You might try joining up with these guys:

http://www.cultofmac.com/ios-developers-gang-together-to-fight-off-patent-troll-lodsys/97077

Also, an API boycott has been suggested:

http://www.readwriteweb.com/archives/notable_ios_developer_suggests_api_boycott_to_fight_patent_trolls.php

That article notes there's a SECOND troll on the roam, suing app
developers for...wait for it... "using forms within their apps." Yeah.

I think a good point is made here (also in the second link above): "if
we pay, we are collaborators in our own demise, as the precedent this
sets will open a floodgate of parasites extorting licensing fees for
their alleged patents, knowing we are too weak and too scared to do
anything but pay. If we don’t pay, we’ll still be out of business, just
quicker, as we are sued out of existence."

I don't see how cutting off our own revenue streams with a boycott makes
any sense, though. So I think the right answer is for everyone affected
to band together into a group (or pay into a fund managed by an industry
group for this purpose) and sue LodSys and any other patent trolls into
submission. If we just all roll over and pay, then you better believe
hundreds of other trolls will crawl out from under rocks and threaten
every small developer for their 0.5% -- and it doesn't take many dozens
of trolls for that to become a big chunk. Lodsys doesn't even have a
patent that's relevant to in-app purchases, after all, so all you need
to do is own a patent, ANY patent, and you can start suing! Much easier
than, you know, actually creating VALUE with your time.

I read one article that I now can't find that suggested filing hundreds
of preemptive lawsuits in jurisdictions all over the map against patent
trolls like Lodsys; the cost to reply to so many lawsuits would likely
bankrupt the troll, but the cost to each developer could be high (at
least $2000 to file each lawsuit, more to pursue it). If instead
everyone banded together into a single combined attack, though, it could
still be really expensive, and could fail (all eggs in one basket -- get
a bad judge and/or jury, and we're all screwed). Everyone suing
separately (with some coordination -- sue on the same day, share in
legal research for precedent, etc.) is probably the best approach.

In any event, I'd bide my time as much as possible (and I'd talk to an
attorney if I got a letter). The Apple letter hasn't had much time to
have its effect, yet -- it may be that Lodsys backs off entirely, or
that Apple (and then presumably Google) ends up in some kind of deal (or
lawsuit) with Lodsys. Both Apple and Google have the money to grind
Lodsys to dust, given the shakiness of the patent to begin with.

Tim


On 5/26/2011 2:37 PM, markusn82 wrote:
> If you've been following tech news lately, you may have read about a
> company named Lodsys that is threatening to sue iOS app developers
> (many of them small shops) for infringing on patents relating to in-
> app purchases. We recently implemented in-app purchases for our
> Android application and several weeks later we received a letter from
> Lodsys, claiming that we infringed on their patents.
>
> Have any other Android developers out there been sent a letter? Has
> Google taken any action on this issue yet? Has Google given direction
> to any developers that have been hit by this? We are obviously a small
> shop and are not financially capable of defending ourselves over a
> litigation.
>
> We would appreciate any helpful responses (especially from the Android
> team).
>
> Here are a few blog posts about the issue:
>
> http://fosspatents.blogspot.com/2011/05/what-app-developers-need-to-know-about.html
>
> http://thisismynext.com/2011/05/17/lodsys-sends-ios-developers-cease-and-desist-letters-in-app-purchases-on/
>
> Thanks
>

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