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Posts tagged with "developers"

Apple Officially Responds To iOS Devs Hit By Lodsys Patent Claims [Updated]

According to a number of tweets from iOS developers hit by Lodsys’ patent infringement claims in regards to in-app purchases and upgrade buttons, Apple has started sending out emails earlier today with legal documentation about Lodsys’ claims. While the contents of the entire email and letter haven’t been posted yet, the first details have started making the rounds of Twitter as Apple is apparently offering support to iOS developers by helping them defending against Lodsys patent infringement claims.

The first paragraph of the email has been posted by Craig Grannel at Revert To Saved:

There is no basis for Lodsys’ infringement allegations against Apple’s App Makers. Apple intends to share this letter and the information set out herein with its App Makers and is fully prepared to defend Apple’s license rights.

The Loop has posted another paragraph of the email, with more coming soon:

Apple is undisputedly licensed to these patents and the App Makers are protected by that license,” wrote Bruce Sewell, Apple Senior Vice President and General Counsel.

From what we can gather so far, it appears Apple is asking Lodsys, and CEO Mark Small, to withdraw letters sent to developers as they’re already covered by Apple. We’ll update this story with more details as they become available.

Another excerpt from Apple’s email confirms that the company believes developers shouldn’t pay any licensing fee because Apple’s already licensed to use Lodsys’ patent and offer the technology to third-party App Store developers through software development kits and  APIs:

Thus the technology that is targeted in your notice letters is technology that Apple is expressly licensed under the Lodsys patents to offer to Apple’s App Makers. These licensed products and services enable Apple’s App Makers to communicate with end users through the use of Apple’s own licensed hardware, software, APIs, memory, servers, and interfaces, including Apple’s App Store. Because Apple is licensed under Lodsys’ patents to offer such technology to its App Makers, the App Makers are entitled to use this technology free from any infringement claims by Lodsys.

Update: full text of the letter sent by Apple to Lodsys’ CEO Mark Small has been posted by Macworld. A few notable excerpts:

Because I believe that your letters are based on a fundamental misapprehension regarding Apple’s license and the way Apple’s products work, I expect that the additional information set out below will be sufficient for you to withdraw your outstanding threats to the App Makers and cease and desist from any further threats to Apple’s customers and partners.

First, Apple is licensed to all four of the patents in the Lodsys portfolio. As Lodsys itself advertises on its website, “Apple is licensed for its nameplate products and services.” See http://www.lodsys.com/blog.html (emphasis in original). Under its license, Apple is entitled to offer these licensed products and services to its customers and business partners, who, in turn, have the right to use them.

Through its threatened infringement claims against users of Apple’s licensed technology, Lodsys is invoking patent law to control the post-sale use of these licensed products and methods. Because Lodsys’s threats are based on the purchase or use of Apple products and services licensed under the Agreement, and because those Apple products and services, under the reading articulated in your letters, entirely or substantially embody each of Lodsys’s patents, Lodsys’s threatened claims are barred by the doctrines of patent exhaustion and first sale.

The conclusion of the letter:

Therefore, Apple requests that Lodsys immediately withdraw all notice letters sent to Apple App Makers and cease its false assertions that the App Makers’ use of licensed Apple products and services in any way constitute infringement of any Lodsys patent.

Contrarily to speculation and rumors posted in the past week, Apple isn’t avoiding the situation and is now actively taking part in backing independent developers hit by Lodsys claims of patent infringement in applications that use Apple’s own iOS SDK. By reassuring that developers shouldn’t pay any licensing fee because Apple is already licensed to offer the technology behind the App Store and in-app purchases, the company is taking a firm position in defending its ecosystem and “app makers.” Several bloggers and patent experts tried to analyze the patent claims over the past two weeks, with the EFF even coming out and saying Apple should have stepped in and started defending its iOS devs right away. As usual Apple has taken its time to study the issue and come up with facts, and is now simply asking Lodsys to withdraw every notice letter and infringement claim sent out to developers.

