[android-developers] Re: Just received Lodsys letter...

2011-09-05 Thread Micax
Hi,

On Aug 17, 9:38 pm, Katie Smith ka...@grayfinstudios.com wrote:
 Advice on how to respond 
 -http://fosspatents.blogspot.com/2011/07/cost-efficient-way-for-app-de...

Google the author of this blog. Even if you ignore the somewhat shaky
reputation that he has in the open source community (there have been
accusations that he is a Microsoft shill, although you'll have to
judge for yourself), the one thing that should be noted is that he is
not a lawyer and has no legal expertise on which to base his advice.

This can't be stressed enough. Be very careful about taking legal
advice from someone who is not a lawyer (and generally speaking, never
take legal advice from the internet).


One source that anyone who has come under attack in this case should
read:

http://www.groklaw.net
- They are following the case closely and in detail. Your one-stop
shop for the filings and counter-filings in the case going on in the
various cases. They have also collected lots of data (such as prior
art) that may be useful.

Their suggestions on what to do:
http://www.groklaw.net/article.php?story=20110614184205441
http://www.groklaw.net/article.php?story=20110615111436917

Though again, the most important suggestion (as Groklaw also stress):
do not take legal advice from the Internet. Each case is individual,
and what applies in one situation may not apply in another
(particularly relevant for Europeans - national laws will vary a lot).


A very important opportunity for app developers who have received a
letter (and for others as well):

Patent Trolls and You: EFF Virtual Boot Camp for App Developers

http://www.eff.org/deeplinks/2011/08/join-us-patent-trolls-and-you-eff-virtual-boot

The EFF will hot a live panel of actual patent attorneys and law
professors who will discuss the basics of patent litigation on live
stream and take questions via Twitter and E-mail on September 9 at
12:00 pm PST.

-- micax

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[android-developers] Re: Just received Lodsys letter...

2011-09-01 Thread Sheado
Hi All,

We just got our Lodsys notice as well. This is ridiculous and a direct
obstacle to innovation in the US.

Any other advice on how to handle this? Would it be possible for all
of us developers to join together in a class-action lawsuit?

-Chad

On Aug 28, 9:56 am, Russell DuRoss r2s...@gmail.com wrote:
 Their site suggests they are interested in engaging in a discussion
 about an appropriate licensing amount.  So maybe respond to them
 indicating that you are willing to negotiate and in the same response
 include enough info so they can see that you are a small developer.
 When they see your response there is maybe a chance that they will
 decide it's not worth their effort to pursue it.  If so, you may then
 never hear from them again.  Are there any small developers out there
 that have done this?

 On Aug 27, 10:23 am, Andy m...@tekx.de wrote:







  I'm only accused for 7,222,078 (the in app billing)

  beside my app has no in-app purchase or upgrade. It's simply a http link to
  the android market.I think they are sure that their patent covers the
  process behind this?!?!. But if so, this would ment, that even  
  web-Applications are not allowed to link to a amazon store or something
  similar. This patent is so common sense / so widely interpretable that I
  think this will not last that long.

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[android-developers] Re: Just received Lodsys letter...

2011-09-01 Thread JackNorthNexus


On Sep 1, 2:13 pm, Sheado chad...@gmail.com wrote:
 Hi All,

 We just got our Lodsys notice as well. This is ridiculous and a direct
 obstacle to innovation in the US.

 Any other advice on how to handle this? Would it be possible for all
 of us developers to join together in a class-action lawsuit?

 -Chad

 On Aug 28, 9:56 am, Russell DuRoss r2s...@gmail.com wrote:



  Their site suggests they are interested in engaging in a discussion
  about an appropriate licensing amount.  So maybe respond to them
  indicating that you are willing to negotiate and in the same response
  include enough info so they can see that you are a small developer.
  When they see your response there is maybe a chance that they will
  decide it's not worth their effort to pursue it.  If so, you may then
  never hear from them again.  Are there any small developers out there
  that have done this?

