I'd be very surprised to learn that both Apple and Google signed the licensing agreement with eyes closed. Something very fishy here...
Not eyes closed. Why would they sign patent licensing agreements that didn't cover or indemnify developers using the features they were licensing? I don't think they would, at least not Apple.
Have you folks looked at that patent? It's 88 pages of pure crap, a bunch of bullshit flow charts describing an idea that is utterly terrible ("hey, I know, why don't we have our <unspecified> product pester its user about their user experience continuously!") but in the middle of all that, out of nowhere is an almost completely unrelated item (page 25) about transactions in the application. The only thing it seems to have to do with the rest of it is that it is also occurring within a single application.
Am I missing something, or is this the most blatant troll ever? I mean usually they're less obfuscated and camouflaged with bullshit.
I don't understand how Lodsys can patent such an obvious idea, as in-app purchases ?
This is ridiculous.
Let's see -- I have a free app and I want to make it easy for people to upgrade to the paid app from within the free app. Whoa ! Headrush -- I just independently reinvented in-app purchases ! I'm a genius !
If memory serves me correctly, you can't patent obvious ideas..
Keep in mind apple owns the copyright to "apple"....
Lodsys noted Tuesday on its official blog that it "chose to move its litigation timing to an earlier date than originally planned, in response to Apple's threat, in order to preserve its legal options." The company has also offered a $1,000 payment to iOS developers if it turns out that Apple's existing license rights apply to app developers.
If they really believed they were right, they should have offered $1,000,000.
You'd be crazy not to give yourself the best shot. Given a choice between a Ferrari and Toyota in a road race, which would you chose? The Toyota, based on some notion of fairness?
Lodsys filed a patent infringement lawsuit on Tuesday against several iOS developers, making gAfter Apple's legal department actively investigated the infringement claims, the Cupertino, Calif., company sent a formal letter to Lodsys asking it to cease its legal threats against iOS developers. "Apple is undisputedly licensed to these patents and the App Makers are protected by that license," Bruce Sewell, Apple's senior vice president and general counsel, wrote in the letter.
So all Apple is giving to help its developers is talk?
Apple, we need to see some _action_ from you on this. Get in the game and protect your developers.
Hate to tell you this Apple can not get involved legally, they are not named in the lawsuits. Apple can only stand by and watch what happens. Now the developers who are being sued can call Apple as a witness, but can not rely on them for legal support.
It sounds like Lodsys thinks there is a whole in the deal between them and Apple which does not allow Apple to extend its license beyond Apple. Since none of you have seen the licensing or contract between Apple and Lodsys you are all speculating whether Lobsys really has a claim.
This could be a situation whether agreement was too specific or vague which leaves it to interpretation on whether the license agreement extend beyond Apple itself.
It seems like Lodsys is "double dipping" as it is receiving money from Apple and now wants it from the developers for the same transaction. It would be like both a seller and buyer paying for sales tax.
Another blessing in disguise might be that Apple requires all purchases to happen "in-app" so a developer has no choice to use an alternate method. Since this is the only way for a developer to have a purchase, then Lodsys should had known this when they licensed the patent to APPLE and part of their due diligence. Lodsys, may actually have some merit with the Android developers, because they are not required to have an in-app purchase method, and therefore do so on their own free will.
Apple is in a bind here. If they sit on their a@@ and do nothing, Lodsys will run rampant on the small developers who do not have the money to fight, and they could be in for a mass exodus from developers who will move to a different platform. Apple needs to push their weight around before this gets out of control. If Lodsys wins, they will bring more of these trolls out of the woodwork looking for a free handout.
Hate to tell you this Apple can not get involved legally, they are not named in the lawsuits. Apple can only stand by and watch what happens. Now the developers who are being sued can call Apple as a witness, but can not rely on them for legal support.
It sounds like Lodsys thinks there is a whole in the deal between them and Apple which does not allow Apple to extend its license beyond Apple. Since none of you have seen the licensing or contract between Apple and Lodsys you are all speculating whether Lobsys really has a claim.
This could be a situation whether agreement was too specific or vague which leaves it to interpretation on whether the license agreement extend beyond Apple itself.
They are what's known as "an interested party" and can act on behalf of or in conjuction with the developers. They are too close to the core of the issue to serve as "amicus curiae" providing expertise needed by the court in making its decision. And Lodsys is hoping that a trial by jury will allow them to confuse and misdirect a jury in the matter.
So all Apple is giving to help its developers is talk?
Apple, we need to see some _action_ from you on this. Get in the game and protect your developers.
