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Netflix Granted Patent on DVD Subscription Rentals

A few folks noted a new patent showing up from netflix. They apparently now have a patent on their model of subscribing to rentals- where instead of being charged per disc, you are charged a monthly fee and can keep the rentals indefinitely without late fees. You can patent anything! Get on the bus!

638 comments

  1. Other patents... by ChaoticChaos · · Score: 4, Funny

    They've also got a patent on not being able to find my DVDs for at least a week and a half after I send them back.

    1. Re:Other patents... by mozkill · · Score: 2, Interesting

      your right actually. what if someone were to come along and "improve on the patent" by supplying the same service without delays!

      can that be patented?

      --

      -- Betting on the survival of the media industry is a serious risk. I advise investing elsewhere.
    2. Re:Other patents... by evilviper · · Score: 5, Interesting

      There's a quick solution for that... Start reporting them as stollen. Once I did that, the delays magically disappeared for a while. After reporting 3 or 4 stollen, the delays stopped permanently.

      Yeah, netflix isn't all good, but they are still a step up from the alternatives.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    3. Re:Other patents... by drinkypoo · · Score: 2, Funny

      Well, I think that patent is a derivative of the one Blockbuster holds for not recording the return of a movie until the day after I put it in the slot. Rapid Return, my ass.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Other patents... by sql*kitten · · Score: 4, Funny

      They've also got a patent on not being able to find my DVDs for at least a week and a half after I send them back.

      Funny, dvdsontap.com did the same thing to me, claimed to have received back an empty case. I've taken to videoing myself putting the DVDs back in the cases and sealing it in the envelope, with my digital camera.

    5. Re:Other patents... by u-235-sentinel · · Score: 1

      That's nothing compared to my patent. I have built a device that toasts not just one but two pieces of toast.

      It's amazing that they will let you get away with these days ;-)

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    6. Re:Other patents... by cshark · · Score: 1

      Or how about that patent they have of sending out the wrong movies when I tried their service. Netflix sucks.

      --

      This signature has Super Cow Powers

    7. Re:Other patents... by Anonymous Coward · · Score: 0

      I assume you're naked in those videos and you sell them on your website? Gross. Like anyone wants to see a 300lb pasty white pear shaped nerd licking an envelope.

    8. Re:Other patents... by slaker · · Score: 3, Insightful

      Netflix used to have some adult-ish titles a couple years ago. Then they just... vanished off the rental lists. I wrote in and asked about it. Got no response.

      I originally signed up for the service to get a couple of titles my video store didn't have (Brazil, some concert films). I had a few titles on my rental list that started "Playboy's...", but after not looking for a month or so, I couldn't even find the category any more.

      In my mind, if you're gonna carry very-soft adult materials like playboy videos (basically just naked girls prancing around. Nothing more provokative than a nipple), then do it. Don't change your mind. The local cable operators carry more "offensive" on the scrambled stations all day long, and they didn't stop carrying mainstream movies with more provokative content.

      They changed their mind. I don't know why. But after that, I thought perhaps they COULD change their minds again, and suddenly head down the Blockbuster path of "extra special no-naked-people" versions of movies. Boo Hiss.

      I've used a couple of rental services since then, but after a better video store finally opened locally, I had almost no need of netflix service.

      Now I just use wantedlist.com, which is an adult-only service, and don't worry what the hell netflix might do.

      --
      -- I wanna decide who lives and who dies - Crow T. Robot, MST3K
    9. Re:Other patents... by gid · · Score: 4, Insightful

      I had a few titles on my rental list that started "Playboy's...", but after not looking for a month or so, I couldn't even find the category any more.

      suddenly head down the Blockbuster path of "extra special no-naked-people" versions of movies.

      That annoys the shit out of me. What the fuck is it with people here in the States that makes them so afraid of seeing naked people? BUT THE CHILDREN MIGHT SEE. It's the soccer moms doing it, I'm telling you...

      It's not so much that they cut the naked people out. It cutting ANYTHING out of the movie without telling me. I want to see the movie the way the director intended it. Which is why I'm a big fan of director's cuts that have more footage, a lot of times extra scenes that add a LOT to the movie. I hate it when someone high up cuts this and this out to get the pg-13 rating which means bigger sales.

      Screw that. Movies are an art form. I don't go to a museum and expect to see black bars on all the naked statues and paintings, do I? I fail to see the difference.

    10. Re:Other patents... by intermodal · · Score: 5, Funny

      if you read later in the article, you may notice a problem as I patented a method for stepping onto a motorized vehicle designed for conveying pay-per-customer passengers to pre-designated areas without appointments...so everyone who "got on the bus", please send $1,000,000 to me ASAP or you'll hear from my personnel who can say IAAL (without the N like the rest of us)

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    11. Re:Other patents... by gid · · Score: 1

      I was going to subscribe to Netflix, but then I realized something... I hate the subscription model. There's no way I spend $20 a month on video rentals now, so subscribing to Netflix would lock me into spending more money than I current spend on rentals. I really don't rent that many movies. A lot of my friends have nice DVD collections, so I borrow from them, and they borrow from me. For $20/mo, I'd rather buy a new dvd every month that other people can borrow and watch, and then I own something in the end.

    12. Re:Other patents... by theonetruekeebler · · Score: 3, Funny
      [N]etflix isn't all good, but they are still a step up from the alternatives.
      Now that a patent has been issued, what alternatives?
      --
      This is not my sandwich.
    13. Re:Other patents... by sunspot42 · · Score: 2, Funny

      I've taken to videoing myself putting the DVDs back in the cases and sealing it in the envelope, with my digital camera.

      You should patent that process, you know.

    14. Re:Other patents... by dknj · · Score: 4, Informative

      So that's why there's Wanted List

      -dk

    15. Re:Other patents... by Cunk · · Score: 1

      That's not enough. You really should video tape everything from the point you pull the distinctive red envelope out of your mailbox to the moment you toss it in the back seat of you car and promptly forget about it.

      --

      I am the inventor of the hilarious refrigerator alarm.
    16. Re:Other patents... by Uart · · Score: 1

      Too late. I just filed the application!

      --

      Opinionated Law Student Strikes Again!
    17. Re:Other patents... by eXtro · · Score: 1

      Netflix is based in Utah. Utah is strongly mormon and it just so happens one of the founders, Reed Hastings, was the head of the State Board of Education. So keeping the porn would negatively affect Reed's chances of re-election. Remember, Utah has (or had, I think I read that the post was axed) a Porn Czar.

    18. Re:Other patents... by Anonymous Coward · · Score: 0

      Unfuckingbelievable!!!
      How stupid are those guys at the patent office?

    19. Re:Other patents... by Delphis · · Score: 1

      subscribing to Netflix would lock me into spending more money than I current spend on rentals

      How else do you think they'd be making money? :D

      --
      Delphis
    20. Re:Other patents... by karnal · · Score: 1

      You actually might want to rethink your suit. Stepping "onto" the motorized vehicle probably wouldn't get you anything but scrapes and scratches when you fall off at the next turn..... but getting "into" the vehicle... now there's a patent!

      Of course, then you'd be infringing on my patent for taxi cabs.

      --
      Karnal
    21. Re:Other patents... by patchmaster · · Score: 3, Informative

      Netflix is incorporated in Delaware and the main corporate offices are in Los Gatos, California. They may well have distribution centers in Utah, as they do in many other states, but they are not "based" in Utah.

      I suspect any censorship of titles done by Netflix is more a result of states such as Alabama prosecuting some companies for sending to the state materials that do not meet with their community standards. There was an adult-oriented satellite service that was shut down because Alabama sued them for broadcasting what the state deemed obscene material into the state -- regardless of the fact that the transmission was encrypted so only those that paid for the service could view it.

    22. Re:Other patents... by beebware · · Score: 1

      Too true - that practically overlaps the patent that toasts two slices of bread...
      (Unless you really have taken to putting toast into the toaster: when it comes out is it toastX2 or just ashes?)

    23. Re:Other patents... by Skreems · · Score: 2, Funny

      I'd rather buy a new dvd every month that other people can borrow and watch, and then I own something in the end.

      wget divx_codec_5.05.exe
      wget decss.exe
      wget flask_mpeg.exe

      (yeah, I know I'm mixing *nix and windows, but I don't know the apps for *nix :-P)

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    24. Re:Other patents... by Anonymous Coward · · Score: 0

      People like you are why the DMCA and related bullshit are being enforced, and why DeCSS is illegal. Try paying for a product, fucktard. You're not special.

    25. Re:Other patents... by Anonymous Coward · · Score: 0

      Utah and Alabama... two places I'd never live.

      If you live either state, I feel for you.

    26. Re:Other patents... by saden1 · · Score: 1

      Blockbuster is evil reincarnated. Their system of return next day by noon is nothing more than a way to get more money out of you. I'm fcking at work so how the hell I'm I supposed to return it by noon?

      Their are two Blockbusters within a mile from me, but I opt to go to Hollywood Videos because of their nice 5 day return policy.

      --

      -----
      One is born into aristocracy, but mediocrity can only be achieved through hard work.
    27. Re:Other patents... by evilviper · · Score: 1

      I didn't spend anywhere near $20 on rentals before I signed up, but that was because of the cost of renting, as well as the hassle.

      With Netflix, I'm see what would cost about $50/month from a brick&mortar rental shop, not to mention that I get all sorts of movie I've never been able to find at my local rental shops.

      BTW, there is a lower class of service from Netflix that is even cheaper if that's what you want.

      As for owning/renting, that's a decision everyone makes. The way I figure it, out of watching 10 movies, I might buy one. Without spending the money on renting, I would probably end up buying a lowsy movie every month if I was to follow your plan.

      Also, as has been mentioned, it is indeed possible to make a copy of a DVD, and burn it to a CD-R if you are so inclined.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    28. Re:Other patents... by evilviper · · Score: 1
      Now that a patent has been issued, what alternatives?

      Have you ever heard of a little place called "Blockbuster"? You should check it out some time.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    29. Re:Other patents... by CheeseMonkey · · Score: 2, Interesting

      Amazingly, some people actually like purchasing their movies. Yeah, I know!

      Granted, it sucks that most of the money I've spent on those movies has ended up in the pocket of some slimeball I would probably punch in the face before willingly giving money, but it still seems right, in way. More right than just taking the movies without giving any compensation to anybody, that's for sure.

      Or, maybe I just like all those pretty keep cases...

      --
      Nothing to see here.
    30. Re:Other patents... by Lt+Razak · · Score: 1
      And that is why my favorite free rental place is now alt.binaries.svcd

    31. Re:Other patents... by Lt+Razak · · Score: 2, Interesting

      Yea. I feel sorry for those that rented Requiem For A Dream" from Blockbuster.

    32. Re:Other patents... by Lt+Razak · · Score: 1
      Well, it's not the next day by noon, it's 2 days at noon. They actually extended the next day at midnight to 12 hours later: noon.

      I'm all for Hollywood Videos as an alternative, but I dislike paying 'new' rental prices for such 'new' films like Ghost Busters.

    33. Re:Other patents... by outsider007 · · Score: 2, Funny

      I don't go to a museum and expect to see black bars on all the naked statues and paintings, do I?
      no but you don't expect to see statues giving blowjobs either

      --
      If you mod me down the terrorists will have won
    34. Re:Other patents... by CuriousGeorge113 · · Score: 2, Funny

      So when will Blockbuster patent "Driving to a brick & mortar retail location for the purposes of renting a DVD/VHS movie?"

      Yep, what will the think of next. . . .

      --
      No man is an island, But if you take a bunch of dead guys and tie them together, they make a pretty good raft.
    35. Re:Other patents... by Anonymous Coward · · Score: 0

      Sure, but that has nothing to do with the casual nudity that Americans seem absolutely paranoid about.

    36. Re:Other patents... by Moofie · · Score: 1

      Hollywood Video, and my erstwhile favourite local chain The Movie Trading Company, are both owned by Blockbuster.

      I sure wish I could rent movies from somebody who wasn't out to shaft me.

      --
      Why yes, I AM a rocket scientist!
    37. Re:Other patents... by Lord_Dweomer · · Score: 1
      "It's not so much that they cut the naked people out. It cutting ANYTHING out of the movie without telling me."

      I have the misfortune of working at blockbuster on the weekends since my (awesome) internship during the week is for credit only...and Saturday night I had a girl come up to me and ask me if the movie she was considering was 'edited' because she had had a nasty experienec with that before. So i'm examining the movie and the case...and ya know what? There was not a single way for me to tell if it was altered or not. Now, that could be because it wasn't, but how would you know? Is that what that "This movie has been altered for your tv" msg or w/e it is means?

      --
      Buy Steampunk Clothing Online!
    38. Re:Other patents... by gvonk · · Score: 1

      I was told by several Blockbuster employees that this actually decreased their revenues from late fees (now this is in a college town, so ymmv) because a large portion of returners came just after midnight the day after they were rented (which would be late on the old plan and is ok on the new plan).

      Now, that doesn't change the horrid fact that late fee revenue accounts for like 60% of their income...

      --


      El Karma: excelente(principalmente la suma de moderación hecha a los comentarios de los usuarios)
    39. Re:Other patents... by jwilloug · · Score: 1

      He's right about everything except Utah. Gray Davis appointed Hastings to the State Board of Education in 2000, and you don't have to be Utah to have issues with mail-order porn kings in such a position.

    40. Re:Other patents... by swillden · · Score: 1

      They may well have distribution centers in Utah, as they do in many other states, but they are not "based" in Utah.

      The Netflix distribution center nearest to Utah is in Denver, Colorado.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    41. Re:Other patents... by Anonymous Coward · · Score: 0

      fucktard?

      I'll pay for products that provide me value. Just because some rich assholes enacted laws to protect their profit streams (talking both politicians AND RIAA/MPAA here) doesn't mean we all have to play along. You should try a title of "unthinking sheep" on for size.

    42. Re:Other patents... by Anonymous Coward · · Score: 0

      but it still seems right, in way ... what a good, unthinking consumer you are.

      LISTEN UP EVERYONE... food grows on trees, why the hell are we all working?

    43. Re:Other patents... by CheeseMonkey · · Score: 1

      (taking the flamebait, please don't mod me down too much. Sometimes it just feels sooooo good!)
      Well...
      We are working so that you can use the money you make to pay for your computer and internet connection so you can post assinine backwards-thinking comments like this on slashdot, you filthy, filthy troll.

      If you want to live in the woods like an animal and eat food off of tees, be my guest. You won't be missed!

      If not, get off your goddam high horse and try to be a useful member of society. It may be a capitalistic consumer-driven nightmare to someone so obviously enlightened as yourself, but it's the best thing we've got, and it won't get any better with people like you in it.

      --
      Nothing to see here.
    44. Re:Other patents... by Anonymous Coward · · Score: 0

      To whom it may concern,

      I patented the process of wiping ones ass with toilet paper. Please send royalties to the following address, or my lawyers will be forced to come and wipe your ass for you - with sand paper.

    45. Re:Other patents... by Trespass · · Score: 3, Informative

      Odd. Take a look at some sculptures from the Moche civilization, or perhaps some Tantric friezes. Fear not though, the majority of penises in american art museums are still on Baby Jesus.

    46. Re:Other patents... by kruczkowski · · Score: 1

      You have never been to Amsterdamn have you?

      --
      hmm... for fun I enjoy launching DDoS attacks against 127.87.42.5
    47. Re:Other patents... by kruczkowski · · Score: 1

      I agree with you on that one.

      America is the most paranoid nation in the world I have been too.

      --
      hmm... for fun I enjoy launching DDoS attacks against 127.87.42.5
    48. Re:Other patents... by Lt+Razak · · Score: 1

      How sinister. That's like finding who the true brewers of Red Dog is.

    49. Re:Other patents... by ruiner13 · · Score: 1
      I just patented masturbation. I should make money hands over fists on that one!

      --

      today is spelling optional day.

    50. Re:Other patents... by kruczkowski · · Score: 1

      Just one more reason I am thinking about moving back to Germany.

      --
      hmm... for fun I enjoy launching DDoS attacks against 127.87.42.5
    51. Re:Other patents... by gid · · Score: 2, Informative

      Is that what that "This movie has been altered for your tv" msg or w/e it is means?

      Usually that means that the widescreen version has been redited to fit on a normal tv screen without the black bars at the top and bottom.

      Yet another editing technique I hate. Sometime you lose valuable information because they chop the sides off. Say, for example, there's a scene where one person is on the far left of the screen and another is on the far right of the screen. If they make it fullscreen, then someone has to be cut out of the shot!

    52. Re:Other patents... by Zebbers · · Score: 1

      ummm...most movies ive watched with directors cuts and commentary usually have the director saying "I hate how this is called directors cut, you saw my cut at the theatre" I love the deleted scenes and such, but 9 times out of ten what you saw in theatre is what the director wanted you to see...even if it is within arbitrary limits like length or whatnot. Or even sexual content! The directors know what they are working with and build around the limits.

      Dont like it? Then watch only independent films. I highly doubt anyones cutting to get pg13, in fact usually its the opposite. A movie will get returned with a pg13 and they will recut to R because your average adult will not want to see a pg13 labelled movie.

      I agree with the nudity thing, thats our culture. Move? its a slow process to change. But you are way off base with the cutting rant.

      Big Label Movies are as much artform as Big Label Music: unless its done by an established *rich* prominent person, the studio is gonna dictate alot. Its a commercial product. like i said...untouched art is independent. Not that bigticket movies arent art, its just that the artist usually does have less control.

    53. Re:Other patents... by Carnivorous+Carrot · · Score: 1

      > you are charged a monthly fee and can keep the
      > rentals indefinitely without late fees.

      So it differs from a tax-funded library only in that you can return it any time instead of waiting for the amnesty?

      --
      "Has [being a kidnapped teenage girl, raped repeatedly for months] changed you?" - Katie Couric to Elizabeth Smart
    54. Re:Other patents... by Anonymous Coward · · Score: 0

      It's better than living in the People's Republic of Kalifornia.

      Utah and Alabama - the last BEST places to live in what used to be the land of the free.

    55. Re:Other patents... by Arcturax · · Score: 1

      Not anymore most likely. Netflix will almost certainly sue them. Though they may get off with just heavy royalty payments but that means most cost now.

      --

      --Won't that be grand? Computers and the programs will start thinking and the people will stop. - Dr. Walter Gibbs
    56. Re:Other patents... by Reziac · · Score: 1

      I'm sorry, but you will first have to pay me royalties on use of the "pre-designated area" (aka "bus stop") which I've patented in a previous post.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    57. Re:Other patents... by cshark · · Score: 1

      Pretty damn stupid. It seems to me that their goal is to issue as many patents as possible, and let the courts work it out. I read recently that 54% of all patent law suits filed result in invalid patents. That should say something about the state of affairs at the USPTO. It's shameful really. If they can't do their jobs, the whole system becomes next to useless.

      --

      This signature has Super Cow Powers

    58. Re:Other patents... by Anonymous Coward · · Score: 0

      jee, and we'd miss your lovely comments about america oh so much. when you get back to your 'homeland', please login on your own 'deutchdot' website and complain about america there. it's getting tiring listening to it here...

    59. Re:Other patents... by zonker · · Score: 0

      umm... no, they're not. hollywood video has nothing to do with blockbuster, other than they both have profitsharing deals with the studios. read up on your 'facts'. however, your point is still valid. i miss the abundance of mom and pop video stores that used to exist. they are/were great places to find lots of quirky movies you'd never see at a huge video company like BB or HV. sad indeed.

    60. Re:Other patents... by Flounder · · Score: 1

      Easy answer. Don't rent anything from Blockbuster. It's hard enough finding widescreen versions of DVDs there.

      --

      No boom today. Boom tomorrow. There's always a boom tomorrow. - Cmdr. Susan Ivanova

    61. Re:Other patents... by zonker · · Score: 0

      i agree that this stuff should be labelled properly. however, there are many movies where there are so called 'directors cuts' where the director had little or nothing to do with the film, or wasn't given enough time/money to do it the way they wanted. a good example of this is blade runner. take a look at how many cuts of this movie exist. hell, there are about that many of star wars and empire as well (though most of them were done by lucas himself). probably the greatest tragedy of studio cuts was orson welles classic masterpiece 'the magnificent ambersons' which he did after citizen kane. it was chopped up and butchered (literally) by the studio and then all the film that was cut from it was destroyed (on purpose) while welles was shooting on location in south america during the war so that welles couldn't get a hold of it. a damned shame. requiem isn't alone...

  2. Ah well... by mhore · · Score: 5, Funny
    if they hadn't done it, Wal-mart would have.

    Mike.

    --

    Mmmm......sacrelicious.

    1. Re:Ah well... by dirvish · · Score: 1

      Does this mean they can sue Wal-Mart and any other competition?

    2. Re:Ah well... by Slack0ff · · Score: 1

      This is a load of shiet. Niether should be able to patent a system of renting DVD's... All walmart has to do is make a change to there proposed system that makes it different patent that and they are back in business. This is walmart they can do whatever they wish... could any other market chain pull off selling preloaded linux pc's? No... If i didnt not like netfix before now i think they are bastards...

      --
      Everyday You see me is the worst day of my life -Office Space
    3. Re:Ah well... by L.+VeGas · · Score: 4, Funny

      Wal-mart doesn't care. They just patented a system of placing items in a large building that has wrinkled, lonely people at the doors and pizza-faced teenagers at cash registers. This combination has the remarkable ability to attract large-rumped 35 year-olds to buy Pringles and t-shirts.

    4. Re:Ah well... by FroMan · · Score: 3, Funny

      [scene] US patent office reception desk. A woman dressed in business attire sitting behind the desk is intently looking at a page, picks up another page and glances back and forth between the two. A particularly nerdy fellow with a bow tie and pocket protector walks in.

      USPTO-Woman: Yes, can I help you?

      Nerdy Guy: Yeah, I here have a patent on a particularly interesting formula of hyper-glasniac-poatable freagle-snaks. It will totally revolutionize the world, bring world peace, end hunger, and raise the poor up to be equal contributors to society.

      USPTO-W: Interesting. Please put your money into the slot and we'll let you know after our analysis if this makes it past our highly trained team of patent reviewers.
      NG: Thank you very much madam.

      [scene] Nerdy Guy walks off stage and woman sits back down behind the desk. Camera goes over her shoulder to view what she is reviewing. In one hand is a patent application and in the other she shuffles through a stack of paper that has complete gibberish and brown smudges on it. Once that stack of paper is finished she stamps the patent application as approved andstands up and walks to a door.

      [scene change] This room has a number of men in white lab coats watching over roughly 30 monkeys hanging from the ceiling and climbing over chairs. Most are throwing crap around at each other and the abandoned typewriters and the men in lab coats. Goatse happen to be handing from the walls also. USPTO-Woman walks in one of the doors.

      USPTO-W: So. How are the researchers doing today? I've been reviewing a number of applications today and have not found any exact matches, so all applications have been approved since we didn't find any prior art.

      --
      Norris/Palin 2012
      Fact: We deserve leaders who can kick your ass and field dress your carcass.
    5. Re:Ah well... by Speare · · Score: 3, Funny
      Checking stacked negatives. PARITY ERROR: No... If i didnt not like netfix before now i think they are bastards.

      Are they bastards or not?

      --
      [ .sig file not found ]
    6. Re:Ah well... by c1pher · · Score: 1

      "if they hadn't done it, Wal-mart would have. "

      yeah, but netflix would have prior use of the concept, and could likely defend a challenge of it from someone, would right? I mean they were basically the first ones to come up with the idea, there's even another company now that took that exact Netflix business model, but for games.

      --
      The Adult Happy Meal - "I'm lovin' it!"
    7. Re:Ah well... by Tablizer · · Score: 1

      They just patented a system of placing items in a large building that has wrinkled, lonely people at the doors and pizza-faced teenagers at cash registers.

      Dude, you have an obsession with complexion problems. (Hmmm. Perhaps if I patent bad complexions, I can collect royalties.)

    8. Re:Ah well... by Slack0ff · · Score: 1

      Looks like the no was the awnser to the question about linux pc's dumbass. The guy just missused his "..."

      --
      Everyday You see me is the worst day of my life -Office Space
    9. Re:Ah well... by Anonymous Coward · · Score: 0

      Two unrelated things:

      1. I was pretty sure the freakle-snaks were going to be monkey droppings. It was quite a disappointment to see that you missed that important plot twist (feeding them their own $#!@). *sniff*

      2. If you're in a hurry, perhaps you can speed up the process by including a banana with your patent application. (But be careful not to have a banana in any of the figures or you will get rejected for prior art.)

    10. Re:Ah well... by Anonymous Coward · · Score: 0

      Offtopic:

      In addition to "funny," how about a posting modifier called "Nice try, but not funny"

    11. Re:Ah well... by Lawrence_Bird · · Score: 1

      I'm not sure that this was meant, nor is, funny. Insightful, yes. The poster is more than likely correct - WMT would likely have attempted this, and is just part of the corporate climate of patenting and copyrighting anything that might have any value to deny your competitors. I'm all for small companies being given a chance, like Netflix, and not being beaten to the ground by late comer gorillas. Evenso, I am troubled by patents that cover a business model, rather than a specific product. I'll allow it is a potential 'good thing', but that the duration of these types of patents should be much shorter - say 5 yrs from the grant. This sounds much more like a patent for selling soda from a soda fountain instead of by the can, rather than a patent for a specific type of soda fountain.

    12. Re:Ah well... by Anonymous Coward · · Score: 0

      Ah. So it's only a double negative instead of a triple negative. Now everything makes sense.

      By the way, I wonder what explanation your sock puppet would have offered if the poster had criticized any of the following:

      • Your numerous spelling errors.
      • Your inability to distinguish between common English pronouns.
      • Your run-on sentences.
      • Your use of ellipses instead of periods.
      • Your failure to use apostrophes in contractions.
      • Your seeming ignorance of the existence of the comma.
      • Your unconventional capitalization.

      I wonder if he would still call him a dumbass, or just a moron as he has done in the past?

    13. Re:Ah well... by Slack0ff · · Score: 0, Flamebait

      Im a dumbass my spelling skills reflect the fact that i dont read over my posts after i am done with them because i dont care my opion is the same wheather i do things right or wrong look no god damn punctuation here no spelling althought i would like to break the no punktuatioun thing by doing this... there now im happy... who needs grammer skills... not i... if you dont like it put me on your god damn list in your prof and be fucking done with is bastards... i mean damn if you didnt understand my first post that was tough... but the god damned personal attacks are like things that children would do... i must have forgoten that all you "anonaomus users" are just children looking to pick fights... use your sn if you have a thought... now FUCK OFF

      --
      Everyday You see me is the worst day of my life -Office Space
    14. Re:Ah well... by SpectreGadget · · Score: 1

      Hey you insignificant... i mean insensitive nerd, some of us normal-rumped 35 year olds like to buy Pringles and t-shirts too!

      --
      Jim Harry
  3. Walmart... haha! by klocwerk · · Score: 2, Interesting

    Very interesting considering Walmart just setup a similar program.

    While it may be a BS patent, it's nice to see a large corporation get screwed by a patent for once.

    --

    "You worthless post!"
    -Shakespeare, 2 Gentlemen of Verona, 1. 1. 147
    1. Re:Walmart... haha! by Sanity · · Score: 5, Insightful
      While it may be a BS patent, it's nice to see a large corporation get screwed by a patent for once
      Don't be silly, large corporations don't get hurt by patents - sheesh.

      Patents are for keeping out those pesky small innovative companies who can't affort to go to court and don't have their own patent portfolio so that they can force cross-licensing.

    2. Re:Walmart... haha! by zzzmarcus · · Score: 5, Insightful

      You're showing your ignorance to basic capitalism.

      BS patent or not, Netflix having a patent on this method of DVD rentals kills the competition--whether it comes from a Big Corporation or otherwise. A lack of competition is ALWAYS bad for the consumer. In the end, it's not WalMart who's getting screwed, it's you.

    3. Re:Walmart... haha! by bigpat · · Score: 3, Funny

      "A lack of competition is ALWAYS bad for the consumer. In the end, it's not WalMart who's getting screwed, it's you."

      Oh Not so! I can't imagine anyone would have thought of this particular method of renting DVDs unless someone at Netflix had shown us the way. That is precisely the intent of patent law, to bring innovation to the light of day so that we may all benefit in the future when the patent expires. Imagine if Netflix hadn't been able to patent this novel business method... they probably would have just decided to sell cabbages by the side of the road or something rather than share their secret. So none of us would have benefited from this "innovation" and we might have spent thousands of years before someone of similar intellect discovered this unique way to rent DVDs! ;)

    4. Re:Walmart... haha! by jridley · · Score: 1

      It doesn't kill the competition, it just costs Wal*Mart a little more to do it, as they'll have to pay royalties. Wal*Mart would be perfectly willing to do this at a loss for a couple of years if they could crush Netflix in the process; the patent will mean a steady flow of cash from Wal*Mart to Netflix, which might actually keep Netflix afloat and a serious competitor. Without the patent, Wal*Mart would likely crush Netflix like a bug.

    5. Re:Walmart... haha! by ceejayoz · · Score: 1

      A lack of competition is ALWAYS bad for the consumer.

      Not true. Look at drug companies - development of a new drug costs billions, and without patents anyone could make a generic and undercut their price. End result? No new cancer/AIDS/everything fighting drugs, which is bad for the consumer.

    6. Re:Walmart... haha! by infolib · · Score: 2, Insightful

      While it may be a BS patent, it's nice to see a large corporation get screwed by a patent for once.

      Rather short-sighted. I personally don't care whether corporations are large or small, as long as they make nice products without ruining things for the rest of society (such as environment, legislation, etc.)

      There are no winners in the BS patent game, except perhaps patent attourneys. Seeing people punished for trying to do productive work makes me feel sick and sad. Anyway, they'll probably start suing from the low end, so wipe the grin off your face.

      --
      Any sufficiently advanced libertarian utopia is indistinguishable from government.
    7. Re:Walmart... haha! by angle_slam · · Score: 1
      Don't be silly, large corporations don't get hurt by patents - sheesh.

      You need to read this Slashdot post which links to this Fortune article. Lemelson has "earned" over $1.5 BILLION in licensing fees for stuff he didn't even really invent.

