Settlement Is Encouraging Sign for Podcast Producers

BEAUMONT, Texas — In an encouraging sign for operators of podcasts, including the scores who operate adult entertainment-themed ones, patent troll Personal Audio has dropped its lawsuit against Adam Carolla, the comedian and former radio personality who ventured into the format several years ago.

The lawsuit, dropped on Friday, had alleged that Carolla infringed on its patent for delivering episodic online content.

If the case had gone to trial, Carolla planned to argue that Personal Audio's patent was invalid because the so-called podcast invention was described or made obvious by other people’s work before Personal Audio filed its patent.

The Electronic Frontier Foundation today said that Carolla and everyone who donated to a defense war chest he set up "deserves massive credit for putting up such a strong fight."

"The podcasting community showed that it would not be shaken down," the EFF said. "Patent litigation is very expensive and most troll targets settle early just to avoid the cost of defense. By fighting back, Carolla forced Personal Audio to actually mount a case and establish that it deserved money. That turned out to be too hard for the troll.

"Carolla is the one of the most successful podcasters in the business. If suing him makes no economic sense, then it makes no sense to sue any podcaster."

But the EFF also said that because the parties came to a settlement, Carolla loses the opportunity to invalidate the patent and have Personal Audio pay his legal fees.

"For now, the TV companies are still in the case and are headed to trial in September," the EFF said. "If they don’t settle, and they win on invalidity, then they would also defeat Personal Audio for the entire public.

"And EFF’s challenge at the Patent Office will continue. So Personal Audio’s claim to own podcasting is not necessarily saved by this settlement."

The EFF's case is before the Patent Trial and Appeal Board at the U.S. Patent and Trademark Office. EFF is on schedule for a hearing in December with a ruling likely by April 2015. Carolla’s settlement does not impact the EFF's case.

View motion to dismiss claims

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Ameena Green on Delayed Gratification and Finding her 'Synthesis' Moment

In an industry that sometimes moves at breakneck speed, Ameena Green is taking it slow.

Pearl Industry Network Launches 'TrustLink' Verification Platform for Creators

Trade group Pearl Industry Network (PiN) has launched TrustLink, its free verification platform for creators.

Juliana Marie Makes Her West Coast Productions Debut

Juliana Marie has made her debut for West Coast Productions (WCP), alongside Jovan Jordan, in the studio’s latest release, titled “The Monster Tamer.”

Krystal Sparks, Nicky Huntsman & Natalia Starr Front 'Austin Powers' Parody From MYLF

Krystal Sparks, Natalia Starr, and Nicky Huntsman star with Quinton James in a new “Austin Powers” parody from MYLF.

Scarlet Chase Stars in 'Slippery Sloppy Slut' From SecretCrush

Evil Angel has released the latest scene from Scarlet Chase's SecretCrush brand, titled "Slippery Sloppy Slut."

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

Ricky's Room Releases New Title 'Gemini's Room'

Ricky’s Room has released its Baby Gemini showcase, "Gemini’s Room," on DVD.

Candee Licious, Zazie Skymm Star in Latest From MixedX

Candee Licious and Zazie Skymm star in the latest release from MixedX, titled “The Other Memory.”

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Show More