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Apple Tells Lodsys Patent Troll to Back Off

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Re: Apple Tells Lodsys Patent Troll to Back Off

#11

Post by bradleyland »

eykanal wrote: post #6

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?

If Lodsys doesn't respond by retracting their letters/complaints, Apple will likely seek an injunction, preventing Lodsys from moving ahead with third-party lawsuits until the status of Apple's current license is determined in court. That's going to take time, however; and there's no guarantee that a judge will grant the injuction.

If I were a developer sitting in the hot seat, I'd feel inclined to delay as long as possible, forcing Lodsys to fight an expensive legal battle with a much larger opponent. Ducking service, while often unfavorable in the court's view, would be a virtually free method of prolonging Lodsys' engagement with indie developers, and would cost them only inconvenience.

Re: Apple Tells Lodsys Patent Troll to Back Off

#12

Post by forensic »

arn wrote: post #7
eykanal wrote: post #5

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.

but at least the legal burden then falls on Apple and not mom & pop app dev. Worst case scenario I'd expect Apple pays Lodsys an undisclosed sum to license the tech for the devs.

The legal burden will fall on both apple and the mom & pops.

They aren't going to withdraw their suits just because apple threatens them.

Re: Apple Tells Lodsys Patent Troll to Back Off

#15

Post by mikeryan »

eykanal wrote: post #6

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?

In a strange situation, Apple isn't technically a party to any of this yet. One or several will probably try to get the case dropped on the basis of Apple's claim. Or at least try to put off any litigation until Apple's claim gets backed up in court. Right now its all still saber rattling.

Re: Apple Tells Lodsys Patent Troll to Back Off

#17

Post by k1lwkf »

mechanical_fish wrote: post #8

On my Mac this page pops up a big full-page ad for some kind of "Clean My Mac!" software. I'm invited to press a "Try it Now" button. 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 thin…

I've seen these Mac Defender and Mac Protector popups on some reputable sites, so I'm not sure it's the site that is "permitting" it. I think the trojan is taking advantage of some JavaScript vulnerability.

Re: Apple Tells Lodsys Patent Troll to Back Off

#18

Post by arn »

forensic wrote: post #12
arn wrote: post #7

Earlier quoted context omitted.

but at least the legal burden then falls on Apple and not mom & pop app dev. Worst case scenario I'd expect Apple pays Lodsys an undisclosed sum to license the tech for the devs.

The legal burden will fall on both apple and the mom & pops. They aren't going to withdraw their suits just because apple threatens them.

Lodsys hasn't actually yet filed suit against anyone. Just sent threatening letters.

Re: Apple Tells Lodsys Patent Troll to Back Off

#19

Post by jdq »

jasongullickson wrote: post #4

Wow, talk about shooting yourself (Lodsys) in the foot - 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…

That's not Apple shooting itself in the foot. It's Apple saying "this isn't between devs and Lodsys, it's between Apple and Lodsys".

EDIT: As pointed out by bcrescimanno, I may have misunderstood who shot themselves in the foot. :)

Re: Apple Tells Lodsys Patent Troll to Back Off

#20

Post by toadkick »

forensic wrote: post #12
arn wrote: post #7

Earlier quoted context omitted.

but at least the legal burden then falls on Apple and not mom & pop app dev. Worst case scenario I'd expect Apple pays Lodsys an undisclosed sum to license the tech for the devs.

The legal burden will fall on both apple and the mom & pops. They aren't going to withdraw their suits just because apple threatens them.

Perhaps, but now Apple has contested that their developers are in fact licensed, and that Lodsys has already received what they claim is due to them. Seems like they've found a way to inject themselves into the battle in a way that should bring the fight home to them.
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