    8. Re:Walmart... haha! by Lt+Razak · · Score: 1

      Coulnd't they just replace "indefinately" to 1 month until you have to return the DVD's?

    9. Re:Walmart... haha! by mfrank · · Score: 1

      Actually, Netflix started out renting out DVDs through the mail in the traditional manner. It was only when they were about to go belly up after nearly two years of struggling that they came up with the subscription model during a late-night barnstorming session in 1999.

      http://www.business2.com/articles/mag/print/0,16 43 ,49954,00.html

      After all, as Buckaroo Bonzai says, if it was obvious, everybody would be doing it. Nobody but Netflix has been doing what they've been doing for nearly four years.

      If they hadn't patented the business method, somebody else would have, and then they'd be screwed blue and tattooed.

    10. Re:Walmart... haha! by Anonymous Coward · · Score: 0

      Patents don't expire. They are simply extended, whether that be by buying congressmen off, or by patenting an obvious extension to the pre-existing patent, which then gets protection.

      This is similar but not the same as what happened to the bar code industry (not the same because that jackoff took advantage of a plain loophole in patent law, which has since been closed--interestingly, it took decades to close that known loophole).

    11. Re:Walmart... haha! by patchmaster · · Score: 1

      Patent protection does NOT protect drug companies from competition. It just protects them from other companies making the exact same drug without permission (and, one assumes, royalties). Other companies are free to compete by developing their own drugs. How do you think all those different brands of antihistamines made it to market?

    12. Re:Walmart... haha! by Anonymous Coward · · Score: 0

      Netflix is under no obligation to license their patent to Walmart.

    13. Re:Walmart... haha! by bigpat · · Score: 1

      well, seriously now, would they have not tried this business model if they couldn't patent it? Or in other words, if a court invalidates this patent would they just go back to doing things the old way? This patent does nothing for the public good. It isn't a fair exchange of value which is what patents are supposed to be. Legal protection for a fixed period of time in exchange for information on how to create the patented device.

      And just because a business model is sucessful or even unique doesn't make it novel. This is just a subscription model for content with free postage. The only novel thing about it is that they seem to be making money at it.

      Safari is doing the same exact thing with online books with their bookshelf, but they don't have to mail their content. In fact, Netflix would be smart to emulate Safari books tiered plan which allows a customer to have more content for more mone.

      A solution to all this mess would be to do away with the patent office, let people hash it out in the courts and let a jury decide if an invention is novel enough to protect it just as they do with copyright. Seems that is what the patent office wants anyway.

    14. Re:Walmart... haha! by connsmythe96 · · Score: 1

      Blockbuster also has a similar plan. My brother uses it. So that's at least two pretty large companies who will be looking to invalidate that patent.

      --
      if(!cool) exit(-1);
    15. Re:Walmart... haha! by Anonymous Coward · · Score: 0

      I believe BlockBuster was approached by a consulting group with this idea and some exec or another laughed them out of the room. Shortly thereafter, NetFlix came on the scene. I always wondered what happened to that BlockBuster exec.

  4. Walmart? by DetrimentalFiend · · Score: 3, Redundant

    This canâ(TM)t be good for Walmart. I wonder if Netflix will use this patent to shut down their competing service or if theyâ(TM)ll be âoeniceâ and license it for an obscene amount. People need to start pushing this issue with their representatives before e-mailing, calling, faxing, and talking are all patented.

    1. Re:Walmart? by DASHSL0T · · Score: 1

      Well if anybody has enough attorneys and money to bring the Patent Problem into the spotlight, it is Wal-Mart and their 9 gazillion dollars in revenue.

      --
      Freedom Is Universal
      Linux-Universe
    2. Re:Walmart? by Anonymous Coward · · Score: 0

      Walmart could just chagre both a monthly fee and a per rental charge. Just make the per rental charge a pittance. There's ways around everything.

    3. Re:Walmart? by chia_monkey · · Score: 1

      I see a couple options here. As stated above, yeah...Walmart could license that from NetFlix (ala "oneclick" like Apple did from Amazon).

      Another alternative *gasp* would be for Walmart to come up with a different method of renting DVDs. Imagine that...more than one way to do something. They could maybe say "you get the videos for a month, but if you return them sooner then we'll send the next one out". The possibilities are endless. There really is no reason to get all bent out of shape over this one patent.

      --

      "He uses statistics as a drunken man uses lampposts...for support rather than illumination." - Andrew Lang
    4. Re:Walmart? by dnoyeb · · Score: 1

      Either we license it for free, indefinitely, or we sue your asses in 50 states (+D.C & The Virgin Islands)

      Traditional "irrefuseable deal."

    5. Re:Walmart? by cheezedawg · · Score: 2, Insightful

      Has /. become so skewed that any patent is considered evil? I mean, Netflix did come up with a very innovative business plan, and they execute that business plan very well. WalMart came along several years later is trying to copy Netflix. Why shouldn't Netflix get some license revenue from that?

      This is not an outrageous patent.

      --
      "The defense of freedom requires the advance of freedom" - George W Bush
    6. Re:Walmart? by mrjohnson · · Score: 2, Informative


      Quite simply: patents should not granted for business plans, irregardless of what 'fair' is to you or anybody else....

    7. Re:Walmart? by johnkoer · · Score: 1

      That's Funny, because I just patented my 2 methods of posting on slashdot. If you use the Submit button without Previewing then it will cost you an arm and a leg, but if you use the preview button, there are no liscensing fees attached.

      This should increase the readability of all slashdot posts :).

    8. Re:Walmart? by xtrucial · · Score: 1

      Sorry, but hyperbole has been patented. You'll be hearing from my lawyers.

    9. Re:Walmart? by cheezedawg · · Score: 1

      That is your opinion. Unfortunately for you, many people, including the U.S. Court of Appeals for the Federal Circuit, disagree.

      --
      "The defense of freedom requires the advance of freedom" - George W Bush
    10. Re:Walmart? by Anonymous Coward · · Score: 0

      "irregardless", eh? Have you been watching GW Bush too much again?

    11. Re:Walmart? by Yo+Grark · · Score: 1

      >>Well if anybody has enough attorneys and money to bring the Patent Problem into the spotlight, it is Wal-Mart and their 9 gazillion dollars in revenue

      Gazillion? You've been reading Jon Katz articles again....

      Yo Grark
      Canadian Bred with American Buttering.

      --
      Canadian Bred with American Buttering
    12. Re:Walmart? by Zaak · · Score: 4, Insightful

      Unfortunately for you, many people, including the U.S. Court of Appeals for the Federal Circuit, disagree.

      Unfortunately, the people who believe that business models should be patentable will find out too late that it was a bad idea.

      "Intellectual Property" isn't. Ideas are very different from material goods, and trying to treat them the same is stifling the creativity that has advanced science, technology, and business in the United States up until now.

      TTFN

    13. Re:Walmart? by mshiltonj · · Score: 1

      I wonder if Netflix will use this patent to shut down their competing service

      That's what patents are for, aren't they?

    14. Re:Walmart? by KU_Fletch · · Score: 1

      I very much doubt there will be any sort of court challenge here. Patents on this subject are notorious for having a limited scope of enforcement. As long as Walmart's rental plan varies in the slightest degree from what is explicitly stated on the patent, it is fair game. It's similar to how there is a patent for one click purchasing of good over the internet. So now we have 2 clicks. Brand new idea!

      But I'm forced to agree with the overall sentiment that these apatents do little to help the world and are designed only for triggy happy lawers.

      --
      It's not stupid. It's advanced.
    15. Re:Walmart? by cheezedawg · · Score: 2, Interesting

      If you disagree with the entire concept of IP, then we are really coming at this from two different directions.

      However, the same arguments that you are making about stifling creativity and scientific advance were made 20 years ago when the courts ruled that you could patent a living organism. Look what has happened since then- there has been an explosion of scientific advancement in the biotech and pharmaceuticals industries. These patents were an important ingredient in that growth.

      Sure, our patent system isn't perfect, but I think our IP laws are partly responsible for our technological advancements this century.

      Here is an idea (for /. in general, not just for you). Instead of just complaining about how horrible the USPTO is, why don't you make some efforts to change it? There are Patent Examiner jobs open, including jobs in Computer Science and engineering. For an unemployed /.-er that is convinced he could do a better job examining patents, thats a win-win situation.

      --
      "The defense of freedom requires the advance of freedom" - George W Bush
    16. Re:Walmart? by Lt+Razak · · Score: 1
      Woah, i just realized.

      Jon Katz? Does he still write articles. It must be a good 2 years since I've had the displeasure. Maybe I had filtered him out, although I doubt it since I did enjoy reading the flames. Maybe he's just admitted that he's not 16 anymore.

    17. Re:Walmart? by Anonymous Coward · · Score: 0

      I like patents. I don't like how patents are abused. Unfortunately, that goes hand in hand with having a patent system.

      If they could someone come up with a reasonable, mandatory licensing scheme, applied to all patents, I'd be happier. As it stands, someone can patent something and not use it, suing anyone who does. I hardly think that was the intent of patent law.

      While I realize they are not perfect and have had huge issues, some recently, the way the mpeg consortium (mpegla.com) handles their patents at least seems reasonable in principle. Straight across the board licensing scheme available to anyone and fairly applied (unless you don't pay your dues).

      (Do not confuse mpeg patents with getting the specs for mpeg--the latter is a whole another matter.)

    18. Re:Walmart? by Lord_Dweomer · · Score: 1
      "Unfortunately, the people who believe that business models should be patentable will find out too late that it was a bad idea."

      But who cares as long as they can get rich quick. (and that was sarcasm)

      --
      Buy Steampunk Clothing Online!
    19. Re:Walmart? by mrjohnson · · Score: 1

      It doesn't make sense -- a business plan is the most boring thing I could possible think of. I make widget X and sell to people Y. How is this unique, and how can *anybody* claim prior art didn't exist going back to before 500 B.C.?

      Blockbuster rents you a movie, you go home with it and then you have to return it.

      Netflix mails you a movie, you watch it, you have to return it to watch another.

      How could this idea possibly be so unique that it requires the government to officially grant a monopoly?

    20. Re:Walmart? by digismack · · Score: 1

      Too late, I just filed a patent for using the mouth and tongue to create sounds used for communication.

      --
      http://www.hollowdepth.com
    21. Re:Walmart? by ed1park · · Score: 1

      Please prove or cite examples supporting your theory of the "explosion" of scientific advancement due to these patents.

      If anything, I think what you are seeing is a bubble compared to the explosive pace of a patent-free market.

  5. PATENT SOURCE by AyeRoxor! · · Score: 3, Insightful

    See the patent PDF here.

    Imagine if McDonalds had patented the "drive-thru" method of selling. THE PTO FARKING SUCKS I AM GETTING SO TIRED OF THIS CRAP /pant pant pant

    1. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      Note to self: Patent "drive-thru" method of selling.

    2. Re:PATENT SOURCE by pair-a-noyd · · Score: 0, Offtopic

      Gone in 60 seconds!
      Where else sparky??

    3. Re:PATENT SOURCE by mark_lybarger · · Score: 1

      if mcD's had done that it might have been a valid patent. patents are suppose to allow a business with a keen idea to introduce that idea without other big companies pirating and squashing them. patents also have a short shelf life IIRC, but i believe in this day and age that shelf life needs to be cut way down. 2-3 years perhaps. mcD's would have benefited from their drive through system and others would have come out with a slightly different drive through system that might have even made drive throughs much better. here's an idea patent the use of accepting credit cards for payment at the drive through ordering machine. then when the customer gets up to the window, they sign the reciept and off they go. if you were the machine maker and an investor in said machine/process you would want your investment protected.

    4. Re:PATENT SOURCE by TopShelf · · Score: 3, Insightful

      Where's the problem here? Netflix came up with a genuinely new business model, for which they should be rewarded if anybody else wants to hop on the same boat. This isn't a blindingly obvious or overly broad patent like the "user clicks on a link and we sell them stuff" that we've seen before.

      The drive-thru was a similarly revolutionary idea - whoever started it SHOULD have patented it...

      --
      Stop by my site where I write about ERP systems & more
    5. Re:PATENT SOURCE by umrgregg · · Score: 1
      here's an idea patent the use of accepting credit cards for payment at the drive through ordering machine. then when the customer gets up to the window, they sign the reciept and off they go.

      Sonic already has a patent for that; they have personal CC/ATM machines at each pod which is pending or has been approved iIrc.

      --
      NMG
    6. Re:PATENT SOURCE by Surak · · Score: 2, Funny

      Note to self: Patent "drive-thru" method of selling.

      Ummm..prior art? Oh, never mind. This is the USPTO we're dealing with here. They'll put patent examiners on it who don't have cars or something ... :)

    7. Re:PATENT SOURCE by mcgroarty · · Score: 1
      "Imagine if McDonalds had patented the "drive-thru" method of selling"

      Do patents not expire after 15 years, renewable only once for 15 more?

      They would have had the patent, and it would have been gone by 1975. :-)

    8. Re:PATENT SOURCE by rsheridan6 · · Score: 3, Insightful
      No, the fact that they were first to market, and therefore have all of the market share and name recognition should be enough. Patents like this serve only to stifle competition and are therefore anti-free market and anti-consumer.

      I can understand giving somebody an 18 year monopoly on a product that required lots of money spent on R&D, but allowing any bright idea to be patented is just idiotic.

      --
      Don't drop the soap, Tommy!
    9. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      Actually, I thought I heard that MCD did have some kind of patent. They used to use 2 windows, one for taking orders, and the next for giving out the goods. I had heard that no other fast food chain could use this 2 window method, because MCD patented the process or something

    10. Re:PATENT SOURCE by TopShelf · · Score: 5, Insightful

      So you're OK with a WalMart coming along with all their resources and wiping out NetFlix as soon as they see that a market is there worth taking? Yeesh, so much for innovation!

      I can understand giving somebody an 18 year monopoly on a product that required lots of money spent on R&D, but allowing any bright idea to be patented is just idiotic.

      Well, that pretty much writes off any small inventor. If you have to pour $X into R&D to get a patent, you've basically walled off a class of innovators from ever bringing their ideas to market.

      --
      Stop by my site where I write about ERP systems & more
    11. Re:PATENT SOURCE by Zoop · · Score: 4, Interesting

      Netflix came up with a genuinely new business model, for which they should be rewarded

      For which they are rewarded when someone joins and pays them money.

      What secrets are they keeping that the public will benefit from the exposure of on their patent application?

      None. It's bleeding obvious, and the first time you hear of it, it's obvious how to implement it, even by lemonade stand-level businesspeople.

      If you're an American, read your Constitution--the justification is written into it. If you're not, well, quick start a Netflix-style business before the EU patent is granted.

    12. Re:PATENT SOURCE by panda · · Score: 1

      > The drive-thru was a similarly revolutionary idea - whoever started it SHOULD have patented it...

      Uh, not really. Diners had been doing drive up since the 1930s. The drive thru was a streamlining of that. Besides, at the time that the Drive Thru was invented, you couldn't patent business methods. It wasn't until a court case in the late 1980s, early '90s that business method patents were allowed.

      Frankly, I don't think this patent will stand up in court. It will likely fail the "nonobvious to a person with average skill in the art" test. What the USPTO giveth the legal system taketh away.

      --
      Just be sure to wear the gold uniform when you beam down -- you know what happens when you wear the red one.
    13. Re:PATENT SOURCE by dmayle · · Score: 3, Funny

      You think you jest... Here in France, the drive-thru didn't exist before McDonalds came, so they called it a "McDrive" and trademarked the name...

    14. Re:PATENT SOURCE by workindev · · Score: 1

      but allowing any bright idea to be patented is just idiotic

      No, thinking that a bright idea shouldn't be patented is just idiotic. Being first to the market and name recognition does you no good if somebody else can some along and steal your idea and put you out of business.

    15. Re:PATENT SOURCE by Jahf · · Score: 1

      Thank you!

      Mod this up.

      This is a great illustration of what patents were created for. Walmart is a classic example of why patents are needed.

      --
      It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
    16. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      yup, and GPL is anti-free market and anti-business

    17. Re:PATENT SOURCE by Jahf · · Score: 1

      BTW, I meant "mod the parent up", not my post.

      --
      It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
    18. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      People like you are clearly deluded, if small inventors can't afford court costs then patents are useless. You shouldn't be able to patent business methods anyway.

      I patent the following,

      1. Bright idea.
      2. Patent business idea.
      3. Profit.

      I am the first to come up with the idea of patenting ALL business methods and demand patent protection (Note the above poster supports my right to patent protection for this 'invention') - fear my monopoly. Also note nobody has ever patented the business method of patenting a business method - I'm going to be rich suckers!

    19. Re:PATENT SOURCE by deadsaijinx* · · Score: 2, Informative

      they didn't come up with anything new. all they did was apply an Old bussiness model to DVDs.

      --
      YOU SUCK BALLS!
    20. Re:PATENT SOURCE by Shalda · · Score: 4, Insightful

      Except, of course, that it's not. Rental clubs are nothing new. Growing up, we had a video rental store nearby that offered a subscription model. You take that and add round-trip shipping and that's suddenly something new? I'm sure if you look hard enough you can find an earlier identical business model based around something other than DVDs. The closest thing to being revolutionary here is the notion that it might actually make any money.

    21. Re:PATENT SOURCE by rsheridan6 · · Score: 1

      So you're OK with a WalMart coming along with all their resources and wiping out NetFlix as soon as they see that a market is there worth taking? Yeesh, so much for innovation!

      First, if Wal-Mart (or anyone else) can provide a better service, why not?
      Second, why assume Wal-Mart would automatically win? I'm a Netflix customer and I'd never switch to Wal-Mart because they believe in Family Values (ugghh..), which means they won't stock the good stuff.

      Well, that pretty much writes off any small inventor. If you have to pour $X into R&D to get a patent, you've basically walled off a class of innovators from ever bringing their ideas to market.

      But the reason we have patents is supposed to be to encourage innovation. You don't want to spend 5 years in your garage (if you're the little guy) or millions of dollars (if you're the big guy) building a Gluon Hyperfrappaccinolater, only to have it get knocked off a week after it hits the market.

      An idea like DVD subscriptions does not represent a comparable investment of time or money. You could think of something like that while smoking weed and watching Teletubbies.

      --
      Don't drop the soap, Tommy!
    22. Re:PATENT SOURCE by brunes69 · · Score: 3, Informative

      If you're an American, read your Constitution--the justification is written into it. If you're not, well, quick start a Netflix-style business before the EU patent is granted.

      You can't patent business methods in the EU AFAIK.

    23. Re:PATENT SOURCE by Tablizer · · Score: 2, Interesting

      Where's the problem here? Netflix came up with a genuinely new business model

      Business methods are *not* patentable. However, when you put electrons into the mix, for some reason the courts see them as special exceptions. Probably because the judges are people who can't even find the ON switch, so ANYTHING on a computer is revolutionary to them. Frankly, most judges do not reflect the general opinions of the population because they are, well, old. They are out of touch. I am not saying that they should be fired, just that perhaps they should realize this and excuse themselves from such cases.

    24. Re:PATENT SOURCE by rsheridan6 · · Score: 2, Insightful

      If someone else can steal your idea and put you out of business when you're the established player, you're probably doing a shitty job of running your business.

      --
      Don't drop the soap, Tommy!
    25. Re:PATENT SOURCE by rsheridan6 · · Score: 1
      Oh, you work for panip then?

      That's an even worse scenario that current patent law allows - companies that patent overly broad ideas and business methods with no intention of doing anything with them, except waiting for someone else to build a business and then sue them.

      I should have patented DVD subscriptions and sued Netflix.

      --
      Don't drop the soap, Tommy!
    26. Re:PATENT SOURCE by liquidsin · · Score: 3, Insightful

      Genuinely new business model? Shit, man, I remember renting movies 20 years ago. Let's try this once more for those at the back of the class: BUSINESS METHODS SHOULD NOT BE PATENTABLE. Can I patent renting DVDs out of my mom's basement? How about on a train, or under water maybe? How about bubble wrapping them before I ship them, or accepting food stamps for payment? Why not just patent a method for charging money to rent things and collect royalties on everyone renting movies, power tools, whatever? Just because they use a different way of distributing and billing, doesn't mean they should get a patent on it anymore than Blockbuster should have a patent on renting movies from a store. Patenting business methods kills competition, plain and simple.

      --
      do not read this line twice.
    27. Re:PATENT SOURCE by cheezedawg · · Score: 2, Interesting

      Business methods are *not* patentable.

      Are you sure about that?

      --
      "The defense of freedom requires the advance of freedom" - George W Bush
    28. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      Ummmmmmmmmmmmmm ... late taking the meds today, byteboyz??

    29. Re:PATENT SOURCE by Anomalous+Cowbird · · Score: 1

      "Genuinely new?" In what way? Sorry, but this is without question both "blindingly obvious" and "overly broad," not to mention self-evident to an incredible degree.

      Not "almost-as-bad-as-one-click" but far, far worse . . . .

    30. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      slashdot is so hypocritical. They whine and whine about how unfair corporate america is, and that the small businesses cannot compete against the giants like microsoft, and how evil walmart is coming into your town to put out the ma and pa stores, blah blah blah. But they also oppose the patent system that aims to level the playing field.

      Make up your mind.

    31. Re:PATENT SOURCE by DragonMagic · · Score: 1

      How is an idea to do business novel?

      In that aspect, we might as well have just given patents to the first person who made the third floor in a building, the first person who invented a landing so that stairs take up less room in a building, setting up a business to sell used AND new CDs, etc.

      A novel idea is something that NO ONE would have thought up until shown. A *good* business idea is way different. It's something that would have been done because the necessity to do so was there. Just someone was first out the door with it.

      Netflix's concept is far from new. How many people work in businesses which charge a monthly fee for a service regardless of how often you use it? Internet, tech support, online gaming, etc.? So how is RENTING DVDS any different? All of those have per-play/per-use payments, same as DVD rentals. So why now is Renting DVDs by Monthly Fee, Get As Many As You Want "novel"?

      --

      Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    32. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      The broadest claim of the patent reads: "A method for renting items to customers, the method comprising the
      computer-implemented steps of: receiving one or more item selection criteria
      that indicates one or more items that a customer desires to rent; providing to
      the customer up to a specified number of the one or more items indicated by the
      one or more item selection criteria; and in response to receiving any of the
      items provided to the customer, providing to the customer one or more other
      items indicated by the one or more item selection criteria, wherein a total
      current number of items provided to the customer does not exceed the specified
      number."

      So take from it what you will, the broadest protection Netflix is guaranteed is each and every element of this claim.

      As far as obviousness goes, that can only be determined according to the factual inquiries set forth in Graham v. John Deere, and further is subject to the stipulations represneted here, quoting the Manual of Patanet Examining Procedure:"The rationale to modify or combine the prior art does not have to be expressly stated in
      the prior art; the rationale may be expressly or impliedly contained in the prior art or it
      may be reasoned from knowledge generally available to one of ordinary skill in the art,
      established scientific principles, or legal precedent established by prior case law. In re
      Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988); In re Jones, 958 F.2d 347,
      21 USPQ2d 1941 (Fed. Cir. 1992). See also In re Kotzab, 217 F.3d 1365, 1370, 55
      USPQ2d 1313, 1317 (Fed. Cir. 2000) (setting forth test for implicit teachings); In re Eli
      Lilly & Co., 902 F.2d 943, 14 USPQ2d 1741 (Fed. Cir. 1990) (discussion of reliance
      on legal precedent); In re Nilssen, 851 F.2d 1401, 1403, 7 USPQ2d 1500, 1502 (Fed.
      Cir. 1988) (references do not have to explicitly suggest combining teachings); Ex parte
      Clapp, 227 USPQ 972 (Bd. Pat. App. & Inter. 1985) (examiner must present
      convincing line of reasoning supporting rejection); and Ex parte Levengood, 28
      USPQ2d 1300 (Bd. Pat. App. & Inter. 1993) (reliance on logic and sound scientific
      reasoning)"

    33. Re:PATENT SOURCE by dasuridai · · Score: 1

      What secrets are they keeping that the public will benefit from the exposure of on their patent application?

      The point of a patent is that it is not secret. If a company wanted to keep a secret that is known as a trade secret and is an entirely different matter.

      It's bleeding obvious, and the first time you hear of it...

      The Chinese have a saying that goes something along the lines, 'I have a secret that is worth a fortune, but if I told it to you, you would think it was worthless'

    34. Re:PATENT SOURCE by Craig+Maloney · · Score: 2, Funny

      Work the words "on the web" in there, and you'll not only have a business model, but a guaranteed patent as well.

    35. Re:PATENT SOURCE by Boing · · Score: 1
      Well, that pretty much writes off any small inventor. If you have to pour $X into R&D to get a patent, you've basically walled off a class of innovators from ever bringing their ideas to market.

      I'm more concerned with the small inventors written off because they didn't want to pour $X into DC&H [Dewey, Cheatham, and Howe].

      "The U.S. Patent and Trademark Office (USPTO) strongly recommend that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications." - US PTO FAQ

    36. Re:PATENT SOURCE by kwerle · · Score: 1

      Where's the problem here? Netflix came up with a genuinely new business model, for which they should be rewarded if anybody else wants to hop on the same boat. This isn't a blindingly obvious or overly broad patent like the "user clicks on a link and we sell them stuff" that we've seen before.

      No, netflix didn't come up with a new model. We call this model "membership", and the public library does the same thing for $0/month - just not online. I don't think that adding the word "online" should justify a patent.

      The drive-thru was a similarly revolutionary idea - whoever started it SHOULD have patented it...

      Likewise, I don't think that buying stuff "from you car" is worthy of a patent.

    37. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      The parent? Isn't that your post?

    38. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      Last I read the EU is specifically denying business model patents, no wonder the Euro is beating the dollar.

    39. Re:PATENT SOURCE by twifkak · · Score: 1

      It took R&D to come up with the idea?

      --
      I know you were joking, but I want my Karma, so I'm going to reiterate your post in a serious tone.
    40. Re:PATENT SOURCE by ShadyG · · Score: 1
      Imagine if McDonalds had patented the "drive-thru" method of selling.

      I think In-N-Out would have supplied some prior art on that one.
    41. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      You are aware that these old, out of touch judges are not the ones that award patents, right? Who cares if they think it s revolutionary or not. Unless they work in the patent office it doesnt matter.

    42. Re:PATENT SOURCE by claud9999 · · Score: 1

      IMHO, if you're first to market with a new business model, it should float/sink based on the value of that business model, not based on licensing that model to others. Arguably, Netflix has "floated" on their business model for years already. But if they strongarm the competition with their patents, it'll be a bad trend.

    43. Re:PATENT SOURCE by Tablizer · · Score: 1

      You are aware that these old, out of touch judges are not the ones that award patents,

      No, but they are the ones who deal with challenges to patents.

    44. Re:PATENT SOURCE by Tablizer · · Score: 1

      Well, it seems they are half-letting in "business method" patents. However, business methods are nothing new. The article makes them sound new. Why should using computers instead of people change all that? When methods went from using horses to using cars it did not trigger biz method patents or a push toward them.

    45. Re:PATENT SOURCE by Delphis · · Score: 1

      I think he meant the parent's parent when he reposted :)

      Now it's the parent's parent's parent's parent we're refering to. :>

      --
      Delphis
    46. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      Prior to 1998, the PTO held that business methods were unpatentable. Then they lost a case (to StateStreet Bank) over the denial of a business method patent, with the court ruling that business methods were patentable. Since then the PTO has allowed them.

    47. Re:PATENT SOURCE by joeware · · Score: 1

      MCD couldn't patent the drive thru because supposedly In-n-Out already did it. So did they patent the 2 window drive thru process? Do any of Jack-In-The-Box, Burger King, Wendy's, etc. have a drive thru process that has more than 1 window? I can't remember, been awhile since I ate fast food.

    48. Re:PATENT SOURCE by Moofie · · Score: 1

      Uh, it's called "competition".

      Of course, when it's done by WalMart, it's not just competition, it's product dumping. WalMart is, in many markets, an aggressive monopoly and should be prosecuted as such. Unfortunately, that will never happen.

      However, that does not justify NetFlix patenting an idea. Patents are for mechanisms. Devices. Machines that do stuff.

      Patents are not for ideas, mathematical formulas, or lines of computer code.

      --
      Why yes, I AM a rocket scientist!
    49. Re:PATENT SOURCE by Tablizer · · Score: 1

      Prior to 1998, the PTO held that business methods were unpatentable. Then they lost a case (to StateStreet Bank) over the denial of a business method patent, with the court ruling that business methods were patentable. Since then the PTO has allowed them.

      I cannot believe that nobody stopped them on appeal or something. How come they were banned for 200+ years, and then pop up now?

    50. Re:PATENT SOURCE by Wirr · · Score: 1
      Netflix came up with a genuinely new business model

      No they didn't! The very same business modell is used by a German company - and that for at least as long as I can think (30 years) - only they don't do it with DVDs but Magazines.
      It's mostly doctors and other offices with waiting rooms which are customers, but the process is the same - if you don't return the old magazines you don't get any new.
      Its even more refined in that you can say you want only magazines that haven't been in circulation for say more then 3 month.

    51. Re:PATENT SOURCE by Anonymous Coward · · Score: 0
      So you're OK with a WalMart coming along with all their resources and wiping out NetFlix as soon as they see that a market is there worth taking?

      Yes. This is how the free market has always worked. Patents for "business methods" are very new and not proven to help the economy or innovation.

      If Netflix does not have a government-granted monopoly, their only defense is to continue to innovate. If they don't, Walmart may crush them by providing the same service cheaper/more efficiently...now we have cheaper DVD rentals. Either way, society wins. This is how the free market has self-optimized for centuries, and hungry young entrepreneurs have not exactly lacked incentive during that time. It's the most successful economic system in history, and business method patents throw a wrench right into its core.

    52. Re:PATENT SOURCE by sipy · · Score: 1

      If you are aware of such a video rental store doing exactly this thing, then submit information about it (store name, phone number, how long they've offered this service, etc) to the PTO as evidence of prior art.

      They'll invalidate the patent. (Or at least that portion of the patent.)

