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Amazon Sued For Patent Infringement
Daeslin was the first to write with the news that Amazon has been sued by Intouch for patent infringement. Intouch alleges that Amazon has violated their patent describing a way for customers to preview music samples over the Internet.
Listen. The opinions and actions of Amazon have not been the heinous force of evil that everyone seems to think. A business (any business) is legally required to attempt to make money for it's investors (or risk getting sued). As this is the case, Amazon had no choice but to work within a flawed system. They had to attack B&N, and they have to defend themselves now. So this is all really evidence of a fundamentally flawed patent system.
Patents aside, I actually like everything else Amazon has done. They have proven that a "new economy" business can work. (Their book division is already profitable, with their other divisions not far behind) They make a (formerly complex) aspect of my life incredibly simple.
If Amazon is smart, they will put some of those overinflated stock dollars toward fixing the broken patent system. This would, IMHO, solve all of their patent problems. Both legal-wise and PR wise.
Thank you for not thinking.
A poor man once went to his wealthier neighbor and told him, "Sir, my son is soon to be married, and his bride's parents will be coming to visit. But my house is bare and I am ashamed that they will see it like this. Could I borrow from you your silver spoons?"
The rich man considered it - he was not one to lend out his things lightly - but ultimately agreed. The next day the poor man returned with the spoons, and another small silver spoon as well.
"What is this?" the rich man asked.
"During the night one of your spoons gave birth. Since it is your spoon, the child should be yours as well."
The rich man thought this was ludicrous, but he was not one to pass up good fortune, so smiling he accepted the small spoon.
Several weeks passed, and again the poor man came to ask to borrow the spoons; remembering his previous good fortune, the rich man assented, and once again found himself presented with another spoon.
A few weeks after that, the poor man came to the rich man again, explaining that the wedding itself was coming up, and asking to borrow his silver candlesticks. At this the man hesitated; spoons, yes, but those candlesticks were pure silver! But mindful of his previous luck, and with visions of money dancing in his head, he agreed to let the poor man borrow them.
The next day the poor man came back, empty-handed.
"Where are my candlesticks?" the rich man asked.
"It is horrible! Last night they were beautiful - but this morning, I came and they were both dead!"
At this ridiculous line the rich man flew into a rage. He accused the poor man of being a thief, and soon the two came up before the town rabbi, who heard their case.
The rabbi considered it carefully, and said: "If a spoon can be born, why can a candlestick not die? If you chose to accept nonsense when it was profitable to you, you can accept the same nonsense when it brings you loss."
So it is with Amazon; as they accepted the idea of one-click patents to protect their money, they can accept the idea of sampling audio as well. Perhaps once this is finished neither side will be so foolish again - and the patent office will not encourage them.
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Although it's tempting to say "it serves them right", it's just one more example of how broken the US patent system has become!
The patent they have infringed is another one of these translate something from a normal environment where it's obvious to the Internet and then claim it's novel things.
Going into a music shop and listening to the music before I buy a CD is hardly earth-shattering in the real world. It shouldn't be on the Net either. I really wonder if the USPO assessors get out at all! :)
Stephen
It's pretty easy to think that way... the problem is that this doesn't help anyone. Amazon's laywers will just see it as proof they need to agressively use their IP. It makes the high tech field into a prisoners game, where people have no reason to help out a neighbor because
Reading the headline I barely surpresse a chuckle, as I was thinking pretty much the same thing. As I read further it just makes me sad. Many people share this common belief that we can uplift our situation and make things better using technology. It saddens me to think how much hard work and money will instead be devoted just working around these trivial patents. How ironic that the patent system was designed to help industry move forward and is now the biggest threat to forward progress there is.
ObDisclaimer:
liquid audio pays my bills, but I don't speak for them.
--
Be insightful. If you can't be insightful, be informative.
If you can't be informative, use my name
Be insightful. If you can't be insightful, be informative.
If you can't be informative, use my name
Before all of you start waxing about poetic justice (too late), go read the article, or check Intouch's site. You'll note that link is straight to the particular product that holds the patents that they claim are being violated.
Redundant summary for the billions of you too lazy to read the article:
According to the CNet article they got one patent back in 1993 and another in 1999. They feel sites such as Amazon.com, Liquid Audio, Discover.music.com, and more have violated this patent repeatedly and are stealing their market share.
The particular product that's being abused is the iStation (a name as original as the patent) that allows customers at a CD store to listen to music online. Note the database is accessible only from the CD store, not to the common internet surfer.
This suit has no relevance in my opinion, because the audiences are completely different. It seems as if InTouch is suggesting that all online music-samples should come from their database.
This isn't poetic, this is far lower and more frivolous than Amazon's One-Click patent.
But then I remembered Bezos' defense of his companies' patents. He said that he felt as much as we do that they're bad, but he had to use them because everyone else did and they were necessary to compete.
Unfortunately, this lawsuit will only further convince amazon that everyone is using patents and lawsuits and they must too in order to be competitive. As a matter of fact, our attempts to convince amazon to change it's position on this issue may be seriously set back. This is a sad, sad day...
The bus came by and I got on
That's when it all began
There was cowboy Neal
At the wheel
Of a bus to never-ever land
I'd rather be lucky than good.