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Amazon Sued for Patent Infringement 304

theodp writes "Amazon's 10-K SEC filing discloses that the e-tailer has been sued for infringing on Soverain Software patents for Network Sales Systems (5,715,314 & 5,909,492) and Internet Server Access Control and Monitoring Systems (5,708,780), aka the Open Market patents, aka the Divine cashectomy patents, which Soverain obtained in the wake of Divine's bankruptcy sale."
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Amazon Sued for Patent Infringement

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  • Re:Not Another One! (Score:4, Interesting)

    by gid13 ( 620803 ) on Friday February 27, 2004 @01:16AM (#8405474)
    Evolution, my friend.

    The only way to stop it is to change the conditions the companies live under. To make it impossible or disadvantageous to patent and litigate. My personal suggestion is (and has been for some time) to completely abandon patents and copyright. All they are to me is children whining "I thought of it first".
  • by nmoog ( 701216 ) on Friday February 27, 2004 @01:18AM (#8405490) Homepage Journal
    They basically announced that they now own the Internet market

    Couple this patent with the Eolas [slashdot.org] patent and you pretty much own the whole shebang.
  • It's Official (Score:5, Interesting)

    by MooseByte ( 751829 ) on Friday February 27, 2004 @01:20AM (#8405497)

    It's official - software development is now a relic of the Old Economy where companies actually create products. So passe'. The New Economy is all about data mining for litigation.

    And then while we're too busy in the courtrooms to notice, and our production skills so atrophied from lack of use, the aliens will land and take over.

    "It's a cookbook!!!"
  • HA! (Score:3, Interesting)

    by GoMMiX ( 748510 ) on Friday February 27, 2004 @01:25AM (#8405524)
    It's about time. I'm sure this is redundant by the time I make this post - but my God, Amazon deserves this. They've been patenting (as you all know) EVERYTHING they could POSSIBLY come up with. Sure sucks when you get kicked in the arse with your own boot, eh! Seriously, though - Amazon gets a patent for 1-click purchases - that's a dumb as the Aussie who re-patented the wheel. BTW, if this post is modded troll - I blame it on the beer. Which BTW is Bud Light - gotta support BudNet!
  • by Monty845 ( 739787 ) on Friday February 27, 2004 @01:26AM (#8405528)
    I don't know much about the patent laws but it seems to me that companies that use concepts that someone patented, and who implemented them with no knowledge of the patent shouldn't be able to be sued. I shouldn't be expected to research to determine if the solution I came up with on my own is patented. The burden of proof should require that the infringment was wilful. As a pratical matter someone who didn't wilfully infringe in the first place would have to be able to coninue using what ever was patented... Maybe I just don't see the big picture...
  • by G-funk ( 22712 ) <josh@gfunk007.com> on Friday February 27, 2004 @01:39AM (#8405607) Homepage Journal
    Of course, at this current time the world is pretty much run by huge corporations who lobby with millions of dollars to politicians, but soon in the future, laws will be passed, and that problem will be gone.

    Unfortunately, this part is pure fantasy. If you want to get in power, you need money. To get money, you need to promise favours/sell out to the people with money. With shitloads of money, enough to spare some on politicians. Thus effectively, the people with shitloads of money are the ones who make policy. The interests of people with [shitloads of money|power] and those of the common man will never coincide. The only way to keep shitloads of money/power and have it mean something, is to make sure the average man has a lot less than you.

    Of course thes problems all go away if the people revolt and make sure that the ones who want power never have it.

    </rant>
  • Hiding in my bunker (Score:5, Interesting)

    by teetam ( 584150 ) on Friday February 27, 2004 @01:44AM (#8405639) Homepage
    I am going to be hiding in some bunker in a fetal position (unless that is patented too) because very soon, individuals like us won't be able to do anything without law enforcement arresting us. FBI (and RIAA) monitors my internet activity waiting to catch an illegal thought (or illegal byte). Corporate lawyers are watching everything every small biz does, to see if we violated any patents or copyrights, so that they can sue our savings out of us. Where is the freedom that we constantly preach to others?
  • See this little bit of history of patents. [thomsonderwent.com]

    Regarding the first patent ever granted anywhere, "In return for his monopoly, John of Utynam was required to teach his process to native Englishmen."

