Re: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-08-09 Thread Christopher Van Kirk
I would think 1/10th HTC would be a wildly optimistic assessment of our 
importance to Google.


On 8/10/2011 1:05 AM, Nathan wrote:

On Jul 7, 4:39 pm, JAlexoid (Aleksandr Panzin)jalex...@gmail.com
wrote:

Would you feel better if Google wrote a similar letter to Lodsys? You do
understand that that letter is just that - a letter.

Apple has not only written a letter but has motioned to intervene in
the lawsuit against seven ios developers.

So, yes, I would fell better if Google took similar actions, but I'm
not counting on it.

HTC has been paying royalties to Microsoft for what, two years? And
only recently has Google shown concern. And HTC is probably at least
ten times higher on the totem pole than we developers are in terms of
our importance to Google.

Nathan



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Re: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-08 Thread sweta android
On Fri, Jul 8, 2011 at 9:33 AM, Chris crehb...@gmail.com wrote:

 I'm guessing whatever was communicated was sent 'in confidence' and by
 emanating the contents would hurt whatever case he had.  Best to leave this
 question alone for a lil while.

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Re: RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-07 Thread JAlexoid (Aleksandr Panzin)
Question is: Are you ready to spend time and money battling over %6 of US 
sales? I don't expect that you live in Texas.
And Apple hasn't really stepped in more than Google has, don't be fooled by 
that letter.

BTW: Google has the same license Apple has. They both acquired the license 
from Intellectual Ventures.

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Re: RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-07 Thread John Coryat
 Question is: Are you ready to spend time and money battling over %6 of US 
sales?

Is this what Lodsys is asking for?

-John Coryat

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Re: RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-07 Thread String
I'm curious too, where are you getting the 6% figure?

BTW: We have no way of knowing that Google has the same license Apple has. 
All we know is that Google and Apple each obtained *a* license from 
Intellectual Ventures. It may be a reasonable assumption that the licenses 
have similar terms, but it's by no means definite. Those of us posting on 
this forum don't really know anything about the details of *either* license.

String 

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Re: RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-07 Thread Chris
I read yesterday it wasn't 6%, its 0.575% which, principle aside, is a 
paltry amount.  Here's one reference: 
http://9to5mac.com/2011/05/16/lodsys-were-not-patent-trolls-heres-why-were-entitled-to-royalties-over-in-app-purchasing/
 
- I think there's more info at Groklaw about exactly what they're asking.

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Re: RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-07 Thread John Coryat
 I read yesterday it wasn't 6%, its 0.575%

From what I understand from that link, that's what they are CURRENTLY 
receiving from Apple, not what they want from us as developers.

Does anyone who received THE LETTER have any detail as to what Lodsys is 
demanding?

-John Coryat

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Re: RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-07 Thread John Coryat
 If I get that letter, I'll reply to them to kindly...

I did that exactly once in my life and it took two years and a lot of pain 
and suffering (and legal bills) to get passed that one outburst. I was young 
and foolish at the time. 

Just remember, never respond to any legal letter with anything less than 
another legal letter.

Not heading this advice will just feed the sender with things they can put 
in front of a judge. If you want to have fun with the legal system, then by 
all means do so. For me, there is nothing fun about lawyers, judges or 
judgements.

The saying The person who legally defends themselves has a fool for a 
client. is appropriate.

-John Coryat

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Re: RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-07 Thread Miguel Morales
So, I have to find somebody to find a nice, legal way to say 'suck my
balls, your patent doesn't apply to my app?'  Ok.
Sorry, but I'm not going to let these suit retards try to get any
money from me.
Then again, I live in a shitty apartment and the most expensive thing
I own is my do, I ride my bike to places, and I buy everything with
cash.
I don't give two shits if they want to try and sue me.  Good luck
trying to find me physically.  I'll just re-register my app from my
home country of El Salvador.
I've done this with medical and towing bills and it costs them a lot
more to try to get the money from you constantly then any profit they
hoped to gain.  Eventually they gave up.
I guess if you want to be a wuss and cave in, go ahead.  But you're
further perpetuating the situation.

