Patenting the use of all episodic media on the Web might sound absurd, but the US Patent and Trademark Office has granted just such a patent, to a company called VoloMedia. It’s a significant issue, one that could threaten the freedom of all media distribution online. Wherever you are in the world, you can help.

Intellectual property law was created in order to protect genuine inventions and innovation from exploitation. But predatory patents, based on bogus claims and attempting to stake out broad rights, threaten to do just the opposite.

Here’s a new idea: fight back.

Lawyers are the heroes this time. The Electronic Frontier Foundation’s patent-busting project aims to take down unfair patents that threaten common-sense uses of technology. A number of these have applied to music and audio. The EFF has already won a big victory against what had been the worst offender – media giant Clear Channel actually successfully patented recording live shows. (No, really — recording a live gig, then burning them on the spot. The EFF was able to bust that patent.) The advocacy group also scored significant victories against patents on sending and receiving online streams and encoding media. (If someone thought they could patent your ears and charge you royalties for hearing, they probably would.)

Lawyers alone haven’t won these battles. The EFF’s clever twist is to crowd-source its case, by getting people like you to help the group document “prior art” – in plain English, to prove that something existed before the patent. (Without basic chronology, I could claim to have discovered electricity.)

In short, you can help save the freedom of online content.

VoloMedia’s Bogus Patent – And Why It’s Dangerous

VoloMedia has been granted a patent for “providing episodic media.” The patent is broad enough to endanger any independent podcast or episodic media producer. Over the summer, Volomedia’s own Murgesh Navar sidestepped concerns about patent abuse to brag on the company blog about just how broad that claim was – that even non-RSS-based episodic media belong to them:

With specific reference to our newly issued 7,568,213 patent, it was filed in November 2003, almost a year before the start of podcasting.  This helps underscore the point, that for nearly six years, VoloMedia has been focused on helping publishers monetize portable media…. and has continued these efforts with the addition of a wide array of smartphone-based applications.  The patent that issued yesterday helps to tie together and reinforce the value of the various technologies and services that VoloMedia has developed to help accomplish this objective.  VoloMedia’s 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.  Today, podcasting is 100% RSS-based.  However, the patent is not RSS-dependent.  Rather, it covers all episodic media downloads.  It just so happens that, today, the majority of episodic media downloads are RSS-based podcasts, which is why we titled our announcement the way we did.

Aside from the “before the start of podcasting” lie – and I believe “lie” is the only accurate word – it’s the implied threat that should send a chill down the spine of anyone using the Internet. Make no mistake about it: VoloMedia wants anyone doing podcasting, via any mechanism, to work with them. From that same blog entry:

The impact of a strong growing IP portfolio is such that we would expect new entrants into the podcasting arena to have a collaborative relationship with VoloMedia, just as do many of the current players.

From the patent itself, as approved, the technology VoloMedia claims to own is described as:

A method for providing episodic media, the method comprising: providing a user with access to a channel dedicated to episodic media, wherein the episodic media provided over the channel is pre-defined into one or more episodes by a remote publisher of the episodic media; receiving a subscription request to the channel dedicated to the episodic media from the user; automatically downloading updated episodic media associated with the channel dedicated to the episodic media to a computing device associated with the user in accordance with the subscription request upon availability of the updated episodic media, the automatic download occurring without further user interaction; and providing the user with: an indication of a maximum available channel depth, the channel depth indicating a size of episodic media yet to be downloaded from the channel and size of episodic media already downloaded from the channel, the channel depth being specified in playtime or storage resources, and the ability to modify the channel depth by deleting selected episodic media content, thereby overriding the previously configured channel depth.

Plain English translation: if what you’re doing with media has episodes, you owe VoloMedia.

If this patent were allowed to stand, and if VoloMedia were able to successfully enforce it, it would have a chilling effect on all Internet distribution. Regardless of the likelihood of their legal success, that underlies the fundamental problem with patent law – it has come completely unglued from reality. That alone ought to motivate people to fully document these issues and try to effect change.

