http://www.macrumors.com/2011/05/13/lodsys-threatens-to-sue-app-store...

...Could become relevant for Android, too.

On 5/13/2011 3:25 PM, Ralf Schneider wrote:

Yes, it's worrisome -- I for one will be shipping iPhone/iPad versions
of my game as well as an Android version, so it doesn't even need to be
hypothetical for me. Hopefully Apple will step up and defend the indies
being sued.

Given that Apple demands a cut in on any app-related revenue, I expect
they will, unless Lodsys has already arranged for them to get a cut of
the proceeds. ;)

Tim

Here's more - it's still speculation.

http://www.appleinsider.com/articles/11/05/18/ios_apps_with_in_app_pu...

There is further news today on this issue.
http://financialbin.com/2011/05/24/apple-hits-back-at-lodsys-over-app...

To an extent this will apply to developers publishing Apps on Android
Market, since the developer is the actual merchant(seller) to the consumer.

Quote from this
post<http://www.guardian.co.uk/technology/appsblog/2011/may/16/patent-comp...>
:

*"In a **series of blog posts* <http://www.lodsys.com/blog.html>*, the
company notes that Google and Microsoft have taken out licences, but notes
that "so far no one has asked" whether apps written on those platforms might
be liable for licence fees."*

Could anyone confirm if Android Market developers are indeed protected by
use of the AM 'in-app' billing implementation?  Similarly, the same question
should be asked to any other 3rd party 'in-app' billing service provider
that a developer is implementing.  This has put us at a 'stand-still' at
SlideME implementing 'in-app' billing for developers to implement with
SlideLock <http://slideme.org/slidelock>.

This is a very important case and all developers must key an eye out how it
all unfolds.

George

http://twitter.com/slideme

One thing that's missing from the series of blog posts is that it's a US patent so in most of the world is completely unenforceable.

The only thing I'm watching is for when Google, Microsoft, etc. decide to step out of the farcical US patent system and move operations to Europe :).

Al.

--
T: @alsutton W: www.funkyandroid.com

The views expressed in this email are those of the author and not necessarily those of Funky Android Limited, it's associates, or it's subsidiaries.

On 25 May 2011, at 18:33, George | SlideME wrote:

Apple not only said that iPhone app developers were not liable, they
also pointed out that:

1. ALL the relevant technology in the in-app payment stack is written
and owned by Apple; the LodSys screen shots used to "prove" infringement
are of the AppStore, for example.
2. The patents DON'T EVEN APPLY to in-app payment technology.

Given both of the above, LodSys appears to be the worst kind of patent
troll: They're attempting to double-dip, AND they're attempting to apply
a patent to technology that doesn't even use the "invention." It's no
wonder they're receiving hate mail about it.

That supposed invention, by the way, seems to cover the use of a survey
in the application to gather input from the user as to how the
application can be improved. It's very long and convoluted, but it
doesn't talk about payments, for instance, at all. So it's a terrible
stretch, IMO, to think that it can apply to in-app purchases. But juries
can be composed of idiots, so you never know.

IANAL; if you really care, ask a lawyer.

Tim

On 5/25/2011 11:33 AM, George | SlideME wrote: