Apple says OK to podcaster for use of the term "podcast"

Nov 30

Can you own a word.

Well, according to the american patent office, you can. Its the most bizarro system I have ever seen , but it does exist. The original idea of patenting was to protect inventors from having their ideas stolen by others. But it has , thanks to a lowlife breed of patent layers, degraded into a parody of that original concept. Where once it was a proud institution to protect those who shone the light of progress into the future, it now is rapidly becoming a stuck hand-brake on the chariot of progress, with evil layers sucking up the fumes of the burning asbestos.

Because patenting is no longer about original idea's, its about going to court, getting a patent approved for the most ridicules thing and then suing everybody in a 300 mile radius if only they dare to THINK about your patent. And why ? As a source of income of course. Now if all of this was just to keep legal departments occupied, we would just give both parties sticks with pointy nails and tell them to get it over with. But patenting (in its sick and twisted form) is slowing down progress. Cause not only can you patent products, you can also patent idea's, concepts, even WORDS.

Apple tried to sue several company's a few months ago for the use of POD in their company name. Podcastready.com felt the burn, Ipodder had to switch its name and suddenly PODcasters where getting nervous. What if apple started sending around cease and desist letters to all of us too. Some thought to duck the bullet by changing the term Podcast to Netcast ( I think thats a lame word btw ) but they had good reason. Cause in the whole system you don"t HAVE to be right. Its just a matter who has the most layers, the most money, and the time and balls to fight it out in court. Who cares if the judge rules in your favor after you've sold your house to pay your legal fees.

So the question remained : Can you own a word ? Dave Gray decided not to wait for an answer. With the "pod-patent" in limbo he took some balsy action and wrote to Steve Jobs, sending him a letter in which he explained he would like to continue to use the word "podcast" and included a cheque of one dollar to cover those expenses. Now writing to Apple is like writing to santa. Sure he gets your mail .. but he never writes back… Or does he ?

 

 

 

letter

 

The kid that got the letter back from Santa.
Surprise surprise when yesterday a letter popped into the mailbox from Apple where they sent him back his money and stated IN WRITING that they would not sue over the term PODCASTING. A ripple of rumor vaulted through cyberspace as the news was noted. This might have big repercussions for future court-cases and to the shows of many pod-casters who feature the word "podcast". Can we rest easy now ? I do not now, there are always legal loopholes in loopholes in loopholes, but the core of the story is : No matter who you are, where you live or what you do . It are those with the guts to be bold that get the rewards of the few.

 Read the original post HERE ,  and related articles HERE.

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The paradox of mainstream media.

Oct 11

My good friend Dave Gray (also my co-host at the global geek podcast ) called me this afternoon with some great news. He got a reply from Scoble on his WordPress blogg actually encouraging people to get him on the A-list over at wordpress. Now I know this might all sound like jibber jabber to most of you , so let me explain. Dave has a Blog over at WORDPRESS. WordPress is a service that hosts people's blogs (the biggest service actually) and has a top five list of most read blogs. The Scoblelizer is one of these blogs (we call these people A-list Bloggers) . Made by Mr Scoble (former Microsoft employee and major internet celebrity). Daves Iny tiny article about the impossibility of getting mentioned in this top five as an average-joe blogger with all these A-list bloggers on the wordpress service. And mr Scoble replied ! encouraging everyone to take a peep at Daves blog.  Basically saying he was tired of being on the top five ant thought that it was somebody else's turn. The equivalent would be a Pablo Picasso telling the world to come take a look at the skeches you made in your hobby room. It all inspired me to write up this little article. 

The paradox of mainstream media.

One of the great things that have always attracted me in both blogging  and podcasting was the fact that the means to make the cut where the same for everyone.  In the beginning you would need an publisher to get your message in the paper , get a book out or whatever. You used to need a radio station to get your voice heard and you would have to sleep with the producer to get on the tube.

All of that has changed thanks to the power of the internet . Now think about it : Everybody could be somebody. Everybody had an article , everybody has a voice and everybody has equal access to the masses.

But the maturity of the internet has taken its tole. Even in cyberspace we are becoming aware of what can only be called "mainstream media".  In our little microcosmos we have our own celebrities. Rest asured : mentioning their names to the average joe on the street will probably get you a "huh?-and-a-shrugg" but to us cybernauts ringing names like Scoble, Dvorak, Curry, Lewis and others are as common as apple pie in Alabama.  

Somehow sites like Digg, delicious and others that are the "lords of the lemmings" drive the droves of socially bookmarked surfers towards these mainstream lanes of Top-bloggers, Celebrity podcasters and unintentional amateur pornstars (hello Ms Hilton). So somehow I wonder if the single voice of the average Joe can still be heard.

And what about the average Joe ? An interesting discussion lately presented me with the following dilemma. Would you bend your words, twist your tongue and flex your ideas in order to be popular ?  Or would you rather speak from the core of your soul to ten people who appreciate what you are doing.

aloneI (for one) have made up my mind. With an itti titty podcast reaching some 150 people a week. My blog gets hit about 80 times a day. And you know what ? I don't mind. Once in a while one of my regular listeners or readers drops me a comment, taps me on the shoulder or even walks up to me at work and says : Great post ! I love that . I appreciate the small crowd more then the large amount of people that will probably never really care what I say , but just hit my blog cause "everybody does" or cause it was at the top of some list.

But in fear of being branded as "Sulking blogger with digg-rank-envy" let me reply that one of the greatest pleasures of writing is not being read, but to write. One of the joys in podcasting is to create from the core of my  soul and not molding my content to appeal to the masses. I wouldn't mind 50 000 people to FIND my site , I would just feel weird having to write for all of them on a daily base. Somehow all these eyes or ears would change the acoustics of creativity. Would I create just like that , or change my content in order to remain popular ?

So let my tree fall in the forest , I don't really care if somebody hears it or not. The joy is in making unique stuff that is read by unique individuals. If somewhere around the world ONE person smiles when reading this .. i'm satisfied. Because the reward of creativity is the creation itself.

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