    Later, when the U.S. came up with its patent laws, it went like this: "The Congress shall have power . . . to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writing and discoveries."

    Nothing really about protecting small businesses. It has always been about sharing knowledge with the public in exchange for a limited-term monopoly. In practice, this rarely has the effect of protecting small businesses, most of which make their money off of actually doing stuff, not litigating.

    Personally, I think patents are a bad idea in the general sense. Ideas are worthless in real business, it's always the implementation that counts.

    However, in the present reality, patents aren't going away any time soon. It seems to me that if one must extend the patent concept to software, the only real way to get the public benefit demanded by the patent system is to require working source code to be published with the patent.

  • by photonX ( 743718 ) on Friday February 27, 2004 @01:50AM (#8405665)
    >>"I don't know much about the patent laws but it seems to me that companies that use concepts that someone patented, and who implemented them with no knowledge of the patent shouldn't be able to be sued."

    Well...if I take my maching gun and fire it blindly about the neighborhood one night, should I not be responsible for harm if I didn't willfully intend to kill a particular person? Of course not. Not quite the same thing, true, and I have to agree with you that litigation as a whole is getting out of hand.

    Patents are a matter of public record (which is the whole idea, after all), and if a manufacturer is using a process that he doesn't know is patented or not, then I wouldn't think much of his business acumen, since he should either be protecting his process by patenting it himself, or, with the same research, discovering that it is already patented.

    I have to admit, though, that many of these intellectual properties patents, such as the Amazon 'one-click' process cited in other posts, certainly muddies the water for me. I always thought of a patent being for something you can hold in your hand (figuratively if not literally).

  • by Ray Ling ( 752737 ) on Friday February 27, 2004 @01:57AM (#8405698)
    Are all of you forgetting that only a few years ago, some laywers were actually thinking of applying for patents on specific stylized basketball moves, so players could "protect" their "style"? And famous boxing ring announcer Michael Buffer(sic) has the phrase "Let's Get Ready to Rumble!" trademarked. If you tried to use that phrase as an announcer on a sports show, he could sue you for trademark infringement. -rl
  • by Anonymous Coward on Friday February 27, 2004 @02:07AM (#8405743)
    That's what COPYRIGHTS are for.

    Software is speech, and speech cannot be patented.

    You are spinning a circular argument. When you accept software as expression, you are excluding it being an invention.

    Hardware patents are just fine by me. If you want to invent a better mousetrap, go ahead and patent it - thats why we have a patent office.

    But if you patent a "mouse trapping system", with nothing more than a vague description, expect both the scorn and ridicule, as well as the eventual first place against the wall when the revolution comes.
  • by Crypto Gnome ( 651401 ) on Friday February 27, 2004 @02:12AM (#8405760) Homepage Journal
    TradeMark is actually quite sane and legitimate (in this specific example). This was his catchphrase, so naturally HE should be the one to use it. Just as if it were a logo or a product name, in market-speak it identifies his "brand".

    Why you think this has anything to do with braindead overly broad patents is beyond me.
  • by Facekhan ( 445017 ) on Friday February 27, 2004 @02:16AM (#8405777)
    Every other form of invention or creative work is protected by either copyright or Patent. Not both. Software should only be copyrightable not patentable because it is an expression of an idea. This allows other entities to emulate, imitate, and make competing versions of the idea. Patents protect an idea or invention. Copyrights protect a particular expression of an idea. Copyright terms need to be shortened for certain but software patents are extremely disruptive because they do not require that the actual code even be written. In addition patents are far more expensive to obtain than copyrights and they benefit mainly those with big pockets and those who think they are gonna use the patents to sue big pockets.

