I’ve mentioned mobile app patent troll Lodsys, and the problem it represents, a number of times. Apple has committed to helping developers fight off the troll, but some iOS developers think that might not be enough and have committed to forming a collaborative legal opposition front that can possibly react faster than Apple can.
"We will let the patent trolls know: if you attack one indie, you attack all indies, and we will file every motion we can against you, we will attack your patents, and we will show you for the mafioso thugs you are," [iOS developer Mike] Lee wrote in the [blog] post [announcing the venture]. "Legal action will be the start of our three-pronged attack. Next we’ll take the fight to Washington, raising a wall of legislation against future attacks. Imagine a law that allows small software companies to opt out of the patent system."
It’s become quite clear that the patent system needs reform. When corporate trolls can operate with impunity, there can be no doubt that something has gone deeply wrong with a system that was originally intended to protect individual inventors’ creativity. Hopefully these developers will be able to fight this troll off. The particular patent that Lodsys is flogging could affect anybody who offers in-app purchases—including e-book apps (though, admittedly, that’s less of a concern now that Apple has kicked store links out of non-iBooks e-book apps).
Still, something about the idea of “opt[ing] out of the patent system” bothers me. After all, there might still be cases when individual inventors legitimately have ideas that need to be protected. It would be nice if a fair balance could be struck here.
