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Patent Troll Sues X-Plane

symbolset writes "X-plane is a cross-platform flight simulator app, notably the only serious one that supports Mac OSX and Linux. It was the first to include NASA data in their terrain modelling. It's now under threat by an NPE (Non-Practicing Entity) called Uniloc. Uniloc is suing for things X-Plane has done for decades. X-plane cannot afford to defend this suit, so if somebody doesn't step up and defend them then we lose X-plane forever. Quoting: 'I have spoken to a lawyer about this, and I am told that it will cost me about $1,500,000 (one and a half million dollars) to defend this suit. He also told me that it should take about two to three years to defend. This is more money than I have made selling Android Apps in the first place.'"

27 of 214 comments (clear)

  1. Not to discourage people from contributing... by drakaan · · Score: 4, Informative

    ...but (FTFA)

    ...Note: I have enough money to defend thus suit all the way through trial without it being a severe financial hardship, so please do not give if it is a hardship for you. But, if you would like to make a contribution to help with the cause because you want to help stop people like this, then it will surely be appreciated!...

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    1. Re:Not to discourage people from contributing... by tlhIngan · · Score: 3, Interesting

      Plus, I bet Google steps in. Its a Google API he is using that is the subject of the troll.

      Actually, I'm surprised it took so long for a response. Laminar Research was sued back in July 22, 2012.

      In fact, this is part of the lawsuit that Uniloc filed against Mojang (Minecraft) as well, plus EA and many other big names. And the one where the founder says he's not a "patent troll".

      I'd be surprised if Google didn't step in - it's Google's technology they're all using in the end. Just like how Apple stepped in when a bunch of iOS developers (and later, Android devs) got sued over in-app purchases.

  2. Re:Errrm what? by icebike · · Score: 4, Informative

    Where did "selling Android Apps" enter the picture? Turns out the patent has nothing to do with "things X-Plane has done for decades". Couldn't the editors have checked that?

    It enters into the picture because x-Plain is using a standard Android API developed by Google and shipped with Android to check if the user bought the package before allowing it to be used.

    This pretty much means Google is going to go after the Troll since the patents cited have plenty of prior art that the patent office overlooked.

    The editors could have checked for this, but quite frankly you could have clicked a link an RTFA.

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  3. One day I'll come on slashdot by Dyinobal · · Score: 4, Funny

    One day I'll come on slashdot and read "Patent Troll had his legs broken by unknown assailants, was tarred and then dumped in a bin of shredded legal papers. :

  4. I RTFA and see the following by Picass0 · · Score: 5, Informative

    * Laminar Research is being sued specifically for the Android version
    * Uniloc is suing Laminar Research because X-Plane phones home to validate it's license
    * X-Plane is using a system for license validation provided by Google. Nearly everyone else in the Android market is using this same code, so Uniloc is not going to stop here.

    I would say Laminar Research needs to get EFF on the phone but I don't know if they would help defend a commercial product.

    1. Re:I RTFA and see the following by h4rr4r · · Score: 5, Insightful

      Sounds like he should get Google on the phone.

  5. Stop living in the US by girlintraining · · Score: 5, Insightful

    You need to move to a free country. Innovation is dead in this country. If you don't have several million dollars, you're nobody. You aren't entitled to legal protection, you're just a consumer waiting to be extorted. I'm not saying this to be sarcastic or political; I mean it. Move your development overseas, contribute under an alias, use Tor, whatever it takes. The United States is not a place for innovators or creators to be right now. It is, however, a great place for lawyers and thieves.

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    1. Re:Stop living in the US by some1001 · · Score: 3, Informative

      Just another alarmist that doesn't know what the heck is he talking about.

      True, the patent system for software is completely hosed up. But to say, "Innovation is dead in this country," is just you talking out of your ass.

      There are plenty of companies in many other facets of science and engineering that are doing just fine by staying in the states (not to mention having some of the best schools in the world plus lots of very good ones). As an example, why do international companies in the petroleum industry routinely do business in the states? Oh wait, is it because innovation is dead? No, it's because we have some of the very best technology and great minds to advise companies all over the world.