Wondering why you haven’t heard of VoloMedia if they supposedly invented all episodic content online? Right now, they advertise “solutions” for advertising and analytics, an iTunes plug-in, and branded mobile apps for platforms like the iPhone. That’s it. RSS and previous formats date back to the 1990s, with the intention of covering episodic media across formats, just as the VoloMedia patent claims. These were published standards years before VoloMedia’s claim. That’s why demonstrating the details of this history become so important: they could strike down VoloMedia’s bogus patent.

Help Write Episodic Content’s History

VoloMedia’s patent twists the law, and common sense. But the same laws also provide for disproving a patent. If you can prove that an invention existed prior to the date for which a patent is claimed, you can undo the damage.

For that reason, the EFF is asking for your help. Knowing the readers of this site, I imagine there are people out there who know those details, or know people who do.

You’re all old enough to remember the Age Before Fall of 2003, right?

Here’s the call to action:

In order to bust this patent, we are looking for additional "prior art" — or evidence that the podcasting methods described in the patent were already in use before November 19, 2003. In particular, we’re looking for written descriptions of methods that allow a user to download pre-programmed episodic media like audio files or video files from a remote publisher, with the download occurring after the user subscribes to the episodes, and with the user continuing to automatically receive new episodes. You can read the entire prior art request here, and if you have something that could help, please send it to podcasting_priorart@eff.org or fill out the form on our Volomedia page.

For more information:

EFF Tackles Bogus Podcasting Patent – And We Need Your Help

Patent Busting Project: VoloMedia

Prior art serves a second purpose. Part of the reason predatory firms can abuse patent law is because technology’s history is so poorly written. I would like to see these kinds of bogus patents struck down, but I’d also like the real history behind today’s technologies to be told. So even beyond this legal battle, I hope that we begin to make the story of technologies like what is now called “podcasting” accurate, complete, and fair. Future generations of technologists will thank us.

Certainly, the VoloMedia patent, if enforced, would do tremendous harm to media today. The entire strength of the Web is that it doesn’t have to have homogenized distribution channels, that anyone can publish without centralized outlets or “collaborative relationships” with any big partner.

If you’ve never cared about intellectual property policy before, this might change your mind. No one should be allowed to un-invent the Internet.

Twitter has been (rightfully, in many cases) maligned as a distraction, but at times the “microblog” can keep us connected in smaller bits of time, not larger. People read while something is rendering, when they feel a bit lonely or distracted to begin with (a bit like taking work to a virtual coffee shop), while they’re in line at the grocery looking at their phone. And for the bedroom- and studio-based music maker, Twitter reveals something of what the future might be like. Twitter itself can sometimes prove too unstructured to be useful, but that one service aside, it demonstrates that we can find ways of being connected to other music makers in new ways – ways that have probably only just begun to evolve.

Yesterday I looked at why I thought Imogen Heap was doing Twitter right – both as a model to follow, and a chance to see her as an artist in a different light. But I also hoped to hear who readers here might be following. In the informal tradition of “Follow Friday,” here’s a look at a few of those people.

Side note: I’ve actually gotten a whole lot of useful stuff from Twitter – it’s allowed me to keep connected to people I might otherwise lose touch with, and I’ve gotten great news leads and project stories out of it as a writer. I’ve gotten more technical help than musical – but that’s also helped me fix the technical stuff with servers and the like so I can get on with music and visuals. I have a mile-long list of complaints about how I think this sort of thing could work better, but – well, I’ve been online since the days when I had a 1200-baud modem. There’s always hope for change. Oh, and TweetDeck is the best client for processing information productively; I’m just waiting for multi-account support.

Reader Tips for this Week

The first two here also tour with Imogen Heap, but are great musicians themselves (with terrific accompanying solo careers). The last two take us another direction, thanks to one of CDM’s Twitter followers.

