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Judge's Ruling Spares 1-Click

theodp writes "Agreeing with Amazon's characterization of its 1-Click feature as a feature of an electronic product ordering system and not an electronic fund transfer or transaction system, a Judge has tossed out a $50M lawsuit that threatened Amazon's 1-Click patent. But outside of Court, Amazon touts its patent-pending Amazon Honor System as a way for Web sites to use 1-Click shopping technology for voluntary payment transactions - most notably for 9-11 donations and campaign contributions - that do not involve consumer goods or Amazon-specified prices, which the Judge argues are essential 1-Click ingredients."

44 of 120 comments (clear)

  1. This is what happens when... by DAldredge · · Score: 4, Insightful

    This is what happens when you are the ones who give the whores in DC money to write laws and regs for you.

    Large companies in the US are not held to the same standard as others are.

  2. Re:but... by Daengbo · · Score: 4, Insightful

    Regretfully, what happens in civil court doesn't orften reflect the outside world. I think another suit will have to be filed with Amazon's claims as part of the complaint for them to be taken seriously and the patent thrown out (or at least clarified).

  3. One-click shopping by memodude · · Score: 4, Insightful

    How can a company patent one-click shopping? If you think about it, one-click shopping is just a system for storing credit card info and address info in an account, then facilitating purchases without requiring to enter that info again. Software patents are just pathetic.

    1. Re:One-click shopping by stinerman · · Score: 5, Insightful

      Indeed, how is it different from clicking submit when I complete this post?

      The /. servers store my username, preference settings, etc. I only have to login the one time to my account so I can single-click the submit button to post my statement.

    2. Re:One-click shopping by Dashing+Leech · · Score: 4, Insightful
      How can a company patent one-click shopping? If you think about it, one-click shopping is just a system for ...

      You objection seems to be that such a system is obvious. I wholeheartedly agree with you there. There are rules against patenting the obvious, and things like this seem to be slipping through. However, then you say:

      Software patents are just pathetic.

      It's not clear how the former justifies the latter statement. The patent on 1-Click appears to violate the existing rules for patents on obviousness. There are also plenty of non-software patents that violate such rules (playing with a cat using a laser pointer, the combover, etc.). So how does any of this show that software patents in particular are pathetic? Or was it a non-sequitor?

    3. Re:One-click shopping by Sebby · · Score: 4, Insightful
      So how does any of this show that software patents in particular are pathetic?

      The other non-sw patents you mention are simply ridiculous. Software patents are pathetic since they are purposly broadly written so that pretty much anything done with a computer (even if it already exists in the non-software world) will infringe. That's pathetic.

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    4. Re:One-click shopping by iabervon · · Score: 2, Insightful

      Software patents are pathetic since they are purposly broadly written so that pretty much anything done with a computer (even if it already exists in the non-software world) will infringe.

      The LZW patent (which caused problems with GIF) was (despite it's other flaws) written sufficiently narrowly not cover anything done with a computer other than compression, and not cover the methods of compression used in gzip, JPEG, or PNG, or run length encoding. So your statement not only isn't true of all software patents, it's not even true of all bad software patents. (The inventor of LZW published a paper about it more than a year before filing for the patent; this is supposed to prevent getting a patent, because people will learn of the invention from the paper and think the technique is unencumbered, which is what happened with GIF).

      The patents on techniques used to compress and decompress MPEG4 seem to me to be just as valid as patents on new can opener designs.

    5. Re:One-click shopping by johnny_sas · · Score: 2, Insightful

      " So your statement not only isn't true of all software patents, it's not even true of all bad software patents." Yeah, riiiight, ok, so how about an example of a *recent* software patent that *doesn't* include everything but the kitchen sink in its description, instead of an ancient, no-longer-valid patent as a poor example for a poor argument?...... .... ... Thought so.

    6. Re:One-click shopping by the_2nd_coming · · Score: 2, Insightful

      algorithms are mathematical constructs. mathematics are discovered which means that algorithms are discovered as well, unless you want to suggest that mathematics should be patentable as an invention.

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      I am the Alpha and the Omega-3
    7. Re:One-click shopping by Dashing+Leech · · Score: 2, Informative
      The other non-sw patents you mention are simply ridiculous.

      So how does that differ from the 1-Click patent? There are tons of other "obvious" non-software patents out there.

      Software patents are pathetic since they are purposly broadly written so that pretty much anything done with a computer (even if it already exists in the non-software world) will infringe.

      First of all, all patents are generally written as broadly as possible. Any good patent lawyer will tell you that. In one patent seminar I was at a few months ago, the main lecture was on the biggest mistakes in patenting and #1 was patent claims that are too narrowly focused. Inventors tend to focus on the functionality of their invention rather than the innovations of all the components. Even a nut and bolt can be patented if it is used in a new way or has a new feature. (I'm not saying this is a good thing, but it is what patent lawyers do.) So, your complaint isn't specific about software patents, it's a general problem as well.

      Second of all, there are a multitude of genuinely useful and innovative algorithms (implemented in software) that deserve patenting as much as any useful and innovative device. Some examples include algorithms for high-performance mass spectrometry and target recognition.

      I think there's been a lot of hype about software patents, but so far the arguments seem to have nothing to do with software specifically, just an outdated patent system and poorly applied rules. A good starting point to fix this was recently presented on Groklaw.

    8. Re:One-click shopping by Dashing+Leech · · Score: 2, Insightful
      algorithms are mathematical constructs.

      Very over-used, over-simplified, and wrong argument. Algorithms are procedures and methods. Mathematics is only one technique for writing the method down. But even if written in mathematics it does not mean it was "discovered". Discovery implies it is a universal truth and is inevitably achieved. This is true if the mathematics is a proof(e.g., Pythagoras theorum) or new form of performing mathematics (e.g., Calculus). It is also true of physcial laws. But it is not true of a procedure (e.g., image processing algorithms, data mining techniques, etc.). These procedures are neither fundamental truths nor are they inevitable; they are often works of innovative and ingenious individuals.

  4. Pay the judge... by akabigbro · · Score: 4, Funny

    When you have the money, just pay the judge off. It's the american way.

    1. Re:Pay the judge... by weorthe · · Score: 2, Interesting

      You are oversimplifying the system. How it works is: When you have the money, just endebt the politicians to you (with camaign contributions of course), who will then avoid appointing judges unsympathetic to your causes. It's the american way.

      --
      cat * >> sig
  5. Re:but... by stinerman · · Score: 5, Funny

    Interesting, but you must realize:

    Devising a 2-click shopping mechanism is simply the 1-click mechanism two times. Now you're in violation twice.

  6. Re:but... by davesplace1 · · Score: 5, Interesting

    Some of these patents are way out there. I like to shop at Amazon, but a one click patent, come on? It reminds of that company that tryed to patent linking, now that would have killed the internet, crazy.

  7. So... by marktaw.com · · Score: 4, Interesting

    This ruling doesn't actually say that 1 click ordering is a good and just patent, it just says that it doesn't infringe on another similar patent, is that correct?

    In other words, if someone else were to implement 1 click ordering, and Amazon sued them, this case would have no bearing on that one.

    1. Re:So... by tonsofpcs · · Score: 2, Interesting

      Yes, this is correct, this case does not determine if or if not the 1-click patent is a just and valid patent.

    2. Re:So... by geg81 · · Score: 2, Interesting

      "In other words, if someone else were to implement 1 click ordering, and Amazon sued them, this case would have no bearing on that one."

      That is correct. Basically, the judge said that the 1-click system Amazon implemented does not infringe the '055 patent. Whether and what Amazon has a patent on one-click doesn't matter.

    3. Re:So... by lspd · · Score: 2, Insightful

      Basically, the judge said that the 1-click system Amazon implemented does not infringe the '055 patent. Whether and what Amazon has a patent on one-click doesn't matter.

      But as a nice bonus, anyone using a 1 click ordering system can expect to be sued by two companies now. Keep up the good work USPTO.

  8. Patenting the act of programming???? by 3seas · · Score: 4, Interesting

    Programming is the act of automating the use of complexity, usually made up of simpler complexities, so to enable the use and reuse of the complexity by the user of that complexity, easy.

    There is a world of prior art here, going back even before computers were invented, to the initial use of abstractions to express a more complex thought.

    1. Re:Patenting the act of programming???? by fireman+sam · · Score: 3, Funny

      "act of automating the use of complexity, usually made up of simpler complexities, so to enable the use and reuse of the complexity by the user of that complexity, easy."

      That statement sounds VERY patentable.

