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Amazon Seeks Personal Search History Patent

theodp writes "The USPTO has published Amazon.com's patent application for Persistently storing and serving event data, which describes a9.com's personal search history feature and lists a9.com CEO Udi Manber as an inventor. Interestingly, claim 48 describes a user interface that responds to a user's request to "delete" his search history by rendering it "undisplayable" to him, but still leaving it accessible for other uses. When filed back in 2003, Amazon asked the USPTO not to publish the application, but rescinded that request last May, presumably in anticipation of its filing for an international patent."

148 comments

  1. Right idea, wrong title... by aendeuryu · · Score: 5, Funny

    Interestingly, claim 48 describes a user interface that responds to a user's request to "delete" his search history by rendering it "undisplayable" to him, but still leaving it accessible for other uses.

    Holy cow. I think they should change the patent claim from "Server architecture and methods for persistently storing and serving event data" to plain old "Evil".

    1. Re:Right idea, wrong title... by Gordonjcp · · Score: 1, Informative

      I think that's illegal in the UK, at least.

    2. Re:Right idea, wrong title... by Anonymous Coward · · Score: 0, Troll

      Not a problem. I just made myself a NON Amazon customer. You TOO can rebell, do the same AND tell them about it in their response mail. I of course sent the patent description as my comment.
      FU Amazon and others like you!

    3. Re:Right idea, wrong title... by Anonymous+Brave+Guy · · Score: 2

      Unfortunately, while IANAL, I'm not at all sure that's the case. Please see my later post on this subject.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    4. Re:Right idea, wrong title... by MightyMartian · · Score: 2, Insightful

      UPDATE cust_table SET visible=0 WHERE cust_id=284233;

      Truly amazing. What a unique and original system. I can't imagine anybody ever used such a thing before.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    5. Re:Right idea, wrong title... by Anonymous Coward · · Score: 1

      To anybody who is even nominally skilled in a programming, its obvious.

      But to non-technical types, this is a whole new idea, and it unique and deserves a patent.

      That's the thing about software. It makes "reality" infinitely maleable and confuses non-technical types.

      Its why I assume anyone who talks about how software patents protects "IP" as someone who is a bit naive about computers and programming.

      Unfortunately, its these people writing the laws.

    6. Re:Right idea, wrong title... by Anonymous Coward · · Score: 1, Interesting

      At what point do we have to just say "screw your laws, here are ours"? I think we're fast approaching that point, myself - but we haven't got a full set of our own laws yet.

      Taking freedom of information as basic, what would the legal system look like?

    7. Re:Right idea, wrong title... by Alsee · · Score: 0

      Don't worry, that's not a valid patent claim. It's already covered under the "lying to your customers" patent.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:Right idea, wrong title... by paedobear · · Score: 1

      It's before my time, but there's older EU-level legislation that makes it illegal - Certainly we were taught that the way that databases delete had to be changed in the early/mid-80s due to EU legislation.

  2. Please delete...sort of... by mtz206 · · Score: 4, Interesting

    responds to a user's request to "delete" his search history by rendering it "undisplayable" to him, but still leaving it accessible for other uses
    Nice. Let's just hide the data from the person its associated with, but allow everyone else to see/use it. I wish ChoicePoint had this option.

    1. Re:Please delete...sort of... by mr_zorg · · Score: 1

      ...other uses. Not other users. Doesn't necessarily mean everyone else can see it. Perhaps they will continue to use it to customize what you see on their pages, etc. I don't think this is inherently evil, though it certainly could be.

    2. Re:Please delete...sort of... by Anonymous Coward · · Score: 1, Informative

      This is illegal in Austria. On request an organization has to delete any data of the requesting person. And the laws means deleting, not hiding. I think other countries will have similar laws. So it's a) pointless as an international patent and b) simply unethical.

  3. congrats! by Coneasfast · · Score: 4, Funny

    combine this with amazons one-click patent, and you have THE most innovative company in the industry,

    thank you, amazon, you are truly a benchmark in technology progress.

    --
    Marge, get me your address book, 4 beers, and my conversation hat.
    1. Re:congrats! by Anonymous+Luddite · · Score: 1


      at least they limited the patent to web site activity:

      <<A web site system includes an event history server system that persistently stores event data reflective of events that occur /SNIP

      I'd hate to have to turn my bash history off to remain legit. :-)

      After reading 3 lines of it, I'm thinking it's so vaguely worded that there must be *lots* of server-side code that counts as prior art.. Hell the "shopping cart" project a lot of us did in college probably counts. It used session IDs and User IDs and persistent storage...

    2. Re:congrats! by CrackHappy · · Score: 1

      Thanks for pointing out the obvious issue with this patent. There is so much prior art on this partcicular patent, I would be amazed if it both was granted as a patent and if it passed any sort of courts muster. I myself have created a few different web site projects prior to this patent application that would qualify!

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d Capitalization really works: i helped my uncle jack off a horse
  4. but why ? by puiahappy · · Score: 3, Insightful

    Everytime something good is about to happen there will be somebody to take that away from us why ? why ? why ?

    --
    Think like a hacker, act like a hacker, but never become a hacker !
    1. Re:but why ? by roman_mir · · Score: 1

      it's the magic word.

      Money.

    2. Re:but why ? by Lord_Dweomer · · Score: 1
      Just because they got a patent on it doesn't mean people can't use it. It just means they can't use it in the US without breaking some laws. Anybody who isn't affected by this patent is more than welcome to make software with it.

      --
      Buy Steampunk Clothing Online!
  5. Not to publish? by Anonymous+Brave+Guy · · Score: 4, Insightful

    The strange thing seems to be that there is an option to ask the USPTO not to publish a patent application. I appreciate that this is the same as not publishing a patent that has been granted, but since disclosure in exchange for temporary monopoly is the fundamental principle of patents, isn't having an unpublished procedure rather one-sided?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Not to publish? by XanC · · Score: 1
      ...isn't having an unpublished procedure rather one-sided?

      Yes.

    2. Re:Not to publish? by ozric99 · · Score: 2, Insightful

      Welcome to AmeriCorp.