Zoe Keating, suggested by Tim/newmusicmonday in comments
Bio: “cello, computers, pancakes.” (great line)
Sample tweet: “mix, tweak, mix, listen, rest, mix, tweak, mix, re-record, listen, rest, go to post office, mix, mix, mix.”
Website | http://twitter.com/zoecello

Levi Weaver, also suggested by Tim
Bio: I’m always doing at least 3 things Ed.: hint – one of those is making great music
Sample tweet: “Just avoided RyanAir baggage fees the same way I used to try to make spankings not hurt as a child: Books down the back of my pants.”
Website | http://twitter.com/leviweaver

Todd Reynolds, the superstar violinist
Bio: Digital Violinist and Global Music Citizen and Advocate. Teacher.
Sample tweet: “If there is one thing that I learn over and over again in music, it’s that simplicity, when embraced, opens a straight shot to the core.”
MySpace | http://twitter.com/digifiddler

Steve Lawson, suggested by @MKS21471
Bio: “Bass 2.0 – musician, webbist, uni lecturer on music and technology, bass teacher, music journo… one of life’s enthusiasts. :o) ”
Sample tweet: “Wordpress nerds, what CHMOD settings do I need to have files uploadable to the server etc. but still be secure?” (hey, I told you this is part of what Twitter is useful for)
Website | http://twitter.com/solobasssteve

Steve’s blog, by the way, is full of tips on social media (still hate the term, but the idea is good). http://www.stevelawson.net/wordpress/

Regular Information Sources

Other active Twitter feeds I follow:
@stretta – of monome fame, “Graphic Designer. Musician. Tea snob.”
@Chris_Randall – of Audio Damage / Analog Industries
@podcasting_news – James Lewin on both his podcasting site and the prolific Synthtopia; expect a lot of tweets (but you won’t have to dig through RSS)
@wesen – for beats and powerful geeking on new projects like the Mididuino
@serial_consign – Greg Smith on digital media, culture, theory
MarkMosher is doing all sorts of things, Web and musical, including running the ModulateThis blog
@MusicThing – the blog is gone, but Music Thing lives on as Tom tweets

Modular Friends, Ableton Tips

Twitter is in everyone’s thoughts, this week, it seems. (Perhaps the perfect medium for a sagging economy?)

stretta himself rounds up a fantastic list of Twitter feeds, with an emphasis on modular synths.

As noted by Wire to the Ear (and note Oliver Chesler’s feed, too):
AbletonTweets, entirely unofficial tips on Live

Me

Oh, yeah:
The blog feed – more CDM business, CDM headlines
(I found it made sense to separate the two.)

Do say hi, and since I’ve lost track of who’s following them, send a @shout at me and I’ll take notice of you!

Micromusicblogging?

But what if Twitter really does seem like just a distraction? Could quick blog entries make you more productive musically, and help you share what you’re doing with others?

Dan Gillespie is trying a microblog concept in his own work: “MicroSong,” tagline, “publish your process.” It’s a bit like a musical tumbleblog – but only about the music, not the various Web distractions one finds online. He writes:

I’m hoping to have a couple friends and local artists come on and share their process when song writing and music making, this has always been the fun part for me.

Like I said, it’s just starting up, but it’s cool to see other people thinking the same sort of things. Maybe I’ll have to hook up with twitter as well.

microsong.blogspot.com

And yes, before someone steps in and says it, of course all of these are an additional drain of precious time. But then, that to me is the point – and it’s a good thing. Some of these ideas will prove to be distractions. But if you can find an approach where the benefit is worth the input, you’re likely to stumble upon something that’s efficient, that makes sense to you.

Let us know how it all works out, okay, Internets?

And, nope, this list isn’t close to comprehensive. That’s where you come in.

American citizens have turned their eyes to the incoming Obama Administration for all kinds of change. It wouldn’t be overstatement to say that just about every possible hope is being pinned to the new government – practical or not. But there’s good reason to believe some significant changes may be in store for both the areas of arts and technology, in ways that are not only relevant to CDM readers in the US, but could impact the global climate for these areas.

The federal government in the US can’t do everything, particularly when economic pressures are likely to make budgets tight. But they can do something to set the tone. Even more importantly, there should be opportunities for people who want change to become active and vocal, and to learn from each other, wherever we are in the world.