      --
      it is only after a long journey that you know the strength of the horse.
  9. This is slly by AvitarX · · Score: 4, Interesting

    Even if one-click was leitimate (which O'reilly said it very well may be) the honor system is definatly not non-obvious building on the first. So the honor system certainly shouldn't pass.

    PS, I think software patents are bad, but in the framework that they are legel there is a case to be made for one-click.

    I am more pissed that software patents tend to patent ideas and not implementations (the source code). If a software patent required the code to the application, whch would then become public domain it would make a lot more sense.

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    1. Re:This is slly by DelawareBoy · · Score: 2, Informative

      The reason that why source code is not patented is because it is already covered under copywright law.

  10. Mutter, mutter by jd · · Score: 4, Insightful
    Amazon "wins" by telling the judge the one-click stuff is for one thing, but tells the public it's for another. I thought lying to a judge was contempt of court. And if they didn't lie to the judge, then they're lying to their consumers, which is false advertising and possibly fraud.


    I don't see how any company thinks it can win by trying to pull this kind of stunt. Well, other than by the fact that companies usually do win by pulling this kind of stunt, because nobody really pursues it, since they expect the company to lie through their teeth anyway.


    That, I think, is the biggest problem. Because nobody expects a business to have any integrity, they don't do anything when that proves to be the case. If you want better, sometimes you've got to believe you deserve better and do something about it.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:Mutter, mutter by dirk · · Score: 2, Informative

      While I don't like the idea of a 1-click patent, they did not lie to the judge. Their arguement was that the patent covered uses on their web site, which it does. The patent can be used for other things, but their patent was originally for the use of 1-click on their site. It is not a fund transfer system, although it can be adapted to be used as one. Basically, they are saying the main use is as a web site purchasing tool, and any other methods are secondary to that. Just because it can be adapted to operate similar to another system, does not mean it is that system. Just think of the patent as if it were on a baseball bat. The patent would be for it's use as a piece of sports equipment. It could be used for self-defense, but that doesn't mean it is a piece of self defense equipment.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
  11. Patents... by Swedentom · · Score: 5, Funny

    First Microsoft filed a patent for double-clicking, and now Amazon has a single-click patent. Geez!

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    Sig Nature
    1. Re:Patents... by desplesda · · Score: 2, Interesting

      Triple clicking appears to be the way to go, then.

      Unless MS already patented 'Repeated clicking on a window in order to elicit response'.

  12. Welcome to Reality by serutan · · Score: 4, Interesting

    Surprise! Your 9th grade social studies book was wrong. America is not a Democracy, and it's not a Republic either. It's an Oligarchy disguised as one or the other. People like Jeff Bezos aren't merely above the law, they get to surf on it.

    1. Re:Welcome to Reality by tindur · · Score: 4, Insightful

      A republic can be an oligarchy.

    2. Re:Welcome to Reality by tindur · · Score: 2, Informative
      Res publica is the opposite of private matters so it doesn't really say how the public matters are dealt with.

      Anyway today a republic is the opposite of a monarchy. So altough The Democratic Republic of Germany might not have been democratic it sure was a republic - something the UK isn't.

  13. One click shopping and alcohol... by Seabass55 · · Score: 2, Funny

    Do not mix...

  14. Amazon seems to have invented 1-click patenting by jchap · · Score: 2, Interesting

    Companies should compete on their implementation of ideas rather than the ideas themselves. Amazon's implementation of 1-click is so excellent that it makes me want to shop there rather than anywhere else. Amazon's attempt to patent 1-click makes me want to shop elsewhere.

    I hereby claim my patent: 1-stick.

    "A method that allows multiple users to, using a single mouse operation, to stick their finger up at Amazon."

  15. I've already got a better system... by Anonymous Coward · · Score: 5, Funny

    I've already got a better method. I've patented 0-click shopping. If you mouseover anything in my store, you buy it. I've placed all the popular items in the center of the pages with the overpriced crap around it.

    Combined with my no-return policy, business is booming!

  16. How about workarounds? by mdemeny · · Score: 3, Interesting

    This may be a nutty idea (as I'm still hungover this morning), but let's say you coded a form to accept a click input, then submitted to a second page which then did the second 'click' via JavaScript or some other silly method, would that violate the patent? Technically it's a two-click method, but would appear as a one-click method to the user.