  On Aug 27, 10:23 am, Andy m...@tekx.de wrote:

   I'm only accused for 7,222,078 (the in app billing)

   beside my app has no in-app purchase or upgrade. It's simply a http link 
   to
   the android market.I think they are sure that their patent covers the
   process behind this?!?!. But if so, this would ment, that even  
   web-Applications are not allowed to link to a amazon store or something
   similar. This patent is so common sense / so widely interpretable that I
   think this will not last that long.- Hide quoted text -

 - Show quoted text -

I'd have to see it myself, but I imagine, I would ignore the letter If
I were in your shoes.

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[android-developers] Re: Just received Lodsys letter...

2011-08-28 Thread Russell DuRoss
Their site suggests they are interested in engaging in a discussion
about an appropriate licensing amount.  So maybe respond to them
indicating that you are willing to negotiate and in the same response
include enough info so they can see that you are a small developer.
When they see your response there is maybe a chance that they will
decide it's not worth their effort to pursue it.  If so, you may then
never hear from them again.  Are there any small developers out there
that have done this?

On Aug 27, 10:23 am, Andy m...@tekx.de wrote:
 I'm only accused for 7,222,078 (the in app billing)

 beside my app has no in-app purchase or upgrade. It's simply a http link to
 the android market.I think they are sure that their patent covers the
 process behind this?!?!. But if so, this would ment, that even  
 web-Applications are not allowed to link to a amazon store or something
 similar. This patent is so common sense / so widely interpretable that I
 think this will not last that long.

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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-27 Thread Andy
Question would be as super small developer whats the easiest Exit 
Strategy.

A Patent Lawer in the US easily costs serveral hundert $/hour. Their 
strategy might be that this effort is too big for most of us. (Especially 
from Europe / laguage barrier) So after reading 
http://www.lodsys.com/1/post/2011/05/q-what-are-you-charging.html i was 
thinking if the easiest way to sleep better ist, ask them what you have to 
paid for the past and future use.

In case you removed the Button it would be the question how to the know how 
many apps you have sold in the US. If you sold you app like 500 times for 2 
$ this might be a very small amount of money you have to spend. The Question 
remains it this is legit because their claim that even a link to the Market 
violates one of their patents is kind of odd, because than you can claim 
that exact case for every website linking to a Commercial Item like Amazon 
links oder whatsover. Same Mechanism. The Button in you game is only a HTTP 
Link to a Android Market website. No Strings attached. 

Next question qould be hwo to contact them, and how fast do they respond. 

Anybody experienced a solution that was heading for a licening ?


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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-27 Thread Christopher Van Kirk

They want 0.575% of your gross, past, present and future.

On 8/27/2011 6:58 PM, Andy wrote:
Question would be as super small developer whats the easiest Exit 
Strategy.


A Patent Lawer in the US easily costs serveral hundert $/hour. Their 
strategy might be that this effort is too big for most of us. 
(Especially from Europe / laguage barrier) So after reading 
http://www.lodsys.com/1/post/2011/05/q-what-are-you-charging.html i 
was thinking if the easiest way to sleep better ist, ask them what you 
have to paid for the past and future use.


In case you removed the Button it would be the question how to the 
know how many apps you have sold in the US. If you sold you app like 
500 times for 2 $ this might be a very small amount of money you have 
to spend. The Question remains it this is legit because their claim 
that even a link to the Market violates one of their patents is kind 
of odd, because than you can claim that exact case for every website 
linking to a Commercial Item like Amazon links oder whatsover. Same 
Mechanism. The Button in you game is only a HTTP Link to a Android 
Market website. No Strings attached.


Next question qould be hwo to contact them, and how fast do they respond.

Anybody experienced a solution that was heading for a licening ?


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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-27 Thread Michael Banzon
What is the patent number they refer to?

On Sat, Aug 27, 2011 at 3:25 PM, Christopher Van Kirk
christopher.vank...@gmail.com wrote:
 They want 0.575% of your gross, past, present and future.

