Patent Sought For Amazon Marketplace 182
theodp writes "On the same day CEO Jeff Bezos launched Amazon's Search Inside the Book feature, a 'completely new way for people to find the books they want,' the USPTO published Bezos' patent application for User interfaces and methods for facilitating user-to-user sales. Ironically, searching for 'Amazon' won't turn up Bezos' patent application--the claims are illustrated with example web pages for the hypothetical 'Store.com', as seen through the eyes of 'Sally Small', 'Larry Large', and 'Barry Buyer.' References are made to other patent applications, presumably Amazon's, that describe a way to efficiently create links to bank accounts, the use of product viewing and purchase histories to identify related products, an electronic catalog search engine, the use of a browse tree for navigating a catalog by category, a wish list service, and a service for allowing users to post product reviews for viewing by others." I've used Amazon Marketplace to buy a fair number of things - it's too bad such a cool service has to be "patented", because you know, the concept of people selling to other people is obviously a new one. *sigh*
All this craziness makes me think... (Score:5, Funny)
Re:All this craziness makes me think... (Score:2)
And hey, let me ask you, does it bother you at all that your sense of humor is based on specious "talking points" from a political party?
He did take initiative in creating the Internet (Score:3, Informative)
Re:He did take initiative in creating the Internet (Score:2)
I'm confused... (Score:4, Interesting)
Say Bezos were granted this patent (probable) - what scope would it have? Would other online user-to-user portals and retailers be forced to shut down? eBay, Half.com (part of eBay), as examples. What exactly would patenting this particular 'idea' do?
Re:I'm confused... (Score:2, Insightful)
The scope is clearly presented in the patent, it's about online marketplaces-- but the claims of the patent are many and some are very specific, so consult your lawyer, not Random J. Monkey on Slashdot if you really need to know this. Other portals and retailers would not necessarily "be forced to shut down"-- first there
Re:I'm confused... (Score:3, Insightful)
Re:I'm confused... (Score:2)
In that case, though, one has to wonder who started doing this first... eBay or Amazon.com?
Re:Why are you confused? (Score:2)
Re:Why are you confused? (Score:2)
Why would this be?
Two reasons. The people who run the patent office are patent attorneys. They are happy to build a culture that generates massive amounts of work for patent attorneys. 2nd reason is that the Patent Office is now a cash cow for
Ebay? (Score:5, Interesting)
Actually, I am sort of hoping for this because it would make ebay's thousands (millions?) of buyers/sellers suddenly aware of the problems of patents and trademark law in software. Also, ebay is a big enough player that hopefully this patent would get knocked down.
Re:Ebay? (Score:5, Interesting)
Yes, if...
I would not be surprised when Ebay would be prior art to this patent application.
As more and more US applications are being published since the US law has changed, I see even more rubbish than when they only published granted patents. And this is just one example of many, IMHO as a patent specialist.
Furthermore, the first claims is a peculiar one, especially this part:
whereby the seller may create a marketplace listing for the product without supplying an identifier of the product
Re:Ebay? (Score:1)
You may be right that he wasted money on attorney fees.
The wording of the
Re:Ebay? (Score:3, Informative)
Prior art? Since when has prior art been checked by the USPTO? British Telecom with their hyperlinking, AltaVista with the search engine, and many other patents that have been granted all have very strong prior art. Even the recent EOLAs problem has prior art. The problem is that the USPTO doesn't 1) care and/or 2) has no idea what to look for. The judges and jurors in patent infringment cases are two stupid to know a bit from a byte so the patent holder usually wins because they have the patent that should
Re: (Score:2)
Re: (Score:3, Informative)
Isn't this an obvious patent? (Score:3, Insightful)
Well, now the answer seems to be yes. And they can patent this?
Re:Isn't this an obvious patent? (Score:2)
Patent Silliness (Score:4, Interesting)
It's amusing to note that the business method of patenting obvious ideas then using the patent to extort money from innocent individuals has yet to be patented. (I think I've just found the missing step before "Profit!!!!").
Re:Patent Silliness (Score:5, Insightful)
Now if Bezos wants to patent some "calculators" and "designs for tables" that I can use online to assist in the free trade of goods, why not? When you buy furniture or a calculator do you look at it and say "Oh no, this has patent number 817182199191. We can't buy this, I'd feel used and abused by The System." Of course not.
