Judge's Ruling Spares 1-Click 120
theodp writes "Agreeing with Amazon's characterization of its 1-Click feature as a feature of an electronic product ordering system and not an electronic fund transfer or transaction system, a Judge has tossed out a $50M lawsuit that threatened Amazon's 1-Click patent. But outside of Court, Amazon touts its patent-pending Amazon Honor System as a way for Web sites to use 1-Click shopping technology for voluntary payment transactions - most notably for 9-11 donations and campaign contributions - that do not involve consumer goods or Amazon-specified prices, which the Judge argues are essential 1-Click ingredients."
This is what happens when... (Score:4, Insightful)
Large companies in the US are not held to the same standard as others are.
Welcome to Reality (Score:5, Interesting)
Re:Welcome to Reality (Score:5, Insightful)
Re:Welcome to Reality (Score:2)
"Republic" means there no king. It doesn't say anything about voting, protected rights, equality or replacability...
Re:Welcome to Reality (Score:3, Informative)
Anyway today a republic is the opposite of a monarchy. So altough The Democratic Republic of Germany might not have been democratic it sure was a republic - something the UK isn't.
DDR? (Score:1)
So altough The Democratic Republic of Germany might not have been democratic it sure was a republic
Isn't "German Democratic Republic" a type of computer memory (Deutsche Demokratische Republik, DDR for short)?
Re:Welcome to Reality (Score:1, Interesting)
Re:Welcome to Reality (Score:2)
Re:Welcome to Reality (Score:1, Insightful)
Extremely nationalistic.
Anti-liberal, anti-socialist (diametrically opposed to Marxist Communism)
Uses violence, propaganda and censorship to supress political opposition.
Note that 'political opposition' certainly does not include the current interchangeable main parties or other parties that are happy to operate within the existing system. It would be more accurate to say that America is developing into a Fascist state - since the Constitution is taken an holy
Re:Welcome to Reality (Score:1)
And what to you think of the EU and its plans for a millitary, would that make the EU facists? After all the EU already censors much more than the United states.
As for being nationalistic, well so is France, Germand, and most other countries on the planet. Look up who was making the most
Re:Welcome to Reality (Score:2)
Anti-liberal, anti-socialist (diametrically opposed to Marxist Communism) Uses violence, propaganda and censorship to supress political opposition.
Libertariens are also anti-liberal, anti-socialist, but diametrically oposed to facism !!!
Reality: As seen through the eyes of a madman... (Score:1)
Oligarchy?
All governments are rule of the masses by a choice few - to wit.
Until wealth, education, liberties, and opportunity are evenly distributed amongst the population, there shall always be the choice few.
Even then:
Re:This is what happens when... (Score:2)
Re:This is what happens when... (Score:2)
On "lesser of two evils" argument, this was a win...
Re:This is what happens when... (Score:1)
One-click shopping (Score:4, Insightful)
Re:One-click shopping (Score:5, Insightful)
The
Re:One-click shopping (Score:2)
Utilizing one-click actually imposes an act of submission upon its user.
Re:One-click shopping (Score:2)
Their "Honor" system patent has me worried, too. I know of several bank transaction systems and some credit card processing systems that already take this kind of an approach. I fail to see why the idea would be considered patentable -- especially when it's completely outside the product sales market that the judge defined for Amazon's existing patent.
Re:One-click shopping (Score:1)
Easy. (Score:1, Interesting)
Nothing more, nothing less.
Re:One-click shopping (Score:5, Insightful)
You objection seems to be that such a system is obvious. I wholeheartedly agree with you there. There are rules against patenting the obvious, and things like this seem to be slipping through. However, then you say:
Software patents are just pathetic.
It's not clear how the former justifies the latter statement. The patent on 1-Click appears to violate the existing rules for patents on obviousness. There are also plenty of non-software patents that violate such rules (playing with a cat using a laser pointer [164.195.100.11], the combover [uspto.gov], etc.). So how does any of this show that software patents in particular are pathetic? Or was it a non-sequitor?
Re:One-click shopping (Score:5, Insightful)
The other non-sw patents you mention are simply ridiculous. Software patents are pathetic since they are purposly broadly written so that pretty much anything done with a computer (even if it already exists in the non-software world) will infringe. That's pathetic.
Re:One-click shopping (Score:3, Insightful)
The LZW patent (which caused problems with GIF) was (despite it's other flaws) written sufficiently narrowly not cover anything done with a computer other than compression, and not cover the methods of compression used in gzip, JPEG, or PNG, or run length encoding. So your statement not only isn't true of all software pa
Re:One-click shopping (Score:2, Insightful)
Re:One-click shopping (Score:2)
Re:One-click shopping (Score:2)
If you took the word "software" out of your sentence it wouldn't make it any less true.
Re:One-click shopping (Score:3, Informative)
So how does that differ from the 1-Click patent? There are tons of other "obvious" non-software patents out there.
Software patents are pathetic since they are purposly broadly written so that pretty much anything done with a computer (even if it already exists in the non-software world) will infringe.
First of all, all patents are generally written as broadly as possible. Any good patent lawyer will tell you that. In one patent seminar I w
Re:One-click shopping (Score:1)
Re:One-click shopping (Score:1)
Re:One-click shopping (Score:2, Insightful)
Re:One-click shopping (Score:3, Insightful)
Very over-used, over-simplified, and wrong argument. Algorithms are procedures and methods. Mathematics is only one technique for writing the method down. But even if written in mathematics it does not mean it was "discovered". Discovery implies it is a universal truth and is inevitably achieved. This is true if the mathematics is a proof(e.g., Pythagoras theorum) or new form of performing mathematics (e.g., Calculus). It is also true of physcial laws. But it
Re:One-click shopping (Score:1)
should all software be off limits to patents? no. just like all uses of mathematics is not off limits (you can still patent things created using mathematics) for that reason, an AI system or an e-commerce system can be patented, but things like Error Correction Codes, Search Algorithms, and other basic algorithms can
Re:One-click shopping (Score:2)
Well, although I'm sure I can come up with a search algorithm that has no fundamental mathematical basis (and probably wouldn't work well), I'm sure you are referring to derived algorithms such as "shortest distance". (Obviously the shortest distance between two points is a fundamental truth and not an invention.)
should all software be off limits to patents? no.
And that's my main point. There are many
Re:One-click shopping (Score:2)
I disagree. "America was discovered, this invention/agorithm was created." To discover something implies it was there and you merely found it. Now if you want to claim Algorithms are discoveries because the potential of them exists then by that logic so are books, movies and machines.
Goedelization has proven that every algorithm already exists in form of a number. Therefore one could argue that any Algorithm is in fact discovered by assigning the functionality to that number obtained by goedelization.
I
Not necessarily all software patents (Score:2)
That's a gross overgeneralization. Take, for example this patent [uspto.gov] on the "Marching Cubes" computer graphics algorithm. The paper [acm.org] describing this algorithm made it into SIGGRAPH's Seminal Graphics [siggraph.org] collection of most important papers in computer graphics. Not all software patents are trivial and obvious.
Pay the judge... (Score:4, Funny)
Re:Pay the judge... (Score:2, Interesting)
And it's the best way the system can work. (Score:1)
Nonsense lawsuits like this are just ways for low-value whiners to try to damage successfull businesses, because they can't do better themselves.
Re:Pay the judge... (Score:2)
Mainstream Loudoun v. Loudoun Public Library, ruling in 1998 against filtering internet access in public libraries, on First Amendment grounds. Urofosky v. Allen, ruling against a state statute barring state employees from surfing for porn at work, overuled on appeal. Leonie Brinkema Biography [techlawjournal.com]
Justice Brinkman has played a critical role in securing a fair trial for Zacarias Moussaoui. Zacarias Mouss [caci.com]
I've already got a better system... (Score:5, Funny)
Combined with my no-return policy, business is booming!
So... (Score:5, Interesting)
In other words, if someone else were to implement 1 click ordering, and Amazon sued them, this case would have no bearing on that one.
Re:So... (Score:2, Interesting)
Re:So... (Score:2, Interesting)
That is correct. Basically, the judge said that the 1-click system Amazon implemented does not infringe the '055 patent. Whether and what Amazon has a patent on one-click doesn't matter.
Re:So... (Score:3, Insightful)
But as a nice bonus, anyone using a 1 click ordering system can expect to be sued by two companies now. Keep up the good work USPTO.
Patenting the act of programming???? (Score:5, Interesting)
There is a world of prior art here, going back even before computers were invented, to the initial use of abstractions to express a more complex thought.
Re:Patenting the act of programming???? (Score:4, Funny)
That statement sounds VERY patentable.
Re:Patenting the act of programming???? (Score:2)
8*)
This is slly (Score:4, Interesting)
PS, I think software patents are bad, but in the framework that they are legel there is a case to be made for one-click.
I am more pissed that software patents tend to patent ideas and not implementations (the source code). If a software patent required the code to the application, whch would then become public domain it would make a lot more sense.
Re:This is slly (Score:2, Informative)
Mutter, mutter (Score:5, Insightful)
I don't see how any company thinks it can win by trying to pull this kind of stunt. Well, other than by the fact that companies usually do win by pulling this kind of stunt, because nobody really pursues it, since they expect the company to lie through their teeth anyway.
That, I think, is the biggest problem. Because nobody expects a business to have any integrity, they don't do anything when that proves to be the case. If you want better, sometimes you've got to believe you deserve better and do something about it.
Re:Mutter, mutter (Score:1)
Re:Mutter, mutter (Score:3, Informative)
Re:Mutter, mutter (Score:2)
Amazon is merely taking notes from the Grandmaster [sco.com].
Patents... (Score:5, Funny)
Re:Patents... (Score:1)
Re:Patents... (Score:2)
Re:Patents... (Score:1)
"OMG! I just got a subpoena! Seems I'm being sued by the RIAA and BigFatGreedy records for sharing my thoughts with you about that new CD you bought last week! SHIT! BASTARDS"
Dogbert (Score:3, Funny)
You better click something or I have to ship you some books.
Re:Patents... (Score:2, Interesting)
Unless MS already patented 'Repeated clicking on a window in order to elicit response'.
One click shopping and alcohol... (Score:2, Funny)
Amazon seems to have invented 1-click patenting (Score:2, Interesting)
Companies should compete on their implementation of ideas rather than the ideas themselves. Amazon's implementation of 1-click is so excellent that it makes me want to shop there rather than anywhere else. Amazon's attempt to patent 1-click makes me want to shop elsewhere.
I hereby claim my patent: 1-stick.
"A method that allows multiple users to, using a single mouse operation, to stick their finger up at Amazon."
How about workarounds? (Score:4, Interesting)
Have they patented the process, or have they patented the 'look and feel' - which cannot be patented (to the best of my knowledge)?
Re:How about workarounds? (Score:2, Insightful)
I am going to impliment the all new
"MouseDown/MouseUp Purchasing Combination"
Re:How about workarounds? (Score:2)
What's a design patent do then?
Note: I don't know the answer. I just assumed from the name that design patents cover look and feel kind of stuff.
this is a good patent (Score:2, Interesting)
more than just one click. The potential for
accidental purchaces is too high. I'm totally OK
with nobody but Amazon being allowed to do this.
Better would be if Amazon couldn't use it either.
Just imagine:
Oh no! My cat bought a Brittany Spears CD!
Re:this is a good patent (Score:2)
FWIW, there's a window of time before the order begins being processed, and you can cancel an accidental purchase during that time.
Re:this is a good patent (Score:2)
So amazon had automagically enabled one-click on that public machine, so some time later someone was able to order a dozen "parental guidance" rubbish rap cds and send them to my house by one-clicking. It took a few international phone calls to try and clear that up, but I did n
Re:this is a good patent (Score:1)
Re:this is a good patent (Score:2)
Zero-Click Shopping (Score:5, Funny)
BMG has had zero click shopping for years. (Score:2, Insightful)
Heh (Score:5, Insightful)
Look, if you're so outraged by Bezos and his stupid fucking patents, STOP SHOPPING AMAZON and STOP ENCOURAGING OTHERS TO DO SO. Might I recommend bn.com or, God forbid, get off your ass and drive to your local Mom and Pop bookstore? The latter is almost certainly more deserving of your loyalty than is Amazon.
Re:Heh (Score:2)
In other countries... (Score:2)
In other countires, Amazon buys YOU!
