From: Apple Hits Podcast Ready with Nastygram (Wired.com)
Apple Computer has slappedPodcast Ready with a "cease and desist" letter, claiming that the terms "Podcast Ready" and "myPodder" infringe Apple's trademarks, and that they cause confusion among consumers. The company has been cracking down on use of the word "pod" by all sorts of parties, even though its trademark is for the word "iPod."
Podcast Ready CEO Russel Holliman said he'd consider dropping the name myPodder if he had to, but "Podcast Ready"? If that's infringement, Apple is claiming that it owns the word "podcast." Sure, the word originated with the word iPod, but most people now see it as a general term for downloadable audio shows that isn't affiliated with one brand more than another.
Coincidentally, Apple's letter arrived the day before Podcast Ready unveiled a new version of its software -- one that works with the iPod.
Podcast Ready works by sucking down subscribed podcasts directly to a portable device whenever that device is connected to a computer. This allows you to update your player's podcasts on any computer, instead of just the one running, say, your iTunes software. The latest version of the program works better with iTunes because it adds freshly-downloaded podcasts to your iPod's navigation database without you having to import the podcasts into iTunes first.
It's important to note they're are two different issue here... It's quite likely "myPodder" may be an infringment... However if "Podcast Ready" is an infringement that would make any company who ever used "podcast" in their name an infringing.
I am actually really pissed at Apple... they didn't CREATE or invent podcasting and clearly they're behaving with both iTunes 7.0 and with their trademarks like they own it... it is a "comsumer driven culture" or better explained as "a community created" and "community driven technology" and whatever apple now thinks of the term "podcast" now it's to late for them to try to claim ownership over the term or tech after it was created by the community and Apple has embraced and encouraged the terms general usage for almost two years. The term "podcasting" and the tech for podcasting were around before Apple started using the term and before they added the technology to iTunes... and I'll bet anything if there's a showdown that the technology and term are still around long after Apple and the iPod have gone the way of all other companies and products over the years.
At this point I'm really hostile toward apple on the podcasting front and I wish the blogging community would just get organized and create an uproar and put apple in it's place. We litterally number in the hundreds of thousands whereas apple is just one company.
Apple has with their vertical integration of Podcasting into the iTunes store endoctrinated podcasting, making podcasting rigid, stiffling innovation, and disenfranchising thousands of bloggers, videobloggers and podcasters with their business 1.0 model of vertically integratation and lockin into the itunes store, directory and software.
Apple is creating a golden silo or walled garden to capture and drive traffic and sales in the iTunes Store... greedily grabbing traffic and locking people into the iTunes store with DRM and the iTunes podcasting platform.
With Apple all traffic is inbound, none outbound.
Bloggers and Podcasters everywhere are driving thousands and thousands of users to iTunes via thousands of inbound itunes links... I'm willing to bet we are THE number one driver of traffic to the iTunes store. I challenge you... who else is driving traffic to Apple? Apple is using YOU.
There is not a single permalink or linkback anywhere where our content is being watched and listened. Not one link in the media playback interface back to our own sites! There are plenty of links from the iTunes interface into the iTunes Store.. but no links to OUR websites... where we conduct OUR businss.. sell our content... or just discuss the podcast episode you've just listened to in iTunes.
I'd call it a slick bastardization of podcasters interest... but it's NOT slick. It's sickening... an outrage.
There are no perma-links back from itunes to independant artists... musicians, videographers, or podcast producers whom are strugling to make a dime... to do everything from sell an mp3... to simply get some achnowlegement. Apple has shaped ALL workflow around and within iTunes disconnecting bloggers from their audiences.
As I put it before. All links are inbound to iTunes and NOTHING is outbound.
It's particularly vexing to me because podcasting is based on blogging and RSS.
RSS syndication would not even EXIST without linkbacks and permalinks. If syndication didn't drive traffic back to websites it would not exist at ALL!
Permalinks are FUNDAMENTAL. So fundamental in fact that of the hundreds or even thousands of RSS podcatcher and newsreader applications out there I'm willing to bet 99% of them link back to the original blog post... pretty much every single one but Apple!
Perhaps it's time to create an Creative Commons legally binding RSS license and include that anyone syndicating content MUST link back to the original place where that content was posted. You would think it would be obvious wouldn't you!? But Apple's iTunes has had podcasting support for over a year, it's now in it's second major revision with podcasting support and still no trackbacks!
So!
Anyway..
Backing up... I think we're going to see another Streisand Effect over this Apple vs. Podcast Ready thing. And I welcome it. I think it's time for an uproar.. for some outrage in the blogging community. Enough of Apple bending the will of the podcasting community to suit it's needs. Enough. This is a symbiotic relationship, a partnership or it should be not at all.
Fortunately this is great timing and great PR for Podcast Ready, just as they've come out with a new version of their software... I'm sure they'll benifit tremendously from the publicity.
