Amazon & Barnes and Noble Settle One-Click Dispute 98
rtphokie writes: "C|Net is reporting that Amazon.com and Barnes&Noble.com have settled the over 2 year old lawsuit over the expedited ordering process known as '1-Click' ordering on Amazon's site and 'Express Checkout' on Barnes and Noble's. Details of the settlement are (of course) unavailable."
Re:Americans and the World (Score:1)
i'm totally converted. Where can I start a religious following based on these statements ?
Oh, and by the way, zip up your pants : your dick is hanging out a little...
Nobel's express checkout?? (Score:2, Funny)
like dynamite?
Will this affect other sites? (Score:5, Insightful)
Re:Will this affect other sites? (Score:1)
Re:Will this affect other sites? (Score:1)
Re:Will this affect other sites? (Score:1)
Re:Will this affect other sites? (Score:3, Insightful)
Not really (Score:3, Interesting)
Bezos has prettymuch said that they would only use patents in a defensive manner, although I'm sure they're happy to license it out to people.
Re:Not really (Score:2)
Re:Not really (Score:1)
Re:Not really (Score:2)
And you think he's promising *not* to enforce it, and yet he's going to collect cash for not enforcing it also?
Bezos should run for office.
Re:Will this affect other sites? (Score:1)
Not as important as you would think. It doesn't really set a precedent that can be used in court because it was settled out of court.
Re:Will this affect other sites? (Score:1)
Good, (Score:1)
Re:Good, (Score:2, Insightful)
Re:Good, (Score:2)
Sacrifice consumer convenience for corporate profit. It seems now, more than ever before, companies are no longer run by people, but greed.
Re:Good, (Score:1)
Re:Good, (Score:1)
There's a kernel of truth in there. But, shouldn't they be putting the consumer (the ones who put money in their pockets) first, rather than concentrating on slitting each-other's throats?
Re:Good, (Score:2, Funny)
Who next? (Score:1)
Maybe it can bring an action against that long river in South America that stole its name. The online store did come first, didn't it? Just think of the damages all of those native people would have to pay out. Maybe they'll have to pulp all the rainforest for even more books for Amazon to sell :)
Re:Who next? (Score:2, Interesting)
Re:Who next? (Score:1)
it'll be interesting to see... (Score:1)
that may say a lot about how the settlement actually went...
it has to be said.. (Score:1)
I still cant come to terms with this 1-Click crap. (Score:1)
I sure am glad I don't live in the US (not that we donb't have our own problems here, and I am pretty sure the EU is going in the US direction even as we speak...).
patenting a method, not an implementation is just wrong!
If I patent a crappy solution to a problem, and someone finds a better solution they have to pay me!!!
Talk about killing innovation!
Remind me again why we had patents in the first place...
Re:I still cant come to terms with this 1-Click cr (Score:1, Funny)
i think i will patent "walk in the front door shopping"
any retailer who wants to allow customers to walk through the front door will have to license the idea from me.
i don't really care what the other guys doors look like or the path leading up to the door, or the layout behind the doors...if it's in front, it's my patent pay up!
Re:I still cant come to terms with this 1-Click cr (Score:1)
BountyQuest? (Score:2, Interesting)
Money well spent! (Score:1, Funny)
Re:Money well spent! (Score:1)
Re:Money well spent! (Score:1, Offtopic)
"Slashdot Subscription - RARE!!! L@@K!!"
Maybe Amazon does have a point (Score:1)
It's like if someone invented the wheel and patented it. Sure it looks so damn obvious today, but was it so obvious before it was invented?
Re:Maybe Amazon does have a point (Score:1)
The wheel OTOH was innovative.
Re:Maybe Amazon does have a point (Score:1)
But what good would a wheel be without an axle? And what good would wheels and axles be without a cart of some sort to roll around?
Oh sure it all seems "obvious" now, but imagine what it was like before some creative genius (i.e. Amazon) said, hey, rolling these wheels (cookies) around is cool and stuff, but, damn, dragging these carts is a bitch. What if...
-Kevin
Re:Maybe Amazon does have a point (Score:1)
"Watch out next week for the launch of 'Fire(pat pending)'"
Patenting the Wheel (Score:1)
He won an IgNoble Pirze for it too...
http://www.improbable.com/ig/ig-pastwinne
Details of the settlement are unavailable (Score:3, Interesting)
Slashdot infringing on Microsoft patent #US5819032 [slashdot.org]
quote: a computer having a communications port coupled to a back channel to the publisher, a processor, and a display; like a browser connecting to a web server
Re:Details of the settlement are unavailable (Score:4, Insightful)
One wonders if there shouldn't be a law REQUIRING public disclosure of any settlement for any patent related suit. After all, patents were once ostensibly about stimulating general progress and the public interest, so it's a public interest matter.
