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.

Yesterday, I talked about two complaints of music developers writing applications for the iPhone. These come from developers who are really iPhone fans, who just want to get their software released and (for many music devs) better categorized on Apple’s store. Pajamahouse Studios, maker of the new Sonorasaurus remix application, follow up with a more detailed explanation of their situation.

These are not rejections; at least rejections are generally accompanied with some sort of suggestion of what would need to be changed. They represent the dreaded iPhone developer “limbo,” in which an application is neither rejected nor approved. For Sonorasaurus, that’s been the state of affairs for over two months. As the developers explain, there seems to be nothing unusual about their app:

• Library access: It doesn’t access the iPhone/iPod music library. (no application is allowed to do that, which incidentally limits a lot of the DJ app possibilities of the device) Clarification: The status of the music API itself is unclear; some developers report just this sort of approval delay when trying to use it. [Source] Also, access to files inside the media library is not directly possible, which can be compared to the status of Android.
• File access: A separate http server is provided, with a parallel library, for users to store their own tracks – again, something found on numerous other approved applications. This doesn’t use the included library.
• Included music / music distribution: Five included songs are for testing only – something found in a number of other, similar applications that have been approved. The application is not an alternative to iTunes for distribution.
• Media decoding: Custom MP3 decoding technology – something not provided on the iPhone – was separately licensed. Clarification: This was not meant to imply that you can’t do MP3 decoding; the developers meant to make the point that they were not violating patents or licensing by using their own decoding, which presumably they did for the purposes of building a DJ app.

Of course, whatever the reason, we’ve seen in past applications suddenly approved after weeks or months, so who knows what will actually happen with this app.

Read the full explanation:

In Limbo Pt. 1 [Sonorasaurus]

While reading that, though, I also have to observe how significant these workarounds are. Without launching into an Android versus iPhone debate – believe me, there are many, many things to criticize about the Android as a platform, especially relative to music –  none of these is an issue on the Android. Forget platform wars or fanboys. Alternatives are good. I’d hope that we do have more than one approach to how to do this. These approaches should have to compete with one another, as they offer different tradeoffs and advantages.

If music is becoming an application, this kind of freedom is important.

A powerful DJ application for your iPhone or iPod touch may be a tantalizing prospect. But several would-be candidates aren’t available to you yet. Why? They’re languishing in Apple’s approval process, with no sign of whether they’ll be released or not.

For all the success of Apple’s App Store, some developers and users continue to express frustration at what they believe is a sluggish, unpredictable approval process, restrictive Apple policies, and Apple’s complete control over distribution and categorization. That now leads to two complaints from music developers. A number of music developers want more delineation from Apple’s categories, so that the flood of general music apps don’t drown out powerful, creative tools. Meanwhile, developers of DJ applications claim that Apple is discriminating against DJ apps, which they say has led to delays without explanation.

“Open” development is relative, without question. Game system makers require developers to prove to them why they should be “allowed” to create titles, leading to a tightly-controlled stream of approved titles. But the success of Apple’s relatively open development model has prompted many software creators to hunger for greater freedom. I’ve increasingly heard people enthusiastic about the more flexible distribution model on Google’s Android (and other Linux) platforms, which allow users to install apps they want. I even moderated a mobile music platform panel at the CMJ music conference at which a Verizon representative, no less, talked about wanting to be more open to applications. The benchmark was Apple, for being perceived as overly restrictive.

iPhone/iPod touch developers, however, aren’t simply ranting against Apple. They’re complaining because they’re enthusiastic about the App Store. They want changes from Apple and believe there’s potential to get what they want. That said, I think they also illustrate potential for rivals like Google to outdo Apple – assuming those rivals invest more time and effort into courting these kind of applications.

Is Apple Blocking DJ Apps?

First, some developers believe that Apple is intentionally blocking DJ applications from being approved. Whether intentional or not, a number of potentially ground-breaking applications are unavailable after a significant delay. Kasabian Kasabianmeister writes:

Critics frequently attach the phrase “lock-in” to Apple’s iTunes Store – iTunes – iPod/iPhone combination. But, in the post-DRM age, what does that mean, exactly?

First, you have to recall that while for many of us the manual drag-and-drop music management is appealing, it isn’t so for many average consumers. They want sync. That means that music will be stored in iTunes and synced to Apple devices and nothing else. Apple is serious about locking you to their store and their devices, enough so that they frequently update their software with special keys that prevent the use of devices. iTunes is “free,” but Apple determines which mobile devices you can use and which you can’t. And Apple has gone after anyone who dares give you the ability to use your own music software or own devices, including efforts (ironically) to make their iPhone and iPod work with Linux and open source players.

These efforts don’t protect the music or prevent privacy – they protect users of Apple’s software and mobile devices from using anything but Apple’s tools. Yet Apple has used the Digital Millenium Copyright Act to take legal action over anyone who dares to even talk about how to use legally-purchased music and hardware:

OdioWorks v Apple

Perhaps suspecting their case was too thin to defend, Apple eventually backed off that particular claim — after, says the Electronic Frontier Foundation, “7 months of censorship and a lawsuit.”

Apple Withdraws Threats Against Wiki Site

But the software and hardware locks are unchanged. And Apple has won, in my view, an even more important battle: they have a monopoly over mindshare.

Mint.com, the online financial management tool, has put its numbers together with market researchers NPD Group to analyze music spending. The results: when it comes to consuming recorded music, digital music continues to rise. At the same time, so does Apple’s grip on the music consumption market, a combination that includes proprietary control of a music store, a music player, and the leading mobile device.