My big question for apple and others is whether it's possible that by opting to not get a volume license the patent for downstream users of their platform, they might therefore face a suit alleging contributory or secondary patent infringement? For example, taken from this page (http://en.wikipedia.org/wiki/Patent_infringement_under_Unite...), is a summary of the position in the UK: "By the supply, or offer to supply, in the United Kingdom, a person not entitled to work the invention, with any of the means, relating to an essential element of the invention, for putting the invention into effect, when it is known (or it is reasonable to expect such knowledge) that those means are suitable for putting, and are intended to put, the invention into effect in the United Kingdom."
Lodsys explains in-app patent warning letters sent to iOS developers
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Re: Lodsys explains in-app patent warning letters sent to iOS developers
#42patent in question: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sec...
This patent describes a system for interactively polling users of a system about their preferences and/or opinions regarding that system's features. The stated intent is to enable users to provide feedback to potentially inform the creator of the system in making decisions on feature enhancements.
As with all of these stupid software patents, once you read the details (i.e. beyond the summary), it becomes more apparent that the patented "invention" has a distinctly specific application.
This Lodsys letter of solicitation for cash is not much different than a 419 email.
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#43Attention Anonymous: a new target for your roving DDoS has made itself available. Get to work.
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#44I'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…
Unfortunately most hackers won't have the ability to pay for filing patents in the first place. If you could get some patent lawyers working pro bono it might work.
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#45I'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…
Getting a patent is annoying enough (> 5 years of waiting and prodding a cube worker) and expensive enough (tens of $k) to kill most altruistic patent seeking. People are motivated to get them by a return on their investment, not the happy notion that the world is marginally less bad.
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#46patent in question: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sec...
How does this not also cover every web browser in existence? This seems to cover any networked communications system. Analytics and online ads would seem to be especially vulnerable. All I can see is this guy is really good at writing patents. If you can't beat em, bury them in citations and they'll think you know what you're doing.
It seems like by doing the following, they get priority for any obviousness and prior art arguments back to 1992, but a filing date of 2003.
"This application is a continuation application of and claims priority to U.S. application Ser. No. 09/370,663, filed on Aug. 6, 1999, now abandoned which is a continuation of Ser. No. 08/934,457, filed Sep. 19, 1997, now U.S. Pat. No. 5,999,908, which is a continuation of Ser. No. 08/243,63 8, filed May 16, 1994, now abandoned, which is a continuation-in-part of Ser. No. 07/926,333, filed Aug. 6, 1992, now abandoned, the contents of each of which are incorporated by reference in their entireties. "
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#47I think it's really on Apple to step in and protect their developers here. There are many problems with working in a walled garden, which have been discussed at length here. But there should be, at least, one benefit: the garden's curator has your back.
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#48I'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…
Sorry to be a nay sayer, but it won't work. If this requirement were set in place, a patent troll will get around it by hiring a coder for a week to get something out really quick that does something nobody needs and then they'll sell one copy to their grandma. This won't evoke any real change unless you manage to make it very complicated. There would have to be mandates in the law like x% of your company's revenue must be from actual sales of the product or something like it.
The better solution is to just end software patents. They have no value in the current software economy.
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#49I want to know how this affects Apple's position re: in app purchase on things like Kindle app, Sony ereader app, Grooveshark, Rhapsody, etc...
I just can't believe that they didn't see this coming.