EFF Calls On Apple to Protect iOS Developers→

EFF Calls On Apple to Protect iOS Developers

This is a problem that lawyers call a misallocation of burden. The law generally works to ensure that the party in the best position to address an issue bears the responsibility of handling that issue. In the copyright context, for example, the default assumption is that the copyright owners are best positioned to identify potential infringement. This is because, among other reasons, copyright owners know what content they own and which of their works have been licensed. Here, absent protection from Apple, developers hoping to avoid a legal dispute must investigate each of the technologies that Apple provides to make sure none of them is patent-infringing. For many small developers, this requirement, combined with a 30 percent fee to Apple, is an unacceptable cost. Even careful developers who hire lawyers to do full-scale patent searches on potential apps surely would not expect to investigate the technology that Apple provides. Instead, they would expect (with good reason) that Apple wouldn’t provide technologies in its App Store that open its developers up to liability – and/or would at least agree to defend them when a troll like Lodsys comes along.

The Electronic Frontier Foundation (EFF) thinks Apple should stand up for its developers and protect them from patent trolls like Lodsys, who are asking for licensing fees on a technology provided by Apple itself to developers through the SDK. We’ve been following the debate surrounding Lodsys for over a week now, and whilst The Guardian reported Apple would issue an official response this week, nothing has come out of Apple’s legal department yet – though Apple is well known for taking its time before addressing issues publicly. Several bloggers in the past days have suggested Apple may use the WWDC stage to speak directly to developers and explain the situation with in-app purchases, patents and Lodsys, even if the company previously announced that the WWDC would simply offer a preview of the future of iOS and OS X.

The EFF’s letter to Apple resonates with a common sentiment among developers and the tech press – Apple should defend developers and the iOS ecosystem from being threatened by trolls and patent infringement claims.

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Second Build of Mac OS X 10.6.8 Seeded to Developers

Last night, Apple seeded the second build of Mac OS X 10.6.8 to developers. The new build, weighing at around 1 GB, carries number 10K524 and it’s available now for download in the Mac Dev Center. According to people familiar with the new release, focus areas mentioned in the seed notes are still AirPort, Graphics Drivers, Mac App Store, Networking, QuickTime and VPN.

The first build of 10.6.8 was seeded last week on May 13, coming as a surprise for those who thought Mac OS X 10.6.7 would be the last Snow Leopard update. Apple is expected to unveil the final version of 10.7 Lion at the WWDC in June with a public release this summer, leading many to believe 10.6.8 will be the last maintenance update for machines running Snow Leopard.

Apple Temporarily Freezing In-App Purchase Approvals?

TUAW reports a number of iOS developers have been unable for over a week now to get their in-app purchase content approved by Apple, as the company requires in the iTunes Connect developer portal to test IAP with a test user account, but this account has been offline with no explanation from Apple.

As a matter of policy, Apple requires developers to test in-app purchases (IAP) with a test user account before the application in question can be approved. Unfortunately, this test account has been offline for a week now with no word as to why. If you are a developer, you can see the relevant thread on Apple’s own developer forums here.

Whilst the impossibility to test in-app purchases and thus get the additional content approved may simply be a technical error on Apple’s side, it looks rather curious considering the recent debate surrounding Lodsys and its patent infringement claims against independent iOS developers. As TUAW notes, this can be a simple coincidence that has nothing to do with Lodsys, but The Guardian reported yesterday Apple was “actively investigating” the claims that hit iOS devs, so there’s a chance Apple might have suspended IAP approvals before a decision is made.

If you’re a developer and have encountered a similar error, let us know in the comments. More information is available on the Dev Forums.

Update: the iTunes Connect Developer Guide was updated on 5/11 including some changes to in-app purchases, but we can’t confirm whether these changes are related to the inability of testing in-app purchases with a test user account. The ITC Developer Guide can be found here.

Improvements to In-App Purchase creation and edit flow. The Manage Your In-App Purchases module is no longer available on the homepage of in iTunes Connect. In-App Purchases can now be managed from the app summary page for a specific app within the Manage Your Applications module.

[Thanks, Jason]

Update #2: TUAW reports the issue seems to be resolved.