      You'll be a hero to millions! (LOL)

    53. Re:PATENT SOURCE by hackstraw · · Score: 1

      I agree completely. However, one thing that noone has mentioned is how easy it is to get around this patent.

      Just charge $0.01 for a late charge.

    54. Re:PATENT SOURCE by nathanh · · Score: 1
      You think you jest... Here in France, the drive-thru didn't exist before McDonalds came, so they called it a "McDrive" and trademarked the name...

      Drive throughs are similar to mouse traps but instead of mice they catch idiots. There's a drive through near my local supermarket (I think it's a Kompletely Fucked Chicken store). The idiots queue for their drive through onto the road, around the corner, and block the entrance to the supermarket car parking lot. This is pretty stupid in itself, but what's more incredible is that you can clearly see through the plate glass windows that there are NO CUSTOMERS inside the damn store. If these nitwits parked their cars and used their legs they'd have their congealed fat blobs... I mean chicken... without having to wait in a line of cars like a bunch of USA wannabes.

    55. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      So, if I understand you correctly, any company out there should be able to take anybody elses idea and try to run a business on it. The company who does the best job wins?

      Hmmm.. Isn't there a company out there that did this very thing in the 1980's and 1990's, and for some reason people around here don't like them very much? I smell a contradiction.

    56. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      Yeah! The fact that Apple and Xerox were the first to the market with a fancy Graphical User Interface should be enough. I'm glad no anti-consumer, anti-free market patents came along to stifle competition here, otherwise we might have a serious monopoly problem with computer operating systems!

    57. Re:PATENT SOURCE by lostchicken · · Score: 1

      I like how in Slashdot-speak, zero replys always means "correct". I'm not challenging you (I have no idea), but I found it funny that I saw your post, saw that there were no replys and said, yup, must be right...

      --
      -twb
    58. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      Imagine if Xerox had patented the GUI. OH WAIT! No Microsoft! That would have been a good thing! I'm so confused!!!!!

      Make up your mind, you freeking slashdot zombie.

    59. Re:PATENT SOURCE by rsheridan6 · · Score: 1
      The mismanagement of Apple and Xerox is legendary. They made some bad decisions and they lost in the market. They DID have an advantage, being first to market, but they fucked it up. So what?

      Maybe you think it would be better if Xerox controlled GUI based OS's? IIRC they didn't even try to make an OS for home users. Or Apple? Then we could deal with a monopoly on proprietary hardware too, and still be paying over $1000 for a cheapo box.

      --
      Don't drop the soap, Tommy!
    60. Re:PATENT SOURCE by rsheridan6 · · Score: 1
      I'm against monopolies, that's all, because they're bad for consumers. Patents grant legal monopolies, which is bad if done excessively. Microsoft has gotten a monopoly by undercutting their competition and then making their products incompatible with everyone elses once they get a large market share. That's bad too, but has little to do with patents.

      I don't see any contradiction.

      --
      Don't drop the soap, Tommy!
    61. Re:PATENT SOURCE by rsheridan6 · · Score: 1

      That's true. You could charge $20/month for a "membership" to your DVD service, and then charge $0.01 for "rentals." Problem solved.

      --
      Don't drop the soap, Tommy!
    62. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      If you mean MS, they did a bad job but made sure to exclude from the mainstream any business that might do a good job.
      Their attack on the free market has set home and office computing back several years.

    63. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      Hey, it works for microsoft....

    64. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      Try to keep up here. The parent is arguing that business models are not patentable because being first to the market should be "enough" and if somebody else takes your business model and puts you out of business with it, its your fault because you ran a crappy business. A patent on your business model would only stifle competition and create a monopoly.

      Go back 20 years. Microsoft takes the business model and IP from IBM/Apple/Xerox and creates a monopoly, even though the parent argues that Microsoft should be allowed to do this to prevent monopolies.

      You catching on yet?

    65. Re:PATENT SOURCE by horza · · Score: 1

      You can't patent business methods in the EU AFAIK.

      You are right, you cannot patent business methods in the EU. Even the new directive being pushed through (EU residents, contact your MEP!) that may allow software patents excludes business methods.

      Phillip.

    66. Re:PATENT SOURCE by Giggle+Stick · · Score: 1

      Can I patent renting DVDs out of my mom's basement? How about on a train, or under water maybe?

      Would you, could you in a box?
      Would you, could you with a fox?

    67. Re:PATENT SOURCE by Anonymous Coward · · Score: 0

      I love this place.

    68. Re:PATENT SOURCE by AyeRoxor! · · Score: 1

      Would you, could you in a box?
      Would you, could you with a fox?


      That's disgusting.

  6. Absurd by securitas · · Score: 4, Interesting

    Why don't I enter a patent for renting or leasing a car for a month?

    Sometimes I wonder who it is they hire to work at the USPTO.

    This appears to amount to patenting an idea, not an invention or method.

    1. Re:Absurd by danheskett · · Score: 1

      Why don't I enter a patent for renting or leasing a car for a month?
      Because that's not new.

      Netflix came up with something genuinely new at the time. Maybe "prior art" exisits - ie - someone out there actually had a service like Netflix where you could rent DVDs without a per disc fee, but if there is, I dont know about it. Anyone with prior art care to provide some backup?

      This type of idea isn't obvious. The obvious thing is to rent DVDs per disc per day per rental etc etc. That's how its always been done. Netflix made up something new.

      That's the whole point of patents: to allow companies who make up something new a few years to recoup startup costs without a horde of knock-offs undercutting them.

      And this isn't an idea per se, its a *method* of rending DVDs. One method is to have a big store and let people pick them off the shelf for a $4 a pop. This is different from that, and therefore, a new method.

    2. Re:Absurd by gradius3 · · Score: 1

      There are positions open at the USPTO. I hear daily about how many /.'s don't have jobs. Well here you go, so you can make a difference. The only way to change the system is do something...

    3. Re:Absurd by securitas · · Score: 2, Interesting


      We'll have to agree to disagree. I understand very clearly what patents are and aren't supposed to protect (even though the -1 Flamebait moderators on the original comment don't seem to ;) ) There are lots of private groups and clubs out there that let users have unlimited use of [insert product here] for a yearly or monthly subscription.

      That doesn't make it a unique business method worthy of a patent.

      I have to disagree with you - it's not a new method. Netflix has taken a very old and common idea and applied to an industry that lacks any imagination, insight and vision. Netflix has commercialized an idea that has been used for many years on a much smaller scale. It's great that people enjoy using Netflix and they've managed to build a viable business out of it.

      But that still doesn't make it worthy of a patent.

    4. Re:Absurd by securitas · · Score: 1


      No, thanks. I'm very happy with my career of choice. And I am doing something - pointing out how absurd this patent and those like it are ;)

    5. Re:Absurd by Tablizer · · Score: 1

      Why don't I enter a patent for renting or leasing a car for a month?

      Because like I said in another message, judges are computer illiterate for the most part, so anything about computers is novel to them.

      However, you gave me an idea to get around the patent: Make DVD's shaped like cars (or squished cars). That way the judge can relate to it and will toss the patent without a long fight.

    6. Re:Absurd by Anonymous Coward · · Score: 0

      Hmmm...can you get a patent on a business model whereby you patent bogus ideas and then attempt to collect...er...extort people into paying you for them? Or even better -- patent the idea of extorting people for using bogus IP you claim to own that was developed by others... Then SCO would be in trouble

    7. Re:Absurd by Anonymous Coward · · Score: 0

      The courts should be blamed not the PTO. They decided that these "business method" patents as well as software ones should be granted

    8. Re:Absurd by SirSlud · · Score: 1

      > That's the whole point of patents

      BZZT. Patents are not for recouping R&D costs. In fact, why patent an idea at all if you want to recoup R&D costs? You'll be the only person *able* to make the thing (because you don't publish your methods and R&D results in a patent), and you get 100% protection.

      But see how useless capitalism is under a patentless model? Nobody would share ideas, very few people would have access to those innovations (patent holders are generally unable to meet the global demand for a new idea) ... and worse yet, those scientific discoveries don't become well documented, opening up the possibility of that innovation not getting passed down and becoming part of the over all technological repretoire of humanity.

      Patents are incentives to *share* ideas. They offer a limited term protection against having your idea used by other people, but thats only because to patent something you *have* to share your discovery or innovation. This is why Netflix' patent (and business methods in general) make no sense - just because something is 'new' to you doesn't mean it isn't sufficiently obvious. If lots of people stand up and go, "Hey, I thought of that 2 years ago sitting on the toilet, and just didn't think it'd make any money," then the innovation should be deemed sufficiently obvious. Otherwise you open the door up to everyone patenting *everything* they think of, on the off chance that *somebody* makes money from that idea down the road. And surprise surprise, thanks to the last 30 years of patent madness, thats exactly whats happening (see, Pan IP.)

      Patents are supposed to protect implementations, not ideas. You can't patent a lawn mower, but you can patent one of the many ways of cutting grass (say, using a laser?) if it hasn't been patented before. You shouldn't be able to patent a DVD subscription service, but you should be able to patent a new technological method in getting that DVD to that house. The only problem is - there are 0 new innnovations in Netflix' subscription service. It is simply an old idea (libraries, anyone?) applied to a different product, making use of technologies (postal mail, etc) that have existed for decades.

      Patents were introduced to encourage scienitists and innovators to share work that wasn't obvious enough for somebody else to duplicate in a clean-room scenario.

      Today, patents have become the 20th century equivilent to the hedge wars or the moon race ... whoever puts up a hedge (or erects a flag) into the soil we've all been staring at for years becomes the automagical owner! It's practically the opposite of a meritocracy. Although I guess its no surprise since there has always been a strong anti-meritoracy subtext to Western culture.

      --
      "Old man yells at systemd"
    9. Re:Absurd by LX.onesizebigger · · Score: 1

      I'm afraid you're violating my patent on a method to convey beliefs to groups of individuals already holding those beliefs, also known as Preaching to the Choir. I'd be willing to settle for the small sum of $your soul

      --
      I for one welcome our new SCOviet Russian overlords to whom all our base are belong.
    10. Re:Absurd by sharkdba · · Score: 1

      Sometimes I wonder who it is they hire to work at the USPTO.

      Back in the days, they patent office used to have Einstein, and the likes on staff. Since he got transfered to Princeton to become a physics professor, things only got worse...

      --
      The purpose of life is to find the purpose of life.
  7. Patent by jrmann1999 · · Score: 5, Funny

    I claim the patent on short articles devoid of detail, royalties must commence immediately.

    1. Re:Patent by Rudeboy777 · · Score: 1

      No kidding - there is more info in the Slashdot writeup than in the linked article! This is a rare case where readers who haven't RTFA are on par with the rest of us.

      --

      From hell's heart I fstab at /dev/hdc

    2. Re:Patent by Geek+of+Tech · · Score: 1
      And I plan to patent the idea of trading objects of value or services for other objects of value or services. Which is almost different than buying something with cash. Really.

      Then I plan to licence my Idea to the world (putting pinky up to mouth) for one-milllllion dollars.

      --
      Stop the Slashdot effect! Don't read the articles!
    3. Re:Patent by Rich0 · · Score: 1

      You can have it. I'll patent posting those same articles the 2nd or subesequent times. More money to be made there...

    4. Re:Patent by Lord_Dweomer · · Score: 1
      "I claim the patent on short articles devoid of detail, royalties must commence immediately."

      So does Slashdot owe double for dupes?

      --
      Buy Steampunk Clothing Online!
  8. Hmmm by devnull17 · · Score: 5, Funny

    You can patent anything! Get on the bus!

    Better do it fast, before someone patents the bus.

    1. Re:Hmmm by jared_hanson · · Score: 4, Funny

      The patent for the bus is rendered useless since I just patented getting on the bus.

      --
      -- Fighting mediocrity one bad post at a time.
    2. Re:Hmmm by stonebeat.org · · Score: 2, Funny

      as i always say "if you patent the patenting business (suing for patent) you will be very rich soon"

    3. Re:Hmmm by notcreative · · Score: 1, Funny

      Spike Lee has prior art.

    4. Re:Hmmm by Anonymous Coward · · Score: 0
      Prior art? i think this is prior art folks:

      Tom Wolfe


      Ken Kesey


      enjoy

    5. Re:Hmmm by Anonymous Coward · · Score: 0

      maybe bangbus.com holds the patent for getting on the bus?

    6. Re:Hmmm by Anonymous Coward · · Score: 1, Funny

      Since when does anything made by Spike Lee count as "art"?

    7. Re:Hmmm by Anonymous Coward · · Score: 0

      Ah... but I hold the patent to drive the bus.

    8. Re:Hmmm by Anonymous Coward · · Score: 0

      Better do it fast, before someone patents the bus.

      I believe this is already covered by my patent on "a novel method of distributed urban population translocation".

    9. Re:Hmmm by Anonymous Coward · · Score: 0
      The patent for the bus is rendered useless since I just patented getting on the bus.
      I wonder if you can now sue Greyhound for using their copyrighted "get on the bus" slogan. I think I'll patent a method for reducing procrastination... and if your suit against Greyhound goes well, then I'll sue Nike for saying "just do it". *big evil grin*
    10. Re:Hmmm by Kintanon · · Score: 1

      Hey! If flinging shit at a picture of the pope is art, then so is Spike Lee! >:)

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
    11. Re:Hmmm by SCY.tSCc. · · Score: 1
      The patent for the bus is rendered useless since I just patented getting on the bus.


      Maybe patenting the patenting process could stop that shit ;-)
  9. I know! by m00nun1t · · Score: 1, Funny

    I'll do a patent on duplicate posts! Anyone know of any prior art?

    1. Re:I know! by Anonymous Coward · · Score: 0

      no

    2. Re:I know! by Anonymous Coward · · Score: 0

      no.

    3. Re:I know! by Karl_Hungus · · Score: 1

      I'll do a patent on duplicate posts! Anyone know of any prior art?

      Sorry, that's been done already. Twice.

    4. Re:I know! by Anonymous Coward · · Score: 0

      no..

    5. Re:I know! by Anonymous Coward · · Score: 0

      no...

    6. Re:I know! by Anonymous Coward · · Score: 0

      no....

    7. Re:I know! by Anonymous Coward · · Score: 0

      I know the rules: no .sig comments, but I have to warn others not to follow the link lest they lose even more faith in this "great" country.

    8. Re:I know! by Anonymous Coward · · Score: 0

      no.....

  10. How broad is this patent? by nurd666 · · Score: 5, Insightful

    Does this patent only cover DVD rentals? I'd hate to see a site like gamefly get hurt over this if the patent is broad enough to include all media rentals with the same scheme.

    1. Re:How broad is this patent? by Karl_Hungus · · Score: 2, Interesting

      if the patent is broad enough to include all media rentals with the same scheme.

      How about books? Netflix sounds a little like the once-common institution of subscription libraries. Someone who knows the history of libraries might be able to dig up some prior art on this. If the only real difference is DVDs instead of books, I don't see how they'd be able to keep the patent.

    2. Re:How broad is this patent? by BuckaBooBob · · Score: 1

      There is alot of prior art on this type of rental system... I don't think this patent will hold anything.

      All your patent are belong to us.

      --
      Who needs WiFi when we can have Packet Over Sheep! http://datacomm.org/PoS-InternetDraft.txt
    3. Re:How broad is this patent? by syberanarchy · · Score: 1

      Does this patent only cover DVD rentals? I'd hate to see a site like gamefly get hurt over this if the patent is broad enough to include all media rentals with the same scheme. Given: Patent does NOT include all media. Then, Step 1: Give patent office a little ringy ding dingy Step 2: ??? Step 3. Profit! ??? = sue Gamefly for infringing my patent.

    4. Re:How broad is this patent? by angle_slam · · Score: 1
      Does this patent only cover DVD rentals?

      Here is a link to the patent. It doesn't cover just DVD rentals. It covers a "method for renting items to customers."

  11. The number 42 by SHEENmaster · · Score: 1

    I just patented it.

    --
    You can't judge a book by the way it wears its hair.
    1. Re:The number 42 by Anonymous Coward · · Score: 0

      i just patented multiplication of numbers..

      i 0wn 6 * 9 !!!!!

  12. i wished we had closed the patent office in 1899 by stonebeat.org · · Score: 3, Funny

    "In 1899, Charles Duell, the director of the US Patent Office, suggested that the government close the office because everything that could be invented had been invented."

  13. Prior Art by jandrese · · Score: 5, Interesting

    Heck, my old Anime club used to do that with Fansubs to get around the "no sale or rent" clause. You paid a fee each semester that allowed you to rent N tapes (the N was based off which membership you got), you could keep the tapes as long as you wanted, although you did have to turn them back in at the end of the semester and you could not have more than N tapes out at once. The fees went into blank tapes and shipping from Japan, the fansubbers did the actual translating and timing for free though.

    --

    I read the internet for the articles.
    1. Re:Prior Art by tnak · · Score: 1

      Bingo!

      I knew the idea was familiar. I was stationed in Bamberg, Germany in the early '80s, just as VCRs were getting popular. A bunch of people (soldiers and spouses of soldiers) got together and formed a company to rent videos. The fee was $12 per month and you could take out 4 (I think)tapes at a time. Keep them as long as you liked but you couldn't get any more until you brought those back.

      Admittedly, that wasn't by mail though.

    2. Re:Prior Art by stonebeat.org · · Score: 1

      there are libraries (for books and other audio media) that do this. you pay a monthly fees, and check out as many books as you want, but only a X number of books can be checked by single person. The only thing that Netflix differently is that they utilize mail.

    3. Re:Prior Art by Anonymous Coward · · Score: 0

      Does the 'US' in 'US Patent Office' not give clue that they don't care what ya got in Canuck-land?

    4. Re:Prior Art by rosie_bhjp · · Score: 1

      I'm willing to bet that some libraries will mail and have mailed things like that for disabled or elderly people.

      --
      A radio maverick jumps to internet only. The Future of Rock n Roll
    5. Re:Prior art by Anonymous Coward · · Score: 0

      In 1999 a friend of mine was so late with his video rentals the store offered to charge him a flat monthly fee for him to have up to x videos out at the same time (I believe it was 3). I forget the name of the store but it was in Oberlin Ohio. The only thing missing is the mailing process. This is yet another one of the dumbest fucking patents.

    6. Re:Prior Art by Shalda · · Score: 1

      Didn't anyone ever tell you? You don't buy beer, you just rent it. Words of advice from my dad.

    7. Re:Prior art by Anonymous Coward · · Score: 0

      Funny how this is "new." Back in 1982 I belonged to a "club" that used exactly this method to get around zoning laws that forbid businesses from renting porn. You pay your $50, walk out with your tape, and return it whenever you like for a modest exchange fee.
      Once again proving porn guides technology. In this case, predating it by a whopping 20 years.


      Damn I would hate to be the guy who has to work at the desk when the returns come in, being all sticky and shit. Yuck.

    8. Re:Prior Art by Eric+Destiny · · Score: 0

      You sir, are gay.

      --

      "The meek shall inherit the earth, the rest of us shall go to the stars." Isaac Asimov

  14. Slashdot - missing the big news by beaverfever · · Score: 2, Funny

    I'm a little surprised /. has yet to report on my patent of the knife, fork and spoon, as used in human food delivery.

    1. Re:Slashdot - missing the big news by mcpkaaos · · Score: 1

      Well, most of us here eat with our hands...

      --
      mcp.kaaos

      --
      It goes from God, to Jerry, to me.
  15. Tomorrow's Headline by Remik · · Score: 5, Insightful

    Walmart To Buy NetFlix.

    They've succeeded in making themselves worth buying, kudos.

    -R

    1. Re:Tomorrow's Headline by MyHair · · Score: 1

      Um, then a huge megabillion dollar corporation with lots of lawyers own the patent. (Assuming WalMart buys them.) I'm not sure that's an improvement.

    2. Re:Tomorrow's Headline by elemental23 · · Score: 1

      That's rather the point, isn't it? Before the patent, Walmart may have seen Netflix as something to be crushed by their own service. Result: Netflix goes out of business, money lost. But now that they've got this patent, Walmart may be interested in buying them to get to the IP. Result: Netflix execs retire wealthy.

      Note that the original poster didn't say this was a good thing for anyone other than Netflix.

      --
      I like my women like my coffee... pale and bitter.
  16. You know... by Spytap · · Score: 2, Insightful

    Seriously, fuck Wal-Mart for trying to copy someone else's idea and expect to get rich off of it again. I feel about as bad about this as when I was told AOL/Time-Warner lost 90 Billion last year.
    I love Netflix for the way they revolutionized my DVD viewing, and will hence-forth be very protective of them.

    1. Re:You know... by Dynastar454 · · Score: 4, Insightful

      +5? Good god. What are the mods smoking? Even though NetFlix is sort of cool- I used to be a member, but have moved on to "greener" pastures- and they did have a good idea, why should this be patentable? Being able to patent "Do X, only on the internet" is about as stupid as can be. What if it had been possible to patent "Do X"? Would you all be happy if Blockbuster had a patent on movie rentals? Alamo on car rentals? Or, perhaps, Expedia on "Buying airline tickets... on the internet!" As others have said, unlimited-time-out rentals are not a new idea, either, so they really are doing this based of off "... on the internet".

      --


      Laugh at stupidity: mod idiots +1 Funny.
    2. Re:You know... by Cheetahfeathers · · Score: 1

      You may have moved to them, but will they be around much longer now that netflix has this patent? Let's hope it's struck down.

  17. So when did by Ice+Tiger · · Score: 2, Funny

    The USPO become a US legal work creation scheme, there can be no benefit to mankind by granting some of these patents with obvios prior art unless of course the part of mankind you want to benfit happens to be called lawyers.

    --
    "Because we are not employing at entry level, offshoring will kill our industry stone dead."
    1. Re:So when did by AyeRoxor! · · Score: 1, Troll

      "The USPO become a US legal work creation scheme"

      What does the Post office have to do with it?

    2. Re:So when did by aborchers · · Score: 1
      there can be no benefit to mankind by granting some of these patents with obvios prior art unless of course the part of mankind you want to benfit happens to be called lawyers.


      Where is the obvious prior art?

      Seriously, I've been trying to think of some. I think it's disgusting that this sort of patent gets awarded, but I've not yet thought of prior art and apparently the USPTO didn't either.

      --
      Trouble making decisions? Just flip for it.
    3. Re:So when did by Anonymous Coward · · Score: 0

      Since when has homo canonicus been considered part of mankind?

    4. Re:So when did by letxa2000 · · Score: 1
      Where is the obvious prior art?

      There doesn't have to be prior art if the "invention" is obvious or trivial to someone knowledgeable in the field. There might not be prior art for Netflix, but it can hardly be claimed that a small modification to a standard rental scheme is not obvious.

      Heck, it's a public library but for a fee and applying to DVDs. Public libraries let you take the books, but usually with some maximum at the same time, and you have to return them before you can get more. What is so "non-obvious" about the Netflix idea?

    5. Re:So when did by aborchers · · Score: 1

      You are correct, of course, but the poster didn't attack the patent based on obviousness, but on prior art.

      The public library as an example seems pretty sound to me, except for the Internet and mail order components, which I assume are part of the patent.

      --
      Trouble making decisions? Just flip for it.
    6. Re:So when did by letxa2000 · · Score: 1
      The public library as an example seems pretty sound to me, except for the Internet and mail order components, which I assume are part of the patent.

      Well right, but are we to believe that every idea that is just slightly different than a current one is worthy of a patent? Just because this is conducted via Internet/mail order rather than walking into a library doesn't seem to me to be fundamentally different.

      It doesn't seem any more different than operating an online store that takes orders over the Internet and ships them via the mail system rather than a traditional walk-in store. And as far as I know no-one tried to patent the "online store" method of doing business. What makes this method of renting DVDs so different than the "online store" method of selling product such that the Netflix "method" is patentable whereas the "online store" apparently is not (based on the fact that no-one pays patent licensing fees to run an online store).

    7. Re:So when did by aborchers · · Score: 1
      Well right, but are we to believe that every idea that is just slightly different than a current one is worthy of a patent?


      That certainly wouldn't be my position. This whole business of obvious business + internet = patentable idea is infuriating to me also. I'm just trying to fathom the justification for award of these patents.
      --
      Trouble making decisions? Just flip for it.
    8. Re:So when did by Ice+Tiger · · Score: 1

      It was meant to be a little rant on how patents get awarded for something that differs by a piddling amount from something else, and the standard response from the USPTO is to say let the courts sort it out. Thus keeping food on lawyers tables etc.

      --
      "Because we are not employing at entry level, offshoring will kill our industry stone dead."
  18. omg! by CowBovNeal · · Score: 5, Funny

    somebody actually beat amazon.com to a patent?!

    I bet there's an earthquake occuring somewhere.

    --
    Bush is on fire and its not good for my lungs.
    1. Re:omg! by bob670 · · Score: 1

      This probably violates Amazon's patent on patenting mundane stuff so they can sue, look out Netflix.

    2. Re:omg! by geniusj · · Score: 1

      s/amazon.com/IBM/g

    3. Re:omg! by Lord_Dweomer · · Score: 1
      "somebody actually beat amazon.com to a patent?!"

      Never fear, Bezos has patented the act of patenting something before Amazon has, and thus gets licensing fees from every other patent in existence.

      --
      Buy Steampunk Clothing Online!
  19. Lending by Jad+LaFields · · Score: 2, Funny

    I'm going to patent the idea of letting someone I know and trust use something for a short time for no cost, and if they don't give it back in that time, giving them some more time if like them or beating them up if I don't.

    I'll call it "lending" or "borrowing"

    --
    [SIG] It's like putting a moose in the blender -- a recipe for disaster!
  20. What other DVD rental services should I consider? by abischof · · Score: 4, Informative

    So, I guess that means Netflix is crossed off my list. Does anyone have another DVD rental service to recommend? (assuming that this other company can survive despite the patent.)

    I recently heard about GreenCine and they seem interesting. It's $21.95/month, but they have "over 10,000 titles, with an accent on indie, art house, classics, foreign, documentary, anime and Asian cinema."

    I sought a second opinion and found this extensive review of DVD rental services at Stark Raving Normal. The guy seemed to like them: "GreenCine is my current favorite DVD rental service. The customer service people have been great, they have the best selection of anime that I have seen from a DVD rental place, lots of cult movies, sci-fi, horror, indie films, foreign cinema, and even a cool little online community of San Francisco movie geeks."

    I don't work for GreenCine, but they're probably towards the top of my list at the moment. And, it doesn't hurt either that some of their profits go to film arts organizations.

    --

    Alex Bischoff
    HTML/CSS coder for hire

  21. What about people who were already doing this? by Anonymous Coward · · Score: 0

    Are sites like Xrent DVD and Wanted List treding on IP now?

  22. Patent text and more info by bjschrock · · Score: 5, Informative

    Here's some more info: Netflix Issued Patent on Subscription Rental Service and complete copy of the patent (PDF). You can also search for patent # 6584450 on the US Patent office website.

    1. Re:Patent text and more info by Znonymous+Coward · · Score: 1

      You are infringing on my Karma Whoring patent.

      C U N court!!!11

      --

      Karma: The shiznight, mostly because I am the Drizzle.

  23. Patent will be challenged. by siskbc · · Score: 5, Insightful
    While it may be a BS patent, it's nice to see a large corporation get screwed by a patent for once.

    Expect Wal-mart to fucking bend Netflix over. I get your "pull for the little man" thing. On the other hand, I'm glad a relatively large company (Netflix) finally pulled this patent crap against a company that's actually going to challenge the patent, as opposed to a mom-and-pop who can't fight back.

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:Patent will be challenged. by dnoyeb · · Score: 2, Interesting

      Sorry, wrong answer. Expect Wal-mart to go on about its business gladly ignoring the patent. Why should they care? It's not like netflix wants to waste years of their life and tons of money trying to enforce against *Walmart*.

      No, expect them to go on happily. However, expect Walmart to be the first to inform netflix of any *other* infringements that are indeed sueable.

      Infact Netflix may just cut a free deal with walmart so as not to look like they are scared of the Giant. That would certainly be in walmarts interest in case Netflix gets bought out by a sue happy holdings company.

    2. Re:Patent will be challenged. by EggMan2000 · · Score: 1

      They can just swap. Walmart has some great inventory management IP that I am assuming is patented. They will probably just reach an arraingment. (er arrangement) to share some of their IP.

      By the way NetFlix has a bit of a niche. They concede the new releases, and big blockbuster stuff, and concentrate on breadth of films.

      --
      what? what I thought we were in the trust tree in the nest, were we not?
    3. Re:Patent will be challenged. by cmdr_beeftaco · · Score: 1

      Expect Walmart to start changing an annual or weekly or bi-monthly or some other form of bullshit.

  24. Patentable by stanmann · · Score: 4, Insightful

    Well, I have to say that it is a non-obvious business practice. Otherwise video stores would have tried it years ago. I'm not sure they should have patented it, but it is definitely a useful implementation. Of course the mailorder/internet thing makes it functional...


    I don't think there is anything resembling prior art, and for most of us, it was kindof a WOW! epiphany/paradigm shift thing.

    --
    Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    1. Re:Patentable by TopShelf · · Score: 1

      You fool, this is /. - patents are to be ridiculed at all times!

      Seriously, though, you're right - this seems to me to be a perfectly valid case for a patent, and hopefully they get a nice licensing fee from WalMart for the opportunity to compete with NetFlix.

      --
      Stop by my site where I write about ERP systems & more
    2. Re:Patentable by Chris+Burke · · Score: 1

      I'm not so sure it isn't obvious; I think most video stores would avoid the plan due to the lack of late fee income even if they thought of it. I'd be willing to bet that there was a small video store somewhere that had a similar method.

      --

      The enemies of Democracy are
    3. Re:Patentable by Xerithane · · Score: 3, Interesting

      Well, I have to say that it is a non-obvious business practice.

      Non-obvious... I've seen a few places that use similar models. Usually it's $0.50 rentals with a monthly fee. A lot of import rentals (Taping foreign shows for rental) do things like this.

      Otherwise video stores would have tried it years ago. I'm not sure they should have patented it, but it is definitely a useful implementation.

      Some video stores do it. And have been doing it for over a decade... Just go to import video stores and check them out. A big part of why they have membership fees is to continue to buy blank tapes to record the television shows on.