On Thu, Jul 7, 2011 at 10:12 AM, John Coryat cor...@gmail.com wrote:
 If I get that letter, I'll reply to them to kindly...
 I did that exactly once in my life and it took two years and a lot of pain
 and suffering (and legal bills) to get passed that one outburst. I was young
 and foolish at the time.
 Just remember, never respond to any legal letter with anything less than
 another legal letter.
 Not heading this advice will just feed the sender with things they can put
 in front of a judge. If you want to have fun with the legal system, then by
 all means do so. For me, there is nothing fun about lawyers, judges or
 judgements.

 The saying The person who legally defends themselves has a fool for a
 client. is appropriate.

 -John Coryat

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Re: RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-07 Thread Jim Graham
On Thu, Jul 07, 2011 at 10:12:49AM -0700, John Coryat wrote:
  If I get that letter, I'll reply to them to kindly...
 
 I did that exactly once in my life and it took two years and a lot of pain 
 and suffering (and legal bills) to get passed that one outburst. I was young 
 and foolish at the time. 
 
 Just remember, never respond to any legal letter with anything less than 
 another legal letter.
 
 Not heading this advice will just feed the sender with things they can put 
 in front of a judge. If you want to have fun with the legal system, then by 
 all means do so. For me, there is nothing fun about lawyers, judges or 
 judgements.
 
 The saying The person who legally defends themselves has a fool for a 
 client. is appropriate.
 
 -John Coryat
 
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Re: RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-07 Thread Jim Graham
On Thu, Jul 07, 2011 at 10:22:11AM -0700, Miguel Morales wrote:

 cave in, go ahead.  But you're further perpetuating the situation.

Based on what I read in one of the articles from the links posted earlier
(I think it was groklaw.com, or something like that), caving in is
exactly what lodsys is counting on people to do.  They see these
frivolous lawsuits as a business.  The more people fight back, the
more it hurts their so-called business.  That's one thing the articles
were very clear on---this is their business...buying vaguely-defined
patents and suing anyone who uses any portion of the descriptions in
those patents for small amounts, and hoping that people will just pay,
rather than go through the hassle of fighting back.

Btw, this is paraphrasing from either the first of the four links
posted earlier, or from the Read More (or something like that) link
within that article (or both).

If I were to get the letter, for my app that has NO billing of any kind
(or my next app, which will use the regular Market billing as a simple
paid app), I'd contact the CLRC (Cancer Legal Resource Center), get a
lawyer here in town who'd take the case for free (pro bono, I think is
the term) unless we win, and I'd sue them right back for trying to pull
me into a frivolous law suit.  That, or I'd get the lawyer to file for
reexamination of the patent, whichever the LAWYER said was the way to go.
No way would I even consider paying them.

And as everyone else has been clear to point out, I am not a lawyer,
nor do my comments here represent legal opinion.  However, as my
oncologists and the neurosurgeon who did my brain surgeries and, despite
my being right there, fully awake the same day[1], swore over and over
that my being awake that soon was absolutely impossible, that after a set
of surgeries as severe as mine, it was an absolute given that I'd be in a
coma for AT LEAST a month, will all verify, I am a stubborn SOB who will
NOT accept being attacked without fighting back twice as hard as my
attacker.  My former cancer, if it still existed, would also agree (you
know what I mean).  When I was diagnosed (26Jan2006), my soon-to-be
oncologist gave me a 50% chance of getting out of the hospital alive.  I
less-than-politely told him what he could do with his 50%.  He was glad
to hear me say that, and immediately raised it to 80%, and the next day,
to 100%.  IMHO, that's how we should all, collectively or individually,
fight back here, too.  But that is just my opinion.  Take it or leave it.