Remember kids... Conflict is good for business... especially if you're the underdog like Podcast Ready and not some big gorilla with plans to embrace, extend and vertically integrate an entire creator's culture into your little schema to take over the media world.
Apple's got to give here... they're doing a crap ass job of courting hollywood and podcasters. Not only is hollywood not buying it but independant musicians and media makers are being squashed on the other end of the spectrum. The entire spectrum of the media free market cannot be represented in a closed market owned by one company. The center of the market mist remain open. Something has got to give... and i'm guessing it's already starting with Apple's reputation as a platform for independant media makers.
As for me... I'm switching to podcast ready today... I'm so damn sick of iTunes bloatware. The latest edition of myPodder couldn't have come out sooner. Nor Apple have spurred publicity around it at a better time. I emplore everyone to take the jump with me... and switch those iTunes subscription links on your site that point to iTunes to people like PodcastReady.com, FireAnt.com, Mefeedia.com, Odeo.com and others whom are actually providing services for the community.
Peace.
Tip via Yahoo Podcasters group
"There is not a single permalink or linkback anywhere where our content is being watched and listened. Not one link in the media playback interface back to our own sites! There are plenty of links from the iTunes interface into the iTunes Store.. but no links to OUR websites... where we conduct OUR businss.. sell our content... or just discuss the podcast episode you've just listened to in iTunes."
ReplyDelete----------------------------------------------
This is a blatant lie & Nonsense. If I click on the podcast a small arrow icon appears to the right of the podcast's name....click on the arrow it will take me to all the podcasts under that name. Look to the upper right of the page in iTunes in a column along the right side of the page one of the choices is website...guess what that does? Some of the arrow icons actually take you right to the distributors website. Did you actually do some research (Which would take about 30 seconds) or just intentionally put your head up your ass?
The link to the podcaster's website is also posted in iTunes (not the music store) in the description column to the right of the podcaster's name. Click on the "i" info icon & you will see the url at the top of the info page...plain as day.
ReplyDeleteI hate to inform BOTH annonymous commenter but they are BOTH clearly wrong. Perhaps it is my fault for not being clear about what a permalink is and is not.
ReplyDeleteI take particular offense to the annonymous coward who leaves the comment that this is "a blatet lie and nonesense". Maybe they should take their own advice and spend 30 seconds doing research or actually reading my article... and secondly stop being an anonyous coward so that we can reply as equals.
I'd definitely not delete such comments, fould language or not, as they're excellent fodder for making examples of.
My points are as follows
1) I'm not talking about links WITHIN the iTunes directory... where there is a *SINGLE* link to the *HOMEPAGE* of the podcast...
I am talking about "permalinks", sometimes called a "linkback"... it is a specific kind of link / URL that goes directly to a specific page on a website where the podcast or rss "item" was posted. The permalink is also a fundamental part of the root specification of RSS.
I tried to make that very clear... maybe I haven't made it clear enough... so I'm stating it again.
I'm talking about *permalinks* in the business end of itunes... the everyday end... the "podcasts" and playlists... NOT in the iTunes directory... which quite frankly you will only see on the rare occasion when actually looking for and subscribing to the podcasts... not in your daily use of iTunes while listening to audio podcasts or watching video podcasts.
Perhaps I should post a screen snap of the itunes interface and other RSS applications for those who are what a "permalink" is... a pemalink is NOT a link back to the podcast homepage.
2) To quote and refute commenter #1 directly.
"This is a blatant lie & Nonsense. If I click on the podcast a small arrow icon appears to the right of the podcast's name....click on the arrow it will take me to all the podcasts under that name. Look to the upper right of the page in iTunes in a column along the right side of the page one of the choices is website...guess what that does? Some of the arrow icons actually take you right to the distributors website. Did you actually do some research (Which would take about 30 seconds) or just intentionally put your head up your ass?"
Clearly you are talking about at least in part the directory and secondly do not understand what a permalink is. You're right there is a single link back to the podcast home on the directory page and in the "podcast" page. But these are NOT permalinks.
To illustrate... the link you are talking about might go here.
http://mmeiser.com/blog/
wherase the actual PERAMLINK to which you must link if responding to this post is.
http://mmeiser.com/blog/2006/09/apple-threatening-podcast-ready-over_23.html
A link to my blog homepage is no good if you're tring to find the original post to comment on it, read it or reference it. My argument is apple needs to include a single permalink from each "episode" in the itunes interface back to the original blog POST. Not simply to the homepage.
This is the foundation of my argument... I appologize if I was not clear.
I will do a screenshot for you and post it here in another comment... to illustrate it in the most obvious way possible.
3) To respond to the second commenter.
"The link to the podcaster's website is also posted in iTunes (not the music store) in the description column to the right of the podcaster's name. Click on the "i" info icon & you will see the url at the top of the info page...plain as day."
