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Comment by comboy | Hacker News Reader

Couldn't Google offer defense in such cases for its users? Every case is the same so it shouldn't even be that expensive (I guess, IANAL), and it would discourage future cases because the troll would know he will have to fight against Google.

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Yea they could in multiple ways. They could sue to the troll for a declaratory judgement of invalidity and non infringement. Or they just indemnify their app stor developers for any patent liability caused by using their product.

>Or they just indemnify their app stor developers for any patent liability caused by using their product.

What about actual patent violations?

IANAL, but I don't think there's a reason they couldn't indemnify against patent lawsuits regarding the distribution of applications through their services, while not indemnifying for patent violations in the applications themselves.

>their product

"Their" in this case being "Google Play" product and any liability arising from the use of thereof.

Good guy Google should definitely be stepping in here

I won't hold my breath

I guess I am stupid, why isn't Google the defendant, other than the fact they have too much money. This is like being sued for shopping at the wrong store.

Because it's easier to make money going after small business knowing these business can't afford a lawsuit.

One of these troll companies made $30 million a year doing this and they are even listed on the stock exchange!!

Which listed company is that though

The problem is that the "patent" (fucking loose term of the word for something that should never have been allowed to be filed) is about the use of the code in question. It's not the App Store that is supposedly infringing, it's the use of the App Store. What a joke.

Doesn't Google use the Play Store to distribute their own apps like Sheets, Docs, Drive etc.

Yes but they are not going to sue Google, that is the problem

Right. But the patent troll doesn't want to go after a large corporation with the resources to defend. Much easier to go after the thousands of individuals / small businesses that can't fund a 5 year court battle.

As I understand, patent liability doesn't stop at any point. So your customers can be sued for using your infringing ptoduct. This has the effect of letting patent owners choose who to go after.

He answers this in the FAQ at the end of the video: Because Google is big enough that it could defend itself.

Yes, that is part of the patent law. 35.271.a: ... whoever without authority makes, uses, offers to sell, or sells any patented invention ... infringes the patent.

That is why that one copier patent troll (can't remember the specifics) files suit against businesses that purchase copier, but not the manufactures themselves.

I do feel like when a similar thing happened with the iOS App Store (app devs sued for using in-app purchases), Apple tried to insert itself into the case saying that all the technology used was theirs.

Or at least they could join with some other companies to pool money towards a software trade association with real teeth that we can rely on to represent our industry's interests when it's under attack like this.

It's appalling how limp this business is when it comes to demonstrating political muscle

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