It has just been brought to my attention that Podshow seem to still be sucking up TPN feeds and adding them to their directory. Which would be fine, I don’t mind additional exposure, except for this clause in their Terms:
By posting your Member Works on the Member Pages, you are granting PodShow a non-exclusive, royalty-free, perpetual, and worldwide license to use your Member Works in connection with the operation of the PodShow Websites, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Blog Works, and/or to incorporate it into a collective work.
Funnily enough, I’m not pleased with that clause. Not to mention that our podcasts clearly state that they are produced under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license, part of which states “Noncommercial. You may not use this work for commercial purposes.”. And I do believe Podshow is a commercial operation. So they are in breach of our license.
And, on top of that, their directory is broken. According to Podshow, the last episode of G’Day World, and many other of our podcasts, was back in May 2007. WTF? They have raised $24 million from VC and they can’t even get their website to work? What is that?
So anyway, I’ll be sending them an email today asking them to cease and desist. I suggest other podcasters make sure they do the same.
I wouldn’t worry too much about Podshow. That clause in unenforceable. Their money will run out soon enough.
@Paul that is besides the point in my opinion. The fact is that they are using content that is protected under copyright and enforceable. We have been fighting them for ages on this and sent numerous emails and requests and they have not obliged at all to comply.
Not only that they can and do insert audio ads as a pre and post roll into show. Theoretically they can make money from content that they don’t own. Now that is against the copyright that all shows on TPN have.
I will also say that I think it is shithouse that such a dodgy operation gets 24 million bloody dollars! Cam will agree that trying to get funding for a podcasting network is harder than trying to get dog shit off your show with nothing but a blade of grass! Podshow in my opinion don’t deserve one bloody penny of that 24 mil.
Just because a law is not enforceable doesn’t mean that it is ok.
I think you best read this
I just assumed you knew about this issue already! I’ve followed it for a while…
Tom.
Yeah Tom I was aware todd has been annoyed at them for some time. I’ve had other things to worry about so haven’t really given the issue much attention until the last 24 hours.
And I’ll just flag up that not all the TPN Shows are Creative Commons. Two that spring to mind are Claybourne and TPN Rock. 🙂
Hah yeah I *knew* you were going to say that!