Later,
   --jim

[1] I also woke up during one of the three brain surgeries...but that's
another story

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Re: RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-07 Thread JAlexoid (Aleksandr Panzin)
Yeah... My bad. It's ~%.6. Forgot the . before 6

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Re: RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-07 Thread JAlexoid (Aleksandr Panzin)
PS: Nilay Patel did a little review for This Is My Next... 
http://thisismynext.com/2011/05/17/lodsys-sends-ios-developers-cease-and-desist-letters-in-app-purchases-on/

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Re: RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-07 Thread Chris
I don't give two shits if they want to try and sue me

Me neither.  x% of 0 is still zero.  I love that about math.

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Re: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-06 Thread Mark Murphy
On Wed, Jul 6, 2011 at 6:15 AM, String sterling.ud...@googlemail.com wrote:
 I recommend that you (and all Android devs, really) read the excellent
 article
 here: http://fosspatents.blogspot.com/2011/07/cost-efficient-way-for-app-developers.html.
 It makes abundantly clear that it's utterly irrelevant how valid the
 infringement claim is; unless you have the financial resources to fight the
 legal battle, AND are prepared to lose, you have little choice put to pay
 their demands. It's extortion, pure and simple.

Getting legal advice from Florian Mueller is roughly on par with
getting legal advice from a rutabaga... or getting hair care
instruction from me.

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Re: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-06 Thread String
I don't recall suggesting anyone retain Florian Mueller as their counsel. 
But I find it difficult to refute a number of points he makes:

   - Lodsys isn't afraid to sue, i.e. these aren't idle threats they're 
   making (note that idle != baseless).
   - Legal battles, especially over patents, are expensive. I don't mean 
   new-tablet expensive, I mean new-airliner expensive.
   - Legal battles, especially over patents in East Texas, are risky. Even 
   if Lodsys' claim looks ludicrous to you, you can't be confident of winning 
   this fight.

Can anyone here realistically dispute any of these points? Or, if not, 
present a reasonable alternative to knuckling under to Lodsys' demands?

String

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Re: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-06 Thread Mark Murphy
On Wed, Jul 6, 2011 at 6:48 AM, String sterling.ud...@googlemail.com wrote:
 Or, if not,
 present a reasonable alternative to knuckling under to Lodsys' demands?

In chronological order, here is advice from some actual attorneys
(Patrick Igoe and Mark Webbink):

http://www.groklaw.net/article.php?story=20110614184205441
http://www.groklaw.net/article.php?story=20110615111436917
http://www.groklaw.net/article.php?story=2011061608115990

Of course, as the first article notes:

Developers should not take legal advice from the Internet, and
especially not from a non-attorney blog or a software development
podcast.

--

Some sort of legal defense fund and pooled defense would seem like an
excellent idea, but somebody with standing on this issue would need to
talk to qualified legal counsel about whether this works in this case,
what are the options for funding it, etc. Some sort of Kick Lodsys
Where It Counts Kickstarter campaign might be fun. :-)

-- 
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Re: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-06 Thread Jim Graham
On Wed, Jul 06, 2011 at 07:44:27AM -0400, Mark Murphy wrote:
 On Wed, Jul 6, 2011 at 6:48 AM, String sterling.ud...@googlemail.com wrote:

 
 Some sort of legal defense fund and pooled defense would seem like an
 excellent idea, but somebody with standing on this issue would need to
 talk to qualified legal counsel about whether this works in this case,
 what are the options for funding it, etc. Some sort of Kick Lodsys
 Where It Counts Kickstarter campaign might be fun. :-)

No legal advice here, no ability to send any real money, either, but
I just wanted to wish all developers involved the best outcome possible
in this Lodsys crap.

Best of luck, everyone!
   --jim

PS:  I just barely missed being a part of this, too, having just
 decided not to go with ads/donation to remove ads for my app.
 So I definitely do feel for you all.

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Re: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-06 Thread String
On Wednesday, July 6, 2011 12:44:27 PM UTC+1, Mark Murphy (a Commons Guy) 
wrote:

Developers should not take legal advice from the Internet, and
 especially not from a non-attorney blog or a software development
 podcast.