    2. Re:Stop living in the US by tlhIngan · · Score: 4, Interesting

      True, the patent system for software is completely hosed up. But to say, "Innovation is dead in this country," is just you talking out of your ass.

      There are plenty of companies in many other facets of science and engineering that are doing just fine by staying in the states (not to mention having some of the best schools in the world plus lots of very good ones). As an example, why do international companies in the petroleum industry routinely do business in the states? Oh wait, is it because innovation is dead? No, it's because we have some of the very best technology and great minds to advise companies all over the world.

      Or, it's just software's turn this century.

      Patent trolls have been around practically forever. The 19th century had patent lawsuits flying around over motorized vehicles, probably just as much as we're seeing between Apple, Microsoft, Google/Motorola, Samsung, etc. And probably just as stupid.

      I believe it's a sure sign of innovation when it happens - when a technology is booming, people start mining for gold. When the high-technology sector settles down, so will the lawsuits. And then some OTHER field will experience a rise in patent lawsuits, and they too will wonder about reforming the system, blah blah blah.

      History repeating itself over and over again. I tihnk some of the greatest inventors (Edison?) were also some of the most prolific lawsuit-filers.

    3. Re:Stop living in the US by Hatta · · Score: 3, Insightful

      As an example, why do international companies in the petroleum industry routinely do business in the states?

      Because we have a corrupt government that gives favors to powerful industries.

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    4. Re:Stop living in the US by girlintraining · · Score: 3, Insightful

      No, it's because we have some of the very best technology and great minds to advise companies all over the world.

      I couldn't find a single piece of electronics gear in my house with the words "Made in the USA" stamped on the bottom. And as far as the "great minds to advise[sic] companies", since our educational standards are falling like a rock, and China has more honor students than we have students, let me go out on a limb and suggest that the advice they're offering is business, not engineering. Deny it all you want, but the reality is right there for anyone to see. I'm not an "alarmist" -- I can hop a plane and fly to Japan where they have state of the art cell phones that make ours look like antiques. The iPhone 5 launch there will be met with a yawn, just like every other release. I can hop another plane to Britain and walk into the dingiest apartment in the suburbs and buy internet access 10x faster than what they have here, and in some markets at a lower place. I can hop another plane to pretty much any other country on the planet and get medication at a fraction of the price it's sold for here.

      In virtually every market, in every scientific and engineering discipline, I do not need to look very hard to find people not just competing with America, but beating the snot out of it. The only thing we're good at is business -- we're litigators, we're service providers, we're the world's police force. But do not fucking sit there and tell me that we are innovators. Innovation died a long time ago in this country, and that's a fact you need to square with, instead of living off the fumes of the burned out husk of the American Dream.

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  6. Litigation costs by K.+S.+Kyosuke · · Score: 5, Funny

    Isn't it cheaper, not to mention more socially responsible, to simply bomb that company's headquarters?

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  7. Re:Errrm what? by Score+Whore · · Score: 5, Informative

    Actually he says he does have that kind of money:

    (Note: I have enough money to defend thus suit all the way through trial without it being a severe financial hardship, so please do not give if it is a hardship for you. But, if you would like to make a contribution to help with the cause because you want to help stop people like this, then it will surely be appreciated!)

    And it sounds like not only does have have that kind of money, but he has lots more too.

  8. Re:Errrm what? by idontgno · · Score: 5, Informative

    The summary is, as usually, fairly terribad.

    The patent (filed 2001, granted 2005) is for remote license checking. This, you may surmise, is ancient technology. It's ubiquitous technology. It's an egregiously bad candidate for a patent (in my non-lawyer opinion). But, there it is.

    The "decades" part has nothing explicit to do with X-Plane, or with the Android license checking API. It has entirely to do with the fact that remote license checking has been done for decades, not that X-Plane has been doing it for decades.

