EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

05.23.11

Lodsys Shows That Apple Does Not Care About Developers

Posted in Apple, GNU/Linux, Google, Patents at 8:35 pm by Dr. Roy Schestowitz

Co-authored with G. Forbes

Summary: Apple is under fire for apathy in the face of patent trolls it fed; discussion on how the Lodsys case and cases of its kind affect Linux

THE VERY real problems with software patents are being clearly illustrated in the headlines recently. This is a result of the news that there are hypePhone application developers being sued without Apple defending them.

This is a good opportunity to remind all developers that Apple is not their friend, regardless of whatever marketing hype they generate to the contrary.

There has been and continues to be an enormous amount of coverage of this story. [1, 2, 3, 4]. This is perhaps due to the fact that Apple’s involvement is explicitly mentioned. Muktware, as always, does a good job with its coverage, putting the case into a clear context.

The patent troll, in response, has been trying to explain its actions. The EFF, which is involved in an ongoing patent-busting project, has suggested that Apple should get involved in the case (article here) rather than help make patent trolls stronger by sitting in the sidelines. Many developers are having similar feelings, and have decided to call for boycotts:

Mike Lee, a Mac developer and former iOS developer with major contributions to Tap Tap Revenge, Obama ’08 and Apple’s own retail application, has suggested a radical way to fight back against the patent firms targeting mobile application developers with claims of infringement. It’s time for an API boycott, he says.

Lee calls the current patent trolling, where firms such as Lodsys and others are threatening to sue developers who don’t license patents for technology developments like in-app purchasing buttons and the use of forms, an “untenable situation” for developers. “There is no move we can make that will result in our ultimate survival. Either we pay Lodsys and usher in a new era of extortion, or we refuse to pay and are sued out of business.”

Here is a corresponding letter to Steve Jobs. We have covered the Lodsys case before [1, 2, 3]. While this may seem to be a case of one bad party , Apple has in fact funded some of these same patent troublemakers. As a result, Apple has helped to enable the trouble that has arisen, and it deserves a lot of flack here. Developers are complaining to Apple, even through the bug reporting system, e.g. “Filed bug report #9460324 on in-app purchase. Apple needs to do something about these patent-waving clowns.”

This case does have relevance to Linux as well. An Android app died in similar circumstances due to software patents and Shazam engaged in equally bad behaviour although it had no case. With similar and very public attacks now being made against iOS app developers, it should be clear by now that software patent abuse is a global issue. It is one that needs to be addressed urgently.

The founder and owner of the patent troll Igoe Intellectual Property, LLC. has now written about this case several times [1, 2, 3], as have other patenting apologists.

As correctly pointed out at Macworld, it is not only developers who should care about this situation. Almost everyone except patent lawyers will be harmed as a result of this non-productive behaviour. Wealth and power is being passed into the hands of a few, non-producing parasites. Their actions are antithetical to the original purpose of patents and the whole concept of a competitive and healthy economy.

Some lawyers appear to be defecting from their usual party lines as “Software patents become ever more ludicrous,” notes The Guardian. Apple might have to change its mind about patents as well if it continues to go under patent fire more often than at present. As we noted earlier, Apple is currently buying more patents while applying for many more. Meanwhile, GNU/Linux developers are actually writing and contributing code; they are engaged in true innovation.

On this subject, it is too hard to forget Apple’s relationship with Intellectual Ventures or IV for short (it received backing from Apple), which is essentially a player in the anti-Linux/FOSS cartel. The patents involved in cases like this sometimes come from IV. One must also remember that Apple is on Microsoft’s side when it comes to patent hoarding. As a result, Apple will probably just continue to duck when faced with lawsuits like this one:

Another patent-owning company has targeted app developers on both Apple and Android platforms, intensifying concerns among developers that smartphones are the new hunting ground for so-called “patent trolls”.

Yes, Android is affected too. This is not the first time that IV et al. has surfaced in Linux/Android extortion.

On yet another Apple-software-patent issue, Ellison and Jobs have a special relationship as we have mentioned before. There is reason to suspect that it played a role in the Java lawsuit that Groklaw under Webbink continues keep abreast of. To quote the latest postings:

In the two most recent filings in Oracle v. Google we get a glimpse into the contentious nature of this proceeding, with neither side willing to budge a great deal. This shouldn’t be overly surprising considering that we have two of the heavyweights of the information technology industry slugging at each other.

Webbink has also been writing about other Microsoft patent trolls, such as Traul Allen:

Since Groklaw last visited Paul Allen’s patent attack on Google and the World, the court has agreed to sever the omnibus complaint into eleven separate ones 229 [PDF]. There is really no great surprise here. The nature of the asserted infringements in the first amended complaint were so unrelated to each other that the court had little choice but to sever.

