FFII vs. Amazon Gift Ordering Patent
Elektroschock writes "The Foundation for a Free Information Infrastructure fights in court against Amazon.com's Gift ordering patent. It is about ordering gifts via email and phone communication. Amazon's gift ordering patent is seen as a danger for webdesigners and E-Commerce in Europe. It is derived from the well-known Amazon.com's 1-click patent. The flowers distributor Fleurop and Germany's Computer Acience Association "Gesellschaft fur Informatik" untertake similar legal action against Amazon's trivial patent. FFII's Hartmut Pilch said the fight against patents was not over. It is a cheap opportunity to get some exercise in patent litigation."
I'm not defending Amazon or the patent process by any stretch of the imagination. I worked for an online calendaring company, and somehow got my name on the patent for the ability to search metadata online. Which of course was silly. I and the developers pointed out that it was silly and revolted against the filing of the patent.
The lawyers convinced us that filing the patent is the only way to prevent someone else from filing a patent, covering your technology, and then suing you, forcing you to PROVE to a court (always a chancy thing) that you had created prior art. And quite frankly every innovation we made to our online calendar showed up 3 months later in someone elses calendar. In fact we even found instances where people had literally cut and pasted our code, comments and all!
So we knew that there were unscrupulous bastards out there, willing to completely rip us off. So bearing that in mind, we agreed to file for patents, not so much to enforce them, but to protect ourselves from future suits. I agree, if the system was healthy and working, we wouldn't need to have done that, but the system is already full of sharks -- I don't blame people for getting shark repellant. Applying for the patent HAS to be done nowadays. Enforcing the patents is when I start to get mad. I know it's a fine line, but scruples and business operate in different realities.
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