Going to WWDC? Find The Perfect Party With This App

In about 20 days from now, the city of San Francisco will see thousands of knowledge-hungry Mac and iOS developers arriving from all parts of the globe to attend the WWDC, Apple’s annual developer event that this year officially kicks off on June 6. With Apple showcasing the next version of iOS and Mac OS X Lion on stage, plus other cloud-related services we’ve heard about in the past weeks, there’s the chance this year’s WWDC is going to be one of those to be remembered for years to come. Not to mention the Apple Design Awards, for the first time counting both Mac and iOS applications that provided an example of excellence and developer craftsmanship throughout the past months of App Store availability.

I’ve never been to WWDC, but I have a pretty solid feeling it’s not just about Steve Jobs, Forstall’s perennial surprised face, Cocoa and sessions. From what I hear, there are some wild parties and dinners going down in San Francisco during the WWDC. After all, those tired developers deserve some fun after a day of CoreAnimation training and ADAs tension, right? Meet Party List, a free iPhone app that everyone who’s going to WWDC this year should download. The app? It basically gives you a list of “all the hippest, kewlest, craziest, and down right awesomest parties” happening during WWDC. Then, you save a party to your favorites and you go there – simple. To promote and event you’re organizing, just get in touch with the developers and ask them to include it in the app. That’s it.

Party List is free – attending the WWDC, of course, is not. I won’t be in San Francisco to record my experiences with developers, parties and drinks with Scott Forstall, but if I could come, I’d certainly put Party List on my homescreen. The app even supports push notifications – now, here’s something I wish Apple will fix come June 6.

Lodsys Vs. iOS Developers Patent Claim FAQ→

Lodsys Vs. iOS Developers Patent Claim FAQ

FOSS Patents has posted a lengthy and interesting FAQ-style blog post detailing many of the implications behind Lodsys’ patent infringement claims against iOS developers:

8. How can an app dev be liable for just implementing Apple’s in-app purchase API?

Some developers have pointed out that basically they just implement Apple’s in-app purchase API. So they wonder whether this can expose them to liability for patent infringement or is actually something Apple needs to take care of.

The whole thing is a must read if you’re interested in knowing more about Lodsys, iOS developers, the implementation of in-app purchases, and Apple. Just to recap: Lodsys first sent a number of legal notices to some independent iOS developers claiming they were infringing a patent for in-app purchase buttons and upgrade links. After all the debates that quickly spread online, Lodsys explained why they are doing what they’re doing and how much they’re asking for licensing fees. This morning, more developers – including The Iconfactory – received Lodsys’ notices and The Guardian reported Apple’s legal department was looking into Lodsys’ claims.

Update: Nilay Patel at This Is My Next offers one of his usual breakdowns, this time outlining the history of Lodsys and original patent inventor Dan Abelow, detailing a possible outcome for Apple in this whole story:

So now you know almost everything you need to know about Lodsys, Dan Abelow, and ’078 — he’s a serial inventor with a number of patents, and he sets up shell companies to collect royalties on them. It’s legit on paper, but it’s definitely shady and disheartening to see Lodsys go after small developers for such tiny amounts of money. But it makes a certain kind of evil sense: Lodsys can’t engage Apple directly because of Cupertino’s existing ’078 license, so it’s going after app developers as a way to pressure Apple into re-working the agreement to cover apps. I would imagine that such an expansion will cost Apple a pretty penny, wouldn’t you?

In that context, the single most critical factor in this situation is the exact scope of Apple’s license to ’078. It’s entirely possible Apple’s license already covers app developers and Lodsys is just trying to double-dip, but we simply can’t know that without seeing the license and fully evaluating Lodsys’s patent claims against Apple’s code. I can only assume Apple’s lawyers are busily investigating that right now — and I’d imagine the various iOS developers that received letters from Lodsys are impatiently waiting to hear from them.

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Apple “Investigating” Lodsys Claims, Official Response Later This Week

Following Lodsys’ response to the debate surrounding the patent infringement claims they sent to a number of iOS developers last week, The Guardian reports Apple is “actively investigating” these claims, with an official response expected to come from the company later this week.