 On 8/27/2011 6:58 PM, Andy wrote:

 Question would be as super small developer whats the easiest Exit
 Strategy.

 A Patent Lawer in the US easily costs serveral hundert $/hour. Their
 strategy might be that this effort is too big for most of us. (Especially
 from Europe / laguage barrier) So after reading
 http://www.lodsys.com/1/post/2011/05/q-what-are-you-charging.html i was
 thinking if the easiest way to sleep better ist, ask them what you have to
 paid for the past and future use.

 In case you removed the Button it would be the question how to the know
 how many apps you have sold in the US. If you sold you app like 500 times
 for 2 $ this might be a very small amount of money you have to spend. The
 Question remains it this is legit because their claim that even a link to
 the Market violates one of their patents is kind of odd, because than you
 can claim that exact case for every website linking to a Commercial Item
 like Amazon links oder whatsover. Same Mechanism. The Button in you game is
 only a HTTP Link to a Android Market website. No Strings attached.

 Next question qould be hwo to contact them, and how fast do they respond.

 Anybody experienced a solution that was heading for a licening ?


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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-27 Thread Andy
I'm only accused for 7,222,078 (the in app billing)

beside my app has no in-app purchase or upgrade. It's simply a http link to 
the android market.I think they are sure that their patent covers the 
process behind this?!?!. But if so, this would ment, that even  
web-Applications are not allowed to link to a amazon store or something 
similar. This patent is so common sense / so widely interpretable that I 
think this will not last that long. 


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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-18 Thread Richard Schilling
I'm not a patent lawyer either so this isn't advice - it's just my 
understanding of what your options might be.

Sounds like you just got an official notice explaining why you can't write 
your software the way you have.  It's their case.  You can, of course prove 
Lodsys wrong if you do have rights.   You really need a patent attorney to 
know what those rights are.

You have to respond to this, at least by talking to them to explain why you 
don't violate their patent. If you do in fact violate their patent they'll 
make you change your software and then make you promise to never do that 
again.

And only rely on things in writing: e-mail or by letter.  Relying on verbal 
conversations would be a mistake.

If that doesn't work, talk to your attorney.

I do know this: if you can show you actually have rights to your invention 
(your lawyer can tell you that), then this may force Lodsys to pay YOU 
royalties.  And, if they go to court, and the court finds that you actually 
own the rights to your invention, the court can actually invalidate the 
Lodsys' patent.

An attorney is worth their weight in gold in these circumstances ... 
literally.

Just my $0.02.

Richard Schilling


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[android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Albert
They are known to have attacked IPhone developers in the past. Maybe
they are having a go at Android??


On Aug 17, 1:56 pm, David Erosa García soul...@gmail.com wrote:
 On Wed, Aug 17, 2011 at 2:48 PM, TreKing treking...@gmail.com wrote:
  On Wed, Aug 17, 2011 at 6:52 AM, David Erosa García soul...@gmail.com
  wrote:

  They have attached a screenshot of my webpage in which there are two
  links, one for the lite version and another one for the full version...

  Wait, they are basing their claim on your having *links* for your app on
  your *website* ? Not having a link *in your free app* to the paid one?

 The Claim Chart shows an screenshot of my app menu, followed by a
 screenshot of my webpage (http://www.forgotten-systems.com/collage/)
 pointing to the Market links. Of course there's a link to my web page
 from my app...

  The other sshots are from the Market ,concretely the Buy button and
 the OK button of the Purchase and allow access dialog (¿?) This
 last one is related to Collecting the results of the interaction from
 usersin a central location to allow for an upgrade to occur in the
 product.









  --- 
  --
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[android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Santiago Lema
Yeah, I am expecting my letter anytime soon like everyone.

Frankly, I'd ignore them until they file legal procedure and actually
manage to remove your app from sale. They just don't have funds to
start a real legal action against every small dev. For now they only
paid to print their shit. At this point they've only succeeded in
killing trees.

If that legal bullshit is valid, Google will have to remove your app,
if they do it they'll have to do it for *everyone* which is basically
half the apps on the market. I just wouldn't worry too much. They're
just attacking small devs to get what they want from Google and Apple.

In the meantime they're just trying to extort money from small people
because they know they don't have a lawyer.

Also the guys at appsterdam are organizing a defense against these
parasites, you might want to talk to them:
http://mur.mu.rs/?p=303

I can't believe we're even talking about people actually pretending
they invented bloody links between apps. Anyway the american market
isn't the biggest one for me so I'll just replace the more apps page
in my apps for American users with a message explaining to my users
why I am not allowed to link to my own apps. If anyone has an address
and phone number or e-mail I'd gladly put an e-mail form in my apps to
contact them.

PS: Y sobre todo que se vayan a comer mierda :-P


On 17 août, 10:34, Christopher Van Kirk
christopher.vank...@gmail.com wrote:
 I for one hope that they (Lodsys) carry on behaving like extortionist
 gangsters. It's the surest path to patent reform as it relates to software.

 Thanks Lodsys!

 On 8/17/2011 8:48 PM, TreKing wrote:







  On Wed, Aug 17, 2011 at 6:52 AM, David Erosa Garc�a soul...@gmail.com
  mailto:soul...@gmail.com wrote:

      They have attached a screenshot of my webpage in which there are
      two links, one for the lite version and another one for the full
      version...

  Wait, they are basing their claim on your having *links* for your app
  on your *website* ? Not having a link *in your free app* to the paid one?

  --- 
  --
  TreKing http://sites.google.com/site/rezmobileapps/treking - Chicago
  transit tracking app for Android-powered devices

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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Jim Graham
On Wed, Aug 17, 2011 at 06:41:29AM -0700, Albert wrote:
 They are known to have attacked IPhone developers in the past. Maybe
 they are having a go at Android??

It's been going on for a while, now.  And based on some of the gripes
I've read about, anything with a CPU, RAM, any method of communication
with other devices, etc., all fits into their fscked up distorted vision
of their patents.  Soon they'll be sending letters to all computer
manufacturers in the world, all pocket calculator manufacturers, cell
phone makers, telcos, and anyone else using anything that relates to
computers.

Of course, I am not a lawyer (Thank God!)  I know that if I get one
of their BS-filled letters, I'll be contacting the CLRC (Cancer Legal
Resource Center) for assistance.

Later,
   --jim

-- 
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spooky1...@gmail.com| shortcomings to be seriously considered
 Running FreeBSD 7.0  | as a means of communication.  The device
ICBM / Hurricane:   | is inherently of no value to us.
   30.44406N 86.59909W  | (Western Union internal memo, 1876)

Android Apps Listing at http://www.jstrack.org/barcodes.html

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[android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Chris
Google's finally stepped in to help, with the intention of hopefully 
invalidating Lodsys's patents:

http://www.pcmag.com/article2/0,2817,2391070,00.asp

Cheers,
- C

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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Christopher Van Kirk
They are playing a numbers game. I believe their real target is 
impressionable indies who cow at the prospect of conflict. If they get 
one in a hundred app developers to pay them off, they will end up with a 
decent chunk of change. The actual lawsuits are probably just facades to 
try to prove they have deep pockets so that people will get scared and 
pay instead of doing the rational thing and fighting.


If what people say is true, pursuing just one patent violator in court 
could cost into the millions of dollars. Why would anyone pursue an app 
developer who probably only ever made hundreds of dollars, if anything 
at all, and spend millions to do it? The truth is they aren't. They're 
hoping you get scared and pay them $1000 or $100  or whatever to leave 
you alone. Florian Mueller, the so called 'patent guru' feeds this fear 
by advocating settling early and often. I think it's just legalized 
extortion.


If you're in the U.S., though, you ought to be very careful about how 
you execute your transactions in the market. If you aren't incorporated 
then you won't have any liability limitations, so these jackasses will 
be able to pursue your assets (house, car, wages, etc) far beyond 
whatever your sales might have been. I would advise anyone selling apps 
to incorporate early and often, considering all the sharks in the waters.



On 8/17/2011 9:41 PM, Albert wrote:

They are known to have attacked IPhone developers in the past. Maybe
they are having a go at Android??


On Aug 17, 1:56 pm, David Erosa Garcíasoul...@gmail.com  wrote:

On Wed, Aug 17, 2011 at 2:48 PM, TreKingtreking...@gmail.com  wrote:

On Wed, Aug 17, 2011 at 6:52 AM, David Erosa Garcíasoul...@gmail.com
wrote:

They have attached a screenshot of my webpage in which there are two
links, one for the lite version and another one for the full version...

Wait, they are basing their claim on your having *links* for your app on
your *website* ? Not having a link *in your free app* to the paid one?

The Claim Chart shows an screenshot of my app menu, followed by a
screenshot of my webpage (http://www.forgotten-systems.com/collage/)
pointing to the Market links. Of course there's a link to my web page
from my app...

  The other sshots are from the Market ,concretely the Buy button and
the OK button of the Purchase and allow access dialog (¿?) This
last one is related to Collecting the results of the interaction from
usersin a central location to allow for an upgrade to occur in the
product.










--- 
--
TreKing - Chicago transit tracking app for Android-powered devices
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[android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Katie Smith
David,

I'm sorry you are going through this.

I put together a list of resources for those of you that have received
letters from Lodsys. I will add to it as I find out more information.
If you have the contact information for a developer advocate at
Google, I suggest talking to them as well.

Electronic Frontier Foundation (EFF) - Julie Samuels (ju...@eff.org)
She is helping to coordinate contacts between app developers. She
might also be able to help you find a lawyer. (Not sure if you're out
of the U.S. though.)

Mike Lee's Appsterdam Alliance - http://mur.mu.rs/?p=303
(b...@le.mu.rs)
As you can see in this article, he is hoping to get developers
together to defend themselves. If you contact him, he can get you in
touch with his lawyer.

Advice on how to respond - 
http://fosspatents.blogspot.com/2011/07/cost-efficient-way-for-app-developers.html

As for comments like I for one hope that they (Lodsys) carry on
behaving like extortionist 
gangsters. It's the surest path to patent
reform as it relates to software. Thanks Lodsys! (Christopher Van
Kirk)... Maybe think a bit before you post something like that. It's
really not helpful to anyone and you will be thinking differently when
a FedEx from Lodsys shows up on your doorstep and you face a real risk
of losing your business and more.

-- Katie

On Aug 17, 4:17 am, David Erosa García soul...@gmail.com wrote:
 Hi all.

 I'm a solo developer from Spain and just received a letter 
 fromlodsysclaiming infringment for 4 US patents...
 I've been in shock since I received it an hour ago and just wanted to
 know if any of you has any kind of advise for this situation...  I do
 understand almost nothing of the lawyer-style language of the letter
 :(

 Regards.

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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread David Erosa García
On Wed, Aug 17, 2011 at 9:38 PM, Katie Smith ka...@grayfinstudios.com wrote:
 David,

 I'm sorry you are going through this.

Thanks, this is something I wish for noone...


 I put together a list of resources for those of you that have received
 letters from Lodsys. I will add to it as I find out more information.
 If you have the contact information for a developer advocate at
 Google, I suggest talking to them as well.

 Electronic Frontier Foundation (EFF) - Julie Samuels (ju...@eff.org)
 She is helping to coordinate contacts between app developers. She
 might also be able to help you find a lawyer. (Not sure if you're out
 of the U.S. though.)

Thanks, I had already emailed the EFF and waiting for a response.
To be out of the USA will be a very different situation, I guess...


 Mike Lee's Appsterdam Alliance - http://mur.mu.rs/?p=303
 (b...@le.mu.rs)
 As you can see in this article, he is hoping to get developers
 together to defend themselves. If you contact him, he can get you in
 touch with his lawyer.

I'll mail him right now!