    3. Re:Not to publish? by ScrewMaster · · Score: 1

      That's the United States of AmeriCorp to you, buddy! I'll thank you to remember that in the future.

      --
      The higher the technology, the sharper that two-edged sword.
    4. Re:Not to publish? by Foobar+of+Borg · · Score: 5, Insightful
      Well, there used to not be patent application publications in the U.S. at all. The USPTO started doing this in the year 2000 (cue Conan O'Brien!), thus copying what the Europeans had been doing for over a decade. Remember, a patent application does not give any legal protection. That is why you are not required to publish it. It is only after the patent has been granted, and you therefore have legel patent protection, that publication is required and is a matter of course.

      In fact, not having an application published can actually be less advantageous. If, for example, you don't get a patent (happens quite often despite what crazed /.'ers say), the publication is still out there and can be used as prior art against a later application. In fact, it can help to apply for a patent even if you have no hope of ever getting one since the publication of it can be used as prior art against anyone else trying to patent the same thing.

    5. Re:Not to publish? by Anonymous+Brave+Guy · · Score: 1
      Remember, a patent application does not give any legal protection. That is why you are not required to publish it. It is only after the patent has been granted, and you therefore have legel patent protection, that publication is required and is a matter of course.

      I'm not sure what you say about legal protection is quite true; consider the origins of the expression "patent pending", and your own point about prior art. In any case, you should only be applying for a patent if you reasonably expect it to be granted, in which case you should have no fear of revealing your information. If you then find it's not granted, well, presumably that's because the patent officials found that your idea didn't meet one of the required criteria, in which case the chances are it was so obvious that revealing it hasn't hurt you anyway...

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    6. Re:Not to publish? by turnin · · Score: 1

      Thats Right.

      It is the patent application only. NOT the granted patent.

      Think you are the only ONE who is working for a great idea and you are all most done to 80% and to complete the remining 20% you need another good 24 months. Beeing in this situvation you applied for the patent and USPTO publishes it.

      Seeing this great idea a big corporate deploys 200 people and completes your patentable idea and presents to USPTO.

      Now tell me, do you want have this featue of "not to pblish" from USPTO or not?

      you can keep any junk/great system but the outcome of the system will be directly proportional to the junk/great people working for the system.

    7. Re:Not to publish? by Anonymous+Brave+Guy · · Score: 3, Insightful
      Think you are the only ONE who is working for a great idea and you are all most done to 80% and to complete the remining 20% you need another good 24 months. Beeing in this situvation you applied for the patent and USPTO publishes it.

      If you're that far from a working idea, you have not yet invented it, and you have no right to patent it. A patent should specify clearly how to reproduce your invention so that others could do the same. That is your side of the bargain, in exchange for the protection afforded by granting the patent. In your scenario, the USPTO should reject your patent, you should know that this is likely to happen, and if you're stupid enough to try and preempt competitors by legal means and make a hash of it, that's your problem.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    8. Re:Not to publish? by InvalidError · · Score: 1

      Some legit patent applications get dropped and some very interesting (from a "let's show the world how broken the patent examination process is" dept) are granted...

      Two examples frequently cited around here are:
      1- A method for swinging on a swing (sideways)
      2- A circular transportation device (wheel)

      So obviousness is obviously very subjective... both of these should bave been chucked out during the first reading but both were actually granted not so many years ago.

    9. Re:Not to publish? by Foobar+of+Borg · · Score: 2, Informative
      "Patent Pending" gives you no legal protection at all. It only means that you paid your filing fees. It is generally used as a warning sign that they could sue you in the future for infringment if they are successful in being granted a patent. However, even if a patent is granted, the only thing you can sue over is infringement with regards to the specifically crafted claims that have been granted in the patent.

      In the present example, if Amazon gets a patent from this application , they are not getting patent protection on "Personal Search History", they are getting patent protection on the claims as patented. Also, for anyone to infringe upon an Amazon patent, each and every limitation of an independent claim has to be present in the device that is supposedly infringing.

      If you then find it's not granted, well, presumably that's because the patent officials found that your idea didn't meet one of the required criteria, in which case the chances are it was so obvious that revealing it hasn't hurt you anyway...

      Theoretically this is true, but having more prior art is useful since rejection under 35 USC 102(b) or even 35 USC 102(a) or (e) is stronger and more easily upheld by the patent appeals board and other courts than a rejection under 35 USC 103(a). For those who don't know the distinction, 35 USC 102(a), (b) and (e) require that each and every limitation of the pending claim be taught by the reference. 35 USC 103(a) is a rejection based on an obvious combination of references, obvious design choice, etc. and is harder to have upheld by the Board or the courts.

    10. Re:Not to publish? by Anonymous Coward · · Score: 0

      The claims are written broadly enough to own the entire arena. That's what the patent lawyers are trained to do, and it's why the patent system will probably have to be dismantled.

      There are smiling idiots with patents in every other cubicle at my place of work. How many of those patents cover things that I could have, or even did think of before the patent was filed? I've never bothered to check, but it's certainly more than "none". Yet because they filled out a form, no-one in the country except the organisation they work for can make use of that invention legally.

      Once in a while the organisation thinks one of these patents is valuable, and tries to threaten a huge megacorporation with it to get some dough. Without exception the megacorporation sends by return of post a huge unsorted list of patents, headed "possible infringements" and suggests in a not-at-all subtle way that we should shut up or face an expensive lawsuit.

      The person who first thought "What if we gave people a monopoly on ideas?" should have been shot, or at least ignored.

    11. Re:Not to publish? by turnin · · Score: 1

      You are right,if you had a army of lawyers to prove you are first to start/finish the invention. Think of Nylon = NewYork + London. Do you know about automobile patent story? Do you know the recent MS/Eolas story? Do you know about provisional patent applications? >the USPTO should reject your patent we are taking here about patent application. remember. 10 years to prove you are first to start ... another 10 years to prove you are first to finish.

    12. Re:Not to publish? by Doomdark · · Score: 2, Interesting
      In fact, it can help to apply for a patent even if you have no hope of ever getting one since the publication of it can be used as prior art against anyone else trying to patent the same thing.

