Podcasters can Watch FakeHub Originals Vol. 6 Onlinebreathe easy this week, after a court shut down an invalid patent threatening their craft.
The case was being fought by the Electronic Frontier Foundation, who have closely watched the status of a supposed patent for podcasting, owned by a company called Personal Audio. The patent's been threatening the act of creating podcasts for a while, now, with Personal Audio attempting to go after popular creators and major networks, The Next Webreported.
SEE ALSO: How the podcast boom is finally forcing radio to become more diverseThe EFF first challenged the patent in court in 2013, asking the court to take a second look at it. At the same time, they launched the "Save Podcasting Campaign," which they say received donations from over 1,000 people.
Though the court invalidated the challenged claims of the patent in 2015, the decision was challenged by Personal Audio. Still, the court sided with the EFF, ruling that the patent wasn't representative of an invention.
"We’re pleased that the Federal Circuit agreed that the podcasting patent is invalid," said Daniel Nazer, a staff attorney at EFF and the Mark Cuban Chair to Eliminate Stupid Patents. "We appreciate all the support the podcasting community gave in fighting this bad patent."
Personal Audio claimed that their patent covered all forms of podcasting, giving them the supposed basis for lawsuits filed against entities ranging from CBS and NBC, to HowStuffWorks, to, uh, Adam Carolla. The petition filed by EFF showed that podcasting had actually been practiced at least a year prior to Personal Audio applying for that patent.
Despite the EFF win, Personal Audio could still push back.
"Although we’re happy that this patent is still invalid, Personal Audio could seek review at the Supreme Court," said Vera Ranieri, a staff attorney at EFF. "We’ll be there if they do."
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