Trying to avoid being Lodsyed...

Discussion in 'Public Game Developers Forum' started by digiva, Aug 3, 2011.

  1. digiva

    digiva Member

    May 18, 2011
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    So I'm in the process of submitting my first app to the App Store (yay!). I've been following this sad Lodsys story and I'm trying now to release only stuff which is "safe" from these patent violation accusations.

    If I've understood right, these are the problem areas:

    - In-app purchases
    - Cross-promotion of other games via "More Games" url link or similar

    Is there any others?
     
  2. blitter

    blitter Well-Known Member

    Linking to a full version from a free version would probably fall in the 'more games' category soon, if not already. Though I do not agree with that at all - or any of these software patents, someone recently said that an inventor should earn from the apps they make from the software they claim to invent.
     
  3. MrLeQuack

    MrLeQuack Well-Known Member

    Does an in game news section violate their patents?
     
  4. mr.Ugly

    mr.Ugly Well-Known Member

    Dec 1, 2009
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    according to them probably everything violates their patents *cough*

    the thing is most devs will never get a notice of lodsys just because they are not successfull enough.. if you start to rise up the ranks and make noticeable money you might appear on their radar.. but since most devs barley make a return on their investment.. its pretty safe that they are not interested into you..
     
  5. MrLeQuack

    MrLeQuack Well-Known Member

    @ mr.Ugly I was thinking the same thing, but nevertheless it's better to be safe than sorry, and all devs big or small, should be aware of these patent trolls.
     
  6. mr.Ugly

    mr.Ugly Well-Known Member

    Dec 1, 2009
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    #6 mr.Ugly, Aug 4, 2011
    Last edited: Aug 4, 2011
    whats being sorryabout ?

    you can always enter into a license agreement with lodsys and pay them their few cents a year on your game which does not make any profit.

    they want 0.575% of in app income.. (not your total income).. or a share of the income related to the linking.. whatever tiny percentage comes out of this..

    but even if you make 1 million dollars on iap on the us market youd pay them 5750k$

    so what kind of money anyone would need to pay up is something you can easily calculate.. for most devs i assume such payments would be very low.. most likely neglectable..
     
  7. MrLeQuack

    MrLeQuack Well-Known Member

    Did not know that, i thought you had to pay a lot more than that.
     
  8. digiva

    digiva Member

    May 18, 2011
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    Yes, but once you agree to pay something in the first place, there is likely to be more demands in the future. It makes you a profitable target in their records. I would not like to get into that ride...
     
  9. mr.Ugly

    mr.Ugly Well-Known Member

    Dec 1, 2009
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    well if you have a license agreement that covers their few patens you might use what other demands should there arise.. you go into a license agreement to solidify thoose claims and not negotiate every second week new..

    and if you mean "fighting" it is cheaper.. go for it..

    also what the heck is a profitable target.. you've seen the percentage they want.. combine that with poor to non sales from the majority of indie devs out there.. you are a lousy target.. if lodsys wants to go hunting down single dollar amounts.. or even cents.. they can feel free todo so.. but i highly doubt that..
    else they would have added alot more indie devs to table..

    everyone of lodsys lawyers cost more an hour than the everage indie earns in a month of his sales.. so where is the logic to throw money at tiny guys to receive a few cents or dollars back in return..?

    there is a reason they target the more visible and successfull devs out there.. because they earn money which they could nab a part off.
     
  10. digiva

    digiva Member

    May 18, 2011
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    Lodsys is not after the developers' money - that's is not their "business model" i.e. the reason why they started to contact individual developers. Their actual aim is to wake up Apple and, in the end, make a big settlement which will be worth a lot more than these "single dollars and cents", obviously.

    I wouldn't be surprised to see them contacting a lot more developers, big and small, - regardless of their assumed revenues from the App Store - in the near future to continue getting attention of all stakeholders. Indie developers here are nothing more than chips on a game board, so to say, in a battle between Lodsys and Apple.

    I, personally, like to keep distance to this stuff as much as possible. Hence I opened this topic to summarize all the features that Lodsys claims to have the patents for, to help me developing apps which stay on the safe zone.
     
  11. BravadoWaffle

    BravadoWaffle Well-Known Member

    Sep 25, 2010
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    I agree, it would be nice to get a summary. If not, I'll have to find one for myself. We are currently planning the lite/free version of RoboArena and I'm at a loss as to what I can and cannot include in the game to avoid any potential issues.

    It's easier to avoid any potential issues now since we are just planning it out rather than have to deal with any potential garbage later.
     
  12. Shaz

    Shaz Well-Known Member

    Aah, bollox to Lodsys. :D

    Our lite version just went live in NZ. UK and US to follow.

    If you're not in the US, what are they gonna do? I don't think your home government is going to extradite you to America so you can appear in court... to pay $100 in 'patent licensing'

    But anyway, most indie devs won't even be on their radar.

    Of course, after our lite version booms and our full version is cross promoted into the app store chart stratosphere - I'm expecting Lodsys to pool all their legal resouces into tracking me down personally.

    But they'll never take me alive!!!

