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BLACKFRIDAY

macrumors regular
May 23, 2011
224
0
Maybe not. Part of Apple's legal argument is that their developers are covered due to the curated (google would say "closed") nature of the ecosystem. Here's a quote from Apple's response:

"These licensed products and services enable Apple’s App Makers to communicate with end users through the use of Apple’s own licensed hardware, software, APIs, memory, servers, and interfaces, including Apple’s App Store."

Android's "open" nature means that developers are not obliged to use google's channels and users are able to download apps from anywhere and install them via their SD cards. This is a very different legal situation and I can't see Apple's argument applying to android.

I think so too.

It's not really that different, but implications for Android and iOS are entirely different and there may be a cost now.

Again, maybe not. Google have shown a distinct reluctance to stand up for hardware manufacturers hit by patent litigation. Why should they treat their developers any differently?

Google will definitely step in; now that Apple already has. They don't have a choice. They might lose but they are definitely going to show interest to developer's request void any future lawsuits.
 

foodog

macrumors 6502a
Sep 6, 2006
911
43
Atlanta, GA
Well... you can tell that Lodsys has some huge balls of steel... Going against Apple and Google at the same time... I bet they are soon also targeting Windows Phone developers... :rolleyes: Well, good luck with that Sir!

But in other ways... I think they want to be bought up for a good price... Like this they can force out more money for their company.
Or they can raise the price for the patent so that every developer is under the hood of their platform owners.

Apple has already paid them for licensing... they have already said all thier developers are covered by this. Google and MS??
 

ChazUK

macrumors 603
Feb 3, 2008
5,393
25
Essex (UK)
Wirelessly posted (Mozilla/5.0 (Linux; U; Android 2.3.4; en-gb; Nexus S Build/GRJ22) AppleWebKit/533.1 (KHTML, like Gecko) Version/4.0 Mobile Safari/533.1)

foodog said:
Well... you can tell that Lodsys has some huge balls of steel... Going against Apple and Google at the same time... I bet they are soon also targeting Windows Phone developers... :rolleyes: Well, good luck with that Sir!

But in other ways... I think they want to be bought up for a good price... Like this they can force out more money for their company.
Or they can raise the price for the patent so that every developer is under the hood of their platform owners.

Apple has already paid them for licensing... they have already said all thier developers are covered by this. Google and MS??

I'm sure Lodsys originally said that Apple, Microsoft and Google are licenced to use this patent.
 

KnightWRX

macrumors Pentium
Jan 28, 2009
15,046
4
Quebec, Canada
Does Cydia implement Lodsys' patents? Can you do in-app purchases that talk to Cydia servers? If so, they might be infringing on this patent.

Infringment does not depend only on in-app purchases. Developers who were simply linking back to their full app on the App Store from their lite-app also received letters.

This is larger than in-app purchases/in-app billing.

Anyway, am I the only one who read the part in the summary that mentionned Lodsys does not agree with Apple's assertion that their license covers developers ?

Lodsys claims, however, that these licenses do not extend to individual developers on each platform.

This I think is the biggest news item in this story. This means Lodsys will eventually sue a developer directly and that poor soul is going to have to bear the brunt of the assault and pay legal costs to either fight it or will have to license the patent.

I think so too.

It's not really that different, but implications for Android and iOS are entirely different and there may be a cost now.

They aren't really. If the license Google/Apple have for the patent is indeed valid and covers developers, it just means if you want to offer "upgrades" in your app, you now have to do so using the approved methods only (in-app billing/in-app purchases). You can't use outside methods anymore (like putting up a free Lite app on the App Store and just putting up a link to the full app on a screen in your application).

Same applies to both Android and iOS.
 

MorphingDragon

macrumors 603
Mar 27, 2009
5,160
6
The World Inbetween
Infringment does not depend only on in-app purchases. Developers who were simply linking back to their full app on the App Store from their lite-app also received letters.

WTF!? Completely retarded.

Wouldn't Shareware from the 90s which reference the maker's website constitute as prior art then? As far as I can see the first Lodsys patent was granted in 1997? Quake Shareware referenced the full version on the ID website for purchase in 1996.

http://web.archive.org/web/19961220090258/http://www.idsoftware.com/shopping/smauls.html
 
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MorphingDragon

macrumors 603
Mar 27, 2009
5,160
6
The World Inbetween
Lol. Thanks for the Friday laugh.

Hilariously ironic that WP7, whose biggest selling point should be integration with already used MS enterprise apps, is not enterprise ready...

Its more "enterprise ready" (Biggest buzzword in the world) than Android, and this is coming for a person who specializes in Linux infrastructure.
 
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KnightWRX

macrumors Pentium
Jan 28, 2009
15,046
4
Quebec, Canada
WTF!? Completely retarded.

Wouldn't Shareware from the 90s which reference the maker's website constitute as prior art then? As far as I can see the first Lodsys patent was granted in 1997? Quake Shareware referenced the full version on the ID website for purchase in 1996.

http://web.archive.org/web/19961220090258/http://www.idsoftware.com/shopping/smauls.html

Reference and linking back are not the same thing. Lodsys' patent was applied for in 1988 I think, even though it was granted in 1997. Prior art would have to be before then.

