Amazon Sued for Patent Infringement
theodp writes "Amazon's 10-K SEC filing discloses that the e-tailer has been sued for infringing on Soverain Software patents for Network Sales Systems (5,715,314 & 5,909,492) and Internet Server Access Control and Monitoring Systems (5,708,780), aka the Open Market patents, aka the Divine cashectomy patents, which Soverain obtained in the wake of Divine's bankruptcy sale."
Is it just me, or are more and more companies trying hard to find every single person/company and sue the crap out of them?
5,715,314 is ultra-general. One could use this patent to sue every site on the 'net that uses secure E-commerce. I suspect the judge will bend over backwards for Amazon. If Amazon looses, it will be one of the most destructive legal precedents in US history.
Come on.. Amazon's patent of cookies (which they didn't invent) and web browsing (which they didn't invent) and the Internet (which Al Gore invented) aka One Click Shopping, makes them a deserving target for another stupid USPTO case.
Can somebody tell me which government agency is actually run by sane, competent people?
You know what would be a great idea? X. Too bad it would cost a bunch of money to develop X into something usefull...if only there were some way to help try to ensure that I could recover the money I spend developing it...
There are a couple of problems with this logic. First, you're worried that someone will rip off your idea. Patents were designed in a day and age when the things being patented were *simple*. An industrial process, or a simple machine. The thing is, it's *really hard* to just duplicate the functionality of a worthwhile piece of software. If you can't just take the software (and copyright takes care of that), it's generally not going to be cheap or quick for you to reimplement the idea...and in that time, the original person has moved beyond where he was. Software needs patents much less than old processes once did.
Second, you're giving an example of an exceptional idea, something really amazing. The problem is that software development is so complex compared to earlier systems that you could find something to patent in almost every new system made. This is, frankly, not how the patent system is intended to operate at all.
Third, you talk about "expense" of developing the new idea. It really *was* expensive to develop some older things -- if you want to build a new machine and figure out how to make it work well, it could take many years and lots of expensive and painstaking ironwork -- and the simple result could be copied. However, software is (comparably ) incredibly cheap to work with. You think, write a hundred lines of code, and you have an implementation to test out and work with. You don't write up a blueprint and then have an implementation to test two months later.
Fourth, older devices were much more static. A plow is a plow is a plow. Maybe someone comes up with a way to hollow out part of the thing and make it lighter...then no improvements for a while. In the software field, there are constantly surging improvements. The whole goal of an engineer is to improve on existing systems...rather unlike the masses of plow companies, that might just produce different plows of roughly the same design. Patents are *much* more onerous in software.
I worked in a research lab for a while, and I think that I can safely claim that software patents are minimally useful to society. It's fairly rare that a really good, reasonable, legitimate software patent exists -- the type of research encouraged by software patents is of the "lock people out" variety, rather than the "make something better" variety. I do not think that research would be signifiantly impacted by a lack of software patents, and I *do* think that software engineering would be much easier.
May we never see th