★ TouchArcade needs your help. Click here to support us on Patreon.

Trying to avoid being Lodsyed...

08-03-2011, 02:39 PM
#1
Joined: May 2011
Posts: 24
Trying to avoid being Lodsyed...

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?
08-03-2011, 03:41 PM
#2
Joined: Dec 2010
Location: ΖΞN
Posts: 304
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.

BubbleSand - "the best sand app"
Tetroms

08-04-2011, 06:45 AM
#3
Joined: Mar 2011
Location: In a car
Posts: 324
Does an in game news section violate their patents?

My Twitter:@Tudor
08-04-2011, 07:45 AM
#4
Joined: Dec 2009
Location: Berlin, Germany
Posts: 1,674
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..
08-04-2011, 07:52 AM
#5
Joined: Mar 2011
Location: In a car
Posts: 324
@ 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.

My Twitter:@Tudor
08-04-2011, 08:34 AM
#6
Joined: Dec 2009
Location: Berlin, Germany
Posts: 1,674
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..

Last edited by mr.Ugly; 08-04-2011 at 08:42 AM.
08-04-2011, 09:02 AM
#7
Joined: Mar 2011
Location: In a car
Posts: 324
Did not know that, i thought you had to pay a lot more than that.

My Twitter:@Tudor
08-04-2011, 09:34 AM
#8
Joined: May 2011
Posts: 24
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...
08-04-2011, 11:30 AM
#9
Joined: Dec 2009
Location: Berlin, Germany
Posts: 1,674
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.
08-04-2011, 02:52 PM
#10
Joined: May 2011
Posts: 24
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.