The patent-holding company that wants all podcasters to pay up is just looking for a fair shake.

The CEO and general counsel of Personal Audio LLC got on the phone with Ars Technica to explain why the company is asking for the identities of more than 1,300 donors who have chipped in to help the Electronic Frontier Foundation fight its podcasting patent. The subpoena seeking donor identities and a wide array of other information connected to EFF's fight against the patent was revealed by EFF in a Wednesday blog post. EFF has moved to quash the subpoena in court, saying that while some donors are very public about their support, they also have a First Amendment right to contribute anonymously.

The fundraiser in question was kicked off by EFF to pay for what's called an "inter partes review" at the US Patent and Trademark Office. EFF sought to raise $30,000, but Personal Audio's attempt to make patent demands against podcasters struck a nerve: to date, about $80,000 has been raised from more than 1,300 donors.

Personal Audio CEO and general counsel Brad Liddle explained this morning that the company is just trying to make sure its opponents don't get two bites at the apple while the fight over the patent goes forth. With the IPR petition moving forward at the patent office and litigation proceeding in Texas federal courts, Personal Audio apparently suspects that the same people are behind both.

"EFF insinuates the information we are seeking is not relevant to the Texas litigation," said Liddle in a brief interview with Ars. "But to the extent that other third parties have donated or assisted to the PTO proceeding—to the extent they've been working on the inter partes review—they should be bound by the result."

Much of the prior art that has been presented to the patent office has also been brought up in the Texas cases, said Liddle. He believes that if the Texas defendants are involved in the patent office proceeding, they shouldn't be allowed to present their same defenses all over again in federal court.

"If there's a corporation or a person that has assisted EFF in the PTO proceeding, there's an estoppel argument" that should stop them from using the same defenses again, he said. Personal Audio shouldn't have to "engage in duplicative validity challenges, in expensive litigation."

The defendants in the Texas lawsuits include the Discovery Channel-owned HowStuffWorks podcast, NBC, CBS, and Fox, as well as Ace Broadcasting (which produces Adam Carolla's podcast), and a smaller Internet radio company called TogiNet.

The inclusion of Lindale, Texas-based TogiNet appears to be a play to keep the larger defendants in Personal Audio's chosen venue, the Eastern District of Texas, which continues to be a popular venue for patent plaintiffs.

"If they want to find out whether the defendants in Texas donated, they can ask the defendants," pointed out EFF's Nazer—a point made in the group's motion to quash. "They don't have a reason to invade the privacy of more than 1,000 donors."

While the legal wrangling continues, old Internet shows dredged up by the EFF petition have gone a long way to set the historical record clear. Episodes of "Internet radio" shows date back to at least 1993, years before Personal Audio founder Jim Logan's filed patents connected to his failed "news-on-cassettes" business.

Given that there's no question Internet broadcasting pre-dated Logan's business, Ars asked if Liddle and his colleagues at Personal Audio felt that it was justifiable to keep pursuing small podcasters for royalty payments. "I'm not going to comment on that," he said.

Personal Audio's response to the EFF patent office petition is due next week, and the office is expected to decide whether or not to review the patents by early May. If it does institute a review, that process could take a year or more.

In addition to the Texas lawsuits, Personal Audio has sent out demand letters that have been recorded on EFF's "Trolling Effects" site. It's unclear how many letters it has sent.