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E-Bay Patents Thumbnail Galleries

goaliemn writes: "In yet another stupid patent filed department, E-bay has filed to patent their thumbnail gallery section of e-bay. I know of afew sites that may have existing work well before ebay." Surely someone who works at Ebay can tell us this is a late (or early) April Fool's joke, right?

192 comments

  1. Maybe they mean... by Nagash · · Score: 2

    Maybe they mean being able to click on a thumbnail and allow you to purchase or bid on it. I don't know. There has got to be more to this patent than just thumbnails because there is prior art of this on private homepages for God's sake.

    I can almost bet that the additional "innovation" of this "invention" has to do with the ability to use/take your money in some way.

    A link to the patent or something substantiating this news would be very appreciated.

    Woz

    1. Re:Maybe they mean... by HeppyCat · · Score: 1

      >A link to the patent or something substantiating this news would be very appreciated

      Well, their website does say 'Patent Pending'

  2. Wait.. by Dr_Bones · · Score: 2

    Anyone else get the feeling that these patent stories are being posted simply to piss us off? I mean, by now, we all know that the patent office has no clue. Let's move on, and drop the patent stories please.

    1. Re:Wait.. by jje · · Score: 1

      Why not just log in and ignore them in your preferences? There are probably others here who still read them.

      http://mp3.com/jje

      --

      http://mp3.com/jje
      "Baka." --Ruri, Mobile Battleship Nadesico
  3. Re:What About Porn?! by MultimanZ · · Score: 1

    Funny. I only goto them to jack off.

  4. Re:Rash of stupidity... by Anonymous Coward · · Score: 1

    I wish this post could be moderated higher than 5, more deep than insightful. What this poster says goes to the core of many problems today.

    There are people who sue at the drop of the hat, and practically make a living off of it as it's been their majority income for the last couple of years. I'm thinking of starting a business, but every step includes watching out for who can sue you. Worse yet, as the poster says, people with deep pockets will ultimately win (O.J. anyone?).

    This problem goes for personal issues too. Try to set up a community play area for kids? Noone wants to unless you're a city government due to the threat of someone suing you (insurance notwithstanding). Our condo pool may be shut down due to those circumstances. Someone will do something incredibly stupid in the pool, and then sue the owners, becuase boy they just aren't responsible for their own actions, those poor dears.

    If it isn't happening already, soon everyone but the ultrarich and laywers will be afraid to say or do anything out of fear by being sued by someone with deeper pockets or nothing to lose. We will evolve into a class system of lawyers, those who can afford lawyers, people who serve the first two classes, and those with nothing to lose. Those who serve will meekly go to work for some asshole, go straight home and huddle around the TV, and spend remaining hours buying things that the TV told you to buy.

  5. Don't blame corporations - blame EBay by donutello · · Score: 2

    I'm tired of this tirade against corporations. Corporations in themselves are not evil entities. They are run by people. It's those people that decide what does or does not get done.

    It was the people that comprise the board at EBay (or whatever functionary who did it) that decided to file a patent for this. This could have been an individual running this website or it could have been a corporation - given the right circumstances they are both equally likely to do the same dumbass thing.

    Stop blaming corporations for all the problems of this world and stop listening to Ralph Nader so goddamn much. Corporations in themselves are not evil or good - it's the people that run them that are. It's convenient to blame corporations because they are this nebulous faceless entity that's easy to hate. Too convenient. It's about time the blame started getting put where it belongs.

    --
    Mmmm.. Donuts
    1. Re:Don't blame corporations - blame EBay by Malcontent · · Score: 1

      Corporations are soul-less immortal beings. They are summoned by elite priests which know arcane knowledge and incantations. By performing a ritual using these incantations these priests summon into existance a being which serves them and which they in turn serve. This being once summoned can only be banished by incantations of priests which are more powerful or clever then the beings who serve it. A corporation of course can not be killed in any other way.

      A corporation having no soul is not bound by any religious, philosophical or more-related ethical system. No god nor mortal can inflict judgement upon it. The corporation has great power to grant riches and rewards to the people who summon it and serve it. This way the corporation is easaliy able to corrupt even the most stalvart souled being. The corporation also is extremely powerful and routinely exerts influence and power over all beings weather or not they serve it, even those beings which are supposed to watch over it. For example a corporation may kill hundreds or thousands of human beings without being subject to criminal prosecution.

      In short. A corporation most closely resembles demons as described by most of the religions of the world. For a true understanding of these soul-less immortal beings I suggest you pick up a bible, koran, vedic literature, or a book of ancient demons and pay special attention to the denizens of hell.

      --

      War is necrophilia.

  6. Re:I'd love to be the lawyer... by ColdGrits · · Score: 5

    Uh-hu.

    How about you go and read up about the patent eBay has applied for THEN come back - you see, the patent is SPECIFIC to online auctions (in fact, not even THAT general!), so your pr0n galleries are irrelevant to the patent.

    I just LOVE the way so many people round here these days post without acquainting thenselves with the basic facts on the subject first :(

    --

    --
    People should not be afraid of their governments - Governments should be afraid of their people.
  7. Re:Patent jpg by Crash17 · · Score: 2

    This is the same situation I have. I'm holding the patent on breathing, but I'm not enforcing it.

    Anything that can go wrong will. - Murphy's Law

    --
    Anything that can go wrong will. - Murphy's Law
    Be prepared. - Boy Scout motto
  8. Maybe I should become a patent examiner... by aquarian · · Score: 1

    Someone has to protect us against this shit. I hear the pay over at the Patent Office really isn't too bad, and that they *are* hard up for good people.

  9. Re:I Got Your Prior Art! by Black+Art · · Score: 2

    I have already contacted them. They are investigating to see if the program is covered by the patent and if it is actually prior art. It looks like it may be, but it is hard to say without a patent lawyer looking it over first.

    --
    "Trademarks are the heraldry of the new feudalism."
  10. Defensive Patents by pbryan · · Score: 1

    I can't blame eBay for doing this. I have been contemplating applying for patents on yet unpatented trivial technologies so that I can ensure that another bozo won't come along later and sue me for using their "technology". Various Slashdot articles have been posted on various attempts at organizing a "defensive patent" initiative.

    I blame the PTO for allowing these stupid patent tricks. When one company can successfully patent hyperlinks, another can patent "pushing a button to place an order" on the Web, and others can patent genetic sequences without even knowing what they do, you've gotta expect that more crazy patents will be coming next.

    Companies, who are just trying to do honest business using new technology, now have to continuously look over their shoulders to make sure nobody's going to pull the rug from under their feet, or pay "protection" to the companies who have already secured patents and are willing to negotiate a "licensing deal".

    --

    My car gets 40 rods to the hogshead, and that's the way I likes it!

  11. Re:Here's the patent.. by sallen · · Score: 1

    Gee, that kind of sounds like what Yahoo has been doing for some time... do a search, you get a list of items, thumbnails, pertaining to the results of the search. Yup, that's real original.

  12. I've got an idea. by YoDave · · Score: 1

    I'm gonna patent sex. Then I'll just sit back, relax and live off all you perverted bastards.

    Dave
    ~""~

  13. US Ebay Patents by DaneelGiskard · · Score: 5

    Even more Ebay patents...

    1 6,167,386 Method for conducting an on-line bidding session with bid pooling
    2 6,073,117 Mutual credit server apparatus and a distributed mutual credit system
    3 6,058,417 Information presentation and management in an online trading environment
    4 6,058,379 Real-time network exchange with seller specified exchange parameters and interactive seller participation
    5 6,044,363 Automatic auction method
    6 6,012,045 Computer-based electronic bid, auction and sale system, and a system to teach new/non-registered customers how bidding, auction purchasing works

    You can find them here.

    Got this from the United States Patent and Trademark Office

    cheers
    mike

    1. Re:US Ebay Patents by ZanshinWedge · · Score: 2
      Hmmm, a lot of these sound overly broad.

      1 6,167,386 Method for conducting an on-line bidding session with bid pooling
      OK, I can believe that, sounds moderately reasonable at least.
      2 6,073,117 Mutual credit server apparatus and a distributed mutual credit system
      Zuh?! I guess it's time slashdot paid eBay the royalties for their karma system.
      3 6,058,417 Information presentation and management in an online trading environment
      Yeah, this is practically the definition of an overly broad patent.
      4 6,058,379 Real-time network exchange with seller specified exchange parameters and interactive seller participation
      Makes sense, but I don't think it's enough of a "new idea" to be patentable.
      5 6,044,363 Automatic auction method
      Huh? Are they talking about incrementing the bid until it's above everyone but one person's highest bid? Yeah, that sounds like an incredibly complicated and new idea.
      6 6,012,045 Computer-based electronic bid, auction and sale system, and a system to teach new/non-registered customers how bidding, auction purchasing works
      The teaching part makes some sense, but I don't really think either one of those are particularly patentable ideas.

      Ya know, I don't think we would all mind if these numnutz patented genuinly new and unique concepts instead of trying to patent everything and the kitchen sink just because they were in the market early and have tons of cash.

  14. Re:Don't just blame EBay - blame the system by PMoonlite · · Score: 2
    I see, so no one has any responsibility unless they are legally bound to it? What a crock! The law is only good for deciding who was wronged when an argument is brought before the court -- not for defining responsibility to others. We should hold corporations accountable for their actions, whether the law does or not, and that means taking whatever action is necessary to let them know that they are stepping over the line.

    Corporations respond to the bottom line -- if you want to stop being a victim of corporations, quit buying their products, write them explaining how you feel and the course of action you are taking, and encourage everyone you know to do the same.

    You don't sit back and wait for the police to come when there's a maniac with a gun in your house; you take him out, or you get out yourself -- you take action! You don't sue your neighbor when his music is too loud -- you tell him yourself! Can we all take a little responsibility?

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    -- Moderation in all things, exceptions to all rules --
  15. Hyperlinks by AstroPup · · Score: 1

    I'm sure they are paying for using patented hyperlinking technology on those galleries.

    1. Re:Hyperlinks by while · · Score: 1
      No, but you can be found guilty of a breaking the laws of logic. The link may be here, but you don't want a link, you want the page! The page is there. You can get to it by clicking this, but that seems just a bit too obvious.

      Someday, we will get over our fascination with HTML. A link is meant to be a convenience, not some clever way to hide the URL! OTOH, if we hadn't done it that way, we probably would be tricked by links to goat sex quite a bit more often...

      (end comment) */ }

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      [an error occurred while processing this directive]

  16. Does this mean a new boycott? by PsychoSpunk · · Score: 1

    Where the hell am I supposed to buy random shit that obviously nobody wants but those 3 other guys who consistently outbid me?

    --
    ALL HAIL BRAK!!!
  17. I Got Your Prior Art! by Black+Art · · Score: 3

    I don't know the date of their "invention", but there was a web site I worked on MANY years ago. (1996 or so) that used thumbnails in just this manner. The site no longer exists, but the company I wrote it for still does. Incredibly obvious idea. Anyone who has used an image viewing program in the last 10 years could think of a web version.