 Advice on how to respond - 
 http://fosspatents.blogspot.com/2011/07/cost-efficient-way-for-app-developers.html

 As for comments like I for one hope that they (Lodsys) carry on
 behaving like extortionist gangsters. It's the surest path to patent
 reform as it relates to software. Thanks Lodsys! (Christopher Van
 Kirk)... Maybe think a bit before you post something like that. It's
 really not helpful to anyone and you will be thinking differently when
 a FedEx from Lodsys shows up on your doorstep and you face a real risk
 of losing your business and more.

That's right. I've received many advices like that one and I can
only think those people would not be giving such advices  if they were
the ones receiving the dammit Fedex package...


 -- Katie

Thank you, Katie.



 On Aug 17, 4:17 am, David Erosa García soul...@gmail.com wrote:
 Hi all.

 I'm a solo developer from Spain and just received a letter 
 fromlodsysclaiming infringment for 4 US patents...
 I've been in shock since I received it an hour ago and just wanted to
 know if any of you has any kind of advise for this situation...  I do
 understand almost nothing of the lawyer-style language of the letter
 :(

 Regards.

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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Christopher Van Kirk

Fear is what these guys want you to have. It makes their bank for them.

On 8/18/2011 3:38 AM, Katie Smith wrote:

David,

I'm sorry you are going through this.

I put together a list of resources for those of you that have received
letters from Lodsys. I will add to it as I find out more information.
If you have the contact information for a developer advocate at
Google, I suggest talking to them as well.

Electronic Frontier Foundation (EFF) - Julie Samuels (ju...@eff.org)
She is helping to coordinate contacts between app developers. She
might also be able to help you find a lawyer. (Not sure if you're out
of the U.S. though.)

Mike Lee's Appsterdam Alliance - http://mur.mu.rs/?p=303
(b...@le.mu.rs)
As you can see in this article, he is hoping to get developers
together to defend themselves. If you contact him, he can get you in
touch with his lawyer.

Advice on how to respond - 
http://fosspatents.blogspot.com/2011/07/cost-efficient-way-for-app-developers.html

As for comments like I for one hope that they (Lodsys) carry on
behaving like extortionist 
gangsters. It's the surest path to patent
reform as it relates to software. Thanks Lodsys! (Christopher Van
Kirk)... Maybe think a bit before you post something like that. It's
really not helpful to anyone and you will be thinking differently when
a FedEx from Lodsys shows up on your doorstep and you face a real risk
of losing your business and more.

-- Katie

On Aug 17, 4:17 am, David Erosa Garcíasoul...@gmail.com  wrote:

Hi all.

I'm a solo developer from Spain and just received a letter fromlodsysclaiming 
infringment for 4 US patents...
I've been in shock since I received it an hour ago and just wanted to
know if any of you has any kind of advise for this situation...  I do
understand almost nothing of the lawyer-style language of the letter
:(

Regards.




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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread David Erosa García
On Thu, Aug 18, 2011 at 1:15 AM, Christopher Van Kirk
christopher.vank...@gmail.com wrote:
 Fear is what these guys want you to have. It makes their bank for them.

I do really understand your point of view, but if I can barely pay my
bills... how in hell could I get into legal actions against this
guys???

Regards.



 On 8/18/2011 3:38 AM, Katie Smith wrote:

 David,

 I'm sorry you are going through this.

 I put together a list of resources for those of you that have received
 letters from Lodsys. I will add to it as I find out more information.
 If you have the contact information for a developer advocate at
 Google, I suggest talking to them as well.

 Electronic Frontier Foundation (EFF) - Julie Samuels (ju...@eff.org)
 She is helping to coordinate contacts between app developers. She
 might also be able to help you find a lawyer. (Not sure if you're out
 of the U.S. though.)

 Mike Lee's Appsterdam Alliance - http://mur.mu.rs/?p=303
 (b...@le.mu.rs)
 As you can see in this article, he is hoping to get developers
 together to defend themselves. If you contact him, he can get you in
 touch with his lawyer.

