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Can you defeat Lodsys for $1?
Can you defeat Lodsys for $1?
Lodsys is alleging infringement against some developers because they don’t have a license to use the Lodsys patent.
Apple has a license to use the Lodsys patent.
Solution: Sell your app to Apple.
Imagine you sold ownership of your app to Apple in return for $1 plus a percentage of sales. What could that look like?
Apple already controls the platform and distribution, so some might claim Apple already had ownership-like control, but now Apple has both the Lodsys permission, as well as a contract saying that they own the app. At that point it would seem that the "infringement" ceases, because everything is properly licensed.
Apple structured the sales contract so that the developer still has access to modify the software, and each party nets the same revenue on a sale as a standard Apple app agreement.
All developers really want is their share of the revenue split for their hard work and ingenuity. They have already “outsourced” most of the business aspects of running an app business to Apple--they don’t own the platform or distribution. Maybe they shouldn't own the legal headache either.
- benologist 15y agoIt would be kind of messy ... there's a lot of valuable IP like EA's stuff, Angry Birds etc and there's a lot of games that are available in other formats - Android, Flash, downloadable. Apple's terms would inevitably do more than merely "protect" you.
- obeone 15y agoAgreed that it could be messy. Another alternative: Apple could buy it and license it back to you: $1 for 100 year license...buy/leaseback is a reasonably common thing for all kinds of assets. I don't see that it would be necessary to give up any functional rights that you aren't already giving up by agreeing to Apple's current app terms.
- Travis 15y agoI think I would prefer to pay off lodsys rather than selling my IP to Apple. Not that I like either option, but I'd rather pay < 1% of my sales rather than let apple own it.
- obeone 15y agoOf course it doesn't stop with just <1% one time. By encouraging the "innovation tax" of the Lodsys revenue model, every half-baked patent troll would be encouraged to try to claim <1% of sales from everybody. If every developer agreed to the blackmail of 5 or 6 trolls, then there is suddenly a huge community of easy prey for potential trolls with weak claims who might not otherwise bother. If the Trolls see a big financial opportunity, then the problem gets worse. If everybody is already covered under Apple's/Google's license, then no additional revenue flows to Lodsys and they (and their ilk) see a low payoff for their troll-like behavior. If an opt-in solution like this can be found, it weakens the entire trolling community which is good for developers and innovation.