    --
    "Trademarks are the heraldry of the new feudalism."
  18. Don't just blame EBay - blame the system by Sanity · · Score: 5
    You can never count on corporations to do "the right" thing, their sole responsibility is to their shareholders and to increase shareholder value. If the law creates a way, immoral or not, for corporations to increase shareholder value, it is in their nature to exploit it. It is the responsibility of lawmakers to prevent this from happening, however lawmakers depend upon corporations to get them elected.

    So what happens? The strong get stronger, and the weak get weaker, we may as well be kids on a remote island being seduced by the Lord of the Flies. We have two ways out, either people start using their vote (unlikely), or technology will come to our rescue just as it did when the printing press helped society break free from the church's control.

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    1. Re:Don't just blame EBay - blame the system by nick_davison · · Score: 1
      or technology will come to our rescue just as it did when the printing press helped society break free from the church's control.

      It did. We called it the internet. Everyone had an equal voice. Then some idiot allowed some other idiot to patent voices.

      When the printing press was invented, the world didn't have lawyers to quite the same degree. Maybe that's what we need technology to produce - a virus that selectively kills off people with a faulty ethic gene [lawyers]. Oh, only some lawyer's already organised patenting of genes, so they're protected from that too.

    2. Re:Don't just blame EBay - blame the system by EZLN · · Score: 1

      You can never count on corporations to do "the right" thing, their sole responsibility is to their shareholders and to increase shareholder value. If the law creates a way, immoral or not, for corporations to increase shareholder value, it is in their nature to exploit it. It is the responsibility of lawmakers to prevent this from happening, however lawmakers depend upon corporations to get them elected.

      BULLSHIT!"It's not me, it's the system!" Ok, here's how it goes, corporations are made up of people, and in the end it's the people in the corporation who make decisions who are responcible for the corporations acts. "It's just business" is the biggest load of shit...it's just a way for people to justify thier immorallity. If i can kill a hundred people and it's profitable doesn't mean it's morally right and if it's legal doesn't mean i should do it. I don't blame the system, i blame Ebay, and more specifically, the decision makers within the comapny

      You see, corporations aren't just big faceless entities, they are run by people. We often forget that and thus decided that it's "thier nature" to seek profits no matter what. This is total bullshit, just as there are people running businesses who would kill thier mother if it made a buck, there are people running businesses who have a backbone and some morals and refuse to give into the "get the money" mentallity. You know of 'em, the news stations always run puff pieces 'round christmas about the business who gave it's employees a unheard of bonus or something to that effect.

      voting and technology aren't gonnna solve the problem. How the hell is technology gonna stop money grubbing bastards....no, if there's gonna be a change it's gonna be from the ground up. It's gonna be a total change in our culture. I can already see it starting....there's a growing resentment towards corporations and profittering. You can see it in on slashdot, you can see it in our mass media with with movies like fight club (yes, fight club, it's a critique of materialism and wage slavery to corporations) , You can see it with the growing protests (WTO, IMF, ect) It's just a matter of time before the movement gains critical mass but when it does, it's gonna be unstoppable.

      sorry about the horrible spelling and "The only bad F-word is FCC" -Tom Morrello

      --
      You can kill the revolutionary but you can't kill the revolution
    3. Re:Don't just blame EBay - blame the system by Solidus+Fullstop · · Score: 1

      People are going to have to realize that the Net is another medium, and it has to be sponsored commercially and it has to play by the rules of the marketplace. You're still going to have sponsorship, advertising, the rules of the game, because it's just necessary to make commerce work. I think that a lot of what some of the original Net god-utopians were thinking is that there was just going to be this sort of huge anarchist, utopian, bliss medium, where there are no rules and everything is just sort of open. That's a great thought, but it's not going to work. And when ebay gets on the ball in a hard fashion it's going to be the people who first create the commerce and the environment, like yahoo, that will be the market leaders..

      Solidus Fullstop, Esq.

      --

      Solidus Fullstop, Esq.

      "hey, you stole that sig from me!"
    4. Re:Don't just blame EBay - blame the system by Sanity · · Score: 1
      I see, so no one has any responsibility unless they are legally bound to it? What a crock!
      No. My point is that you cannot expect corporations not to exploit a dumb law. Of course, corporations can be forced into appearing that they have morality, but this is - at best - a PR exercise. Corporations are immoral, their only purpose in life is to increase shareholder value. If this means that they must give the appearance of morality, then they will do that, but most of the time, it doesn't.

      --

  19. Heh... by reh187 · · Score: 1

    Lets UNDERMIND their patent by patenting this:

    <img src="INSERT YOUR PICTURE NAME HERE">

    Lets see how their gallery works without that!!!

    --
    Sarcasm is the recourse of a weak mind...
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    1. Re:Heh... by $FFh · · Score: 1

      You really should know better, it SHOULD be:
      <img src="INSERT PICTURE NAME" width="WIDTH" height="HEIGHT" alt="TEXT DESCRPITION">

    2. Re:Heh... by Afterimage · · Score: 1

      Add to that the XHML/CSS compliant version />

      --
      --Humpty Dumpty was pushed!
  20. Of course ... by jetpack · · Score: 5

    ... you do realize EBay is only patenting this so they can put the patent rights up for auction, right? You don't suppose the winner of said auction would be a porn site, do you? hmm? ;)

  21. Re:Rash of stupidity... by Hooptie · · Score: 1
    Why are they trying to do this, and why is the patent office letting them?

    This is very easy to understand. First they are doing it because they can and thye hope to be able to sue/license/harass anyone else who even thinks of using something similar. Second the Patent office lets them because by default the patent office will grant a patent and then let all the players fight it out in court.

    The main problem is NOT the companies seeking to patent the fork, breathing, sex... The problem is the patent office granting all these silly patents. Many (most, all) of the people at the patent office (and everywhere else) see computers as a big magic box. Therefore if it has to do with computers, it must be new and original and therefore patentable. Until the folks at the patent office get some people who know what they are ding with regards to computers, this disturbing trend will continue.

    If none of this made sense, sorry. Im on hold with our ISP right now.

    Hooptie

    --
    "Heavens, it appears that my weewee has been stricken with rigor mortis!" -- Stewie Griffin
  22. Prior Patent by Skald · · Score: 3

    This cannot stand; Genset holds a prior patent... on thumbnails.

    --

    "The best we can hope for concerning the people at large is that they be properly armed." - Alexander Hamilton

    1. Re:Prior Patent by slashkitty · · Score: 1

      I think that this also violates the BT hyperlinking patent.

      --
      -- these are only opinions and they might not be mine.
  23. Re:Question by quantum+pixie · · Score: 1

    Oooh...that one didn't go anywhere.
    br Get an account! If you had posted the same message with an account, some magic might've happened.

    --

    The truth shall set you free.
  24. Re:Uh. No, Ebay. by chissad · · Score: 1

    Well, if Al Gore invented the internet, I guess anything is possible...... :)

    --


    -root is lord.
  25. Re:What About Porn?! by timmyd · · Score: 1

    Too bad they didn't patient the thumbnails that take you to a place other than the enlarged version of the thumbnail. Those are such a drag.

  26. Patent jpg by Rader · · Score: 1
    Why don't they try to patent the GIF or JPG while they're at it?
    Maybe even "eeeelectronic auction"

    Rader

    1. Re:Patent jpg by acidblood · · Score: 1

      GIF's compression (LZW) is already patented actually. Unisys had even been trying to enforce it.

      --

      Join the NFSNET. Our prime goal is making little numbers out of big ones. http://www.nfsnet.org/

    2. Re:Patent jpg by mpe · · Score: 2

      How about expanding that to patenting "A photon emitting device." Leave it vague enough and you just might get it through.

      Then get rid of all of the current system once it got passed by insisting on high royalties for any "photon emitting device" associated with the USPO. Though how you'd cool the entire thing down to absolute zero if they didn't comply is an interesting engineering problem.

    3. Re:Patent jpg by canning · · Score: 1
      I'm putting a patent on the 'right-click'.

      --
      I love the smell of Karma in the morning
    4. Re:Patent jpg by Anonymous Coward · · Score: 4

      nice try for an FP, but as we all know around here, gifs use LZW compression patented a million years ago by unisys. compuserv got screwed by this. ever heard of burn all gifs day? slashdot was all about posting articles of that. slashdot supports the cause 100%. you can tell. just look at the top of the page. oh wait, title.gif. well, np, look at the story pictures. wait, those are gif too. at least the banner ads are png, oh wait, gif too. good work slashdot. we know you are the most hypocritical site on the web currently.

    5. Re:Patent jpg by Anonymous Coward · · Score: 3
      Instead of patenting GIF, since we can't, how about patenting the idea of using a GIF to "display an object or image, real or imagined, thru the use of any electronic means including but not limited to monitors, televisions, LCD panels, holographic projectors, neural implants, or any other image display device."

      We can also patent the transfer of GIF files thru electronic means, the printing of GIF files, as I doubt any of those are covered in the patent for the GIF format it's self. Is Ebay, Amazon, and everyone sure they can't go back and patent TCP/IP, or electricity while they are at it?

  27. Prior art gallor by Felinoid · · Score: 1

    This really shows how out of touch the patent office is...
    E-Bay of all companys should know better than to seek such a patent let alone enforce it.

    E-Bay might have some problems suing everyone who did this as some of them went out of busness before E-Bay went into busness...

    A simple sample of prior art.. an obsolete Dos program generating thumbnails for websites...

    I'm not 100% sure thumbnail porn is prior art but I am pritty sure I've seen junkyard sales home pages displaying thumbnails of the junk being sold before E-Bay showed up...

    --
    I don't actually exist.
  28. +5+ by stubob · · Score: 1

    damn, I want to use the first two paragraphs as my new sig. Can I get a waiver on the 120 character sig limit if I agree to use that?

    Although, taking issue with your third paragraph, "When it becomes intolerable enough...," I think the US government, although to lesser extents all other governments, has built up enough of a bureaucratic buffer that any attempt at revolution will meet with failure simply because the current system of government is so entrenched that it will be impossible to overthrow. What I mean is: because local governments are based on the organization of the national ones, the entire system must simultaneously be overthrown. This is an enormous undertaking, requiring huge amounts of manpower, planning and resources. Moreover, because of the general apathy of the average citizen, I would be quite surprised to see a bloddy rebellion in an industrialized, "civilized" country. The only way to affect a fundamental change of government is to affect a fundamental change of society and force the government to adapt.

    Wow, get me: John Locke meets Sam Adams (the beer, not the actual guy)

    --
    Planning to be moderated ± 1: Bad Pun.
  29. Re:Hey, let's patent everything! by darkmoon · · Score: 1

    Actually, SUN are no longer the "dot" in .com.
    Have a look

  30. Re:Speaking of dumb patents... by jonfromspace · · Score: 2

    You really think he thought it was serious? C'mon man... shouldn't you be somewhere else?

    um.. I done, you can stop reading...

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    I am become Troll, destroyer of threads
  31. Big deal. by Anonymous Coward · · Score: 2

    Big deal. Who wants to see pictures of thumbnails anyway?

    1. Re:Big deal. by porky_pig_jr · · Score: 1

      Thumbnails' fetishists of course!

  32. Prior Art: FURRYBID by strredwolf · · Score: 3

    http://furrybid.transform.to has existed for the past six months or so, so this patent's dead on arrival shoud a lawyer want to take up the challenge (but then, IANAL).

    --
    WolfSkunks for a better Linux Kernel
    $Stalag99{"URL"}="http://stalag99.keenspace.com";

    --

    --
    # Canmephians for a better Linux Kernel
    $Stalag99{"URL"}="http://stalag99.net";
  33. I know of prior art! by austad · · Score: 4

    Go to Yahoo! Shopping, do a search for something. It gives a listing of merchandise and thumbnails by pulling images from "a plurality of sites". And since you trade money for merchandise, it can be considered "an online trading environment". Been around forever. Screw Ebay.

    --
    Need Free Juniper/NetScreen Support? JuniperForum
    1. Re:I know of prior art! by localroger · · Score: 1

      Very nice, I believe you have just skewered them. This is exactly what is needed, not just the use of thumbnails in general but their use in this specific way to sell stuff.

      --
      Brackets contain world's first nanosig, highly magnified:[.]
  34. Re:Not self-defense... by Mike+A. · · Score: 1
    However, until the patent system is seriously overhauled, a company is at risk of frivolous but potentially winnable lawsuits over bad patents, and applying for the patent yourself is nearly the only way to defend against it.

    Should eBay be granted the patent, and then turn around and sue someone else over it, then we should put them in the same category as Amazon. Until then, I say they're innocent until proven guilty.

    --

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    Do I look like I speak for my employer?
  35. OK slashdot... by MousePotato · · Score: 2

    I am getting tired of seeing this crap happen. If this patent goes through many sneaky lawyers will manage to propogate a new wave of suits against this site or that for having a shopping cart or catalog system that has an image and some information about a product etc. The thing that really sucks about this wave of PatentMania is not just the obvious first round of suits but the second round: the design firms and designers/programmers who build sites that unknowingly violate the plethora of patents being awarded or applied for daily. How the hell are we supposed to keep up on the ever expanding list of stupid patents that we have to be wary of? Is there a central repository or some type of advocacy site (yeah i know there are i'm just spouting ?'s hear me out) that should be mentioned whenever the latest greatest dumb patent application goes in? Can we find some inexpensive form of recourse to stop patents like this from going through? Should we be writing our Congresmen or Representatives enmasse about this just this time or every time this occurs? How come with all this discussion we never really cover this aspect of the dumb patent thing and what to do about it? Who should we write at the USPTO when we disagree with one of these applications? Timothy (or anyone on team /. for that matter) could you please pull together some links for this stuff and put them up on slashdot so that we may easily get to them everytime this kind of idiocy happens(link them to the articles)? I realize that its a bit of extra work (only the first time you set it up) but I really think we as an online community could benefit from an easy way to contact the right people. Letter writing works and I am pretty sure there is enough outrage to get people involved and doing things on thier own if its easy for them to do. Maybe a list of do's and dont's on effective letter writing so that we don't come off as hysterical zealots etc.It just seems to me that an article like this gets posted and after that the ball gets dropped (for the most part) with the exception of a follow up or update to revisit the topic. I'm not saying slashdot should go patent crazy and do this for every patent nor should you guys be obligated to but if it is enough to merit posting as a story on the main page then linking up a pertinent 'to do list' or faq would be a positive way for us to proceed.

  36. I'd love to be the lawyer... by DESADE · · Score: 5

    I'd love to be the laywer challenging this in court. I'd have a field day showing "prior art" by demonstrating porn galleries.

    1. Re:I'd love to be the lawyer... by tsna · · Score: 1
      I just LOVE the way so many people round here these days post without acquainting thenselves with the basic facts on the subject first :(

      That my dear friend is the American Way.

      If it was SO important to you, then why didn't you provide the necessary info to allow us to read more about it.

      --
      Have Fun.
    2. Re:I'd love to be the lawyer... by Anonymous Coward · · Score: 1

      If the article had any link to the patent, then people could have read up on it. Not everyone knows where to look up patent info. This should have been included with the article.

      All it say is this, "In yet another stupid patent filed department, E-bay has filed to patent their thumbnail gallery section of e-bay. I know of afew sites that may have existing work well before ebay."

      With a link to the gallery page on ebay that says, "Our patent pending Gallery () is a new way of browsing items for sale at eBay. The Gallery presents miniature pictures, called thumbnails, for all of the items sellers have supplied pictures for in JPG format. "

      It sounds like a patent of regular thumbnails too me. Maybe /. needs to get their head out of their ass and post relevant links supporting the articles.

    3. Re:I'd love to be the lawyer... by ion++ · · Score: 1

      I dont think pr0n galleries will be irrelevant.
      Lots of pr0n places show you a gallery of thumbnails, and when you click those thumbnails for bigger pictures, they want money...
      how rude!

    4. Re:I'd love to be the lawyer... by rweir · · Score: 1

      I don't see how narrowing the scope makes it any less stupid.

      Regardless of what it applies to, it is still a patent on an idea that is:

      a) obvious to anyone with experience in the field, so it's therefore *not* novel
      b) in wide use all over the internet, so it's *not* original

      IANAL, but this looks like it fails both the tests for new patents

    5. Re:I'd love to be the lawyer... by ColdGrits · · Score: 2

      Can you post a URL to any other site which uses galleries to show the ACTUAL objects for which you are bidding in an online auction in the manner which EBay does, then, please?

      Note, the site must use galleries of the ACTUAL objects up for auction, not pictures of "similar" or "representative" objects, but the ACTUAL object (which can be very important for collectible items, for example, enabling you to see the actual condition).

      After all, you say this is in wide use over the internet, so you won't have any difficulty, right?

      No, a URL to just any old site with a gallery will not suffice. It must be a site which already implements the SEPCIFICS of the patent applied for (and no, you can't point to ebay 'cos that's cheating ;-) ).

      I strongly suspect you can not come up with such a URL, and that the patent application is not "in wide use over the internet", therefore your point (b) is incorrect, afaict.

      As for your point (a), that is NOT a relevant criteria for any patent - just 'cos it is obvious doesn't mean you can't patent it - hell, almost everything is "obvious" once someone has done it for the first time!

      Please note that I make no comments as to whether or not the patent ought to be granted. I am just trying to point out that ebay are not trying to patent as wide a claim as many kneejerkers round here would have us believe.

      --

      --
      People should not be afraid of their governments - Governments should be afraid of their people.
    6. Re:I'd love to be the lawyer... by IP,+Daily · · Score: 1

      If the patent application was filed recently, and E-Bay is also filing a foreign patent application, this patent application may be subject to the new 18-month publication rule at the patent office. This meams the patent application will be published before the patent issues, at which time the public is invited to comment on it, and even attempt to invalidate it with prior art. You may get your wish, and I'd even represent you for free. No shit.

    7. Re:I'd love to be the lawyer... by andy@petdance.com · · Score: 1
      Never mind porn. It's not like a group of small pictures is a new concept. What constitutes a "thumbnail gallery"?

      What about my gallery of Naked Raygun covers?

      What about high school yearbooks?

    8. Re:I'd love to be the lawyer... by batmans_byte · · Score: 1

      Virtual pictures of actual objects ... can I have dibs on the patent for actual pictures of virtual objects?

    9. Re:I'd love to be the lawyer... by Mr.+Adequate · · Score: 1
      Meatspace auction houses have been publishing catalogues with small pictures of their stock for decades now - possibly since Daguerre invented the photograph. But hey, this involves computers, so it automagically becomes a brilliant innovation. Excellent.

  37. Hyperlinks by Hobobo · · Score: 1

    Can I patent using the word "here" inside hyperlinks?

    Five dollar royalty for everyone who uses the word "here" inside a hyperlink!

  38. Re:This seems really quite silly. by acroyear · · Score: 2
    If you hadn't read some of the other patent threads before, the truth came straight from the horse's mouth (ass? anyways, the dude in charge of the patent office -- "we're there to help our 'customers' [his word] get patents"):

    The only "research" into prior art the patent office does is to look at existing patents already granted and the applications that exist that pre-date the application being considered.

    No web searches, no common sense, no "gee, didn't I see something else that did that?", and certainly no asking someone with real, relevant experience in the field covered by the application ("hey, do you think this is too obvious a concept?" is a question that pretty much hasn't entered their minds in years). nada, zip, zilch.

    If a patent doesn't already exist, there's no "prior art". The current view of the patent office is exactly that. Their attitude is "You want to prove prior art or obviousness, do it in court, and not on MY time..."

    --
    "But remember, most lynch mobs aren't this nice." (H.Simpson)
    -- Joe
  39. Day of the Innocents by deXela · · Score: 1

    Well, yesterday was Day of the Innocents [I should know :-(] here in Guatemala, so that could be it.

  40. God's Intellectual Property... by kenthorvath · · Score: 1

    I thought (depending on your religion) that God held the patent on Thumbnails and all fingernails and body parts for that matter....

  41. Re:discovery? by Zagadka · · Score: 1

    discovery of gravity?

    as if we just found it, on a remote island somewhere? before that everyone was just drifting off into space...

    [I agree with your point about computers, but I wouldn't call "gravity" a discovery either. The way in which gravity works and the mathematical relationship between mass, distance and gravity, that was discovered. Gravity itself wasn't discovered any more than the ground was.]

  42. Re:Hey, let's patent everything! by Antipop · · Score: 1

    That's why I'm applying for "antipop: I put the dot in i."

    -antipop

  43. Welcome to the world of "Utility Patents" by localroger · · Score: 5
    (Thanks to the person above who quoted the patent abstract, which makes this clear, and to the NOLO press and author David Pressman for publishing Patent It Yourself which also makes this clear.)

    Ebay is not patenting thumbnails nor claiming to have invented them. They are trying to patent the use of thumbnails in a new context, as a sales tool for online auctions. There is some precedent for this.

    For example, Post-It (tm) notes are protected by a utility patent. Neither the note nor the adhesive was invented (by 3M IIRC), but the use of the adhesive for the temporary sticking of notes to odd surfaces was a new use for existing technology. And that can be patented.

    This is really no less stupid than Amazon's one-click patent, which of course still doesn't mean it isn't stupid. But don't assume just because every pr0n site in existence has been using thumbnails since the days of Turing and von Neumann that Ebay can't get this through or enforce it.

    (For the curious, the other type of patent is called a design patent and is the kind you would apply for if you had actually developed a new and previously unknown technology.)

    --
    Brackets contain world's first nanosig, highly magnified:[.]
    1. Re:Welcome to the world of "Utility Patents" by swb · · Score: 1

      As a Minnesota resident long subject to the often tedius stories of 3M innovation, I do believe that the adhesive *was* invented by 3M in the course of adhesives development. It was one of those "failed" inventions that some clever engineer discovered could actually have a practical use.

    2. Re:Welcome to the world of "Utility Patents" by roman_mir · · Score: 2

      There is a finger, and then there is a nose, none of this is my invention, but I'll patent the use of finger to pick the nose!

  44. Re:Uh. No, Ebay. by jonnythan · · Score: 2

    The quote is:

    "The kid who swallows too many marbles doesn't grow up to have kids of his own"

    ;)

  45. I better patent... by $+lazyshit · · Score: 1

    I think I'm going to patent the word "sex"

    ...have all the porn sites pay me royalties ;)

    --
    Indifference will be the downfall of mankind, but who cares?
  46. Re:Proof... by Felinoid · · Score: 1

    Nope more bloated than emacs...

    --
    I don't actually exist.
  47. What? by kumnaa · · Score: 1

    That has to be the most ridiculous thing i've heard....r they gonna patent window displays in shops as well?

  48. Fantastic! by Ektanoor · · Score: 2

    As far as I remember, thumbnails started to appear in computer world since icons came up as a way to improve user's interface.

    Now that's nearly 10 years if not more. and I'm speaking on PC world only... So what's e-Bay up to?

    Frankly it seems that this patenting and trade-marking fever has beaten all possible limits. You know the latest? Have you heard of those small chocolades called "Kinder-surprise". Well the owner trademarked the name. Not the whole name but the "Kinder". I heard that "Kinder" means child or childhood in German. So it seems that our dear Germans should start to use it as "Kinder (TM)"

    In face of these things I have a proposal. People, and mainly women, you may hate these small little beings with four legs, a little tail and usually having grey or white fur. I'm speaking about mice. I think these guys have made a lot of good and bad things to Mankind. But we shall all agree that we are utterly bound with each other. "Mouse", I believe, is a cute name for these little creatures and I think it should stay so for many reasons. So let's patent/trademark this name into the correct owners before someone comes up and states that mice have a ball to move, two or more buttons, a long cable, and trademarks this as Mouse.

  49. They haven't got the patent yet by hernick · · Score: 2

    Given they've only applied for the patent and haven't got it yet, wouldn't there be a way to intervene in the approval process somehow ? Collect prior art and send it to the PTO, showing them that ebay is trying to patent something that's been invented eons ago ?

  50. lawyers by Mr804 · · Score: 1

    Lawyers rule the earth.

    sad to say.

  51. Prior art here (was I'd love to be the lawyer...) by Simon+Brooke · · Score: 3
    ...you see, the patent is SPECIFIC to online auctions (in fact, not even THAT general!)...

    OK, here's a specific example from an on-line auction system I wrote in 1996. This is, to my knowledge, the thirteenth US software patent where I personally have written prior art. Having said that, of course, it was scarcely a novel idea when I used it.

    --
    I'm old enough to remember when discussions on Slashdot were well informed.
  52. We're in trouble now. by [AD]Defenestrator · · Score: 1

    You just know that some unlucky Joe will have his website gone after for having a thumbnailed (ebay) pages of gifs (Unisys) that are all hyperlinked (BT) to the original images. Just for completeness, the RIAA goes and checks his hard drive.

    --
    "There are bad people out there that will try to do bad things." - Microsoft 05/11/00
  53. Re:Rash of stupidity... by mmol_6453 · · Score: 1

    Better yet, send it to every political and corporate email address you can get you hands on.

    I'm not entirely sure that all of those large corporations are against non-royalty use of the patents. Certainly, at least the CEOs of those corporations are human. It's still certainly worth the effort.

    --
    What's this Submit thingy do?
  54. Re:Here's my cat photo gallery... by embobo · · Score: 1
  55. Re:Here's the patent.. by SurfsUp · · Score: 5
    So, it sounds like it's specific to online auctions, so although this isn't any less stupid than it originally sounds, I wouldn't start to worry about your online gallery of cat photos too quickly.

    No, not until somebody patents online galleries of cat photos.
    --

    --
    Life's a bitch but somebody's gotta do it.
  56. Prior Art by CmdrT4c0 · · Score: 1
    I found an interesting web page here which discusses what qualifies as prior art for patents. Based upon quotes like this it seems that eBay is definately going to be fighting an uphill battle:

    First, a person is not entitled to a patent if the invention was "known or used by others in this country, or was patented or described in a printed publication in this or a foreign country" before the date of invention by the applicant for the patent.

    Of course, given the Patent Office's willingness to grant silly patents to other Internet companies, who can say what'll happen with this.

  57. Re:Proof... by Antipop · · Score: 1

    [proof] that internet companies are bloated

    Not as bloated as emacs, eh?

    -antipop

  58. We'll have to wait and see by IP,+Daily · · Score: 2

    Calling their "gallery" patent pending is just E-Bay PR bullshit. It tells nothing about what the patent application is really about, except that it relates in some way to their gallery. Wait to see what the claims look like before you get all pissed off. If this thing issues, the claims aren't gonna be directed to a thumbnail gallery in general; no matter how stupid the Patent Office may be at times, they would never let that issue. Apparently, E-Bay is doing something different with this gallery, which may be bogus too, but it's not worth getting all bent out of shape until the patent actually issues (if it does at all). If and when that happens, you can pick apart the claims and see what they really have. Sometimes a company will get a patent with really narrow claims directed to a tiny aspect of their "innovation". This ensures that they get the patent issued. The patent is virtually worthless from the point of view of enforcement, because it's so narrow that it's easy to avoid infringing the claims. However, they get to blab to the world that their "gallery" or whatever is "patented", which gets them advertising points with dumbasses. I suspect this is the case with E-Bay.

  59. Re:This seems really quite silly. by Lover's+Arrival,+The · · Score: 2
    That is really remarkable! You mean to say that they don't check to see if a patent is valid at all? This seems to be different from other patent offices. AFAIK (which isn't much at all) the British Patent Office has fairly strenuous standards that must be passed. Why are they so biased towards the commercial model? Surely they should be independant of their 'customers' desires? That would seem a sensible approach, anyway.

    But then, I don't know, maybe in the end it makes sense. Many things in America seem to rely on the courts, I have noticed since I've been here, and the Law seems to be the way that disputes such as these are decided. It does seem a little odd though, all the same, hehe.

    --

    --Anticipation of a New Lover's Arrival, The

  60. Re:discovery? by mmol_6453 · · Score: 1

    As far as I know, gravity hasn't actually been discovered...Only its theoretical effects have been observed.

    So far, gravity hasn't really been discovered...indeed, a basic understanding of what causes it hasn't been solidified yet.

    --
    What's this Submit thingy do?
  61. Re:Maybe it's legit? by mgkimsal2 · · Score: 1

    Doesn't matter if others are doing it - if Ebay can prove they were the first, they'v got a shot.

  62. Re:Rash of stupidity... by claus.wilke · · Score: 1

    No, capitalism doesn't have anything to do with patents and things like that. It's actually the exact opposite. In capitalism, you assume a free market, which means everybody is competing on their own merit, and not on legal battles.

    This is a very frequent misconception (the same reason why Linux business is not communism, but capitalism to the extreme. You charge people money for a commodity).

  63. Re:Misleading Headline... by Nodatadj · · Score: 1

    oh, but then there wouldn't have been the scandel, or the "!!!!" factor that /. requires for it's headlines.

  64. Re:actual photo by mgkimsal2 · · Score: 1

    Probably not much difference, except that Ebay would be claiming they're the first.

    Now, having said that and looking at what I wrote yesterday, there's a new light to look at it in, because someone posted the abstract of their patent. Compare their text with what you're doing - it's still in the vein of online auctions. Although your car dealership doesn't have a fixed price necessarily, cars aren't normally dealt with in an auction setting (unless it's a car auction!) I'm straying offtopic, and don't mean to - have a look at the patent text...

  65. Apple by pcbob · · Score: 1

    Next thing you know, and Apple will buy a license, so they can auction off ScreenShots of MacOS X.

    ---

  66. Re:news = pressure by Dr_Bones · · Score: 1
    Silence may not be consent, but there's really no practical difference between the two.

    Point well taken; looks like I'll be calling my elected "representatives" yet again. I hate being a cynical bastard, but I get so damn sick of hearing about this.. I think it's obvious that there are very few elected officials that have a good grasp on technology and even fewer that keep up with the all the changes, but you're right: there are some. Hopefully, if they're reading, they won't turn off these stories as I'm about to.

    For the record, I didn't think I was at all "insightful", and yes, I am a cynical bastard.

  67. Re:Hey, let's patent everything! by crashnbur · · Score: 1

    I would like someone to tell me exactly how that post was redundant. I understood when I pressed the "submit" button that there was a good chance someone would take it down to zero, but for redundancy? You've got to be kidding! And really, who holds the patent for patents? Who invented the patent?! It's a legitimate question!

  68. Re:Rash of stupidity... by mpe · · Score: 2

    It's actually the exact opposite. In capitalism, you assume a free market, which means everybody is competing on their own merit, and not on legal battles.

    What happens is that it's easier for large corporations to compete in the courts than in the market.
    It is rather hard to put together a civil court system which will discourage malicious lawsuits (and corruption) whilst still allowing the genuinly wronged to seek redress.

  69. Re:Rash of stupidity... by mpe · · Score: 2

    Inventors have expended capital (their time and materiel), and a good capitalist free market economy would compensate them and reward the efficient ones.

    However a good free market does not guarentee any kind of return (let alone a profit). Therefore it only rewards the good (or lucky) ones.
    The idea that people (and companies) should automatically be rewarded for their expended time, money and materials isn't free market capitalism.

  70. the bigger picture... by esarjeant · · Score: 1
    Obviously, this is just a patent-pending so eBay can't claim to own this yet. Unfortunately it does mean that many smaller companies might avoid using this "technology" (and I use that in the loosest sense of the word...) on their websites.

    At any rate, the bigger problem here is the rash of companies applying for patent protection on software.

    Software should be protected by copywrite only. Let's imagine I invent a new method for ray tracing images at x4 the speed of current implementations. The code itself is copywrited so no one can reproduce it for profit -- they will have to re-engineer my algorithm somehow.

    That's it -- a real piece of code and as a programmer I am protected.

    It's very difficult to patent something that anyone can plainly see. Imagine if AT&T focused all of its energies on patenting the telephone keypad interface and ignored switching protocols. Every phone today would have different keypad layouts, it would make it virtually impossible to operate a telephone. It's like trying to patent the spy-novel genra of literature, anyone can write a spy-novel and it could have happened at any time -- so who's to say you're the first one?

    By trying to patent web interfaces like this, eBay is misleading investors and users. It's a sham, and even worse the US Patent Office has to waste time reviewing this claim.

    Eric W. Sarjeant
    ericsarjeant[@]mediaone.net

    --

    Eric Sarjeant
    eric[@]sarjeant.com

  71. Re:Here's the patent.. by Seumas · · Score: 2

    Yes, but for people like myself who run auction sites with 10,000 members instead of 10,000,000 -- this is still not a good thing.
    ---
    seumas.com

  72. Re:Rash of stupidity... by minusthink · · Score: 1

    None of these companies particularly cares about the "innovation" of course.

    Ebay didn't start their service because they wanted to connect mankind, or advance technology, or any REAL reason for innovations.

    They did it because of money.

    Unfortunetly, this is one of the many negatives of capitalism. And even more unfortunetly, capitalism is the best we have.

    minusthink
    --
    minusthink [Code poet or super hero? (you decide)]

    --
    "when life gets complicated, I like to take a nap in a tree and wait for dinner" - Hobbes.
  73. My homepage is prior art.. by Antipop · · Score: 1

    They want prior art? Check out the screenshot page on my site (devfoo.org). There's no way this'll make it's way through the patent office, almost everyone with a website has some form of thumbnails.

    -antipop

  74. Re:Rash of stupidity... by Rader · · Score: 3

    Maybe it's defensive patenting.
    Patent something important so that others won't be able to sue you when they beat you to it.

  75. prior art by British · · Score: 3

    Paint Shop Pro has had the thumbnail gallery(called the "browser") for years.

  76. The inventor of html should get the patent by Mr.+Asdf · · Score: 2

    If a patent may be given for thumbnail galleries, then whoever enabled html to have pictures act as hyperlinks should get the credit. Displaying pictures is part of HTML, and so is clicking them to get to another page. The notion of having an image act as a hyperlink to a description of that image, and perhaps a higher-res picture, is nothing more than a magazine with contents on the cover (e.g. Reader's Digest). And good style web development teaches us that all hyperlinks should be orgranized in a logical way- so click a picture and learn more about it... Wow, whoever thought of that is a genius!

  77. Re:Rash of stupidity... by fishbowl · · Score: 5

    > The problem is the patent office granting all
    >these silly patents.

    Perhaps part of the problem is the court system,
    for not really being available as a venue to those who need it. If it is truly such a disaster to "be sued" even if one is in the right, that defending oneself against being sued
    may put one out of business, then the court system has long ago ceased to serve it's primary purpose -- to protect the people it serves, equally, consistently, fairly, and without prejudice.

    The fact that people and businesses must walk on eggs and comply with extralegal demands, because they fear being sued by someone with more resources than they have, is really an intolerable situation. If we tolerate it, we get the government we deserve -- ruled by the
    corporate entity with the most money, and which suffers the people to consider themselves "free" so long as its own interests are served.

    Guess we need to let this situation go ahead and get worse. When it becomes intolerable enough that people become sufficiently outraged to make the sacrifices needed to bring change, they will,
    just like they have done throughout history.
    In our lifetimes? One wonders. As a society, our lives are just too cozy and pleasant for us
    to really have the stomach for revolution. That might mean people like you and be getting killed at the hands of other people like you and me, or even (gasp!) giving up cable tv or the welfarre check!

    Obviously, things aren't bad enough to drive real change. Yet.

    --
    -fb Everything not expressly forbidden is now mandatory.
  78. Re:Hey, let's patent everything! by psicic · · Score: 1

    I've just purchased the Irish patent rights to this topic. I refute your right to stop Irish people posting on this topic - that's my job. You wanna' challenge it? See you in an Irish court!
    p.s. Ireland is a little blob on the map, first green bit after the words 'Atlantic' on the map. Yes, we do have some law here....Wait...that probably means I have to leave my internet connection to register my patent...Oh, sh*** - forget it...it's all yours, bub.

    8)

    --
    Concrete analysis...
  79. Maybe they *do* realize... by Gruneun · · Score: 3

    Maybe E-Bay does realize just how ridiculous the whole patent idea is.

    With the great number of companies trying to patent the most ridculously obvious technologies, perhaps it's emerged as a self-defense mechanism. Sure, patenting something like a hyperlink or a thumbnail gallery is stupid. Everyone who has used the Internet for even a short period of time knows that these are commonly used. Ask yourself though, as a large company (with available money to burn on lawyers), if you're willing to take the risk that some other schmuck will try to patent it first... and possibly... just maybe... win. Losing the right to a patent also decreases the options for someone else to try.

    If E-Bay were to win that sort of patent (and they won't) they could prove they aren't also a bunch of schmucks by announcing that they have no intention of ever enforcing such a patent, but explain they were doing so to protect themselves from just that sort of abuse.

    Or... it could just be my wishful thinking that a large company genuinely has the interest of the common web guy at heart.

  80. Re:Here's the patent.. by Nagash · · Score: 3

    I checked the link out - I don't see a way to look at anything but the abstract, so let's analyze it a bit, shall we?

    A method and apparatus for information presentation and management in an online trading environment are provided.

    Note the bold (my emphasis). This shouldn't affect the cat photos James_G mentioned.

    According to one aspect of the present invention, person-to-person commerce over the Internet is facilitated by providing prospective buyers the ability to quickly preview items for sale.

    Again, this is related to commerce. This basically says that the site is going to be allowing two parties to buy/sell items with some sort of preview system. Duh, right? Right.

    Images are harvested from a plurality of sites based upon user-supplied information. The user-supplied information includes descriptions of items for sale and locations from which images that are to be associated with the items can be retrieved. Thumbnail images are created corresponding to the harvested images and are aggregated onto a web page for presentation at a remote site.

    This basically says, "people give us info and we show it". What innovation. The only thing of interest will be the aggregation of the images on to a web site (we don't really know what that means yet) and the harvesting of images. I'm sure those are defined somewhere. I doubt it's anything special.

    At face value, it sounds like they are given a link to an image, they go get this image and display it with the description. Extraordinary. Edison would be proud.

    According to another aspect of the present invention, a user may submit a query to preview items for sale. After receiving the query, thumbnail images corresponding to items that satisfy the user query are displayed, each of the thumbnail images previously having been created based upon a user-specified image.

    It's called cataloging. Yahoo! has done this for ages. The "query" probably amounts just clicking along some links that are grouped by similairity. Hell, it may even be a search. Again, I can hardly contain my admiration of such forward thinking.

    The abstract makes it out to be absolutely nothing special. It's all be done before, but since it relates to "online trading environments", it's different. My ass.

    Woz

  81. Re:Rash of stupidity... by maelstrom · · Score: 1

    Would you mind if I posted your text on my website? Please e-mail me :)

    --
    The more you know, the less you understand.
  82. Very prior art by chrischow · · Score: 1

    aiya, when i first started looking at web sites, around late 95 i found popstar websites with thumbnail galleries already. a quick check finds that some of them haven't been updated since then!

  83. Re:Rash of stupidity... by Bluesee · · Score: 1

    Oh my God, that's right! I remember that!

    And Unisys keeps it up, too, acting as if they are perfectly in their right (which unfortunately they are).

    http://www.unisys.com/unisys/lzw/

    Of course, they did spend their precious time and hard-earned money on developing GIFs.

    Here is FSF's philosophy on GIFs (and why we should all boycott GIFs, or at least "DeCSS it" somehow, or just continue doing whatever it is we were gonna do anyway before we knew it was wrong).

    http://www.gnu.org/philosophy/gif.html

    But e-bay hasn't even come up with an original idea, here.

    Patent electricity, indeed!

    So what is it we can do to fix this problem? It's like I always say... (to paraphrase Wired.com) Generate "Thousands and Thousands of Posts". Other than that, an Internet Tea Party might work.

    You know, I posted the other day (in response to "Humorously Bad Web Hosting Polcies" about Page Creators) on why I felt that, say, calling an 800 number that a spammer sent you 500 times to help him go out of business was short-sighted and not really helpful. But I am changing my mind on that. I think that that may be the Only resort left to Americans who really care about the way things are going. It is sad, but as long as there is no other viable recourse to change the Patent Office policy on Stupid Patents, then go ahead, civil-disobedience 'til the cows come home...

    --
    SDMI: Finally! Music that won't rip or burn! Brought to you by the fine folks at RIAA.
  84. Re:Rash of stupidity... by SparkyMartin · · Score: 1
    I believe I read on Slashdot a while back that the Patent Office was going to be overhauled and new rules were to be put in place to stop these silly stupid internet patents. Guess ebay is thinking they better grab what they can while the gettin's good.

    Maybe I can patent "patents on thumbnails."

  85. 5 months left for the easier overturning... by dpilot · · Score: 2

    Patents are easier to have overturned in the first year after being issued. "We, the Open Source Community," should have some sort of watchdog effort pointed at the USPTO to keep track of new stuff being issued, that really isn't new. Then we could go after it.

    We can all be Stupid Patent Police, every one.

    --
    The living have better things to do than to continue hating the dead.
  86. Re:Rash of stupidity... by mpe · · Score: 2

    But e-bay hasn't even come up with an original idea, here.

    If you write the application in technical language and make it difficult to understand then the USPO will probably believe it's an original idea. Which IMHO is the actual problem.

  87. Re:get over it people. by mpe · · Score: 2

    It really doesn't matter (as has been pointed out everytime something like this happens) a quick appeal and it will be wiped out.

    Is there actually such a thing. e.g. send a letter to the USPO saying "patent XYZ is invalid, because...". Then if the original claiment attempts court action simply forward a copy and the plaintiff winds up fined for contempt....
    Or does it mean that someone still needs to go to the time and expense of hiring lawyers (and paying those lawyers to understand why the patent is invalid in the first place)?

  88. They'd stop this nonsense if the cost were high by Rocketboy · · Score: 1

    I propose that the patent people charge US$1,000,000 for every patent granted which is later overturned/disqualified. That'd put a stop to this stupid shit.

    mjs

  89. Clipart by macdaddy · · Score: 1
    Haven't Clip Art CDs done this for years?

    --

  90. Re:I don't see what all the fuss is about by mpe · · Score: 2

    If Ebay tries to enforce this, they will be laughed out of any court in the land.

    But it first has to get to court, even if it did and was "laughted out" then the plaintiff (Ebay) whould not be forced to pay the defendant's costs.

    BT tried a similar stunt recenlty in the UK saying it had a patent on hyperlinking.

    Again this case involves the US patent and court system. No doubt BT has far deeper pockets than any of those it is going after.

    Do they really think they have a cats chance in hell of having this upheld in a court?

    They tell people "It would cost you X to defend this in court, we want Y". Where YX though both in the 10's-10's of thousands of USD.

  91. Re:We are all domed by mpe · · Score: 2

    Ok so the patent is there to protect your ideas fine it is only right that someone who spent time and effort developing the idea.

    The original idea of patents is to encourate innovative ideas to be applied as technology. With the original criteria being that something was original and non-obvious (to someone familiar with that type of technology). i.e. nothing to do with how much time/effort/money/etc was spent on it.
    If someone or some company spend vast amounts of money "inventing" something obvious then it used to be the case that they'd be though of as foolish, deserving of nothing but sympathy.

  92. Re:Rash of stupidity... by SubtleNuance · · Score: 2

    Why not simply run all software patents across a Slash based we site where we geeks can surf on over and provide prior art to the latest 15 ill-conceived patents...

    Let this be part of the 'fact finding' process of the existing system. Its so simple.. and frankly I think the collective interest of anti-IP geeks could probably crush 99.999999% of software patents - easily.

  93. Let's get our own .. by hoss10 · · Score: 1
    Many have pointed out that this patent may be valid (for want of a better word) because it is limited to auction sites.

    If narrowing the field a bit is all you need lets get patents on:

    • Thumbnails of things for rent (not sale). Does ebays' patent just cover selling?
    • Thumbnails of things for free
    • Thumbnails of hard hard bodies
    • Thumbnails of thumbnails

    You get the picture (no pun intended).

    Congress (and other countries especially Europe (for me)) better pass laws that a special case does not a patent make.

    NB - IMPORTANT, anyone know the patent number?

  94. Re:Here's the patent.. by theancient1 · · Score: 1

    >So, it sounds like it's specific to online auctions

    So, when you take something that has been done thousands of times before, and stick it on an auction site, it somehow becomes a brillint innovation that requires legal protection?

    As for thumbnail galleries... I'd say the Sears catalogue beat them to this by a few years.

  95. ... This is nothing. by tshak · · Score: 1

    This is nowhere as bad as IBM's patent on BROWSER DETECTION! http://www.delphion.com/details?pn=US06167441__

    --

    There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
  96. Re:Patent # by jefp · · Score: 1

    Yes, we need the number. Not only are the specific claims relevant, but the application date is key to finding prior art that will defeat it. However ther really isn't much doubt it's bogus.

    My own thumbnail index generator has a copyright date of 1995. eBay wasn't founded until September of that year, and didn't do thumbnails until much later. In fact, their CTO Michael Wilson actually asked me to program their thumbnail code, based on my version, but I was too busy. I might still have the email to document this.

  97. Re:speaking of stupid patents... by matman · · Score: 1

    I've done that to a cat with a 'visible' laser pointer. I wouldn't say that doing it with an invisible laser light beam is much different or original.

    It's nutty that anyone has allowed such a thing to be pattented. Any laser device emmiting a beam invisible to humans, but visible to cats, would be covered by this patent, and such lasers could be used for more than amusing cats, I'm sure.

  98. Re:Rash of stupidity... by JordoCrouse · · Score: 1

    Most sectors of business realize this and only patent something that came about through their hard work and research, not just anything that hasn't yet been patented in the field (especially if it's common practice!).

    Yeah, well tell that to Unisys, because they made more than a couple of bucks from scared ISPs over the GIF patent. All these companies are looking for a little cash cow in their older years, when sales are down and the managers need to rase cash for a bonus or two.

    ring, ring.. hello hotteens.com? Yeah, this is EBay. I noticed that you have a gallery of neked pics. As you know, we have a patent on galleries. Yeah, thats right. And we're going to take you to court unless you pay us $100,000 and introduce us to hot teen numbers 3, 4 and 7).

    And they funny thing is: That will actually work.

    --
    Do you have Linux and a DotPal? Click here now!
  99. Misleading Headline... by MathJMendl · · Score: 5

    "E-Bay Patents Thumbnail Galleries" implies that they have won the patent. They have simply filed for a patent, however.

    --


    "I have not failed. I've simply found 10,000 ways that won't work." --Thomas Edison
  100. Patent # by Alioth · · Score: 2
    Does anyone have the patent number for this one? I'd love to see what the actual claims are.

    I keep telling myself it can't be the act of merely displaying a thumbnail...there must be something more to it...

  101. Re:Rash of stupidity... by st+lietuva · · Score: 1

    ^^^somebody mod that up. geeks, nerds, countrymen. please take account of your freedoms and remember them well. for totalitarian corporations have no other purpose but to profit from the consumption of it's products and services by otherwise subdued consumers (read: YOU). your freedoms will soon be gone and mindlessly you will consume products, vote in predetermined elections, die in war for "freedoms" you don't have, and birth your children into a life long indentured servitude. you laugh now. look what corporations are doing to the web, the earth, 3rd world countries, etc. they profit from every freedoms that you willingly relinquish. i am sleepless at night with paralyzing thoughts of how deeply and certainly we are enslaved. i know there can be a better way. GEEKS GET POLITCAL NOW. http://www.scri.fsu.edu/~nayak/rage/3-take.html

    --
    When was the last time your *REALLY* sat down to read the US Constitution?
  102. Re:Here's the patent.. by eudas · · Score: 1

    let's just make this simple, and patent Selling things. we could make a bundle -- if anybody wants to sell something, they'd have to pay you to be able to do it.

    *duh*

    eudas

    --
    Blessed is he who expects the worst, for he shall not be disappointed.
  103. Are they going to sue MS by arcadia · · Score: 1

    Even Windows has thumbnail gallaries (well in win98/2000/ME) when you view folders for which you select view in thumbnail format. Well, they beat MS to patent this brand new amazing technology.

  104. Re:Rash of stupidity... by fishbowl · · Score: 2

    >Unfortunetly, this is one of the many negatives
    >of capitalism. And even more unfortunetly,
    >capitalism is the best we have.

    Well, the fall of currency can, has, and does happen. This could change a whole lot of things
    if it happened in the USA. Can't happen? Maybe it can't, here in the jewel of the world.

    Perhaps there are readers of slashdot who have lived through the experience of having their money be "money" one day and used it for toilet paper the next day.

    Can't happen to the dollar, the pound, the yen, or the euro? Why can't it? The law of good taste? Inertia?

    Tell it to someone who left Cambodia in 1969, or a Albanian refugee in Italy.

    --
    -fb Everything not expressly forbidden is now mandatory.
  105. And while they are at it... by MathJMendl · · Score: 1

    Why don't they patent a method for using "dispersion" to hold together "hydrogen" and "oxygen" atoms in nearby molecules?

    --


    "I have not failed. I've simply found 10,000 ways that won't work." --Thomas Edison
  106. Re:I want a medal. by llywrch · · Score: 2

    > Wonder if I can get a patent on first posting at slashdot.

    Naw, do mankind a favor: patent the blink tag. Or the marquee tag. That'll clean up the Internet in a way to surprise everyone.

    Geoff

    --
    I think I see a trend here. Maybe for them it really would be easier to muzzle the entire internet than to produce p
  107. Pr0n Video Sales by Anonymous Coward · · Score: 1

    I've seen lots of pr0n sites which sell videos.

    When you click on the video thumbnail, you get to see the full-sized cover, and maybe some sample
    pictures.

    Isn't this the same thing - use of thumbnails for sales?

  108. E-Bay B.S. by Anonymous Coward · · Score: 1

    This is something that most of the large auction sites have been doing since day one. Sothebys for instance http://search.sothebys.com/search/collArea/collAre a.jsp?code=ca004&type=C Conforms exactly to this patent. Something else to note is that the engines that drive these sites (as far as thumbnails go) are used by many other types of commerce systems (Sears, Danier, Amazon, etc) all of which predate this patent. MGI, Truespectra, equilibrium and several others all provide these zoom server technologies which create the thumbnail galleries and the examples used as part of the sales info for these packages include auction sites. MGI's live picture technology goes back to 1994 and used an auction site with thumbnails as an example. You could also argue that real estate sites (as well as many others) provide this same exact functionality (exactly as stated in the patent). A real estate site is nothing but an auction site with a very specific set of products for sale. I would love to see e-bay and century 21 go at it in court. My money is not on e-bay. Not that it matters, they will still probably get the patent.

  109. Don't (just) tell us... by flieghund · · Score: 1

    ...tell the company you worked for! Even if you don't like the company any more, dash off an email to their legal department or something.

    Posting to slashdot may make you feel better, but let's not kid ourselves: the forces deciding these things are not reading this or any other web site. (I'd argue that they cannot read at all, except they must have some rudimentary grasp of written language in order to process the patent application in the first place.)

    --
    "I came here to kick ass and chew bubblegum. I'm all out of bubblegum." MSE USC APX AIA CSI CASp
  110. Rash of stupidity... by Keighvin · · Score: 3
    Why is there such a rush to patent what should be natural innovation?

    There are many good ideas that are evolved from other good ideas and occur to many making the point of intellectual property moot - this is one of those things (along with hyperlinking).

    Most sectors of business realize this and only patent something that came about through their hard work and research, not just anything that hasn't yet been patented in the field (especially if it's common practice!). Why are they trying to do this, and why is the patent office letting them?

    --
    Any spoon would be too big.
    1. Re:Rash of stupidity... by Canar · · Score: 1

      Your scenario is hardly even plausible. The only IP laws that protect the inventions themselves are patents, and these expire after 20 years.

      The push to change to renewable resources has to come from the people too. Noone I know wants to go out and buy a brand new car simply because it's better for the environment. We're North Americans. We don't care about the environment if it clashes with getting inexpensive product. IP is growing at a staggering rate, and, yes, there are many stupid patents. But is this slowing progress down? Nominally at best. Our technology itself is advancing at a phenomenal rate too. And so what if something "obvious" is patented? In 20 years, it's back to the people. Let them patent all this stuff now as opposed to later, when it actually may be useful. For every stupid patent passed, there are many more valid patents.

      I agree that there needs to be different classes of Patent law. Software patents need to be radically reduced in duration. Patenting genetic information ought to be illegal unless its an original creation of that genetic information, or an application of it. So, what the hell? Democracy's supposed to be about the government doing what the people wants. Get out there and do something about it if you believe in it that intently. Activism increases awareness, for sure. Whether or not it can increase sympathy is questionable, so just make sure you have a good case.

      Just don't knock IP law until you've actually thought it through and checked the limits. Yes, big corporations are scary, simply because of the power they have, so, vote Democrat/Green and limit the power of the big corps.

      You too can make a difference!
      (just make sure people can agree with you)

      -=Canar=-

    2. Re:Rash of stupidity... by Firedog · · Score: 3
      A thousand years from now, students will learn (but not in schools) about the Decline and Fall of the American Empire...


      ...One of the factors that led to the fall of the United States of America and the coming of the Second Dark Age was a stifling of intellectual progress by the transnational corporations of the late 20th and early 21st centuries.

      One of the central tenets of the Rational Age, arguably the peak of pre-nuclear civilization, was that scientific and technological progress superseded individual ownership of ideas and concepts. But during the "Greed Years" near the turn of the third millennium, a fundamental shift in values occurred. In a mad rush, the large corporations grabbed every piece of "intellectual property" they could get their hands on, stamping ideas, scientific advances, life forms, and even single words with their brands. Processes that had been used for hundreds of years by indigenous peoples all over the globe were suddenly the exclusive "property" of large corporations.

      Initially, this shift in attitude had little effect on progress, as there was healthy competition between transnational corporations. In addition, certain semi-enlightened governments intervened in order to keep progress moving along, although this intervention was typically incompetently applied. Too little, too late, it only slowed things down.

      There were subtle effects that few noticed at first. The dizzying pace of inventions slowed dramatically as more and more building blocks for new technologies became the exclusive domain of the transnationals. Smaller companies became unable to innovate due to the excessive licensing fees imposed by those who owned the tools and technologies that the innovations built on. Technology began to stagnate.

      It became illegal for curious engineers and inventors to even analyze an existing technology. Consequently, more and more of society was based on technology that was not rigorously tested. Breakdowns of everything from financial markets to air traffic control systems became increasingly more common, until they were eventually accepted as a way of life.

      Discouraged, young people began to turn away from science and technology even more. Fewer and fewer fresh minds were available to create new inventions, and they were poorly trained compared to previous generations due to the ever-degrading state of education. Those who did enter these fields were generally occupied with maintaining, patching, and in some cases, dismantling the technological infrastructure.

      The process was insidiously cumulative; as more corporations merged into single entities, with operations on all the continents, they became too difficult for governments to handle. They continued to merge, and they formed alliances that kept a lid on all technological advances that threatened the status quo.

