It would be one thing if app developers arbitrarily chose to include the technology in apps, but they didn't. In fact, most app developers would much rather not have to include the in-app purchase option and with Apple. But, Apple made them do it. The alternative is to simply not develop apps.

The EFF sums up with, "By putting the burden on those least able to shoulder it, both Apple and Lodsys are harming not just developers but also the consumers who will see fewer apps and less innovation."

The burden here should fall on Apple. Apple needs to either renegotiate a broader licensing deal with Lodsys that comes complete with pixie dust that can be shared with third-party app developers, or it needs to modify its developer terms of services so that the use of such technology is not a requirement. The third option is for Apple to at least step in and provide the legal defense for app developers to mount an effective challenge to the Lodsys legal action.

Your move, Apple.