      While true, it would be less expensive to use an alternative methods, such as writing and publishing a "defensive publication". There are (non-peer-reviewed, pay-by-author) magazines that are specifically designed for this, AND read by patent officers (as in indexed for DBs they use for prior art searches). This is a relatively inexpensive way of establishing more prior art. Obviously there are cheaper methods too; it just depends on how certain one wants to be that USPTO is aware of such prior art.

      I have seen my employer do this for things they don't think are worth patenting (outside core interests of the company), but are interesting and novel enough that lesser investment is warranted as a protective measure. Or at least that's my interpretation -- lawyers seldom comment on how and why they choose one method over another (that they do defensive publication I know for a fact, just not reasoning).

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
  6. Here we go again. by GomezAdams · · Score: 3, Insightful

    Another stupid patent when copyright should be invoked. I supose that the sooner all the dumbass patents get filed and approved the sooner the court system will have to deal with them, the sooner the whole patent process will get overhauled. But then I expected by now to have flying cars, 3D TV, and a trophy wife, so what do I know. [*SIGH*]

    --
    Too lazy to create a sig...
    1. Re:Here we go again. by Anonymous Coward · · Score: 0

      You dont have a flying car yet?

      I think amazon filed a secret patent for that 2 years ago

    2. Re:Here we go again. by Anonymous Coward · · Score: 0

      You would have all of the above and more but sadly it's all secretly been patented.

  7. And in related news... by rd4tech · · Score: 4, Funny

    Rockie nWood, caveman unfrozen from the depths of the Ice mountain 8 years ago. He attended law school ever since and successfully got in flow with our society. Recently, he threatened to sue amazon.com due "prior art". He claims he was using his cave walls as a "personal history tracker", and demands huge payback from amazon.com for each year since he did that, until they filled the patent.

    1. Re:And in related news... by Anonymous Coward · · Score: 2, Funny

      I wouldn't say "prior art", but the writing was on the wall...

    2. Re:And in related news... by Mr.+Slippery · · Score: 1
      Rockie nWood, caveman unfrozen from the depths of the Ice mountain 8 years ago. He attended law school ever since and successfully got in flow with our society.

      Nah, his name's Cirroc: the Unfrozen Caveman Lawyer.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  8. Thank god for Amazon by FiReaNGeL · · Score: 4, Informative

    Thanks, Amazon, for showing the world why the U.S. patent system is the best. Especially for software related 'inventions' and 'innovations'.

    I'm submitting this comment via the soon-to-be-patented 1-click 'submit' button. Which allows to 'submit' things, in only 1 click! Wow!

    1. Re:Thank god for Amazon by lordsilence · · Score: 1

      That's why you first click Preview, THEN submit!

    2. Re:Thank god for Amazon by Foobar+of+Borg · · Score: 1

      You know, people can apply for just about anything. All that Amazon has right now is an application. The question is, will they actually get a patent or not? If they do get one, what exactly are the claims? They may actually be able to get a patent, but the claim limitations could be so narrow that they are effectly getting zilch in the way of legal protection. A patent then becomes something on the order of - "Look what Og get!"

  9. Yup. . . by Bastian · · Score: 3, Insightful

    Still not buying stuff from Amazon.com.

    1. Re:Yup. . . by Anonymous Coward · · Score: 0

      You can learn more about stupid patents and corporate bullying at your LOCAL LIBRARY.

      The library is kind of like file sharing, only they can't sue you for doing it.

  10. Ama-Zen Riddle by Joe12Pack · · Score: 5, Funny

    Once all evil in the world is patented, will there be any option but to be good? -- or will companies pay to license evil.

    1. Re:Ama-Zen Riddle by ChrisK077 · · Score: 2, Funny

      Great idea for a new movie:

      "Ghostbusters 3: The day all patents on evil expired"

    2. Re:Ama-Zen Riddle by NilObject · · Score: 1

      "Ghostbusters 3: The day all patents on evil expired"

      So what, like some day in 3001?

  11. No A9.com for me by Dolphinzilla · · Score: 1

    Question: Why would I use a service that was intentionally trying to deceive me ?

    Answer: I wouldn't... bite my shiny metal ass Udi Manber..

  12. delete by Fuzzums · · Score: 1

    alert ("You will forget what you have searched for and on the count of 3 you'll wake up. 1, 2, 3.");

    --
    Privacy is terrorism.
  13. Never bought anything from Amazon in years by Anonymous Coward · · Score: 0

    Avoid them as a plaug. Use Froogle if you have to, you'll always find a better price.

    1. Re:Never bought anything from Amazon in years by mtz206 · · Score: 1

      Yeah, becuase Google's personal data collection/storage policies are sooo much better.

  14. If they get it... by Anonymous Coward · · Score: 0

    If they get it good things will happen. You'll know nobody else you do business with will be using these tactics. :-)

    Unless they buy a license from Amazon. :-(

  15. Amazon has patented spyware !! by TakaIta · · Score: 5, Funny
    "The event history server may also record event data descriptive of other types of browsing events, such as impressions (i.e., items presented to users on dynamically generated web pages) and mouse-over events."

    Does this mean that Amazon now should be considered to be spyware?

    1. Re:Amazon has patented spyware !! by PhotoBoy · · Score: 1

      Mouse over events!? So if I mouse-over an advert for My Little Pony while moving my mouse up to close the Amazon tab in Firefox, does that mean I will start getting spam from them telling me about deals on My Little Pony, even though I have no interest in it?

  16. How ridiculous! by Anonymous Coward · · Score: 0

    It still blows me away that they are giving patents out for shit like this.

  17. So that's where stupid specs go ... by verus+vorago · · Score: 1

    All these patent applications read like the appallingly vague product specifications I'm supposed to work with. Just put the thing on company Word templates and I could probably get it approved before anyone even noticed.

    Maybe I should submit patents on all the stupid things I get asked to implement...

    1. Re:So that's where stupid specs go ... by Fox_1 · · Score: 1

      yeah but then you get sued if you ever make any money because the fruits of your labours belong to the company that asked you to implement it - unless you have an oath bound contract witnessed by 12 vestial virgins of intellectual property law, recorded on consecrated ground under the light of the new moon during the summer solstice and signed in blood.

      --
      The rock, the vulture, and the chain
  18. Incredible... by Anonymous Coward · · Score: 0

    I find it incredible that you can even request that the USPTO not publish the application: That should be an inviolate part of the bargain. If you want patent protection, you have to publish the details. Don't want to publish? Don't file the application.

    When filed back in 2003, Amazon asked the USPTO not to publish the application, but rescinded that request last May, presumably in anticipation of its filing for an international patent."

    Bloody twinks.

    ~kylu

    1. Re:Incredible... by ScrewMaster · · Score: 1

      Well, they requested it ... but did the USPTO actually grant the request and not publish it?

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Incredible... by Ciggy · · Score: 2, Interesting
      Surely it's not the application that has patent protection, but the actual patent. I have no problems with patent applications per se being unpublished, but once the patent has been granted then the idea must be published, in full, with enough details so that anyone [skilled enough in the "craft"?] can make a duplicate implementation of the patented idea. (If this latter can't be done, then the patent application must fail.)

      The questions I have are: Why did they want the patent application unpublished? What did/do they have to hide? What are they scared of? (Obvious prior art?) Or are there valid reasons for a patent application to be non-published?

      --

      A rose by any other name would smell as sweet;
      A chrysanthemum by any other name would be easier to spell
    3. Re:Incredible... by Anonymous Coward · · Score: 0

      Isnt is obvious? They did not want the application published because everyone will laugh at them for trying to patent something so stupid.

    4. Re:Incredible... by Anonymous Coward · · Score: 0

      The reason in this case is simple. They knew that they shouldn't be doing it so they tried to hide the fact they were doing it.

      Rather than not do something they new was a deliberate misuse of the patent system they wanted to make sure that people who would complain about this dodgy patent request would not find out until its application was successful.

  19. Search history permanent and identifiable? by OgGreeb · · Score: 2, Insightful

    (This is addressing only the privacy issues of deleting search histories, not the patent issues.)

    *Of course* when I deleted my search history on A9, it only pretended to delete it by hiding it from me, but still providing it to other "clients of the event history server" (from the patent application). I mean, toolbar applications like the Google toolbar (appear to) have set the standard that you can delete your personally-identifiable search history to prevent privacy intrusions, but why should that prevent Amazon from profiting from that information to my detriment? Concerns like morally corrupt, ethically challenged, etc., only apply to flesh-based persons with human issues, not legal-based persons (corporations) with only money issues.

    I love the new A9 search tools, but until their overt privacy policies correspond to their covert privacy policies, I'm going to be highly discriminating in when I use A9/Amazon to search for anything.

    --
    -- Gary Goldberg KA3ZYW 301/249-6501 AIM:OgGreeb Digital Marketing Inc., Bowie, MD //www.digimark.net/
    1. Re:Search history permanent and identifiable? by YrWrstNtmr · · Score: 1
      I love the new A9 search tools, but until their overt privacy policies correspond to their covert privacy policies, I'm going to be highly discriminating in when I use A9/Amazon to search for anything.

      In light of this highly suspect 'functionality'(read spyware), there is nothing that compelling to continue to use A9.

      In other words:
      "I love my Bonzi Buddy, but I'll be highly discriminating when I use it for anything."

    2. Re:Search history permanent and identifiable? by JGski · · Score: 3, Insightful
      > Concerns like morally corrupt, ethically
      > challenged, etc., only apply to flesh-based
      > persons with human issues, not legal-based
      > persons (corporations) with only money issues.

      :-)

      Except if there are to be two standards for ethics and morality dependent on being flesh-based vs. legal-based entities, then certainly there should be clear distinctions and limits on person-hood and entitlement to constitutional protections - that is, corporations should not be granted unalienable rights that are granted by the constitution and bill of rights to human beings. Yet such constitutional rights are currently granted to corporations. Thus as corporations are granted "inalienable human rights" of the US Constitution, it is reasonable to insist that corporations be required to behave morally and ethically just as human citizens are required to by the letter and spirit of the laws and entitlements of the US.

      The underlying flaw, though, is that only flesh-based entities are actually capable of either being affected by or fulfilling the duties that come with constitutional rights. By this we include specific duties like serving in national defense and jury duty, but also broader duties like simply obeying the law, or not impinging on the rights of other citizens without risk of concommitant punishment.

      The problem is punishment for misdeeds of commission and omission with regard to citizen duties: corporations are granted rights with no effective or enforceable duties. As a human citizen I know that if I violate the law (and either directly or indirectly the US constitution) I can lose my citizen rights (jail) and means for enjoying my citizen rights (money). Corporation structure fundamentally insulates owners and owner-proxies (i.e. boards and executives) from legal liability from all but the most obvious and egregious criminal acts. Civil violations are punished against only the lifeless corporate shell itself. Even when attempts are made to punish, the corporation faces orders of magnitude milder impact, as a fine-to-revenue ratio. The checks and balances of citizenship exist for humans but not for corporations.

      In additional to having the enforcement of duties defanged, the additional problem is that hierarchal organization inherently amplifies, and often distorts, the morality and ethics of those at the top. If a corporation's executives are simply morally and ethically weak, or worse, borderline sociopaths themselves (we all know of such a leader and such an organization) then the organization easily becomes a full-blown sociopathic entity, perversely with citizen constitutional rights but with no enforceable duties as citizens.

      Individuals with such traits (e.g. Ted Bundy, Charles Manson, et al.) can be and are removed from impinging their evil on society in perpetuity, yet sociopathic corporations are not condemnable nor constrainable by the state or society for their sociopathic behavior. The worst-case scenario is a corporation might be broken-up or liquidated, but ultimately the humans leading the corporation can trivially walk away and start another corporation, effectively "reincarnating the evil" of the dead sociopath - even Charles Manson only gets one lifetime chance to inflict his sociopathology and then society locks him up and throws away the key, losing all future opportunities. While the individual must balance their own mortality and free will against evil in their heart, corporations have no mortality to be concerned with and the wizard behind the curtain are legally insulated from their deeds of control - this radically changes the checks and balances on citizenship and behavior as citizens.