I agree wholeheartedly. I wasn't trying to give advice either, just chiming 
in as an interested party (I believe all devs are interested parties here). 

 --

 Some sort of legal defense fund and pooled defense would seem like an
 excellent idea, but somebody with standing on this issue would need to
 talk to qualified legal counsel about whether this works in this case,
 what are the options for funding it, etc. Some sort of Kick Lodsys
 Where It Counts Kickstarter campaign might be fun. :-)

Might indeed. Interesting reading on that vein here: 
http://iptarget.blogspot.com/2011/05/troll-blasting-strategy.html
 

On Wednesday, July 6, 2011 2:04:11 PM UTC+1, Spooky wrote:

PS:  I just barely missed being a part of this, too, having just
  decided not to go with ads/donation to remove ads for my app.
  So I definitely do feel for you all.

 Just FYI, you may not have missed the fun. The whole point of patent 
trolling is an intentional misconstruing of the claims in an attempt to 
extort money from another (from the IPTarget blog). The troll doesn't care 
that you're not infringing his patent, he just wants to scare you into 
paying up.

String



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Re: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-06 Thread John Coryat
What choices do we have in regard to functions, to avoid being targeted by 
Lodsys? I'm within a couple of weeks for rolling out an upgrade to my main 
app with in-app purchasing. The last thing I want is to get one of those 
FedEx letters a month after release.

Is the Lodsys attack only against developers who use market based payments? 
What about using PayPal? I would really rather use the regular features of 
the Android market but if the result is an extortion attack from Lodsys, 
then I would rather skip that problem by using a safer alternative.

What exactly is Lodsys demanding? Do they want a cut or do they want 
everyone to stop making any money off their app? 

-John Coryat

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Re: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-06 Thread String
At the moment, Lodsys seems to be targeting any sort of a purchase mechanism 
within an app. It started with in-app purchasing (via the API) on both iOS 
and Android, but has now expanded to include upgrade links and buttons in 
free apps that send the user back to the Market to buy a paid version. I see 
no reason they wouldn't hit you for Paypal links, or any other purchase 
mechanism.

None of it is a valid claim on their patent, but that doesn't really matter 
- it's the threat that counts. So there's no specific functionality to avoid 
that will keep you out of the crosshairs; right now, it's purchase links, 
but next time it'll be something else.

String

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RE: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-06 Thread Christopher Van Kirk
I think the lawyer that Mark Murphy posted makes a more compelling argument
for resistance. The Lodsys model depends on many businesses yielding without
a fight. If Lodsys faces an uphill battle with every single patent
assertion, they'll make a loss on each one and we'll be rid of them in no
time at all. 

 

From: android-developers@googlegroups.com
[mailto:android-developers@googlegroups.com] On Behalf Of String
Sent: Thursday, July 07, 2011 12:02 AM
To: android-developers@googlegroups.com
Subject: Re: [android-developers] Re: Patent Infringement notice by Lodsys.

 

At the moment, Lodsys seems to be targeting any sort of a purchase mechanism
within an app. It started with in-app purchasing (via the API) on both iOS
and Android, but has now expanded to include upgrade links and buttons in
free apps that send the user back to the Market to buy a paid version. I see
no reason they wouldn't hit you for Paypal links, or any other purchase
mechanism.

 

None of it is a valid claim on their patent, but that doesn't really matter
- it's the threat that counts. So there's no specific functionality to avoid
that will keep you out of the crosshairs; right now, it's purchase links,
but next time it'll be something else.

 

String

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Re: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-06 Thread Miguel Morales
I would respond telling them to contact google.

The app never presents the user with any interactive method for making
a purchase.

From the app level, we tell Android that a user has selected something
that may be a product and Android checks if this something is a valid
product.  (There is no guarantee that Android will respond, this
depends on each phone.) Only then, in a process outside of the app,
does Android do the whole transfer of funds and telling the user what
exactly that product is and how much it costs.

