In a move that has surprised many, fruity cargo cult Apple has stepped up to the plate to defend its app store developers from a patent troll.
Apple has been quiet since iOS developers started moaning about getting lawyerly letters from an outfit called Lodsys demanding cash for its technology being used in their software.
Apple had paid for a licence for the technology and has warned Lodsys that it is fully prepared to defend Apple’s licence rights.
In short it is declaring war to defend its app ecosystem from threats by “patent trolls”.
According to the Guardian, Apple’s legal team has shot back with a legal letter that indicates that the multi-billion dollar outfit is not happy outfit.
Bruce Sewell, the head lawyer in Apple’s legal department, and latterly at Intel, has penned a stiff missive to Mark Small, the chief executive of Lodsys.
He said that Apple was a licensee of the relevant patents and the Apple App Makers are protected.
He said that there was no basis for Lodsys’s infringement allegations against Apple’s App Makers, and the outfit should sling its hook.
Sewell systematically pulled apart Lodsys’s reasoning against a number of app developers who had been served with legal papers.
Lodsys’s claim against the developers is invalidated because “the allegedly infringing acts require the use of Apple’s APIs to provide two-way communication”, as well as the physical memory which is provided again by Apple and claims as its “central location” the Apple App Store.
In short, the technology that is targeted is technology that Apple is licensed under the Lodsys patents to offer to Apple’s App Makers, Sewell said.
Apple has insisted that Lodsys immediately withdraw all notice letters sent to Apple App Makers and cease its false assertions that the App Makers have infringed any Lodsys patent.
We doubt that Lodsys will go away, but it is nice to see Apple do the right thing for developers. It is probably a sign of the Apocalypse, that and me praising something that Jobs’ Mob has done.