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Sunday, June 12, 2011

Apple to Lodsys: Now, Youse Can’t Leave

Apple to Lodsys: Now, Youse Can’t Leave
JUNE 10, 2011 AT 1:00 PM PT



Lodsys has really stepped in it now.
Apple has filed a motion to intervene in the patent infringement lawsuits that the patent holding company has brought against seven iOS developers, a move that could add significant legal heft to their defense.
Filed in the Eastern District of Texas, the motion explains that developers who’ve been targeted by Lodsys “are individuals or small entities with far fewer resources than Apple and … lack the technical information, ability, and incentive to adequately protect Apple’s rights under its license agreement.”
So Apple would like to intervene on their behalf.
“While the Developers will likely be interested in resolving this case as quickly and inexpensively as possible, Apple’s interest is in protecting its broader license rights with respect to thousands of App developers for Apple products who may be the subject of future Lodsys lawsuits or threats.”
In other words, Lodsys, which has been harassing independent developers who lack the means to fend off its litigation, may soon find itself grappling with Apple legal, which is an ugly, ugly proposition indeed.
The situation reminds me of a scene midway through “A Bronx Tale” in which a group of bikers disrespect a local Mafia don’s bar (video below). When asked to leave, they refuse. The don walks over to the door, locks it — trapping the bikers inside, turns to them and says, “Now, youse can’t leave.” A group of heavies emerges from the back of the bar and beats the bikers senseless, while this narration runs in the background.
“I will never forget the look on their faces. All eight of them. Their faces dropped. All their courage and strength was drained right from their bodies. They had a reputation for breaking up bars, but they knew that instant, they’d made a fatal mistake. This time they walked into the wrong bar.”
If the court grants Apple’s motion to intervene, Lodsys may have just done the same.

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