Lodsys Responds to Apple, Files Lawsuits Against App Developers (opens in new tab)

I'd bet that if Apple doesn't support the developers, the Electronic Frontier Foundation will. And the EFF gladly accepts donations: http://www.eff.org/

You need to work on congress, not Lodsys or Apple.

Lodsys is doing what the law lets them. I'm not going to get mad at them for it - I'd get mad at those that let them do it.

I'd prefer to donate to a central organization aimed at abolishing software patents in general, rather than donating to fight one specific - albeit aggravating - instance of software patent abuse.

I don't think Apple expected Lodsys to back down - they were in negotiations with them afterall [according to Apple's letter]. The letter was intended to encourage developers to continue to develop for Apple's platform. If they had been serious about stopping Lodsys, Apple would have been in court seeking an injunction. However, the downside would have been Apple potentially setting a precedent that established greater obligations toward developers than currently exist - and that has such severe downsides to their business model that they won't do it.

It's silly to think that a troll would go for the low-hanging fruit, instead of spending millions on a risky attempt against a massively richer company?

Their own public description of their patents[1] seems to cover both (and more). However, the example Apple cites in their letter[2] refers to "user feedback":

Once again, Apple provides, under the infringement theories set out in your letters, the physical memory in which user feedback is stored and, just as importantly, the APIs that allow transmission of that user feedback to and from the App Store, over an Apple server, using Apple hardware and software. Indeed, in the notice letters to App Makers that we have been privy to, Lodsys itself relies on screenshots of the App Store to purportedly meet this claim element.

If anybody has a link to an actual notice from Lodsys, that would be the best source.

[1]: http://www.lodsys.com/our-patents.html [2]: http://www.engadget.com/2011/05/23/apple-responds-to-lodsys-...

Using a service to sell users on an upgrade, at least from what I understand. It's not just IAP, but using IAP to get people from free to paid.

in-app purchases, no?

One can make a case about a lot of businesses being nothing but a drag on society. Few are as clear-cut as this - scum of the earth, these people are. They contribute nothing, create nothing, and expect to tax us, because they can.

Die in a fire, Lodsys. May the collapse of your illegitimate business be swift.

I'm not sure exactly what you are implying about feeling since Apple is very polarizing (happy iOS devs are getting sued?), but if you take a step back you'll see that this isn't just an Apple problem. The lawsuits will come to Android app devs next, and probably most other mobile platforms with in-app purchases.

I don't think Kickstarter would approve it, but I'm about to release a plugin that might help : http://ignitiondeck.com

Hate to sound spammy, but this issue matters to me.

I don't think it's gutsy.

1. They are a patent troll.

2. They have no brand to tarnish.

3. Even if they did have a brand to tarnish (oh, your THOSE patent trolls, no thanks I'll sell to someone else), their assests can easily be transferred to an array of successor companies with little impact to their ability to troll.

4. Their promise is not an enforceable contract. There's no "consideration" involved. If they don't pay, there's no legal recourse.

5. It looks to me like a plan to either:

a. Influence public opinion.

b. Provide a defense against tortious interference claims.

(note: I'm not a lawyer, this is just ignorant supposition).

$1000/dev that they threaten. They have only threatened a handful of people.

Of course, they just making an offer, and, like any gift, they are under no obligation to make good on it.

If they refused to honor the offer in the event that they lose, they would not likely be worried about their reputation.

IANAL, but I suspect it would still cost the targeted developers more than $1000 worth of lawyering to fend of Lodsys in the meantime. Expecting to collect on that requires you to believe that either a) Lodsys won't make good on their threat to sue, or b) that Apple will somehow both intervene and win before they do. It's still going to be easier and cheaper to just give them the money.

> It's OBVIOUSLY impossible for Johnny Coder to be aware of every patent

There is no requirement that you be aware of the patent to infringe upon it. In fact, awareness of the patent may entitle the patent holder to increased damages.

Disclaimer: I write software for a living. I'm not sure where I stand on the idea of software patents but I suspect they do more good than harm. I think that someone suing small, independent developers who made the mistake of using an Apple-provided API in an obvious way and who lack the financial means or legal expertise to defend themselves is reprehensible.

just convince them that patent trolls support the "homosexual agenda".

Doing that is the hard part. Good luck.