Apple isn't the one infringing on the patent, the software made by developers who are not Apple are the things infringing.
There isn't a patent to infringe upon here, which is why they're not going after apple (they know it won't stand up in court)
And considering the devs are using a system similar/identical to apple's IAP, the patent troll could go after apple (and a MUCH bigger payoff) if they felt they stood a chance, but they know they don't.
They're claiming that offering a "Upgrade now!" button is something that should be patent-able, no matter HOW that button is offered (or how much the code differs from the patent holders)
1. A system comprising: units of a commodity that can be used by respective users in different locations, a user interface, which is part of each of the units of the commodity, configured to provide a medium for two-way local interaction between one of the users and the corresponding unit of the commodity, and further configured to elicit, from a user, information about the user's perception of the commodity, a memory within each of the units of the commodity capable of storing results of the two-way local interaction, the results including elicited information about user perception of the commodity, a communication element associated with each of the units of the commodity capable of carrying results of the two-way local interaction from each of the units of the commodity to a central location, and a component capable of managing the interactions of the users in different locations and collecting the results of the interactions at the central location.
If one assumes "commodity" can mean any valuable piece of electronic media, this would apply to absolutely anything digitally purchased over a network. That means any downloaded software (in app or not), any music, any eBook, any useful forms (IRS, etc.) or any other information. As such it is far FAR too broad a brush and should be struck down on that fact alone.
If one assumes "commodity" can mean any valuable piece of electronic media, this would apply to absolutely anything digitally purchased over a network. That means any downloaded software (in app or not), any music, any eBook, any useful forms (IRS, etc.) or any other information. As such it is far FAR too broad a brush and should be struck down on that fact alone.
EXACTLY: You can´t assume that. No computer or app is a commodity.
Apple needs to get solidly behind these developers, right away.
+1 as well.
Apple should know that its third-party developers is what made iOS such the runaway hit. So much so they are doing the same thing on the Mac. Apple, now is the time for you to Man-Up, get behind your developers, and say "Not on My Watch."
obviously, apple should not defend developers on every issue. But, clearly, this is one of those issues where apple should extend their legal resources in all it's might to the developers.
Not only because this is bullshit, but because this is an attempt to set a legal precedent that will open a flood of patent troll lawsuits on ios developers. You know- the ones who make money to take away in lawsuits. The chilling effect on development, not to mention the major legal hurdles that will become a part of developing an ios app could be devastating.
Really?? Did the patent holder read their own patent? The patent is for a customer learning system. Basically what could be called a forum but more specifically a tasked base program sand box that allows customers to dictate the learning of the system.
The stated patent core purpose:
One of the core purposes of the invention is illustrated in FIG. 15. This is the ability to learn interactively and iteratively from the users of products and information systems anywhere in the world while they are in use?without having to travel to their sites (or without having to bring them to a testing laboratory). Since this is a two-way link, it also offers the ability to respond meaningfully to customers and users based on worldwide, local, organizational or individual needs regardless of where they are located.
This means that something like Microsoft Visual SourceSafe.
The patent clearly states the purpose of the patent here:
This Customer-Based Product Design Module invention uses a combination of computer hardware, software and communications technologies to construct a module that is built into certain products and services, to establish a network of customer-vendor-distributor interactions and communications (or a network of internal organization-wide interactions in the area of computer-based performance). These make possible new customer and user roles in the design and development of products and services, and customer-vendor relationships. Over time, this may produce a gradual transfer to customers of commercial direction and market control, both in individual cases (such as the evolution of a particular product) and in aggregate, from vendors and distributors.
FAILED!! Check the PDF images on the page. It doesnt mention anything closely related to the App Store and the purchase of a product but rather the learning from customer expereince and altering this distribution method. When means Apple is the target and not the developers. Thats like trying to sue developers for uploading videos to YouTube and getting feedback from the users to improve the video postings...oopps YouTube is NEXT!!! RUN FOR YOUR LIVES!!!!
It´s not only Apple, the developer should also walk free from this. Imagine: how moric a judge would have to be to say that PC Calc or any other app is a "commodity". By definition, a commodity encompases identical products (silver, oil, corn, etc.) Apps are all different.
But, but your honor, they ARE all the same!!! Just bits!!!!
It is a strategic move to sue developers and not Apple. Apple is employing the same strategy by suing HTC and not Google. Go after the weak link in a chain first.