    The other big problem with software patents is that the Patent office is totally out of touch and is essentially selling patents, not reviewing them.

    Business models and methods should also not be patentable
  • by Anonymous Coward on Friday February 27, 2004 @02:17AM (#8405784)
    That would just encourage preemptive patents.

    The whole purpose of patents is to protect the commercially viable ideas of small companies or individuals - i.e., so they can benefit from their innovation.

    The best way would be to incentivize the US Patent office to make sure prior art is actually researched.

    Maybe, say, make patents more expensive, use the money to fund the patent office, but then make the patent office refund twice the money if any granted patent is overturned on prior art grounds. Commercially viable ideas will still get patented - trivial ones will not.

    Yes, this would result in some folks losing the benefits of ideas that, when conceived have no useful benefits but then develop them later for some reason. But the tradeoff would be an end to today's wars over trivial and obvious patents, all of which have mounds of prior art.

  • by bruce_the_moose ( 621423 ) on Friday February 27, 2004 @02:22AM (#8405805)
    That said, Groklaw pretty much solely exists because of the SCO mess (PJ Interview [groklaw.net]). But groklaw is perhpas is the best thing to come out of said mess. We should perhaps start a thread for suggestions for what courtroom drama PJ should follow next.
  • Inspired! (Score:5, Interesting)

    by Abraxis ( 180472 ) on Friday February 27, 2004 @02:27AM (#8405826)

    Wow, I'm inspired. What better way to make a living than to let somebody make a fortune through doing business, and then extract that fortune from them by using lawyers and a piece of paper that says "I thought of it first" that they hand out at the patent office like candy.

    I'm going to run to the patent office tomorrow with my new patent idea:
    A method of extracting capital from another party by patenting a method that the aforementioned other party has already successfully used to earn revenue.

    No, wait... I think that's a little too specific for the patent office. Patent plan B:
    A method by which a party, called the 'seller' receives monetary compensation in exchange for providing goods and/or services to a second party, called the 'buyer'.

    I'm rich!
  • by mbirk ( 38167 ) on Friday February 27, 2004 @02:34AM (#8405857) Homepage
    This reminds me of another problem with the current patent system (besides the fact that the USPTO essentially rubber-stamps all patent applications) -- the ridiculous language that they are written in. This makes it so difficult to determine what a patent is supposed to mean.

    We programmers (er, "software engineers") are always complaining about the poor quality of our specifications. Could you imagine if the specs were written in patent-ese!?!
  • by matria ( 157464 ) on Friday February 27, 2004 @02:59AM (#8405943)
    If it's the real McCoy!

    http://www.smash.com/seg/timelab/stories/121mcco y. html

    Although there are other theories on the origin of the expression, they all indicate the same thing: it's the best, it's the original, it's the real thing.
  • by Karl-Friedrich Lenz ( 755101 ) on Friday February 27, 2004 @03:12AM (#8405978) Homepage
    One way to fix this is to get rid of software patents altogether, as the European Parliament vote in September 2003 tried to do.

    But as long as American lawmakers don't understand the damage done by software patents, one other possible workaround would be to build a Software Patent Defense Organization (SPDO) after the model of NATO. I described that briefly in a book on software patents [lenz.name] I published in 2002 (in German).

    The basic idea would be to copy Article 5 of the NATO Treaty. Members of the SPDO would treat any software patent based attacks on any member as an attack on themselves and promise to retaliate with all means at their disposal.

    That might be a deterrent even for those obnoxious outfits that have no business themselves except that of suing from overbroad patents, so they can't be impressed by any counterclaims based on defensive patents. They would still need to assess the threat of having to fight every member of the SPDO at the same time.

    The IBM and Apache open source software licenses cancelling all rights in retaliation to a software patents based attack are one step in this direction. But stronger measures might be necessary to keep the system from collapsing.

    Basically it's just like spam. With the amount of damage by spam rising exponentially, people get annoyed and angry, and start to ask for strong countermeasures. With the amount of damage by software patent lawsuits rising, the same will be true here.