Up until now, Lodsys hadn't filed lawsuits against any independent developers, they merely threatened them. Apple sending a cease and desist letter was, at the time, the appropriate first step. You never want to be the one to throw the first step. Keep in mind, Apple did do something, something that will become very important when this goes to court: they've established a documented response to Lodsys disputing the patent claim.
However, if you think Apple can do anything to prevent Lodsys from suing anyone, well, they can't, any more than you can stop me from suing my neighbor in court. You can countersue, but you can't stop me filing a lawsuit. If Lodsys wants to take anyone to court, nothing but legal fees stand in the way.
Up until now, Lodsys hadn't filed lawsuits against any independent developers, they merely threatened them. Apple sending a cease and desist letter was, at the time, the appropriate first step. You never want to be the one to throw the first step. Keep in mind, Apple did do something, something that will become very important when this goes to court: they've established a documented response to Lodsys disputing the patent claim.
However, if you think Apple can do anything to prevent Lodsys from suing anyone, well, they can't, any more than you can stop me from suing my neighbor in court. You can countersue, but you can't stop me filing a lawsuit. If Lodsys wants to take anyone to court, nothing but legal fees stand in the way.
However, the defendant can always add other defendants to the suit.
A common response to these type stories is asking why do you even cover them. I understand the frustration. I think covering them is good, BUT, you must follow up! There have been hundreds of these lawsuit postings over the years--some important, some not so important. But it is very rare that you ever follow up on them to their conclusion. We get: "Company A files a patent infringement lawsuit against Apple for B reason." Responses are predictable (lawyers suck, the law sucks, Texas sucks, etc.). The most we get from you is maybe a second story saying that "Apple has responded." Then that's it!
It's like a newspaper reporting that the Yankees came to bat and scored a run. Then later another story says Boston responded with one run in the 2nd. Then that's it. No box score, no final result. That's what it's like when you post these stories. Frustrating.
Readers need to get the whole story, not just the start of it.
I'm not saying you have to write a story about the progress or conclusion of each one (but that would be nice), but even a year-end summary of the status or disposition of all of them would be better than nothing.
Here's a nice one. Pick any company to troll it with:
Lot W110204-A - Power Management
Lot Description:
The patents in this lot generally relate to switch mode power supplies and computer batteries. In particular, they relate to switch-mode power supply design and optimization as well as battery charging.
Exemplary Patent(s):
Patent, US5907197 generally relates to an implementation of a AC/DC portable power connecting architecture. It enables the computer system to receive external power from both AC and DC.
(To be fair, this patent is probably licensed quite widely)
Comments
I'd be very surprised to learn that both Apple and Google signed the licensing agreement with eyes closed. Something very fishy here...
Not eyes closed. Why would they sign patent licensing agreements that didn't cover or indemnify developers using the features they were licensing? I don't think they would, at least not Apple.
Am I missing something, or is this the most blatant troll ever? I mean usually they're less obfuscated and camouflaged with bullshit.
That from Pulp Fiction is what I think of every time I think about what Apple is going to do to Lodsys.
Apple's wallet is the one that says Bad Mother****er on it.
I don't understand how Lodsys can patent such an obvious idea, as in-app purchases ?
This is ridiculous.
Let's see -- I have a free app and I want to make it easy for people to upgrade to the paid app from within the free app. Whoa ! Headrush -- I just independently reinvented in-app purchases ! I'm a genius !
If memory serves me correctly, you can't patent obvious ideas..
Keep in mind apple owns the copyright to "apple"....
Lodsys noted Tuesday on its official blog that it "chose to move its litigation timing to an earlier date than originally planned, in response to Apple's threat, in order to preserve its legal options." The company has also offered a $1,000 payment to iOS developers if it turns out that Apple's existing license rights apply to app developers.
If they really believed they were right, they should have offered $1,000,000.
Aka, patent troll paradise.
You'd be crazy not to give yourself the best shot. Given a choice between a Ferrari and Toyota in a road race, which would you chose? The Toyota, based on some notion of fairness?
Lodsys filed a patent infringement lawsuit on Tuesday against several iOS developers, making gAfter Apple's legal department actively investigated the infringement claims, the Cupertino, Calif., company sent a formal letter to Lodsys asking it to cease its legal threats against iOS developers. "Apple is undisputedly licensed to these patents and the App Makers are protected by that license," Bruce Sewell, Apple's senior vice president and general counsel, wrote in the letter.
So all Apple is giving to help its developers is talk?
Apple, we need to see some _action_ from you on this. Get in the game and protect your developers.
It sounds like Lodsys thinks there is a whole in the deal between them and Apple which does not allow Apple to extend its license beyond Apple. Since none of you have seen the licensing or contract between Apple and Lodsys you are all speculating whether Lobsys really has a claim.
This could be a situation whether agreement was too specific or vague which leaves it to interpretation on whether the license agreement extend beyond Apple itself.