      --
      Dacels Jewelers can't be trusted.
    4. Re:Patentable by Rocketboy · · Score: 1
      Otherwise video stores would have tried it years ago.

      And so they did. Perhaps you are young but 20-odd years ago, before every grocery store had video rentals and before Blockbuster and it's ilk drove the corner mom & pop video rental places out of business, almost all of the places I rented videos from did exactly the same thing. You paid a membership fee which allowed you to check out n videos at a time. You kept them as long as you liked and, once you had n videos out, couldn't get more until you brought some back. Of course, they also rented them by the day, etc. for walk-ins who didn't want to pony up for a "membership" fee.

      Even earlier, when video stores first began to dot the landscape, you had to pay a "membership" fee just to rent videos. That only lasted a couple of years: too many places figured out that they could rent more videos (and collect more late fees than memberships brought in,) by not forcing people to pay a bogus fee before they could rent. Lots of schemes were tried to keep the membership fee (discount rentals, keep them an extra day, etc.) but the fees disappeared fairly quickly all the same.

      I have no idea how Netflix managed to patent an idea Ma and Pa Kettle were using (and trying variations on) more than two decades ago, but then that's what I'm beginning to expect out of big government: big incompetance. Apparently they don't let patent examiners get out much: do they just pack them in big white boxes at quitting time, or are they now using shiny aluminum tubes?

      Rb

    5. Re:Patentable by starburst · · Score: 1

      The company I work for has been doing this with spoken word audio cassettes for more than 25 years. Our customers pay a rate (ours is an annual subscription from 1 to 36 cassettes at a time) based on how many cassettes they want at a time, there are no late fees, and we send new cassettes as they return old ones.

      I'd say we have prior art in a few of the areas they are claiming.

    6. Re:Patentable by rossjudson · · Score: 1

      There's exactly one reason why this wasn't done before. DVDs can be mailed. Their form factor permits it. That's the only reason. Well, that and the fact that Blockbuster and the other companies loved charging $4 per rental. All NetFlix has done is shift around the cost model a bit.

      Yet another bullshit patent. These should be laughed out of court.

    7. Re:Patentable by stanmann · · Score: 1

      You know, you are the first person who has come up with a credible example of prior art, although you haven't explained what you do if you are out of the cassette they want, unless you just create new ones based on demand, and re-use those in less demand. Assume you own copyright on the words spoken on the audio tape.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    8. Re:Patentable by Anonymous Coward · · Score: 0

      Not really considering I was a member of a small group that was trying to raise capital to do this type of business when DVD rentals came to market. But, we couldn't convince backers that DVD rentals would be able to edge out VHS rentals in any kind or realistic time frame for payback.

      In fact, I'd say that if NetFlix and us were the only ones that had this kind of idea then the world is coming to an end.

      The fact that you can patent a business model is truely messed up! There are no legitimate grounds for being able to patent a business model that I have seen yet. Speak up if you know of one.

    9. Re:Patentable by mibus · · Score: 1
      Well, I have to say that it is a non-obvious business practice.

      Um, dude... it's like a public library, but you have to pay membership.

      Yeah it's a cool idea... but certainly not worth a patent. (Then again, so many patents mentioned here aren't...)

    10. Re:Patentable by Anonymous Coward · · Score: 0

      You guys need to read the patent. None of the examples you're pointing out constitute prior art, because they are sufficiently different from the NetFlix patent.

    11. Re:Patentable by Reziac · · Score: 1

      But video stores DID used to do this. I don't know if any still do it, but back around 1983, when I got my first VCR, it was common to buy a "club membership" that worked a lot like netflix (except that you still had a time limit, albeit extended, on how long you could keep tapes). You could queue up your want list, set priorities, etc. Of course in that ancient era it was all recorded on file cards instead of on a computer, but why should that make it unique?

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  25. Love or Hate? by Cpt_Kirks · · Score: 0, Troll

    Since this is /., do we love or hate Netflix? Did it just change?

    I can never keep up...

    1. Re:Love or Hate? by eddy · · Score: 1

      Let's see... We boycott DVDs because of the region-coding and we don't like idiotic business-process patents, so yes, I think we hate them.

      --
      Belief is the currency of delusion.
    2. Re:Love or Hate? by notque · · Score: 1

      I think you've forgotten that this is Tuesday.

      How do you expect us to stay together in our wrath if you don't read the newsletter?

      --
      http://use.perl.org
  26. Too late... by Anonymous Coward · · Score: 0

    You can patent anything! Get on the bus!

    Unfortunately I can't because that has already been patented and I'd have to license it from SCO; the inventors of God, the atom and thought.

  27. Does this save them from Wal-Mart? by MrZeebo · · Score: 1
    Since Wal-Mart recently announced they were entering this market as well, will this patent help keep the competition level? Wal-Mart has a lot of money and is known for pushing smaller business out of the way when they want to. I'm all for Wal-Mart entering this market -- competition is good -- but not if it means that in 2 years' time they'll have a monopoly themselves.

    Patents aren't always good, but maybe this one will help do what patents were intended for, protect businesses that come up with innovative ideas. Hmm... novel idea :)

    1. Re:Does this save them from Wal-Mart? by Anonymous Coward · · Score: 1, Insightful

      The part I don't understand is why you jackoffs find it a bad idea that a large corporation would patent an idea, aside from this situation. If a corporation is the first with an idea, how come it suddenly stinks, simply cause they already have money? It's the same reason people switch music and start calling names, and putting music groups down because they sell out. Oh, we're not the only ones listening to it anymore, oh no, it's not cool. They sold out. It's not alternative anymore. Get on with your lives. Either you like something or you don't.

  28. Blockbuster and WalMart say "Ouch!" by Anonymous Coward · · Score: 0

    Hehe, I feel for Blockbuster and WalMart that just started similar programs. Ok, so really I don't have a drop of empathy. Go Netflix - make 'em bleed!

  29. Starting a betting pool by gorbachev · · Score: 1

    When's the lawsuit against Walmart going to be filed?

    I'll put down 7/15/2003.

    Proletariat of the world, unite to kill the US Patent Office

    --
    In Soviet Russia, I ruled you
  30. But... but... by Anonymous Coward · · Score: 0

    Doesn't SCO already has a patent on such a system? It has to be a violation of their IP somewhere!

  31. BackDoor ... by SuperDuG · · Score: 2, Funny
    Get this ... I've got a patent pending ... but I'll letcha in on what it's about ...

    You rent an item for a set amount of time with a set price.

    If you return the item in the time alotted then everything is great. If not you're given a late fee.

    It's BRILLIANT!!!!!

    Libraries, Movies, Equipment, you all owe me royalties now!!!

    I don't get how you can patent a management style or business action. It would be nice if Uncle Sam would start to realize that them there computers on the desk ain't too hard to use. Maybe even somebody can connect one to the internet (of course by paying royalties to Al Gore) and cruise around.

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
  32. I think by CowBovNeal · · Score: 1

    The USPTO needs a patent for itself.
    What's the patent about?

    All our brains are not belong to us.

    --
    Bush is on fire and its not good for my lungs.
    1. Re:I think by TedCheshireAcad · · Score: 1

      I should apply for a patent for 'a system under which ideas and inventions are protected under law such that the original inventor retains rights to said idea or item for a specified period of time'.

      there it is, the self-referential patent.

    2. Re:I think by juan2074 · · Score: 1

      Yeah, ideally the original inventor retains the rights. But nowadays, patents are granted to people who invent nothing (merely to force others to pay them royalties) and patent rights can be sold to other companies or individuals who do absolutely nothing to innovate anything or advance science.

    3. Re:I think by Rich0 · · Score: 1

      I'm all for patent reform, but I don't see why they shouldn't be able to be bought and sold.

      Suppose you come up with a new RAM chip design. Something totally revolutionary - could be worth hundreds of millions.

      You would just patent it and sell it to Micron or some other chipmaker. Now you can retire.

      If you can't sell it now you have to raise capital to build a fabrication plant, distribution channels, hire an engineering team to make your vision a reality, etc. The patent would expire while you're still trying to figure out how to file quarterly reports with the SEC...

  33. Good for netflix by Superwraith · · Score: 0

    If any litigation happens because of their patent, I hope netflix wins.. Wal-mart is getting way to fucking big, and we all know how big companies with large amounts of capital like to do to their employees and other competition. As for Blockbuster I hope they go bankrupt, fuck you and your goddamned late fees, oh and this 12 noon video return shit is absolutly wrong... I will never set foot in a Blockbuster (aka BillBuster) again!

    Sorry for the rant, but it got to the point where I was paying $20 a month in late fees because blockbuster had this 12pm return policy and generally I do not get up until past 12pm.

    1. Re:Good for netflix by Anonymous Coward · · Score: 0

      So return them the night before, you dumb dick.

  34. The Netflix scam is more like it by Ars-Fartsica · · Score: 1, Interesting

    Take the yearly fee you pay to Netflix and divide it by number of videos you actually watch. Most people are probably paying $15 to rent a movie. What a great scam! Oh, but you can keep it sitting on your shelf for a month!

    1. Re:The Netflix scam is more like it by jridley · · Score: 1

      If that's true for you, then you shouldn't be using Netflix. I'm not sure how it's a "scam" when they tell you the scoop, and you agree to it, and what they said is exactly what happens.

      I'm a Netflix user, and I'm turning 20 movies a month for my $20, and have been for the 3 months I've been using them. Of course, they'd probably just as soon I went away, they CAN'T be making money on me.

    2. Re:The Netflix scam is more like it by angle_slam · · Score: 1
      Right. It's not a scam because you know everything in advance. I don't rent 20 movies per month, but I can easily rent 6-10 per month, even though I only watch on weekends. That's $3.33 to $2.00 per rental. Not only is it cheaper than Blockbuster, but I get a better selection.

      If it's cheap you want, try your public library. Mine has a decent selection of new movies, and the rental is free.

    3. Re:The Netflix scam is more like it by Anonymous Coward · · Score: 0

      This is not a flame. But checking out movies (or any other material) from a library is not free. Your tax money was used to buy those movies. It's more cost effective than blockbuster (as the cost of the movie was divided amoung all the other people working in your city), but it's not free.

    4. Re:The Netflix scam is more like it by jridley · · Score: 1

      There's no additional cost. You've paid for it already, might as well use it.

  35. Re:i wished we had closed the patent office in 189 by Conspiracy_Of_Doves · · Score: 5, Informative

    Umm, actually he never said that

  36. No Bad Patent should be protected... by cnelzie · · Score: 2, Insightful

    ...no matter if it was done by a large corporation or a small corporation or some Joe Schmoe living in a trailer park.

    Sure, Netflix provides a new and rather unique system of DVD Rentals, but it isn't really a NEW Idea. There has been years upon years of renting things for a period of time...

    Such as Home or Apartment Rentals. Anyone ever rent an apartment before? How about rent (lease) and automobile from a car dealership?

    This patent should be destroyed as quickly as possible and whoever passed this patent in the USPTO needs to be hung up by their toes for a few weeks.

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
    1. Re:No Bad Patent should be protected... by stanmann · · Score: 1

      But it isn't renting one car, it is renting X items of type x for X per period, having a queue, and upon confirmed return of one item another item from the queue is "rented".

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    2. Re:No Bad Patent should be protected... by sql*kitten · · Score: 1

      Such as Home or Apartment Rentals. Anyone ever rent an apartment before?

      Yeah, but this is like paying your landlord the rent and being able to move between any of the apartments he owns, whenever you feel like it. Not quite the same thing at all. I don't think you can even do that sort of deal with a hotel.

    3. Re:No Bad Patent should be protected... by jridley · · Score: 1

      Do you know a place that lets me pay $300 a month for a car rental, and come in whenever I feel like it and trade cars?

      Also a $800 a month apartment rental that let me just move around wherever I wanted to when an apartment was available would be nice. Move out of the city during the hot summer months, into town when school started, to the old hometown for December with family, etc.

    4. Re:No Bad Patent should be protected... by Jad+LaFields · · Score: 1

      But in each of those cases there are late fees. It's more as if you paid a certain amount each year and you were given a new car which you could return whenever you wanted to get a new one.

      Maybe it's not revolutionary, but it's a pretty smart, novel concept.

      --
      [SIG] It's like putting a moose in the blender -- a recipe for disaster!
    5. Re:No Bad Patent should be protected... by workindev · · Score: 1

      Sure, Netflix provides a new and rather unique system of DVD Rentals, but it isn't really a NEW Idea. There has been years upon years of renting things for a period of time
      Fortunately Netflix didn't apply for a patent on "renting things". They applied for a patent on a unique and specific method of renting things. They came up with a new system of renting out movies that had never been done before and they executed on it to make it successful. Why shouldn't they be granted a patent for this idea?

      And I don't know how you managed to bring apartments and car leases into a discussion about DVD rentals.

    6. Re:No Bad Patent should be protected... by Elwood+P+Dowd · · Score: 1

      Just in case you were serious about your desire for a sub $300 car rental service where you trade cars, check out City Car Share. They're local to San Francisco, and they're not a flat fee, but they're a hell of a lot less than $300/month. $10/month + $3.50/hour when you actually have a car. And $.37/mile. It's a great deal if you really need a car about once or twice a month.

      --

      There are no trails. There are no trees out here.
  37. Fine By Me... by superdan2k · · Score: 1

    I'd prefer it if business model patents were of shorter duration. NetFlix is great, but with Walmart trying to muscle in on the action, I'm sure that NetFlix was starting to sweat a bit. This gives NetFlix the time it deserves to profit from its efforts.

    Honestly, a start-up like NetFlix deserves to have its business model protected for ~5 years, so that it can get on its feet, establish its brand recognition and not get crushed under the MicrosoftOfRetail, WalMart.

    --
    blog |
  38. Good or Bad - for what by msheppard · · Score: 5, Interesting

    I'm not sure if this is good or bad. On the one hand, I applaud netflix for protecting a buisness model they invented, or at least they were the first to implement and sink a lot of capital into.

    But this gives them a monopoly. If they have the patent on a business, they have the monopoly and can stop everyone else from competeing.

    A lot of the eTailers are trying to patent things that in effect would give them a similar monopolistic control over entire ways of doing business (oneClick etc...), these are definatly bad.

    So I guess after reasoning this out, it's bad. It gives NetFlix an unfair control over a business model. There will be no competition, and they can raise the price to any level they see fit. So instead of you and me getting a service like this for $5 a month, becuase that's just a little bit more than it costs to make it happen, we will be forced to pay $25 or more becuase no-one is allowed to compete with NetFlix.

    BTW: I'm a netflix user and love it. I think the system is great. I'd love some competition to drive the price way down.

    M@

    --
    Krispy Cream is people
    1. Re:Good or Bad - for what by jefeweiss · · Score: 1

      Basically that's what a patent does. It gives you a monopoly for a certain period of time. This encourages innovation, because if you come up with a new idea you can make money off of it for that time period. Personally, I think the whole idea of patenting a business model is retarded. And I apologize in advance to anyone who is retarded who reads this. They really don't deserve to be compared to the idea.

    2. Re:Good or Bad - for what by Luscious868 · · Score: 1

      Netflix will never have a monopoly. If they start charging too high a rate then people can always get off their lazy butts and go to the video store or order it via pay-per-view.

    3. Re:Good or Bad - for what by regen · · Score: 1

      But you are assuming that the market will bare any price. This isn't something you need like food or water. If the price rises too much, people will not use netflix. The will go down to the local video store and rent individual dvds, the cost will be cheaper since netflix has raised their price too much.

    4. Re:Good or Bad - for what by Anonymous Coward · · Score: 0

      They are patenting a simple way to deliver Rented DVDs. Their competitors are Blockbuster and the likes. Granted, blockbuster could not patent say having the cashier hand you your movie (delivering) to you after you pay, but i still think that competition and capitalism should not be the focus of discussion

    5. Re:Good or Bad - for what by chiph · · Score: 1

      But this gives them a monopoly. If they have the patent on a business, they have the monopoly and can stop everyone else from competeing

      I think the assumption that everyone is making is that NetFlix will use their patent to prevent competitors from entering their market space. If the folks at NetFlix are smart, they will license their patent to WalMart at a price that both parties agree on.

      Chip H.

    6. Re:Good or Bad - for what by derch · · Score: 1

      If they have the patent on a business, they have the monopoly and can stop everyone else from competeing.

      That's the whole point of a patent. You develop something unique, you have the exclusive right to sell it for a limited amount of time. This way you can recoup develop, marketing, and consumer education costs, and a bigger business can't sink you by stealing your idea and work.

      You seem to forget that Netflix has competition. They compete with local video stores. Netflix can't use the patent to close your corner video store. Like most businesses in the US, their price is dictated by what the market will bear.

      I'd love some competition to drive the price way down.

      But the price going way down means Netflix would start loosing money and eventually close shop.

    7. Re:Good or Bad - for what by Anonymous Coward · · Score: 0

      and they can raise the price to any level they see fit

      Not true. They still have to compete with brick and mortar. They can't raise the price so much that it will be cheaper to go to your local Blockbuster to get a movie, thus driving their customer into the arms of the competition.

    8. Re:Good or Bad - for what by pod · · Score: 1

      The bad part is that this NetFlix patent is just the same old 'on the internet' trick.

      For those too young to remember, before Blockbuster came along you had video rental clubs. You paid a membership fee which let you borrow a certain number of videos, and you could keep them for as long as you wanted (or for a certain fairly long term). If you wanted to rent more, you'd return some of the ones you had. This model was eventually driven out by the far more profitable rental fee+late fee per item model we're so familiar with now.

      --
      "Hot lesbian witches! It's fucking genius!"
    9. Re:Good or Bad - for what by Anonymous Coward · · Score: 0

      It is rediculous to patent business models. The point of a patent is to encourage people to invest in new technologies. People will invent new business models regardless of what the patent office has to say. Businesses have to invent new business models just to remain competitive.

  39. Just another example... by plj · · Score: 2

    ...of the absurd U.S. patent system. And now we here in EU are gonna get something similar. Great indeed.

    --
    “Wait for Hurd if you want something real” –Linus
  40. Maybe FTD.COM can patent their new system! by GMontag · · Score: 1, Insightful

    Oh yes, there is hope after all.

    The FTD.COM system:

    1. Take order.

    2. Jam in a second choice for crap nobody wants.

    3. Pretend to deliver second choice crap.

    4. Deliver the second choice crap the next day.

    5. Profit!

    Oh yes, no refunds either, but they will gladly deliver more crap you did not want to order as a consolation gift.

    Details here (several journal entries cover it).

    BTW, the DVD system sounds suspiciously like renting a car with unlimited mileage. Not sure if this counts as "prior art" or not, however the rental patent certainly counts as stupid.

  41. Re:What other DVD rental services should I conside by jefeweiss · · Score: 1

    Except for the fact that they are probably all going to be sued too. Because they charge a flat monthly fee. Muhuhuhahahahahahha. I've got dibs on a system where I charge a yearly fee.

  42. Good for them by squiggleslash · · Score: 4, Insightful
    It's an original business method, and one that presumably takes a lot of time, effort, and money to implement. It's not something most of us would have just thought of as an obvious solution to a problem we were encountering.

    If we're going to allow Business Methods to be patentable (and that's a seperate conversation) then this is definitely an example of something that ought to be.

    --
    You are not alone. This is not normal. None of this is normal.
    1. Re:Good for them by schon · · Score: 1

      It's an original business method

      Read some of the comments - it's not original.

      one that presumably takes a lot of time, effort, and money to implement

      Ahem - so what?

      A patent isn't supposed to guarantee you a return on your implementation - if someone else decided to implement this, they'd have to spend the exact same amount on implementation as Netflix.

      Only they would also have to pay Netflix - and receive *nothing* in return.

      How does that "promote the science and the useful arts", exactly?

    2. Re:Good for them by Anonymous Coward · · Score: 0
      Your comment really hit it for me. Patents were created to encourage people to share ideas. With a patent, you can tell everyone how you did something without having to compete with your own ideas. With out patents everyone would keep inventions secret and we'd have a lot of duplicated effort. At least that's the idea.

      How would Netflicks keep this secret? There's no way a patent here helps promote anything, but profits.

    3. Re:Good for them by MyHair · · Score: 1

      It's not something most of us would have just thought of as an obvious solution to a problem we were encountering.

      Do you buy your internet service by the byte? Do you pay for your telephone by the call? Is your local library supported with per-book, per-cd and per-dvd borrowing taxes?

      I don't see how people can say this is nonobvious. I'd call you trolls, but there are many of you and you're being modded to +5 insightful and interesting so a lot of people seem to agree.

      What makes this busines model possible on this scale is the durability of DVDs. This wouldn't have worked well with tape media due to customers' machines tearing up their tapes and the environmental changes during shipping contributing to early wear-out. Plus tapes are bulkier and more expensive to ship. (I'm fairly sure "prerecorded" DVD media is cheaper to manufacture than prerecorded VHS tapes, but I'm not sure this savings is passed on to NetFlix. It's certainly not passed on to me as a DVD purchaser.)

    4. Re:Good for them by squiggleslash · · Score: 2, Interesting
      (It is an original idea. I don't know of any flat rate rent-by-mail thing in existance, arguing it's the same as previous ideas simply because it has flat-rate somewhere in the model is ludicrous. Franhoffer's codec just involves doing various operations involving additions, multiplications, powers, etc, too, but nobody would argue that the use of simple technologies means that it's not a complex invention.)
      A patent isn't supposed to guarantee you a return on your implementation - if someone else decided to implement this, they'd have to spend the exact same amount on implementation as Netflix.
      No, they wouldn't. To begin with they wouldn't be implementing a new and risky idea, they'd be implementing an existing successful design. Netflix didn't have that advantage, they had to invent the model, tune it, create market awareness of the concept, and prove its ability to succeed.

      Any further than this and we get into a discussion about the ethics of Business Model patents, and I'm sorry but I made it absolutely clear in my original comment that my comments were in the context of BMs being legal. If you want to discuss how developing a business concept, trialing it, risking revenues, etc, to prove it can be done and made workable is less deserving of patentability than the equivalent technological-cum-business acts, then that's a seperate issue and worthy of discussion. But saying Netflix has done nothing, invented nothing, and that Wal*Mart is not gaining from their investments by cloning the model is clearly wrong and, dare I say it, a deliberately blinked exaggeration to try and justify something strongly felt.

      At the end of the day, this is neither the "Nothing new was invented" situation slashdotters have generally characterized it as - if Netflix hadn't done what it's done to make the model viable, do you think Wal*Mart would be doing this? - and nor is it an example of how bad patents have become - a business model is just that. There are many, many, ways to get a product to market most of which are methods that have been in place for centuries and will never be patentable. Wal*Mart should have no problem providing new and interesting ways of distributing DVDs, many of which will compete directly with Netflix without stealing their ideas. Meanwhile, consumers have little to be concerned about, 100 identical DVD rental services will never be better than 100 different ways of getting DVDs (or whatever.)

      Wal*Mart doesn't have to be a leech.

      --
      You are not alone. This is not normal. None of this is normal.
    5. Re:Good for them by squiggleslash · · Score: 1
      So because you can find the word "flat rate" in the idea, it's obvious and there's lots of prior art?

      You know, I've seen an implementation of the MP3 codec that uses an add instruction. I assume that means the thing's obvious and there's lots of prior art there too?

      I do hope Intel doesn't have any patents regarding the Pentium. After all, the damned thing's made of silicon, and people have been making silicon chips for years!

      Come on, please. At least demonstrate to me that you can imagine someone else thinking of, believing to be viable, and demonstrating the idea. How many commercially viable libraries-by-mail do you know of?

      And, BTW, yeah, I've lived in places where I paid for phone calls by the minute.

      --
      You are not alone. This is not normal. None of this is normal.
    6. Re:Good for them by Tsu+Dho+Nimh · · Score: 2, Insightful
      "I don't know of any flat rate rent-by-mail thing in existance" (snip) "There are many, many, ways to get a product to market most of which are methods that have been in place for centuries and will never be patentable."

      A couple of centuries? "Subscription libraries" have been in existance since at least the 1750s (and were apparently still in existance in the 1950s). After the post office was invented, they delivered books to the subscribers by mail. It's the same marketing plan as used by NetFlix ... you signed up, paid, and could check out and return as many books as you could read.

  43. Patent Madness!! by Benjim · · Score: 1

    This is typically an example of why process patents and software patents are not worth a dime!! I hire a TV, and that is paied monthly. Does that mean they could patent that also? Why not stop there, why not with anything rented for a monthly period; phones, cars anything!! Read Richard Stallman's Talk on Patents

  44. fetchaflick by Triv · · Score: 3, Informative

    In New York City a company called "Fetch-a-flick" allows you to order DVDs online. They deliver within an hour, you keep the movie for 3-5 days, put it in the supplied envelope and drop it in a mailbox (or leave it with your doorman). All for 4 bucks each. I'd love to do business with netflix but the last thing I need is another monthly charge, and fetchaflick quenches the impulse renting urge. If you live in Manhattan check 'em out - I highly recommend them. (Caveat: their delivery area isn't huge) Fetchaflick.

    No, I don't work for them, I'm just really happy with their services.

  45. Re:i wished we had closed the patent office in 189 by XorNand · · Score: 1

    This is an oft repeated fallacy.

    --
    Entrepreneur : (noun), French for "unemployed"
  46. Probably not a lot by Ice+Tiger · · Score: 1

    Maybe the USPTO. DOH!

    --
    "Because we are not employing at entry level, offshoring will kill our industry stone dead."
    1. Re:Probably not a lot by Anonymous Coward · · Score: 0

      :P I'm a bastard and I know it.
      And I'm okay with that :)

  47. What about the opposite? by Anonymous Coward · · Score: 1, Funny

    Does that mean I can patent renting DVD's for a limited time and charging late fees?

    I didn't really know that business processes could be patented.

    1. Re:What about the opposite? by MImeKillEr · · Score: 1

      Probably. Given the fact that the USPTO is staffed by a bunch of clueless dolts, you'd likely get it approved.

      Hurry! You're losing revenue from Blockbuster!!

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
  48. Pay up or else... by Anonymous Coward · · Score: 0

    Attention /. editors: I have patented weblogs. Please send your royalty payment in the amount of $$1,200,000 to...

  49. Damned patent zombies by donutz · · Score: 1

    Looks like those undead zombies working at the patent office will approve anything!

  50. Re:i wished we had closed the patent office in 189 by XorNand · · Score: 1

    Damn! (Note to self: improve typing speed)

    --
    Entrepreneur : (noun), French for "unemployed"
  51. Not with my patent, you won't! by Anonymous Coward · · Score: 0

    > Get on the bus!

    Please do - paying me, of course, due to my patent on efficient mass transportation of people (for a small fee) via large, uncomfortable vehicle.

    Of course, you may think that this can't be patented because the passenger plane was already patented but - get this - *my* new idea is that this form of transportation is ON THE GROUND!

  52. Re:Other patents... FTD.CON by GMontag · · Score: 1

    Sorry, I should have posted this under your post to begin with.

    Sounds like these DVD guys are not quite as slick as FTD.COM, since you actually got *something resembling what you ordered*, at least for a little while.

  53. Call me ignorant.. by MImeKillEr · · Score: 4, Interesting

    ... (waits for everyone to respond calling me ingnorant...)

    but is it even possible / should it even be possible to get a patent for a business model? If so, why hasn't the RIAA patented the process in place for screwing its artist & the general public, while pulling the wool over the eyes of lawmakers? Why hasn't SCO patented the process for going after more-successful companies in order to keep themselves afloat?

    --
    Cruising the internet on my TI-99/4A @ a whopping 300 baud!
    1. Re:Call me ignorant.. by Remik · · Score: 3, Informative

      The rationale behind patents is that creators need a reason to create, and if anyone can steal their idea once they've created it, they probably won't bother.

      This logic is flawed as applied to business process patents, as this one is. Business processes will always be created because the business has an inherent motivation, increased profit, and does not need the increased motive of monopoly protect to jump-start their creation.

      This issue was highlighted in Larry Lessig's 'The Future of Ideas' on a section regarding Amazon's One-click patent, and Steve Job's comments that they would have developed the technology in any event, even if it wouldn't have been patentable.

      The idea that businesses need any other motivation than the desire to keep themselves afloat is hogwash, but it's what the entire recent history of the US Patent process is based on.

      -R

    2. Re:Call me ignorant.. by HopeUnknown · · Score: 1
      Hillary Rosen and SCO can eat my balls.

      Be careful what you wish for!

    3. Re:Call me ignorant.. by odin53 · · Score: 2, Interesting

      The rationale behind patents is that creators need a reason to create, and if anyone can steal their idea once they've created it, they probably won't bother.

      See, this is the misconception that makes people miss the boat, if I read you correctly. The rationale isn't that creators need a reason to create, and patent protection gives them that reason. This implies that without patent protection, we would have no innovation. That's certainly not true, because a certain amount of ANY patentable inventions will always be created regardless of the amount of protection an inventor gets. This is true of business processes, compounds, drugs, mechanical things, new life forms, etc. The point of patent protection (and IP protection in general) is to incentivize an incremental amount of innovation over what would exist without it -- economically, up to the point where the marginal cost of added IP protection equals the marginal increase of innovation.

      Thus, IP laws try to form a delicate balance to encourage a certain amount of extra innovation. Lately, we've seen this balance completely ignored by certain parties -- see the DMCA, the Sonny Bono copyright extension act, etc. -- who seem to use an entirely different basis to justify the laws' existence (for example, the "sweat of the brow" argument, or even just a misguided attempt to "propertize" further IP). But normally, a balance should exist.

      With respect to business method patents, there's certainly an argument to be made that business methods should be allowed. Our economy is increasingly based on more sophisticated revenue generators than making and selling widgets. We have certainly benefited from this fact, and the economy has certainly expanded because of it. Knowing this, and knowing that there was probably a bit of room in IP law to expand protection without destroying the economy, it made sense to extend patent protection to business methods because the incremental benefit probably exceeded the cost to society of the protection. And so it goes.

      Look at it this way: there are a LOT of patented business methods out there (it's now the most popular kind of invention to get protected). Yet, notwithstanding the dot-com bubble-burst, do you honestly think that the economy has regressed? No one would argue that; most would argue that the economy has indeed expanded. Sure, there are instances of patent litigation or threats that seem outrageous; they probably are outrageous, and evidence a hole or a rough spot in IP law that needs to be fixed. But on the whole, having patent protection for business methods as a concept has probably helped society.