The agenda I think we’ll want as tech-using artists and makers:

• Defend innovation, commercial or common, from patent abuse (see: White House)
• Embrace open source – something that could benefit, again, commercial and community endeavors alike (see: BBC, OSI)
• Make the arts a priority, and one that via technology connects to renewed interest in math and science (see: NYT)

As you can see, regardless of your party affiliations or even country of citizenship, these are things we can work on together. For a start, I’ve already talked about personal changes – not simply governmental or political changes – that can make a difference in our communities:

Your Own Times of Change: Greetings, “Makers of Things”

Here are some additional issues that may well interface with the incoming US government, with impacts on the US and around the world.

Above: Remixing history, through the ears of the UK.
Obama’s Inauguration as Reaktor Mash-Up: Tim Exile

Technology: Patents

You can read the Obama technology agenda on the new White House site (itself a subject of discussion and hopes for new transparency).

http://www.whitehouse.gov/agenda/technology/

A lot here reads like campaign language, so it’s tough to say what the actual policy will be. But this bullet should be especially interesting to digital musicians and visualists:

Reform the Patent System: Ensure that our patent laws protect legitimate rights while not stifling innovation and collaboration. Give the Patent and Trademark Office (PTO) the resources to improve patent quality and open up the patent process to citizen review to help foster an environment that encourages innovation. Reduce uncertainty and wasteful litigation that is currently a significant drag on innovation.

I think flawed patents may be the single biggest to new creative technologies. It impacts both hardware and software, and everyone from DIY makers to useful research in big corporations. (And yes, even big corporations can do research that’s useful to the rest of us. For one thing, even some of that corporate research is open source.)

Patents in the US in particular have been wildly abused. Companies who don’t make anything have effectively “squatted” on ideas that might someday turn into products. Those patents are defined so broadly that by the time a genuine innovator invents something real that works, they often find they’re in “violation” of a nonsense patent. Large businesses, acting defensively, have added to the problem by over-patenting their own research. Clearly, we need some common sense rules so that patents cover people actually making stuff.

There are few political issues more directly relevant to the music and visual technology covered on CDM. I’ve seen patents stifle innovation countless times on this site, and when that hasn’t happened, fear about patents has often been a factor in preventing people from more aggressively pursuing their inventions. It’d be unrealistic to expect the Obama Administration alone to magically solve these problems. But a friendly Administration could invigorate debate, meaning now is the time to get active on this issue. I’m no expert in patent law, but I’ll certainly welcome people who are to become involved.

I’d also like to see the open source community begin to formulate a way of responding to patent issues. Open source has almost exclusively dealt with licenses in copyright terms. Certainly, the community is sensitive to the issue, but just sitting around worrying about patents does nothing: open source inventors need to start formulating a concrete strategy. They’ll need help, not only from the government but experts in the field. But the timing is right.

Whether people want to open-source their inventions or not, I think DIYers and researchers and even businesses who actually create stuff have a common need here. So it will be equally important for that open source community not to just blindly rail against patents, but find policies that work for everyone. “Makers of things,” not just open source advocates, have an opportunity to come together.

Technology: Open Source

The Obamas clearly have the power and popularity to popularize trends and ideas. Sometimes, that borders on the absurd: when it was revealed the Obama children wore J. Crew, the clothing company’s site crashed. It’s little wonder, then, that open source advocates would hope the new Administration would champion their cause. BBC News’ Maggie Shiels has a great story on those possibilities:

Calls for open source government [BBC News, via Slashdot]

One figure behind the rallying cry for open source is Sun co-founder Scott McNealy. That’s interesting, as Sun was actually quite late to the open source party. Sun didn’t open its flagship Java technology until after McNealy’s tenure. The fact that he has been won over I think is telling – McNealy created one of the world’s biggest tech vendors. The rationale for his appeal is simple: open source is cheaper.

I think the case should actually be broader. If the US – and, indeed, the economically-weak planet – want to advocate new growth in education, science, and technological innovation, it’s a no-brainer to have at least some technologies common and shared. That could ultimately lead to benefits for big vendors and individuals and the economically challenged alike.

