EFF Presses Apple To Indemnify Developers

Julie188 writes "The Electronic Frontier Foundation is calling on Apple to indemnify its developers from Lodsys — a patent troll that's alleging patent infringement on the in-app purchasing used by iOS apps. (That's the technology developed by Apple and forced on many of its developers.) The letters Lodsys has been sending out came to light on May 13th, and apparently developers have been asking Apple for help to no avail."

Comments

mocoNews article explains Apple's dilemma well

[FlorianMueller]

In this context I would like to strongly recommend this new mocoNews (paidContent.org) article entitled "Mobile Patent War On The Little Guy Demands Response From Apple". Tom Krazit explains very well what the business issues are, including that Apple itself sues over patents quite actively, especially against Android.

Re:mocoNews article explains Apple's dilemma well

[betterunixthanunix]

Except that that article addresses nonexistent issues. The EFF is not demanding that Apple indemnify developers against all patent lawsuits, but rather against lawsuits relating to technologies that Apple ships with iOS and which Apple requires developers to use as part of the developer agreement. Additionally, the article claims that doing this would grant legitimacy to the Lodsys patent; but Apple already granted them legitimacy by signing an agreement with Lodsys.

The real lesson here is for developers: don't let someone else dictate to you how you should write your software.

Re:mocoNews article explains Apple's dilemma well

[betterunixthanunix]

Really? Funny, when last I checked, I can write software using whatever programming language I want, and whatever technology is feasible, on my laptop. Nobody tells me what languages I am allowed to use or requires me to use their method of processing purchases. I can even run a different operating system with a completely different design in a virtual machine, if I feel that a different operating system would be better for developing my software.

So where is that dictation you were talking about?

Re:Tax laws

[larry bagina]

Apple does not withhold taxes in the US.

I filled out the US tax form. What will be my tax treaty withholding rate?

Apple does not withhold taxes from proceeds paid from sales on the U.S. Store. See the IRS website for more information about types of income subject to U.S. withholding tax and withholding rates under tax treaties.

Will Apple send a U.S. Tax Form 1099 for my sales?

No. Sales on the App Store are sales by you, the developer of copyrighted works, to end users. Therefore, Apple takes the position that payments made to you for these sales are payments for products or goods, which are specifically exempt from reporting on Form 1099 even though the payments may be taxable income to you.

You are responsible for determining your own tax obligations with respect to these payments. If you are uncertain of your tax obligations, we recommend that you consult with a tax professional.

You could argue that third party app developers are actually employees. You can also argue that wearing Nike shoes makes you a Nike employee.

Why is this patent not yet invalidated?

[kimvette]

This patent needs killed.

http://en.wikipedia.org/wiki/All_elements_test

It fails the obviousness test, and it also fails prior art. After all, the button is merely a hyperlink to an app purchase page, and that has been present in shareware and trialware applications for nearly two full decades, and that in itself is a very minor update over older shareware which displayed an ASCII order form which cvould be printed and mailed to the vendor to purchase the full version of the application.

This is not an invention deserving protection as patent law defines it, and this patent surely does not meet the Constitutional guideline:

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

because granting a government-enforced monopoly on prior art does not "promote the progress of Science and useful Arts" but hinders such progress.

I'd love to choke the hell out of the next wank who takes an old idea and files a patent for "$foo, on a $bar device" then sues all the little guys using that prior art. Unfortunately killing those who need killing is illegal these days. Progress is great and all, but isn't it nice sometimes to dream of frontier law making a comeback?

This is why China and everyone else is leaping ahead: American companies have long since forgotten the principle of long term investments and real engineering and science R&D but have instead decided to become bottom feeders and litigate rather than innovate, and pat themselves on the back for calling litigation innovation. Disgusting. I often wonder if I should go back to school and become an attorney so I can fight against the insanity of IP law.