      Of course, it could not continue forever. The planet's population was beyond its carrying capacity at the time, and the economic production of the planet was based on ever-increasing use of dwindling nonrenewable fuels. Technologies to harness the power of the sun and nuclear fusion had been suppressed by the huge oil and gas conglomerates; they owned these technologies, but sat on them.

      Increasing pollution, the instabilities in cost and availability of energy, and changing climate patterns all took their toll, introducing greater social instability in turn. There was not enough time for society to retool itself to become dependent on newer energy technologies, and the greatest empire the world had ever seen began to unravel.


      ...taken from the Decline and Fall of the American Empire, published 3026 A.D.

    3. Re:Rash of stupidity... by DickBreath · · Score: 2

      Of course, they [Unisys] did spend their precious time and hard-earned money on developing GIFs.

      Unisys did not develop GIFs. Compuserve did. In 1984.

      Compuserve unknowingly infringed in Unisys' LZW patent by specifying that type of compression in the GIF format.

      Years later, after GIF was a widely used standard, Unisys suddenly realizes their patent is infringed. At first, they seemed real nice about it. Then as they saw lots of $$ on the WWW, they decided to be nasty about it. They could. Because GIF is the easiest, simplest, least common denominator animated format. Nevermind that Unisys has nothing to do with that innovation.

      Finally, Unisys bought the LZW patent. It's not something that they [a corporation] could possibly be creative enough to create themselves.

      --

      I'll see your senator, and I'll raise you two judges.
    4. Re:Rash of stupidity... by ftobin · · Score: 1

      so, vote Democrat/Green and limit the power of the big corps.

      Funny thing is, the clear majority of us did vote left, and we still lost the election.

    5. Re:Rash of stupidity... by jswitte · · Score: 1

      It's also perhaps a problem with the way the patent office is set up (duh!): if a panel of "experts," or at least a "jury" of people knowledgeable in the field, had to "rate" a patent proposal, perhaps some of the fluff that gets patented these days wouldn't. (Then again, such a rating system could just turn into another /.) IMO, a lot of companies are *afraid* to litigate a stupid patent, like Apple and Amazon's One-Click (TM) (At least Apple advirtised promenently on their website "One Click Shopping" At least that way it looks more like a trademark license, which IMO is perfectly okay, at least for a reasonable length of time [2 years..]) The way it is now, once a patent is filled, it's almost enforced de facto because litigation costs are so high. So the courts never get into the act, which almost seems like a delegation of power from Congress (sort of). Of course, you could never prove it in court, because you'd have to quantify such things as being 'discouraged from litigation by the cost of such litigation' Methink this would not fly with judges (or lawyers). Economists, maybe, but not lawyers. Jim

    6. Re:Rash of stupidity... by Drey · · Score: 2
      And in a move that would probably burn the FSF and RMS's butt if they and he knew about it, Borland maintains a link to the FSF web site using a GIF of the GNU mascot . . .

      Look for it at this URL, at the bottom left of the page: http://www.borland.com/kylix/
      --

  111. Re:speaking of stupid patents... by Stephen+Samuel · · Score: 2
    slashNET older stuff rob's page preferences submit story advertising supporters past polls topics about jobs hof Sections 12/15 apache 12/30 (10) askslashdot 1/27 awards 12/26 books 12/25 bsd 12/28 features 12/29 interviews 11/17 radio 12/29 (4) science 12/29 (2) yro OSDN Freshmeat Linux.com SourceForge ThinkGeek Question Exchange I've done that to a cat with a 'visible' laser pointer.

    It's only invisible until it hits "an opaque surface". They're just talking about your average LED style laser.
    `ø,,ø!

    --
    Free Software: Like love, it grows best when given away.
  112. Uh. No, Ebay. by Seumas · · Score: 1

    Sorry, but I think the practice of displaying smaller versions of an item in a catalog/album/gallery format not only predates e-fucking-bay (hey, remember -- there was an internet before Amazon, eBay and Egghead.com existed) -- but predates pretty much the whole discovery of computers.
    ---
    seumas.com

  113. Re:Here's some prior art by deckard666 · · Score: 1
    I built the exact same thing 9 months ago at WHNX.com

    In fact, I'd say most B2B exchanges have used this UI design. To Ebay and their Lawyers, have a fucking happy new year.

  114. OK, once again, the patent is defined by... by Thalia · · Score: 2
    the claims. You can find the claims of this patent here.

    The only independent claim states:
    1. A method performed by a marketplace computer for facilitating electronic commerce over a network between a plurality of seller and buyer computers, the method comprising the steps of:
    presenting a registration web page to a remote first seller computer over the network;
    receiving a first registration for a first product from the first seller computer over the network, the first registration including a first product description and a first Universal Resource Locator (URL) indicating a first location of a first image of the first product, the first location referencing the first seller computer or a third computer on the network, and the first image being in one of a plurality of predetermined source image formats;
    presenting a registration web page to a remote second seller computer over the network;
    receiving a second registration for a second product from the second seller computer over the network the second registration including a second product description and a second URL indicating a second location of a second image of the second product, the second location referencing the second seller computer or a fourth computer on the network, and the second image being in one of a plurality of predetermined source image formats;
    retrieving the first image based on the received first URL;
    manipulating the first image to produce a first thumbnail image of a first predetermined size and format;
    retrieving the second image based on the received second URL;
    manipulating the second image to produce a second thumbnail image of a second predetermined size and format;
    creating a customized web page including the first and second thumbnail images; and
    presenting the customized web page to a buyer computer.

    Nowthen, in order to infringe this patent (i.e. potentially be sued by EBay) there has to be at least 2 seller computers and a buyer computer involved, in an ecommerce situation. The images must be referenced from a third location.

    This claim (although not particularly deep) certainly overcomes most of the "prior art" that has been tossed around. For example, all individual photo galleries, like the one shown here reference larger images on the same site. Furthermore, they are not in the context of ecommerce. Most sites generally have thumbnails of other images on the same site. This is not the case that is protected by EBay.

    Seriously, read the claim FIRST, then bitch about the scope of the patent.

    Thalia

  115. What About Porn?! by citizenc · · Score: 5

    From what I understand, porn sites have been doing this for years and years. I can vouch for this fact, being an exp-- err, I only go to those websites for the articles. Really.

    REALLY!

    ------------
    CitizenC

    1. Re:What About Porn?! by hobbesx · · Score: 4

      Friggin' thubmnailed articles, I hate reading those things ;)

      --
      This rating is Unfair ( ) ( ) Fair (*) Funny
      Sigh... If only. Modding would be so much more fun.
    2. Re:What About Porn?! by Nyckname · · Score: 1

      say, didn't i see you coming out of www.mondobigtittiedlezbotransexuals.com the other day?

  116. Re:Here's the patent.. by Stephen+Samuel · · Score: 2

    The Delphion link includes a good bit of information including a pointer to images of the original paper patent application
    `ø,,ø!

    --
    Free Software: Like love, it grows best when given away.
  117. Re:Hey, let's patent everything! by Seumas · · Score: 1
    Dude, SUN puts the dot in dot-com.

    It's a trademark already.
    ---
    seumas.com

  118. so you think corporations can't change the laws? by anonymous+cowerd · · Score: 2

    Your scenario is hardly even plausible. The only IP laws that protect the inventions themselves are patents, and these expire after 20 years.

    Yeah, sure, and copyrights used to expire after seventeen years, too. But now that big business interests have stolen the Presidency (look at GWB's cabinet!), and they, not voters any more, control this nuthouse of a country, any reasonable person can foresee that new legislature will spring up, increasing the period for patents to thirty, forty, fifty years...forever.

    Just like the duration of copyrights, which, for the benefit of the loathsome Disney Corporation and its ilk, apparently is going to be extended out to eternity.

    Yours WDK - WKiernan@concentric.net

  119. Re:Here's the patent.. by Reziac · · Score: 1

    Um... so they harvest images from some copyrighted source (such as any image on any corporate site) and make thumbnails of 'em. Isn't that yet another lawsuit waiting to happen??

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  120. Well I think I have an eariler claim by haplo21112 · · Score: 1

    http://wickednews.voyeurs.net/sampler/ When do they claim to have created the technology because I can narrow down to almost the day this site did.

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
  121. Arrrrgh, you're right by localroger · · Score: 1
    I really must stop PWI. I blame Commodore Cruise Lines for cancelling my #*$(@!$ vacation for me.

    There is a distinction, but it's hidden in the fine print and my copy of Patent It Yourself is out of date anyway and the main point is, Ebay probably can get away with this, if they've made their claims properly.

    --
    Brackets contain world's first nanosig, highly magnified:[.]
  122. Re:Here's the patent.. by m00t · · Score: 1

    The government of most states already do this. It's called TAX.

  123. innovation and patents by Recovery1 · · Score: 1

    An interesting thought struck me when I was reading this, with all the incredibly lame patents that people are trying to sneak by patent offices what would they do if a truely original pending patent came to them? Would they even be able to recognize one if it was presented to them?

  124. Re:Maybe it's legit? by mgkimsal2 · · Score: 1

    Unique is probably not the precise term, but something's uniqueness (or originality - if something is original it was by definition unique at some point because it was the first) is a factor in patentability.

    The issue of stock photos vs. actual photos - well, again, this comes down to opinion, but it seems fairly original to me. If buying a used camera from someone, I'd rather see the actual camera I'm buying, box and all, not just a picture of a particular model from Kodak. I might see some damage, or perhaps unique markings or colorings (camera is not best example here). I've not seen other sites do this, that deal in this kind of stuff. One is supposedly an indication of the specific physical item I'll get - another is a generic substitute.

    I'm not saying it's RIGHT, but that it may in fact be possible. If someone can TRY to patent hyperlinks, 'one click' anything, etc. an 'original' way of quickly seeing multiple auction items is certainly a candidate for a patent. Whether or not it'd stand up later in court is another story.

  125. I have the solution! by gunner800 · · Score: 1

    Patent the idea of patenting painfully obvious and pre-existing business techniques as a way of screwing over competitors who cannot afford lawyers to prove that the patent is invalid.


    My mom is not a Karma whore!

  126. Speaking of dumb patents... by Mumble01 · · Score: 1

    A quick search on Google found information about this patent on the letter 'e'. Looks like eBay will have to change their name now...

    1. Re:Speaking of dumb patents... by Christ-0-Geek · · Score: 1

      that article was a joke.

      fool.


      -CoG

      "And with HIS stripes we are healed"

      --


      -CoG

      "And with HIS stripes we are healed"
      Handel's "Messiah"
  127. Re:Here's the patent.. by IP,+Daily · · Score: 1

    Never mind the abstract, what's important are the claims. These tell what E-Bay can sue another company for making, using, or selling. Here they are:

    1. A method performed by a marketplace computer for facilitating electronic commerce over a network between a plurality of seller and buyer computers, the method comprising the steps of:

    presenting a registration web page to a remote first seller computer over the network;

    receiving a first registration for a first product from the first seller computer over the network, the first registration including a first product description and a first Universal Resource Locator (URL) indicating a first location of a first image of the first product, the first location referencing the first seller computer or a third computer on the network, and the first image being in one of a plurality of predetermined source image formats;

    presenting a registration web page to a remote second seller computer over the network;

    receiving a second registration for a second product from the second seller computer over the network the second registration including a second product description and a second URL indicating a second location of a second image of the second product, the second location referencing the second seller computer or a fourth computer on the network, and the second image being in one of a plurality of predetermined source image formats;

    retrieving the first image based on the received first URL;

    manipulating the first image to produce a first thumbnail image of a first predetermined size and format;

    retrieving the second image based on the received second URL;

    manipulating the second image to produce a second thumbnail image of a second predetermined size and format;

    creating a customized web page including the first and second thumbnail images; and

    presenting the customized web page to a buyer computer.

