EFF Urges Apple to Support Developers Against Lodsys Patent Threat - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
Skip to Content

EFF Urges Apple to Support Developers Against Lodsys Patent Threat

in app purchase iconThe Electronic Frontier Foundation (EFF) today issued a statement calling on Apple to defend App Store developers against patent lawsuit threats from Lodsys, a company seeking licenses from developers for their use of in app purchasing and upgrade links.

The EFF lays out its case that because the developers are taking advantage of Apple's developer tools to deploy the functionality being cited in the dispute, Apple is in the best position to defend against the threat.

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.

Apple's developer agreement, however, precludes developers from turning to Apple for assistance in legal disputes, meaning the company could leave developers to fend for themselves.

Many observers have, however, argued that it is in Apple's best interest to step into the situation, shouldering the cost and effort in order to protect its valuable ecosystem of independent App Store developers. If developers are reluctant to embrace the App Store for fear of being targeted by lawsuits driven by their use of Apple technology, the platform could suffer significantly.

By putting the burden on those least able to shoulder it, both Apple and Lodys are harming not just developers but also the consumers who will see fewer apps and less innovation. 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.

Meanwhile, one week has passed since the first notices from Lodsys arrived in developers' hands, leaving two weeks until the firm's deadline for licensing passes and at which point it has threatened to file suits against the developers. Apple has yet to address the issue publicly, but the company is famous for waiting to speak until it has a firm grasp of the facts at hand rather than trying to address public relations crises as quickly as possible.

Popular Stories

duo aquarium

More Fun iPhone Duo Apps: 30 New Picks to Try

Friday November 6, 2026 3:27 pm PST by
When the iPhone Duo launched, we shared a list of some of the fun apps developers created for the new form factor. Two weeks out, developers are continuing to come up with fresh ideas, so we thought we'd share some of our favorites. Games Marbles Unhinged ($2.99) - Marbles Unhinged is a marble maze designed for the Duo. When you fold it, the floor turns into a ramp. If you stand the top...
iOS 28 AI

Apple Taking New Approach to Developing iOS 28 and macOS 28

Sunday November 8, 2026 7:42 am PST by
Apple has made a change to its development process for iOS 28, macOS 28, and corresponding software updates, according to Bloomberg's Mark Gurman. In his Power On newsletter today, he said Apple separates development of each year's new operating systems into three major stages. Typically, he said each stage consists of four weeks of coding followed by a four-week "convergence" period where...
apple pro tell logo

Apple Launching Five New Products Today

Thursday November 5, 2026 12:59 am PST by
Apple is launching five new products on Friday, November 6, following pre-orders that opened last week, including its first touchscreen MacBook Pro models. The following new products will be available from today: iPad mini with OLED display and A20 Pro chip iMac with M6 chip 14-inch MacBook Pro with M6 chip 14-inch MacBook Pro with OLED touchscreen 16-inch MacBook Pro with OLED...

Top Rated Comments

ratzzo Avatar
202 months ago
Apple should obviously aim at protecting those who have made its Store what it is today.
Score: 6 Votes (Like | Disagree)
202 months ago
Come on, Apple. Grow a pair and protect those developers that have invested in your success.
Score: 5 Votes (Like | Disagree)
202 months ago
Developers should expect something for that 30% Apple App Store tax besides just distribution.
Score: 5 Votes (Like | Disagree)
202 months ago
Apple doesn't have time to deal with this they're too busy suing everybody and their brother.
Score: 3 Votes (Like | Disagree)
ten-oak-druid Avatar
202 months ago
My opinion is that Lodsys has a right to its patent. But then I saw that Apple is complying with that patent already. Can one application of the patent require both Apple and the developers to pay patent right costs? If Apple is already paying for the use of it, does that not cover the developers selling apps within Apple's app store and running on Apple's iOS devices?

Should be interesting.
Score: 3 Votes (Like | Disagree)
HiRez Avatar
202 months ago
Apple will have to respond. But, it takes time for them to investigate these things. Patent law is notoriously obscure and convoluted and I'm sure there's many, many possibilities and potential pitfalls involved. Apple has to be very careful as to what response they make and the exact wording of it. If they're already licensing Lodsys patents themselves, it gets even trickier for them.

Look at Apple's history, they generally do not respond to anything until they have a complete, thoroughly investigated solution or explanation ready to go. iPhone4 antennas, the cel tower "tracking", the Hon Hai suicides and worker abuse allegations, the white iPhone production problems, the various security exploits, and so on. They wait until they have the full grasp of the situation before they officially respond. Which is smart but can be annoying for those with a vested interest.

