Patent troll Lodsys demands $5,000 from Martha Stewart. That was a bad idea

How does Martha Stewart have the motivation and resources that Apple doesn't? I'm skeptical.

Apple was barred from acting legally because it is an at-arms entity - the lawsuits do not technically involve Apple directly so no matter how much money or resources Apple had, they couldn't countersue for the subject matter at hand. In this case, Apples hands were tied.

Apple can sue Lodsys directly for something different, but cannot countersue for claims that Lodsys have brought against indy / small apps publishers.

Of course, a solution would be for Apple to purchase an indy developer currently being sued, and thus be able to defend the developer because it now involves Apple, but I doubt that is scalable for all the people being sued.

Another solution might be to provide free, ongoing legal aid (100 free lawyers for the community would be great) for all companies being threatened this way - but Apple is not running a charity.

Martha Stewart is being threatened directly, so they have the ability to respond (since they have the funding/resources to do so).

During the BBS modem era there was a proper term for people who was only sucking out data from the system but not giving anything back they were called Leechers. Patent trolls are Leechers that pray on the true innovators in society and suck out money.

How come we allow and tolerate this type of software patents at all? Algorithms are similar to mathematics and mathematics you cannot patent because the next step builds on the previous one.

Troll description from From D&D:

"Trolls are infamous for their regenerative abilities, able to recover from the most grievous of wounds or regenerate entire limbs given time.

Severing a troll's head results merely in temporary incapacitation, rather than death. After cutting off a troll's head or other limbs, one must seal the wounds with fire or acid to prevent regeneration.

Because of this, most adventurers will typically carry some sort of implement capable of creating fire."

IMPORTANT NOTE: So not take this literaly.

Diping a Lodsys exec in acid sounds like fun, but you will get in serious trouble!

If I were a young and enterprising lawyer (I am not, I am programmer), I would sell companies bullied by patent trolls legal defense for 90% of the sum being blackmailed.

Companies that "took advantage of this program" would be entitled to everything included legal defense in future demand arising from not yielding to the patent trolls.

Startups would only pay 90% of the extorted sum, and also have the advantage of not giving in and helping perpetuate the trolls' scheme.

I as a lawyer would earn a lot of income but would only have to defend in court a small number of app developers actually being sued.

I think something like this would work because what really intimidates small entrepreneurs is not losing the case in court, but just the onerous weight of fighting the case, no matter its outcome.

The community would benefit from patent trolls earning less money.

Finally, I know that there is a chance that patent trolls would litigate against each and every one refusing to give in. But in that case they would be DoSing themselves.