And if you want to push open technology, artists should be among your first stops. We push the real-time capabilities of computers harder than anyone. For instance, when researchers wanted to demonstrate real-time Java, they chose a Bach performance. Why? Playing Bach turns out to be more timing-critical than one of the other applications – controlling a nuclear submarine. (The Army phrase “Be all you can be” comes to mind.) The drive of self-expression can be a powerful way of to realize technology’s full potential.

Direct quote on that, by the way:

Music synthesis is, in fact, more stringent in its real-time needs than many other hard real-time systems. For instance, avionics typically operate at a period of 20 milliseconds, or about 10 times longer than the synthesizer.

Harmonicon research at IBM

Open source needs music and visuals – and we often need open source. In music and visuals, the lack of interest in basic, open frameworks has often stifled the success and expressivity of the tools we use. I was impressed by the new stuff at this year’s NAMM. But many of the leading technologies – Novation Automap and M-Audio HyperTransport for controllers and Akai’s APC and Native Instruments Maschine among the hardware announcements – were limited by aging standards and proprietary implementations of control. Those same vendors struggle with drivers for proprietary computer operating systems owned and controlled by someone else. The result: music technology is often hard to configure and unreliable, limiting its appeal and reducing the number of customers. The solutions there aren’t all easy, and open source is no panacea, but I don’t think I’m overstating the problem – or the lost potential that could be coming from the open source world.

Of course, the Obama Administration is unlikely to do anything of practical use to artists or musicians when it comes to open source. But it could set a tone – and I’d argue, it already has. The Open Source Initiative’s Michael Tiemann noted just after the election that the Obama campaign had benefited from running open source tools. Whether or not Obama mandates federal offices run OpenOffice or something like that, I’d say the proof of open source’s utility is already out there:

Barack Obama proves the power of Open Source [Open Source Administration blog]

And that should be the main interest of arts technologists and creative tech vendors – politics aside, open source can pay.

Arts

We have mixed blessings in the US. On one hand, government arts funding has often been scant. On the other, we have an artist community that has vigorously defended its own value against the harshest critics, a uniquely-generous private funding climate, and a bootstrap, DIY approach by artists to supporting themselves. Arts advocacy groups are nonetheless eager to use the Obama Administration as an opportunity to get more badly-needed support – and they’re using the economic stimulus as a new angle:

Arts Leaders Urge Role for Culture in Economic Recovery [Robin Pogrebin for The New York Times]

Don’t believe them? Here’s a number for you: US$167 billion. That’s the amount Americans for the Arts says nonprofits contribute to the US economy. (They also employ some 6 million people.) And that’s just nonprofit groups; the impact of the arts and music are of course far bigger than that. As evidenced by this site, that cultural economy is increasingly globalized, meaning the entire business of making things could grow around the planet.

Much of the actual policy here would be more symbolic than practical. The additional US$50 million advocates want for the National Endowment for the Arts would have little meaning to an individual artist, though I’m sure the agency would love to have it. But “reframing” culture as an important part of the business of America is something that’s badly-needed.

Along the same lines, calls for WPA-style support for artists as part of economic recovery:

Will Act for Food [Newsweek]

More practical, I think, is the need for US policy that makes healthcare more affordable and accessible to the self-employed, a significant group of American readers of the site. If individual musicians or visual artists or freelancing coders and visualists and the like didn’t have to worry about spiraling health care costs, they could contribute in other ways a lot more easily.

Globally, we need a climate that’s friendlier to artists in general. The recent struggle of music tech research centers like STEIM in Amsterdam and IRCAM in Paris – places Americans might have assumed would be safe – is solid evidence of that.

Connecting this to the material and business of this site sure isn’t hard. Musicians and visualists increasingly sell to fans and one another, build their own businesses from scratch, innovate technologically, share open source research, teach others, volunteer, and add DIY tech businesses to their portfolio as they make their own hardware and software.

One thing missing from the traditional arts advocacy approach is the ability to use music, movement, and motion to aid in innovating in and teaching math and science. With technology (or even without it), expressive media are a fantastic way of demonstrating math and science concepts and making them creative and personal. I know I would have had a much easier time in school with topics like physics and Calculus if I could have connected them to music and animation, and I don’t think I’m alone.