    If even Amazon gets sued, now might be the point to start considering building a collective retaliation option.
  • (What follows is offtopic, redundant, trollish flambait. Mod away.)

    'Ignorance of the law is no excuse.' I had that quoted at me by a judge long ago (I was 18, and had a *lot* of speeding tickets).

    Is there anyone out there who could rattle off every law we have on the books?

    I am often fond of saying, "You break the law as soon as you wake up in the morning." I can't think of *anyone* I have *ever* known in my entire life that hasn't broken a law at least once a day. (Those who are in comas need not apply)

    Take your car. You have a air freshener hanging from the rearview mirror? That's reason enough for a cop to pull you over - obstructing your view. Driving to work? Did you signal every turn? Did you look both ways? Is your gas door open? (I got pulled over for this.)

    Your computer. How many have at least one mp3 or software program you 'shouldn't' have? Copyright infringement. Coding software? You've probably run into a software patent and don't even know it. Bought cigs for your kid brother? Spank your child in public? Pee on the side of the road? Stole a pencil from work? Ate a piece of candy from the bin at the grocery store? Have a garage sale without a permit? Give false information on your taxes? Walk across the middle of a street? Litter? Give someone the finger?

    Granted, lots of this stuff is just rude behavior, and some of it isn't illegal where you may live, but who can possibly know all the laws on the books at any one time? God forbid you travel to another state and have to do two weeks of research in order to make it to the other side.

    People will decide that they have no choice. Ignore it. Why bother? Everything you do is illegal, and moreso every day. Corporations ignore the law, and when caught, ignore the punishment. Politicans are making more laws all the time, yet are largely above the law.

    I'd love to say that freedom for the US will be decided this November 2nd, but I know better, and I wish more people did too.

  • WTF? Idiot! (Score:2, Interesting)

    by Anonymous Coward on Friday February 27, 2004 @03:39AM (#8406076)
    That is the worst example I have ever read. If you had an AIDS pill you would make money off basically the entire continent of Africa, not to mention Haiti and other areas. The drug companies are perfect examples of why patents are good. Think about it, if you were a little drug company, inveneted the cure for aids, then everyone could make it, well there would be no point to inventing it other than the good of mankind. Now nontangible items like "software used to search a web site" are bullshit. If you want to compare it to the example I just gave, little guy makes new product, then you really need to consider that small software projects by university students and the like turn out big if they are good ideas and built well. Big corporations in the same field don't stand up to good ideas due to the basically no cost distrobution techniques and the intangibility of the products. Thusly, a chemical formula one creates (not discovers naturally occuring, like DNA patents) and the like should be totally patentable as they are now. Rules reguarding the intangible should be strengthened, as they are through frivoulous cases like this one. The system (at least in America) is getting better BY these stupid cases.
  • Re:Not Another One! (Score:2, Interesting)

    by Belzu ( 735378 ) on Friday February 27, 2004 @03:41AM (#8406086) Journal
    Not unlike what Abbott did. Newsweek came out with a front page story 'THE COMING ARTHRITIS EPIDEMIC' 2 weeks later, Abbott rolled out Humira, its new TNF-Alpha rheumathoid arthritis drug. In most cases the inhouse R&D of these pharmas is not what is generating the new intellectual property: it is the purchase of patents from other companies that does it - the advances you see are probably the work of some brilliant professor, rather than some R&D drone in the bowels of one of these corporations.
  • Re:Not Another One! (Score:3, Interesting)

    by Shinsei ( 120121 ) <[caledorn] [at] [fein.no]> on Friday February 27, 2004 @03:57AM (#8406134) Homepage
    Might be a tad off topic of course, but still something to take into consideration regarding the medical companies :

    If you also take into consideration the heavy changes those very antidepressants make to the neural system in a persons body, you can actually discover that their primary and sole concern is not people's health, but rather their wallets (and preferably that other people spend their cash on the oh-so-needed medication they so desperately need).