I am serving fair notice of patent infringement upon each user of products in the US. You are breathing. Said breathing violates my patent for the inhalation and exhalation of air using a diaphragm and musculature to induce the transfer of air volume between the natural air environment and lungs.
Each air user has 21 days to respond with a completed licensing request. There is two tier pricing system available: 1) per use licensing with a charge of 20¢ per exhalation; and 2) a volume pricing agreement with the price set at $60 per day paid weekly or $450 per week paid monthly.
Units of exhalation may be purchased in advance in units of exhalation and bulk purchase quantities of 1 day, 1 week, 1 month and 1 year. We take all major credit cards.
I didn't see anyone point out that one of the effects of this suit against developers would be to drive developers away from the iOS platform. Who would benefit by that?
I wonder how generic those systems for data collection are. If the patent is one of those mindless ones where they describe something obvious which gets thrown out of court, then this company may just be trying to scare developers into submission, knowing that Apple would kick their asses.
I hate these patent sitters and the lame patent office that doesn't understand IT or what is and is not innovation.
You mean something that is not innovation like pinching to zoom, portrait and landscape docking, the shape of a phone that looks like phones and devices already on the market. That type of thing. Good to see apple getting a taste of its own medicine. Lame patents are lame patents, no matter who registers them.
You mean something that is not innovation like pinching to zoom, portrait and landscape docking, the shape of a phone that looks like phones and devices already on the market. That type of thing. Good to see apple getting a taste of its own medicine. Lame patents are lame patents, no matter who registers them.
Of course the difference is one company is trying tom protect aspects of a real product and the other is trying to extort money from small developers.
Apple,Goole, and even Amazon all have a vested interest in crushing this particular troll.
Doesn't this seem a big odd? Going after the developer? Wowzer. Probably due to the fact they know legal action with the smaller people would be less of a struggle than dealing with apple and their billions?
So odd.
It seems to happen regularly. Some things I've seen, I think the SCO case in particular, and some other cases, where the company can take their settlement money and use it to move on to larger targets. It makes perfect business sense, though this is more predatory litigation than anything else.
Quote:
Originally Posted by stelligent
It is a strategic move to sue developers and not Apple. Apple is employing the same strategy by suing HTC and not Google. Go after the weak link in a chain first.
I think there is a false equivalency here. HTC isn't some tiny developer with less than a dozen employees. HTC should be able to easily defend themselves. I also recall the issue of whether Google is directly making money on the Android platform muddies the waters, their benefit is reasonably indirect.
Comments
Why would they go after Apple?
Apple isn't the one infringing on the patent, the software made by developers who are not Apple are the things infringing.
There isn't a patent to infringe upon here, which is why they're not going after apple (they know it won't stand up in court)
And considering the devs are using a system similar/identical to apple's IAP, the patent troll could go after apple (and a MUCH bigger payoff) if they felt they stood a chance, but they know they don't.
They're claiming that offering a "Upgrade now!" button is something that should be patent-able, no matter HOW that button is offered (or how much the code differs from the patent holders)
Here is claim 1:
1. A system comprising: units of a commodity that can be used by respective users in different locations, a user interface, which is part of each of the units of the commodity, configured to provide a medium for two-way local interaction between one of the users and the corresponding unit of the commodity, and further configured to elicit, from a user, information about the user's perception of the commodity, a memory within each of the units of the commodity capable of storing results of the two-way local interaction, the results including elicited information about user perception of the commodity, a communication element associated with each of the units of the commodity capable of carrying results of the two-way local interaction from each of the units of the commodity to a central location, and a component capable of managing the interactions of the users in different locations and collecting the results of the interactions at the central location.
If one assumes "commodity" can mean any valuable piece of electronic media, this would apply to absolutely anything digitally purchased over a network. That means any downloaded software (in app or not), any music, any eBook, any useful forms (IRS, etc.) or any other information. As such it is far FAR too broad a brush and should be struck down on that fact alone.
Apple needs to get solidly behind these developers, right away.
+1.
Do the right thing here, Apple, and stand behind the developers that make your App Store great.
If one assumes "commodity" can mean any valuable piece of electronic media, this would apply to absolutely anything digitally purchased over a network. That means any downloaded software (in app or not), any music, any eBook, any useful forms (IRS, etc.) or any other information. As such it is far FAR too broad a brush and should be struck down on that fact alone.
EXACTLY: You can´t assume that. No computer or app is a commodity.
Apple needs to get solidly behind these developers, right away.
+1 as well.
