Lodsys Threatens to Sue App Store Developers Over In-App Purchases and Upgrade Links

I noticed that one of the developers is in Scotland.

Software patents have no legal basis in the UK and so are not enforceable in this country. The worst that can happen is they go to court in the US, he doesn't turn up, loses and they still can't do anything.

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Will the world ever end this "intellectual property" insanity?

An idea is not your property once you say it out loud.

How about use a "Enhance" button/link instead?

Patent whore. When is this going to stop? Major reforms are needed in the patent office to stop this happening.

Caharin said:

Has anyone patented air yet? Now that I've mentioned it I better rush down to the patent office ...

You should all stop breathing until I get this matter settled or I may have to back-charge you for material consumed.

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I've patented inhaling, however I did not file fast enough to get exhaling too so the bad news is you'll have to negotiate two licenses to breathe.

Interesting fact is that all this patent-trolling news is intimately related to how he american patent system is built.

Here in Europe you can't patent an idea/design or register a trademark unless you actually use it on the market.

Not sayin our system is better in every aspects, though (a little inventor starts imagining a revolutionary design but can't register it, big company comes and steal the idea, then bring it on the market in shorter time due to their much more efficient infrastructures, then patents the revolutionary design, little inventor is ripped off).

But at least those patent portfolio scammers are more or less kept away.



Then there's the fact that European innovation looks like an oxymoron - but we're working on that, aren't we ? ;-)

rich2000 said:

I noticed that one of the developers is in Scotland.

Software patents have no legal basis in the UK and so are not enforceable in this country. The worst that can happen is they go to court in the US, he doesn't turn up, loses and they still can't do anything.

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only on sales there in Scotland but if they are being sold in the US the developers are subject to US laws on all those sales.

RalfTheDog said:

snip-

I vote for a spontaneous existence failure.

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Thank you, that made my afternoon

Rodimus Prime said:

only on sales there in Scotland but if they are being sold in the US the developers are subject to US laws on all those sales.

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So on that basis the worst that can happen is he is simply restricted from selling it to US customers, turn off button on iTunes Connect... done.

He can't be forced to pay when he is neither a US citizen or resident of the country.

Hopefully Apple will take care of this on behalf of these developers. This seems like a very clear-cut case of patent trolling an obvious "invention."

I'm most curious about the mindset of patent troll companies. At some point in their lives, these individuals rationalized (or don't care about) their horrible behavior.

It's not even hidden anymore. The patent system is broken. Idiots like this can purchase patents which should not have been granted in the first place. They then exist solely to extort money out of small businesses that don't have the resources to fight back. How on Earth is this legal in a civilized society?

Patenting such vague ideas should never have been allowed. It's just not common sense.

The patent system needs serious reform, especially in the area where "IP firms" hold companies hostage and extort huge amounts of money, for basically zero work.

AoxomoxoA said:

I've patented inhaling, however I did not file fast enough to get exhaling too so the bad news is you'll have to negotiate two licenses to breathe.

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Farting is opensource

Small White Car said:

Unfortunately, this may end up working out well for them. If the patent is legally solid (I have no idea) then Apple may end up buying it and telling developers they won't enforce it just so they can keep using it.

So these clowns may actually get away with a big check.

But whether it's a buy-out or just legal-threats I can't see Apple staying neutral. I suspect they'll take some kind of action.

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one wonders if the same thing is happening with android apps? any idea?

HiVolt said:

Patenting such vague ideas should never have been allowed. It's just not common sense.

The patent system needs serious reform, especially in the area where "IP firms" hold companies hostage and extort huge amounts of money, for basically zero work.

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Particularly when 'being right' doesn't guarantee you'll win. Even if the patent is flawed, you presumably still need to challenge it in court, which costs money, which lots of smaller developers don't have.

Patents do have genuine value; but IMO the system is being heavily abused either as a way of stifling competition; or adding a parasitical tax on others.

Kill the trolls

It is time for patent reform. Software, genes and most other patents should never have been granted. They should be voided. Specifically companies and individuals that do this sort of patent trolling should be prosecuted for blackmail. They are not doing innovation nor contributing. The whole point behind the patent was to share ideas and give the original producer some reward. This has been distorted and abused. Frankly, ideas are a dime a dozen. It is implementation, taking it to market and making money on it that really matters. I speak as an inventor and no, I don't patent my stuff, I produce, market and sell it. That is the right way. Kill the trolls.

Well, if there are patents for "a way to grab a cup".

Small White Car said:

I bet they think that going after small companies will make this easier for them.

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I agree. Maybe the developers should get together and form a class action countersue . Seriously, praying on small companies like this is wrong, I look forward to hearing what Apple has to say about this.

But I....

I patented the patent filing process and before that I patented the idea for preparing a patent that was later filed. My most recent patent is a "megabolt" bi-optical process for converting ambient signals into electrochemical synapse signal that can be interpreted by CNS and render it in live 3d content.

muire said:

I patented washing dishes with soap, before people were thinking about that sort of thing.

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gnasher729 said:

... And even then they get to keep all the money that people paid to them.

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Actually, if the patent is found invalid, they are open to lawsuits for damages from anyone who they previously extracted money from... (I believe...)

So here we are... companies buying patents and then using them to make money through coercive methods. Thanks mixed economy...

cmaier said:

um, no.



Did you read the patent? It has a very early priority date, before people were thinking about this sort of thing.

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So what? The obviousness of the patent should invalidate it.

It is a "button" and it does not describe "how" the upgrade process works. Patents should describe processes which are unique and you should not be able to patent "user does x" and only what happens after the user does something.

Software patents are absurd. "I patented a digital "button" that is a link to another page to complete a purchase. All it is is a concept and 2 lines of code everyone learns in the first week of any programming class, but I patented it"

So you patented every purchase button ever coded? WTF?!?!?!? By this logic Al Gore should sue everyone for stealing his internets.

USPTO needs to do away with BS patents like this. Waste of everyone's time and money, not to mention stifling innovation.

I'm going to make a career in politics almost solely to push patent reform.

kyjaotkb said:

Farting is opensource

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I patented molecules containing hydrogen and/or carbon, as well as cells, and the letter E. Think of all the money I'm missing out on by not protecting them!

perhaps not but...

the spirit of a patent was for concrete object developed as a result of a manufacturing process. With the advent of the digital ecosystem, their is no really product but an electronic symbol of an object. That is the problem.

I agree reform is needed, but the beast is too big at this point.

smarch said:

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Will the world ever end this "intellectual property" insanity?

An idea is not your property once you say it out loud.

Click to expand...