      Now, certainly, with lawmakers and judges out there that seem to think the DMCA and Sonny Bono are good, reasonable things, patent protection for business methods may get out of hand. That would be a very bad thing to happen. But that doesn't mean IP law is bad, or in particular business methods shouldn't get protection.

  54. Not McDonald's by Anonymous Coward · · Score: 0

    McDonald's wasn't the first to have a drive through, there would've been prior art. That honor goes to In-n-Out burger, if their own advertising is to be believed.

    But yes, they would've been granted a patent if it had been invented in the last 10 years rather than the 1940s.

  55. nah by abhisarda · · Score: 2, Funny

    That patent's already taken. Too late.

    SCO has the rights to that one.

  56. Re:What other DVD rental services should I conside by aborchers · · Score: 2, Insightful

    Just a thought: if Netflix successfully defends this patent, you will still be paying them if you rent from anyone using their business method.

    --
    Trouble making decisions? Just flip for it.
  57. Patent This! by killmeplease · · Score: 0

    I have new patent.

    I recently learned that filling my lungs with air is refreshing and good for relaxation. I should patent this idea of breathing so I can make truck loads of cash off of all the people that breath air.

    --
    - Kill Yourself, spare us all! -
  58. The Ultimate Patent (tm) (r) (c) by gorbachev · · Score: 1

    I'm going to patent the act of inhaling and exhaling gazes using organic devices.

    Proletariat of the world, unite to kill the US Patent Office

    --
    In Soviet Russia, I ruled you
  59. Patent THIS! by youaredan · · Score: 1

    World domination by patents: Patent existence... or better yet, patent life... then once (inevitably) approved - declare the entire planet in your debt. Being that some people are poor an could possibly not be able to pay the $234,345,453,343 price per instanciation of this particular patent, you could always accept souls ("Souls excepted here!!!" ... "For everything else, there's your soul"). ... I should patent that idea

    --
    -Digital Extremist // digitale
  60. I hate those darn capitolist!!! by Anonymous Coward · · Score: 0

    Start a new company and get a patent on it. After all competition is an evil thing.

    I'm gonna get a pattent on scratching my balls. If I catch anyone of you infringing on my patent I will sue you for everything you have!!!

  61. Awesome by Microsift · · Score: 2, Insightful

    NetFlix thought of something that no one else (at least that I am aware of) thought of. They invested a lot of capital in to making this idea work, and just as it starts to get a critical mass, Wal-Mart comes in and tries to run them out of business.

    This is precisely why we have patents! To reward innovation.

    --
    My other sig is extremely clever...
    1. Re:Awesome by micq · · Score: 1

      NetFlix thought of something that no one else (at least that I am aware of) thought of. They invested a lot of capital in to making this idea work, and just as it starts to get a critical mass, Wal-Mart comes in and tries to run them out of business.

      This idea has been around long before Netflix. I seem to remember a company that advertised in GamePro magazine and the like, back when AOL was just a BBS, that offered this same type of thing, monthly fee, renting of games. Of course, credibility is shot to hell because I can't remember the name, or anything specific... oh well. I don't see this as anything new.

    2. Re:Awesome by wurp · · Score: 2, Insightful

      Re-read the constitution. Patents are there to promote progress, not to reward anything.

      The question is, would they have done this if it hadn't been patentable? If so, it shouldn't be patentable. If they would have done it anyway, then the patent isn't promoting progress.

    3. Re:Awesome by schon · · Score: 1

      The question is, would they have done this if it hadn't been patentable?

      <sarcasm>
      Of course not - why would a businessman come up with an idea to make himself lots and lots money if he couldn't stop someone else from copying him.
      </sarcasm>

    4. Re:Awesome by MrWa · · Score: 1
      This is precisely why we have patents! To reward innovation.

      I thought patents were meant to reward inventions, not innovations...

    5. Re:Awesome by Anonymous Coward · · Score: 0

      In 1999 Campus Video of Oberlin Ohio arranged with a friend of mine to charge him a flat monthly fee for him to keep a certain number of videos (I believe 3) out at the same time. The only thing missing is mailing. Big fucking innovation on the part of NetFlix.

    6. Re:Awesome by Anonymous Coward · · Score: 0

      Totally agree. It seems once someone comes up with a new idea and spends the time and money to get it working, so big-wig corporation (aka Walmart) comes in a tries to put the inventor out of business.
      People cry over patents, but if you spent time and money to get an idea to market, you wouldn't want everyone copying off of you once you proved it to be a viable idea.
      Too many people want to give stuff away for free, where did all the entrepreneurs go?

    7. Re:Awesome by f0rt0r · · Score: 1

      I haven't read the article, but I want to plug that I used Netflix for about a year and really liked their service. They bent over backwards in several cases to make sure I was a satisfied customer. I stopped using them when I had pretty much seen every movie I wanted too. Most likely I will sign up with them again in the near future.

      Oh, and not having to return movies by a certain date was a godsend for me. I have a busy schedule and would often be out of town on short notice business call when a movie was due, and pay out the yin-yang for past due fees. With Netflix I never had to worry about that. Three cheers for innovation!

      --
      I can't afford a sig!
  62. Not such a bad idea... by jazman · · Score: 1

    Actually this doesn't seem like such a bad idea.
    The *AA suck, ok, so let's all patent just about anything you can do with anything they produce (don't forget the key phrase "implemented on a computer" to stop people going "huh? that's just a business process").

    Then when they try to do anything with anything they produce, they can be sued out of existence.

  63. Re:What other DVD rental services should I conside by NetGuruFL · · Score: 2, Informative

    IMO, there really are no alternatives to the service Netflix can provide. Specfically their ratings and recommendations model. While there are cheaper services, like Wal-Mart and DVD Avenue, Netflix's recommendation system makes them work the extra few dollars a month.

    They claim over 13,000 titles (though I suspect disc sets are broken up to get this figure), and I have only personally rated about 1,100. Thats a heck of a lot of titles I haven't been exposed to, and Netflix makes it easier to find stuff that would interest me.

    Unless Amazon.com gets into the DVD Rental business, Netflix simply has no competition, in my book.

  64. What the hell? by TWX · · Score: 1

    I think that it's about time to call or write to my congressman, to trash on the USPTO.

    Patenting Devices/Physical Things - Acceptable

    Patenting Software Processes - Not great, but understandable why there would be interest. Implementation needs to be changed.

    Patenting worldly operations - WTF?! Nothing machine is involved here. Wasn't a patent designed to cover an invention?

    Software patents suck as they are implemented, but if the software at least exists, is available due to vendor's interest in making their money on selling their implementation rather than raking anyone else over the coals without making a product themselves, I'll live with it. It's part of a machine, functioning code. This complete and utter bullshit about patenting a business practice is an abomination, and makes a mockery of the entire reason that we have a patent system, which is to protect inventors. I do not look upon business transactions as something that would fit this, even if someone 'invented' the idea.

    --
    Do not look into laser with remaining eye.
  65. Business patents are wholly unneccesary by ctellefsen · · Score: 1
    The entire point of patents is to make sure new stuff gets made. New business processes (like this one) will be made anyway, patents or no patents, since it gives an immediate competitive advantage to your company.

    Therefore, business processes should not be patentable. I am glad the EU sees it that way, at least. Let's hope the EU can make the US see the light, though I won't hold my breath...

  66. Worst. Patent. Ever.

    Who the hell is the USPTO hiring these days?

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  67. I have it! by robbo · · Score: 1

    Today I will submit my patent application for a method of bending down on to one knee and tying one's shoe. I'll be sure to include all the variations of knots one can tie, and also methods for re-lacing the shoe should the laces come loose. Then all your base are belong to me.

    1. Patent common sense
    2. ??
    3. Profit!!

    But seriously, business process patents are a strange animal and my shoe-tying patent suffers from a lot of prior art. If no one's done it before, you can patent it, even if it's patently obvious. ;-)

    --
    So long, and thanks for all the Phish
    1. Re:I have it! by Lemmeoutada+Collecti · · Score: 1

      I see problems with Patenting Common Sense:

      1) Not enough Royalties to Profit!! since obviousl;y most people do not use it.
      2) I think it's already patented... did you hire a bunch of lawyers to research that?

      The one thing Common Sense is not is common.

      --

      You can have it fast, accurate, or pretty. Pick any 2.
  68. There is prior art! by axxackall · · Score: 1
    If you will ignore the difference between DVD and PDF than you can find a prior art case in O'Reilly Safary.

    --

    Less is more !
    1. Re:There is prior art! by stanmann · · Score: 1

      two differences, the queue can be larger than your "bookshelf". I think the queue is the truly innovative part, everything else is just a DVD subscription library. the ability to autoqueue stuff makes it new and different.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    2. Re:There is prior art! by Anonymous Coward · · Score: 0

      Nope, this isn't prior art. Patents are narrow. This bookstore is materially different from the NetFlix system. Frankly I doubt that anyone here could come up with an existing business model that conflicts with the specifics of the NetFlix patent. And that's the point: it hasn't been done before, it's novel, and it's specific.

  69. Patent anything! by genkael · · Score: 1

    I've already patented getting on a bus. You owe me a quarter.

    --
    GeneralKael -- Slacker Extraordinaire
  70. Little change will happen from this... by twivel · · Score: 1

    While this may be used to keep competition down, it will have very little impact on price. If you do the math, netflix is only good for those who watch many movies - and not so useful for those who sit on them. Basically, they won't be able to increase the price much because of this.

    I enjoyed netflix for a while. Quite a cool service, the information they store on their site about the movies is invaluable. Not to mention the rental queue, rental history and other interesting data.

    I watched more movies for a couple months, but I found it's hard to keep up the pace necessary to get my money's worth over more than a few months.

    One thing that always bugged me about their advertising though: Netflix claims "no late fees". So what would you call that $20/month subscription if you sit on three tapes and never watch them?

    1. Re:Little change will happen from this... by bmetzler · · Score: 1
      So what would you call that $20/month subscription if you sit on three tapes and never watch them?

      Maybe a usage fee? It is not a late fee, because you have no deadlone to return them.

      -Brent
    2. Re:Little change will happen from this... by Anonymous Coward · · Score: 0

      One thing that always bugged me about their advertising though: Netflix claims "no late fees". So what would you call that $20/month subscription if you sit on three tapes and never watch them?

      Let's call them: "Your own damn fault for continuing to pay for the service you're not using."

      What are you, fucking retarded?

  71. I know! by Anonymous Coward · · Score: 0

    I'll do a patent on duplicate posts! Anyone know of any prior art?

  72. My latest venture by Anonymous Coward · · Score: 0

    1) Steal all underpants
    2) ????
    3) Profit!

    I just got a patent for ????

    Anyone making any profit, please provide 99% of the proceeds to me. BTW, you can keep the 1% as profit. Thank for shopping with us!

  73. I just filed a patent titled: by Newer+Guy · · Score: 1

    I just filed a patent titled: "System for Insuring Uninterrupted Habitation of Rented Domicile for a Specific Period of Time". My patent application describes a method whereby a person, couple of family can insure uninterrupted habitation of their rented domicile for a mutually agreed upon amount of time. A modified version of this system codifies certain enhancements such as who pays for trash pickup and gardening at the domicile. I believe that my system is sufficently different from Netflix's, as theirs describes a DVD, while mine describes a domicile. (In other words, we both patented the LEASE, just for two different things).

  74. Re:What other DVD rental services should I conside by bongoras · · Score: 1

    I was just reading the reviews of other sites at Start Raving Normal and the sad thing is, most of these services will dissapear now. I'm pretty sure that's not what the patent system is designed to accomplish.

  75. I have just patented Toilet Use by T40+Dude · · Score: 1



    <ECODE> http://www.urinbiz.com/order/thronepage.html <ECODE>

    All patent royalties to be transferred through my paypal account.

  76. Make up your mind by khef · · Score: 2, Interesting

    Why do half the posts support Netflix, because this gives them the chance to oppose Walmart and Blockbuster? Patenting a business model is a Bad Thing, but it's okay if it could potentially hurt a company you don't like or deem too powerful? The hypocrisy in this offends me. Make up your damn minds -- do you want fair and judicious patents, or do you want to continue to have them used as weapons, as long as you support the one holding them?

  77. Blockbuster too by Anonymous Coward · · Score: 0

    Blockbuster just started a program that even their employees say 'is exactly like netflix'.

    1. Re:Blockbuster too by Anonymous Coward · · Score: 0

      Except for the online part.

  78. A peek at future fees. by MushMouth · · Score: 3, Interesting

    Notice in the flowchart on the first page of the pdf that a bunch of people linked to there is a box for surcharges if you turn over too many vids.

  79. Re:i wished we had closed the patent office in 189 by Anonymous Coward · · Score: 0

    Oh man, the mods are going to have a 'Redundant' field day with you!

  80. CmdrTaco Infringes on a Patent by Betelgeuse · · Score: 2, Funny

    Dear Mr. Taco,

    I represent the Metropolitan Transportation Authority and I must insist that you immediately cease and desist your use of the phrase "Get on the bus!", which is patented by my client under US Patent #2032987. I will expect all references to such phrase to be removed from your site by 12:00 AM GMT on June 25, 2003.

    Thank you for your cooperation.

    --
    I couldn't tell if you were experimenting with poor-man's cryogenics or looking for the orange sherbet.
  81. What does this patent do to "promote progress"? by Anonymous Coward · · Score: 0

    Patents are supposed to be a reward for disclosing inventions. When the "invention" is perfectly visible, and there's nothing to disclose, patents should not be granted.

  82. Sears by Quill_28 · · Score: 1

    I think though not sure that Sears was one of the first companies to put price tags on wares and would never go down in price.

    There was no negotiating for pricing take it or leave it. This was quite new and revolutionary at the time.

    I wonder if Sears could have patented that idea back then if the patent office was as questionable then as it is today?

    Or maybe it was JCPenney...

    1. Re:Sears by panurge · · Score: 3, Informative

      No, the price tag was actually invented by members of the Religious Society of Friends (Quakers.) Quaker businessmen disapproved of negotiated pricing, which they saw as in some ways akin to gambling. The price ticket was invented to make a statement about honest business practices. And they would not have patented it, not only because it would be contrary to their beliefs but because, in Europe and the UK, you cannot patent a business method.

      --
      Panurge has posted for the last time. Thanks for the positive moderations.
  83. Fun with Business Model Patents by Anonymous Coward · · Score: 0

    by combining them with blocking patents. Here's how you do it. Wait until the next campain finance legistlation is in the pipeline, guess how the political parties will try to get around the new legislation, and file blocking patents on those techniques. Imagine the consternation this would cause in the RNC and DNC.

  84. mod parent up by nacturation · · Score: 1

    Good catch on the future fees!

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  85. Get off the bus! by crashnbur · · Score: 2, Interesting
    According to Title 35 (Patents) of the US Code, not just anything is patentable. In fact, only inventions and processes defined here are patentable. Further, there are specific instances when an invention or process is not patentable.

    For a general overview of what constitutes patentability, see Part II of Title 35.

    I hereby revoke CmdrTaco's previous statement, "You can patent anything!"

    1. Re:Get off the bus! by zenyu · · Score: 2, Insightful

      According to Title 35 (Patents) of the US Code, not just anything is patentable. In fact, only inventions and processes defined here are patentable. Further, there are specific instances when an invention or process is not patentable.

      The problem is none of these are enforced. It's easy cheesy to patent something that has been in the public domain for hundreds of years. Perhaps those patents aren't valid, but defending against an invalid patent claim takes millions. You independently "invent" thousands upon thousands of patented ideas every time you write a program. If there weren't a general truce and distain for patents in the field we would in an even bigger mess. The business world will be in a similar morass in a few years now that business practice patents have been validated, except I imagine 90% of MBA's would kill the goose that lays the golden eggs if hungry for some poultry.

      God help anyone starting a business now in the developed world, well unless it is a legal firm with patents on the partner system for IP cross licensing.

    2. Re:Get off the bus! by Anonymous Coward · · Score: 0

      1. It says, basically, anything useful can be patented.

      2. The "you can't patent it," is basically about prior art, which is moot when the USPTO either refuses or is inept at doing it's job.

      3. We both know, as stupid as Taco is, that "anything" was not a universal instansiation in that context.

  86. maybe walmart can make change happen? by CBackSlash · · Score: 2, Interesting
    what if walmart decides this patent is stupid.

    they've got awfully deep pockets and can afford a prolonged fight.

    and what if through their public fight, they caused enough outrage through middle (and lower) america to get the politicians to start thinking about PTO change.

    maybe everyone should start lobbying their local store manager to get walmart to fight the good fight.

  87. patent on patents! by Anonymous Coward · · Score: 0

    dude. i should patent the act of patenting. that'll show em all. i'll sue microsoft and ibm and amazon and walmart and netflix and sco and all of em. it'll be great.

    think there's any prior art? think it matters?

  88. Hasn't blockbuster been doing this for years by rsilvergun · · Score: 1

    It seems to me long before netflicks blockbuster was selling passes for unliminted game rentals.

    Still, even if that's not the case, let me just chime in on how stupid this whole mess is. I mean, what the heck's the point of protecting business methods with patents? If someone comes up with a profitable business model, they're gonna have to share it with the rest of the world to make money off it. Why would they need patent protection to encourage them to do this? More than anything else this crap shows the patent system has ceased being about encouraging the free exchange of ideas, and become a cash cow for bloated robber barrons.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  89. patents by bendsley · · Score: 1

    You know, I think I'm going to patent the male hardon, that way, when all of you have sex (which I'm assuming most of you do, in one way or another), you will all owe me money.

    This whole patent thing is getting out of hand, no pun intended.

    --
    Alcohol & calculus don't mix. Never drink & derive.
  90. Parent isn't "Funny," it's "Insightful." by thdexter · · Score: 1

    The only inventions made after that point were just improvements or changes to existing inventions. The US would be a lot better off if we had government-sponsored research with the fruits of that research sold or licensed at the cost or slightly above the cost of research.

    --
    I'm on a road shaped like a figure eight; I'm going nowhere but I'm guaranteed to be late.
    1. Re:Parent isn't "Funny," it's "Insightful." by Fascist+Christ · · Score: 1

      Helter skelter now give me shelter.

      --
      TodayTM BillyJoelTM GoogleTMd for StitchTMes due to WindowsTM while RollerbladeTMing with an AppleTM and a PopsicleTM
    2. Re:Parent isn't "Funny," it's "Insightful." by angle_slam · · Score: 1
      The only inventions made after that point were just improvements or changes to existing inventions.

      Every invention since 1899 is an improvement to an existing invention? What century were you born in? Off the top of my head, I can think of things like lasers, transistors, integrated circuits, refrigeration, computers, televisions, radios, color photography, digital photography, video tape recorders, audio tape recorders, compact disc, dvd, microwave ovens, flat cooktops, garage door openers, velcro, public-key crytpography, basketballs with a built in air pump, and millions of other inventions. Do you honestly think those were all just improvements on things that were in existence in 1899?

    3. Re:Parent isn't "Funny," it's "Insightful." by thdexter · · Score: 1

      here's some info about the legitimacy of the quote to begin with.

      Maybe 1899 as an arbitrary year is bad, but Edison created both the phonograph and the nickelodeon (though the Lumiere brothers did the latter as well in France). I'd say alternate methods of doing things would count as variations on an invention (LCDs, plasma screens, CRTs instead of projection). Compact discs are descendents of records; instead of pits and grooves they have bits. Digital photography isn't very different from analog photography, except, again, bits instead of embossed light onto film. There's been some innovation, but is it worthy of patent?

      --
      I'm on a road shaped like a figure eight; I'm going nowhere but I'm guaranteed to be late.
    4. Re:Parent isn't "Funny," it's "Insightful." by angle_slam · · Score: 1
      Compact discs are descendents of records; instead of pits and grooves they have bits.

      You can't be serious.

  91. My new patent application by Anonymous Coward · · Score: 0

    I intend on submitting an application for ....

    A method of entering a building by any means of locomotion and providing paper, with pictures made of ink displayed upon it, in exchange for items contained within, but not exclusively contained within, the building.

  92. New Patent by SphynxSR · · Score: 1

    Can I patent the Rental of DVD's for 28 day or 32 days. This way it is new model that is not a month?

    --

    I don't suffer from insanity, I enjoy every minute of it.
  93. GAMES ?!?! by kscguru · · Score: 1
    From the patent itself (via uspto web site):

    30. A method as recited in claim 16, wherein:

    the one or more items are one or more games,

    the one or more item selection criteria are one or more game selection criteria,

    (emphasis added)

    Is Netflix going to get into the game rental business?

    I just might be willing to forgive them (they still gotta renounce the patent, though).

    --

    A witty [sig] proves nothing. --Voltaire

  94. Prior art? by rsheridan6 · · Score: 1

    Surely at least ONE of the 12395812340958 mom and pop video stores that have existed since the early '80s has done subscriptions..

    --
    Don't drop the soap, Tommy!
  95. How is this even legally possible? by cenobita · · Score: 2, Interesting

    I find this *really* disappointing...and rather questionable.

    A quote from one of Netflix stockholders mentions:

    "For the near term, this provides a way for them to defend against competition."

    So now, companies like the ever-wonderful Greencine.com (which I use and love), can no longer legally continue as they have been. Netflix patent will either push them out of business entirely, or they will be dependent on Netflix as a result of the aforementioned patent.

    How is this not a monopoly?

    Maybe I don't understand something glaringly obvious about the nature of a business monopoly, but it seems to me that this is exactly what Netflix will become. While I think it's obvious to all of us that video rentals have been around for a long time, the 'net is an entirely new medium for distribution. Obviously, charging per-rental via the 'net isn't economical for the consumer *or* the rental company, so a subscription model seems the best route to go. It just seems beyond ridiculous to me to allow a patent like this, though. A subscription model just plays out as common sense, but is it really something that can be patented?

    Utterly ridiculous, blatantly obvious, and ultimately pathetic. I'll be especially pissed if it means that Greencine goes away, since it's allowed us to stop patronizing Blockbuster and support a company we actually believe in. I'm not sure what's worse: watching Netflix try to push out the smaller online rental stores or watching Blockbuster essentially decimate mom-n-pop video stores. Looks like i'll have to start trekking out to SE Portland and renting at Movie Madness.

    1. Re:How is this even legally possible? by Remik · · Score: 1

      Patents ARE a monopoly. They are a temporary, legal monopoly granted by the government as a reward for the work done by the patent holder toward progess of science and useful arts. The rationale behind patents is that creators need a reason to create, and if anyone can steal their idea once they've created it, they probably won't bother.

      This logic is flawed as applied to business process patents, as this one is. Business processes will always be created because the business has an inherent motivation, increased profit, and does not need the increased motive of monopoly protect to jump-start their creation.

      This issue was highlighted in Larry Lessig's 'The Future of Ideas' on a section regarding Amazon's One-click patent, and Steve Job's comments that they would have developed the technology in any event, even if it wouldn't have been patentable.

      -R

    2. Re:How is this even legally possible? by Insurgent2 · · Score: 1

      Actually the reason for the patent process *is* to grant a temporary monopoly on the invention for a short period of time. The idea was to give the inventor incentive and time to bring his invention to the rest of the world. That being said, I've never seen where it was intended to cover a method of doing business. It should only apply to a manufacturing method.

    3. Re:How is this even legally possible? by cenobita · · Score: 1

      Given the changes in the marketplace since the idea of patents came into play, it sounds like the overall practice of how they're implemented and why, seems a little anachronistic. I'd say this applies to a large percentage of laws and business practices, though; virtually none of them have adapted to take differences between traditional distribution and via the 'net into account. I freely admit my naivete concerning all of this, but from a basic standpoint, it appears that this lack of adaptation and change creates a large number of near-criminal loopholes for these pricks to jump through.

      I'll have to read "The Future of Ideas", though. I've heard of it at least a couple times before, and it sounds like interesting reading.

  96. Please take this on the road good sir by Anonymous Coward · · Score: 0

    Now, I thought I was reading a simple article about patent laws and dvd rentals. And here I come across this thread of epic mirth. Somehow you have single-handedly crafted a finely-tuned piece fun-joy from what was a rather mundane topic. I just have to page my boss back to the office to see this! Gather round the water cooler old salts and let me spin a comedic yarn I saw this day on Slashdot. DVD rentals and a patent on it being exclusive to Netflix? Well sir, someone set you up the bomb. You have taken that bomb, added Walmart into the mix and exploded laugh-shrapnel into Slashdot proper. I couldn't even scroll down without getting struck in the eye with a piece of your fun-bomb. Mods, mod this man's excursion into the comedy arena as +5 StopItHurts. Here we sit, emotionally spent and basking in the aftermath of your comedic genius. Thank you kind sir, thank you.

  97. DVDHype by TheTomcat · · Score: 1

    DVDHype in Canada (here in Montreal, actually) has the same business model.

    I subscribed to them for a while, but they had some systems trouble, and emailed their entire customer base (IN THE TO: FIELD!), about the issues.

    I replied (to their entire customer base) with something like "I can't believe you just emailed my email address to all of your customer. Unsubscribe me immediately."

    10 or so others followed suit.

    I don't miss it.
    (-:

    S

  98. To Whom It May Concern by Multiple+Sanchez · · Score: 1

    Pursuent to U. S. Patent #105092830.41b, in which the Patent Owner (hereafter referred to as ME) explicitly describes the process of punching a second party (hereafter referred to as YOU) in the nose really really hard, you may not duplicate any such action once it has been demonstrated. Or we sue you to tears. We mean it. God Bless America.

    Yours in Pugilatory Preamble,

    ME.

  99. Re:Other patents...german bread by Anonymous Coward · · Score: 5, Funny

    Start reporting them as stollen. ..........How is german bread going to help? If you start telling people that their DVDs have turned into german bread, they'll think you're mad.

  100. That's it! I'm patenting Libraries! by lobsterGun · · Score: 1

    Is it just me, or did Netflix just patent the private online library.

    You pay a membership fee. You can only check out only a few 'books' at a time month. To get 'books' that are in high demand, you may have to wait on a waiting list.

    Doesn't sound terribly innovative to me.

  101. New patent idea by dcorbin · · Score: 0, Redundant

    I'm going to patent the idea of getting lots of stupid patents as a way to be make it rich.

    Sure, there's prior art for this "business innovation", but that hasn't mattered to the PTO for a long time now.

    --
    David Corbin Promote Freedom - American Liberty Foundation
    1. Re:New patent idea by pecosdave · · Score: 1

      I think Amazon beat you to it......

      --
      The preceding post was not a Slashvertisement.
  102. Explicit by Tablizer · · Score: 1

    A law should be passed that explicitly bans patents on "business processes" and "goals". It seems these slip thru because the patent office focuses so much on details that they miss really vague claims in the same patent. We cannot rely on their vigilance, so we need explicit laws.

  103. Interesting patent process you Americans have... by cheezfreek · · Score: 1
    I had no idea anything like this was patentable. But, since things like this apparently are, I have a method of locomotion that involves the placement of feet in front of...damn, I should really keep this to myself or someone else is going to apply first.

    To quote Chef from South Park: "Everybody in the pool!"

  104. Prior Art by ShieldW0lf · · Score: 1

    Has existed in Canada for a long time at the Superstore. You pay $15/20/25 a month and are allowed 1/2/3 out at any one time.

    Oh, and how about the library?

    Lets open a library, but make people pay by the month. Great idea... get a patent.

    Fucking idiots.

    --
    -1 Uncomfortable Truth
  105. Don't know about that by siskbc · · Score: 2, Insightful
    Sorry, wrong answer. Expect Wal-mart to go on about its business gladly ignoring the patent. Why should they care? It's not like netflix wants to waste years of their life and tons of money trying to enforce against *Walmart*.

    Damn, you're a snide little shit. Actually, I wouldn't expect Walmart to invest hundreds of millions of dollars into a business that can be shut down quickly with a court order. They may license the patent or they may fight it, but ignoring it isn't likely. Especially with the treble damages that would potentially exist for a patent of this profile, as claiming to have not seen the patent isn't an option.

    For the exact reasons you claim, netflix is likely to cave, since they DONT want to fight walmart. But once Walmart has large amounts of cash invested in this, they can't walk away from a settlement without committing financial suicide, giving strong leverage to netflix. So expect any action to occur before walmart rolls their operation.

    Get it?

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:Don't know about that by Anonymous Coward · · Score: 0

      But once Walmart has large amounts of cash invested in this, they can't walk away from a settlement without committing financial suicide, giving strong leverage to netflix.

      You do realize that the Walton family's wealth makes Gates look like a pauper, don't you?

      Dealing with some pissant like netflix any way they choose hardly means financial suicide. I personally hope WMT does to netflix what IBM will do to SCO.

    2. Re:Don't know about that by siskbc · · Score: 1
      You do realize that the Walton family's wealth makes Gates look like a pauper, don't you?

      Yes, but they didn't get that way by not caring about money.

      Dealing with some pissant like netflix any way they choose hardly means financial suicide

      I meant it figuratively, but you're right, there's nothing netflix could do to hurt the collected walton family.

      I personally hope WMT does to netflix what IBM will do to SCO.

      That's pretty much what I'm thinking. ;)

      --

      -Looking for a job as a materials chemist or multivariat

    3. Re:Don't know about that by doormat · · Score: 1

      Especially with the treble damages that would potentially exist for a patent of this profile, as claiming to have not seen the patent isn't an option.

      Do damages only apply to profit or gross revenue. Last I checked, netflix wasnt making money (profit). So why would walmart make a profit?

      --
      The Doormat

      If you're not outraged, then you're not paying attention.
  106. "You can patent anything! Get on the bus!" by mwood · · Score: 0, Redundant

    Sorry, I hold the U.S. patent on "method for boarding a bus". You'll have to pay me for a license first. :-)

  107. Walmart... by Lugor · · Score: 1

    Well.. either Walmart is gonna sue and crush them. Or Walmart is gonna buy them.

  108. Your patent is useless for I've just patented ... by burgburgburg · · Score: 1
    opening the bus door. Try getting on the bus without the door being open.

    I've also patented opening the bus window, opening the bus skylight, ripping open a hole in the side of the bus and teleportation from outside the bus to inside the bus.

    3) Profit!

  109. patents, eh by DiggiLooDiggiLey · · Score: 1

    You can't patent that. Patents are for technical solutions! Damn it I'd rather live in a world without patents at all, than this kind of madness.

  110. Re:What other DVD rental services should I conside by Robotech_Master · · Score: 2, Interesting

    I just signed up for Greencine and found something annoying. Apparently I must have made an error in my credit card information when I signed up, because I got an email notice that it rejected...and now I'm expected to contact them via email to correct that information--and until I do, I'm locked out of the greencine.com website so I can't get in and correct it there.

    They'd damn well better have some method of me getting my card number to them that is not in the clear over email if they want to keep my business.

    --
    Editor Emeritus and Senior Writer, TeleRead.org
  111. That settles it. by hitzroth · · Score: 0, Redundant

    I've put in my application to patent patenting business plans and other intangibles. Five years from now I will own the world.

    --
    In mathematics, one does not understand things, one merely gets used to them.
    --VonNeumann
    1. Re:That settles it. by uw_dwarf · · Score: 1

      Just in the United States of America. Canada will not grant patents on ways of doing business.

      So, set up your e-commerce site on a Canadian host, with a provincial (not federal, so there are no language requirements) numbered company, and Amazon can't touch you.

      --
      The Seventh Rule: Take others more seriously than yourself, particularly when you are leading them.
  112. patent this by alx512 · · Score: 1

    I'm going to patent selling pre-made hamburgers over counters, and through little windows in the sides of buildings to people in cars.

  113. Rental Cars by dnoyeb · · Score: 1

    Isin't this like renting a car? When I go on busines s trips, if I don't return it when I said I would, I can just keep it longer without any hassle. And return it when I am finished. Its not monthly though.

    Or is this similar to checking into a hotel indefinitely.

    Their is NO WAY their is no prior art on this.

  114. Absolute Power by raehl · · Score: 1

    Actually, it results in a strictly non-negative number multiplied by itself.

  115. Ah, yes - - but what about popping up? by LazloToth · · Score: 1



    Mine does THAT as well.

    --


    It's only funny until someone gets hurt. Then, it's hilarious.
  116. I think it's already happened by PetoskeyGuy · · Score: 1

    Last time I tried to get on the bus they demanded the royalty fees before I could even sit down.

  117. You shouldn't be able to patent a business model by brunes69 · · Score: 1

    .. or algorithms, or software features. Its absurd. Thank God you can't do any of this in the EU, where reason still seems to have a bit of a foothold. Expect all these insane patents ot come back and bite the US in the ass soon.

  118. Salient Quote by pbryan · · Score: 1

    "... the patent monopoly ... consists in protecting inventors ... against competition for a period long enough to extort from the people a reward enormously in excess of the labor measure of their services, -- in other words, in giving certain people a right of property for a term of years in laws and facts of Nature, and the power to extract tribute from others for the use of this natural wealth, which should be open to all."

    - Benjamin Tucker, Instead of a Book, By a Man Too Busy to Write One: A Fragmentary Exposition of Philosophical Anarchism (New York: Tucker, 1893), p. 13.)

    --

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

    1. Re:Salient Quote by AyeRoxor! · · Score: 1

      Sounds to me like the big bad "communism," in that one's ideas are the property of all mankind, and wanting to profit from them has a negative connotation.

      furthermore, "a reward enormously in excess of the labor measure of their services" will never be rendered. In a capitalist society, it is the responsibilit of a provider to charge what the market will bear. It is impossible for him to get "a reward enourmously in excess..." of what he is due, because nobody will pay him more than they think his product is worth. Even if they gripe and complain, but still pay him his price, they have decided that product is worth that price.

    2. Re:Salient Quote by pbryan · · Score: 1

      In the capitalist scenario, two parties engage in a consentual transaction. The first party provides a product or service to the second party in exchange for agreed upon remuneration.

      Along comes a third party, someone who acquired a patent (essentially government-granted monopoly to some law of nature) to prevent the other two parties from engaging in their transaction. Armed with a patent, the patent holder can exert control over someone else's physical property, all because he has been granted a monopoly on some aspect of reality.

      Regarding your allusion to communism, as far as I know, the author of that quote was an anarchist. To my knowledge, this is the extreme opposite of communism, calling for no government intervention.

      Government granted monopolies (such as patents) allow people to charge in excess to the value of product or service. This severely inhibits capitalism, where what one pays for a product or service is proportional to its value. Often, in an effort to prevent "price gouging" by those with monopoly positions, governments attempt to establish controls on pricing. This practice is a hallmark of communism.

      I won't argue that one man's idea is everyone's property. In fact quite the opposite. I would argue that it cannot be anyone's property.

      --

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

    3. Re:Salient Quote by Anonymous Coward · · Score: 0

      You can try putting silk on a sow's ear, but in the end you still sound like a "Information wants to be free" whiner.

  119. But here's the catch-22 by raehl · · Score: 1

    If Netflix didn't have a reasonable expectation of being able to patent the business method they just developed, would ANYONE have done it at all?

    See, you may not like one company having a monopoly over this, but isn't that better than no one doing it in the first place because they knew the second they did Wal-Mart would step in and kill their investment?

    And it isn't really a monopoly - it's just control over a particular method of DVD distribution. They still have to be more attractive to the customer than, say, Blockbuster, or just buying the DVD at Best Buy.

    1. Re:But here's the catch-22 by Anonymous Coward · · Score: 0


      By that logic, M$ isn't a monopoly either. There's an alternative for every product or service that they provide. They just did a good job of being "more attractive to the customer than, say," Redhat or Netscape.

    2. Re:But here's the catch-22 by Reziac · · Score: 1

      Isn't that kinda like saying the first person to open a grocery store should have patented the business concept, so WalMart couldn't step in and kill it?

      If this sort of patent were allowed in ordinary meatspace business workings, there would be one grocery store in the world (with outlets everywhere) and if you wanted to eat, you'd buy food there, at whatever prices they cared to set. And chances are they'd also own a patent on farming they bought from the guy who invented that, so no gardening allowed either!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  120. Re:What other DVD rental services should I conside by Urgo · · Score: 0

    I tried netflix in january of 2002 and it took them two weeks to send me my first dvds. After their one month trial period I decided that they didn't care about me at all and I cancled my service.

    On my next break from college in June I decided to take another stab at the online dvd rental market and found dvdbarn.com. With their program I actually recieved my dvds when I was told I was supposed to, plus they let me tell them I sent them back to get more shipped out sooner. So with the dvd barn's plan of getting 3 dvds out I really had 5 out (when they were in transit). PLUS you can have as many dvds with bonous disks out at a time as you want. If you love the extras as much as I do this is a great feature. =]

    - Urgo

    --
    Belive in Technology and AMAZE yourself. -- RIP ZDTV/TechTV
  121. Correction by Remik · · Score: 1

    Sorry, obviously the comments were by Jeff Bezos, not Steve Jobs.

    -R

  122. What will be come of my beloved Flicksmart? by Anonymous Coward · · Score: 0

    Netflix doesn't do porn, but FlickSmart does and they are about the same as netflix, but Porn Only. Hopefully they will be integrated into netflix rather then getting bought out or go under. Even the wife likes it surprising me with rentals - go give them money everyone. Please? For me?

  123. Correction by Remik · · Score: 1

    Sorry, the comments were by Jeff Bezos, not Steve Jobs.

    -R

  124. Has ANYBODY mentioned the solution? by Thinkit3 · · Score: 0

    Abolish patents, completely. If anyone has mentioned this, go ahead and mod me redundant.

    --
    -Libertarian secular transhumanist
  125. I don't mind by malus · · Score: 1

    I hate the fact that one can patent something ridiculous like dvd rentals (or the subscription system), but if this means Walmart is going to have more trouble puting netflix out of business, so be it.

  126. Threaten a boycott by joshamania · · Score: 3, Interesting

    It's all fine and good for Netflix to have spent money on this patent if the idea is to keep litigation at bay. You don't want Blockbuster doing the same thing to you...a defensive patent, Bezos called it, I believe.

    What I am currently doing is writing a nice little email to Netflix...basically saying that if I so much as smell enforcement of this bullshit patent, I will immediately cancel my subscription to their business.

    1. Re:Threaten a boycott by karnal · · Score: 1

      Yea, lord knows that they might not want to actually enforce what's deemed (right or wrong) rightfully theirs.

      I think it's probably a dim patent as well, but it's their right to have it at this point. If we want things changed, we must change the system.

      --
      Karnal
    2. Re:Threaten a boycott by angle_slam · · Score: 1
      What I am currently doing is writing a nice little email to Netflix...basically saying that if I so much as smell enforcement of this bullshit patent, I will immediately cancel my subscription to their business.

      Hmm, $20 per month from you or a million plus for a license from Wal Mart. That'll be a tough choice for Netflix.

    3. Re:Threaten a boycott by joshamania · · Score: 1

      Well, let's see, that's $240 per year. Add me and about several other thousand people that actually care that they're not getting fucked by the companies that they do business with, and then one becomes a serious threat.

      Or are you not concerned that if Netflix enforces this patent or whether or not the evil people of the world are allowed to get away with being assholes? If not, then please, don't be surprised when you are no longer able to get back catalog items and when the minimum pricing model costs $35 per month because you, the customer, have no recourse. Walmart and Blockbuster have been forced out of business because the USPTO has decided to give Netflix the patent for an "online video store" and a de-facto monopoly on what is so "patently" obvious it makes me want to vomit at their stupidity.

    4. Re:Threaten a boycott by Lord_Dweomer · · Score: 1
      "What I am currently doing is writing a nice little email to Netflix...basically saying that if I so much as smell enforcement of this bullshit patent, I will immediately cancel my subscription to their business."

      Hey, more power too ya for actually doing something, compared to many other slashdotters (myself included) but you do realize the reality of the situation right?

      To them you are not a customer, you are a consumer. If you leave, another will take their place. In fact, they'd probably rather have it that way as their current system of "new people get stuff they want, older accounts have to wait a long ass time" seems to encourage that kind of behavior. Seriously, to me this business practice is right up there with the RIAA treating their customers like criminals. With Netflix, if you have used their service for a while...suddenly you are impeding them from having enough good movies to bring in new money.

      --
      Buy Steampunk Clothing Online!
    5. Re:Threaten a boycott by angle_slam · · Score: 1

      No, most people don't give a crap about how Netflix will enforce their patent. If they raise prices, people will make up their own mind as to whether it's worth it or not instead of reflexively boycotting a company for merely obtaining a patent. It's not a patent in and of itself that is "evil". It is patent misuse that is wrong.

    6. Re:Threaten a boycott by joshamania · · Score: 1

      I didn't say patents were evil. I said there are evil people out there that don't give a rats arse about right and wrong. Those types who have access to stupid patents tend to use those patents to do evil. Think of the asshat who has the patent to "electronic commerce" and how he has used it to threaten and extort money from small businesses.

      I am encouraging folks to remind Netflix that we do not like to do business with evil people, and that Netflix ought to be encouraged to sit on this patent indefinitely.

  127. Simple. by raehl · · Score: 1

    Because you didn't do it first.

  128. Library? by ThunderInEye · · Score: 2, Informative

    I vaguely recall something like this in the past. It was called a...libation? No, library. That's it, a LIBRARY. Allthough I think it was cheaper per month, but they did charge late fees. I guess this is why they disappeared:)

  129. Pure Comedic Genius! by Anonymous Coward · · Score: 0

    Now, I thought I was reading a simple article about patent laws and dvd rentals. And here I come across this thread of epic mirth. Somehow you have single-handedly crafted a finely-tuned piece fun-joy from what was a rather mundane topic. I just have to page my boss back to the office to see this! Gather round the water cooler old salts and let me spin a comedic yarn I saw this day on Slashdot. Someone beating Amazon to the patent office? And the earthquake part? Well sir, someone set you up the bomb. You have taken that bomb, added Amazon.com into the mix and exploded laugh-shrapnel into Slashdot proper. I couldn't even scroll down without getting struck in the eye with a piece of your fun-bomb. Mods, mod this man's excursion into the comedy arena as +5 StopItHurts. Here we sit, emotionally spent and basking in the aftermath of your comedic genius. Thank you kind sir, thank you.

    1. Re:Pure Comedic Genius! by Anonymous Coward · · Score: 0

      +1 Smartass

  130. Tired of Stupid Anti-Capitalist Responses?? I am. by TheAmigo · · Score: 0, Troll

    "I feel about as bad about this as when I was told AOL/Time-Warner lost 90 Billion last year"

    A corporation is an entity made up of PEOPLE. When companies do badly please realize that the employees are hurt by layoffs, pay cuts, etc. Slashdot readers need to realize this. Companies are not evil. They provide MONEY TO PEOPLE FOR DOING STUFF. That whole trickle down economics thing.. Remember?

  131. Not Just Wal-mart by rhkaloge · · Score: 1

    I really doubt this will affact Wal-mart much. They will either ignore it and tie up the patent claims in court (hell, they just might win), pay the fees to licence the, um, product? idea? (when you can't even classify the patent, you KNOW it's bad) for what is to Wal-mart pocket change, or buy Netflix. I'm more worried about other DVD rental places, in particular Greencine. OK, so I mostly rent Anime from them, but they also specialize in harder to find films. THEY are the ones that will be crushed by this, either by Netflix or, when Wal-mart accuries the patent, Wal-mart.

  132. Typical /. black and white reactions by heironymouscoward · · Score: 2, Insightful

    Come on, guys. Netflix are competing with a very large and not-so-gentle adversary, Walmart. They (Netflix) have built up a good business providing their clients with exactly what they want. But their business model has turned into a commodity. Patent protection is an unusual way of protecting business processes but if it works, all power to them.
    This is one of the better patents I've seen recently - it actually describes true innovation that has been implemented, and actually protects the innovator against competitors who would copy the idea and the model.

    --
    Ceci n'est pas une signature
    1. Re:Typical /. black and white reactions by Thing+1 · · Score: 1
      Come on, guys. Netflix are competing with a very large and not-so-gentle adversary, Walmart.

      This doesn't follow from the evidence. Walmart only recently announced that they'd be entering this arena. From the patent it shows that Netflix filed for this patent in April of 2000, over 3 years ago.

      And from reading the terms in the patent, it's obvious that they're trying to capitalize on being associated with "the Internet" rather than actually patenting something heretofore unknown. There's plenty of prior art.

      Also note that item 15 of the "Claims" section specifically states renting games, so it appears they will be going after gaming sites which do this (one was mentioned in a previous post).

      Other sections differentiate between "by mail" and "by a delivery agent" so it appears they're also targeting electronic delivery.

      --
      I feel fantastic, and I'm still alive.
  133. Prior art by poptones · · Score: 2, Interesting
    Funny how this is "new." Back in 1982 I belonged to a "club" that used exactly this method to get around zoning laws that forbid businesses from renting porn. You pay your $50, walk out with your tape, and return it whenever you like for a modest exchange fee.

    Once again proving porn guides technology. In this case, predating it by a whopping 20 years.

  134. Patent is designed to crush innovation by zenyu · · Score: 1

    I was just reading the reviews of other sites at Start Raving Normal and the sad thing is, most of these services will dissapear now. I'm pretty sure that's not what the patent system is designed to accomplish.

    The patent system is designed to crush innovation and retart economic growth, this is exactly what it was designed to accomplish. The Supremes have nullified the 'for progress' provision that the constitutional committee added to the concept so we're back to the old system where kings granted monopolies to those that funded his wars. Except now anyone immoral enought to apply for a patent can patent anything without even as flawed a concept as a king to keep the economy from being completely destroyed.

    Hopefully the plutocrats will soon see that any gain they see from their monopolies will be lost in their constants warring amoungst themselves in the courtrooms. Then they will either tell their governments to fix it or collude to only sue newcomers; if there are few enough of them left by the time they realize the mess they are in that a cartel can be maintained.

  135. Patent # 31337 by Anonymous Coward · · Score: 1, Funny

    You can patent anything! Get on the bus!

    Sorry, that statement is an infringement on my patent, number 31337, "A method of Pedestrian embarkment from cement or other hard packed substrate onto rectangular public transit conveyance via the method of foot lifting and leg extension."

  136. Blockbuster's Rental Passes by vistic · · Score: 2, Insightful

    Soooo... does this mean Blockbuster has to stop its movie rental pass things?

    As I recall, they came out with that after Netflix.

  137. you all owe me big... by genetic_freak · · Score: 1

    I am filing a patent on all Slashdot posts beginning with a vowel, and i'm making it retroactive to yesterday when i thought of the idea, so, looking down the list it appears that several of you are in violation. I will soon be sending a letter to your ISP stating that you are actively violating copywrite and patent law. I will then sue everyone for their life savings. thank you, that is all

    --


    Rice University Department of Biochemistry and Cell Biology- "Engineering the freaks of tomorrow"
  138. I challenge Slashdot by psxndc · · Score: 1
    I'm starting law school in a couple months and though my current profession is "software engineer", the slashdot crowd's reaction to patents in general doesn't always align with mine (we're geeks, remember? We're not supposed to have different opinions). I am not arguing the merits of this patent or the many others that have incurred the Salshdot Wrath, but what I am doing is challenging the Slashdot crowd to suggest improvements. Since maybe I'll end up at the PTO one day, I'd like to know what the Slashdot community would have them do instead. Most PTO-related posts are of the "The PTO sucks!!" variety. Instead of just sounding off how much you hate the PTO, why not share some ideas for improvements. While it is unlikely that the PTO will read them, people going into law might. Thank you.

    psxndc

    --

    The emacs religion: to be saved, control excess.

    1. Re:I challenge Slashdot by Qrlx · · Score: 0, Flamebait

      You should just start publishing a bunch of anti-abortion pieces in the legalese trade rags, and then G.W. Bush will nominate you for at least a Federal judgeship, and possibly a Justice of The Supreme Court.

    2. Re:I challenge Slashdot by scubacuda · · Score: 1
      why not share some ideas for improvements

      Making sure that they're non-obvious, for one.

      All we know (from the article) is that the "patent that covers its online subscription-based DVD rental service."

      If that means its web interface, the *specific* way that movies are distributed to others in the queue, etc, then I wouldn't have a problem.

      If that means not letting others rent DVDs by mail, then I think that's ridiculous.

  139. Prior Works by Bruha · · Score: 1

    Direct Tv and other satellite channels, and cable tv operators have the same models.. Pay monthly fees for a certain channel or you can buy certain blocks of time for a price.

  140. Patent pending: Crap in your hand by Blackbrain · · Score: 1

    I would like to announce that I have a patent pending on a method of defecating in one's own hand.

    So if any of you monkeys need to make a statement, your gonna have to talk to me.

    --
    Where would we be if Wheel had hid her round rock in a cave instead of showing everyone how it rolls?
  141. I'm going to patent obesity :) by Vampyre_Dark · · Score: 1

    I'm going to patent obesity. :) Then everyone can start paying me out of their own fat asses. (_$_)

  142. Changing Your Mind by Anonymous Coward · · Score: 1, Insightful

    In my mind, if you're gonna carry very-soft adult materials ... then do it. Don't change your mind.

    NetFlix is just a business. If they stopped carrying adult titles, it's very likely that adult titles were a money-losing item. Perhaps an awfully high percentage of them "disappeared in the mail." NetFlix does put it's customers on the honor system after all. I bet a lot of DVDs that are reported stolen are simply kept.

    For whatever it's worth, I've been a NetFlix subscriber since Fall 2002, and I've had very good luck. Fast and correct service, and only a few discs too scratched up to play correctly. I like it.

    1. Re:Changing Your Mind by slaker · · Score: 1

      I ordered discs that I never received. I loved their "Wait another four days and we'll send you another" crap.

      My mailman broke Netflix discs while putting them in my mailbox (they fit, but only if I didn't have any other mail).

      I'd send them back, and they'd say they didn't get them. I was on the 8 DVDs out at a time plan for awhile. Living in the midwest, there was a 4 - 5 day turnaround time from the post office, so with the ability to have 8 movies out, every time Netflix said they didn't get a title, I'd end up only "renting" maybe six movies in that month.

      I got a lot of unplayable discs, too.

      Re: "adult" titles, you do realize that adult movies are a huge profit center for almost every video retailer that stocks them, right?

      --
      -- I wanna decide who lives and who dies - Crow T. Robot, MST3K
    2. Re:Changing Your Mind by Anonymous Coward · · Score: 0

      Re: "adult" titles, you do realize that adult movies are a huge profit center for almost every video retailer that stocks them, right?

      Well, my point was, rental-by-mail makes theft very easy. It's easy to send an e-mail off to NetFlix claiming that you dropped Bimbo Beach Bunnies part VII into the mail two weeks ago, when in fact you've been watching it twice a night for the past three weeks. Very few people would be willing to have an argument to that effect in a public retail shop, so a retail shop may have less of a problem. I'm sure adult titles at NetFlix would be popular, but if they consistently disappeared after a couple of rentals, they would not be profitable.

  143. MOD THIS DOWN!!! by Anonymous Coward · · Score: 0

    My God, how can some idiot that doesn't know that the US Postal Service is refered to as the USPS get modded up as funny??? Please /. readers ... reinstill my faith that there are a couple of intelligent people that still mod this site. *Dear God, if there is a God, correct this obvious act of stupidity*

    1. Re:MOD THIS DOWN!!! by mustangdavis · · Score: 1

      If I had some mod points, I'd mod it down : -1 Dumb Ass

    2. Re:MOD THIS DOWN!!! by AyeRoxor! · · Score: 1

      If I had some mod points, I'd mod it down : -1, Dumb Ass

    3. Re:MOD THIS DOWN!!! by AyeRoxor! · · Score: 1

      "My God, how can some idiot that doesn't know that the US Postal Service is refered to as the USPS get modded up as funny???"

      Click the dictionary link, you tard.

    4. Re:MOD THIS DOWN!!! by Ice+Tiger · · Score: 1

      Maybe some idiot that made a typo and does not live in the US, but does have the courage to not post as AC.

      Lighten up Captain Pedant.

      --
      "Because we are not employing at entry level, offshoring will kill our industry stone dead."
  144. Small stores have hard time with it. by cryptochrome · · Score: 1

    Actually it would be difficult for the small stores to implement, as they often only have one copy of a particular movie. This thing works best if you have at least some redundancy, otherwise you run the risk of someone checking out your movies permanently when they let their membership lapse. then again, maybe it's not as big a problem as I initially thought.

    Frankly I think this would be a good model for real video stores. They don't have to worry about the shipping overhead.

    --

    ---If you can't trust a nerd, who can you trust?

  145. good for them... by The+Lynxpro · · Score: 1

    I hope they can extract a large fee from that evil eminating from Arkansas [*cough cough* Wal-Mart]...and you thought I was going to write "Tyson Foods"...

    --
    "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
  146. Not really that new by Anonymous Coward · · Score: 0

    About 4 years ago, a place around here had a pay $20 to rent unlimited DVDs for a month. You could technically keep them as long as you want.

    The place went out of business because Blockbuster offered much the same deal (though with a return policy), but offered a much larger selection.

    By larger selection, I mean about 40 DVDs. ;)

  147. The full patent (all 100 claims) by MikeLaw · · Score: 1

    Since the PDF linked above appears to be slashdotted, you might try here for the full patent. They make some pretty broad claims and the patent appears to cover renting most anything and refers to games specifically.

  148. Why? Re:What other DVD rental services should I c by YrWrstNtmr · · Score: 1

    Why are they "off your list"? Because they have a patent and are now evil?

    If you were to boycott every company that has a patent on something, you'd end up living in a cave, catching squirrels for dinner.

  149. lets destroy commerce by poison_reverse · · Score: 1

    hell in a handbasket
    why not stifle all kinds of competition and useful business models because some asshole wants to patent a broad and applicable idea.

    --
    _+_+__+_+_+_+_+_+_+++
    when i moo u moo - just like that
  150. Prior Art:1700-1900s "subscription libraries" by Tsu+Dho+Nimh · · Score: 4, Interesting

    (from the news release)"Netflix allows customers to rent as many DVDs as they want for the monthly fee, with three movies out at a time. Customers can keep the DVDs as long as they like and they are delivered directly to the subscriber's address via first-class mail." Such innovation deserves a patent! Unfortunately, that business method is a couple of centuries old, and still viable today.

    In the early days of mass media (books), printing was manual, and books were expensive. And many people of means lived in isolated places. Few could afford to buy as many books as they wanted to read.

    To overcome this, "subscription libraries" were developed in the 1700s (one in Newport RI was founded in 1747). They charged an annual subscription fee, which went towards buying books and administrative costs. The city subscriber could stroll over to the library (or send a servant) and get a book to read, keep it for as long as they wanted, and get a new book when they brought back the previous one. Rural subscribers would request books by mail and get the books by mail. Fast readers could read as many as they wanted, with the restriction being that they had to return one to get another. (there may have been a multi-book quota ... I've never had to discuss the administrative details)

    How is this different than the NetFlix patent, allowing for advancements in technology allowing online subscribing and electronic payment. Whether it's an annual subscription, or a monthly one, you sign up, you pay, you borrow, you return, you borrow some more.

    And subscription libraries still exist today ... The one in Newport is sitll going strong, and I've seen some websites where you can subscribe to get access to their library of books or other non-web information.

    1. Re:Prior Art:1700-1900s "subscription libraries" by velophile · · Score: 1
      How is this different than the NetFlix patent

      It's different because Netflix payed for the lobbyist to grease the wheels (or pockets) to get the patent.

      --
      - vphl
    2. Re:Prior Art:1700-1900s "subscription libraries" by jroysdon · · Score: 2, Informative

      Perhaps you should read the patent, or at least the abstract. The key difference is that you maintain a list online, and that list is automatically mailed to you up to your max amount of DVDs (which you can pay to have increased if you want to have more out at a time). I don't know of anyone who had such a system. Using the library analogy, I'm sure one had to specify the book they wanted next at the time they returned the other book.

      And it's more than just a "reservation list" that a library might have (and then suddenly you have 20 books ready to be picked up), but an intelligent queue where you tell it the order in which you'd like to see movies as they're available. It doesn't seem like much, but being able to spend 15 minutes and build a 50 movie queue list and then not have to hassle with it until I ran into another movie I wanted to add is wonderful.

      As an aside: To me, this is a hugely valuable thing. I cancelled my sub after 2 months of renting everything I'd wanted to see, but I wish I could pay a nominal fee ($1-2/month?) to continue to use the online service to add new (or future) releases to the queue, and then re-activate my sub every 6 months and watch a dozen or so movies (of course, that doesn't fit their business model, so they won't do it).

      Should a few "obvious" things tied together be patentable? Perhaps so... What is the real purpose for a patent? To protect a new invential/idea/business model from being copied by someone else - especially someone else with a large existing customer base and capital. For once, the patent system is actually going to protect the "little guy" from the corporate giants.

    3. Re:Prior Art:1700-1900s "subscription libraries" by Anonymous Coward · · Score: 0

      A good subscription library in the 1700s had all those features - just not on line.

      This concept of an old practice being novel just because it is now done on the internet is seriously broken - but recurring.

    4. Re:Prior Art:1700-1900s "subscription libraries" by Tsu+Dho+Nimh · · Score: 1
      "The key difference is that you maintain a list online, and that list is automatically mailed to you up to your max amount of DVDs"

      Subscription libraries sent catalogs of their holdings (current stock and planned purchases) to the subscribers, who could make up a list of what they wanted and send it to the library. Whatever was in stock and highest on the subscriber's list would be sent out whenever a return was made. This was a convenience for those who spent part of their time in the country.

      Subscription prices varied: the lowest rate got you one volume at a time. Those who paid more could have more books in their possession at a time.

    5. Re:Prior Art:1700-1900s "subscription libraries" by armb · · Score: 1

      > What is the real purpose for a patent?

      "To promote the Progress of Science and useful Arts"

      To encourage people to make public things which otherwise would remain trade secrets.

      --
      rant
  151. You forgot to log off and change your id... by Anonymous Coward · · Score: 1, Funny

    Der.. Don't you look like a fool? You forgot to log off and change your id (or post anonymously). Nice way to stick up for yourself, turd.

    1. Re:You forgot to log off and change your id... by TotallyUseless · · Score: 3, Funny

      That is the funniest thing i have seen on here all day

      --

      Time for some tasty Shiner Bock!
    2. Re:You forgot to log off and change your id... by Slack0ff · · Score: 1

      Here goes my karma... fuck you all.. change that id mother fuckers.... i feel better now...

      --
      Everyday You see me is the worst day of my life -Office Space
  152. mandatory SCO reference by Anonymous Coward · · Score: 0

    does SCO know you can do something like this?

  153. Oh...My...God. by AnotherBlackHat · · Score: 1

    Claim 1. A method for renting items to customers, the method comprising the computer-implemented steps of:

    receiving one or more item selection criteria that indicates one or more items that a customer desires to rent;

    providing to the customer up to a specified number of the one or more items indicated by the one or more item selection criteria; and

    in response to receiving any of the items provided to the customer, providing to the customer one or more other items indicated by the one or more item selection criteria, wherein a total current number of items provided to the customer does not exceed the specified number.


    With a loose interpretation, this covers libraries, book of the month clubs, and possibly in-store exchanges.

    With a stricter interpretation, the idea of implementing this entirely by computer becomes quite novel.
    I wonder how Netflix is providing DVDs via computer - AFAIK, they don't offer downloads of them.
    Seems like a shipping company with real people would have to be involved at some point.

    -- this is not a .sig
  154. This is a real shame by serutan · · Score: 1

    The people at the patent office don't seem to be thinking very far ahead, or maybe it's just not their job to think ahead. Imitating the successful business techniques of others is a longstanding tradition in the business world. There's absolutely no historical precedent for treating a marketing method as intellectual property. The huge boom in business in America during the last century would not have happened if entrepreneurs had to stop at every turn to make sure their methods didn't infringe someone's patent. I can't find words to express how utterly and mind-bogglingly stupid this decision was.

  155. It's called a library by roboneal · · Score: 2, Informative

    The mailing of movies aside, Netflix business model is different from my public library how?

