Apple defends developers in letter to Lodsys

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Earlier this month a company called Lodsys began sending letters to iOS app developers using Apple’s in-app billing system, asking each to license its technology separately. In a blog post on May 15th, Lodsys explained on its website that “the scope of [Apple's] current licenses does NOT enable [Apple] to provide  ’pixie dust’ to bless another (third party) business applications.” On Monday Apple issued a response to Lodsys explaining that iOS developers are safe under its licensing program. “Apple is undisputedly licensed to these patents and the App Makers are protected by that license,” Bruce Sewell, Apple’s senior vice president and general counsel, said. “The technology that is targeted in your notice letters is technology that Apple is expressly licensed under the Lodsys patents to offer to Apple’s App Makers.” It sounds like developers that have received the notification letters can breathe easy knowing that Apple appears to be offering some support. Hit the jump for more from Sewell’s letter to Lodsys.

These licensed products and services enable Apple’s App Makers to communicate with end users through the use of Apple’s own licensed hardware, software, APIs, memory, servers, and interfaces, including Apple’s App Store. Because Apple is licensed under Lodsys’ patents to offer such technology to its App Makers, the App Makers are entitled to use this technology free from any infringement claims by Lodsys.

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13 Comments
  • http://twitter.com/MattSTKC MattSTKC

    well let’s see if they put their legal suit types where their mouth is when the suits against the individual devs start. Hoping they’ll provide representation. Shows solidarity throughout the ecosystem which is much needed.

    • Silent Emf

      My thought is Lodsys is disappointed in their contract and want to renegotiate for more money since iOS has taken off.

      • Anonymous

        Apple seems like the company that would spend a million to save $10,000 from a person that doesn’t deserve it. Which I think is a great thing. I hate the people looking to renegotiate a deal because they didn’t negotiate right the first time.

  • http://www.vgchartz.com SuperChunk

    Greedy people are greedy.

  • Anonymous

    I’m not sure how this movie will end, but at the moment it’s getting good…
    * grabs popcorn *

  • Anonymous

     But who’s more protective? Apple to it’s developers, or BGR to Apple?

    • Dario69

      I say none of the above.  BGR is more protective of Android considering how terrible their tablet entries have been as of late.  That and an unfinished Android OS that seems so immature compared to others including my old WinMO OS. 

      Sorry, but after several issues with multiple Android phones I have no other choice but to vent.  Especially after using an iPhone4 and seeing – like magic – the issues are non-existent.  The phone just works.  BGR treats Apple the way they should be treated.  A company that gets the job done.

  • serpentor

     Lodsys holds the patents, so if they say the devs are violating them, then the devs are violating them.

    • Chris

      No. Apple paid for a license and a contract was made. Lodsys is saying every app developer that uses it must each pay for a license, but Apple is saying they are covered under Apple’s license and can use it without infringing their patents.

      • Anonymous

        The question is does apple’s license apply to in game purchases for every app developed for the iOS ecosystem or is this license only for the in-house apps. I would assume that Apple isn’t retarded so I imagine that their license does apply to all iOS apps. This would be a huge problem if it’s not the case.

      • Anonymous

        Apple seems to have a strong case, since devs are simply using Apples API, which is licensed, and not using their own code.

        It would be equivalent to Adobe licensing some IP for Photoshop. Someone creating content with PS wouldn’t be liable, since the license would extend.

        There’s Supreme Court cases that appear to back this up.

      • Anonymous

        Apple seems to have a strong case, since devs are simply using Apples API, which is licensed, and not using their own code.

        It would be equivalent to Adobe licensing some IP for Photoshop. Someone creating content with PS wouldn’t be liable, since the license would extend.

        There’s Supreme Court cases that appear to back this up.

    • Anonymous

      Actually now it would be up to a judge to decide that, if lodsys now decides to put up instead of shut up.

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