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Old May 31, 2011, 05:03 PM   #1
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Lodsys Responds to Apple, Files Lawsuits Against App Developers







Patent holding firm Lodsys today published a series of blog posts revealing that the company has filed suit against App Store developers, accelerating its efforts to extract licensing fees from developers for using in app purchases and upgrade links in their App Store applications. Lodsys had given developers 21 days to negotiate a license before filing suit, but the firm appears to have initiated lawsuits early in order to thwart Apple's efforts to back the developers.
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Q: Why did Lodsys sue some App Developers on May 31, 2011?

Lodsys 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.
Lodsys has also disputed Apple's assertion that developers are "undeniably licensed" for the technology by virtue of an existing licensing arrangement between Apple and Lodsys.
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[Apple's] letter was very surprising as Apple and Lodsys were in confidential discussions and there was clearly disagreement on the interpretation of the license terms of Apple's agreement. Before, during and after these interactions, Lodsys has carefully considered this issue and consulted several legal experts to consider Apple's claims. We stand firm and restate our previous position that it is the 3rd party Developers that are responsible for the infringement of Lodsys' patents and they are responsible for securing the rights for their applications. Developers relying on Apple's letter do so to their own detriment and are strongly urged to review Apple's own developer agreements to determine the true extent of Apple's responsibilities to them.
Simultaneous to the blog posting, Lodsys says that is has sent a detailed legal response to Apple, which it has invited the company to publish in its entirety.

Finally, Lodsys has announced that will reimburse any developer improperly targeted by an infringement notice $1,000 for their troubles, suggesting that firm is confident in its standing and convinced that it will prevail.
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While it is true that Apple and Lodsys have an obvious dispute about the scope of Apple's license to the Lodsys Patents, we are willing to put our money where our mouth is and pay you something if we are wrong. Therefore, Lodsys offers to pay $1,000 to each entity to whom we have sent an infringement notice for infringement on the iOS platform, or that we send a notice to in the future, if it turns out that the scope of Apple's existing license rights apply to fully license you with respect to our claim relating to your App on Apple iOS.
Article Link: Lodsys Responds to Apple, Files Lawsuits Against App Developers
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Old May 31, 2011, 05:05 PM   #2
ChazUK
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Utter bastards.

I'm not a fan of this whole thing at all.
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Old May 31, 2011, 05:07 PM   #3
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Apple Ninja Lawyers deployed in 3....2...1...
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Old May 31, 2011, 05:07 PM   #4
ImNoSuperMan
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I hope these frigging trolls die!

(Feel free to go cry on your blog/site about people wising for you to die. YDI)
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Old May 31, 2011, 05:08 PM   #5
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Hopefully Apple will be able to work it out. As much as I don't like the iOS walled garden, I dislike the precedent of patent trolls stymieing creative development with frivolous lawsuits even more.
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Old May 31, 2011, 05:09 PM   #6
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I hope Apple, Google, and whoever else these trolls decide to sue destroy the **** out of Lodsys until they are bankrupt.
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Old May 31, 2011, 05:09 PM   #7
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I really don't like the idea of App Developers being sued in droves. I hope that Apple is correct in it's understanding of any agreements so that the developers won't have to worry.
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Old May 31, 2011, 05:11 PM   #8
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There's two ways to look at this.


a) Loadsys are actually write - developers should be responsible. If this is the case, Apple should have caught this and owe the developers their support to negotiate these licenses.

or

b) Loadsys are in fact wrong, and will be found to be so, the developers targetted get $1k (small peanuts compared to the stress I'm sure many are feeling in their positions) and again - Apple need to support the devs.
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Old May 31, 2011, 05:11 PM   #9
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Apple should sue the **** out of Lodsys.
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Old May 31, 2011, 05:12 PM   #10
Andronicus
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Lodsys response...