Also a big part of the patent is collecting "feedback" and sending it back to a central source (linking back to the app store, which registers the user's click after reading the question "Did you like this app ?"). Shareware that only displayed a page with information does not constitute prior art as it lacks the "gathering information" and "sending it back to a central location" parts of the patent.
 

MorphingDragon

macrumors 603
Mar 27, 2009
5,160
6
The World Inbetween
Reference and linking back are not the same thing. Lodsys' patent was applied for in 1988 I think, even though it was granted in 1997. Prior art would have to be before then.

The earliest confirmed number I can find is applied for in 1997 and published in 1999, this is from the patents that Lodsys list on their website and searching Daniel H Abelow in patent databases.

Also a big part of the patent is collecting "feedback" and sending it back to a central source (linking back to the app store, which registers the user's click after reading the question "Did you like this app ?"). Shareware that only displayed a page with information does not constitute prior art as it lacks the "gathering information" and "sending it back to a central location" parts of the patent.

The patents are written really ambiguously. Nouns are "the invention" and the like. Some dirtbag lawyer could word it so something as trivial as logs could be a central source.

Hey, badly written legal documents deserve a really bad interpretation. :D
 

KnightWRX

macrumors Pentium
Jan 28, 2009
15,046
4
Quebec, Canada
The earliest confirmed number I can find is applied for in 1997 and published in 1999, this is from the patents that Lodsys list on their website and searching Daniel H Abelow in patent databases.

Search harder, someone posted the information in another thread. Basically the patent was filed and then amended for quite some time before being actually granted. It is a very old patent.

The patents are written really ambiguously. Everything is "the invention" or the like. Some dirtbag lawyer could word it so telephone logs could be a central source.

Read the abstract. It's not so ambiguous. It has to be over a network, so no, a telephone log can't be a central source. This is really a "do something we've all done before, OVER THE INTERNET!" type patent that was filed in the darker days of the Internet (late 80s, early 90s).
 

MorphingDragon

macrumors 603
Mar 27, 2009
5,160
6
The World Inbetween
Search harder, someone posted the information in another thread. Basically the patent was filed and then amended for quite some time before being actually granted. It is a very old patent.

Crap, hate using MRoogle, takes so long to find anything specific.



Read the abstract. It's not so ambiguous. It has to be over a network, so no, a telephone log can't be a central source. This is really a "do something we've all done before, OVER THE INTERNET!" type patent that was filed in the darker days of the Internet (late 80s, early 90s).

The invention may be embedded in products or services that contain a microprocessor and a facility for communication.

Does not have to be the internet explicitly using that wording.
 

mw360

macrumors 68020
Aug 15, 2010
2,032
2,395
The patents are written really ambiguously. Nouns are "the invention" and the like. Some dirtbag lawyer could word it so something as trivial as logs could be a central source.

Hey, badly written legal documents deserve a really bad interpretation. :D

Hmm, are you talking as a lawyer now, or just as someone who thinks it all reads a bit funny? I think that affects what value to place on your commentary. Writing patent applications isn't the same as writing a piece for Engadget you know?
 

MorphingDragon

macrumors 603
Mar 27, 2009
5,160
6
The World Inbetween
No, it could also be a BBS, but who uses those anymore ? ;)

The individual claims further clarify that this requires electronic transfer.

It does not seem to make a distinction between digital and analog electronics for the communication method, that provides a lot of wriggle room for more terrible wording and half arsed internet arguments over nothing.

On a further note, are we really arguing over whether a patent that is being used for blatant trolling is ambiguous in wording?

Hmm, are you talking as a lawyer now, or just as someone who thinks it all reads a bit funny? I think that affects what value to place on your commentary. Writing patent applications isn't the same as writing a piece for Engadget you know?

This. Is. MacRumors. Most of the commentary is going to be meaningless beyond actual lawyers, even then a lot of the known lawyers here aren't posting or are just giving personal opinions.
 
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SactoGuy18

macrumors 601
Sep 11, 2006
4,348
1,509
Sacramento, CA USA
I wonder does Lodsys know about the why the Feds went after the United Shoe Machinery Company for patent abuse during the first half of the 20th Century.

Nodsys could be charged with possible restraint of trade based on the Sherman and/or Clayton Antitrust Acts.
 

BLACKFRIDAY

macrumors regular
May 23, 2011
224
0
They aren't really. If the license Google/Apple have for the patent is indeed valid and covers developers, it just means if you want to offer "upgrades" in your app, you now have to do so using the approved methods only (in-app billing/in-app purchases). You can't use outside methods anymore (like putting up a free Lite app on the App Store and just putting up a link to the full app on a screen in your application).

Same applies to both Android and iOS.

What if a developer is using the API's to sell an app outside Android Marketplace?
 

ciTiger

macrumors 6502a
Jan 25, 2011
626
0
Portugal (Porto)
I hope to see a clarification by courts regarding this soon!
Things should be clear about whether we developers have something to worry about or not...
 

chrono1081

macrumors G3
Jan 26, 2008
8,456
4,159
Isla Nublar
I can't wait to see how this all pans out. I hope Google and Apple (and Microsoft since I'm sure they are next) bankrupt the **** out of Lodsys.
 

rockosmodurnlif

macrumors 65816
Apr 21, 2007
1,089
96
New York, NY
Apple and then Google? If the government made mobile applications wherein you could purchase features within the app, then Lodsys could take on them as well. This company must be nothing but lawyers.
 
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