Another blessing in disguise might be that Apple requires all purchases to happen "in-app" so a developer has no choice to use an alternate method. Since this is the only way for a developer to have a purchase, then Lodsys should had known this when they licensed the patent to APPLE and part of their due diligence. Lodsys, may actually have some merit with the Android developers, because they are not required to have an in-app purchase method, and therefore do so on their own free will.
Keep in mind apple owns the copyright to "apple"....
...how is that statement even relevant? We are talking patents here and you throw in a copyright comment?
How about the sky is blue, the earth (in parts) is green and the sun rises in the east as well. Relevancy, the new commentary...
http://www.setexasrecord.com/news/23...supporter-says
Hate to tell you this Apple can not get involved legally, they are not named in the lawsuits. Apple can only stand by and watch what happens. Now the developers who are being sued can call Apple as a witness, but can not rely on them for legal support.
It sounds like Lodsys thinks there is a whole in the deal between them and Apple which does not allow Apple to extend its license beyond Apple. Since none of you have seen the licensing or contract between Apple and Lodsys you are all speculating whether Lobsys really has a claim.
This could be a situation whether agreement was too specific or vague which leaves it to interpretation on whether the license agreement extend beyond Apple itself.
They are what's known as "an interested party" and can act on behalf of or in conjuction with the developers. They are too close to the core of the issue to serve as "amicus curiae" providing expertise needed by the court in making its decision. And Lodsys is hoping that a trial by jury will allow them to confuse and misdirect a jury in the matter.
I'm certainly no lawyer but I wonder if the rush to file has anything to do with this:
http://www.setexasrecord.com/news/23...supporter-says
Seems entirely possible. It looks like there was some deadline approaching that moved the timeline.
So all Apple is giving to help its developers is talk?
Apple, we need to see some _action_ from you on this. Get in the game and protect your developers.
Up until now, Lodsys hadn't filed lawsuits against any independent developers, they merely threatened them. Apple sending a cease and desist letter was, at the time, the appropriate first step. You never want to be the one to throw the first step. Keep in mind, Apple did do something, something that will become very important when this goes to court: they've established a documented response to Lodsys disputing the patent claim.
However, if you think Apple can do anything to prevent Lodsys from suing anyone, well, they can't, any more than you can stop me from suing my neighbor in court. You can countersue, but you can't stop me filing a lawsuit. If Lodsys wants to take anyone to court, nothing but legal fees stand in the way.
Up until now, Lodsys hadn't filed lawsuits against any independent developers, they merely threatened them. Apple sending a cease and desist letter was, at the time, the appropriate first step. You never want to be the one to throw the first step. Keep in mind, Apple did do something, something that will become very important when this goes to court: they've established a documented response to Lodsys disputing the patent claim.
However, if you think Apple can do anything to prevent Lodsys from suing anyone, well, they can't, any more than you can stop me from suing my neighbor in court. You can countersue, but you can't stop me filing a lawsuit. If Lodsys wants to take anyone to court, nothing but legal fees stand in the way.
However, the defendant can always add other defendants to the suit.
A common response to these type stories is asking why do you even cover them. I understand the frustration. I think covering them is good, BUT, you must follow up! There have been hundreds of these lawsuit postings over the years--some important, some not so important. But it is very rare that you ever follow up on them to their conclusion. We get: "Company A files a patent infringement lawsuit against Apple for B reason." Responses are predictable (lawyers suck, the law sucks, Texas sucks, etc.). The most we get from you is maybe a second story saying that "Apple has responded." Then that's it!
It's like a newspaper reporting that the Yankees came to bat and scored a run. Then later another story says Boston responded with one run in the 2nd. Then that's it. No box score, no final result. That's what it's like when you post these stories. Frustrating.
Readers need to get the whole story, not just the start of it.
I'm not saying you have to write a story about the progress or conclusion of each one (but that would be nice), but even a year-end summary of the status or disposition of all of them would be better than nothing.
I'm certainly no lawyer but I wonder if the rush to file has anything to do with this:
http://www.setexasrecord.com/news/23...supporter-says
Looks like you are right!
http://h20229.www2.hp.com/hpvps/OnlinePatentSales.html
Here's a nice one. Pick any company to troll it with:
Lot W110204-A - Power Management
Lot Description:
The patents in this lot generally relate to switch mode power supplies and computer batteries. In particular, they relate to switch-mode power supply design and optimization as well as battery charging.
Exemplary Patent(s):
Patent, US5907197 generally relates to an implementation of a AC/DC portable power connecting architecture. It enables the computer system to receive external power from both AC and DC.
(To be fair, this patent is probably licensed quite widely)