Sure, some patents are glaringly obvious, have prior art, and should not be granted. But not all patents are bad. Patents are not really intended to stiffle innovation and invention. Several improvements on an existing idea can be patentable. Look at the patents on the
Re:Patent Silliness (Score:2)
And who doesn't like .png!?
Compuserve.
Probably the only reason they didn't try to litigate .png off the face of the planet is because they can't afford to.
Re:Patent Silliness (Score:2)
As with many things, the intention has little to do with the effect.
Re:Patent Silliness (Score:1)
But people think that someone elses patent is the be-all end-all to what they can do with a certain technology, and it's not. That is what is keeping Joe Public out of contention for "intellectual property" (which, even if you disagree with that term, the ideas encompassed by it still exist in our society).
So what is this "effect" that you speak of? Patent Envy?
Re:Patent Silliness (Score:2)
The effect is legal minefields, and blockage of development. The inability to create non-trivial technology without infringing on a patent-collecting conglomerate such as IBM.
As another poster has pointed out [slashdot.org], patents are indeed used to entirely stifle a lines of development.
There is a description which I feel describes where patents are valid. Imagine a directed graph that is a tree. Advancing along tree's paths implies technological progress. A vertex stands for a point at which new development
Re:But patents last 20 years (Score:2)
Perhaps I was not clear. My tree inherently did not have any concept of time or patents in it, just developments and, I should have included, work effort. Edges were effort, vertices developments. Since we seem to have a misunderstanding, I can't really address your question well. My statement was that only by traversing at least 2 edge lengths could one achive something patentable (e.g., it could not just be the "next step").
Re:But patents last 20 years (Score:2)
I do agree with your take on the length of patents. 20 years is too long, period. There
Re:Patent Silliness (Score:2)
For the clue impaired who read this and modded it insightful and bitched about it and so on; Re-read it, in a more whimsical state of mind.
Can anyone doubt that there is a difference between a physical object, to wit a calculator, and a piece of software?
Re:Patent Silliness (Score:2)
I agree, partially. You are not correct about the patenting; Bezos applied for a patent and that application is published. No patent has been granted yet.
Patenting business mathods is legal in the USA, but not Europe, thank goodness!
They claims as currently pending will most probably not be granted by the European Patent Office for lack of technical features in the claim. And at first sight, I do not think there is enough
Re:Patent Silliness (Score:3, Interesting)
Although that statement is true, that does not mean that the European Patent Office hasn't granted patents on business methods!
See for example the following Amazon patent on Gift Ordering [ffii.org].
This is the reason big (American) companies, Bolkenstein and the JURI committee are so actively lobbying to get patent law "harmonized" in all of Europe. At the moment some national judges correctly throw out any patent claims based on the
exact same situation as in the US (Score:2)
Re:Patent Silliness (Score:3, Interesting)
US patent law is a failure of government, one which caused many more and worse problems than it intended to solve in the first place. Guess who's paying for this failure? (Hint: It s
Methods, not concepts! (Score:4, Interesting)
Patents do not cover *concepts*; patents cover *methods*. This patent does not concern the concept of people selling to other people; it covers a method of people selling to other people.
Now, I'm inclined to say that the patent is still likely to be bogus, but we should critique it for the right reasons.
Re:Methods, not concepts! (Score:2, Funny)
We can't, that would put us in violation of Amazon's 'review' patent.
Re:Methods, not concepts! (Score:2)
Re:Methods, not concepts! (Score:3, Insightful)
THANK you.
It's bad enough that Slashdot readers often confuse the issue when commenting on patent stories; we don't need the moderators making things worse by perpetuating the misconception right in the text of the story posting.
Hemos is getting to be nearly as bad as Michael at tacking on personal opinions to story submissions. I really wish the mods would let the submissions stand on their own merits.
Re:Methods, not concepts! (Score:2)
Re:Methods, not concepts! (Score:2)
You have just infringed my patent for overt-literalisation-as-criticism in a posting to a public internet discussion board, please stump up a large amount of moneys.
To address your criticism: The "method" is itself a "concept", so the initial comment holds true.
But think about this "cool" feature (Score:3, Interesting)
Perhaps (IANAL) it is patentable.
Honestly this is not intended as a troll.
Re:But think about this "cool" feature (Score:1)
I just can't see providing full text searching capability for information products based on paper as any kind of special innovative step. It is a capability that very many companies have provided for decades, and a natural evolution of information storage and retrieval. From microfilm storage through searchable indexes and TOC's, finally to fully OCR'ed text. Decades old...
Hmm (Score:5, Interesting)
Even if they got claim 1, it's not like they could enforce it against anyone, due to prior art. I'm pretty certain that Amazon weren't the first company to sell things over the Internet. Unless, of course, they "do a Unisys" and start going round attacking small online businesses who don't have a hope of defending themselves, while leaving the eBays of the world well alone because they obviously have the resources to strike the patent down in court.
Of course, I have to wonder why these companies continue to apply for such stupid patents. It is because the stupid patent laws mean that often they get patents on much more than they're entitled to, and they know it. This is not good for business in the long term, but since when have businesses thought about anything in the long term?
Re:Hmm (Score:2)
First, patents have nothing to do with the ability to enforce, unless two giants are going head to head. Rather, they can be used merely to produce settlements, since a smaller entity could not defend itself in court.
Second, why do you think it's not good business in the long term?
Re:Hmm (Score:2)
Re:Hmm (Score:2)
I don't see IBM going for frivolous patents. They've been around for frickin' forever, and I expect they will be around for a damn long time into the future as well.
The companies issuing all these frivolous patents are recent start-ups, for the most part. I don't expect Amazon to last that much longer, because it has very little to truly offer. It is good right now, because nobody tries to compete. All it w
Re:Hmm (Score:2)
Bezos came to my school to give a fluffy little talk, after which I asked him about his views on patents. He was kind of rushed so he only gave a brief answer, but basically, he said that "Certain companies try to innovate and take risks and lead the way, while other companies just copy the innovators ideas and reap the reward without having to take the risk. Patents help reward the innovators for their risk-taking
Once again... (Score:5, Insightful)
Re:Once again... (Score:1)
Yes, I know that once somebody states a concept it's easy to say 'thats just common sense' but this is an actual example of one of the earlist forms of commerce known to man, transfered unto a differnt medium.
If I create a new device that replaces the normal commercial cash register, am I allowed to patent that process as well
Re:Once again... (Score:2)
(which again shows that the patenting process currently is flawed beyond belief)
Duty to Shareholders (Score:5, Insightful)
Like it or not, companies have a duty to maximize their value, which includes pursuing and enforcing patents. If they don't, management can be viewed as negligent by the shareholders and be held accountable and/or liable.
Standing up at the shareholder's meeting and stating that you don't pursue patents because you don't agree with the system would be a quick way to be escorted out the door.
Re:Duty to Shareholders (Score:1)
By the way, companies also have a duty to be ethical.
Re:Duty to Shareholders (Score:2)
No, unfortunatly, they don.
Re:Duty to Shareholders (Score:2)
No, unfortunatly, they don't (that's what I get for hitting Submit and not Preview)
Re:Duty to Shareholders (Score:2)
Hiding in a large group, or company, doesn't provide a get-out.
Re:Duty to Shareholders (Score:1, Interesting)
Do they really need to enforce patents? (Score:2)
Re:Duty to Shareholders (Score:2)
A new documentary called "The Corporation" tries to analyze the nature of the corproate entity, and to describe the inherent flaw that lead to the destructive nature of many organizations. The movie has a leftist view point, but no matter what side of the spectrum you are on, you'll find value in it.
Re:Duty to Shareholders (Score:2)
Companies are accountable to their shareholders in relation to their SEC statements. If a company decides not to apply for any patents and file for this statement with the SEC, then the shareholder are being notified and they cannot sue management if they fail to profit because of that.
They is NO legal requirements that a company must try to do a maximum of profit. They just can't lie or hide stuff (decision) that can affect the value of their shareholder investement.
Re: (Score:1)
Re:Duty to Shareholders (Score:2)
You tell the Shareholders that at the annual meeting... wait, they fired you and found another CEO? *GASP*, who'd of thought!
And the new CEO is *GASP* Darl McBride, who will work very hard to ensure the long-term health and success of the company. Are you saying that short-sighted shareholders and crooked CEOs deserve each other? That still doesn't invalidate the point that creating maximum short-term profit is not a legal requirement. In fact, the practice is relatively new. Before, good executives
Re:Duty to Shareholders (Score:2)
So, I really don't see what this has to do with "maximum short-term profit" or crooked CEOs. Ken Lay is a crooked CEO. Amazon is just taking advantage of the current situation.
