason to think they will if it actually goes to court), EVERY podcast will be required to pay licensing fees.
This will be the death knell for podcasting as we know it. No longer will anyone with only time to invest be able to broadcast on the internet. No longer will people be able to build their podcast through sweat equity. It will all be based on whether or not you can afford the licensing fees. Podcasting has found its own level already. There is the corporate option to be sure; but there is still also the grass-roots option. The option that allows podcasts like ours to exist and fight for space on the internet. As it stands now, it is up to every podcaster to make or break their brand. If SoT doesn’t build an audience, that is on us as the producers of the content and marketers of our brand. So be it. I much prefer that to a corporation that tells us the only way people can listen to us is if we pay them what amounts to Mafia-style protection money just to post our content.
So. If you have any interest in seeing podcasting remain the independent, grass-roots concept that we’ve all come to love, I implore you to follow our lead and throw your hat in the ring with Adam Carolla in his fight. Visit fundanything.com/patenttroll to learn more.
Stay tuned to School of Talk for more information and a planned fundraiser for the month of May.
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