Wrong again.., yes there is a URL displayed.. but it is not a permalink... if you click on the "i" button (aka. info button) next to the podcast subscription intself (not the individual episode, only the subscription) in the "podcast" pane ONLY apple shows a single url of the podcast FEED.
a) This URL is NOT clickable, in other words it's not a "link" at all... simply the visual display of a url
b) This URL is NOT a permalink
c) This URL is NOT even to the podcast homepage.
d) This URL is in fact the url to the feed which is usualy a long url, often not on the original podcast site at all. For example.
http://feeds.feedburner.com/mmeiser-blog/
e) And finally to add insult to injury this url cannot even be selected and copies or pasted as most text. It must be manually typed into your browser.
But... when you switch from iTunes to your web browser the little "info" pane disappears and is not visible unless itunes is the front most application... therefore you either must switch back and forth between iTunes and your web browser or even do a screen snap of the info pane so that you can view it in Apple's Preview application while typing the url into your web browser.
In summary...
Clearly... neither of these two commenters got my point.. To restate.
There are NO PERMALINKS at all in iTunes anywhere. Period. This is fact.
In my own words.
A "permalink" (sometimes called a linkback) is a specific term for a link in an application that aggregates RSS. This clickable link links back to the original "blog post" a specific page on the original blog where the podcast was posted ussually containing the description of the podcast as were as various other metadata such as comments.
In this case the RSS itume being diplayed in itunes is an audio or video file displayed in iTunes by the title of the episode.
I argue that a permalink, which could possibly be represented visually by a clickable button... should be displayed somewhere in the iTunes interface next to the title of the individual podcast episode.... OR in the "info" pane... but certainly SOMEWHERE in the iTunes interface.
There are NO PERMALINKS in iTunes.
For those who STILL do not understand what a permalink is.
From Wikipedia
"A permalink is a URL that points to a specific blogging entry even after the entry has passed from the front page into the blog archives."
Please go read more about permalinks at the following url. It contains VOLUMES of info on the purpose and history of the permalink that clearly illustrate it's fundamental purpose to blogging and hemce audio podcasting and video blogging.
http://en.wikipedia.org/wiki/Permalink
I think I've CLEALY stated the foundation of my point beyond any shadow of a doubt... aside from being not "a blatant lie & Nonsense" the foundation of my argument is indisputeable and factual.
I apologize if I assumed people new what a permalink was and that my rambling writing style was not in fact clear enough on this foundation argument.
Now... if anyone wants to argue wether apple SHOULD OR SHOULD NOT have permalinks then bring it on... that's the real debate here! Feel free to use cus words... just try not to personally attack myself or even the forementioned anonymous posters... which bloggers sometimes refer to as "anonymous cowards". :)
Peace and thank you fellow readers and above all anonymous cowards everywhere whom keep us all grounded in basic elemental, clear and beautiful everday english. I think I'm certainly guilty of being long winded and using to much geek speak. :)
-Mike
"Not one link in the media playback interface back to our own sites! There are plenty of links from the iTunes interface into the iTunes Store.. but no links to OUR websites... where we conduct OUR businss.. sell our content... or just discuss the podcast episode you've just listened to in iTunes."
ReplyDelete--------------------------------------------
This is what you said. Read the first line. Also, can't you embed links within a podcast? You are also benefiting from apple hosting your podcast...tell me how people would find you otherwise? You would be a needle in a haystack.
Regarding the latest anonymous comment.
ReplyDelete1) Good point. That is what I said... "not one link in the media playback inteface..." And there ISN'T one link in the media playback interface. Apple "shows" the url to the RSS feed when you click on the "i" or "info" on the Podcast feed... but apple shows no url nor has any links from the individual podcast episodes back to your website.
2) Apple hosts my podcast!? As far as I know apple doesn't host anyone's podcast unless they use apple's private podcasting solution... and the only one's I know who do that is a couple universities. Am I missing something? Are you saying Apple is caching our media on their servers and hosting it? This is highly unlikely. Perhaps you just mean apple shows your podcast in their directory? It's not hosting, but that makes much more sense.
3) "tell me how people would find you otherwise? You would be a needle in a haystack."
Ummm... there are atleast 10 major podcast directories. Including PodcastReady.com, Odeo.com, and mefeedia.com.
There are also search engines... people can discover your podcast through your website..
word of mouth / recomendations.
people can link to you.
people can email you about a podcast.
The ways are infinite.
In short people can find your podcast the same way they find anything on the web.
How do you find anything on the web?
Apple's directory is just ONE of many alternatives.
Sorry, if I was so long winded... but we can keep nitpicking this point all day... the bottom line iTunes has NO permalinks. None.
How do you feel about that?
My personal opinion is this is a not excuseable. What's your opinion? That's the question? Am I the only one who cares?