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Lodsys drops patent suit against developer in exchange for mutual charity donation

post #1 of 19
Thread Starter 
Lodsys, an intellectual property owner infamous for filing patent infringement lawsuits against iOS app developers, has settled with one company in exchange for a charity donation.

Lodsys


The terms of the detail made between Lodsys and TMSoft were detailed on the developer's blog on Thursday by company founder Todd Moore. No confidentiality agreement was signed, so TMSoft is free to talk about the terms of the settlement.

In addition to agreeing to donate to the Make-A-Wish Foundation, the developer was also required to agree to never sue Lodsys over its patents, and dismiss all motions in its ongoing lawsuit with prejudice. TMSoft had filed a motion to dismiss the patent suit Lodsys filed against them, and also sough to recover costs associated with the suit.

The attorney for TMSoft speculated that Lodsys made the offer because if the developer had declined it, a judge may have found that Moore's company "were not behaving reasonably."

"This seems a little ridiculous given they were the ones that filed this frivolous lawsuit," Moore said. "But, I get the point that Lodsys could say to the judge that they were willing to dismiss it if only I'd made a small donation to a charity. This would be their way of making me look like I was the on wasting the court's time."

Lodsys first began filing lawsuits against iOS developers using Apple's in-app purchase feature in 2011. The suits prompted Apple to attempt to intervene on behalf of its development community.

But the legal action spurred a number of developers to settle out of court by agreeing to licensing deals with Lodsys, ending the lawsuits and allowing them to continue to offer in-app purchases. Though Lodsys started with smaller developers, it moved on to bigger companies like Electronics Arts and Disney.
post #2 of 19
Classy on Lodsys' part.
post #3 of 19
Coercing a charity donation is not "classy."

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #4 of 19
Quote:

Originally Posted by AppleInsider View Post

... has settled with one company in exchange for a charity donation.
 

...

 

I believe this is called extortion in most places.

post #5 of 19
I loathe Lodsys
post #6 of 19

WTF Appleinsider. Last weeks have lost me countless posts. What the **** changed?

Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

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Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

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post #7 of 19

Anyway, I typed once already:

 

@13-posts-Denobin-not-working-for-Lodsys-whatsoever:

No, it's not classy. It's despicable.

 

By using charity, Lodsys attempts to both gain moral high ground and increase the amount of settlements, thus claiming their portfolio is "licensed to over 200 companies". They're artificially inflating the worth of their worthless claims.

 

I need to sue you for wasting my time, but I'll settle if you will give a reasonable donation to http://www.childrightsnet.org/

Fine by you?

Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

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Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

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post #8 of 19
Wow. Heavy price to pay for forgetting the /s tag. Sensitive much? And since you brought it up, quantity of posts do not equal quality, as plainly evidenced by your nasty retort. Better one gold nugget than a mountain of excrement. Fine by you?
post #9 of 19

@denobin Oh, heavy price to pay for forgetting the /s tag. Sensitive much? Or maybe unhappy to find out you can't just spout out nasty crap without being called out on it? Hard life, heh?

You know what, I'll go back to my mountain of extrement. Enjoy writing self-styled gold nuggets for Lodsys.

 

Besides, my answer wasn't even that aggressive... so it can hardly be anything else than the truth that hurts you. Internet is a cold and unforgiving place ;)

Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

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Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

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post #10 of 19

Lodsys is a prime example of why software patents are evil.

 

However, at least they license their IP.  And, as such things go, the Lodsys fee (0.575% of a developer's profit) is peanuts compared to what Apple or Google and the government take for their share.

 

If a developer sells $1,000 worth of in-app purchases, then about...
 
