Bonum Certa Men Certa

Lodsys Shows That Apple Does Not Care About Developers

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.

Recent Techrights' Posts

IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
 
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026