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Ninth Anniversary of Amazon 1-Click Injunction 68

theodp writes "Nine years ago Monday, Amazon kicked off the Holiday Season by slapping Barnes and Noble with a court injunction barring BN from using a checkout feature that Amazon said represented illegal copying of its patented 1-Click technology. 'We're pleased that Judge Pechman recognized the innovation underlying our 1-Click feature,' said Jeff Bezos in a press release. But an Appellate Court wasn't quite as impressed with Amazon's innovation. Nor were USPTO Examiners who were asked to take another look at the merits of Amazon's 1-Click patent claims. Still, 1-Click lives on, although Amazon's lawyers are currently fighting two separate rejections by USPTO Examiners, burying USPTO Examiners in paper, and employing canceling-and-refiling tactics that some may find reminiscent of Eddie Haskell's chess end-game strategy. So much for Amazon-led patent reform."
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Ninth Anniversary of Amazon 1-Click Injunction

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  • by Anonymous Coward on Monday December 01, 2008 @10:02AM (#25943291)

    Amazon was dishonest in their "patent reform", but what about Tim O'Reilly? Why doesn't anyone mention his role in this mess?

  • by OpenYourEyes ( 563714 ) on Monday December 01, 2008 @10:16AM (#25943425)
    While a funny (and significant) comment, I wanted to just point out two things:
    • it is copyright not copywrite or wright.
    • it is patent not copyright. A lot of people get these concepts confused, but understanding the differences (including what they can be applied to, and for what term) is important in US law.
  • by Kupfernigk ( 1190345 ) on Monday December 01, 2008 @10:46AM (#25943839)
    The 1-click patent is more complex than some people seem to appreciate; it is not just "buying something with one click of the mouse". And it raises an interesting point about business methods.

    Checkout in shops has always been subject to innovation. Remember the overhead pneumatic tube system to avoid having lots of cash registers and to protect against thieves? Supermarket tills have been constantly improved with innovations like conveyor belts and laser barcode readers. All of these things are patentable. Now consider the back office. Business methods are not patentable, but you don't let the competition into the back office to see how well you have integrated all your systems.

    Amazon's problem is that their ingenious checkout system is in software so it cannot be patented, but also it is seen by the user so it cannot be a secret clever backoffice system. They fall between two stalls. This will inevitably discourage people from developing innovative POS systems in software, because it is far cheaper to reinvent something already known.

    Solution? Yes, I have a solution. Reasonably, if a large department store introduced a pneumatic system, their competitors could follow them in around a 1-2 year timescale. What's more, they were free to visit the first one installed and look at its advantages and disadvantages. So why not allow software patents and business method patents but give them only a 2 year life from filing and a 1 year life from first commercialisation, whichever results in the earliest expiry? A year of leadership is a long time in retail.

    In fact, short terms for different classes of IP seems reasonable nowadays, when books are usually remaindered in a year or so and and popular music rarely lasts more than a few months. As a first shot, how about:

    • No time at all for algorithms
    • 1 year for business methods and software patents
    • 5 years for books and recordings
    • 10 years for medicines
    • 20 years for heavy industry and advanced technology

    At present, musicians get a ridiculously long copyright period even when they are just making derivative works, and this probably does more than anything else tobring the system into disrepute.

  • by db32 ( 862117 ) on Monday December 01, 2008 @10:49AM (#25943897) Journal
    Because then the guy in the garage that comes up with the next supergadget goes broke trying to patent it and some megacorp patent troll comes along and claims its theirs anyways. I think the alternative would actually be a maximum page kinda thing. "Look, you either write it concisely, or you go to hell, your choice."

    A bit of a side issue but I actually wrote a paper for one of my english classes for college that addressed this problem. They teach that you should write clearly and consisely and then immediately following that say "and it must be a minimum of X00 words or Y pages". So even if you can get your point across clearly in 200 words you are stuck writing a 500 word essay. The paper I wrote was the first paper of the class, a little intro thing and background in writing. 500 word minimum. I titled the paper "Off by One" and wrote on the subject of the insane rules of grammar, format, punctuation, etc we are held to for writing while being told to write clearly and consisely and that the greatest writers like Shakespeare and friends all broke all the damned rules and made words up. It was exactly 499 words.

If you have a procedure with 10 parameters, you probably missed some.

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