Patent Infringement Suits Dampen Innovation

It seems the latest way to make money in apps is to sue the pants off anyone who has a somewhat marketable idea. Lodsys in particular has become something of a patent tyrant to individual app developers who use its “in-app purchase system.” Lodsys has lodged such a wide-ranging suit that Apple Computer has now filed a countersuit against it on behalf of the hundreds of app developers named in the suit.

Much like the Winklevoss twins and Facebook, the Lodsys patent suit seems like the sad attempt of someone who once almost had a great idea trying to take the glory from those who actually had the great idea. A far better idea for Lodsys would have been to ask for a licensing fee to use their patented software instead of suing for patent infringement. Perhaps, in the long term, cooler heads will prevail. Unfortunately, to judge by the Winklevoss twins, technology spats of this caliber can go on unnecessarily for years, perhaps decades.

Among the cast of renowned developers and companies named in Lodsys’s suit are Electronic Arts, Square Enix, Take-Two, Rovio, and Atari. The sheer scope of the suit makes it somewhat preposterous. It’s the equivalent of suing the populations of nation-states for breathing a patented brand of air.

Individual app developers, frustrated by the legal conundrum, are starting to take their innovation to other countries. This is a particularly dire development for the U.S., which is already trying to shake off a heavy economic slump and its own political stupidity. Losing the next wave of commercial app development due to a wide-ranging lawsuit is yet another Incredibly Stupid Move.

There are two likely outcomes from this wave of patent infringement suits. One: app developers completely abandon popular device platforms like Apple and Android and instead seek out a new platform of their own. Two: Lodsys is reigned in, but the joy of app creation is permanently altered by the reality of litigation. Whatever happens, one thing is certain: the atmosphere of development and innovation has had its priorities drastically altered. Where there was once inspiration, there are now subpoenas.