EFF Urges Apple to Support Developers Against Lodsys Patent Threat
The Electronic Frontier Foundation (EFF) today issued a statement calling on Apple to defend App Store developers against patent lawsuit threats from Lodsys, a company seeking licenses from developers for their use of in app purchasing and upgrade links.
The EFF lays out its case that because the developers are taking advantage of Apple's developer tools to deploy the functionality being cited in the dispute, Apple is in the best position to defend against the threat.
This is a problem that lawyers call a misallocation of burden. The law generally works to ensure that the party in the best position to address an issue bears the responsibility of handling that issue. In the copyright context, for example, the default assumption is that the copyright owners are best positioned to identify potential infringement. This is because, among other reasons, copyright owners know what content they own and which of their works have been licensed. Here, absent protection from Apple, developers hoping to avoid a legal dispute must investigate each of the technologies that Apple provides to make sure none of them is patent-infringing. For many small developers, this requirement, combined with a 30 percent fee to Apple, is an unacceptable cost.
Apple's developer agreement, however, precludes developers from turning to Apple for assistance in legal disputes, meaning the company could leave developers to fend for themselves.
Many observers have, however, argued that it is in Apple's best interest to step into the situation, shouldering the cost and effort in order to protect its valuable ecosystem of independent App Store developers. If developers are reluctant to embrace the App Store for fear of being targeted by lawsuits driven by their use of Apple technology, the platform could suffer significantly.
By putting the burden on those least able to shoulder it, both Apple and Lodys are harming not just developers but also the consumers who will see fewer apps and less innovation. We hope that going forward companies like Apple will do what's right and stand up for their developers and help teach the patent trolls a lesson.
Meanwhile, one week has passed since the first notices from Lodsys arrived in developers' hands, leaving two weeks until the firm's deadline for licensing passes and at which point it has threatened to file suits against the developers. Apple has yet to address the issue publicly, but the company is famous for waiting to speak until it has a firm grasp of the facts at hand rather than trying to address public relations crises as quickly as possible.
Popular Stories
The iPhone is Apple's top-selling product, and it gets an update every year. In 2024, we're expecting the iPhone 16 and iPhone 16 Pro lineup, with an arguably more interesting feature set than we got with the iPhone 15 and iPhone 15 Pro. Subscribe to the MacRumors YouTube channel for more videos. Capture Button All four iPhone 16 models are set to get a whole new button, which will be...
Apple is widely expected to release new iPad Air and OLED iPad Pro models in the next few weeks. According to new rumors coming out of Asia, the company will announce its new iPads on Tuesday, March 26. Chinese leaker Instant Digital on Weibo this morning 日发布%23">claimed that the date will see some sort of announcement from Apple related to new iPads, but stopped short of calling it an...
Apple suppliers will begin production of two new fourth-generation AirPods models in May, according to Bloomberg's Mark Gurman. Based on this production timeframe, he expects the headphones to be released in September or October. Gurman expects both fourth-generation AirPods models to feature a new design with better fit, improved sound quality, and an updated charging case with a USB-C...
Resale value trends suggest the iPhone SE 4 may not hold its value as well as Apple's flagship models, according to SellCell. According to the report, Apple's iPhone SE models have historically depreciated much more rapidly than the company's more premium offerings. The third-generation iPhone SE, which launched in March 2022, experienced a significant drop in resale value, losing 42.6%...
iOS 17.4.1 and iPadOS 17.4.1 should be released within the next few days, with a build number of 21E235, according to a source with a proven track record. MacRumors previously reported that Apple was internally testing iOS 17.4.1. As a minor update for the iPhone, it will likely address software bugs and/or security vulnerabilities. It is unclear if the update will include any other changes. ...
MacRumors was first to report that Apple was planning to rebrand "Apple ID" to "Apple Account" across its software platforms and websites like iCloud.com as early as this year, and now Bloomberg's Mark Gurman has corroborated this change. A mockup of the new Apple Account branding In his Power On newsletter today, Gurman said the new "Apple Account" branding will start to be used later this...
Apple's new iPad Pro models with OLED displays will likely begin shipping to customers in April, according to information shared today by Ross Young, CEO of display industry research firm Display Supply Chain Consultants. Bloomberg's Mark Gurman also said the new iPad Pro models might not ship until "deeper" into April in his Power On newsletter on Sunday:I've repeatedly said that new...
Top Rated Comments
Should be interesting.
Look at Apple's history, they generally do not respond to anything until they have a complete, thoroughly investigated solution or explanation ready to go. iPhone4 antennas, the cel tower "tracking", the Hon Hai suicides and worker abuse allegations, the white iPhone production problems, the various security exploits, and so on. They wait until they have the full grasp of the situation before they officially respond. Which is smart but can be annoying for those with a vested interest.
While it may look like they have their head buried in the sand and are doing nothing, I'm sure that is not the case.