InAPP Purchases: What to do about the lawsuit and do we add it to games?

I would not change any plans due to these suits.

 

Apple have responded to this (there was a piece on the front page about it) and they basically stomped on lodsys.

All this interference is over - as you were.

 

I had to answer tthe question in iTunes Connect if I had an app which can bring up copy right issues, before I could proceed.

I think Apple wants to get a list about devs with inapp purchase apps.

I have no inapp purchase enabled apps, but I plan to have at least one in the future.

I don't care about lodsys, because I am in europe and they can kiss my shiny ass. I don't care about american patent laws.

If they say, the actual dev is responsible for the system, well, in my country Lodsys has no patent on inapp purchase, so they can jump around in america as much as they want.

 

I read through the patents Lodysys base the lawsuit on, and i cant even start to imagine how the hell they are going to sue and win against Apple.

Our app has IAP in it, and all the income comes from that as well.
Im not the least bit worried about it, but thanks for bringing it up, i havent heard about it before.

 

Although Apple responded, this didn't stop Lodsys. Read that blog posted by the OP. Lodsys even goes as far as saying in their blog that they will pay every developer they have sent documents to $1k if they are wrong about their patent.

I also read yesterday about a company filing a proactive lawsuit against the Lodsys patents:
http://www.macrumors.com/2011/06/08/lodsys-patents-under-attack-as-legal-challenge-to-their-validity-commences/

This is far from over.

 

Offering developers a "bet" seems to indicate how shaky the ground is that they're stood on.

If I get any of these papers, they're going straight in the bin tbh.

 

I wouldn't worry about it. It'd probably be cheaper for Apple to handle this problem and protect the developers than let them all get into trouble and have to deal with the backlash, a significantly larger number of legal cases regarding individual devs and bad PR.

 

I've been sitting on a lite version of Cow Trouble with IAP to unlock the full game for the last couple of weeks waiting to see how this whole Lodsys thing would pan out, and just decided to submit it when they actually started suing. I doubt they'll come after us, unless we get a crapload of downloads (and if we do, well, then it's a problem I don't mind having). If worse comes to worse and they threaten us before the whole thing is resolved, I'd probably opt to just pay their stupid licensing fee. In all likelihood we'd only end up owing them a few bucks anyway

 

how is this over? i did not see anything from both parties saying this this is over. all there was apples response to lodsys claims and lodsys counter response to that.. which lead to lodsys going forward and sueing developers.. see the link in the firt post..

so how is this over when it just started?

if you don't care to release your product to the us market then you are right..

but if your location alone does not secure you from an lawsuit if you sell software in the us

the first link shows that lodsys are sueing not only us companies..

 

And what can they do?
Summon me to the US? I just don't appear. And what? LAPD comes to my home or what?

They come to me? Then they can get a nice experience from the east european mentality, how they imagined it in their worst nightmares.

They call me to germany (I have read somewhere that germany is europas texas)? The same as with the us.

I think, they have chosen to sue a few european companies even if they knew, they can't do anything, because they hope that all others shit their pants.

Come on...

I was once sued by somebody for a few hundred euros in my own country and I was even "guilty" and the judge asked me, if I can pay the money and I said "no" and he said "why did you come then here? If you don't come, case is closed, if you come, you must pay." and he wrote into the paper that I was not there. Case closed.

So I have absolutely no respect for Lodsys and the US laws and I will release my software in the US for sure if Apple allows it.

I even wish, I had an app with inapp purchase and I wish I would get a letter from those idiots...

 

well again its about the us.. lodsys could not care less where you are situated..

and of course no one will come to your home and arrest you in your eastern europe country..

if they get your app pulled and apple freezes your accounts money due to an court rouling (if its in lodsys favour) then thats your biggest problem you could face..

but you are probably to tiny to even be considered by lodsys.. so faar they only targeted mid size developer with successfull apps.

 

Then I sue Apple if they hold back my money, because they have no right to do that.

They aren't even allowed to hold my money back for taxes, because my country has an agreement with the US about double taxation.

And then I could sue Apple, because they are here in my country.

If apple would drop me telling they have nothing to do with it, although they brought the shit upon us (from Lodsys' point of view), and would allow anybody to touch my money, which is not theirs, than I think I have all right to sue them as I can't withold any money from my partners as well, if they have a disput with a third party, which I am not related to in any means.

