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Edit: Full Letter: http://www.macworld.com/article/160031/2011/05/apple_legal_lodsys_letter_text.html
Apple Tells Lodsys Patent Troll to Back Off
loopinsight.com
As above, in the notice letters we have seen, Lodsys uses screenshots that expressly identify the App Store as the entity that purportedly collects and manages the results of these user interactions at a central location.
Thus, the technology that is targeted in your notice letters is technology that Apple is expressly licensed under the Lodsys patents to offer to Apple’s App Makers. These licensed products and services enable Apple’s App Makers to communicate with end users through the use of Apple’s own licensed hardware, software, APIs, memory, servers, and interfaces, including Apple’s App Store. Because Apple is licensed under Lodsys’ 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.
This is an interesting side-effect of Apple's end-to-end control of the iOS environment. This defense may not have worked for Android as you could argue that some of the equipment (non-google-produced handsets) does not fall under the licensing umbrella of the company (Apple in this case).
The response should be interesting.
edited for clarity
Don't forget, though, that this is unlikely to be the end. Lodsys clearly disagrees with this, given that they sent the letters to the developers, and will probably take Apple to court over whether the license applies to the app makers or not.
If this is legit software it is marketed by someone who doesn't mind that their ad looks and smells exactly like a trojan.
[EDIT: Or, as suggested below, someone has exploited a JS vulnerability.]
EDIT: Modding up the "Macworld" link below.
[MORE EDIT: Removed suggestion that this thing might be malware; I'm choosing to trust the research of my fellow HN reader, below, who claims it is legit. Thanks for taking the time.]
On a related note, where does this put the developers who got the letter? I can't imagine that this letter just makes everything all hunky dory. How do they respond now that Apple has issued a statement?
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2.5 Ownership Apple retains all rights, title, and interest in and to the Apple Software and any Updates it may make available to You under this Agreement. You agree to cooperate with Apple to maintain Apple's ownership of the Apple Software, and, to the extent that You become aware of any claims relating to the Apple Software, You agree to use reasonable efforts to promptly provide notice of any such claims to Apple. The parties acknowledge that this Agreement does not give Apple any ownership interest in Your Applications
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IANAL, but they seem to have followed Apple's instructions and are, seemingly, in the clear with this response.
On a related note, where does this put the developers who got the letter? I can't imagine that this letter just makes everything all hunky dory. How do they respond now that Apple has issued a statement?