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kiljoy616

macrumors 68000
Apr 17, 2008
1,795
0
USA
And now for a great chuckle after reading this part :rolleyes:

"Finally, Lodsys has announced that it will reimburse any developer improperly targeted by an infringement notice $1,000 for their troubles,"

$1000 muhahahaha, oh my like that real money any more :mad:

That would just be the retaining fee for an attorney for the first week.
 

Blu Reel

macrumors regular
May 31, 2011
108
53
Southern California
This is true, although it isn't quite as easy as preventing these companies from existing. There are also valid companies where their goal is to help the small guy get their patent searched, filed, and find a suitable company who can fully develop the idea. In this case, the company helping the little guy is doing the same thing (making money off licensing/buying/selling patents), but with potentially more responsibility. Do we want to disrupt that part of the market as well?

Unfortunately, the timescales of patents today doesn't quite keep up with the scale of development, which means patents can cause trouble quite a ways down the road more than they did in say, 1880. That's one reason why companies like Lodsys can exist. I'd say if you want to attack this sort of patent troll, you want to shorten the length of patents and erode their ability to profit off the older, cheaper patents.

I don't imagine this to be an easy fix at all. I am just trying to simplify what I would like to see happen as an end result if the overall patent problems are ever addressed and dealt with.

Thank you for your added insight, though :)
 

kiljoy616

macrumors 68000
Apr 17, 2008
1,795
0
USA
Apple Ninja Lawyers deployed in 3....2...1...

Ninja please this is full Shock and Awe. :D

And forget about the Patent system been fix, I predict this is going to get even worse in the coming years, ah humans so simple to understand.
 

Vertigo50

macrumors 65816
Apr 11, 2007
1,200
132
The smart thing for Lodsys would have been to back down while they still had the chance. Steve is going to take this personally, and they will be obliterated.
 

bmustaf

macrumors 6502a
Jul 6, 2007
599
1,166
Telluride, CO
Feels a lot more like posturing than a real, legitimate offer that is "putting their money where their mouth is".

If they lose, what recourse do individual devs have to collect on that $1000? I'd love to see the paperwork that promises this $1000 and in the case Lodsys loses, the devs' $1000/each is about the *last* thing payable if Lodsys becomes financially insolvent (read: attorneys and preffered shareholders will end up with some percentage of funds owed them long before any devs ever get the chance to see a cent).

It's a zero-risk bargain for them to make this offer that makes them look like they're serious or they have a serious claim. Perhaps they do, but really, this just smells like a stunt.

[url=http://cdn.macrumors.com/im/macrumorsthreadlogodarkd.png]Image[/url]


Image


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.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.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.

Article Link: Lodsys Responds to Apple, Files Lawsuits Against App Developers
 

Analog Kid

macrumors G3
Mar 4, 2003
8,868
11,410
$1000 doesn't show confidence, it actually shows quite the opposite.

"We'll reimburse you $100,000 for your troubles" shows you're the gambling type. "We'll reimburse you $1 million" shows confidence.

Anything less than that is just for show, but low enough that they don't risk fighting lawyers willing to work on contingency...
 

oracle_ab

macrumors newbie
Jul 23, 2008
27
0
How can one license tech to another knowing it's going to go into the other's API for others to use, but not place detailed specifications in said license agreement? Poor Lodsys; they're really messed up.
 

mrdlcastle

macrumors newbie
Oct 27, 2003
1
0
Developers UNITE!

First thing I would suggest to all developers is the following:

DO NOT PAY LODSYS A DIME UNTIL THE VERDICT MANDATES!

This is a tactic to frighten those who don't have access to the Apple Ninja Lawyers to get money off of them.

Best thing to do is to not pay until forced by the court. If they had a case they wouldn't have so quickly changed tactics and kept their focus only on suing Apple. Since they know they will not win, any contract that they write will have a clause in it that will keep it standing no matter what verdict is reached.

Strength in NUMBERS! Stay strong developers! :apple:

https://www.macrumors.com/2011/05/31/lodsys-responds-to-apple-files-lawsuits-against-app-developers/
 

ehoui

macrumors regular
Jan 27, 2011
217
0
$1000 doesn't show confidence, it actually shows quite the opposite.

"We'll reimburse you $100,000 for your troubles" shows you're the gambling type. "We'll reimburse you $1 million" shows confidence.

Anything less than that is just for show, but low enough that they don't risk fighting lawyers willing to work on contingency...

I agree. If they sued 7 developers, then their downside is $7k. This is merely to show they are being "reasonable" and the negative press is unwarranted. Frankly, why do they care if they are a patent troll - that's what is odd. Maybe they are hoping this goes to trial and these actions could sway a jury?
 

hayesk

macrumors 65816
May 20, 2003
1,460
101
Why bother? It'd be cheaper for Apple to just buy Lodsys outright.