    My father, which is currently studying the human neutral system, has referred me to the plasticity that the human neural system is capable of. The brain is capable of adapting to an impressively high number of various known (and certainly unknown) conditions - and when the brain adapts to something, via the neural system, this is what is referred to as plasticity. I quote : "It represents an intrinsic property of the human nervous system that persists throughout the human lifespan. The nervous system is constantly reorganizing in response to changes in the afferent input of any particular neural system or changes in the targets of its efferent connections." (Quoted Document Link [thehumanbrain.org])

    It is quite easy to imagine the immense possibilities for plasticity in the case of anti depressants - and/or particularly in the case of SSRI antidepressants, due to their very nature of altering how the neural system works. Especially dangerous business is giving this type of medications to younger people, for instance teens, as they are still in the process of growing up.

    Ir scares the heck outta me at least... :/
  • Re:Not Another One! (Score:3, Interesting)

    by kubrick ( 27291 ) on Friday February 27, 2004 @04:01AM (#8406142)
    As far as I'm aware, Microsoft and the Scientologists have both forced Slashdot to remove material by threatening lawsuit(s).

    Now, there are two cults that are scarier than we are. :)
  • by lightknight ( 213164 ) on Friday February 27, 2004 @04:18AM (#8406219) Homepage
    How many people on slashdot have ever tried filing for a patent (software or otherwise)?
  • by i)ave ( 716746 ) on Friday February 27, 2004 @05:15AM (#8406368)
    There is no need for patents on software, we already have copyright laws which should be used rather than the extreme overkill of "software patents". Look, there is no risk to companies who innovate in software... noone's shelling out a Billion $ to develop 1-click shopping, thus no need for them to have a monopoly on something as asinine as 1-click shopping for 20 years. In hardware, a company might spend a billion$ trying to develop a product before it can ever come to market -- that's a detrimental impact on that company's bottom line, and they should have a 20 year monopoly. If a company could not receive that monopoly, in most cases, they would not have a necessary incentive to spend a billion$ on R&D and the product would never come into existence. Contrast that with software innovation... Does anyone REALLY BELIEVE that without software/internet patents there was no hope that the world would ever be blessed with 1-click shopping? Does anyone really care about 1-click shopping? Of course this little company would still have developed 1-click shopping, because it didn't cost them anything extra to develop and it pays instant rewards in increased sales. Do you think for a second that we wouldn't have browser plug-ins without patents? Do you think for a second that we wouldn't have turbotax, halo, amazon, ebay, slashdot without patents? Of course we would! The question is what do we NOT have because of software patents. What companies are being shut-down, stifled, put out of business -- what REAL innovations are being stamped out because they might "infringe" on something as asinine as 1-click-shopping? Everyone agrees that without industrial patents, we wouldn't have 1/10th the innovation in aerospace, electronics, mining, or environmental science... but without software/internet patents we'd have more innovation that we do currently. Whose really benefitting from all these software patents? A: The Gov't and the Lawyers... that's it, it ain't us folks, so don't let anyone feed you a line about how these software patents are designed to "bring innovation to the consumer market"... that's a crock. The reality is we'd have all the same software innovations we have today (most likely more), but due to an increase in competition, the software might be a little less buggy and would probably be a lot cheaper, too.

  • Re:Not Another One! (Score:4, Interesting)

    by Arker ( 91948 ) on Friday February 27, 2004 @06:04AM (#8406489) Homepage

    It also gives them an incentive to shun and FUD remedies which they can't patent - which is a large part of why herbal medicines are generally either ignored or villified. With a patent system it makes sense to spend millions of dollars coming up with a slight variant on one of the active ingredients in an herbal remedy that you can patent, and then sell that, even if it's not actually as useful as the original herbal remedy.

