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 © 2025 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

Vanna Bardot Slithers Into the Spotlight in X3 Magazine

Twice-crowned XMAs Female Performer of the Year Vanna Bardot headlines the latest issue of X3 magazine, the industry’s premier “authenticity first” publication spotlighting the real personalities, passions, and stories behind today’s top stars.

On the Set: Adriana Chechik Returns in Ricky Greenwood's New Dorcel Feature

The walls of the Miami hotel room are painted lilac, with neon pink LED strips lining the corners. There’s a fake white plant, and teal drapes frame the lone window. A packed suitcase lies by the door.

Ana Foxxx, Jade Venus Star in Latest From Transfixed

Ana Foxxx and Jade Venus star in the latest release from Transfixed, titled "Third Date Jitters."

Jasmine Sherni Gets Exorcised in Latest From Brazzers

Jasmine Sherni stars with Luna Star and Scott Nails in the latest scene from Brazzers, titled “The Brazzorcist.”

Elana Bunnz Makes Her WIFEY Debut

Elana Bunnz stars with her husband Don and Prince Yahshua in the latest release from Vixen Media Group studio imprint WIFEY.

'MILFlicious' Launches Through YourPaysitePartner

MILFlicious.com has officially launched through YourPaysitePartner (YPP).

Cruel Reell Debuts 3 Fleshlight Pro Strokers

Newly crowned 2025 Euro XMAs Fetish Creator of the Year Cruel Reell has debuted three new Fleshlight Pro strokers.

Evil Angel Debuts Pat Myne's 'Jax Slayher For Days 2'

Evil Angel has released director Pat Myne’s new showcase title, “Jax Slayher For Days 2.”

Heaven & Hell Industry Bash Set for Tonight in Hollywood

The annual Heaven & Hell adult industry Halloween party will take place tonight at The Jungle in Hollywood from 9 p.m. to 3 a.m. (PDT).

Op-Ed: The Guardian's XBIZ Amsterdam Podcast Dismisses Creators' Experiences

British newspaper The Guardian’s podcast coverage of XBIZ Amsterdam 2025 purports to investigate the power dynamics of today’s online adult industry. Instead, it ignores creators’ voices, airs tired and outdated preconceptions about the business, and rehashes the unsupported claims of anti-pornography crusaders.

Show More