      An immortal corporation can not be jailed or effectively killed thus isn't affected by any of the downsides of punishments for violating laws derived from the constitution or other citizens' constitutional rights. Further a co

    3. Re:Search history permanent and identifiable? by Quothz · · Score: 1

      I'll agree with JGski pretty much entirely. Of course, we're talking about -most- corporations here, not, say, Ben & Jerry's, or MERIT.

      Corporations -do- have certain duties, sometimes, though. First and foremost, paying taxes. Unca Sam'll get -down- on a delinquent corporation. A lot of industries are, or have been, pretty directly regulated through public regulatory agencies, and others indirectly through agencies such as OSHA and the FDA.

      Effectiveness of these agencies, as we all know, has been mixed. Mostly I think they're a Good Thing, if a bit subject to the whims of the usual political shenannigans.

      Occasionally, a corporation gets hit with a consent decree from a judge. I dunno exactly how these get passed out, but they're pretty binding and corporations take 'em Very Seriously. I guess there's the occasional antitrust action against the largest corporations, too.

      Corporations always seem to find ways to play silly buggers with anything not regulated, or not regulated -closely-, often even if it's otherwise illegal. And they have to be dragged to court an awful lot over things that seem pretty straightforward. For example, a given corporation will probably file a perfect work accident report, cover immediate hospital costs without an eyeblink, and fight tooth and nail over any long-term treatment, even if it's physical therapy for that arm they sewed back on after the CEO's drunk sixteen-year-old nephew pushed the switch on the arm lopper while you were repairing it.

      Assigning criminal penalties is a tricky matter, mainly because it's really hard to assign blame and you can't punish innocent workers. Dissolving the corporation involves putting innocent folk out of work - sometimes lots of 'em. So that's a poor idea.

      Unfortunately, current civil -and- criminal penalties are pretty much just fines, which often ends up punishing the innocent -anyway-. The executive-types rarely take the brunt of financial losses - fines get made up in unpaid overtime, raised quotas, and increased demands, all on the front lines. (Okay, this only applies to large-ish corporations, but most of my complaints do. Smaller corporations tend to be benevolent, barring the occasional one that's so insanely illegal that it's not really what we're talking about.) In publicly traded corporations, legal action usually is unfavorable to their stock value.

      I agree that the correct answer is to strip corporations of human rights, although certain (non-Constitutional) rights should be instituted in their place. For example, I think corporations should be represented appropriately in (and have access to) court, but I don't think corporations should have the right to free expression -at all-.

      As far as criminal liability, I've no answer at all. Okay, one - but that would involve dissolving the legal concept of a for-profit corporation, which is pretty radical and would no doubt have Repurcussions.

  20. catch 22 by roman_mir · · Score: 3, Interesting
    When filed back in 2003, Amazon asked the USPTO not to publish the application, but rescinded that request last May, presumably in anticipation of its filing for an international patent." - after reading this paragraph, here's what comes to my mind:
    'No reason,' wailed the old woman. 'No reason.'
    'What right did they have?'
    'Catch-22.'
    'What?' Yossarian froze in his tracks with fear and alarm and felt his whole body begin to tingle. 'What did you say?'
    'Catch-22' the old woman repeated, rocking her head up and down. 'Catch-22. Catch-22 says they have a right to do anything we can't stop them from doing.'
    'What the hell are you talking about?' Yossarian shouted at her in bewildered, furious protest. 'How did you know it was Catch-22? Who the hell told you it was Catch-22?'
    'The soldiers with the hard white hats and clubs. The girls were crying. "Did we do anything wrong?" they said. The men said no and pushed them away out the door with the ends of their clubs. "Then why are you chasing us out?" the girls said. "Catch-22," the men said. "What right do you have?" the girls said. "Catch-22," the men said. All they kept saying was "Catch-22, Catch-22." What does it mean, Catch-22? What is Catch-22?'
    'Didn't they show it to you?' Yossarian demanded, stamping about in anger and distress. 'Didn't you even make them read it?'
    'They don't have to show us Catch-22,' the old woman answered. 'The law says they don't have to.'
    'What law says they don't have to?'
    'Catch-22.'
    'Oh, God damn!' Yossarian exclaimed bitterly. 'I bet it wasn't even really there.' He stopped walking and glanced about the room disconsolately. 'Where's the old man?'
    'Gone,' mourned the old woman.
    'Gone?'
    1. Re:catch 22 by CrackedButter · · Score: 1

      What is this interesting quote from?

    2. Re:catch 22 by veg_all · · Score: 1

      All I can say is, you're going to feel really stupid if you ever find out.

      --
      grammar-lesson free since 1999. (rescinded - 2005)
    3. Re:catch 22 by CrackedButter · · Score: 1

      Why how come?

    4. Re:catch 22 by Anonymous Coward · · Score: 0

      'nuff said.

    5. Re:catch 22 by northcat · · Score: 1

      I suppose this is from the book catch-22? Is this the ending or some spoiler? Please say no!

    6. Re:catch 22 by CrackedButter · · Score: 1

      oh yeah! You are so 1337, just sitting there knowing something which I don't, excuse me while I go ring your mum, so you can get back to school where you belong.

    7. Re:catch 22 by WhatAmIDoingHere · · Score: 1

      If you have a question, google it. If that doesn't help, ask. This is /. we're all assholes here.

      --
      Not a Twitter sockpuppet... but I wish I was.
    8. Re:catch 22 by roman_mir · · Score: 1

      I answered your question allready, not everyone is an asshole here, but to reply to 'Why how come?" question - veg all just pointed out that the name of the book is Catch 22. It's just that he did not present it to you very eloquently.

    9. Re:catch 22 by roman_mir · · Score: 1

      jesus christ on a pogo stick, please, read the book. It's not about a spoiler, it's not Ender's Game for crying out loud. There is no spoiler, it's the idea that counts. And the book is filled with some of the best comedy too.

    10. Re:catch 22 by soliptic · · Score: 1
      jesus christ on a pogo stick, please, read the book

      Seconded.

      There is no spoiler, it's the idea that counts

      Exactly. The concept/theme/idea(s) behind the book are manifested in the very language it's written with. That's precisely why it is, imho, the greatest novel ever written in the english language.

      And the book is filled with some of the best comedy too.

      Seconded again. I've read it countless times and still laugh aloud almost every page.

  21. Oooh let's patent chaning a display flag. by surefooted1 · · Score: 2, Informative

    Interestingly, claim 48 describes a user interface that responds to a user's request to "delete" his search history by rendering it "undisplayable" to him, but still leaving it accessible for other uses

    So now you can patent changing bits in a database...

  22. Why petent everything?? by Anonymous Coward · · Score: 0

    Why the hell does everything need to be patented?, would be great if things just could remain unpatented. Bits of News

  23. CEO as Inventor? by Anonymous Coward · · Score: 4, Insightful

    That's a new one on me. All he was doing was saying "is there any way we can have them delete the search history and still keep it?". The engineers went off and probably said "um, let's add a display flag to search results." That's an appended query and a small change to the deletion code. That's not patentable!

    That's all this is isn't it? They've patented a bit field to describe whether something is displayed or not. Prior art for that has been around for absolutely ages. Yet again a classic case of a small, simple and commonly used piece of programming being somehow the basis of a full patented business process. Absolutely bloody stupid!

    1. Re:CEO as Inventor? by Anonymous Coward · · Score: 0
      Udi Manber has written a nice textbook on algorithms and algorithm analysis. I have it on my bookshelf at work. I use it as prior art whenever possible.

      I wouldn't get all uptight over this. If you search those published applications, you'll find mind control, time travel, and faster than light communication.

      Even if the application survives prosecution and is issued as a patent, it will face a validity attack when the assignee attempts to enforce it. Examiners at the USPTO have extremely tight deadlines and can only devote so much time to arguing whether or not this invention was anticipated or obvious. A validity attack by a team of corporate lawyers in the presence of a judge is a far more critical test.

  24. Could be a blessing in disguise in the long run? by Anonymous+Brave+Guy · · Score: 5, Interesting

    There is an interesting possibility here; I don't know whether it's applicable in the US today, but certainly the position has merit under various European data protection legislation.

    Under the UK's Data Protection Acts, for example, a company holding personal information about an individual can normally be required to provide all of that information to the individual for a nominal fee. Moreover, they would have certain obligations to fix incorrect information, handle the information in a reasonably secure way, etc.

    The one glaring hole I've found with UK data protection legislation is that you can't forcibly remove information somebody has about you as long as the information is correct. In other words, the fact that I cancelled my order with a particular company and have no other dealings with them, and after reading about their data handling practices I don't trust them to keep my credit card number safe, does not automatically entitle me to have the card number removed from their database. We need only look at recent events reported right here on Slashdot to see what happens when an organisation with lots of personal information held under imperfect security gets compromised.

    Perhaps this sort of deception, followed by a couple of spectacular failures of security and successful lawsuits by people who'd asked for the information to be deleted and later found that it wasn't, will be the catalyst for fixing data protection legislation in many places. All a company should be allowed to keep if you ask for your information to be deleted and they have no current reason to hold it is your identity and a flag that says you don't want to have your information kept on their system.

    At present, you would have to jump through all kinds of hoops to demonstrate to the data protection officials that there wasn't a valid current reason to hold your data. And that's valid as in "the organisation's data protection entry mentions it", not valid as in "they actually need it to have an effective relationship with you"; just check all the blatantly unnecessary information that Transport for London has in its entry if you don't appreciate the difference. :-(

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  25. Free link? by bigdogs · · Score: 1

    Anyone got a link to the business 2.0 article that doesn't require a subscription?

  26. Prior art? by Anonymous Coward · · Score: 1, Informative

    Prior Art:

    chmod 044

    God these guys are getting desperate for stupid patents.

    1. Re:Prior art? by Anonymous Coward · · Score: 0

      Well, for that matter, MSDOS.

      It overwrote the first letter of the filename to mark the file as deleted. The file was "gone" but the data was still there.

  27. Pirhanacracy by Doc+Ruby · · Score: 3, Informative

    I stopped shopping at Amazon around 1999, when they "unilaterally changed" (permanently violated) their privacy policy to share my personal data "with anyone we damn well please", after I'd given it to them. I "updated" all my data to fakes, kept my account, and have tracked their agressive descent into personal copyright violation ever since. I use my "anonymized" account to shop there, then buy direct.

    --

    --
    make install -not war

    1. Re:Pirhanacracy by Anonymous Coward · · Score: 0

      Don't even do that. Don't shop Amazon then buy direct. When you do that, you're still rewarding the merchants who do business with Amazon. Cut them off completely. Let them know that they can do business with Amazon, or with you, but never with both.

    2. Re:Pirhanacracy by Anonymous+Writer · · Score: 1

      I use my "anonymized" account to shop there, then buy direct.

      How do you shop anonymously there? What do you mean by "buy direct"- send a MO or do you just buy from another site, like that of a manufacturer if it is hardware? I wasn't aware they had "unilaterally changed" (permanently violated) their privacy policy to share personal data "with anyone we damn well please" and this disturbs me.

      And how is BarnesandNoble.com in comparison? Search engines and portals have changed throughout the years, and maybe this just might be the crux that brings in a replacement for Amazon.com.

    3. Re:Pirhanacracy by Doc+Ruby · · Score: 1

      I shop anonymously by using the fake personal info I mentioned, but just to find the products. Then I find who else is selling them - they're usaully all "on sale" across the Net at the same time, dependent on the global supply chains for which Amazon is just one market.

      Amazon got my original info back in 1996/7 or something with all kinds of privacy guarantees. Then they changed that policy in something like 1999, after they already had it, to share our info with anyone they chose. At least they sent an email notice. I replied with my refusal to accept the new terms, Cc:'ing my lawyer, but of course I got no reply. As for B&N and others, Amazon was the last shopping site I gave my info to, for these reasons. Privacy invasion, and my workaround. I don't see any trend towards better privacy protection, until copyright law covers copying private info, or someone gets held liable in court for violating their privacy policy. Both are long overdue, and I don't expect to see either anytime soon. CAVEAT EMPTOR

      --

      --
      make install -not war

    4. Re:Pirhanacracy by Doc+Ruby · · Score: 1

      I don't send any money through the Amazon clicktrail, but I use Amazon's system to navigate. So Amazon is paying these partners for me as traffic, without getting any commercial benefit. I'm just navigating to the products that are currently on sale across the Net, which tend to be available at the sale prices from many vendors. Amazon is just one vendor in the global supply chain, so they don't usually have better prices than elsewhere. I miss out on their shipping discounts, but some other vendors have them, too - especially volume computer vendors.