    2. The method of claim 1, wherein the first and second predetermined sizes are the same, and the first and second predetermined formats are the same.

    3. The method of claim 1, wherein the customized web page further includes the first and second product descriptions.

    I'd have to read the specification to correctly interpret this, but it looks like it's used to compare two products from two different sellers so that a buyer can bid on the one he likes better. Hmm, still seems pretty bogus.

  128. Image Extenders as prior art by AGumbus · · Score: 2
    I don't see how this is sufficiently different from what IBM delivered quite a number of years ago as DB2 Image Extenders.

    Essentially, they're a means of querying a database (potentially, distributed among a plurality of sites in the case of parallel DB's) for image content, presenting the results as thumbnails and permitting links back to the original images. They also provided the capability to query by drawing/doodle and by color distribution in the image.

    Be sure to send e-Bay feedback about any other prior art that would definitely turn their application into an organizational embarrassment. Stuff like Oracle interMedia or any given imaging product library from Xerox PARC.

    It's only fair, I should think...I mean, they probably have no clue how open they are to a world-class stomping by the largest organizations in the industry...

  129. Sure by Srin+Tuar · · Score: 1

    That will solve all our problems, lets ignore them!

  130. Re:actual photo by bobalu · · Score: 1

    eh, I dunno, I've been doing a shopping-cart-like site for my local car dealer for years and we usually put up the actual picture - sometimes a stock shot, but always labelled as such. What's the difference between selling cars (offering for a bid, there's no set price) and auctioning old garden art?

    (Other than the fact that you won't get a ticket for doing twice the limit in your stone gargoyle?)

    --
    The revolution will NOT be televised.
  131. Microsoft's response by Bill+Fuckin'+Gates · · Score: 1

    Users of Windows 2000 (the ebusiness platform of the new millenium) can view a group of images as a "thumbnail gallery" in Explorer, by selecting "Thumbnails" from the View menu. Therefore, Microsoft can prove the existence of "prior art". You'll be hearing from several hundred of our lawyers withing the coming weeks.


    See you in hell,
    Bill Fuckin' Gates®.

    --


    See you in hell,
    Bill Fuckin' Gates®.
    (This post is ©2001 Microsoft(TM) Corporation.)
    1. Re:Microsoft's response by AGumbus · · Score: 1
      These would be the thumbnails that originally made an appearance in the OS/2 Warp Multimedia Extensions, right? You know, Image Folder, Audio Folder, etc. :-)

      Sorry, couldn't resist. You're absolutely right, though: Microsoft, IBM, Oracle, and a slew of others will hopefully, stomp this embarrassment into the dust.

  132. What about xv? by dsplat · · Score: 2

    xv has been doing thumbnails of all the pictures in a directory for several years. Depending on what exactly eBay thinks they've patented, there may be a number of example of prior art.

    --
    The net will not be what we demand, but what we make it. Build it well.
  133. Dot com survival strategy by iturbide · · Score: 2

    And that's what it looks like to me.
    Can't show investors a profit, let's see if they fall for the "innovative" things we do. Next keyword: revolutionize.
    Emperor's clothes and all that.

    Oh well. Happy new year, everybody!

  134. This seems really quite silly. by Lover's+Arrival,+The · · Score: 1
    What I don't understand is, surely to goodness there is absolutely *tons* of prior art for this? Why, surely the X-rated sites alone have had thumb-nail galleries for quite some time ;) (I know this because I caught my brother at one once, the naughty boy;)

    So how can they hope to get this patent passed? Only by hoping that the patent office is too ignorant to realise the truth. But even the patent office knows this, surely? And thats not to mention the surefire countersuits from other companies whose business will be threatened by this.

    Do they have some unique (*very* unique) twist on the usual thumbnail scheme? That is the only way, it would seem to me, that this application should be allowed.

    *sigh* I'm so tired. I can't wait to get home and into bed with a nice hot water bottle. Its quite cold in Maine just now.

    --

    --Anticipation of a New Lover's Arrival, The

  135. Re:so you think corporations can't change the laws by Canar · · Score: 1

    To quote a wise British Secret Agent:

    "Yay capitalism!"

    *grumble*

    -=Canar=-

  136. email... by Technodummy · · Score: 1

    could you please email me?

    I'd like to ask you a couple of questions.

    remove the -sucks-ass to reply

  137. Maybe it's legit? by mgkimsal2 · · Score: 2

    There *could* be an element of 'uniqueness' to their approach. I don't know of too many commerce sites that let you see a thumbnail gallery of the actual items you're able to buy - usually only professionally done photographs of stock items.

    And how many auction sites do this? Again, it's not a case of 'I've seen thumbnail galleries before, so ebay can't do it cause it's prior art' - they're not saying they invented thumbnail galleries. What they'd be claiming is that they've invented a unique business process of some sort. If the scope is narrowed some, they might be the first auction site to do this, making it unique and perhaps patentable.

  138. discovery? by pezpunk · · Score: 1
    discovery of computers?

    as if we just found them, on a remote island somewhere? gravity was discovered, computers were invented.

    --
    i could live a little longer in this prison
  139. speaking of stupid patents... by darthpenguin · · Score: 2

    here is a patent I found a while ago on "Method of exercising a cat" with a handheld laser. It is patent number US05443036, and info on it can be found at http://www.delphion.com/details?pn=US05443036__

    Besides, I'm sure there are *many* sites that can claim prior art for thumbnailed images...

    -mdek.net

    1. Re:speaking of stupid patents... by coolgeek · · Score: 1

      shit! i must owe those guys a ton of back royalties.

      --

      cat /dev/null >sig
  140. get over it people. by garcia · · Score: 2

    everyone is patenting everything. It really doesn't matter (as has been pointed out everytime something like this happens) a quick appeal and it will be wiped out.

    no, the patent people do not know what they are doing, and no, no one cares. just let it go.

    as for EBay being stupid, that is another story.. :)

  141. Harvesting images by Pulzar · · Score: 1

    I'm going to patent my method of harvesting resources in C&C...

    --
    Never underestimate the bandwidth of a 747 filled with CD-ROMs.
  142. Query by discovercomics · · Score: 1

    Sounds like a patent on a database query is what they really need.

  143. Oh my godzilla... by flounder_p · · Score: 1

    I know the subject is stupid. I had to say it I heard someone else say it today. Anyway I say if anyone has a patent for thumbnails it is the online porn industry. E-bay and all these companies trying to patent things like this...I mean...God damn they are so... Sorry I am at a lost of words. See u I am off to patent useing English on the web.

    --
    -- Tyler >+++++++[-]++++.---------.+.++++.++.
  144. banner hits by ArchieBunker · · Score: 1

    Thats what its all about, banner hits. More money in robs pocket.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  145. Mexican April Fools... by CBoy · · Score: 1

    Was Dec. 28th. Perhaps the patent was filed by a Mexican Employee ? Details of the holiday are here

  146. Re:I don't see what all the fuss is about by DickBreath · · Score: 2

    BT tried a similar stunt recenlty in the UK saying it had a patent on hyperlinking.
    why Ebay would even try to patent something that clearly already existed before

    Here's why...

    You patent it. Even if it's stupid.

    Then you go after the infringer who is most likely to settle. In BT's case, they are going after Prodigy.

    How many times have you ever seen a press release about some lawsuit that was settled, but the terms of the settlement were kept private?

    So Prodigy settles with BT, and agrees to pay BT some absurdly small amount of money for BT's extremely innovative hyperlink technology. Now what happens? Why did they do this?

    Well, they both got soemthing out of it. Prodigy got out of a lawsuit. Prodigy got a license to the innovative hyperlink technology. Prodigy now gets to watch as BT goes after Prodigy's competitors. What did BT get? BT got a little bit of money. BT got some precedent that their patent is valuable because others have already licensed it. Prodigy gets to watch their competitors pay absurd amounts of money that Prodigy got for free.

    Of course, only the first few licensees get such favorable treatment. After the first few, the licensing fee suddenly goes way up and becomes an actual source of money to BT.

    Need an example: rambus. How much are they asking for these days?

    Why are the terms of these settlements kept secret? There must be something worth hiding. Something too embarrasing to make public. I think it the absurdly small amount of money they got. If everyone knew this, and both people thought of what I just explained, then both sides true motives would be exposed. Bad PR.

    --

    I'll see your senator, and I'll raise you two judges.
  147. Proof... by Wire+Tap · · Score: 1

    ... that internet companies are bloated and full of hubris. Whose ego is fueling these fires? I really do not comprehend how people think they have any right to patent something as universal as a thumbnail gallery. That is no different than claming to have created the photo album or any other convienent image bank. What a joke.
    What needs to be seen is the Patent Office of the United States to crawl out of their shallow hole and discover the world out there is teeming with dynamic ideas, and that somtimes (read: most of the time) patents are entirely uncalled for. They do little but symie the world at large. *sigh* I feel sad and depressed all over again. Will humans never learn?

    --

    Man is born free; and everywhere he is in chains.

  148. I don't see what all the fuss is about by kastaverious · · Score: 1

    if Ebay tries to enforce this, they will be laughed out of any court in the land. BT tried a similar stunt recenlty in the UK saying it had a patent on hyperlinking. It is clear in both cases that prior art exists. Im still rather confused though as to why Ebay would even try to patent something that clearly already existed before it even existed. Do they really think they have a cats chance in hell of having this upheld in a court?

    --
    GiraffeSville, a place anyone can call home
  149. Here's the patent.. by James_G · · Score: 5
    Look here.

    Abstract: A method and apparatus for information presentation and management in an online trading environment are provided. According to one aspect of the present invention, person-to-person commerce over the Internet is facilitated by providing prospective buyers the ability to quickly preview items for sale. Images are harvested from a plurality of sites based upon user-supplied information. The user-supplied information includes descriptions of items for sale and locations from which images that are to be associated with the items can be retrieved. Thumbnail images are created corresponding to the harvested images and are aggregated onto a web page for presentation at a remote site. According to another aspect of the present invention, a user may submit a query to preview items for sale. After receiving the query, thumbnail images corresponding to items that satisfy the user query are displayed, each of the thumbnail images previously having been created based upon a user-specified image.

    So, it sounds like it's specific to online auctions, so although this isn't any less stupid than it originally sounds, I wouldn't start to worry about your online gallery of cat photos too quickly.

  150. The most predominant earlier use of this patent by Rydor · · Score: 1

    ...with thumbnailed galleries of their "works" would of course be all of the porno sites of course