    And just to forestall some replies accusing me of saying more than I did - that doesn't mean that all herbal remedies are superior or even good. But some are, and they still tend to be ignored and villified because no one can collect a rent on their use. Although it's complicated by other factors, Cannabis is probably the best known example of this - it's superior to every alternative for certain uses, but it's kept outlawed while drug companies research ways to change the active ingredient enough to make something patentable instead, and push alternatives that are nowhere near as good from the patients point of view.

  • Re:Not Another One! (Score:3, Interesting)

    by Dave2 Wickham ( 600202 ) * on Friday February 27, 2004 @06:17AM (#8406517) Journal
    Viagra isn't exactly the best example, as the drug was originally researched as a heart medicine (link [about.com]).
  • by trezor ( 555230 ) on Friday February 27, 2004 @06:57AM (#8406612) Homepage
    • Take drug patents: it costs a lot of time and money to just come up with a drug worth patenting. Drug patents give incentives to corporations to create medicines to help people because they know they'll be able to regain a lot of the money they put into coming up with the medicine.

    I sincerly hope that someday, you might be correct. Because right now patents are being used fof the exact opposite.

    There is no continent in the world as AIDS-ridden as Africa. We all know this. So there is probably no bigger market either. However Africa doesn't represent a very wealthy part of our world. They can't afford to pay full price for AIDS-medicine.

    So the drug-co's are using patents to make sure they don't get any drugs at all [manila.djh.dk]. That's corporate greed for you.

    If you google a little bit on the subject, it seems they are finding legal ways around the patent-system to get drugs anyway.

    But the fact that the so called human-friendly medical-industry is willing to let an entire continents die, just because they don't profit enough, probably shows how bad the idea of drug-patents really are.

    It gives a monopoly to be a life-saver, but no duty. How bad is that? No really. That's just awful.

  • by DMNT ( 754837 ) on Friday February 27, 2004 @08:47AM (#8406861)

    Drug patents differ a lot from software patents.

    Drug patent holds one specific substance and the methods to produce that substance. Software patents are dangerous, because they hold a result.

    Could you agree that a medical company could hold a patent for curing impotence or AIDS? Of course not! Such a goal isn't patentable, and so should it be in software too. One painkiller isn't enough, there should be room for other substances too and therefore you can only patent your methods, not the result.

    Copyright laws are IMHO enough for protecting your code. No one can copy your work, but they are free to achieve the same results your software has, as long as they make their own work there. Imagine if someone had patented databases.

  • Regarding Patent #5,715,314, this is a weird situation, and it would be interesting to see a patent attorney's opinion on how it would play out, with regards to this point: The components necessary for building an infringing system are owned by separate parties, whose interactions is by free association, and not by the design of a system.

    The patent isn't for a system that can accept and process sales orders. It's for a sales system in which the user's computer is part of the system. Amazon doesn't have or deploy such a system. They only deploy a partial implementation of the system. An individual user doesn't have such a aystem, either, but he does have and use part of such a system. The sum effect of the free acts of Amazon and the individual buyer result in an emergent system that is equivalent to the patented system.

    So, it would seem that neither Amazon nor a user can be particularly targeted in an infringement suit because neither of them infringes. Could a suit be brought against Amazon and its shoppers together, under a conspiracy theory?
  • Re:Not Another One! (Score:3, Interesting)

    by mattyp ( 720004 ) on Friday February 27, 2004 @09:29AM (#8407041)
    Great idea!

    from now on, i'm going to call patents that steal obvious applications of technologies from public use "pirate patents".

    • Amazon one-click purchasing is a pirate patent.
    • Microsoft patenting "xml used for _____" is a pirate patent.
    • Microsoft patenting FAT is a pirate patent
    • and so many more pirate patents: BT hyperlinking, plug-in launching, et al.
  • by Blinkslowly ( 532105 ) on Friday February 27, 2004 @01:42PM (#8409534) Homepage Journal
    Way too many people and organization have decided to make money by owning an idea instead of implementing it. Congress should consider a revised patent law that forces 'inventors' to implement their patents in a certain period of time or risk losing them. Use it or lose it.

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