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On a related note, where does this put the developers who got the letter? I can't imagine that this letter just makes everything all hunky dory. How do they res

by eykanal 15y ago

On a related note, where does this put the developers who got the letter? I can't imagine that this letter just makes everything all hunky dory. How do they respond now that Apple has issued a statement?

ddagradi 15y ago
Section 2.5 of the license agreement seemingly covers developers in this case: --- 2.5 Ownership Apple retains all rights, title, and interest in and to the Apple Software and any Updates it may make available to You under this Agreement. You agree to cooperate with Apple to maintain Apple's ownership of the Apple Software, and, to the extent that You become aware of any claims relating to the Apple Software, You agree to use reasonable efforts to promptly provide notice of any such claims to Apple. The parties acknowledge that this Agreement does not give Apple any ownership interest in Your Applications --- IANAL, but they seem to have followed Apple's instructions and are, seemingly, in the clear with this response.
benologist 15y ago
I would hope it means Apple's going to tear them a new one if they continue moving against the developers, and it certainly seems like that's the next step if Lodsys continues.
bradleyland 15y ago
If Lodsys doesn't respond by retracting their letters/complaints, Apple will likely seek an injunction, preventing Lodsys from moving ahead with third-party lawsuits until the status of Apple's current license is determined in court. That's going to take time, however; and there's no guarantee that a judge will grant the injuction. If I were a developer sitting in the hot seat, I'd feel inclined to delay as long as possible, forcing Lodsys to fight an expensive legal battle with a much larger opponent. Ducking service, while often unfavorable in the court's view, would be a virtually free method of prolonging Lodsys' engagement with indie developers, and would cost them only inconvenience.
- r00fus 15y ago
  And that is how you win this kind of case... by out-waiting/spending the other side. If Apple does, in fact, gain an injunction, it almost doesn't matter what Lodsys does, as Apple can drag their case out until it's not feasible for Lodsys to fight any longer, or by winning/settling.
deleted 15y ago
[deleted]
mikeryan 15y ago
In a strange situation, Apple isn't technically a party to any of this yet. One or several will probably try to get the case dropped on the basis of Apple's claim. Or at least try to put off any litigation until Apple's claim gets backed up in court. Right now its all still saber rattling.

by eykanal 15y ago

ddagradi 15y ago

Section 2.5 of the license agreement seemingly covers developers in this case: --- 2.5 Ownership Apple retains all rights, title, and interest in and to the Apple Software and any Updates it may make available to You under this Agreement. You agree to cooperate with Apple to maintain Apple's ownership of the Apple Software, and, to the extent that You become aware of any claims relating to the Apple Software, You agree to use reasonable efforts to promptly provide notice of any such claims to Apple. The parties acknowledge that this Agreement does not give Apple any ownership interest in Your Applications --- IANAL, but they seem to have followed Apple's instructions and are, seemingly, in the clear with this response.

benologist 15y ago

I would hope it means Apple's going to tear them a new one if they continue moving against the developers, and it certainly seems like that's the next step if Lodsys continues.

bradleyland 15y ago

If Lodsys doesn't respond by retracting their letters/complaints, Apple will likely seek an injunction, preventing Lodsys from moving ahead with third-party lawsuits until the status of Apple's current license is determined in court. That's going to take time, however; and there's no guarantee that a judge will grant the injuction. If I were a developer sitting in the hot seat, I'd feel inclined to delay as long as possible, forcing Lodsys to fight an expensive legal battle with a much larger opponent. Ducking service, while often unfavorable in the court's view, would be a virtually free method of prolonging Lodsys' engagement with indie developers, and would cost them only inconvenience.

r00fus 15y ago
And that is how you win this kind of case... by out-waiting/spending the other side. If Apple does, in fact, gain an injunction, it almost doesn't matter what Lodsys does, as Apple can drag their case out until it's not feasible for Lodsys to fight any longer, or by winning/settling.

deleted 15y ago

[deleted]

mikeryan 15y ago

In a strange situation, Apple isn't technically a party to any of this yet. One or several will probably try to get the case dropped on the basis of Apple's claim. Or at least try to put off any litigation until Apple's claim gets backed up in court. Right now its all still saber rattling.