    Way to misinterpret TFA when constructing the summary, Original Submitter. (Assuming Editor didn't botch the summary and make it look like they're quoting the Submitter's pristine words.)

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  9. FlightGear by leandrod · · Score: 3, Interesting

    What makes X Plane more serious than Flight Gear, let alone the only serious one?

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  10. Re:Only Serious Flight Simulator? by TWX · · Score: 3, Funny

    You Bastard! Now Uniloc will know who else to sue!

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    Do not look into laser with remaining eye.
  11. Re:EFF's policies by Picass0 · · Score: 4, Informative

    "...without the user's permission"

    You click an "Accept & Download" button when installing anything from the Play Store. listed under that button is the permissions the app requires.

  12. Hand-written envelope by waimate · · Score: 4, Interesting

    I got hit by a patent troll a few years back. I used the same technique that I'd used when MSFT once approached us and said they thought we might be infringing on their IP and could we prove that we're not. And again when another large company said we needed to change our logo because it looked like we had dotted a capital 'i', and they owned that. Just ignore them. We got one additional letter from the patent troll, and that was the last ever heard. As someone else has said, these people are looking for deep pools of money.

    In the first instance, ignore. If they demand that you must do something by some certain date, ignore. When they send the follow-up, ignore. If they come back a third time, then send a really badly written letter produced on a manual typewriter or written in crayon with a hand-written envelope telling them what they're claiming isn't applicable, but provide no details. Make yourself look small, impoverished and hard work.

  13. Re:Errrm what? by jhoegl · · Score: 3, Insightful

    Oh, this must be that trickle down economics I hear so much about
    "Hey everyone, Im rich, but I need help defending the thing you all love because I dont really wanna pay for it."
    Wait, what?

  14. Re:Errrm what? by Anonymous Coward · · Score: 5, Insightful

    So... he got sued because his proprietary software's DRM system infringes a troll's patent on DRM systems?

    He's the lesser of two evils. I hope he wins, but it's hard to give a crap, really.

    If he wins, a patent troll is defeated, which is good.
    If he loses, DRM becomes harder to do, because of the patent, which is also good.
    Either way, money changes hands from two asshats to their lawyers, who, quite likely are equally asshats, which is thus neutral.

  15. Re:FlightGear by Peter+Bortas · · Score: 4, Informative

    X-Plane does aerodynamic simulations on that no other civilian solution can touch.

  16. Re:Errrm what? by Anonymous Coward · · Score: 3, Informative

    It would be nice if Google actually went after this troll; however, this troll obviously knows they're probability of surviving against Google is 0 so they went after these 8 developers. Heck, even Oracle didn't survive against Google.

    The trick shot there is these 8 developers convincing a judge that the patent is invalid because of "prior art" if you will (see this link from Laminar Research); or if it's considered valid that the plaintiff should go after Google instead. If the judge agrees the case is over for the plaintiff.

  17. The only serious cross platform Flight Sim? by yourlord · · Score: 4, Interesting

    "X-plane is a cross-platform flight simulator app, notably the only serious one that supports Mac OSX and Linux."

    And here I've been using http://flightgear.org/ all this time. I thought I was using a serious, free, GPL open-source flight simulator that runs on Windows, Mac OS X, and Linux.. I'm glad this slashdot post came up to tell me I was wrong.

    Dude charges for X-plane.. When you decide to charge for software you accept all the financial responsibility for defending it against litigation. Welcome to it.

  18. Re:FlightGear by X0563511 · · Score: 4, Informative
    --
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  19. Re:Errrm what? by AaronLS · · Score: 5, Funny

    This is known as Asshat Economics. Money slowly trickles into the hands of asshats, and once there, it just moves around between the asshats to create the illusion that they are doing something meaningful.

  20. Re:Errrm what? by arth1 · · Score: 5, Informative

    The patent (filed 2001, granted 2005) is for remote license checking.

    You mean like this patent, which they failed to list as prior art?

  21. Re:Errrm what? by GameboyRMH · · Score: 4, Interesting

    I call that "the honest definition of capitalism."

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