Allen and IV are not the only Microsoft-tied entities that attack Android. Microsoft does this directly against B&N and Motorola, while Apple extorts HTC and Samsung using injunctions.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. The EFF Back to Tackling Software Patents, Not Just Patent Trolls

    Electronic Frontier Foundation lawyers start targeting large companies that exploit patents for intimidation and extortion, not just patent trolling



  2. Microsoft Wants to Devour the Competition (Linux), Devour People's Data

    Refuting the "new Microsoft" propaganda and some ludicrous concept that Microsoft is now "playing nice"



  3. Benoît Battistelli Thinks 'President' is Above the Law, Decides to Ignore the Court's Ruling

    Staff of the EPO is given yet more reasons to protest tomorrow at the British Consulate, for the so-called 'President' of the EPO reminds everyone of the very raison d'être for the protest -- a vain disregard for the rule of law



  4. Links 24/2/2015: Xfce 4.12 a Week Away, GNOME 3.16 Previewed

    Links for the day



  5. Links 23/2/2015: Ubuntu Kylin 14.04.2 LTS, Cinnamon 2.6 Previews

    Links for the day



  6. IRC Proceedings: February 8th - February 21st, 2015





  7. The EPO's Sham 'Internal Investigation' of EPO Vice-President Željko Topić's Affairs

    The EPO never investigated the Željko Topić affair, it only pretends to have investigated (one small aspect, i.e. cherry-picking) using a Benoît Battistelli-controlled group



  8. Links 21/2/2015: GNOME 3.15.90, Google Wins Android Lawsuit

    Links for the day



  9. Microsoft AstroTurfing War on GNU/Linux is Still Going On, But Hidden Better, Uses API as Instrument of Lock-in

    The corruptible press continues to describe blatant attacks (Embrace, Extend, Extinguish) against GNU/Linux and Free software as Microsoft 'embracing' Open Source



  10. Lenovo's Superfish Scandal is Spyware on Top of Spyware (Microsoft Windows), the Problem is Inherently Proprietary Software

    Shifting focus to the root problem, which is neither Lenovo nor its laptops but the non-free programs installed on hardware



  11. Benoît Battistelli Once Again Threatens EPO Staff That 'Dares' to Protest, Battistelli Exploits Terror Attacks to Pretend to Respect Free Speech

    The European Patent Office (EPO) President, Benoît Battistelli, reportedly started threatening -- as before -- staff that decides to exercise the right to assemble and protest against abuses, including the abuses of President Battistelli himself



  12. Links 20/2/2015: Android Studio v1.1, GDB 7.9

    Links for the day



  13. Links 20/2/2015: Bloomberg Joins Linux Foundation, ClearOS Community 6.6.0

    Links for the day



  14. The Chartered Institute of Patent Attorneys Slams the European Patent Office for Structural Failings

    An important letter which we overlooked while writing yesterday's 4 articles about the European Patent Office (EPO); yet another key stakeholder complains



  15. Links 19/2/2015: Hewlett-Packard on Cumulus Linux, Previews of GNOME 3.16 Beta

    Links for the day



  16. Techrights Under Attack Again, Shortly After Important EPO Articles

    Techrights highlights a pattern that is months old; Site faces availability issues shortly after reports about the European Patent Office and its abuses



  17. EPO Staff Protests Against Benoît Battistelli’s Lowering of Patents Quality (Scope Expansion and Software Patents for Profit)

    A protest in Munich in less than 6 days will target Mr. Sean Dennehey, who has helped Battistelli cover up his abuses and crush legitimate critics, whom he deemed illegal opposition as if the EPO is an authoritarian regime as opposed to a public service which taxpayers are reluctantly (but forcibly) funding



  18. Breaking: European Patent Office Sued by Its Own Staff in The Hague, Must Unblock Staff's Voices

    The crooked management of the European Patent Office (EPO) gets in legal trouble after repeated attempts to cover up abuses and suppress criticism



  19. Željko Topić's History in SIPO Leaves a Legacy of Alleged DZIV Vehicles (Bribes), Authorship Abuses, and Intimidation Against Reporters

    Another deep look at Željko Topić's background in Croatia, preceding his very notorious appointment to the EPO where he now serves as Benoît Battistelli's most controversial attack dog



  20. The Old Obsession With Patent Trolls Continues to Distract From Debate About Software Patenting

    A roundup of recent coverage about monopolies on algorithms in the United States



  21. Links 19/2/2015: 64-bit ARM Linux, Chinese New Year

    Links for the day



  22. Links 18/2/2015: Linux Report, FlightGear 3.4

    Links for the day



  23. EPO Scandals: The Story So Far

    An overview of articles about mischief, misconduct and breach of laws at the EPO



  24. Links 17/2/2015: TripleO, Pivotal

    Links for the day



  25. Links 17/2/2015: SystemD 219, Frugalware 2.0 (Rigel) Released

    Links for the day



  26. Željko Peratović Slammed for Whitewashing Željko Topić After Publishing Important Piece on Behalf of Key Sources

    Response from Ivan Kabalin to Zeljko Peratovic's so-called "apology" which is both mysterious and seemingly inadequate as it does nothing to actually explain what was wrong (if anything)



  27. Benoît Battistelli Has Made Oversight of European Patent Office Absolutely Impossible





  28. Microsoft Already Killed Nokia, Don't Let It Kill Android Players Too

    Microsoft's strategy against Android mirrors the company's evil strategy that derailed MeeGo and Nokia



  29. Intel Continues to Attack Software Freedom Through UEFI

    The Trojan horse that Microsoft uses to cement its monopoly on desktops and laptops (making it hard or impossible to install and run GNU/Linux) is also being misused to block Coreboot



  30. Links 16/2/2015: Netrunner 15, Bridge Linux

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts