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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."
It's official - software development is now a relic of the Old Economy where companies actually create products. So passe'. The New Economy is all about data mining for litigation.
And then while we're too busy in the courtrooms to notice, and our production skills so atrophied from lack of use, the aliens will land and take over.
"It's a cookbook!!!"
I am going to be hiding in some bunker in a fetal position (unless that is patented too) because very soon, individuals like us won't be able to do anything without law enforcement arresting us. FBI (and RIAA) monitors my internet activity waiting to catch an illegal thought (or illegal byte). Corporate lawyers are watching everything every small biz does, to see if we violated any patents or copyrights, so that they can sue our savings out of us. Where is the freedom that we constantly preach to others?
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Regarding the first patent ever granted anywhere, "In return for his monopoly, John of Utynam was required to teach his process to native Englishmen."
Later, when the U.S. came up with its patent laws, it went like this: "The Congress shall have power . . . to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writing and discoveries."
Nothing really about protecting small businesses. It has always been about sharing knowledge with the public in exchange for a limited-term monopoly. In practice, this rarely has the effect of protecting small businesses, most of which make their money off of actually doing stuff, not litigating.
Personally, I think patents are a bad idea in the general sense. Ideas are worthless in real business, it's always the implementation that counts.
However, in the present reality, patents aren't going away any time soon. It seems to me that if one must extend the patent concept to software, the only real way to get the public benefit demanded by the patent system is to require working source code to be published with the patent.
Old people fall. Young people spring. Rich people summer and winter.
Are all of you forgetting that only a few years ago, some laywers were actually thinking of applying for patents on specific stylized basketball moves, so players could "protect" their "style"? And famous boxing ring announcer Michael Buffer(sic) has the phrase "Let's Get Ready to Rumble!" trademarked. If you tried to use that phrase as an announcer on a sports show, he could sue you for trademark infringement. -rl
Every other form of invention or creative work is protected by either copyright or Patent. Not both. Software should only be copyrightable not patentable because it is an expression of an idea. This allows other entities to emulate, imitate, and make competing versions of the idea. Patents protect an idea or invention. Copyrights protect a particular expression of an idea. Copyright terms need to be shortened for certain but software patents are extremely disruptive because they do not require that the actual code even be written. In addition patents are far more expensive to obtain than copyrights and they benefit mainly those with big pockets and those who think they are gonna use the patents to sue big pockets.
The other big problem with software patents is that the Patent office is totally out of touch and is essentially selling patents, not reviewing them.
Business models and methods should also not be patentable
Wow, I'm inspired. What better way to make a living than to let somebody make a fortune through doing business, and then extract that fortune from them by using lawyers and a piece of paper that says "I thought of it first" that they hand out at the patent office like candy.
I'm going to run to the patent office tomorrow with my new patent idea:
A method of extracting capital from another party by patenting a method that the aforementioned other party has already successfully used to earn revenue.
No, wait... I think that's a little too specific for the patent office. Patent plan B:
I'm rich!A method by which a party, called the 'seller' receives monetary compensation in exchange for providing goods and/or services to a second party, called the 'buyer'.
One way to fix this is to get rid of software patents altogether, as the European Parliament vote in September 2003 tried to do.
But as long as American lawmakers don't understand the damage done by software patents, one other possible workaround would be to build a Software Patent Defense Organization (SPDO) after the model of NATO. I described that briefly in a book on software patents I published in 2002 (in German).
The basic idea would be to copy Article 5 of the NATO Treaty. Members of the SPDO would treat any software patent based attacks on any member as an attack on themselves and promise to retaliate with all means at their disposal.
That might be a deterrent even for those obnoxious outfits that have no business themselves except that of suing from overbroad patents, so they can't be impressed by any counterclaims based on defensive patents. They would still need to assess the threat of having to fight every member of the SPDO at the same time.
The IBM and Apache open source software licenses cancelling all rights in retaliation to a software patents based attack are one step in this direction. But stronger measures might be necessary to keep the system from collapsing.
Basically it's just like spam. With the amount of damage by spam rising exponentially, people get annoyed and angry, and start to ask for strong countermeasures. With the amount of damage by software patent lawsuits rising, the same will be true here.
If even Amazon gets sued, now might be the point to start considering building a collective retaliation option.
Lenz Blog
'Ignorance of the law is no excuse.' I had that quoted at me by a judge long ago (I was 18, and had a *lot* of speeding tickets).
Is there anyone out there who could rattle off every law we have on the books?
I am often fond of saying, "You break the law as soon as you wake up in the morning." I can't think of *anyone* I have *ever* known in my entire life that hasn't broken a law at least once a day. (Those who are in comas need not apply)
Take your car. You have a air freshener hanging from the rearview mirror? That's reason enough for a cop to pull you over - obstructing your view. Driving to work? Did you signal every turn? Did you look both ways? Is your gas door open? (I got pulled over for this.)
Your computer. How many have at least one mp3 or software program you 'shouldn't' have? Copyright infringement. Coding software? You've probably run into a software patent and don't even know it. Bought cigs for your kid brother? Spank your child in public? Pee on the side of the road? Stole a pencil from work? Ate a piece of candy from the bin at the grocery store? Have a garage sale without a permit? Give false information on your taxes? Walk across the middle of a street? Litter? Give someone the finger?
Granted, lots of this stuff is just rude behavior, and some of it isn't illegal where you may live, but who can possibly know all the laws on the books at any one time? God forbid you travel to another state and have to do two weeks of research in order to make it to the other side.
People will decide that they have no choice. Ignore it. Why bother? Everything you do is illegal, and moreso every day. Corporations ignore the law, and when caught, ignore the punishment. Politicans are making more laws all the time, yet are largely above the law.
I'd love to say that freedom for the US will be decided this November 2nd, but I know better, and I wish more people did too.