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Lodsys explains in-app patent warning letters sent to iOS developers

thenextweb.com

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Re: Lodsys explains in-app patent warning letters sent to iOS developers

#11

Post by reitzensteinm »

I've been kicking an idea around in my head for a while, although I've got no idea if it's viable or not. But it seems like it could put a stop to this kind of a thing.

Basically, it would be a non profit organization that accepts donations of patents by hackers, and uses them to sue only companies that themselves have used patents offensively.

Blatant patent trolls could also become targeted for life at future businesses - although I'm not sure of the legality of this - to serve as a severe disincentive for this kind of behavior.

Although it might take a while and quite a bit of money to get started, it seems like it would fund itself indefinitely once going, and enough people seem to be pissed off enough about the current situation that a serious amount of brainpower could be donated to the project.

Does anyone see any showstoppers for something like this, or is it just a matter of not having someone benevolent and gutsy enough to pull it off?

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#12

Post by xedarius »

Given the following situation. I have an app with in-app purchase. I don't live in the US and your patent is meaningless where I live, and yet I sell my app in your country. Wonder how the legal wrangling works with that one. As a lot of people will be in this situation.

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#13

Post by sajid »

Apple needs to step in and sort this out, it's in their best interests to do so.

If Lodsys succeeds in extorting money from independent developers then every man and his dog will try and give it a go.

The Apple developer ecosystem couldn't possibly survive in its present state.

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#14

Post by schrototo »

reitzensteinm wrote: post #11

I've been kicking an idea around in my head for a while, although I've got no idea if it's viable or not. But it seems like it could put a stop to this kind of a thing. Basically, it would be a non profit organization that accepts donations of patents by hackers, and uses them to sue only companies that themselves have used patents offensively. Blatant patent trolls could also become targeted for life at future busin…

The problem being: patent trolls like Lodsys LLC do not actually create anything. There's nothing to countersue over.

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#15

Post by stcredzero »

ZeSmith wrote: post #4
robinduckett wrote: post #2

If I make a music sharing site where people can upload their own music and sell their music, and my company which made the site licensed the MP3 codec or another proprietary codec to release the music files for sale, does this mean the licenser of the codec could then individually sue each person selling their music on my site, because they don't individually own a license for the codec, even though they are just usi…

Patent trolling is a highly effective business model, but it has to make no sense in order to work.

Patent trolling...it has to make no sense in order to work.

No, it just has to make no sense in order to make tech news. Otherwise, it would be something like: "NEWSFLASH! Perfectly sensible licensing deal!"

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#17

Post by ansy »

dododo wrote: post #3

here's the actual explanation from lodsys: http://www.lodsys.com/blog.html they mention apple, google, microsoft have some sort of license from them, i wonder if the relatively low cost of a license is the reason: http://www.lodsys.com/1/post/2011/05/q-what-are-you-charging... i.e., cheaper to just pay them off than fight it.

Although the blog states Apple, Google and Microsoft have a deal for themselves and Lodsys is not specifically seeking a broader deal to cover third parties as well, it seems rather obvious Apple et al would be much better off collecting this 0.575% on behalf of Lodsys rather than degrade the usability of In App Purchase by requiring developers to secure a license separately. At least that's the Apple thing to do if Apple really sees this patent as legitimate. Of course, that's probably what Apple thought it was getting and probably feels it got tricked by Lodsys if that was the case.

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#18

Post by lotusleaf1987 »

reitzensteinm wrote: post #11

I've been kicking an idea around in my head for a while, although I've got no idea if it's viable or not. But it seems like it could put a stop to this kind of a thing. Basically, it would be a non profit organization that accepts donations of patents by hackers, and uses them to sue only companies that themselves have used patents offensively. Blatant patent trolls could also become targeted for life at future busin…

So basically an exact opposite of Intellectual Ventures? The problem with this is that people are still wasting energy, money, and time defending themselves. We need to get to a point where people can do their jobs without having to be paranoid that their going to get slammed with a lawsuit for some obscure and vague patent.

I think patents should be issued on a use it or lose it basis: if you do not make attempts to at least produce or license the product, you should not be allowed to horde it's IP and you it to extort others. Non-practicing entities, aka patent trolls, should be made illegal in general if they aren't making attempts to license their IP.

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#20

Post by dodo53 »

reitzensteinm wrote: post #11

I've been kicking an idea around in my head for a while, although I've got no idea if it's viable or not. But it seems like it could put a stop to this kind of a thing. Basically, it would be a non profit organization that accepts donations of patents by hackers, and uses them to sue only companies that themselves have used patents offensively. Blatant patent trolls could also become targeted for life at future busin…

Maybe having enough money to pay lawyers to attack people. But yes, I think this would be awesome, and if it was successful enough, whenever large companies say 'oh, we only hold patents for defensive reasons' they could be pressured to donate them. Hmm thing is though, the countersue companies to stop them enforcing patents doesn't work so well for true patent trolls who aren't actually doing anything so probably aren't breaching patents (unless their patents breach patents, if that's possible).
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