"Choo wanna go to war?! C'mon. Choo wanna go to war? We take you to war, ok?!"
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Old May 31, 2011, 05:12 PM   #11
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I hope Apple flattens these bastards.
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Old May 31, 2011, 05:12 PM   #12
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I hope Apple buries Lodsys in lawsuits of their own and bankrupts these jerks. I know they think that death threats are "so uncool", so I just wish they all contract severe illness and suffer terribly (without actually dying). These parasites do nothing to contribute to society because they don't create anything, they just try to leach off those that do truly create.
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Old May 31, 2011, 05:14 PM   #13
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Quote:
Originally Posted by inket View Post
Apple should sue the **** out of Lodsys.
Why bother? It'd be cheaper for Apple to just buy Lodsys outright.
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Old May 31, 2011, 05:14 PM   #14
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I thought they were scared of Apple's letter, and decided to bully Android instead?

Guess not.

I hope Apple defends their developers and Lodsys get what they are asking for... I hope Lodsys gets drained dry of their crap.

Patent troll.
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Old May 31, 2011, 05:15 PM   #15
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Quote:
Originally Posted by miles01110 View Post
Hopefully Apple will be able to work it out. As much as I don't like the iOS walled garden, I dislike the precedent of patent trolls stymieing creative development with frivolous lawsuits even more.
How are those two things even remotely related?
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Old May 31, 2011, 05:16 PM   #16
mtbgtr
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Lodsys doesn't expect to get the $$ from the developers.They want a big pay out from Apple, so they start by f'in off the developers to get Apple in the ring. I don't see any other reason to stir the giant.
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Old May 31, 2011, 05:16 PM   #17
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Lodsys is counting on Apple paying more money to cover developers because they know app devs cannot afford to get hit with every single patent lawsuit that this will surely open the door to.
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Old May 31, 2011, 05:18 PM   #18
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Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_2 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8H7 Safari/6533.18.5)

Apple (Lodsys) are suing Samsung (developers) over patent infringement.

You cheer for Apple yet want Lodsys dead.

Fanboy much?

Last edited by WiiDSmoker; May 31, 2011 at 05:20 PM.
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Old May 31, 2011, 05:18 PM   #19
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Quote:
Originally Posted by jayducharme View Post
Why bother? It'd be cheaper for Apple to just buy Lodsys outright.
That would indeed be the most costly move that Apple could ever make. Hordes of owners of useless patents will start suing developers in the hope of being bought by Apple.

Do you really think Apple should reward despicable behaviour like this?
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Old May 31, 2011, 05:19 PM   #20
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Quote:
Originally Posted by chrono1081 View Post
I hope Apple, Google, and whoever else these trolls decide to sue destroy the **** out of Lodsys until they are bankrupt.
Lodsys is forming a triumvirate by bringing Microsoft, Apple and Google against it. My guess is they're hoping to be paid off. I don't think Apple, Microsoft and Google should settle. I say Apple/MSFT/GOOGLE should drain them dry until Lodsys can no longer pay their lawyers.
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Old May 31, 2011, 05:20 PM   #21
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A thousand dollars is nothing when you need to hire lawyers.
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Old May 31, 2011, 05:20 PM   #22
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This seems like something so basic that Apple's lawyers should have asked when they were negotiating the deal: "This covers usage by our 3rd party developers, right?".

If Apple screwed up, they they did so big time. However Lodsys waiting until that service was used thousands of times by thousands of developers is total BS they knew the first week that version of iOS was released whether or not they felt they had a claim to make.

Instead they wait for it to get fully adopted and entrenched and then go after everyone? There should be some sort of statute of limitations on that kind of sleazy activity. Again, assuming Lodsys is in the right.
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Old May 31, 2011, 05:21 PM   #23
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Well, let's see how this works.
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Old May 31, 2011, 05:22 PM   #24
bozzykid
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Quote:
Originally Posted by inket View Post
Apple should sue the **** out of Lodsys.
It really wouldn't help the app developers though since an Apple lawsuit would be separate from any action Lodsys is taking against individual developers. The problem is most of these developers are not big entities and can't afford a legal battle.
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Old May 31, 2011, 05:23 PM   #25
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screw them, tell all DEVS to remove all in-app purchase's and not use it.
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