 Advice on how to respond -
 http://fosspatents.blogspot.com/2011/07/cost-efficient-way-for-app-developers.html

 As for comments like I for one hope that they (Lodsys) carry on
 behaving like extortionist gangsters. It's the surest path to patent
 reform as it relates to software. Thanks Lodsys! (Christopher Van
 Kirk)... Maybe think a bit before you post something like that. It's
 really not helpful to anyone and you will be thinking differently when
 a FedEx from Lodsys shows up on your doorstep and you face a real risk
 of losing your business and more.

 -- Katie

 On Aug 17, 4:17 am, David Erosa Garcíasoul...@gmail.com  wrote:

 Hi all.

 I'm a solo developer from Spain and just received a letter
 fromlodsysclaiming infringment for 4 US patents...
 I've been in shock since I received it an hour ago and just wanted to
 know if any of you has any kind of advise for this situation...  I do
 understand almost nothing of the lawyer-style language of the letter
 :(

 Regards.



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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Christopher Van Kirk
Turn it around for a second. Why the hell are they pursuing you when 
their expected return if you go to court is negative? These guys don't 
make any products. They have no business other than shaking down indie 
app developers with that patent of theirs, so it's not like they're 
trying to chase your product out of the market.


The answer is that they expect you to send them a check without asking 
any questions. They are probably getting a lot of checks from frightened 
developers just like you, and every check they get makes the problem 
worse for everyone because oils their engine.


What I would do if I were you is nothing. Just wait and let them make 
the first move. Don't be antagonistic, just be non-responsive. If they 
take you to court, get a lawyer and stall. Time is your friend on this 
one, I think. Their window of opportunity is closing fast. With both 
Apple and Google and nearly every other major fighting these guys it's 
not going to be long before they're either a) engaged with much more 
attractive fish than you, b) their patent is rendered null and void or 
c) Google gives them a big check to license everyone that sells in their 
market. If we're really lucky d) will happen, which is that software 
patents will be abolished.


I'm not a lawyer, so take my opinion as just that, an opinion. The only 
other thing I'd say is make sure you're incorporated so that they can't 
pursue your personal assets.


On 8/18/2011 7:32 AM, David Erosa García wrote:

On Thu, Aug 18, 2011 at 1:15 AM, Christopher Van Kirk
christopher.vank...@gmail.com  wrote:

Fear is what these guys want you to have. It makes their bank for them.

I do really understand your point of view, but if I can barely pay my
bills... how in hell could I get into legal actions against this
guys???

Regards.



On 8/18/2011 3:38 AM, Katie Smith wrote:

David,

I'm sorry you are going through this.

I put together a list of resources for those of you that have received
letters from Lodsys. I will add to it as I find out more information.
If you have the contact information for a developer advocate at
Google, I suggest talking to them as well.

Electronic Frontier Foundation (EFF) - Julie Samuels (ju...@eff.org)
She is helping to coordinate contacts between app developers. She
might also be able to help you find a lawyer. (Not sure if you're out
of the U.S. though.)

Mike Lee's Appsterdam Alliance - http://mur.mu.rs/?p=303
(b...@le.mu.rs)
As you can see in this article, he is hoping to get developers
together to defend themselves. If you contact him, he can get you in
touch with his lawyer.

Advice on how to respond -
http://fosspatents.blogspot.com/2011/07/cost-efficient-way-for-app-developers.html

As for comments like I for one hope that they (Lodsys) carry on
behaving like extortionist gangsters. It's the surest path to patent
reform as it relates to software. Thanks Lodsys! (Christopher Van
Kirk)... Maybe think a bit before you post something like that. It's
really not helpful to anyone and you will be thinking differently when
a FedEx from Lodsys shows up on your doorstep and you face a real risk
of losing your business and more.

-- Katie

On Aug 17, 4:17 am, David Erosa Garcíasoul...@gmail.comwrote:

Hi all.

