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Disclosure: I am a low level C API developer, so I have a lot of self interest in this.

The problem that I have with a blanket indemnification like this is how large the coverage could be. Sure, you should cover cases that involve your business model, like the app store or IAP, but what about cases that are just usage of functionality?

Hypothetically, if the patent was over the shape of the buttons used(which would be more of a copyright or trademark issue, admittedly), and that changing the shape would make it not infringe, should the API owner, cover that? Or if the API is used as an input or output for a patented algorithm, like an audio or video codec, should that be covered? I honestly don't believe that the API owner should cover either of those cases, because they are too broad, and make them responsible for a LOT more cases than before.

In this case, however, I do agree that Apple, Google, and a LOT of other companies(Valve, Sony, and MS because of gaming DLC) have a vested interest in squashing the trolls as quickly as possible, because this patent covers a good portion of their business models for their markets.



If they were to go broad'ish with and indemnification, it would probably have the effect of scaring off the true trolls since they would know at some point, they'd need to face someone with deep-pockets.

The strategy here, is to go after the smallest pocketed person you can find, get a settlement, and then use that to go after the next. Get enough settlements and you can you establish precedent.




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