Details of the settlement (Score:2)
1 click, 2 click, 3 click (Score:1)
stock holders, etc. (Score:4, Interesting)
After all, this is something that involves huge amounts of money. and investors/owners will want to know some details.
Settlements... (Score:1)
Of course, everybody have now heard about B&N and Amazon so, their accountants will hide these fees as advertising fees but as a results, the books prices will be imperceptibly higher.
We lose (Score:1)
Patent regime (Score:3, Insightful)
Does this mean that Amazon really does not want to patent this process? They had to do it only because, if they don't someone else will do and Amazon have to battle them in court?
It is sad indeed that the system has to encourage such wasteful actions
Re:Patent regime (Score:2)
Doesn't look like that to me. They didn't just get the patent and hold on to it so they could go about their business. They licensed it at least to Apple, and they filed a lawsuit against B&N for making something similar. This sounds like more of the same corporate stuff to me.
mark
How Similar? (Score:1)
Air turns blue (Score:2, Insightful)
And I'm still buying their damn books...
Re:Air turns blue (Score:1)
Dismissal order for Amazon vs BN.com (Score:2, Interesting)
It's too bad that we don't know what happened in the settlement, from a public access standpoint, but it will be very, very clear soon enough. If bn.com has a 1-click style checkout without a.com licensing/suing other companies for the technology, then bn.com came out on top. If bn.com either doesn't have 1-click or does, but a.com continues to license the technology to other companies, then it's a pretty safe bet that amazon came out on top.
the old water trick? (Score:3, Insightful)
But, few software patents truly deserve that kind of protection.
Years ago someone filed a patent for a new novel idea he had for cleaning the manure from the cow barns. He unleashed a torrent of water and away the filth went.
The patent was denied. Why? Because many years before Spartacus or Hercules did the same thing by diverting the flow of a local stream. It was not a novel or unique idea. It worked back then. It worked now.
The same is true with the one-click patent.
How many years ago do you think the farmer came into town, dropped by the general store, grabbed a bag of rice and gave the shopkeeper a high sign as he left? Is that not "one click"? Sounds like it to me. And, that was a long time ago.
Reducing the number of steps required to complete a task is not a novel or unique idea. Should we grant a patent to the 5-step guy? And, then the 4-step guy? And, then the 3-step guy?
It is really too bad that more patents are not fully litigated. It might remove most of them from the books.
Hey. I am all for protections of intellectual property. But, they should be ligitimate patents. And, despite the claims, very few new or novel ideas actually are developed in software. Almost all are simply variations on a theme. And, the problem with most software patent applications is that they fail to fully disclose the pre-existing work that has been around for years. And, yes, the failure to so disclose is one reason for disqualification of a patent.
Re:the old water trick? (Score:1, Flamebait)
Hercules wasn't real. Holy shit, I better not expect any cash when I invent my matter transporter, since Captain Kirk did that back in the 60s.
Re:the old water trick? (Score:1)
If the idea is not novel or unique it may still be disqualified for a patent.
I am not aware of any patent being disqualified because of a sci-fi show. But, it could happen.
Patents can be denied because the idea was just obvious. So, your matter transporter could be classified as such. Although in today's science that would not be the case because we do not know how to do that yet. Now, most likely the first fellow to build one will have done so because of some science that was not at all obvious (even though the need was all over the Trek shows).
But, the technique for a simple one step check out is not unique at all.
The point here is that being first in the patent line with the paperwork is not enough. It has to be patentable. And, in part that means "non obvious".
Re:the old water trick? (Score:1)
So, if you can invent a matter transporter soon enough, you may still be able to sue Starfleet when the time comes.
Re:the old water trick? (Score:1)
But, patents only last 17 years or so. So, you best hope to hold off until year 21xx?
No. Wait a minute. These temporal problem are tricky. A patent runs off into the future as far as suing someone. But, if the invention was obvious, that could relate back to the past (or present, whenever you saw the show)
I think you could be block from suing Capt Kirk. By the time his time arrives, your 17 years is gone. Plus, he could argue that you saw his show prior to your inventing the matter transport device. So, to you, it was obvious, you loose. Or, for him, your time ran out.