  156. Now if only Microsoft would buy them. by HanzoSan · · Score: 1, Troll



    Microsoft should buy Netflix and then prevent Linux users and Apple owners from using it.

    Microsoft could use Netflix to profit while adding DRM to prevent evil criminal pirates and thieves from destroying our wonderful economy.

    This may also stop the Linux Communists from ruining Capitalism

    --
    If you use Linux, please help development of Autopac
    1. Re:Now if only Microsoft would buy them. by CheeseMonkey · · Score: 1

      Ha. Ha. Ha.

      Man, I never get sick of Microsoft jokes around here. Or, "oh, wait..." jokes. Oh, wait...

      --
      Nothing to see here.
  157. No really, there is prior art by jason0000042 · · Score: 1

    I was renting VHS tapes mail order in 1994. I paid by the tape, not a subscription fee. Call me crazy, but I don't see that as a fundamental difference.

    Personally I think that if your business model is to not have competition then your business model is pretty poor. You are not entitled to special privileges just because you have a good idea. If you were then most of us here would be rich. You have to be a good business person, and work, and have connections.

    I guess connections in the patent office count though, so goooooaaaaaaaal to netflix.

    --
    i don't like my old sig.
    1. Re:No really, there is prior art by elemental23 · · Score: 1
      I paid by the tape, not a subscription fee. Call me crazy, but I don't see that as a fundamental difference.

      That is a fundamental difference when you consider the scope of the patent:
      They apparently now have a patent on their model of subscribing to rentals- where instead of being charged per disc, you are charged a monthly fee ...
      Of course I didn't read the patent itself, so the /. story summary may be mistaken. If it isn't, the service you used could not be considered prior art.
      --
      I like my women like my coffee... pale and bitter.
    2. Re:No really, there is prior art by Anonymous Coward · · Score: 0

      It doesn't matter whether you see a fundamental difference or not. The patent office does---and it should. Patents are designed to be narrow. This per-tape mail-order subscription model that you used in 1994 does not conflict with the NetFlix patent in any way.

      Besides, who says NetFlix doesn't have competition? Of course they do. Blockbuster is a great example. Pay-per-view cable. Cable TV. Per-tape or per-DVD mail-order rental services.

  158. Walmart's not going to feel it... by sTalking_Goat · · Score: 0
    They'd either buy Netflix or come to and agreement. Unfortunately there are a number of other small specialized (don't click if you're at work...or your Mom is nearby...) subscription services that are going to get screwed from this.

    This whole patent thing is really getting out of hand.

    I had actually toyed with starting a service that does just Anime based on the subscription model. There goes that idea.

    --

    My days of not taking you seriously are certainly coming to a middle...

  159. Little Businesses by yintercept · · Score: 1

    There is nothing about the NetFlix model that requires a company to be big. I had been thinking that it would be a good model for smaller companies with content to deliver or libraries.

    The big draw back for most companies is the items they have to deliver weigh a fair amount, and don't have regular size or weight...creating packing and shipping problems.

    The only really unique thing about Netflix is that DVDs are uniform in size and small enough not to incur high postal fees. DVDs being small has nothing to do with any effort on the part of NetFlix.

  160. I've got it!!! by the_other_one · · Score: 1

    Drive Thru Patent Approvals!!!

    --
    134340: I am not a number. I am a free planet!
  161. Netflix or Wal-Mart who would you rent from by nt2UNIX · · Score: 1

    I have my doubts about Wal-Mart. This is the same company that sensors all music sold in it's stores and has removed magazines from the shelves because of questionable content.

    Hey maybe Wal-Mart could patent censorship?

  162. it is not the worst patent by fermion · · Score: 1
    I think the patenting of business models is really silly and should be one of the prime target of the so-called lawsuit abuse people, but this does not seem so bad. It is not overly broad and may allow firms to come in with slightly different models.

    to wit some simple modifications might be:
    1) Pay a monthly subscription fee, based on the number of rentals you wish to have out at once at total for month. This converts it to a cell phone like structure. 2) You may only keep for six months at which point the costumer is charged for the video. 3) And, oh, I don't know, charge a monthly fee to part of a club, not rent the films. for $20 a month you get access to a special members only web site that lets you check movies out of a library.

    I also notice that netflix participates in the vile behavior of not letting you browse their site unless you accept their cookie. This is like a car salesperson not talking to you unless 'you are ready to buy.'

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  163. Before you pay the fare... by glassgnost · · Score: 1

    I just patented Money.

    4.2% of your federal reserve note are belong to us.

  164. Hello? Free Market anyone? by sTalking_Goat · · Score: 1, Interesting

    The whole thing is egregious. Coming up with a novel business only gives you the right to run with it and pull far enough ahead so that you've captured the market share before your competetion comes online. You should be able to patent the idea to crush all competetion. When that happens we the customers lose. What incentive does NetFlix have to refine there service to our advantage if they have absolutely no competition?

    --

    My days of not taking you seriously are certainly coming to a middle...

  165. Some Informative Literature Regarding Patents by 101percent · · Score: 3, Informative

    I believe that it's important to hear all sides to any issue, so here are two Ogg Vorbis encoded recordings of Richard M. Stallman speaking about software patents and a percieved danger that they pose to software development. I know that this story isn't specifically about software patents, but you may find his ideas informative and extensible. (Disclaimer: Verbatim copying and distribution of the entire speech recording are permitted provided this notice is preserved.)

    http://audio-video.gnu.org/audio/rms-speech-cambri dgeuni-england2002.ogg Transcript
    http://audio-video.gnu.org/audio/rms-speech-patent s-lse2002.ogg

    Here is a transcript of a non-recorded speech given by RMS in India also on the issue of software patents.

    I hope some of you find these links useful. If anyone knows of any good links taking differing position on the issue of patent law, etc... than I would definitly encourage you to post those.

  166. Bus by Gax · · Score: 2, Funny

    >You can patent anything! Get on the bus!

    I have a patent on getting on the bus.

    1. Re:Bus by citadelgrad · · Score: 1

      No Shit!!! F'ing ridiculous I am going to patent how to post a message on /.

      --
      Losers whine about doing their best ....

      Winners go home and f*ck the prom queen!
  167. very obvious, difficult to implement Re:Patentable by captainfugacity · · Score: 1

    This is painfully obvious. Many small town video stores have done similar. The village rental where i grew up did this before the days of Blockbuster. The ability to use Fedex on a volume large enough to make a profit is nothing innovative, it just wasn't feasible before the internet. Which part is innovative? The internet part. If netflix created the internet they could patent that. If they created their own propietary protocol sets for netflix they could patent that. If they used premade tools and existing services to put together a form of a virtual storefront, then they're doing nothing unique. The whole point of a patent is (was supposed to be) that you've done something UNIQUE and need protection from people who could afford to reverse engineer your work (like cased ammunition for revolvers). If an obvious concept becomes 'unique and visionary' by adding the words 'on the internet' I think the same should apply to fortune cookie suffix 'in bed.'

  168. Patent fundraising techniques by figa · · Score: 1

    Someone needs to patent a few Internet fundraising techniques that apply to political campaigns and PACs. Then we'll see changes in the business patent policy.

  169. Could be a Preemptive/Protective by Rob+Sweet · · Score: 5, Interesting

    I was recently told by my boss that our company's legal dept. wants us to try to patent *anything* that we've created. BTW, I'm a web developer/SA building tools for internal use. The idea is that by patenting stuff that we've written, we protect ourselves from somebody else patenting it and then suing us. We'd win (well, hopefully) because we'd be able to show prior art but it would still be an ugly legal battle. By spending the money up front, we protect ourselves and ensure that if somebody *does* try to sue us, we can show the judge the patent and hopefully wrap things up simply, cheaply, and quickly.

    Although we could potentially use the patent to give competitors a hard time, the point would be to protect ourselves and our IP *before* somebody decides to attack us. It's also worth noting that if any of this patent stuff within my company actually looked like it was going to happen I'd be pushing strongly for something in writing basically saying that the patent wouldn't be abused.

    It's a shame that anybody would have to go to these extremes just to make sure they can avoid a lawsuit but hey, that's life in the big city.

    --
    Rob
    1. Re:Could be a Preemptive/Protective by Reziac · · Score: 1

      It sounds like another class of patents is needed, the "Open Patent" where the object is to establish that a given innovation is already recorded, so that no one else can monopolize it, but where the patent holder warrants that they will not use their ownership of that patent to litigate against others who use the concept, nor to collect royalties. (Nor may anyone who uses said patent do either.) I'm not explaining well, but what I have in mind is sortof like BSD-licensing for patents.

      This being different from public domain in that the patent is definitively recorded, not thrown to the winds for someone to "rediscover", patent, and abuse.

      Maybe "Patent Pool" would be a better term for it.

      Side note: "Open patent" is a redundancy, since the word "patent" originally was used as in "publish patent" (to publish openly for all the world to read).

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  170. Yes but ... by Brett+Johnson · · Score: 1

    Yes but did they patent "10 DVDs for 1 cent **"?





    <font size="0.01"> ** Subscriber agrees to purchase 6.023 x 10^23 DVDs at full retail over the next 15 years. Subscriber will receive 6 new DVDs each month from Artisan Entertainment or New Line Cinema. Subscriber may elect to receive only the titles they desire by decrypting the DES3 encoded message supplied on a postcard sent to the subscriber 3 weeks in advance of the DVD shipment. Failure to provide a valid response to the postcard message will be interpreted as a "YES" reply to our excellent selection of all 6 DVDs. Your credit card will be charged for each DVD delivered plus $8.95 shipping and handling for each order. Unopened DVDs may be returned for full credit (less S&H). Each returned DVD is subject to a small $8.95 restocking fee. </font>

  171. I patented respiration... by jconley · · Score: 1

    Please send me my royalties :)

  172. Re:Why? Re:What other DVD rental services should I by angle_slam · · Score: 1

    Agreed. Netflix has an incredible selection, quick turnaround, and reasonable rental fees. The fact that they have a patent changes none of that, yet. Why don't you wait to see if Netflix actually does anything bad with it. Maybe this is purely a way for them to show that they had the idea in 2000, to prevent others from suing them.

  173. WalMart in Violation by SuperDave913 · · Score: 1

    I thought Wal-Mart was offering a similar service and was going to try to crush NetFlix. Does this mean they will have to license the idea from NetFlix?

  174. How quickly we turn! by Anonymous Coward · · Score: 1, Insightful

    Wasn't it not too long ago that Netflix was the darling of many /.ers? People applauded Netflix for their "innovative" rental model, and I'm sure many felt it was good to "stick it" to the big chains like Blockbuster? When the Walmart announcement came along, weren't people rallying around Netflix? Now, it turns out Netflix is playing the business game the way thousands of other companies are playing it, and now they're evil?

  175. Cygwin by Anonymous Coward · · Score: 0

    You can have wget on windows, though you'd need a url and not just the file name.

  176. Constitution? by stuckinmaine · · Score: 1

    Patent law springs from the constitutional mandate giving Congress the right to "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" How does this patent Promote Progress and in what usefull art or science?

  177. Prior Art?!?!? by Anonymous Coward · · Score: 0
    Hmmm.... replace the following:

    DVDs with books,

    UPS with person across the counter,

    web site with card catalog, and

    monthly fee with taxes

    and I'd call it a farking library!

  178. I'll bite by codefool · · Score: 1
    The major problem with patents is that the patent clerks have no earthly idea of what they're looking at. So the test of obviousness essentally gets ignored. I would be in favor of voiding all software related patents - but that's not going to happen. So what we need is a better way to demonstrate the obviousness of a patent claim before the fact.

    I would propose that for a given patent claim, that the entity seeking the patent would have to fund a peer group review of the problem the claim is purpoting to solve. If the solution is truly obvious, or prior art, then a competent peer group should come up with something close fairly quickly (as we do here in this forum.) The test wouuld be that if this group could come up with say, six out of ten criteria for the solution described by the claim in, say, six hours, then the claim is obvious, and does not qualify for patent protection.

    While I don't think this would work too well for mechanical or chemical patents, it would certainly work for software and business processes.

    --
    "Stop whining!" - Arnold, as Mr. Kimble
    1. Re:I'll bite by psxndc · · Score: 1
      An interesting idea. Seriously. How do you enforce that the peer group isn't just made up of people that stand to gain from the patent being granted? There would have to be some 3rd party pool to draw from. Could there be a professional group or association that engineers could join and your dues would be to review X number of patents a year?

      I spoke with a lawyer about just this problem and he felt that the pain points of the PTO actaully stemmed from the fact that so little software _is_ patented. It makes defining "prior art" significantly more difficult given that the PTO first checks for prior art among existing patents. Thank you for your input.

      psxndc

      --

      The emacs religion: to be saved, control excess.

    2. Re:I'll bite by codefool · · Score: 1
      How do you enforce that the peer group isn't just made up of people that stand to gain from the patent being granted?
      The peer group would have to be scrutinized against conflict of interest. Prob. the best group would be to gather the petitioner's competition to do the review. If they can't come up with the same idea, then its obvious QED.
      It makes defining "prior art" significantly more difficult given that the PTO first checks for prior art among existing patents.
      There's much more software patented than you might think. 'Prior Art' refers to the condition that the solution already existed in some form prior to the patent, and not necessarilly under patent. For example, you can't get a patent on the bubble sort algorithm because its been (unfortunately) in use since the dawn of the computer age, and is obvious to the definition for patent purposes. That is (butchered) it must not be reasonably obvious to a person competent in the field. I would submit that this would exclude most patent clerks from being able to scrutinize a software patent application as prior art.
      --
      "Stop whining!" - Arnold, as Mr. Kimble
    3. Re:I'll bite by psxndc · · Score: 1
      'Prior Art' refers to the condition that the solution already existed in some form prior to the patent, and not necessarilly under patent.

      I realize this. My point was that the first place the PTO searches when looking for prior art is "hey, has this already been patented?". If it hasn't, then the haystack gets much much bigger.

      psxndc

      --

      The emacs religion: to be saved, control excess.

  179. What is with you dumbass liberals? by Anonymous Coward · · Score: 0



    Why do you hate America? Why do you want to destroy our economy? You stupid little shit, you want people to get hit by a bus yet you expect everyone to believe you love the country?

    I hope you get struck by dual lightning strikes asshole.

    1. Re:What is with you dumbass liberals? by nmg · · Score: 1

      Who said anything about hating America or destroying economies? I just want you to die. And if you're going to flame, at least do it logged in.

  180. Want to reply to yourself to back yourself up? by Anonymous Coward · · Score: 1, Funny
  181. Patents by Bigby · · Score: 1

    The problem isn't as much as what they are patenting, but who can patent something. It costs an arm and a leg to patent an idea. With that in mind, very few individuals can patent any innovative ideas because of the costs. NetFlix's idea is by no means their idea, but instead the first entity that could afford to claim it their idea. That is truely the problem with the patent system. Strikingly similar to the problem with the political system.

  182. Do "Business" Patents Really Provide Incentive? by JohnDenver · · Score: 1

    So you're OK with a WalMart coming along with all their resources and wiping out NetFlix as soon as they see that a market is there worth taking? Yeesh, so much for innovation!

    Are you seriously trying to convince me that these "business method" patents are needed to protect all the small businesses from the Walmarts? How convienent that you forget these "business method" patents give the Walmarts, who can afford the licenses, a nice legal advantage over any competitor who tries to compete.

    Heck, Maybe they won't have to lower their prices if this continues. They'll just sue their competition!


    It's funny, because the way you word it, it doesn't sound so rediculous, but you're clearly trying to leverage the "protect the little guy" argument.

    1. Small businesses have been surviving the Walmarts for years without "business method" patents by innovating their business. Small companies have been surviving mostly because of their nimbleness and ability to innovate. (Which can be credited to their FREEDOM to innovate)

    2. Large companies like Walmart can afford to license these "business method" patents, giving the Walmarts another advantage they didn't have before over everyother small company.

    3. These patents are beginning to KILL the incentive for small companies to innovate, out of fear they'll be sued for stepping on someone's "business method" patent.

    4. The software industry was innovating for YEARS without software patents. The challenge was never coming up with the ideas, but rather actually implementing those ideas.

    They software industry thrived as it had plenty of enough incentive to innovate. If a software company didn't innovate fast enough, they would lose to thier competition.

    Now it seems all a software company needs to do is to get a nice patent on a key piece of technology and extort licen$e$ out of the rest of the industry.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
    1. Re:Do "Business" Patents Really Provide Incentive? by Jahf · · Score: 1

      You obviously haven't seen what a large Walmart can do in a rural town. Look at the studies. A large percentage of the small businesses go down the toilet and often their employees end up at Walmart making less and with less chance of promotion.

      So while you can't patent a brick-and-mortar, I have no issues with Netflix patenting their method to protect their business.

      I guarrantee that Walmart is going to get the word out about their rental business to FAR more people than Netflix. Walmart wouldn't have gotten into the business if Netflix hadn't proved it was a viable model. Therefor Walmart does not deserve to be able to stamp Netflix out of business just because they have a couple of orders of magnitude more advertising power.

      --
      It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
    2. Re:Do "Business" Patents Really Provide Incentive? by Lt+Razak · · Score: 1
      Exactly!

      I'm surprised the number of people here actually rooting for Walmart. Walmart can survive without the dvd rental business (it has for years). Netflix--that's all there is. Walmart is getting into it just like Microsoft got into the web browser business.

    3. Re:Do "Business" Patents Really Provide Incentive? by Anonymous Coward · · Score: 0
      I'm surprised the number of people here actually rooting for Walmart.
      The number zero surprises you?
  183. They've Patented "Library Cards" by NotQuiteReal · · Score: 1
    It seems to me this is the way old fashioned, real books, public libraries work (or at least lots of them.) E.g. You can check out a certain number of items. When you return some, you can get some more.

    --
    This issue is a bit more complicated than you think.
  184. So do you suppose by iceT · · Score: 1, Interesting

    Walmart has licensed the "technology" from NetFlix?

    --
    -- You can't idiot-proof anything, because they're always coming out with better idiots.
  185. Re:Patentable (Whats a library?) by SirSlud · · Score: 1

    Hrm, yearly fee. Access to materials. Maybe the government should have gone for a patent with libraries, although then we'd just be stuck in a "See how evil the public sector is, long live the private sector" flame war. Ah, the irony.

    --
    "Old man yells at systemd"
  186. Masturbation by drteknikal · · Score: 1

    Though there are aids, devices, and treatments, it doesn't appear anyone has patented masturbation yet. I'll get busy on the paperwork...

    --
    http://drteknikal.blogspot.com/
    1. Re:Masturbation by ahem · · Score: 1

      Seems like that could be a sticky problem. I hope your patent doesn't cause too much friction. I guess you should maybe splurge on a lawyer.

      --
      Not A Sig
  187. do not infringe my patent by nilsey · · Score: 0

    do not infringe my patent on posting on patents

    --
    -- too cruel for schuel
  188. Get on the truck by Daniel+Phillips · · Score: 1

    Get on the bus!

    Actually, it's a garbage truck, and everybody riding on it smells like they've being doing it for a while.

    --
    Have you got your LWN subscription yet?
  189. Re:Other patents... (Corrected spelling) by gunix · · Score: 1

    Utah is strongly morons....
    Ahhh... I can't stand these people that are so afraid of sex.

    --
    Evolution of Language Through The Ages: 6000 BC : ungh, grrf, booga 2000 AD : grep, awk, sed
  190. Re:What other DVD rental services should I conside by StarFace · · Score: 1
    I love GreenCine. I really hope this patent issue does not force them to go under. They have an unparallel non-mainstream selection, and they seem to care for the community, both their users and the furthering of film as an art. They make donations from the money they make to help young directors and such. Plus, they are comitted to getting very hard to get movies, even if that means sacrificing quantity. For instance, they have a Lynch collection that is expensive, and can only be procured through David Lynch himself. Good luck finding that at Blockbuster.

    So yes, if anyone has an interest in non-mainstream -- definitely check these guys out. Good online community too.

    --
    V
  191. Re:What other DVD rental services should I conside by GlassHeart · · Score: 1
    I guess that means Netflix is crossed off my list.

    I don't think anyone needs to be too hasty. In this business environment, many patents are "defensive" in nature. That is, apply for a patent in case your competitor does it first and pulls the rug from right underneath you. It might be instructive to see what NetFlix does with the patent before deciding whether to punish them.

    Now, that's not to say the US patent system doesn't need reform, just that there's a difference between a predatory abuse of a bad system, and a self preservative abuse.

  192. Prior art by wbean · · Score: 2, Interesting

    Netflix business method isn't really original. In the 50's I lived in London and belonged to Harrod's lending library. For a monthly fee you could have three books out at a time. The boooks were delivered by the Harrods Van. They came in reusable pasteboard boxes.

    When you joined, you were asigned a librarian who got to know your tastes. Every time you returned a book the librarian would pick out another and ship it to you.

    Sounds a lot like Netflix to me.

  193. Claim review of Netflix.com's 6,584,450 U.S. Paten by ipandithurts · · Score: 2, Insightful

    Netflix.com's patent (6,584,450) is surprisingly broad and the claims are NOT limited to DVDs or movies (although some dependant claims provide those limitation).

    Hopefully they'll simply use it as a defensive mechanism to prevent others from suing them for patent infringement. But one never knows.

    The independent claims read:

    1. A method for renting items to customers, the method comprising the computer-implemented steps of:

    receiving one or more item selection criteria that indicates one or more items that a customer desires to rent;

    providing to the customer up to a specified number of the one or more items indicated by the one or more item selection criteria; and

    in response to receiving any of the items provided to the customer, providing to the customer one or more other items indicated by the one or more item selection criteria, wherein a total current number of items provided to the customer does not exceed the specified number.

    and

    16. A method for renting items to customers, the method comprising the computer-implemented steps of:

    receiving one or more item selection criteria that indicates one or more items that a customer desires to rent;

    providing to the customer up to a specified number of the one or more items indicated by the one or more item selection criteria; and

    in response to receiving any of the items provided to the customer, providing to the customer one or more other items indicated by the one or more item selection criteria, wherein a total number of items provided to the customer within a specified period of time does not exceed a specified limit.

    --

    Stop undressing me with your eyes. I'm ugly naked.
  194. Isn't this the way it's supposed to work? by LostCluster · · Score: 2

    The Constitution gives patents to encurage inventors by giving them a monopoly on whatever they invent for a period of time, meaning that nobody can copy their idea to compete against them with it. Yes, this means that monopoly pricing power goes to the inventor's company... and that's their reward, but at least it comes with an expiration date.

    Netflix says they've built something that nobody has built before. If that claim is true, then they've won the right to a limited-time monopoly fair and square.

    Walmart is coming along and trying to duplicate them exactly while undercutting their prices, which would be perfectly legal to do if Netflix's distribution model isn't original. That's exactly what a patent monopoly is there to prevent... the inventor gets to soak the market for a few years as the reward, then competitors may jump in and throw him out.

    BTW, this wasn't just a knee-jerk reaction to Walmart coming late to the party... Netflix has had their application in since Y2K, it's just now that the PTO finally stamped "Approved" on it...

  195. Umm ... by karb · · Score: 1
    You could also publish relevant details about the tools (which you also essentially do when you patent them). Stuff existing in the literature already is not considered patentable.

    It's interesting that your IP lawyers failed to mention that. COUGHjobsecurityCOUGH! Something's in my throat! Excuse me!

    Patents are good for countersuits, however, and that's why the preferred business model is moving towards either 1) large companies with tons of products and patents or 2) small companies or individuals with no products (no countersuits there) but plenty of IP and lawyers.

    --

    Jack Valenti and the MPAA are to technology as the Boston strangler is to the woman home alone

  196. Prior Art by tetsuji · · Score: 1

    Aren't there Beer-of-the-month clubs that do this? Granted, you're not renting your beer (hopefully) but since what you're really doing with Netflix is buying a temporary license to watch the movie in DVD format (right?) it seems rather similar to buying the temporary license to enjoy your beer.

  197. prior art? by spazoid12 · · Score: 1

    When I was in highschool long ago, there was a store near my house that rented software. Back then, the //e and 8088 were still the big guns. Anyways, it was a "club" type of system. You'd pay a monthly fee for some number of rentals per month. They didn't last long...and, I can't remember the name. This was in the Lynnwood, WA area...if anyone else happens to remember.

  198. Filling out my applications by drix · · Score: 1
    Anything, eh? Fine. I am patenting the acts of
    1. Complaining about ludricous software patents.
    2. Stating anything can be patented in a complaining or joking manner.
    3. Commiserating with said statements.
    By my calculations, the entire editorial staff of Slashdot and 95% of the readerbase are infringing on my patents (prior art being clearly irrelevant.) I have spoken with my legal team and you have all monetarily damaged me to the tune of $1,200,293,135,129,902,129 plus one monster truck. I accept personal checks and PayPal. Pay up, scofflaws.
    --

    I think there is a world market for maybe five personal web logs.
  199. What they patented by Anonymous Coward · · Score: 3, Informative

    Most of the discussion and argument about this patent has been focused on the idea that subscription services are not new. If you'll read the patent text, or even just the abstract, you'll see that the essence of the patent deals with how you select movies to rent and the fact that this process is separate from the rental process itself. If you've used Netflix, you know what they are talking about. You select movies and add them to your rental list. When you turn in a movie, they automatically send you the next movie from your list. This differs from most other rental schemes in which you select the next item to rent at the time you are renting it, and really is one of the best features of using Netflix. Maybe some other subscription-based rental services do this, but from what I've read in this thread, I haven't seen anyone point out any that do (in particular, any such services that predate Netflix).

  200. Re:Other patents...german bread by Lonath · · Score: 3, Funny

    Start reporting them as stollen. ..........How is german bread going to help?

    Oh, you silly grammer Nazi, you.

  201. stop by Anonymous Coward · · Score: 2, Funny

    You can patent anything! Get on the bus!

    Sorry but I noticed that, although everything about a bus is patented, actually getting on it wasn't. So my application's in for that. Don't get on the bus if you don't intend to pay royalties.

  202. Re:You shouldn't be able to patent a business mode by Lt+Razak · · Score: 1

    OH yea. Believe me. If I wanted to move to your shit-hole country, I would.

  203. The US PTO is a scam by Anonymous Coward · · Score: 0

    This is ridiculous. The US PTO "examiners" are obviously not reading any of the patents, but merely rubber stamping them -- and collecting $2000 on the way. What a frickin' scam.

    Furthermore, the whole set-up is geared to assist the litigation industry: Just because a patent is granted doesn't mean it is enforced. A company must defend its patent through litigation against alleged offenders, which means both sides have to hire expensive lawyers. Since many Congressional legislators were trained as lawyers (although not necessarily as patent lawyers), it contributes more money to their industry. That's probably why they won't address the issue seriously.

  204. Re:Other patents...german bread by Anonymous Coward · · Score: 0

    if you want to be technical, that would be Stollen, as all german nouns are capitalized.

  205. Re:Other patents... (Corrected spelling) by Anonymous Coward · · Score: 1, Informative

    I'm not big on censorship and I'm certainly not a Mormon, but disrespecting the beliefs of other groups by making bad puns is a lazy copout that will do nothing but make them angry and unwilling to listen to what you have to say. The only thing it proves is that you are immature and likely ignorant of why you hold the opinions you have.

  206. Timing by Cyberllama · · Score: 1

    The timing on this is no coiencedence. For anyone who doesn't know, both Blockbuster and Walmart have JUST started similar services. For the time being, I suspect NetFlix would have had Walmart beat on service (Given that they had more distribution centers and thus less shipping delay.

    I'm really quite torn about this. Obviously this patent is crap and had no buisness being issued, but by the same measure, I'm not so sure I wanted to see Walmart use thier deep pockets to dominate/monopolize yet another industry.

  207. OT: How to tell if a movie's been edited by Anonymous Coward · · Score: 0

    Here's an idea:
    Go to imdb and look at the runtime of a movie.
    Then compare with the runtime of the blockbuster version.

    1. Re:OT: How to tell if a movie's been edited by Lord_Dweomer · · Score: 1
      "Go to imdb and look at the runtime of a movie. Then compare with the runtime of the blockbuster version."

      Thats an excellent idea, but only for when they remove whole scenes. I just remembered that the movie the customer had had a problem with before was the Osbourns. Swear words were bleeped out. IMDB wouldn't catch that. And that is something that would ruin the entire movie...jesus...95% of what Ozzy says would be "bleeep bleep bleepity bleep BLEEEEP"

      --
      Buy Steampunk Clothing Online!
  208. Before Walmart there was Woolworth by JohnDenver · · Score: 1

    You obviously haven't seen what a large Walmart can do in a rural town. Look at the studies. A large percentage of the small businesses go down the toilet and often their employees end up at Walmart making less and with less chance of promotion.

    BEFORE WALMART, THERE WAS WOOLWORTH

    No. I have, but things do get better in the long run. Case and point: look at Woolworth 50 years ago. They were in the same position as Walmart. People were afraid that Woolworth was going to destroy the local retail economy.

    Businesses got hit hard when Woolworth came into town and many went out of business. Eventually many businesses figured out what they needed to do to compete, by either creating new markets, adding value or experience, or filling niches ignored by the larger chains.

    What if Pizza Hut Patented Pizza Delivery?

    Notice I said Pizza Hut rather than Dominos. With all the overhead they had in their restaurants, do you really think Pizza Hut wanted to get into the Delivery business? It was many years AFTER Dominos popularized the business model did Pizza Hut start delivering pizza. So what if Pizza Hut patented pizza delivery? Don't you think such a patent would have given Pizza Hut peice of mind that they didn't have to worry about nimbler pizza delivery companies undercutting the overhead of thier restaurants?

    Here's what I want you to ask yourself:

    Do you really think the retail industry would have recovered like it did if businesses weren't free to innovate?

    Imagine what would have happened if the industry was hampered with "business method" patents like:

    * Using a Barcoding System in a Business Model
    * Using Securities Cameras in a Business Model
    * Using an Inventory Tracking System in a Business Model

    Note the difference between being granted a patent for making a specific barcoding technology (a reason for different barcode standards) and being granted a patent for using a barcoding system in a retail context.