That’s the philosophical framework, anyway. Given that tone matters for all of these issues, it’ll be interesting to see whom Obama makes NEA chief and what steps that agency and the Obama Administration take in arts policy.

So, thus concludes the post-Inauguration edition of this story. But you can expect to see a lot more on all three of these issues as they directly relate to the subject matter(s) of these sites – and expect more than just the President making some of the headlines.

I got to sit in as a guest on the excellent Music Tech for ME podcast last week:

Music Tech for ME 2008.07.01-#030

Be sure to check out the whole Music Tech for ME series. There’s some great stuff in there, covering educational issues, how technology is evolving and how it fits in with teaching, and broader musical and technological topics, as well:

musictechforme.com

Of course, on CDM we’re regularly pushing the envelope and getting as tech-specific as possible (hey, sometimes I actually lose myself). But it is important to realize that technological needs for teaching can be more modest — and as podcast host Keith Mason observed, music teachers are often way behind the technological curve, meaning starting with the basics is essential.

Another excellent resource for music technology educators:

mustech.net

It’s a blog network, and they’re trying to get 100 people blogging about music education. Your blog can be hosted wherever you like; they’re just collecting existing blogs.

Are you involved in music education? How do you work with technology? Are there specific issues you’d like to see covered on CDM? Let us know.

Photo: Oude School. (showing the traditional view of music education, though hey, putting in a portable digital recorder or adding computer notation could make all the difference)

You know I’m often (well, sometimes, anyway) a reasonable, rational, measured person. And you can probably guess that, as a fan of design and elegance, I really appreciate the iPhone’s elegant design, the fact that it pays attention to user experience. I think it’s a major innovation, one that will have far-reaching effects. Yet, something about walking out the door of my apartment building and seeing a hundred people waiting in line just because there’s an AT&T Wireless store on the block — one of many here in Manhattan — is setting me off.

I miss computers. Remember computers? Remember the Apple II, which came pre-installed with BASIC so you could start programming it out of the box (in stark contrast to the closed nature of iPhone)? Remember the Newton, which you could turn into a drum machine if you wanted? Remember how Steve Jobs’ first product, with Steve Wozniak, was a device that actually ripped off AT&T? That sounds like fun. It’s just sort of hard to see the iPhone being the landmark 50 years from now, even if Steve Jobs told Apple employees they’ll tell their grandchildren about the iPhone launch. (I have a feeling their grandchildren will respond, you used THAT?)

I like devices that can make music, not just listen to it. Mac? Check. iPod? Nope. iPhone? Not so much. That’s the reason so many readers here still get creative with old Nintendo game systems and Commodore 64s and 1960s modular synths — music doesn’t age, and neither does music technology. Sure, I might even get an iPhone at some point … but for now, the best gadget I’ve ever met is still the Mac. And June 29 for me is a Pixar release date more than an iPhone release date, a reminder that, despite the name of this site, art made on computers can be more than “digital” — it can ultimately be just music and art. Eventually, the technology doesn’t matter. And creativity is still the best killer app of the digital age.

It’s not that I don’t understand the appeal. Tycho on Penny Arcade puts it best: “I just think I’m ready to use a device where each application was designed by people who seem to talk to one another on occasion.” Wow, the wonders of modern technology. That would explain why people are lining up for this thing like it’s a Depression-era soup line: most phones really are that bad.

But here’s my suggestion: Let’s talk about anything. Anything. Worth $500 or less. (Heck, two years of service … say $1500.) Anything that’s not an iPhone. (Newton totally counts.) I mean, either you’re going to go get an iPhone and you probably need someone to take your mind off of it for a few minutes while you wait in line, or you’re like the rest of us, surrounded by a swamp of hype. Meditation time … Moooooooooooooog. Moooooooooooooog. (Hint: if you just sounded like a cow, you’re saying it wrong. Think Ohm. Or Ohms.) What technology do you get excited about that’s not an iPhone?