    Have they patented the process, or have they patented the 'look and feel' - which cannot be patented (to the best of my knowledge)?

    1. Re:How about workarounds? by LiquidCoooled · · Score: 2, Insightful

      One click is actually 2 events if I'm not mistaken.

      I am going to impliment the all new

      "MouseDown/MouseUp Purchasing Combination" ;)

      --
      liqbase :: faster than paper
  17. Zero-Click Shopping by Servo5678 · · Score: 4, Funny

    I'm suddenly reminded of the Dilbert comic where Dogbert explains that he has patented "zero-click shopping" and that if Dilbert doesn't click the mouse soon, Dogbert will have to ship him some books.

  18. Heh by Mephie · · Score: 4, Insightful
    And yet, still, virtually every time a slashdotter posts a link to a book it's an amazon.com link.

    Look, if you're so outraged by Bezos and his stupid fucking patents, STOP SHOPPING AMAZON and STOP ENCOURAGING OTHERS TO DO SO. Might I recommend bn.com or, God forbid, get off your ass and drive to your local Mom and Pop bookstore? The latter is almost certainly more deserving of your loyalty than is Amazon.

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

      Yep. Absolutely.

      There are still some REAL shops around. Visit these. There, you can

      1) order a book and, while doing so, chat up that awfully attractive French philosophy student who is doing her "stage" in YOUR city

      2) handle & turn pages in REAL books

      3) open a book that looks interesting and actually SMELL that great perfume of fresh print ink and new paper -- not to speak about the subtle pleasure of being the first to crinkle the back / binding of a virgin book

      All these, you cannot do at Amazon, for Amazon is NOT a real shop.

      --
      Religous speak to God. Insane are spoken to by God. When all shut up, one can finally hear Shostakovich in peace
  19. 1-click fraud by Sebby · · Score: 3, Funny
    Gee, making it so 'easy' to purchase something with only 1-click kinda tells me it's gonna be that much easier for fraud to occur - Yes, thank you Amazon and the PTO!

    --

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  20. BMG has had zero click shopping for years. by Belial6 · · Score: 2, Insightful

    It's been around for ages. BMG "music club" has had zero click shopping for years. If you don't tell them NOT to ship the cd, you get it and are billed.

  21. Americans by Anonymous Coward · · Score: 2, Informative

    I hate to say it, but Americans are *screwed*. The real reason for things like software patients isn't to fight other big companies - they are already well down the MAL (mutually assured litigation) path, the real reason is to stop new people entering the business world, and to keep the economic caste system well in place.

  22. lawyer firm too good? not enough billables? by ars · · Score: 2, Interesting

    Did anyone else get the feeling from the Lawyer Press release that they were disapointed that the case was over so quickly? Loss of billable hours and all that?

    --
    -Ariel
  23. Dogbert by Rufus88 · · Score: 2, Funny

    Reminds me of the Dilbert strip where Dogbert patented no-click shopping.

    You better click something or I have to ship you some books.

  24. Not quite by BrianWCarver · · Score: 2, Informative

    The poster (and most replies) misunderstand what's happened, probably because they don't have access to the judge's opinion (I looked at it through Lexis) and because they didn't read the CNET article.

    Amazon was sued for allegedly infringing IPXL's patent. IPXL's patent was VERY specific and the court found that Amazon's 1-Click system did not do all of the things that IPXL's patent claimed as their own invention, hence Amazon won.

    It is true that PART of Amazon's defense was that the 1-Click system is not an Electronic Funds Transfer (EFT) system. The poster suggests this is disingenuous because they are touting their EFT capabilities in the CNET article. However, the article explains that Amazon is seeking OTHER patents to cover those EFT systems, and so the 1-Click technology is not relevant to those applications unless it turns out to be prior art. It might seem obvious to the lay person that it is (and probably it should be) but the lawyers writing patents for Amazon get paid a LOT of money to write good patents, and you can be assured that they will find a way to write up these new patents in such a way that the 1-Click technology is not invalidating prior art.

    If you want to be irked with something, it's not this judge, Amazon, or even the lawyers involved that should upset you. They are dealing with the system they've been handed. Only Congress can decide that software patents themselves are a bad idea, so tell them you want to see a change if you're upset by all of this. Complaining about the rest of it is misguided and won't solve anything. The only other thing you could do is donate to EFF who is actively involved in busting bad patents. See link in sig.

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