Two things wrong with that:
1. Lodsys then gets rich from Apple's buyout.
2. All the other patent trolls do just what Lodsys did in hopes of an Apple buyout.
 

cmaier

Suspended
Jul 25, 2007
25,405
33,471
California
I agree. If they sued 7 developers, then their downside is $7k. This is merely to show they are being "reasonable" and the negative press is unwarranted. Frankly, why do they care if they are a patent troll - that's what is odd. Maybe they are hoping this goes to trial and these actions could sway a jury?

$1000 is about 2 hours worth of patent attorney time. It's nothing.
 

dejo

Moderator emeritus
Sep 2, 2004
15,982
452
The Centennial State
If they had a case they wouldn't have so quickly changed tactics and kept their focus only on suing Apple.
This is the single part of your post I disagree with: Lodsys' focus has never been to sue Apple, especially in an "only" fashion. They have been pretty consistent in going after the App Makers. Why would they sue Apple when Apple is already licensed for this patent?
 

Wulven

macrumors newbie
May 31, 2011
1
0
This is Kyle Poole from Wulven Game Studios. Like hundreds if not thousands of Apps, we use In-App payments for our TCG Shadow Era, which Touch Arcade hailed as "A fantastic representation of what freemium games should be.".

I wanted to thank Lodsys for suing us. You can't buy awesome publicity like this. I await the massive increase in Shadow Era players! :cool:
 

chrono1081

macrumors G3
Jan 26, 2008
8,456
4,160
Isla Nublar
Pays 1000 if it turns out they were wrong to sue? they must be very confident...

I think its a front. If they were so confident then why did they push the court dates up?

I don't think Apple is wrong about this, because if they are then Google would be wrong also as Android devs started getting letters. Two technological giants with teams of lawyers most likely know what they are doing more then Lodsys.
 

Intruder

macrumors newbie
May 11, 2005
5
0
St-Hubert (Qc), Canada
Interesting...

Well well...

Here we go again... I though that threatening Apple letter had put them to be quiet in the corner, but it seems they weren't.

Ok, I know some people doesn't like conspiracy theory, but they are something that might be fishy about the whole thing.

According to FOSS Blog today : http://fosspatents.blogspot.com/2011/05/lodsys-sues-7-app-developers-in-eastern.html

One of the firms of lawyers used for the suing is from Seattle, where the previous owner of the pater are (Intellectual Ventures). And we all know which company have office around there... Maybe Lodsys is just being used as a proxy for another company that want to make trouble to their enemies/competitors.
 

Porco

macrumors 68040
Mar 28, 2005
3,315
6,909
Am I the only one who can't stop thinking of a certain lyric from Bill Bailey's classic: Beautiful Ladies (In Honour Of Chris De Burgh)?
 

Gemütlichkeit

macrumors 65816
Nov 17, 2010
1,276
0
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?

Amazing comparison bud.
 

waldobushman

macrumors regular
Mar 3, 2011
110
0
Apple Next Steps

Apple will file for TRO (Temporary Restraining Order) to prevent Lodsys from issuing other lawsuits. Likely will do so to establish a legal forum and consolidate the cases.

Comments that Jobs will take this personally -- hope not. Apple has been all business when going after companies like Lodsys.

$1000 offer? Lodsys likely doesn't have the cash to pay off, so worthless offer.
 

NAG

macrumors 68030
Aug 6, 2003
2,821
0
/usr/local/apps/nag
One of the firms of lawyers used for the suing is from Seattle, where the previous owner of the pater are (Intellectual Ventures). And we all know which company have office around there... Maybe Lodsys is just being used as a proxy for another company that want to make trouble to their enemies/competitors.

You implying this has something to do with another Seattle area tech company that has been known to fund such proxy legal battles before? I'm skeptical that they'd play that trick again because if they are found out (and they would be just like before) they would seriously piss off developers. It seems way too risky for any of the main players to be doing this. Like juggling hand grenades.
 

intlplby

macrumors member
Jul 14, 2004
70
0
Honestly, I'm surprised that everyone is focused on the players in this drama (Apple, Lodsys and the third-party developers) than on the bigger issue of raising awareness for patent reform.

This is an **ideal** case for arguing against software patents. Everyone involved and impacted by this should be raising this issue with their congressman or women.

This is easily the best case I recall ever seeing that can be useful to argue against patents.

Almost always patent cases are A vs B. A/B cases are not good for illustrating that patents stifle innovation. Rarely do we see a case where it is A vs B-to-Z. This cases really illustrates the innovation-stifling nature of software patents and everyone involved should be raising hell over it.
 
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