Geez. Patents do get tricky.
Re:the old water trick? (Score:1)
And like other people have stated, no Amazon won't be going after everyone, and I for one believe it. Shit If I had a reason I'd sue Barns and Noble too.
Re:the old water trick? (Score:1)
Thing is that patents are much like two 6 year olds talking in private
Lawyers sort of like treat patents like they would a n old deck of cards.....playing poker of course.... if you do not come with a few of your own... you have to pay up front to fund the kittie
I think in the end, you have to bring some of your own cards or the game does not even out.
Amazon Sued by Half-Click Patent Owner (Score:5, Funny)
I guess the half-click people are somewhat slow. It's hard to get things done when you're busy holding the mouse button down with one hand.
Re:Amazon Sued by Half-Click Patent Owner (Score:2)
Actually, why can't there be a no-click patent? If you point your mouse at a book, it gets ordered. Just use MouseOver. This post counts as prior art if anyone ever tries to patent it...
Re:Amazon Sued by Half-Click Patent Owner (Score:2)
I think AOL [slashdot.org] has got you there.
Re:Amazon Sued by Half-Click Patent Owner (Score:1)
BountyQuest 1-click contest results revisited (Score:4, Insightful)
What Happened To The Censorware Project (censorware.org) [sethf.com]
I imagine it happening like this... (Score:5, Funny)
Amazon's Top Lawyer: Look, we know you guys want to do the whole 'One-Click' thing. But we got a patent on it. We have to protect it. How would we look to other companies if we didn't? Like big wussies, that's how we'd look.
B&N's Top Lawyer: But your patent is too broad and ill-defined. You knew you were taking advantage of the patent office's ignorance toward technology. And we're pissed off enough about it to get it over-turned. And if you think inactivity would make you look like wussies, over-turning your patents is going to make you look like money-grubbing vampires.
ATL: We don't have to go through this, you know. You could just pay a nominal license fee...
BNTL: Yeah, and you could lick my #expletive#.
ATL: Oh come on, is that really necessary? It wouldn't hurt your bottom line in the least.
BNTL: It's the principal of the thing.
ATL: Ok, then. What's your idea of a compromise?
BNTL: Ideally, all of you out of a job. But since it's not an ideal world, how about this: We don't pay a license fee and do the 'One-Click' thing anyway.
ATL: Alright, alright. But only if you sign an agreement to never co-operate with, testify for or help any other company we come down on to protect this patent.
BNTL: Only if Bezos goes public and says he's in favor of patent reform.
Bezos: What?!?
ATL: You've GOT to be kidding.
BNTL: Nope. And say it like you mean it.
<Some general grumbling on the Amazon side of the table>
ATL: Deal. But don't ever have the same book of the month as we do!
BNTL: We've got no problem with that.
<End scene>
Re:I imagine it happening like this... (Score:1, Insightful)
All along, Amazon was just getting some payback for that. It was certainly never about principles.
What about X clicks? (Score:2)
Obligatory Reference (Score:3, Funny)
B&N: No, I'll never join you.
Amazon: Join me, and with one-click purchasing and patent enforcement, together we can rule online book sales as Father and Son.
B&N: Well.........OK. But we have to keep our settlement secret, all right? I'd hate to have my friends know about our little meeting.
Amazon: I'll have my stormtrooper-lawyers work on our non-disclosure agreement.
B&N: Oh, and could you help me find my hand?
Re:Obligatory Reference (Score:1)
If Amazon would've just asked, "What would Mark Hamill do?" (a question that has guided me thru many a life decision) this lawsuit never would have happened.
Or perhaps if they'd seen Hamill in Jay and Silent Bob Strike Back, they would've asked, "What would Cockknocker do?" and we'd have a whole different kind of lawsuit to talk about.
Prior Use (Score:1)
small potatoes (Score:1)
Time for me to sit back and watch the money roll in.
I don't get it... (Score:2)
Certainly this lawsuit amounts to nothing more than a lot of posturing between to powerful rivals.
Re:I don't get it... (Score:1)
Please don't get started on the who owns the patent on hyperlinks.
Given British Telecom's current mass lawsuits, click here [bbc.co.uk] to establish that "we thought of it first", are irritating the rest of the known universe.
