Canada's Federal Court of Appeal To Rule On Business Methods 34
ciaran_o_riordan writes "After last month's unfortunate ruling by Canada's Federal Court that Amazon's 1-click shopping idea could be patented, the Commissioner of Patents and the Attorney General of Canada have filed notice (PDF) to Amazon.com, Inc. (respondent) that an 'appeal will be heard by the [Federal Court of Appeal] at a time and place fixed by the Judicial Administrator,' probably Ottawa. This case, called Canada's Bilski, has been in the works since Amazon filed their patent application all the way back in 1998. Just like Bilski, the object of this case is what subject matter is and isn't patentable — a question which will create crucial case law, making participation in this case important. Anyone looking for more background, particularly those interested in helping to prepare an amicus brief for this case, is welcome at ESP's wiki page."
Oh !!! (Score:2)
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Don't forget poutine and beaver tails.
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Don't forget poutine
Oh, french fries in a heavy gray, topped with cheese. Now that's real healthy! On the other hand, on a business trip to Montreal, one of the locals explained that if you were a fur trapper, hiking it up to the Hudson Bay in the winter, that fat was burned off really fast.
and beaver tails.
Whenever I chase beaver tails, it always gets me into trouble.
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When I am in Montreal I personally chase camel toes; but hey! each to is own.
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If you're using cheese you're doing it wrong. Proper poutine is made using curds, and like the child poster under you. When you're in the middle of no where, you burn through those calories and fat very quick. In the 3mo I was in the middle of no where, I was easily burning through nearly 3800cal/day and still losing weight.
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They have bacon flavored potato chips? Is there a petition I can sign or something?
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The milk comes in bags, too. Wrap your head around that one.
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it's not in bags, those are reprocessed cow's udders.
It's just so broken... (Score:5, Insightful)
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1. IF the person is not logged in, then they have to log in to pay for something/
2. IF the person is logged in, if they don't have payment info on hand, request it.
3 IF the person is logged in and their payment info is on hand, just let them buy it.
There's no "creativity" in what's an obvious step - and actually easier to implement than a shopping cart.
-- Barbie
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you should be moderated way higher than you are, This phares is insidhgtfull as hell :
So you sign the contract knowing full well that you most likely are in breach, but the odds of you getting sued are sufficiently low to take the risk. How software and business method patents could possibly encourage innovation is beyond me.
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It encourages innovation by, in a legal sense, forcing developers to come up with new ways to accomplish given tasks.
Granted, this theory, while good, falls short of the goal. There may be a thousand different routes you can take to get to Disneyland from your house, but only one of them will be the fastest, and most of them will be ridiculous. If lawyers and law makers understood this sort of logic, then we'd be in a much better place, now.
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Software and business methods should not be patentable - if for no other reason that most software patents are written by lawyers and therefore incomprehensible.
Almost all patents are written by (patent) lawyers. I do know one guy who received two "method" patents and wrote each one himself. But, that's the exception to the rule. Patents appear to be incomprehensible by design. Call it job security for patent lawyers. If we apply your criteria to all patents, we'd have very few patents (and fewer patent lawyers). Good luck with that.
Time and time again we are required in software contracts to warrant that we do not infringe on third party rights including patents. It is an impossible warranty to give as it is impossible to know if you do. There are so many software patents granted in so many esoteric minute little areas that for any remotely complex software you could spend a lifetime searching and trying to figure out if you did infringe on someone's patent. And the odds are very high that somehow you do. So you sign the contract knowing full well that you most likely are in breach, but the odds of you getting sued are sufficiently low to take the risk.
The courts are fully aware of how it would be impossible for any individual to have complete knowledge of all patents that exi
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Software and business methods should not be patentable - if for no other reason that most software patents are written by lawyers and therefore incomprehensible.
If that's your sole reason, then why should anything be patentable? Machines? Nope, those patents are written by lawyers. Pharmaceutical compounds? Nope, written by lawyers.
Really, it seems that your complaint is that you can't understand it. Should we abolish software because many people can't read assembly?
Time and time again we are required in software contracts to warrant that we do not infringe on third party rights including patents. It is an impossible warranty to give as it is impossible to know if you do. There are so many software patents granted in so many esoteric minute little areas that for any remotely complex software you could spend a lifetime searching and trying to figure out if you did infringe on someone's patent. And the odds are very high that somehow you do. So you sign the contract knowing full well that you most likely are in breach, but the odds of you getting sued are sufficiently low to take the risk. How software and business method patents could possibly encourage innovation is beyond me.
Again, the same holds true in every industry. If your complaint is about all patents, then argue that. By only complaining about software and business methods, your arguments are inherently inconsisten
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Just what is the difference between 'hardware' patents and software patents or even business methods?
I understand people who are against all patents.
I understand people who are patents in all industries.
I don't get people who seem to think a patent on an innovation on say a new engine is valid... whereas software patents are not.
I remember a while ago, I saw an ad for the Toyota Prius... and it bragged it had over 1000 patents. Hands up if you think GM, Ford, Honda... in their regular day to day product de
Anonymous Coward (Score:2, Informative)
Relax guys, it's only happened at the First Instance Court. These kinds of decisions need to be taken by the Supreme Court before having full effect. In time, it will get there and we will know the state of the Law, for now just be patient.
What? Now one can patent ideas as as well? (Score:3, Funny)
"...After last month's unfortunate ruling by Canada's Federal Court that Amazon's 1-click shopping idea could be patented..."
It's been my understanding that the only things that are patentable are 'methods' but not 'ideas'. So are we in the regime that supports the notion of patenting ideas?
If that's the case, I better file a patent application for the idea of having the computer 'read my mind' then enable the typing of my thoughts. This can be useful in saving folks what has come to be known as carpal tunnel syndrome.
How about that?
Phelan: a change in the customer is sufficient (Score:3, Interesting)
Per Phelan, you are changed.
Not a problem (Score:3, Funny)
While they're at it... (Score:2)
why the editorial? (Score:3, Insightful)
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So the editor is basically speaking the majority consensus. That said, I doubt anyone wants to have one click shopping patented - except of course Amazon.
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You are mistaken: quite a few people want one-click shopping patented - Amazon was just the first to think of it.
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What I meant is "I doubt anyone wants Amazon to have the one-click shopping patent"
If there was no patent, everyone could have one-click shopping and be happy.
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I'm not trying to be a troll or anything, honestly I'm new to Slashdot, but why would they report a court ruling as "unfortunate"? I honestly don't know enough about the issue yet to have an informed opinion, but it seems the poster or Slashdot wants for me to have the preconception that this is not a good thing.
Ciaran, the article poster, runs the "End Software Patents" wiki. Although a nice guy, he clearly has a bias in this area. Take the summary with a grain of salt.