    As I type with one hand I'm painting black stripes across my forehead with the other, whittling down logs into sharp spikes and setting booby traps all around my studio.

    C'mon, do it. C'MON. DO IT!!! DO IIIIT C'MON!!!!!!
     
  13. BravadoWaffle

    BravadoWaffle Well-Known Member

    Sep 25, 2010
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    lol, exactly my concern as well! Once RoboArena blows the roof off of the App store, every patent troll in the world will be after us too.

    I propose we form a new alliance: Developers Against Lodsys Legal Stuff!!

    Or: DOLLS for short.

    Kind of catchy right?? :cool:
     
  14. mr.Ugly

    mr.Ugly Well-Known Member

    Dec 1, 2009
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    Well lodsys is not only chasing after iap, the hole more games stuff is actualy alot bigger when it comes to usage in apps.. But since apple gives a damn about developers they are only securing their own income, which is iap and the money generated with it..

    As for lodsys of course a settlement with apple would be best for them, but then again thats not the only patent they are defending/enforcing.. So that wont be the end of the story..

    But if i recall right a few patent of lodsys will expire next year anyway, so they need to act now and act big.. Going after peanuts is a waste of time..
    Identify high income developers and enter into license agreements with them would be the logical course. If they resiste well then they sue and take it to court.

    There is a reason why they just started now with enforcing their ancient patents.
     
  15. Shaz

    Shaz Well-Known Member

    Ok, but we'll need some basic items. I'll get to work on converting my old bmx bike into a mobile assault vehicle by combining it with the parts from an old lawnmower and a some rusty garden utensils.

    Can you secure us some disguises? Also, do you have a plan? Preferably one that comes together?

    I think we should enlist Mr Ugly. I heard he has lots of gold chains too. That should help. Although I think he might be scared of flying. We might have to get a boat. He can distract Lodsys by pointing out all the obvious things that their optimistic, greedy little faces don't want to hear. We'll keep Ugly talking unrelentingly until Lodsys break down in tears. That's when we'll make our move.
     
  16. BravadoWaffle

    BravadoWaffle Well-Known Member

    Sep 25, 2010
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    I know a few LARPers, I'll procure their costumes to use as disguises. If they put up a fight... I'll threaten to cast a spell on them. That usually works. Otherwise their weapons are covered in foam, so they can't really do much damage.

    I move that we recruit/shanghai HeadCaseGames as well. He's done enough guerrilla marketing for 180... surely those skills must transfer into guerrilla warfare as well...

    Once everything is in place, we wait for the Thunder Cats signal to attack: DOLLS Hooooooooo!!!
     
  17. Shaz

    Shaz Well-Known Member

    "Computer, search for term 'LARPer' and report findings"

    "Searching... Analysing.... Reporting.... A live action role-playing game (LARP) is a form of role-playing game where the participants physically act out their characters' actions. The players pursue goals within a fictional setting represented by the real world, while interacting with each other in character."

    "Hmm, interesting. So BravadoWaffle intends to inlist the help of people dressed as orcs fighting each other with plastic swords? PERFECT! This could be exactly what we need. All we need to do is say that Lodsys are trying to sue World of Warcraft and have their servers shut down. Their anger and fury will have know no bounds. We'll have army of MILLIONS"
     
  18. mr.Ugly

    mr.Ugly Well-Known Member

    Dec 1, 2009
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    What... the... fuc* ! o_O

    You guys should not drink alcohol mid weeks.. I told you several times..

    Btw such an alliance was already formed.. Or is forming.. Or wants to form..
    whatever enrages people to loose a few dollars on us patent licenses..

    Relax sip a coffee or tea.. And then realize thats the amount they are asking for.. then relax more..

    I hope you guys noticed wulven games not being anymore in the lawsuite..i imagine they just paid their nickel and went on with business as usual.
     
  19. Shaz

    Shaz Well-Known Member

    Soooo.... are you in? I found a boat and everything. 'Cos I know you're scared of planes.

    Ok, enough with the A-Team jokes.

    Our lite version is now live in Europe. Like a great wind it shall soon swoop down across the US. A GREAT WIND! I've dedicated this app to Lodsys by packing it full of cross promotional links. I couldn't have put more links in if I'd tried.

    So you've all got no excuses not to download it now. It's actually very well made and has various interesting and unique elements. No bias of course.

    http://itunes.apple.com/app/honey-tribe-colony-collapse/id453327820?ls=1&mt=8

    Download it and have go. Or I'll get Yemi to phone you up and shout at you until you give in.
     
  20. mr.Ugly

    mr.Ugly Well-Known Member

    Dec 1, 2009
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    i have my own boat, nothing fancy but itl do.. and i'm not afraid of flying.. i don't like to drink milk.. and i don't wear any jewlery.. and i also miss an Iroquois haircut and i'm way too pale..

    and again too late..

    http://www.tuaw.com/2011/08/01/appsterdam-founder-rallies-developers-for-legal-protection/


    as for your lite.. hey its under 20 meg.. you should optimize your full version to slim down to that region too..

    as for yemi.. well he is banned again.. so we will see him soon with a different account.
     

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