Amazon's patents just give them the right to spend money suing people, the patents don't mean they'll win. A company constantly engaged in meaningless lawsuits is a company leaking money. Since the feds allowed companies to tie executive compensation to stock performance, i.e., stock options rather than salary, it has become bene
Re:Duty to Shareholders (Score:2)
Re:Duty to Shareholders (Score:2, Interesting)
Terms like "maximize value", "increase revenue", "pursue", "enforce", "leverage", "competitive advantage" are all fine but what about "MORAL"?
Why isn't anyone ansking "is it moral to do this?"
I'm the co-owner of an East European multimedia software company, founded in '97. We have contracts with some really big companies. We have to stay competitive, keep the old clients, get new ones, convince them of how much quality we can offer, how trustworthy we are... And f
Unfortunately, there aren't more like u around (Score:2)
Sad..
Re:Duty to Shareholders (Score:1, Flamebait)
Like it or not, Nazis have a duty to slaughter Jews and homosexuals, which includes starving them to death and
Re: (Score:1)
No, they are DEFINITELY PART of the prob (Score:2)
Diamond v. Diehr did not legalize software patents (Score:5, Interesting)
In 1981 the US Supreme Court issued a ruling that declared a certain patent valid despite the fact that software was a part of the system patented. Justices ruled that if the system as a whole was patentable, the inclusion of non-patentable material (in this case software) as part of the system did not make the entire system unpatentable.
The opinion contained a whole section to assert that patents on software (automatically invalid) could not be made valid by drafting the application to make them look like a "system" with trivial non-software portions. Nonetheless, after this opinion, the USPTO started approving all sorts of patents that were essentially patents on software.
Further confusing the situation, a lower court decision, In re. Allapat, contradicted the Supreme Court's precedent and declared software patentable.
Question for lawyers: Whom do we blame for US software patents?
Re:Diamond v. Diehr did not legalize software pate (Score:2)
There is a world of difference between patenting F=ma, and patenting bubble sorting by computer. (Both admittedly, now, quite old.)
Keep in mind, software is not the only way to calculate. You can do a least squares fit by either digital computer with software, or you can use a non-software analog computer made as a stick held in the fit position by rubber bands reaching to
They said you could not patent software. (Score:2)
The above quote makes it obvious that they continued to view a computer program standing alone as nonst
Judge Rich re. software patents (Score:2)
Is this the same Judge Rich the Supreme Court cites in Diehr as follows?
What changed his mind for In re. Alappat?
"Programmed computer = machine" defies precedent (Score:2)
That same reasoning applied to Benson would have resulted in a different decision. Even moreso for Flook. Judges Archer and Nies were right on the money when they wrote in the dissent,
Acacia's Patents Outlaws Streaming Video/Audio (Score:5, Interesting)
Acacia claims numerous patents covering the use of streaming media, such as video files and audio/MP3s, including original content, and is currently targeting the adult industry with thousands of patent infringement legal notices and lawsuits.
Note this issue has nothing to do with copyrights whatsoever...this affects all use of any streaming media by anyone.
Acacia has chosen to target the adult industry first, since they are an easy legal target, but make no mistake, Acacia is targeting everyone who uses, or even merely links, to any streaming media content, including individuals.
Acacia Reaching To Affiliate Sites 10-24-2003 [avn.com]
Patent holder unplugs porn network [com.com]
Hustler, Vivid, Wicked Sign Acacia Patent Licenses [avnonline.com]
See more details regarding Acacia's crazy and legally abusive "business method" patents: http://www.acaciatechnologies.com/technology_main
Acacia isn't the only company on the prowl...if Acacia is sucessful, there's a whole swarm of other entities that have zillions of other questionable "business method" patents ready to pounce on both industry and individuals alike with their patent infringement claims and manditory licensing for widely used "open" computer formats that they didn't even develop!
Re:Acacia's Patents Outlaws Streaming Video/Audio (Score:2)
And of course there will be a BMAA (Business Method Advancement Association) who are "standing up to method piracy." They go to bat for all of the method patent owners to sue & shut you down for having a garage sale (infringes on "m
Re: (Score:1)
Re:Acacia's Patents Outlaws Streaming Video/Audio (Score:3, Informative)
Indeed. This San Diego company [panip.com] claims nothing less than the patent on internet commerce. They started by suing dozens of small businesses with the apparent goal of getting a $5000 settlement.
Tim Beere, owner of DeBrand Fine Chocolates, refused to settle and started a group [youmaybenext.com] whose purpose is to fight this. It looks like they're making headway, but it would be nice to see some of the bigger players in e-commerce kick in to crush this thing. So far, it's a
Amazon the "patent Daemons" (Score:1)
Amazon Patent (Score:2)
A sad state of affairs (Score:2)
The patent system in the US is set up in such a way as to invite abuse. It would be rude for companies and individuals not to accept the offer.