Do you know what I mean?

I have the feeling, everybody thinks, Apple is the uber force here and we are all employees for them.
No, we aren't.

Apple is nothing else, just a business partner, an agent, who happens to provide a platform for publishing and for that service they get 30% revenue share. That's all.

They have absolutely no ownership on my money. I pay apple 30% from MY money and not the opposite! If I as a company have a disput with another company, it is our case and not apple's.

The US government could freeze US bank accounts if I had any, but they can't tell aplle to hold back my money. For what? Or do you think, the court can say that Herbert shouldn't pay you for fixing his computer, just because you owe Stefan 10 euro and Herbert should rather pay Stefan those 10 euros?

What's the logic behind that?

And what the hell has the US government to do with this? It is a private disput. They can't freeze any accounts or money, because it is not about taxes or employees, who were scammed or something like that.

 

Regardless of the situation when it comes to European companies - I certainly don't know enough about international law to sort that out - this is still very problematic for US based companies and individuals.

It seems that the best course of action is to avoid in-app purchases for now (unless you already have a license, can afford a license or are otherwise immune to litigation) as well as "online electronic forms." Unfortunately this will force me to change some plans for my game but I cannot afford the legal proceedings and do not have faith that Apple will or can resolve this issue in a timely enough manner. I'd love to be proven wrong though.

 

UM

IT is impossible for me to avoid Inapp purchases

I absolutely need the few I have when game launch

Howeve I am still searching how to actually run a server as I will need a server.

)

 

you want to sue apple.. of course.. *cough* from where? the eastern european country where you could care less about us laws? and then your going to sue an us company ahha ok.. quite logic

you should read the developer agreement you've signed

well what you say is you don't care for us law (if lodsys wins which they hopefully don't) but if apple would need to put your apps down and withhold the money due to legal reason you would go to court for that..

on one side you don't care about us law and talk about "east european mentality" and then you want to sue a company.. ok.. so only thoose laws you think are benefecial to you are right? odd.. but pointless debate.

its no private dispute if you get sued and say you don't care you live in east europe.. an us court will rule and this rule won't be in your favour if you don't even defend yourself..

and your contract is with apple us and not your local apple representative in your country..


in the end the debate is pointless anyway... lodsys has choosen their targets and will go after them, the result of that will show how things like iap etc. will be handled in the future..

i don't doubt that apple will protect its own market.. they may not care about single developers but they care about their appstore..

and if patent trolls like lodsys is painted shake up the market and get smaller devs in trouble with legal stuff chance is high alot of smaller devs will drop use of thoose or pay up the fees lodsys wants (if they win)..

we'll see how it turns out.. but its faar from over (yet)

 

You can be 100% sure, that I did. I even filled a form about the double taxation thing.
I get every penny from apple except the 30% since 2 and a half years. I am not even sure that they hold back the EU taxes.

And you are right. This discussion is pointless. I could discuss, but I don't want to. What you are saying is at least as much sucked out from thin air as that what I say, due to the fact that neither you, nor me are really educated in international copy right law, I believe.

But still: it is something different, if a us based company (which is probably one guy and exists only on paper) somewhere in redneck-land wants to sue my company about made up patents which only exist in redneck-land, than if a us company with a legal representative in my country doesn't give me my money, which we have a contract about and a proof of. Do you feel the difference?

 

Why would anyone hold back their game due to Lodsys? Continue as normal and see what the outcome is of their initial claims.

If they were that confident of their patent wouldn't they be knocking on the doors of TapJoy, Rovio and Ngcomo?

Apple think devs are covered in the license Apple holds. I'm guessing they had enough money to consult some good patent lawyers.

 

IAP is nothing more than a link. I once registered a program, another time I did it again...etc. All these years and suddenly some ass claims to own the idea? "Remove ads" is more or less what we were doing in the 80s.

Anyone who let's these GDs put them off is just giving them ammo for their bogus claims.

 

Of course everyone should continue their work.

The worst that will happen is that you get a letter from them. If their claims hold you can either sign an license agreement with them or not..

You dont need to be sued.. which seems the biggest fear of most indies.. If you dont cash in enough money they wont be interested in you yet.
If they win in court they surely will start to go after most of the devs out there but thats a huge amount of work to scan all apps on the store for infringement of their patents. So it will either take alot of time and resources for them todo so or they stick to the top lists.