The app knows NOTHING about the payment transfer, just the user might
have potentially 'clicked' on a item.
The app doesn't get any receipt, or any information about the user
beyond: it was a real product and was purchased, or not a valid
product.

The app NEVER initiates the purchase process, nor does it provide any
way of interaction to purchase said product.

The app NEVER stores any information about the purchase, Android
simply tells us that at some point the user purchased a certain
product.  Furthermore, product purchases can be made outside of the
phone device and because the app and the payment system are not
bundled the app is able to detect the outside purchases.

Thus, the app knows NOTHING about in-app payments.  Nothing about
handling user interaction when it comes to making the purchase, and
stores NOTHING about said payment transaction.

Google provides all of this information in a process completely
outside of the app, and simply notifies the app that a transaction
happened.  It is google that keeps track of all these transactions and
it is google that handles gathering payment information from a user.

The app never links with any google application or code that has to
with purchasing.

On Wed, Jul 6, 2011 at 10:24 AM, Christopher Van Kirk
christopher.vank...@gmail.com wrote:
 I think the lawyer that Mark Murphy posted makes a more compelling argument
 for resistance. The Lodsys model depends on many businesses yielding without
 a fight. If Lodsys faces an uphill battle with every single patent
 assertion, they’ll make a loss on each one and we’ll be rid of them in no
 time at all.



 From: android-developers@googlegroups.com
 [mailto:android-developers@googlegroups.com] On Behalf Of String
 Sent: Thursday, July 07, 2011 12:02 AM
 To: android-developers@googlegroups.com
 Subject: Re: [android-developers] Re: Patent Infringement notice by Lodsys.



 At the moment, Lodsys seems to be targeting any sort of a purchase mechanism
 within an app. It started with in-app purchasing (via the API) on both iOS
 and Android, but has now expanded to include upgrade links and buttons in
 free apps that send the user back to the Market to buy a paid version. I see
 no reason they wouldn't hit you for Paypal links, or any other purchase
 mechanism.



 None of it is a valid claim on their patent, but that doesn't really matter
 - it's the threat that counts. So there's no specific functionality to avoid
 that will keep you out of the crosshairs; right now, it's purchase links,
 but next time it'll be something else.



 String

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Re: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-06 Thread John Coryat
 I would respond telling them to contact google.

I wish it were that simple. I think we all know that this is a totally bogus 
attempt by a blood sucking company to extort developers. 

Lodsys filed a suit against some big boys today:

http://news.cnet.com/8301-13578_3-20076975-38/lodsys-files-suit-against-new-york-times-five-others/

This may bring the issue to some closure or just escalate it into a battle 
that will have an end eventually. I'm hoping something happens with this 
before I get the letter myself. I'd like to start using in-app purchases but 
if the threat of a lawsuit is still around, I may just hold off making those 
features available until this problem is resolved.

-John Coryat

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Re: [android-developers] Re: Patent Infringement notice by Lodsys.

2011-07-06 Thread Jim Graham
On Wed, Jul 06, 2011 at 06:59:50AM -0700, String wrote:
 On Wednesday, July 6, 2011 12:44:27 PM UTC+1, Mark Murphy (a Commons Guy) 
 wrote:
 On Wednesday, July 6, 2011 2:04:11 PM UTC+1, Spooky wrote:
 
 PS:  I just barely missed being a part of this, too, having just
   decided not to go with ads/donation to remove ads for my app.
   So I definitely do feel for you all.
 
  Just FYI, you may not have missed the fun. The whole point of patent
  trolling is an intentional misconstruing of the claims in an attempt
  to extort money from another (from the IPTarget blog). The troll
  doesn't care that you're not infringing his patent, he just wants to
  scare you into paying up.

So they're going after ALL devs with an app out there?  Even free apps
without any form of payment option at all?  That sucks.

Later,
   --jim

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