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Just start with the Claims and go from there. You must literally infringe every single word (that's why patent Claims seem so awkwardly worded). Simply not do
by M8R-fhlcjm 14y ago
Just start with the Claims and go from there. You must literally infringe every single word (that's why patent Claims seem so awkwardly worded).
Simply not do ANY ONE OF THE following:
> "series of episodes"
So a single episode and you may avoid infringement
> "performing, from time to time, one of a sequence of update operations"
So eliminate periodic operations, or sequence of updates and you may avoid infringement
> "each of said update operations comprising: downloading via the Internet the current version of a compilation file identified by a predetermined known URL"
So either don't identify using known URL (admittedly not likely but worth mentioning), avoid what they defined "compilation file" to be, or even avoid "predetermined" and you may avoid infringement
> ", and storing attribute data contained in said current version of said compilation file in said digital memory, said attribute data describing one or more episodes in a series of episodes"
Now it starts sounding like "compilation file" is more than just a mp3 file. So the first support I find (CTRL-F is your friend) related is:
> "The download compilation file 145, though represented as a single file in FIG. 1, preferably takes the form of one or more subscriber and session specific files which contain the identification of separately stored sharable files. By way of example, the recommended order and the identification of the program files making up an individual playback session are stored in a session schedule file (to be described in detail in connection with FIG. 5) which contains program identifiers of the program segments to be played during an upcoming session. The player 103 downloads the session schedule file and then issues download requests for those identified program segment files which are not already available in the player's local storage unit 107."
Add to this, FIG. 5 and FIG. 6, and it looks like compilation file includes one or more things like indexes, transcripts, condensed content, topic description, paragraphs, etc...
So avoiding this "compilation file" is probably their best bet - just serve straight up mp3 files and you may avoid infringement but compile mp3 into these "compilation files" and you're infringing.
What troubles me is that I'm not an expert but yet have found plenty of options for Carolla/etc to avoid this (and relatively cheaply). So who's the patent lawyer giving Carolla advice to fight this? Probably the EFF as part of their anti-patent propaganda.
- YokoZar 14y agoIt is neither interesting nor helpful to point out that the defendants of this patent troll could have avoided a lawsuit by avoiding podcasting altogether. The described mechanism is how podcasting has worked for over a decade and it is wholly unrealistic to expect everyone to preemptively engineer around an overbroad patent that was only granted last year.
- deleted 14y ago[deleted]