Josh Ong
EFF staff attorney Julie Samuels published a blog post on Friday expressing concern over "Apple's failure to defend" third-party iOS developers who received letters from Lodsys last week accusing them of infringing on a patent that covers in-app purchasing functionality. In the letters, Lodsys ">demanded that developers license the technology in question within 21 days or face possible legal action.
"We've been waiting expectantly for Apple to step up and protect the app developers accused of patent infringement solely for using a technology that Apple required they use in order to sell their apps in Apple's App Store," Samuels wrote.
After many accused the company of being a 'patent troll,' Lodsys defended its actions by noting that Apple had licensed its technology, adding that Apple's license doesn't cover third-party developers. Google and Microsoft have also licensed technology from the company.
Lodsys seeks 0.575 percent of U.S. revenue from the period of the notice letter to the expiration of the patent, plus applicable usage. Developers are accused of violating U.S. Patent No. 7222078, entitled "Methods and Systems for Gathering Information from Units of a Commodity Across a Network."
However, EFF argues that, since Apple both provides and requires the use of the functionality in iOS, it should defend the developers in question, many of whom "lack the resources" for a legal confrontation. According to Samuels, the problem is a "misallocation of burden" because developers should not be required to investigate whether technologies Apple provides infringe on preexisting patents.
"Instead, they would expect (with good reason) that Apple wouldn't provide technologies in its App Store that open its developers up to liability – and/or would at least agree to defend them when a troll like Lodsys comes along," Samuels wrote. "We hope that going forward companies like Apple will do what's right and stand up for their developers and help teach the patent trolls a lesson."
Earlier this week, reports emerged that Apple is reportedly "actively investigating" Lodsys' claims, though it has not committed to defending the developers accused of infringement.
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Andrew Orr
Malcolm Owen
William Gallagher
Chip Loder
Marko Zivkovic
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38 Comments
If Apple does get involved, it won't be for a while. They are too deliberate to just jump in willy-nilly or because of public opinion.
Yeah, like Apple's going to do anything because the EFF tells them they should?
EFF are attention whores in this matter; they can't realistically expect Apple to do anything they say given that they are usually on the other side of issues with respect to Apple.
Unfortunately, the EFF is usually on the right side. This matter included. When Apple offers in application purchasing to both its customers and developers, those customers and developers rightfully assume they are protected when utilizing those services. By the same token this patent troll is going after iOS developers, it could also go after people making in application purchases.
The only time I can think the EFF has actively been against Apple is when it argued to the Library of Congress jail breaking and unlocking one's own phone should be legal. As a happy T-Mobile iPhone using customer, I am certainly happy an organization like the EFF exists.
Further, I am uncertain why the EFF should be considered a media whore in this insistence. One of it's staff attorneys merely posted her opinion on the EFF's blog. It didn't contact any media outlets.
Yeah, like Apple's going to do anything because the EFF tells them they should?
EFF are attention whores in this matter; they can't realistically expect Apple to do anything they say given that they are usually on the other side of issues with respect to Apple.
If Apple does get involved, it won't be for a while. They are too deliberate to just jump in willy-nilly or because of public opinion.
They'll wait until they have an appropriate response to the developers and the lawyers, but they are forced to make a move because of public opinion. This can greatly affect the appeal of the developer program, something that Apple would not want tarnished because it is very valuable to them and iOS.
Unfortunately, the EFF is usually on the right side.
Let's just say that we disagree on this point.