Apple should know that its third-party developers is what made iOS such the runaway hit. So much so they are doing the same thing on the Mac. Apple, now is the time for you to Man-Up, get behind your developers, and say "Not on My Watch."
Not only because this is bullshit, but because this is an attempt to set a legal precedent that will open a flood of patent troll lawsuits on ios developers. You know- the ones who make money to take away in lawsuits. The chilling effect on development, not to mention the major legal hurdles that will become a part of developing an ios app could be devastating.
Apple needs to get solidly behind these developers, right away.
I completely agree with that.
The stated patent core purpose:
One of the core purposes of the invention is illustrated in FIG. 15. This is the ability to learn interactively and iteratively from the users of products and information systems anywhere in the world while they are in use?without having to travel to their sites (or without having to bring them to a testing laboratory). Since this is a two-way link, it also offers the ability to respond meaningfully to customers and users based on worldwide, local, organizational or individual needs regardless of where they are located.
This means that something like Microsoft Visual SourceSafe.
The patent clearly states the purpose of the patent here:
This Customer-Based Product Design Module invention uses a combination of computer hardware, software and communications technologies to construct a module that is built into certain products and services, to establish a network of customer-vendor-distributor interactions and communications (or a network of internal organization-wide interactions in the area of computer-based performance). These make possible new customer and user roles in the design and development of products and services, and customer-vendor relationships. Over time, this may produce a gradual transfer to customers of commercial direction and market control, both in individual cases (such as the evolution of a particular product) and in aggregate, from vendors and distributors.
FAILED!! Check the PDF images on the page. It doesnt mention anything closely related to the App Store and the purchase of a product but rather the learning from customer expereince and altering this distribution method. When means Apple is the target and not the developers. Thats like trying to sue developers for uploading videos to YouTube and getting feedback from the users to improve the video postings...oopps YouTube is NEXT!!! RUN FOR YOUR LIVES!!!!
It´s not only Apple, the developer should also walk free from this. Imagine: how moric a judge would have to be to say that PC Calc or any other app is a "commodity". By definition, a commodity encompases identical products (silver, oil, corn, etc.) Apps are all different.
But, but your honor, they ARE all the same!!! Just bits!!!!
yes that was sarcasm...
I completely agree with that.
seconded.
Each air user has 21 days to respond with a completed licensing request. There is two tier pricing system available: 1) per use licensing with a charge of 20¢ per exhalation; and 2) a volume pricing agreement with the price set at $60 per day paid weekly or $450 per week paid monthly.
Units of exhalation may be purchased in advance in units of exhalation and bulk purchase quantities of 1 day, 1 week, 1 month and 1 year. We take all major credit cards.
/snark
Why would they go after Apple?
Apple isn't the one infringing on the patent, the software made by developers who are not Apple are the things infringing.
No, the in-app purchase code is made by Apple. It's Apple's framework that is being used.
I wonder how generic those systems for data collection are. If the patent is one of those mindless ones where they describe something obvious which gets thrown out of court, then this company may just be trying to scare developers into submission, knowing that Apple would kick their asses.
I hate these patent sitters and the lame patent office that doesn't understand IT or what is and is not innovation.
You mean something that is not innovation like pinching to zoom, portrait and landscape docking, the shape of a phone that looks like phones and devices already on the market. That type of thing. Good to see apple getting a taste of its own medicine. Lame patents are lame patents, no matter who registers them.
You mean something that is not innovation like pinching to zoom, portrait and landscape docking, the shape of a phone that looks like phones and devices already on the market. That type of thing. Good to see apple getting a taste of its own medicine. Lame patents are lame patents, no matter who registers them.
Of course the difference is one company is trying tom protect aspects of a real product and the other is trying to extort money from small developers.
Apple,Goole, and even Amazon all have a vested interest in crushing this particular troll.
Doesn't this seem a big odd? Going after the developer? Wowzer. Probably due to the fact they know legal action with the smaller people would be less of a struggle than dealing with apple and their billions?
So odd.
It seems to happen regularly. Some things I've seen, I think the SCO case in particular, and some other cases, where the company can take their settlement money and use it to move on to larger targets. It makes perfect business sense, though this is more predatory litigation than anything else.
It is a strategic move to sue developers and not Apple. Apple is employing the same strategy by suing HTC and not Google. Go after the weak link in a chain first.
I think there is a false equivalency here. HTC isn't some tiny developer with less than a dozen employees. HTC should be able to easily defend themselves. I also recall the issue of whether Google is directly making money on the Android platform muddies the waters, their benefit is reasonably indirect.