In some countries, Amazon has a great infrastructure; much better than any other local retailer. It's simply the easiest and fastest way to order books there, that would take AGES to get through other online retailers or local book stores. It's also often cheaper than ordering from other foreign online book stores that charge a fortune for intl. shipment.
So Amazon is not playing nice with its 1-Click patent (esp. on direct competitors like BN), but are there real reas
Re:Heh (Score:1)
Perhaps we value our time differently.
What? You're too good to pick up the phone and call the local store?
Re:Heh (Score:1)
Yes you are. And ultimately, you'll pay the price by living in a sterile, boring, lifeless suburbia because all small retailers will have died. Hell, it's already happened in most of the US.
Re:Heh (Score:2, Informative)
Re:Heh (Score:2)
Re:Heh (Score:2)
There are still some REAL shops around. Visit these. There, you can
1) order a book and, while doing so, chat up that awfully attractive French philosophy student who is doing her "stage" in YOUR city
2) handle & turn pages in REAL books
3) open a book that looks interesting and actually SMELL that great perfume of fresh print ink and new paper -- not to speak about the subtle pleasure of being the first to crinkle the back / binding of a virgin book
All these, you cannot do at Amazon,
Re:Heh (Score:1, Offtopic)
Re:Heh (Score:1)
1-click fraud (Score:4, Funny)
One-Click shoplifting (Score:1, Funny)
What about 1-click voting?!? (Score:1)
Americans (Score:2, Informative)
lawyer firm too good? not enough billables? (Score:3, Interesting)
[OT] Only patent solutions to unsolved problems? (Score:1)
a. A "unsolved problem" is registered for a small fee with the patent office by a potential inventor or licensee. A $1000 bond is held by the patent office.
b. Patent office is required to publish problem in a clear and unambiguous fashion.
c. If a solution is discovered in under 12 months the discoverer may claim the $1000 bond, in exchange for giving up the right to patent their discovery.
d. If after one year the bond has not been claimed the bond will be returned, a
Re:[OT] Only patent solutions to unsolved problems (Score:1)
So (Score:2)
Not quite (Score:3, Informative)
Amazon was sued for allegedly infringing IPXL's patent. IPXL's patent was VERY specific and the court found that Amazon's 1-Click system did not do all of the things that IPXL's patent claimed as their own invention, hence Amazon won.
It is true that PART of Amazon's defense was that the 1-Click system is not an Electronic Funds Transfer (EFT) system. The poster suggests this is disingenuous because they are touting their EFT capabilities in the CNET article. However, the article explains that Amazon is seeking OTHER patents to cover those EFT systems, and so the 1-Click technology is not relevant to those applications unless it turns out to be prior art. It might seem obvious to the lay person that it is (and probably it should be) but the lawyers writing patents for Amazon get paid a LOT of money to write good patents, and you can be assured that they will find a way to write up these new patents in such a way that the 1-Click technology is not invalidating prior art.
If you want to be irked with something, it's not this judge, Amazon, or even the lawyers involved that should upset you. They are dealing with the system they've been handed. Only Congress can decide that software patents themselves are a bad idea, so tell them you want to see a change if you're upset by all of this. Complaining about the rest of it is misguided and won't solve anything. The only other thing you could do is donate to EFF who is actively involved in busting bad patents. See link in sig.
Game of Monopoly (Score:1)
The patent system has denegrated into patenting ideas. Ideas have always been explicitely excluded from the patent system and this is why the patent system has survived till today.
Now monopoly is the best way to describe the patent system today (I don't know who originally came up with this analogy). People start the game in a desperate land grab. As the game progresses you own enough patents to demand an income from your rivals randomly landing on your patents.
Patents can be categorised into different a
Re:but... (Score:4, Insightful)
Re:but... (Score:5, Funny)
Devising a 2-click shopping mechanism is simply the 1-click mechanism two times. Now you're in violation twice.
Re:but... (Score:5, Interesting)
Re:but... (Score:1)
And they had some fuzzy little pattent in the US that could in their limited minds be interpreted as to represent what the www is today...
That is the problem with patents... they use broad terms of today and some years later are interpreted with another cultural focus and pushed to mean another thing...
That is why would be important for software patents to be acompained always with one implementation. That way, you could check with the implementation