      --

      --
      make install -not war

  28. Non-Patent by cyocum · · Score: 1

    Wow. Another Non-Patent from the patent office. When are tech companies going to realize that they must compete in the market place of ideas rather than in the non-market place of patents?

    1. Re:Non-Patent by Anonymous Coward · · Score: 1, Interesting

      As long as there is the current broken patent law, they don't need to compete in the market place with new ideas, they simply need to compete in the non-market place of patents.

      That's kind of the reason why big tech companies are doing everything within their considerable powers to lure the EU into the same trap the US has been lured into. I just hope that the European democratic institutions are strong enough to withstand this onslaught and I sure think this patent for Amazon should serve as a strong reminder why they should.

    2. Re:Non-Patent by mtz206 · · Score: 1

      Doesn't the patent office earn revenue based on the number of patent applications and patents granted? If so, then its in their own best interest to accepta as many applications as possible - and to grant as many patents - even the undeserving ones.

  29. Web Log by yintercept · · Score: 2

    I think the title should be changed to "Company patents web logs."

    This is a bit hush hush. But I feel I strange need to tell the world. My employer is tossing in the paper work to patent eating soup with a spoon.

  30. Exnovation by Doc+Ruby · · Score: 1

    Because everyone knows the way to foster innovation is to stop everyone else from using yours once you've made the tiniest increment.

    --

    --
    make install -not war

  31. Not on Safari RSS on OS X Tiger by Anonymous+Writer · · Score: 3, Interesting

    From this page...

    Safari protects your personal information on shared or public Macs when surfing the web. Go ahead and check your bank account and .Mac email at the library or shop for birthday presents on the family Mac. Using Safari's new Private Browsing feature, no information about where you visit on the web, personal information you enter or pages you visit are saved or cached. It's as if you were never there.

    I presume this searching feature of A9 would require cookies and that sort of thing, which is probably disabled by private browsing anyway, but I nevertheless find it a disturbing feature.

    It obviously is meant for data-mining purposes, just in the same way they use your past purchases to make suggestions for books or thinks you would like to buy. It could serve well in a search engine environment if they can find out which links people chose. "People who selected links like you also selected these...".

    But from a privacy standpoint, it is horrible. They shouldn't have that kind of information linked to an account in which you are not anonymous, and they have your name, address, and credit card number. Who would use a search engine like that for general purpose searches? They are trying to achieve Wal-Mart style data mining without regard for privacy issues. This is so awful, I wouldn't be surprised if many stopped using Amazon.com simply out of protest. Anyone know the popular alternatives to Amazon.com?

    1. Re:Not on Safari RSS on OS X Tiger by newend · · Score: 1

      The problem is that about .005% of the population actually knows what's going on.

      I think the far more interesting way for /.ers to strike back would be to start posting lists of items that people should search for and add to their carts just to confuse the systems.

  32. Prior Art Found by ObsessiveMathsFreak · · Score: 2, Interesting

    Oh my god! I just found prior art!
    My /var/log/meggases

    And wait! What's this? It's my .bash_history file!

    And what's this in my Go menu? Why it's my 'History' function. Way to go Mozilla! You infringed on a patent before it was even filed. Wow! What will they think of next?

    Wait, wait, I forgot.

    At the US Patent office they grant patents in spite of trivial things like gross obviousness, originality and indeed patentability itself.

    I'm convinced at this point that the higher ups in the USPTO are getting backhanders from the patent lobby.

    --
    May the Maths Be with you!
    1. Re:Prior Art Found by LokieLizzy · · Score: 1

      This is great! Now Amazon can finally help me make the right purchases, and monitor me when I make the wrongones!

      --
      My digital rights don't need management.
    2. Re:Prior Art Found by nacturation · · Score: 1

      foo% rm .bash_history
      cat .bash_history >> .secret_bash_history
      rm .bash_history
      Your bash history has been removed!

      foo%

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    3. Re:Prior Art Found by Carl+Oppedahl · · Score: 1
      I note that quite a few commenters feel that what is claimed in this patent application is unpatentable, presumably either on the view that what is claimed is (a) non-novel (somebody did it before) or (b) obvious (in view of what has been done before).

      I would like to point out that under US patent law, the applicant is obligated to disclose to the Patent Office any relevant prior art of which the applicant is aware. This obligation extends to the applicant's patent counsel.

      Those commenters who feel this patent should not be granted thus have a clear course of action open to them -- send the prior art to the patent firm. The patent firm will be obligated to send it to the Patent Office and the patent examiner will be obligated to consider it.

      As may be seen from the front page of the published application, the patent firm handling this application is
      KNOBBE MARTENS OLSON & BEAR LLP
      2040 MAIN STREET - FOURTEENTH FLOOR
      IRVINE, CA 92614


      Readers may also be interested to know that it is possible to view the entirety of the correspondence that has passed back and forth between the applicant and the Patent Office, and to monitor the status of the application. Just point your web browser here and then plug in the application number which is 10612395 . Indeed if you send prior art to the patent firm, then when the patent firm sends the prior art to the Patent Office (in what is called an "Information Disclosure Statement") you will be able to see this event on the status page.
  33. Tim O'Reilly? by Anonymous Coward · · Score: 0

    I remember O'Reilly being pretty vocal about Amazon's abuse about four years ago. He shut up after Bezos made some noises about reform. They are obviously still up to their old tricks, so I have to wonder what happened to Tim's criticism.

  34. patent examiners only search patent database by Cryofan · · Score: 1

    The thing is that the patent examiners only search the database of issued and published patents. Which does not touch the stuff that was never patented. Also, a patent does not necessarily have to use much industry-standard language. You can make up your own terms for things. So searching might not even do that much good.

    Patent examiners cannot afford the time to do extensive searching outside of their own database. The patent office is a velvet sweatshop and a revenue center for the Executive Branch....