Apple’s legal department is understood to be “actively investigating” claims by Lodsys, a patent holding company based in Texas, to have a claim against iPhone and iPad developers who use in-app purchase systems. So far Lodsys has served papers on about a dozen iOS developers who it says are infringing its patent 10/732,102, which it bought in 2004 from the inventor, who filed it in the 1990s, covering user interaction over a network.

Apple is not expected to respond to the claims, which have been passed to it by affected developers, until later this week.

Last week, Lodsys sent legal notices to some iOS developers who were using in-app purchases and upgrade buttons in their iPhone and iPad applications, claiming the implementation of this kind of upgrade process was patented and subject to licensing fees. The debate the followed the blog posts and tweets from developers who didn’t understand how it was possible to infringe a patent while using Apple’s own SDK quickly made Lodsys write a series of blog posts detailing how the company was already licensing the patent to Apple and Google, but not to indie developers. Lodsys is asking for a 0.575% fee of US revenue over the period the technology was implemented, giving developers 21 days to decide whether or not they want to license the patent. Lodsys also explained that Apple can’t extend the rights of the patent to third-party developers, in spite of its intention to build a eco-system revolving around a single SDK to write software for iPhones and iPads. This left many developers wondering whether in-app purchases were still a feasible option, considering Apple’s 30% cut off every transaction and the newly discovered legal implications.

In the meantime, Lodsys is sending more legal notices to other developers, with The Iconfactory apparently receiving one this morning as tweeted by co-founder Talos Tsui and James Thomson, the first developer who got hit with Lodsys’ patent claims. Notably, The Iconfactory has the popular Twitter client Twitterrific for iPhone and iPad available in the App Store, featuring an upgrade button to remove advertising with in-app purchase.

Lodsys Responds to iOS Developers Over Patent Infringement Notices

Last Friday there was news that a number of independent developers for the iPhone and iPad had received legal warnings that they were violating patents that Lodsys owned. Suffice to say it sparked an outcry from developers, users and commentators; few had anything nice to say of Lodsys. Well today they have responded to a number of criticisms on their website in a series of Q&A posts. The key patent in question was that of Dan Abelow who sold his portfolio of patents to Lodsys back in 2004.

Its first response was in regards to the fairly frequented notion that Lodsys is a “parasite, troll, should die etc.”, they respond to this in saying that they are just like any other company who sells a product or service – they try to “get value for the assets it owns”. They write in the post “threats and irrationality don’t help.  In particular, the death threats are seriously uncool.”

As for the question of the patents being “too broad”, Lodsys notes how easy it is too look back in hindsight, saying “of course this is how everyone is going to do it”. In response to patent licensing being unethical and similar questions, they say that it seeks an economic return to sell their patent assets, completely legal and furthermore citing the notion that patent licensing encourages future invention.

As for why they directly contacted developers and not Apple, they say it is because Apple (as well as Microsoft and Google) has already licensed the patents in question. They claim that they cannot provide the third party developers with the rights to the patent, and Apple hasn’t approached Lodsys for the purpose of attaining an eco-system-wide license for the patents. They say their goal is not to prevent developers from using the technology, rather that it is to popularize it and charge a relatively small license for it.

They claim in multiple areas that they specialise in efficiently selling rights to patents, they say that by having a consistent price model it also means independent developers aren’t unfairly disadvantaged.

As for how much developers will need to pay, Lodsys clarifies that the in-app purchasing mechanism for example would cost a developer 0.575% of their US revenue over the period the technology was implemented until the patent expires. It gives an example of an app that earns US$1 million in one year would pay US$5,750.

[Via TheNextWeb]

You can read all of Lodsys’ responses on their blog.

Xcode 4.1 Developer Preview 5 Released

Alongside an update to Mac OS X Lion Developer Preview, Apple also released a new build of Xcode 4.1 to developers. Xcode 4.1 Developer Preview 5 is available now for download in the Mac Dev Center, and requires the installation of Lion Developer Preview 3, released through Software Update.

This is a pre-release version of Xcode 4.1 for both Mac and iOS development. This release requires Mac OS X Lion Developer Preview 3 and includes iOS SDK 4.3.

The first build of Xcode 4.1 was released in February after the first Lion Developer Preview, with new builds following the release of Lion Developer Preview updates.