  • $300 goes to the app store owner. (30% fee)
  • $150 goes to taxes.  (15% bracket)
  • $4 goes to Lodsys. (0.575% of remaining)
 
So out of $454 in expenses, $4 goes to Lodsys.   A large coffee.  No wonder many devs just give in and pay.
post #11 of 19
Quote:
Originally Posted by lightknight View Post

@13-posts-Denobin-not-working-for-Lodsys-whatsoever:

Was his post deleted? Maybe yours was deleted to save the reply to a nonexistent post.
post #12 of 19

@Tallest Skil: no, I think it's just an irritating bug. Might just be me doing something idiotic that I did not do before, or Safari... No clue ^^

 

@Suddenly Newton: I believe that my explanation is what you meant, if I missed something or got it wrong, do elaborate ^^

 

@KDarling: Logical, but over thousands of devs and apps, it starts being a fortune

 

@Denobin: Friends like you, I can do without. I'm pretty sure there are lots of more valuable people on this forum. Besides, even if I'm generous and will admit "you forgot /s" (even though you did not bother to edit what's the first post to be read in this thread) and you did not create an account just to spew hate and you do not react hyper-aggressively to a bit of irony (so I added a few words to your name to point out you only have 13 comments, something many others, counting TS for example, do once in a while, and I pointed out it's ridiculous to justify a lawsuit by claiming to drop it in exchange of a donation by threatening you with a not-even-existing lawsuit reason such as wasting my time?) Definitely worthy of responding with your posts, and harsh words. I'm just going to ignore/block you, and that's the first time ever on AppleInsider, which should say a lot more about you than me. Just as a reminder, you seem to have a very lax use of insult. 

Just a small search and it turns out that in the other 12 posts you made, you succeeded in aggressively targeting another user... Originally Posted by denobin You honestly sound like a frustrated wannabe techie who knows nothing about supporting corporate IT.

Good bye, and good riddance.


Edited by lightknight - 8/8/13 at 11:50am

Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

Reply

Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

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post #13 of 19
Send from my iPhone. Excuse brevity and auto-corrupt.
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Send from my iPhone. Excuse brevity and auto-corrupt.
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post #14 of 19

Cute child ^^

Forgot about that CD, thanks for reminding me it exists, even though it's probably not Prince's best ^^'

Quote:
Originally Posted by PhilBoogie View Post

Cute video

Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

Reply

Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

Reply
post #15 of 19
Quote:
Originally Posted by lightknight View Post

Cute child ^^
Forgot about that CD, thanks for reminding me it exists, even though it's probably not Prince's best ^^'

I agree, certainly not his best. If you like Rock, check out* what he did at Montreux Jazz Festival

*Mega.co.nz, which won't work with Safari
Send from my iPhone. Excuse brevity and auto-corrupt.
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Send from my iPhone. Excuse brevity and auto-corrupt.
Reply
post #16 of 19
Quote:
Originally Posted by lightknight View Post

@Suddenly Newton: I believe that my explanation is what you meant, if I missed something or got it wrong, do elaborate ^^

No, nothing to elaborate. I never saw your deleted post.

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
Reply

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #17 of 19

@Suddenly Newton

Ah, too bad. e-life sucks ^^

I need to reinstall Lazarus on Safari, it is an amazing tool :D

Also, your quote's awesome. I never noticed it...

Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

Reply

Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

Reply
post #18 of 19
Quote:
Originally Posted by lightknight View Post

@Suddenly Newton
Ah, too bad. e-life sucks ^^
I need to reinstall Lazarus on Safari, it is an amazing tool 1biggrin.gif
Also, your quote's awesome. I never noticed it...

Lazarus e-mail? Gone, gone, gone.
melior diabolus quem scies
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melior diabolus quem scies
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post #19 of 19
Lodsys' steamroll thru the developers will continue unabated apparently. Apple's request that it's own license to Lodsys patents be extended to developers was dismissed. With no indemnification except a possible $50 for iOS developers they're on their own for now. Google's parallel patent nullity action didn't work either, but I don't think any Android specific apps are yet targeted. Dunno.

http://www.electronista.com/articles/12/10/09/google.filing.forced.uspto.analysis.of.patent/
http://arstechnica.com/tech-policy/2013/09/judge-tosses-apple-motion-allows-patent-troll-lodsys-to-continue-rampage/
Edited by Gatorguy - 9/29/13 at 3:37pm
melior diabolus quem scies
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melior diabolus quem scies
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