Image via CrunchBaseDigital rights group, Electronic Frontier Foundation, has asked for refuge of Apple Inc. in supporting the iOS developers, from the risk of having a patent lawsuit at their hand from Lodsys. This patent lawsuit accuses the app developers for using the in-app purchasing feature of iOS. In a blog post published on Friday, EFF staff attorney, Julie Samuels, stated that the developers are extremely troubled over "Apple's failure to defend" its third-party iOS developers. She revealed that the official letter from Lodsys was received last week accusing the company to be infringing on a patent which apparently includes in-app purchasing functionality, Lodsys even gave an official warning to the developers to license their said technology within next 21 days or they will have to face legal action.
In the blog post, she wrote that "We've been waiting expectantly for Apple to step up and protect the app developers accused of patent infringement solely for using a technology that Apple required they use in order to sell their apps in Apple's App Store." Defending the accusations which label the company to be a 'patent troll,' Lodsys justified the actions of the company by pointing out that only the licensed technology of Apple does not cover any third-party developers. It was further stated that both Apple rivals, Google and Microsoft, also have similar licensed technology from the company.
EFF has been arguing strongly, since Apple is responsible to provide and require the use of this feature in iOS, it should be the one defending the developers. It was asserted that majority of these developers; even have "lacking the resources" for any legal confrontation. Samuels declared that the problem is a "misallocation of burden" since developers should not be the ones investigated for Apple technologies, whether they are providing infringement on preexisting patents or not. She mentioned in the blog post that "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." Further stating "We hope that going forward companies like Apple will do what's right and stand up for their developers and help teach the patent trolls a lesson."
Many reports are claiming that Apple is critically eyeing the "investigating actively” the claims of Lodsys since a week, though there is no official reference or commitment to defend the developers being accused.
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