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UK Developers Quit US App Store Over Patent Fears

iamflimflam1 writes "The Guardian is running a story on how app developers in the UK are withdrawing from the U.S. app store over patent fears. 'The growth of patent lawsuits over apps raises serious issues for all the emerging smartphone platforms, because none of the principal companies involved — Apple, Google or Microsoft — can guarantee to protect developers from them. Even when the mobile OS developer has signed a patent licence — as Apple has with at least one company currently pursuing patent lawsuits — it is not clear that it has any legal standing to defend developers.' This follows a blog post from the iconfactory about the death of independent developers. Have the big corporations really won? What is the future for small teams and one-man-band developers?"

22 of 192 comments (clear)

  1. It has to get worse before it gets better by Flipao · · Score: 4, Insightful

    The way things are, this is as good a start as any.

    1. Re:It has to get worse before it gets better by mrops · · Score: 3, Insightful

      I would have given this +1 Insightful however don't have mod points.

      It really needs to get really bad before people start realizing how patents are hurting economy and innovation, to a point where there vote on such matters count.

    2. Re:It has to get worse before it gets better by Mindcontrolled · · Score: 5, Insightful

      This is not a fault of patents per se. This is a fault of the US litigation system. Unregulated lawyer fees, which I agree are ridiculous, the possibility of forum shopping, so everyone ends up in Bumfuck, TX for their patent cases, non-technical judges that have no clue about the engineering aspects of a patent, jury trials, just to make sure that the deciding body has no clue about the matter at hand, and ridiculously overblown damages. The US patent system differs from the European one, but not so much as to hurt. What hurts is the difference in litigation. Over here in Europe I have seen small inventors going after global corporation over their patents - successful and on a budget. I have seen patent cases to the highest national court for a total cost in the low five figures. That won't kill a small business. Pushing the litigation costs before damages in the millions - that kills the small guys. Regulate your lawyers, guys.

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      Ubi solitudinem faciunt, pacem appellant.
  2. Irony by gilesjuk · · Score: 4, Insightful

    The irony that the US market is supposedly most free in the world yet patents are screwing it up.

    Surely more jobs and growth are being stifled by them than saved by them?

    1. Re:Irony by elashish14 · · Score: 4, Insightful

      The irony that the US market is supposedly most free in the world yet patents are screwing it up.

      In America, freedom means 'freedom from government intervention.' What the translates to is slavery to private interests.

      If I were given the choice, I'd much rather be subject to government control rather than private interests, seeing as I would have at least some voice against the government...

      Surely more jobs and growth are being stifled by them than saved by them?

      Both of these statements are true. Small businesses are muscled out and replaced with a cubicle in a large corporate tower. But a corporation can never do wrong in America, even if they spill oil all over the Gulf of Mexico, so people run to them anyways.

      --
      I have left slashdot and am now on Soylent News. FUCK YOU DICE.
    2. Re:Irony by jo_ham · · Score: 4, Insightful

      BP is at least as American as it is British - the current BP was formed by the merger of two large corporations, one British the other American.

      Also, nice racism there. Because no one but America can make something that won't fail and cause massive pollution... oh wait.

    3. Re:Irony by twem2 · · Score: 3, Insightful

      Except patents are a government creation. The corporate world rests upon government intervention upon their behalf.

    4. Re:Irony by rsilvergun · · Score: 4, Insightful

      You only have those choices because the government broke up their monopolies. Ever hear the song Sixteen Tons? I sold my soul to the company store.

      And we're mostly paying for wars to keep corporations happy. Meanwhile welfare makes up a small amount of money spent. But hey, don't let reality get in the way of a good right wing rant. Are you an astroturfer?

      --
      Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  3. Prohibition of the brain by belgianguy · · Score: 3, Insightful

    Poor developers, putting effort, time and money in creating something original and functional, only to get sued by some bigcorp lawyer shmuck which informs you that they own the rights on the product you just made. They'll kindly ask you to cease and desist before they unleash lawyer hell on you and sue you right into the poorhouse.

    If you want to make it in IT these days, you should become a lawyer, not a software developer.

    1. Re:Prohibition of the brain by russotto · · Score: 4, Insightful

      Why does this only seem to be an issue with mobile platforms

      Because it turns out that if you add the limiting clause "on a mobile computing device", everything old becomes new again.

  4. US nowadays by cjcela · · Score: 4, Insightful

    Greed for power and money is crippling the US. Hope we realize how to stop this before we become a 3rd rank nation. Software patents, corrupted politicians, shortsighted MBAs, unscrupulous lawyers ... all of them are contributing to a quick degrade of business ethical values and to the loss of opportunities of the common man for the benefit of few. Sad state of affairs.

    1. Re:US nowadays by Anonymous Coward · · Score: 3, Insightful

      The problem in the US is cultural. Everyone equates "prosperity", "progress" and "value" with "making more money". Therefore, it's not surprising that finance has become the central concern in business and indeed everyday life - enter the billions of MBA's to try to squeze every last penny out of every effort, the hordes of lawyers to defend those pennies, and the corrupt politicians to facilitate it all at the highest level.