I'm a solo developer from Spain and just received a letter
fromlodsysclaiming infringment for 4 US patents...
I've been in shock since I received it an hour ago and just wanted to
know if any of you has any kind of advise for this situation...  I do
understand almost nothing of the lawyer-style language of the letter
:(

Regards.



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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Jim Graham
Speaking as someone who, thankfully, is NOT a lawyer, I have to
wonder  Has anyone filed a countersuit against Lodsys?  It
would make sense, to me, at least  File for all legal and
court fees, any travel/expenses fees I racked up, plus about
$30 million in punitive damages (knowing that it would be reduced,
but why not START high, anyways?)

If their so-called business starts COSTING them money

Later,
   --jim

-- 
73 DE N5IAL (/4)MiSTie #49997   Running FreeBSD 7.0 
spooky1...@gmail.com ICBM/Hurricane: 30.44406N 86.59909W

Do not look into waveguide with remaining eye!

Android Apps Listing at http://www.jstrack.org/barcodes.html

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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Kristopher Micinski
http://news.cnet.com/8301-30685_3-20070645-264/lodsys-patent-attack-now-targets-best-buy-adidas/

Apparently getting sued by Lodsys is the new black.

Kris

On Wed, Aug 17, 2011 at 8:32 PM, Jim Graham spooky1...@gmail.com wrote:
 Speaking as someone who, thankfully, is NOT a lawyer, I have to
 wonder  Has anyone filed a countersuit against Lodsys?  It
 would make sense, to me, at least  File for all legal and
 court fees, any travel/expenses fees I racked up, plus about
 $30 million in punitive damages (knowing that it would be reduced,
 but why not START high, anyways?)

 If their so-called business starts COSTING them money

 Later,
   --jim

 --
 73 DE N5IAL (/4)        MiSTie #49997   Running FreeBSD 7.0 
 spooky1...@gmail.com ICBM/Hurricane: 30.44406N 86.59909W

        Do not look into waveguide with remaining eye!

 Android Apps Listing at http://www.jstrack.org/barcodes.html

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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Jim Graham
On Wed, Aug 17, 2011 at 08:42:33PM -0400, Kristopher Micinski wrote:
 http://news.cnet.com/8301-30685_3-20070645-264/lodsys-patent-attack-now-targets-best-buy-adidas/
 
 Apparently getting sued by Lodsys is the new black.

Please translate into English.

Thanks,
   --jim

-- 
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   Someone ever tries to kill you, you try to kill 'em right back!
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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Kristopher Micinski
On Wed, Aug 17, 2011 at 8:46 PM, Jim Graham spooky1...@gmail.com wrote:
 On Wed, Aug 17, 2011 at 08:42:33PM -0400, Kristopher Micinski wrote:
 http://news.cnet.com/8301-30685_3-20070645-264/lodsys-patent-attack-now-targets-best-buy-adidas/

 Apparently getting sued by Lodsys is the new black.

 Please translate into English.

 Thanks,
   --jim

Apparently getting sued by Lodsys is becoming fairly common these days.

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Re: [android-developers] Re: Just received Lodsys letter...

2011-08-17 Thread Brad Gies


No, and nobody is really going to file a counter suit against them. They 
have been very careful to setup their Business so that there is 
nothing to go after. After all, they had time to prepare, and they knew 
someone would try to come after them if they gave them an opportunity.



Sincerely,

Brad Gies
---
MaxHOMEValue.com
Kelowna, British Columbia, Canada
email: bg...@maxhomevalue.com
http://maxhomevalue.com  http://bgies.com
---


On 17/08/2011 5:32 PM, Jim Graham wrote:

Speaking as someone who, thankfully, is NOT a lawyer, I have to
wonder  Has anyone filed a countersuit against Lodsys?  It
would make sense, to me, at least  File for all legal and
court fees, any travel/expenses fees I racked up, plus about
$30 million in punitive damages (knowing that it would be reduced,
but why not START high, anyways?)

If their so-called business starts COSTING them money

Later,
--jim



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