Also, entire branches of law are propped up by the rediculous US patent laws. If it weren't for these laws, many poor attorneys would be knocked out of a job by sheer common sense, and they and their families w
Newsflash! (Score:5, Funny)
In other news, SCO has sued Amazon, for threatening to use patent litigation for profit. SCO claims they've patented the use of lawsuits as the only form of revenue.
Amazon sues SCO, claiming they can't patent lawsuits as a profit driver, since they own the patent patent.
Film at 11...
It's not just that... (Score:2)
"It's not just people selling to other people, you know. It's people selling to other people...over teh Intarweb!"
What really is too bad is that the USPTO gets bamboozled with claims such as this.
store.com (Score:3, Funny)
Jeez... (Score:2, Insightful)
For god's sake, pay an extra few bucks to avoid supporting this crap. Get off your duff and visit a local bookstore.
Save the hyperbole (Score:2)
They're not patenting the idea of people selling to other people. What they're patenting is a particular and specific description of *how* that could happen. If you could come up with a different way for people to sell to other people, you wouldn't be infringing. And you know what ? I don't see what it's being a a "cool" idea has to do with whether or not it should be patentable.
Well..... (Score:2, Funny)
#2) I'm surprised they haven't opened themselves up to about oh, say 126Million plagarism lawsuits/copyright infringement litigations
patenting people selling * to other people (Score:1)
First Amendment (Score:2)
Allowing a patent on "a service for allowing users to post product reviews for viewing by others" would mean that there could only be one such service allowed. This is a clear abridgment of the freedom of the press.
That's analogous to saying you have freedom of the press as long as you use the right one.
aside from the obvious (Score:3, Insightful)
Every time a company tried to claim IP ownership of some obviously derivative or mundane process, it discredits the system as a whole and makes it worthless.
Patents will be perceived as useful to the protection of IP as an MBA is indicative of business acumen.
Patent has nothing do with searchable text (Score:4, Informative)
This patent appears to cover Amazon's Z-Shops, not eBay's auction system, not text searching of books, and not just a business method. It covers a way to, in essence, share catalog information among small merchants in a marketplace. Having had a small online retail shop in the past, I can tell you that this is a great idea, and I wish Yahoo! Stores had had it back when I still had a shop.
Re:Patent has nothing do with searchable text (Score:1)
I need to Patent how to Patent (Score:1)
Once again then (Score:2)
Vote with your f-ing pocketbook for christsake!! Then contact your representatives and congress schmoozers. Corporations do have the upper hand on this stuff, but we still have a voice, however small it may seem.
What do all men with power want? More power.
Patently annoying... (Score:2)
RTFPA (Score:5, Informative)
What is claimed here is a very specific system for creating a catalog of preexisting items (i.e. a "list of everything") so that people can, instead of writing up a description of their item, find it in the big catalog and say "I have one of these, anyone interested".
Perhaps there's prior art for this (though I don't know of anything that's very similar), but it's certainly not a patent application for "selling stuff over the internet".
Geez... Give the guys some credit for thinking of a cool bit of technology (even if perhaps they aren't the first to think of this one... I reserve judgment on that)...
Re:RTFPA (Score:2)
It's also informative to go to the Patent Application Information Retrieval system (PAIR) [uspto.gov] and look up the current status of the application. Search for: "US 2003-0200156 A1".
Again (Score:2)
How much of my money have I spent buying products from Amazon? NONE.
Unlike many others who only pay lip service to their disappointment in Amazon's behavior, I've put mine into action. Patents notwithstanding, Amazon will get away with whatever we allow it to get away with.
Dang it! (Score:2, Funny)
Half.com (Score:2)
Re:is it that simple? (Score:4, Informative)
Here is a link to a weblog that mentioned it.
http://www.dalager.com/weblog/archives/00002
Re:is it that simple? (Score:1)
"...the swinging method of the present invention may be referred to by the present inventor and his sister as "Tarzan" swinging. The user may even choose to produce a Tarzan-type yell while swinging in the manner described, which more accurately replicates swinging on vines in a dense jungle forest. Actual jungle forestry is not required."
Seriously. What was this? 3rd grade File-A-Patent Day?
Re:is it that simple? (Score:3, Funny)
Re:Amazon has the right to do this... sorry folks (Score:2)