      It used to be that the central concern in business was how much value your proposition brought, and that the expectation was that more value would equate to higher financial benefit. Although money was certainly part of the thinking, it was by no means the central point in the proposition.

      That's the fundamental change the american mind must undergo: it's not about how much you have, but how much *value* you provide (or, rather, how big your "(potential?) contribution to society" is). In essence, that's the true measure of how "great" (or not) a person or company is.

      BTW: I heard not too long ago that in underdeveloped nations, the single largest slice of college graduates were from law school (a significantly larger slice than the 2nd place profession) - and that that fact could be taken as an indicator to determine a nation's development status. Would be interesting to see where that is in the US...

      Cheers.

  5. Re:Why are app stores their only option? by Sique · · Score: 5, Insightful

    Thats as silly as it gets. If you were right, it would be immoral to build a house for shelter, just because someone else already had the idea to build a house. It would be illegal to make a cheese&bacon-sandwich just because someone else already made one. It's completely ok to build the umpteenth clone of Crush the Castle or Galaga, even if someone else already made one. You just shouldn't claim to be a creative game designer. And so I will my enjoy cheese&bacon-sandwich and continue to live in my house, well aware to be not the first one to ever do so.

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    .sig: Sique *sigh*
  6. Who the hell is Simon Maddox? by Anonymous Coward · · Score: 0, Insightful

    Who the hell is Simon Maddox? What is he supposed to be known for doing? Why should I take what he has to say seriously?

  7. Re:This tweet (FTFA) shows how screwed up it is. by h4rr4r · · Score: 3, Insightful

    I agree, give me half a penny for every dollar you make. For insurance of course. It would be a shame if something happened to all that nice stuff you have.

  8. US is gonna die by Anonymous Coward · · Score: 2, Insightful

    can't wait to see it default on its trillions.

    fat ass american dipshits will get a rude shock.

    software patents are just one small symptom of your sick and twisted society

  9. the problem with extortion by Lead+Butthead · · Score: 3, Insightful

    is that it never ends. it's 1/2% now, it will soon become 1%, then 2%, then 5%... and so on.

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    ELOI, ELOI, LAMA SABACHTHANI!?
  10. Re:This tweet (FTFA) shows how screwed up it is. by Anonymous Coward · · Score: 3, Insightful

    The patent system doesn't involve itself with seeing if you used someone else's idea, just with who came up with it first. The distinction is important: You can very well come up with something on your own, develop it into a product and then find out you have to pay someone else to be allowed to sell your own invention. Did you know that certain types of progress bars are patented? This bullshit needs to stop.

  11. Re:This tweet (FTFA) shows how screwed up it is. by spire3661 · · Score: 5, Insightful

    There are too many humans to allow the continued allocation of one idea to a person. We have too many eyes now for this system to provide benefit. Very few human ideas are both unique to that human and a benefit to mankind.

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    Good-bye
  12. Re:This tweet (FTFA) shows how screwed up it is. by peragrin · · Score: 4, Insightful

    how about MSFT's $15 per android device fee? is that good?

    Also in software patents don't cover implementations but concept. therefore there is no way around and still meet spec.

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    i thought once I was found, but it was only a dream.
  13. Re:Free? as in speech? by t2t10 · · Score: 3, Insightful

    Free markets only operate among the big players

    Markets dominated by a few big players are by definition not free.

    Maybe you mean "unregulated markets"; that's something very different.

  14. government creates monopolies by roman_mir · · Score: 3, Insightful

    I am always amazed at people who believe that government is there to help them, well, maybe some feel that because they are getting government checks, or are hoping to get them one day.

    But just look at the way government destroys free market and creates monopolies. You'd think that government wouldn't want monopolies for some reason (well, they say so) but in reality monopolies is governments' bread and butter. Government may be non-profit, but it's highly profitable to politicians, and others, who are near the trough. Monopolies have money to give to politicians and what would the competitive market participants give them and why?

    This is in everything, not just software. Look at the pharmaceutical industry: FDA costs are probably higher than any other costs of releasing a new drug into the market. I hear it takes 600 million dollars for one single drug to pass all of the steps, FDA requires from manufacturers, which means that there cannot be an independent small firm, bringing an independent drug into the market. This maybe the biggest cost out of all other costs - to pass through government regulations. So anybody creating a drug needs to get a sponsor - a large pharma company to do what the FDA requires.

    Now, if FDA only required to prove that the drug was safe for consumption, that's one thing. But they require the proof of efficacy - which means years of expensive studies, something that the market could have found much quicker and without this added cost, and something that actually causes real deaths, as people are not getting the drugs on time and the drugs are really expensive. Here is an interesting discussion on this matter, which explains how government is working on making your food ever more expensive and reducing your choices in the market, helping out the large monopolies and destroying the competition.

    The patents are a huge problem, they are not there to help you. As with everything that governments do, the effect of their actions and regulations is the opposite one. So if they are talking about fighting monopolies, in reality they create them, and if they are talking about increasing the innovation in the market, in reality they are actively preventing and destroying it.