On July 28, VoloMedia was granted a patent continuance for the automatic distribution of episodic multimedia content via download—i.e. podcasts—by the US Patent and Trademark Office. The continuance was originally filed 2008, but it’s an extension of the terms filed in a VoloMedia patent from 2003, which largely predates the advent of the podcast. Unfortunately, the patent casts a wide net that covers all episodic media delivered automatically via the Internet, not just podcasts tracked via RSS.

The Volomedia patent claims a method for (1) allowing users to select and download, via the internet, episodic media (podcasts) from a website that contains this pre-programmed episodic media, (2) subscribing to a channel that contains the desired episodic media, (3) automatically downloading the episodic media whenever that media has been updated by the website containing the episodic media, and (4) if the user does not have enough available storage space, allowing the user to delete previously installed episodic media to make enough space to download the current episodic media selection. The episodic media can be audio, video or other downloadable files.

By these terms, it would appear that even episodic TV shows delivered via a season pass on iTunes or the Zune Marketplace would also be covered by the patent. This clearly goes far beyond what we typically consider to be podcasting; big players like Apple and Microsoft clearly have quite a bit at stake.

After the patent was granted, VoloMedia responded to the backlash on their blog by painting their intentions as purely benevolent. Neatly tiptoeing around the topic of licensing, the firm outlined a three-part agenda: First, they want to standardize the technology so that software, directories, analytics and advertising can work more universally. Second, they feel they have the size and momentum to create the de facto standard. Finally, they want to use their intellectual property to “define and improve the ecosystem for the benefit of all participants.”

To be fair, VoloMedia did express the same motivation to Ars Technica, saying:

VoloMedia is not entertaining or pursuing any licensing conversations… VoloMedia’s main intent is to continue to work collaboratively with key participants in the industry, leveraging its unique range of products to further grow and accelerate the market, not introduce new impediments.

While these intentions sound benign, the firm’s patent now encompasses all episodic content delivery mechanisms, meaning no real open alternatives can legitimately exist. The last thing producers and consumers need are standards set and owned by a private company with its own content at stake

Thankfully, the Electronic Frontier Foundation has pledged to fight this bogus podcasting patent, and the EFF has a better chance than most at contesting it. However, before the organization can make its case, they need to find podcasts or podcast-like mechanisms being used before the original patent was filed in November of 2003.

There are nine claims made in the patent, and each one needs to have at least one example of prior art for the patent to be contested. If you’re interested in helping, the EFF has established a Patent Busting Project for VoloMedia where individuals can review the claims and assist in finding the necessary prior art.

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