Apple to Lodsys: Only we know how our technology works
Summary: Apple insists that it is allowed to intervene in the ongoing Lodsys vs. developers legal battle.
In the latest installment in the Lodsys vs. developers saga, Apple insists that it allowed to intervene on the part of the sued developers because it is the only party that knows how everything works.
Background:
- Developers hit by legal threats over iOS in-app purchasing upgrades
- What Lodsys wants from iOS developers ... money
- Apple: Devs already licenced for Lodsys patents
- Lodsys just went nuclear on iOS app devs
- Lodsys vs Angry Birds
In this latest legal salvo, Apple attacks Lodsys's previous opposition brief, making a number of points which are excellently summarized by Florian Mueller over on the FOSS Patents blog.
However, one of the arguments made by Apple is very interesting. In response to Lodsys's claim that there was no need for Apple to enter the legal fray because some of the latest defendants - such as EA Games and Rovio - had the financial capacity to defend themselves, Apple gracefully bypasses this argument and points out how 'none of the defendants have the technical information, expertise, and knowledge regarding how Apple's technology works or the negotiation and intent of the License itself to fully articulate and develop Apple's exhaustion defense.'
The news that Apple still wants to intervene, even after Lodsys's rebuff attempt, will be welcome news to small developers looking for assistance in dealing with this patent troll.
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Talkback
RE: Apple to Lodsys: Only we know how our technology works
RE: Apple to Lodsys: Only we know how our technology works
RE: Apple to Lodsys: Only we know how our technology works
RE: Apple to Lodsys: Only we know how our technology works
Exactly. He's not a lawyer, he's not a programmer. He's just some random shill. I think the foreign sounding name for some reason gets US writers to not go looking for him. "Oh he's German, he must be legit, cause Germans love opensource."
When you actually look into who he is, what he does, there's not much information. There's no evidence he's ever worked on a FOSS project, he's not a lawyer, and he's clearly not a programmer. What area of expertise does the guy have? None really.
RE: Apple to Lodsys: Only we know how our technology works
RE: Apple to Lodsys: Only we know how our technology works
Why in the ZDNet poster world is every single other individual a paid "shill" for sinister forces? And I'm broke - where can I get on this paid shill payroll? Who do I need to shill around here? ;-)
RE: Apple to Lodsys: Only we know how our technology works
So , he is basically the same as Rush Limbaugh, but for tech patents?
RE: Apple to Lodsys: Only we know how our technology works
I mean really, at least Pam Jones of Groklaw is a Paralegal so she has some legal background.
fsfd
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RE: Apple to Lodsys: Only we know how our technology works
RE: Apple to Lodsys: Only we know how our technology works
Because that doesn't put an end to "the situation." That only puts an end to Lodsys. Remember that movie, the Gremlins? Well, paying off Lodsys would be like pouring water on a gremlin.
RE: Apple to Lodsys: Only we know how our technology works
RE: Apple to Lodsys: Only we know how our technology works
RE: Apple to Lodsys: Only we know how our technology works
RE: Apple to Lodsys: Only we know how our technology works
RE: Apple to Lodsys: Only we know how our technology works
RE: Apple to Lodsys: Only we know how our technology works
1) It will be against their own interest
2) Already signed an NDA with forbid them to discuss the technical information, even they DO know about it.
Did I read this correctly?
Is Apple suggesting that none of the app developers understand the license they agreed to with Apple? That's quite a shocking admission that Apple's legalese is so confusing that no mortal person could understand the intent of the license.
RE: Apple to Lodsys: Only we know how our technology works
No. Apple signed a license for this technology with the inventor, prior to the sale of the patent to Lodsys. Apple is arguing that the license with the original inventor -- which Apple's developers have not seen -- "exhausts" the patent, meaning that no more fees can be extracted from Apple or its licensees for use of this technology.
RE: Apple to Lodsys: Only we know how our technology works
They need to change the way software patents are approved, if they are to be allowed at all. A patent that would normally be assigned should be presented to the public for review for things like prior art. A committee from a pool of programmers (who are checked out to be sure they have no bias) should be consulted for things as
to whether or not something might be considered obvious.
Ex: There is a patent suit against apple going on over the "fast boot". A feature I thought about myself over 20 years ago because of my impatience with how slow the computers I was working with at the time were. Actually, my idea was more along the lines of keeping the entire OS in a rom with some persistent memory used for certain things that would change. The OS was much smaller back then, but the overall concept of having it available is "obvious" and I'm sure searching the newsgroups or magazines of that era will lead to posts and discussions along these lines.