
Patent trolls tend to be this guy or Lionel Hutz.
Lately, when it comes to the legalized blackmail, patent trolls have realized that targeting large corporations that have lots of money might not necessarily be the most effective tactic, so they’ve instead been bullying the little guy. And now, they’re going after podcasters.
Marc Maron, host of one of the more popular podcasts around, posted the following about what he’s been seeing.
A patent troll called Personal Audio claims to own the patent for podcasting and is suing Adam (Carolla) and some other podcasts and sent letters of coercion to me and about a dozen others. It’s serious bullshit. I know you’re thinking, “How can you patent ‘podcasting?’ That’s ridiculous.” It is ridiculous, even when you look at the patent, but now someone has to pay LOTS of money to prove that.
You might be wondering what you, as somebody who enjoys podcasts, can do to fight this. Well, there actually is something you can do: Contact your Congressman and Senator and petition them to support the SHIELD Act.
The Saving High-Tech Innovators From Egregious Legal Disputes Act, once you boil it down, does something simple and effective that would shut down patent trolls for good: Legally requires patent trolls, if their suit is thrown out or they otherwise lose, to pay the defendant’s legal costs.
Considering that patent trolls lose three-quarters of the cases that go to court, and that each case lost can costs millions for the defendant, it would completely eradicate the profits in trying to blackmail people with patents.
It’s pretty simple: Go here, punch in your zip code, and you’ll be pointed towards your representative. Let them know it’s HR 6245, and (politely) let them know why you support it. Mention the scanning story we linked up top, it’s a good summary of the bullying and insanity on this topic.
Take two minutes: Your podcasters will thank you.



Death to the Trolls! Also, I’ve been a Maron fan since Short Attention Span Theater.
Maybe. First, I don’t think the fee-shifting provision of SHIELD accomplishes much more than those already in place through the concept of sanctions, but why take the chance of punishing actually innocent holders of valid patents?
Wouldn’t it be all around more prudent to better regulate the patent office, which is clearly doing a crap job of vetting some applications?
Well, I suppose you could hire a bunch of people over at the patent office to vet every single one of these cases costing the taxpayers boku bucks, but I still prefer the idea of making the douchebag lawyers who file these have to pay for it out fo their own pockets as a deterent.
Solution: If the Patent Troll loses his court case he has to pay the defendants legal fees. Defendants lawyers agree to waive all fees if they cannot successfully defend the defendant against litigation.
End Result: Patent Trolls only target egregious patent violation less they be bankrupted paying the legal fees of frivolous lawsuits.
To answer your question, Dax, patent trolls rely on volume for invalid patents. A guy who has a genuine patent and who really does get ripped off has a much better chance of winning than a law firm farting these out by the dozens.
^ No Doubt. Only concern is that it could be used to reach beyond the trolls by a savvvvvvvvvy attorney. (always forget if that’s 2 “v”s or 9).
If only the SHIELD act was hiring Sam Jackson to show up to court in your defense.
“YES THEY DESERVE TO DIE AND I HOPE THEY BURN IN HELL” is usually what I think when I hear about patent trolls
The Devil’s Advocate>/em> was a shitty movie.
so are my html skills.
It was a shitty movie. On the other hand, it has the virtue of being shorthand for “lawyers are evil”.
I picked up what you were puttin’ down big daddy.
Except for Al Pacino’s speech. That was the best thing since Serpico.
Ironically, it was fantastic fodder for “How Did This Get Made”, a fantastic podcast in its own right.