While it may look like they have their head buried in the sand and are doing nothing, I'm sure that is not the case.
Score: 3 Votes (Like | Disagree)
Latest Stories
Apple's Siri Boss May Leave - Here's Who Could Take Over
Apple's Siri Boss May Leave - Here's Who Could Take Over
11 minutes ago
Apple Launching Two More New Products This Friday
Apple Launching Two More New Products This Friday
23 minutes ago
Apple Store Subscription Sign-Up Controversy Exposed
Apple Store Subscription Sign-Up Controversy Exposed
9 hours ago
Siri AI Rumored to Become 'More Like an Agent' as Early as Next Year
Siri AI Rumored to Become 'More Like an Agent' as Early as Next Year
19 hours ago
Apple Taking New Approach to Developing iOS 28 and macOS 28
Apple Taking New Approach to Developing iOS 28 and macOS 28
21 hours ago
Early Apple Black Friday Deals on Apple Watch, MacBook Air, and More
Early Apple Black Friday Deals on Apple Watch, MacBook Air, and More
2 days ago
'Backglow' Lets You Customize New MacBook Pro's Glowing Apple Logo
'Backglow' Lets You Customize New MacBook Pro's Glowing Apple Logo
2 days ago
Top Stories: Apple Product Launches, iOS 27.3 Beta, and More
Top Stories: Apple Product Launches, iOS 27.3 Beta, and More
2 days ago
More Fun iPhone Duo Apps: 30 New Picks to Try
More Fun iPhone Duo Apps: 30 New Picks to Try
3 days ago
Hands-On With Apple's New OLED Touchscreen MacBook Pro
Hands-On With Apple's New OLED Touchscreen MacBook Pro
3 days ago
Apple Store With All-New Design Opening Soon in Southern California
Apple Store With All-New Design Opening Soon in Southern California
3 days ago
Control the Glowing Apple Logo on Your New MacBook Pro
Control the Glowing Apple Logo on Your New MacBook Pro
3 days ago
Apple Shares New 'Apple Card: Apply and Use in Minutes' Ad
Apple Shares New 'Apple Card: Apply and Use in Minutes' Ad
3 days ago
Apple Says More Than 100,000 Apps Optimized for iPhone Duo, Here's What's Still Missing
Apple Says More Than 100,000 Apps Optimized for iPhone Duo, Here's What's Still Missing
3 days ago
Early Black Friday Deals Kickoff With Steep Discounts on Apple Watch Ultras and More
Early Black Friday Deals Kickoff With Steep Discounts on Apple Watch Ultras and More
3 days ago
The MacRumors Show: iOS 27.3 Looks Like a Huge Update
The MacRumors Show: iOS 27.3 Looks Like a Huge Update
3 days ago
Best Buy's Black Friday Event Begins With Sitewide Savings on Apple, TVs, More
Best Buy's Black Friday Event Begins With Sitewide Savings on Apple, TVs, More
3 days ago
Apple Releasing Yet Another Two New Products Next Week
Apple Releasing Yet Another Two New Products Next Week
3 days ago
MacBook Air Drops to Lowest Price in Months With Amazon's $250 Discount
MacBook Air Drops to Lowest Price in Months With Amazon's $250 Discount
3 days ago
Apple Rumored to Drop the iPhone's Action Button Next Year
Apple Rumored to Drop the iPhone's Action Button Next Year
3 days ago
Apple's Extended Return Policy Now in Effect for 2026 Holiday Season
Apple's Extended Return Policy Now in Effect for 2026 Holiday Season
3 days ago
Apple Music Classical Updated With New Icon and Refreshed Design
Apple Music Classical Updated With New Icon and Refreshed Design
3 days ago
OLED iPad Mini, M6 iMac, and New MacBook Pros Available From Today
OLED iPad Mini, M6 iMac, and New MacBook Pros Available From Today
3 days ago
Apple Surveys iPhone Duo Buyers About Crease and Camera
Apple Surveys iPhone Duo Buyers About Crease and Camera
4 days ago
Apple's First Touchscreen Mac is Now Arriving to Customers
Apple's First Touchscreen Mac is Now Arriving to Customers
4 days ago
Claude Gets Personal Finance Feature With Bank Account Linking
Claude Gets Personal Finance Feature With Bank Account Linking
4 days ago
Apple Arcade Adds Crossy Road Rush and NBA 2K27
Apple Arcade Adds Crossy Road Rush and NBA 2K27
4 days ago
Apple's New HomeView Smart Home Hub: Here's How Much RAM It Has
Apple's New HomeView Smart Home Hub: Here's How Much RAM It Has
4 days ago
iPad Mini vs. iPad Air Buyer's Guide: Now Just $50 Apart
iPad Mini vs. iPad Air Buyer's Guide: Now Just $50 Apart
4 days ago
First iOS 27.3 and macOS Golden Gate 27.3 Public Betas Now Available
First iOS 27.3 and macOS Golden Gate 27.3 Public Betas Now Available
4 days ago