    As if Mom-and-Pop stores don't have enough overhead, you're telling me that they should either be paying licen$e fee$ to innovate their business or invest thousands of dollars in legal fees so they can get a small peice of the "business method" patent pie?

    BUSINESS PATENTS ARE BAD FOR SMALL BUSINESS. PERIOD.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
    1. Re:Before Walmart there was Woolworth by Jahf · · Score: 1

      First off, it would make you seem more credible if you would learn how to -discuss- something rather than just blaring out your opinion as if you need everyone to listen to it.

      1) Woolworth never got CLOSE to the scale of Walmart.

      2) Even if Woolworth -had- gotten close, would that make it any more right that Walmart was following along? No, it would just make it that much worse.

      3) How can you possibly be acting like you're fighting for small business in 1 post? I find that quite amazing.

      4) Pizza Hut would have gotten shot down for trying to patent home delivery due to TONS of prior art ... chinese, small mom and pop pizza stores, etc. If they did manage to get such a patent it would have been negated afterwards.

      5) Just FYI, Pizza Hut loved the delivery idea from day one. It took them a long time to roll it out to all of their markets, which allowed Dominos to dominate alot of areas. Part of the problem was with the various Pizza Hut franchises ... if you'll notice, Pizza Hut started revoking franchises about the same time they went all-out with delivery. I know, since I was a delivery driver for Pizza Hut in Wichita (the home office for PH, at least until they were bought by Tricon ... the same parent company as Taco Bell and KFC ... technically I think PH is still based in Wichita but the real power is with Tricon) during the time that delivery was made a nation-wide priority rather than just an on again off again idea ... one of my regular delivery stops was the (now previous) owners of the chain (lowsy cheapskates never tipped).

      6) In this example, assuming no prior art, then it would be Dominos that equates to Netflix and Pizza Hut to Walmart. If you're going to make analogies, be logical about them, mkay?

      7) By this point in time, the patent would have expired ANYWAY ... that is what patents do ... they give the inventor a leg up in which to establish themselves, then they expire so that everyone has a chance to use them.

      8) Show me a mom and pop store that is ever going to try and get into the national DVD rent-by-mail business? Not gonna happen. Netflix was as close to "mom and pop" as this business is going to get.

      9) If a mom and pop store DOES invent something that is new to the market place, do you want to deny them the ability to protect themselves from Walmart or similar companies?

      10) Businesses -are- free to innovate. Patents like this protect that innovation. Innovating does not equate to copying someone else's success. Do you think Walmart is innovating by copying Netflix?

      Get real.

      --
      It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
  209. One district of Manhattan, not Manhattan by lysium · · Score: 1
    The service area is about a square mile. So if you are wealthy enough to live in Grammercy Park or Murray Hill, then you are priviledged enough to use Fetchaflick. Just like FreshDirect -- six-figure-income neighborhoods only, please!

    ----------

    --
    Together, we will drive the rats from the tundra.
    1. Re:One district of Manhattan, not Manhattan by Triv · · Score: 1

      Well to be fair, I didn't realise their delivery area was quite THAT small (if I did I wouldn't have posted it that way) but I really have to object at your characterization of Grammercy Park; it's not a six-figure neighborhood. It's not cheapsville either, but I live there and don't make anywhere NEAR that kind of money.

      Triv

  210. work around by scubacuda · · Score: 3, Interesting
    Perhaps someone else has said this (I haven't taken the time to look through all the replies), but what about if a rival company did something like the following:

    $20 gets you (up to) 20 movies a month. You can only have 3 out, and you have to mail each one in (like you do w/Netflix), so obviously there's no way you can really watch that many. At the end of each month, your credit *vanishes*. It does NOT roll over to the next month.

    Would this model conflict w/the patent? There is no subscription rental, but rather a fixed price per DVD rential. Functionally, however, it would be the same.

  211. Re:Other patents... (Corrected spelling) by gunix · · Score: 1

    Oh, I don't get me started on religions...

    --
    Evolution of Language Through The Ages: 6000 BC : ungh, grrf, booga 2000 AD : grep, awk, sed
  212. But walmart's service sucks by rtphokie · · Score: 1

    I was an early adopter of NetFlix and then gave up on them when it was taking 2 weeks to turn around DVDs. Joined back up again a few months ago and service has improved a bit. I joing WallyWorld's service as soon as I heard about it. I was shocked at how badly their service sucks. 9 freaking mailing days (Mon-Sat) to get my first DVD after signing up. Then I put them head to head against Netflix, mailing back DVDs on the same day from the same mailbacks. Netflix beat WalMart by 2 days on the first try and 4 days on the second. They didn't get a 3rd. I cancelled the WalMart service.

  213. At this rate by countvlad · · Score: 1

    We'll be paying "royalties" on the "method" our bodies use to carry out their various bodily functions. Imaging getting 10 cents per person per breathe!

  214. Re:Other patents... (Corrected spelling) by Anonymous Coward · · Score: 0

    That's good to hear... I won't get you started on religions either since it's pretty clear you wouldn't bring any more to the table than overheated, less than half thought out ranting.

  215. Comparing Walmart and Netflix a users perspective by greyfeld · · Score: 3, Informative
    The real issue regarding Netflix patent is how similar the the competition's DVD rental system is to Netflix. I have recently changed from a 3-disc Netflix ($20/mo) subscription to a 4-disc Walmart subscription ($21.94/mo). Why did I switch?

    Firstly, I am located in Little Rock and the nearest Netflix distribution center was in Houston. Walmart has a distribution center about 4 hours away in Bentonville. Walmart is also the master of distribution and has facilities all over the world. I was finding that even though I would receive a DVD from Netflix and return it the next day, I was only receiving about 3-4 movies a week at most due to shipping delays. I am hoping to improve on that by subscribing to Walmart's service.

    Secondly, there is a minimal price difference. For approximately $2.00 a month I could keep out a 4th DVD on loan over the price of a 3 disc Netflix account. Assuming that I will be able to receive them quicker, I should get 5-6 a week from Walmart. So instead of getting 12-15 a month from Netflix, I should get 20-25 a month from Walmart for only $2.00 a month more. Of course, my turn-around time on these must be swift to achieve this goal. In comparing the delivery, Walmart uses the exact same envelopes to mail as Netflix. Where Netflix uses a coated paper sleeve, Walmart is using a clear plastic sleeve. The queue on your account screen is nearly identical and in fact uses the same terms for how long a wait you'll have to get that hot new DVD (now, short wait, long wait). Movie selection is not as good on Walmart's site. For instance I was looking for the movies Alien, Aliens and Aliens3. These are nowhere to be found on Walmart's site. All you get is some cheapo alien movies from their bargain bin.

    In reality, the sites, delivery methods, and rental agreements are nearly identical. I believe that Walmart has a problem. And for them to be quoted as saying they were unaware of any patent pending from Netflix, well it is either stupidity on their part not to have checked it out or a case of who cares we will bury them in red tape if they sue.

    Really this is not a case of someone coming out of the woodwork like the Ebay case, but rather a first to market, successful firm patenting their business model. Nothing wrong with that and Walmart is probably scrambling in Bentonville trying to figure out what they are going to do.

  216. Hmm... I think I'll file for a patent by OrangeGoo · · Score: 2, Funny

    I'm going to patent the rental process by which users rent a DVD at no charge but must return it within 48 hours from the time they placed their order or face a $3.99 per day late fee. All orders will be shipped out via Pony Express from a warehouse in central Africa. All shipments leaving the continent will go by sail-less raft.

    I think it could make money!

  217. Re:Other patents... (Corrected spelling) by gunix · · Score: 1

    Well, that's my definition on religon (in some sense). Last comment from me on this topic.
    Let's talk about lawyers instead, I love them to!

    --
    Evolution of Language Through The Ages: 6000 BC : ungh, grrf, booga 2000 AD : grep, awk, sed
  218. Online Only or B&M too? by calica · · Score: 1

    Does this patent apply only to online rental stores or does it apply to brick and mortar stores too?

  219. Re:Tired of Stupid Anti-Capitalist Responses?? I a by Cheetahfeathers · · Score: 1

    Corporations are communist states, on a small scale. Stalin and Ford had a lot in common. People are just cogs.

    Trickle down? That voodoo economics theory that does not work and greatly widens the gap between the rich and the poor? Yeah, I remember it.

    It's not anti-capitalist to want these corporate machines taken down, in itself. I want that. I want them replaced by other capitolist structures that actually benefit all the people in a company, not just the 'top dogs' there.

    http://csf.colorado.edu/archive/2002/coop-bus/ms g0 0228.html

  220. Re:What other DVD rental services should I conside by Robotech_Master · · Score: 1

    For what it's worth, I've been contacted by their customer service dept now and they reset my account so I could re-enter my card info. We'll see what happens now.

    --
    Editor Emeritus and Senior Writer, TeleRead.org
  221. Business methods, good or bad, aren't patentable by cait56 · · Score: 3, Insightful

    Most of these comments are way off-topic. Whether or not this is a good method of distributing DVDs is not the issue, nor is whether anyone should anyone for movies at all, or how good various companies are at delivering on what they promise.

    The real issue is that however good this business model is or isn't, there is absolutely nothing that is technically innovative about it. It is a simple billing model -- something that is explicitly not patentable.

    This doesnt' even call for congressional action. Firing half of the patent department for technical incompetence and failure to read the laws they are supposed to be enforcing would be more appropriate.

  222. Only because this is the only time I'll ever post by Anonymous Coward · · Score: 0

    I'll PATENT SEX!!! NO SEX FOR ANY of you until you pay a fee!!! BWAHAHAHA!!!

  223. obligatory pulp fiction quote by tuber · · Score: 1

    -You know what they call a quarter pounder with cheese in France? Royale with cheese. You know why they call it that?
    -Uhh, because of the metric system?
    -You're one smart motherfucker!

  224. Prior Art: Diaper services by Anonymous Coward · · Score: 0

    Your example is better than mine, but here I go anyway (this is /., anyway):

    When my daughter (now 11) was in cloth diapers the diaper service worked exactly like netflix. We rented a fixed number of diapers for a fixed fee per month. Once a week we bagged the diapers we no longer wanted and left them on the porch. The diaper service guy picked them up and left us fresh diapers to replace the ones we left on the porch week before.

    1. Re:Prior Art: Diaper services by Tsu+Dho+Nimh · · Score: 1
      ... and most DVDs are crap anyway, so it's not a bad example :)

      You had a limited number of objects in your possession at any time, and they replaced the ones you didn't want with fresh ones.

  225. Patented patents... by WaldorfSalad · · Score: 2, Funny

    In other industry news, today Santa Cruz Operations (SCO) filed suit against Netflix in Federal Court, claiming NetFlix used SCO's patented business methods. According to one SCO insider, "Those NetFlix bastards think they can just patent any old thing, but we are prepared to demonstrate that we have a patent on patenting stuff, provided that the court, judge, and God himself sign this NDA before reviewing our 'Patent Patent'. We've had NetFlix on double-secret probation for a while now, and we're ready for them."

    --
    You can't have a battle of wits against an unarmed opponent.
  226. Re:They should now sue Blockbuster! by TeddyR · · Score: 1

    blockbusters strange fee hiarchy is why I went to netflix in the first place....

    --

    --
    Time is on my side
  227. Re:They should now sue Blockbuster! by Anonymous Coward · · Score: 1, Informative

    Well, reviews I've read online are telling me Netflix is losing an assload of DVD's in the mail, since they are so clearly marked for filthy fucking mailsorters to pocket. Bad part is, Netflix is passing some of the cost onto it's customers, chaarging them for lost DVD's once a few have dissapeared in a customer's history.

  228. Re:Other patents...german bread by Mazzie · · Score: 1

    Grammar Nazis rule!

    --
    Having a bookmark to Google does not make you an expert on everything.
  229. I have got it! by Anonymous Coward · · Score: 0

    I am going to patent jacking off. Monitoring usage may be a problem.

  230. Bollocks by BiggerIsBetter · · Score: 1
    It's an original business method

    No it isn't. And even if it was, 20 years* of monopoloy on a market is absurd.

    From the USPTO website:

    Novelty And Non-Obviousness, Conditions For Obtaining A Patent

    In order for an invention to be patentable it must be new as defined in the patent law, which provides that an invention cannot be patented if: âoe(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent,â or âoe(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States . .

    If the invention has been described in a printed publication anywhere in the world, or if it has been in public use or on sale in this country before the date that the applicant made his/her invention, a patent cannot be obtained. If the invention has been described in a printed publication anywhere, or has been in public use or on sale in this country more than one year before the date on which an application for patent is filed in this country, a patent cannot be obtained. In this connection it is immaterial when the invention was made, or whether the printed publication or public use was by the inventor himself/herself or by someone else. If the inventor describes the invention in a printed publication or uses the invention publicly, or places it on sale, he/she must apply for a patent before one year has gone by, otherwise any right to a patent will be lost. The inventor must file on the date of public use or disclosure, however, in order to preserve patent rights in many foreign countries.

    Even if the subject matter sought to be patented is not exactly shown by the prior art, and involves one or more differences over the most nearly similar thing already known, a patent may still be refused if the differences would be obvious. The subject matter sought to be patented must be sufficiently different from what has been used or described before that it may be said to be nonobvious to a person having ordinary skill in the area of technology related to the invention. For example, the substitution of one color for another, or changes in size, are ordinarily not patentable.

    * Typical life time of patent

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
  231. Your Points Addressed by JohnDenver · · Score: 1

    First off, it would make you seem more credible if you would learn how to -discuss- something rather than just blaring out your opinion as if you need everyone to listen to it.

    I guess asserting my perspective and criticism isnâ(TM)t part of the discussion process? I guess my bolding text to highlight major points is blaring? I guess when you do it, itâ(TM)s âoediscussingâ because my two replies definitely donâ(TM)t constitute a discussion.

    Youâ(TM)re right about one thing. I do want people to hear my perspective. I read other peopleâ(TM)s perspective, so in return I want people to hear my perspective.

    Anything else you want to nit-pick?

    1) Woolworth never got CLOSE to the scale of Walmart.
    2) Even if Woolworth -had- gotten close, would that make it any more right that Walmart was following along? No, it would just make it that much worse.


    Youâ(TM)re missing the point. Woolworth was very big in its day and it did a lot damage as far as competition is concerned, mostly because the local competition didnâ(TM)t know how to compete with Woolworth.

    Today Woolworth stores are a dime a dozen, mostly because people copied the ideas that work and added their own. Thatâ(TM)s freedom to innovate in business. The same trend is happening to Walmart. Other stores are copying the successful parts of Walmartâ(TM)s business model, and are either competing directly or finding another niche. Do you really think Walmart is going to be the only superstore in the next 30 years?

    3) How can you possibly be acting like you're fighting for small business in 1 post? I find that quite amazing.

    Wow, you really are a prick. Are you trying to marginalize my concern by saying Iâ(TM)ve only contributed 1 post for small business?

    If you care to read through my posting history you can see that Iâ(TM)ve been consistently free-market. Iâ(TM)ve always been against sweet-deals, over-regulation, corporate subsidies and using government to gain an unfair competitive advantage.

    I understand that commissioner Powellâ(TM)s âoederegulationâ is a scam. I see the growing conglomeration of media as an overregulation problem that is the product of the FCC setting the barrier-to-entry for TV/Radio broadcasting too high for small business.

    I believe that making TV/Radio broadcasting more accessible will solve our handful of companies controlling 90% of the content with economics and create opportunities.

    4) Pizza Hut would have gotten shot down for trying to patent home delivery due to TONS of prior art ... chinese, small mom and pop pizza stores, etc. If they did manage to get such a patent it would have been negated afterwards.

    Iâ(TM)m sorry for using an example that is easy to understand. People relate better to pizza delivery as a business method than they do barcoding checkouts. Often people have a hard time understanding the difference between patenting barcoding technologies, and patenting a business model where you USE that barcoding technology.

    5) Just FYI, Pizza Hut loved the delivery idea from day one. It took them a long time to roll it out to all of their markets, which allowed Dominos to dominate alot of areas. Part of the problem was with the various Pizza Hut franchises ... if you'll notice, Pizza Hut started revoking franchises about the same time they went all-out with delivery. I know, since I was a delivery driver for Pizza Hut in Wichita (the home office for PH, at least until they were bought by Tricon ... the same parent company as Taco Bell and KFC ... technically I think PH is still based in Wichita but the real power is with Tricon) during the time that delivery was made a nation-wide priority rather than just an on again off again idea ... one of my regular delivery stops was the (n

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
  232. I'm for this kind of for one reason by Traicovn · · Score: 1

    I like this for one reason. Walmart launched their own DVD subscription service a few weeks ago. I hate walmart. This means that Netflix can impose their patent on walmart now, making walmart either a.) pay them b.) battle them in court or c.) fail and shut down their service....

    I'd like to see something where they get sued into oblivion, little chance of that happening though. If each individual in America gave Walmart only 5.00 a month, they'd still make something like 1.4 billion a MONTH.

    --

    [Something witty and intelligent should have appeared here.]
    {Traicovn}
  233. Re:Other patents...german bread by Anonymous Coward · · Score: 0

    Start reporting them as stollen. ..........How is german bread going to help? If you start telling people that their DVDs have turned into german bread, they'll think you're mad.

    That's the funniest shit I've seen in a long time.

  234. YUO==T3H M0R0N F@GG0R ROFFLE LAWL by Anonymous Coward · · Score: 0

    [ ]No Karma Bonus [X] Post Anonymously

  235. This is going too far. by August_zero · · Score: 1

    I just got off the phone with the patent office, and I just patented breathing as it was discovered by my great^100 Grand father "Ooog" in 750,000 B.C. From now on, everybody has to pay me everytime that they take a breath.

    Seriously, why are people allowed to patent common sense anyone could think of it crap like this? All this does is create monopolies.

    --
    On Wall Street they say "buy low, sell high" On the pad we say, "buy high, sell high" Isn't that somehow better?
  236. How do you get around it? by JohnDenver · · Score: 1

    I agree completely. However, one thing that noone has mentioned is how easy it is to get around this patent.

    Why not be the first?

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
  237. Re:Other patents...german bread by Carnivorous+Carrot · · Score: 1

    So are the first words in English sentences as well as proper nouns, If you Get my meaning, Technical Boy.

    --
    "Has [being a kidnapped teenage girl, raped repeatedly for months] changed you?" - Katie Couric to Elizabeth Smart
  238. Re:Business methods, good or bad, aren't patentabl by Anonymous Coward · · Score: 0

    if you are right, you need to be modded up.

    if you are wrong, at least your post was the first on topic one.

  239. eCommerce + Move Rentals = Imminant + Obvious by JohnDenver · · Score: 1

    First of all, I'm not going to argue that NetFlix wasn't the first to offer DVD's over the Internet. They did what everybody was doing during the dot com boom.

    Was DVD over the Internet original? Technically, yes. ...but patents aren't granted on originality alone, otherwise anything new would be eligible for a patent.

    More importantly than being original, was renting DVDs over the Internet obvious? With the advent of the Internet and investment in thousands of new dot coms weren't the combination of economic conditions and new technology an imminent breeding ground for business models as obvious as Internet DVD rentals?

    Seriously, if NetFlix hadnâ(TM)t been the first, do you really think there werenâ(TM)t 10 other ventures right behind NetFlix with VCâ(TM)s funding them? Were business method patents really a needed incentive during the days of irrational exuberance? I donâ(TM)t remember Pets.com raising $82.5 million dollars during their IPO for their exclusive BMâ(TM)s. Come to think of it, would you really want to grant a 20-year monopoly to a company like Pets.com?

    Try to keep in mind that patents are granted to give people incentive invent new, useful, non-obvious inventions so as to promote science and technology, not a tool to hedge the risk of starting a new business model.

    Every business takes risks, especially if they are trying out a new business model. Does every business deserve a 20 year monopoly for trying a new idea?

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
    1. Re:eCommerce + Move Rentals = Imminant + Obvious by squiggleslash · · Score: 1
      Seriously, if NetFlix hadnâ(TM)t been the first, do you really think there werenâ(TM)t 10 other ventures right behind NetFlix with VCâ(TM)s funding them?
      Yes. Because the fact that NetFlix got out there first didn't stop anyone else trying it. It's only three years later that we're now seeing anyone else trying the same model. I have no doubt that if NetFlix hadn't tried it, nobody else would have. Nobody, period. Wal*Mart wouldn't be doing it now.

      Every business takes risks, especially if they are trying out a new business model. Does every business deserve a 20 year monopoly for trying a new idea?
      Again, that goes back to the issue of whether business methods should be patentable. That's another discussion.

      In a context where business methods are patentable, it strikes me that Netflix's is a perfect example of a business method that's original, took some doing to prove viable, and as such should be patentable.

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:eCommerce + Move Rentals = Imminant + Obvious by JohnDenver · · Score: 1

      It's only three years later that we're now seeing anyone else trying the same model. I have no doubt that if NetFlix hadn't tried it, nobody else would have. Nobody, period.

      I guess you never heard of MovieTrak.com who launched their service in 1999. The same year NetFlix launched their service. That's probably because they're based out of the UK.

      So I guess MovieTrak.com is nobody.

      While others weren't as quick to launch, others quickly followed suit in 2000 and 2001.

      I'm NOT denying NetFlix didn't attract competitors who were attracted by NetFlix's success. That happens with ANY new and successful business model. That's how it has ALWAYS happened, but that never stopped people from trying new business models.

      The government doesn't need to give business 20-year guarantees for trying something new, you'll end up killing the whole innovation cycle that makes our small businesses competitive in the first place.

      In a context where business methods are patentable, it strikes me that Netflix's is a perfect example of a business method that's original, took some doing to prove viable, and as such should be patentable.

      Seriously, are you a geezer or do you just lack any imagination?

      In a world of virtual machines, code morphing chips, USB memory sticks, 10 different innovations of one handed keyboards, caffeine soap, SecureID Tags with constantly changing passwords, public key encryption, Peer-2-Peer computing, Bendable Light Emissive Plastic (LEP) displays, lasers that draw images directly onto your retina, silicon chips with integrated radio transmitter/receivers, (I could really go on and on and on and on and on)

      AND MOVIES RENTALS OVER THE INTERNET IMPRESSES YOU?!?!

      I'm beginning to think this whole non-obvious clause is just entirely too subjective for being a valid criteria.

      --
      "Communism is like having one [local] phone company " - Lenny Bruce
  240. My New Cash Cow by FauxReal · · Score: 1

    Now that I've pantented "self gratification through manual or digital stimulation". I'll be able to afford that summer home I've allways wanted.

  241. Don't blame Netflix, blame Wal-Mart by Anonymous Coward · · Score: 0

    Netflix were probably just trying to cover their asses in anticipation of competition from the evil empire.

  242. Re:Other patents...german bread by Anonymous Coward · · Score: 1, Informative

    grammar

  243. Nonsense! by werdna · · Score: 1

    Don't be silly, large corporations don't get hurt by patents - sheesh.

    Except for when they do.

    If what you say is so, why is the largest software patent award to date STAC's $150M verdict against tiny Microsoft?

    And why individual inventor Lemelson got a $500M verdict against Ford?

    Sure, large corporations don't ever get touched.

  244. Re:What other DVD rental services should I conside by updog · · Score: 1
    I've been a Netflix member since 1999, but I signed up for GreenCine last month because I liked their commitment to arts and the community. Unfortunately, the first couple movies I got from them took waaay longer to receive/ship out than Netflix. And, I live about 3 blocks from their headquarters. Another thing that bugged me is that when I initially created my queue, all of the movies said "Available Now" - then a couple of days later, most of them said "Long Delay".

    So I'd recommend that you try them out, but don't cancel your Netflix account. Maybe I'll try them again in a few months, hopefully their delivery latency will decrease and their status info will be more accurate.

  245. Re:Your patent is useless for I've just patented . by Reziac · · Score: 1

    But you can't do any of that without first using one of my newly-patented bus stops! Complete with patented bench, suitable for "arranging yourself comfortably while waiting for the bus".

    (You don't wanna pay royalties? Sit on the curb!)

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  246. Simpler. by securitas · · Score: 1


    Neither did Netflix.

  247. Vulnerable by PingPongBoy · · Score: 1

    As soon as Netflix is hit by competitors doing something similar but not protected the patent won't mean anything.

    How about this: instead of giving customers a Max Out number of movies, give them 1000 discs every month and swap the 1000 with a different 1000 every month no ifs ands or buts. The customer gets a hefty selection but can't choose specific movies. Therefore there is no need for an Internet connection. The customer just picks a disk from a box. So much for all those interesting computer block diagrams on the patent and phooey on all the verbiage on "... based upon the one or more item selection criteria, an item rental queue ...".

    Every month the box is traded for a new one with unknown contents. Missing/damaged disks will be charged for.

    Still good enough for a business. It's not the Netflix way but who can really feel the difference? Customer has option to buy too. Is that cool or what?

    Then you get a rental business that is a cut above a TV movie channel - no advertising and with full DVD control. Well just when is the next generation of TV coming anyways???

    Netflix can't have a monopoly. It'll have to escalate competition out of the patent. Also, competitors will patent their escalation! Netflix, by playing hardball, might have established a precedent leading to its own destruction.

    We have exorcised the demons. This house is clear. - Ace Ventura Pet Detective

    --
    Know your pads. One time pad: good for cryptography. Two timing pad: where to take your mistress.
  248. Re:Other patents... (Sitting on movies 1.5 Weeks) by JumperCable · · Score: 0

    I got tired of this too. I bagged them a couple of months ago for that & lousy "I don't give a sh*t" customer service" and subscribed to Walmart's DVD selection.

    Currently I am getting a 1 week turn around (from my mailbox to the new movies back in my mail box) which I think is pretty cool and what I expected. Walmart receives & ships movies on Saturdays. Also they claim that "The USPS will track return envelopes. When we receive information from the USPS that it has received a return envelope from your account, we will ship you the next title"

    Not that I am wildly pro Walmart but Netflix evidently is growing too fast bringing in new customers to give a squat about their current customers.

    -Cable Jumper
    Me: "So when when I mark a movie as bad what do you do? Do you run a scan check on them or toss them in to see if they just start up?"
    Customer Support: "I can't tell you want we do it's a trade secret."
    Me: "So basically what you are telling me is that you send the movie back out to the next poor shmuck to see if he marks it as bad & if he's too lazy to mark it as bad you just keep on sending out the bad movie."
    Customer Support: "Just don't mark the movies as bad anymore."

  249. Re:Only because this is the only time I'll ever po by EnglishTim · · Score: 1

    This is Slashdot. I can't see you making much money, somehow...

  250. My patent by Cackmobile · · Score: 1

    A refreshing drink made from water, hops and barley.

    --
    -- Karma Karma Karma Karma, Karma Chameleon - Boy George
  251. Re:Other patents...german bread by Anonymous Coward · · Score: 0

    However, verbs in the middle of English sentences are not, Capital G Boy.

  252. Prior Art at the Chinese Buffet by stinkydog · · Score: 1

    I believe that I have experienced prior Art at the Chinese Buffet

    1. Start
    2. Pay for rights to buffet
    3. Move to buffet and select food
    4. Return Food to table
    5. Still food on the plate (Yes=repeat 5 No=next)
    6. Stomach Full? (Yes=next No=goto 4)
    7. Visit bathroom and release?(Yes=Take Pepto and goto 4 No=next)
    8. Wait until stomach settles (Yes= goto 4 No=End)

    Sorry Neflix

    SD

    --
    âoeWho knew something as harmless as willful ignorance could end up having real consequences?â
  253. Bingo. by raehl · · Score: 1

    Microsoft *IS* more attractive to a *LOT* of customers. There are millions of people out there who use Windows instead of Linux because they WANT to. Just because you don't LIKE that doesn't mean it's not true.

  254. Not at all... by raehl · · Score: 1

    Walmart came along well after a patent on grocery stores would have expired.

    I'm not saying 20 years is the right number, but if no one can implement new ideas without companies like walmart coming along and coopting it once all the risk has been removed, no one will invest in implementing new ideas.

  255. NetFlix Recommendations - Not To Be Trusted by Lagged2Death · · Score: 1
    IMO, there really are no alternatives to the service Netflix can provide. Specfically their ratings and recommendations model.

    Did you see the Wired story about NetFlix? NetFlix recommendations are essentially for sale to the highest bidder. Studios can pay NetFlix to recommend movies, spuring DVD sales.

    A quote:

    As a Blockbuster sister company, it [Paramount] has no revenue-sharing arrangement with Netflix. So while Netflix stocks Paramount movies, it doesn't promote them in any way. No matter how many Mel Gibson romantic comedies you rate highly, What Women Want will never be recommended to you. The Netflix effect? What Women Want was the second-most rented film of 2001 overall but didn't even make the top 100 on Netflix.

    The upshot: NetFlix's recommendation system exists strictly to earn NetFlix more money - even at the expense of helping you find movies that you like. It's a case where a company is willfully worsening their customer service in pursuit of profit - the opposite of the way capitalism is supposed to work.
  256. Re:Other patents...german bread by Anonymous Coward · · Score: 0

    it was a joke you tard, the misspalling was on purpose

  257. Tried GreenCine, cancelled before shipping by RobertB-DC · · Score: 1

    Thinking that there could be no better recommendation for GreenCine than that of Slashdot, I signed up. I figured it would be worth trying out, if only to see how slow the shipping would be from Cali to Dallas.

    Then, I started putting movies in the queue. What appealed to me was the huge selection of Anime that's not available at Netflix. So I started putting them in the bucket.

    Cardcaptor Sakura #3: Long Wait
    Chobits #1: Long Wait
    Fruits Basket #3: Available!
    Mahoromatic #2: Long Wait
    Love Hina #1: Long Wait

    Out of 16 anime movies I put in the queue, only three were available -- and one of those was almost a gimme (Panda! Go Panda!, an early Miyazaki film, available on Netflix anyway).

    With a 3/16 ratio of available-to-long-wait, I decided it wasn't going to be worth it. I cancelled before they shipped anything, so hopefully I at least saved GreenCine a couple bucks in shipping costs.

    I like the GreenCine "community" concept, and I think they've got a great chance. But they've got to mature a bit before I move my 400+ Netflix queue over to them. I haven't had any trouble with Netflix in my entire six months... I'm just glad I'm not on the New York area!

    --
    Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.