Imagine a world... (Score:2, Interesting)
Dave Smith gets up one morning and decides he's going to write an automated widget layout program to minimize waste when manufacturing widgets. More widgets will be stamped out of raw material with less waste, reducing the manufacturing costs of widgets. Dave gets together $5 million in venture capital funding and writes a nifty widget layout program.
However, when Dave goes to market with his widget layout software - he's bombarded by patent suits. Oscar, the grouchy patent attourney from a large corporation, says "Stop - Our company has a patent on software to layout woogies. You violate our patent." To which Dave replies "But I'm laying out widgets and your software does nothing to optimize the placement of the woogies. In addition the use of software to layout parts on raw material prior to manufacture is virtually ancient." To which the patent attourney replies "That matters not. I have been granted an injunction, feel free to take me to court. To take me, my company and our 4 billion attourneys to court for the next 75 years."
Dave consults with his VC (the second round VCs all split when they got hold of the patent infringement suit). The VC is able to negotiate a settlement (sealed of course) wherein Dave promises not to challenge the patent (which he didn't have the resources to do - anyway) and pays the Oscar and the large company a tidy percentage of software sales. Dave is now in the clear? Wrong - Cruella, a patent attourney from another company, now indicates that Dave's interface to the CAM system violates their patent. But wait! The interface to the CAM system is a published API! That matters not, Cruella has an injunction. Oh, here we go again, Dave. And this time without Dave's VC, who bolted because of the second infringement case.
What happens to poor Dave? Maybe Dave should have figured in a budget line item in his business plan to pay off patent holders. That way he can ask for $6 million next time. $5 million to actually build the product and $1 million to pay each and every patent holder that makes a claim worthy of an injunction.
Mary, Dave's friend and fellow widget afficianado, decides to write open-source widget design software. If she puts the software out there people can use it and design better, more efficient widgets and make everyone better off. Unfortunately she finds herself in the same boat with Dave but without the deep pockets to pay off her patent infringement claims. No, Mary just winds up with a tonn of legal bills and possible personal bankruptcy for her effort.
Alas, what is the moral of the story? Is it "be careful and research all the patent information regarding your product"? No, it's "Patents are poised to become the next big racket - get in on it while you can". If you want to make money off software development without writing a line of code, simply accumulate patents (even crap patents). Look for people creating new software. Sue them until they pay you enough money to go away. For fun, you can sue open source efforts just to make the lives of hard-working, good-humored people miserable. (Actually, I've patented this 'process', so you can't do it without paying me my royalty.)
By the way, Dave dropped his whole idea. He patented one part of his program and sued the next 5 developers who tried something even remotely similar. Thanks to two of those developers, Dave is now sipping mai-tai's on a beach in Hawaii.
me wonders... (Score:1)
The other side effect... (Score:2)
I wonder how many times this happens when the big bad company sues a little one (though I know in this case B&N is not really a small company...) and gets them some publicity as well as an incentive for people to buy from them.
Sorry, I Ain't Going Back (Score:3, Insightful)
I used to buy a lot of books from you. If you check your records, you'll find just how much money I used to spend at your site and it was not an insignifigant amount. I liked the idea of an online bookstore and considered it a privilige to buy from you because you represented the new and innovative idea of buying off the web.
Your 1 click lawsuit exposed you as just another greedy business. I quit buying from your website and started telling all my friends not to buy from you because of your idiotic lawsuit. I also started telling all my friends not to buy from Amazon because of this lawsuit. Your settlement isn't going to settle my own beef against you. And I'll still give nasty replies every time you send me an e-mail trying to get me back.
And besides, there's no reason to go back. After all is said and done, I realized you did me a favor. I now buy all my books from your competitor. Now I have a Reader's Advantage card that not only gives me a discount at all B&N stores and website. Even better, this card gives me discounts at all B&N's affiliated bookstores such as B. Dalton and Scribners. To add icing to the cake I have a B&N credit card that gives me credits for B&N books every time use it. Why go back to Amazon?
I am glad you haven't gone out of business though. I like your website's organization better than B&N's. And I use it regularly to look up book information. Then I go over to the B&N website and make my purchases there.
Re:Sorry, I Ain't Going Back (Score:1)
Still, I'm into the instant gratification thing, so I still buy most of my leisure books in the local bn bookstore.
Other Choices (Score:2)
Triv
Settlement Details (Score:2)
Amazon is keeping the one-click patent, but they are allowing B&N to file and accept the two-click patent.
B&N can then go after the infringers. And cut similar deals, introducing the three-click patent.
No, I'm not sick of it yet.