EFF Urges Apple to Support Developers Against Lodsys Patent Threat

in app purchase iconThe 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.

Top Rated Comments

ratzzo Avatar
168 months ago
Apple should obviously aim at protecting those who have made its Store what it is today.
Score: 6 Votes (Like | Disagree)
SixPenceRicher Avatar
168 months ago
Come on, Apple. Grow a pair and protect those developers that have invested in your success.
Score: 5 Votes (Like | Disagree)
damage00 Avatar
168 months ago
Developers should expect something for that 30% Apple App Store tax besides just distribution.
Score: 5 Votes (Like | Disagree)
mack pro Avatar
168 months ago
Apple doesn't have time to deal with this they're too busy suing everybody and their brother.
Score: 3 Votes (Like | Disagree)
ten-oak-druid Avatar
168 months ago
My opinion is that Lodsys has a right to its patent. But then I saw that Apple is complying with that patent already. Can one application of the patent require both Apple and the developers to pay patent right costs? If Apple is already paying for the use of it, does that not cover the developers selling apps within Apple's app store and running on Apple's iOS devices?

Should be interesting.
Score: 3 Votes (Like | Disagree)
HiRez Avatar
168 months ago
Apple will have to respond. But, it takes time for them to investigate these things. Patent law is notoriously obscure and convoluted and I'm sure there's many, many possibilities and potential pitfalls involved. Apple has to be very careful as to what response they make and the exact wording of it. If they're already licensing Lodsys patents themselves, it gets even trickier for them.

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.
Score: 3 Votes (Like | Disagree)

Popular Stories

reset password request iphone

Warning: Apple Users Targeted in Phishing Attack Involving Rapid Password Reset Requests

Tuesday March 26, 2024 4:34 pm PDT by
Phishing attacks taking advantage of Apple's password reset feature have become increasingly common, according to a report from KrebsOnSecurity. Multiple Apple users have been targeted in an attack that bombards them with an endless stream of notifications or multi-factor authentication (MFA) messages in an attempt to cause panic so they'll respond favorably to social engineering. An...
Generic iOS 18 Feature Purple

iOS 18: What to Expect From 'Biggest' Update in iPhone's History

Wednesday March 27, 2024 11:10 am PDT by
At least some Apple software engineers continue to believe that iOS 18 will be the "biggest" update in the iPhone's history, according to Bloomberg's Mark Gurman. Below, we recap rumored features and changes for the iPhone. "The iOS 18 update is expected to be the most ambitious overhaul of the iPhone's software in its history, according to people working on the upgrade," wrote Gurman, in a r...
maxresdefault

Apple Announces WWDC 2024 Event for June 10 to 14

Tuesday March 26, 2024 10:02 am PDT by
Apple today announced that its 35th annual Worldwide Developers Conference is set to take place from Monday, June 10 to Friday, June 14. As with WWDC events since 2020, WWDC 2024 will be an online event that is open to all developers at no cost. Subscribe to the MacRumors YouTube channel for more videos. WWDC 2024 will include online sessions and labs so that developers can learn about new...
apple maps 3d feature

Apple Maps May Gain Custom Routes With iOS 18

Tuesday March 26, 2024 3:10 pm PDT by
Apple may be planning to add support for "custom routes" in Apple Maps in iOS 18, according to code reviewed by MacRumors. Apple Maps does not currently offer a way to input self-selected routes, with Maps users limited to Apple's pre-selected options, but that may change in iOS 18. Apple has pushed an iOS 18 file to its maps backend labeled "CustomRouteCreation." While not much is revealed...
General iOS 17 Feature Orange Purple

Apple Releases Revised Versions of iOS 17.4.1 and iPadOS 17.4.1 With Updated Build Number

Wednesday March 27, 2024 5:59 am PDT by
Apple on late Tuesday released revised versions of iOS 17.4.1 and iPadOS 17.4.1 with an updated build number of 21E237, according to MacRumors contributor Aaron Perris. The updates previously had a build number of 21E236. The revised updates are available for all iPhone and iPad models that are compatible with iOS 17 and iPadOS 17, but they can only be installed via the Finder app on macOS...
applephilschiller

Apple's Phil Schiller Works 80 Hours a Week Overseeing App Store

Wednesday March 27, 2024 2:03 pm PDT by
With the App Store and app ecosystem undergoing major changes in the European Union, The Wall Street Journal today shared a profile on App Store chief Phil Schiller, who is responsible for the App Store. Though Schiller transitioned from marketing chief to "Apple Fellow" in 2020 to take a step back from Apple and spend more time on personal projects and friends, he is reportedly working...
maxresdefault

Apple to Launch New iPad Pro and iPad Air Models in May

Thursday March 28, 2024 11:07 am PDT by
Apple will introduce new iPad Pro and iPad Air models in early May, according to Bloomberg's Mark Gurman. Gurman previously suggested the new iPads would come out in March, and then April, but the timeline has been pushed back once again. Subscribe to the MacRumors YouTube channel for more videos. Apple is working on updates to both the iPad Pro and iPad Air models. The iPad Pro models will...
iphone 16 dummies

iPhone 16 Dummy Models Showcase Design Changes, New Buttons

Tuesday March 26, 2024 6:03 am PDT by
Images comparing purportedly accurate dummy models of the iPhone 16 series have been shared online, providing a closer look at the rumored design of the upcoming devices. The iPhone 16 Pro and iPhone 16 Pro Max are expected to get larger display sizes this year, according to multiple sources, while the iPhone 16 and iPhone 16 Plus will be the same size as the iPhone 15 and iPhone 15 Plus. ...