EFF : “The licensing fee Lodsys claims to be seeking â€“ 0.575% â€“ may seem low, and, in many instances, will come out to less than the cost of defending a lawsuit: that’s how the troll business model works. But paying the fee, especially in these circumstances, looks a lot like paying a tax on innovation. What is worse, for some developers it will be enough to make their business unsustainable.”
Patents are bad for innovation.
Lodsys: “We stand firm and restate our previous position that it is the 3rd party Developers that are responsible for the infringement of Lodsysâ€™ patents and they are responsible for securing the rights for their applications. Developers relying on Appleâ€™s letter do so to their own detriment and are strongly urged to review Appleâ€™s own developer agreements to determine the true extent of Appleâ€™s responsibilities to them.”
Special place in Hell for lawyers. Yep.
Who was sued? Glad you asked.
- Illusion Labs
- Machael G. Karr
- Richard Shinderman
- Wulven Games
Something to note, Iconfactory’s Twitterrific for Mac was called out, as well as Illusion Labs Labyrinth for Android. So this extends beyond iOS. Who’s next? Is Windows Update covered by this? What about all the apps that do automagic update?
FOSS Patents: “Unfortunately, I was right. Today — on Tuesday, May 31, 2011 — Lodsys filed a lawsuit with the U.S. District Court for the Eastern District of Texas (the place in which I predicted that it would do so) against seven little iOS app developers. Lodsys asserts two of its four patents: U.S. Patent No. 7,620,565 (“the ‘565 patent”) on a “customer-based design module” and U.S. Patent No. 7,222,078 (“the ‘078 patent”) on “Methods and Systems for Gathering Information from Units of a Commodity Across a Network.” Note that Lodsys so far emphasized the ‘078 patent, although Lodsys always mentioned its other patents as well.”
The Loop: â€œThus the technology that is targeted in your notice letters is technology that Apple is expressly licensed under the Lodsys patents to offer to Appleâ€™s App Makers,â€ wrote Sewell. â€œThese licensed products and services enable Appleâ€™s App Makers to communicate with end users through the use of Appleâ€™s own licensed hardware, software, APIs, memory, servers, and interfaces, including Appleâ€™s App Store. Because Apple is licensed under Lodsysâ€™ patents to offer such technology to its App Makers, the App Makers are entitled to use this technology free from any infringement claims by Lodsys.â€
Lodsys, say hello to The Train that is Apple.
Apple, thank you!
UPDATE: Full text of Apple telling Lodsys to stick it.
Via Twitter, I hope Apple doesn’t walk away, but I suspect they have.
If you’re using In App Purchase, just remove it, today.