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Lodsys Responds to Apple, Files Lawsuits Against App Developers

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31–40 of 62 posts

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#31
post #23

This is infuriating. I wasn't even given a letter, but I'd be happy to donate money to a central organization, if there is one, ready to fight these assholes. Patents are bogus, and software patents are even worse. In this case, we're talking about process and not technology. Maybe this is needed to bring light to the issue and perhaps piss Apple off enough that they'll work to invalidate the patent.

I'd bet that if Apple doesn't support the developers, the Electronic Frontier Foundation will. And the EFF gladly accepts donations: http://www.eff.org/

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#32
post #23

This is infuriating. I wasn't even given a letter, but I'd be happy to donate money to a central organization, if there is one, ready to fight these assholes. Patents are bogus, and software patents are even worse. In this case, we're talking about process and not technology. Maybe this is needed to bring light to the issue and perhaps piss Apple off enough that they'll work to invalidate the patent.

I'd bet that if Apple doesn't support the developers, the Electronic Frontier Foundation will. And the EFF gladly accepts donations: http://www.eff.org/

Yes, that's true.

But hopefully between Apple/Google/MS/etc there is enough lawyering to not put additional burden on the EFF for a such a generic feature to app markets. Particularly if these companies want to avoid the 'but what if i get sued' stigma.

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#34
post #23

This is infuriating. I wasn't even given a letter, but I'd be happy to donate money to a central organization, if there is one, ready to fight these assholes. Patents are bogus, and software patents are even worse. In this case, we're talking about process and not technology. Maybe this is needed to bring light to the issue and perhaps piss Apple off enough that they'll work to invalidate the patent.

I'd prefer to donate to a central organization aimed at abolishing software patents in general, rather than donating to fight one specific - albeit aggravating - instance of software patent abuse.

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#35
Is it legal and/or feasible to start a Kickstarter project to help fund these developers' legal costs? Not sure how it could be distributed but if they could somehow pool together it would make for a pretty awesome stand. I know I'd gladly contribute to stop these stupid a-holes from pulling these stunts on the average joe.

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#36
I just don't get how this can be upheld.

It's OBVIOUSLY impossible for Johnny Coder to be aware of every patent that has been filed to date.

Copying someones overall design wholesale, I can understand. The "Look and Feel" copyright system is a much neater solution than all this patent nonsense.

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#37
post #25

Earlier quoted context omitted.

I don't think Apple expected Lodsys to back down - they were in negotiations with them afterall [according to Apple's letter]. The letter was intended to encourage developers to continue to develop for Apple's platform. If they had been serious about stopping Lodsys, Apple would have been in court seeking an injunction. However, the downside would have been Apple potentially setting a precedent that established great…

IANAL, but is it even possible for Apple to get an injunction, given that they technically/formally are not a party in this case?

INALE - Given the claims regarding the nature of their license made in Apple's letter, it would appear that LodSys's pursuit of developers could easily be construed by competent attorneys as a violation of Apple's license with at least enough plausibly to get Lodsys into court and keep them there over the short term were Apple so inclined. Obviously either Apple is not so inclined or the description of their rights under the license with Lodsys is based upon a less than conservative interpretation of the agreement.

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#38

I just don't get how this can be upheld. It's OBVIOUSLY impossible for Johnny Coder to be aware of every patent that has been filed to date. Copying someones overall design wholesale, I can understand. The "Look and Feel" copyright system is a much neater solution than all this patent nonsense.

> It's OBVIOUSLY impossible for Johnny Coder to be aware of every patent

There is no requirement that you be aware of the patent to infringe upon it. In fact, awareness of the patent may entitle the patent holder to increased damages.

Disclaimer: I write software for a living. I'm not sure where I stand on the idea of software patents but I suspect they do more good than harm. I think that someone suing small, independent developers who made the mistake of using an Apple-provided API in an obvious way and who lack the financial means or legal expertise to defend themselves is reprehensible.

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#39
post #26
post #16

So what exactly is this patent covering? I've heard several things .. the 'Upgrade to Pro Version' buttons, the 'Would you like to rate this app' dialog, and some other things. Does anyone actually know what it exactly is that they are after?

Their own public description of their patents[1] seems to cover both (and more). However, the example Apple cites in their letter[2] refers to "user feedback": Once again, Apple provides, under the infringement theories set out in your letters, the physical memory in which user feedback is stored and, just as importantly, the APIs that allow transmission of that user feedback to and from the App Store, over an Apple…

There must be prior art.

Telephone voting on the Eurovision song contest? Customer helpline numbers? Comment cards in restaurants?

Forgive me if I've missed something here.

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#40

Is it legal and/or feasible to start a Kickstarter project to help fund these developers' legal costs? Not sure how it could be distributed but if they could somehow pool together it would make for a pretty awesome stand. I know I'd gladly contribute to stop these stupid a-holes from pulling these stunts on the average joe.

I don't think Kickstarter would approve it, but I'm about to release a plugin that might help : http://ignitiondeck.com

Hate to sound spammy, but this issue matters to me.

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