    --
    eat shiat and bark at the moon
    1. Re:patent examiners only search patent database by back_pages · · Score: 3, Informative
      The thing is that the patent examiners only search the database of issued and published patents.

      That is simply false. Searching for and applying non-patent literature is a matter of routine. Many supervisors require a list of relevant non-patent literature from their examiners regardless of whether or not it was used to reject claims.

      Which does not touch the stuff that was never patented.

      This also is simply false. In addition to a database of issued patents, there is also a database of published applications, including those which were eventually abandoned. In case you were referring to "stuff" for which an application was never submitted, that generally falls into two categories: stuff that isn't patentable under 35 USC 101 and stuff that was known and used before anybody thought about patenting it. The non-patentable stuff under 101 is often found in text books, journal papers, and other non-patent literature sources routinely used by the examiners. The other stuff is intrinsically more difficult - finding adequate disclosure of some commercial software that you've never heard of, with solid dates, is always going to be tough.

      Also, a patent does not necessarily have to use much industry-standard language. You can make up your own terms for things. So searching might not even do that much good.

      Technically this is true, but 35 USC 112, second paragraph, does draw a line in this regard. Additionally, the USPTO separates the patent examiners into rather small groups (usually 8-15 examiners) in specific technologies. This helps deal with obfuscated applications. The 35 USC 112 and the USPTO also grant the examiners authority to declare an application as basically incomprehensible and full of terminology so different from that normally used in that technology that the application is summarily rejected. That is NOT fun for an agent/attorney, because you run the risk of losing the filing date, must supply a complete replacement application, run the risk of having the replacement rejected for containing new information (rather than just a replacement), and unless you're a partner in the law firm, it's really not that funny around the water cooler.

      Patent examiners cannot afford the time to do extensive searching outside of their own database. The patent office is a velvet sweatshop and a revenue center for the Executive Branch....

      With all due respect, you haven't convinced me that you're qualified to make these kinds of statements.

    2. Re:patent examiners only search patent database by Cryofan · · Score: 1


      That is simply false. Searching for and applying non-patent literature is a matter of routine. Many supervisors require a list of relevant non-patent literature from their examiners regardless of whether or not it was used to reject claims.



      Gee, then howcum i have NEVER read an office action that cited ANYTHING but issued patents and published apps!?

      And BTW, I sure as hell did mention the published database in my post above, which you simply ignored....

      --
      eat shiat and bark at the moon
    3. Re:patent examiners only search patent database by back_pages · · Score: 1
      Gee, then howcum i have NEVER read an office action that cited ANYTHING but issued patents and published apps!?

      Couldn't tell you. I've read plenty that consisted of nothing but non-patent literature.

    4. Re:patent examiners only search patent database by Anonymous Coward · · Score: 0

      It doesn't eevn look at patent history - see the JPEG patent was applied for and accepted, yet another company later got the same patent and the money.

  35. IE ? by Anonymous Coward · · Score: 0

    Does than mean Microsoft should remove it's "personal search history" from IE ?

    Yes, every site-name I'm typing into IE is stored in a History. That's some sort of "search" history.

    Next to that, the name of *every* site I'm visiting (during my searching for information) is stored into my permanent (as long as I do not delete it) "temporary internet files" IDX-file. That's another sort of history.

    It's too stupid that the patent can now used to describe/patent *what* get's done, not *how* it get's done.

  36. This aint anything new. by tonsofpcs · · Score: 1

    How can they patent this? I have a BBS server on my Amiga that stores user history, and yes, you could remove something from the history, but the admin could still view it.

  37. Contact EPIC Electronic Privacy Information Center by jerryasher · · Score: 1

    My very brief search at EPIC didn't find this new issue at Amazon. My suggestion then is that we contact EPIC and alert them to this privacy issue:

    Contact EPIC

    EPIC is a public interest research center in Washington, D.C. It was established in 1994 to focus public attention on emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values.

    EPIC publishes an award-winning e-mail and online newsletter on civil liberties in the information age - the EPIC Alert. We also publish reports and even books about privacy, open government, free speech, and other important topics related to civil liberties.

    We have no clients, no customers, and no shareholders. We need your support.

    Contact EPIC:

    Electronic Privacy Information Center
    1718 Connecticut Ave. N.W.
    Suite 200
    Washington, DC 20009

    tel: +1 202 483 1140
    fax: +1 202 483 1248

  38. WTF? by Anonymous Coward · · Score: 0

    According to the USTPO's own site, in order to be patentable, an invention must be "unobvious" to a professional in the field of art.

    The software inspectors are dumb as dogshit!

  39. Re:Could be a blessing in disguise in the long run by Richard_at_work · · Score: 2, Insightful

    The one glaring hole I've found with UK data protection legislation is that you can't forcibly remove information somebody has about you as long as the information is correct.

    Its not a hole, its there deliberately and its there in part to protect companies. Imagine for a second you could force a company to remove valid data about you - business relationship or not. Youve just gained the right as an individual to always have a perfect credit rating, as you can always get Experian etc to remove bad entries from your credit record.

    A company also needs to know if it wants to deal with you or not - maybe youve been a bad customer in the past, IE returning a lot of products. Yes, you have the right to do that, but a company also has the right not to deal with you. If they couldnt store that information, you can continue on being a 'bad' customer because they can never know beyond that transaction.

    Some companies do store more information than necessary, and this should be looked at, but I do not support the wholesale removal of information upon request.

  40. Re:Could be a blessing in disguise in the long run by Anonymous+Brave+Guy · · Score: 1

    I'm not suggesting you should be allowed to force removal of relevant information, just that it should be clear that you can require removal of personal information about yourself that a company has no current need to hold. Your examples would not fall into this category (although since the credit reference agencies appear to be exempt from the normal safeguards yet do a terrible job of maintaining accurate records and frequently damage innocent individuals as a result, I have little sympathy for that particular group and would be happy if OIC staff walked in and shook them all down tomorrow).

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  41. Powell's World of Books by Saeed+al-Sahaf · · Score: 2, Informative

    Powell's World of Books (powells.com) has an EXCELLENT technical selection, takes up it's own building down the street from the main store. Sure it's a little bit more $ for the book (but not much), but they are much nicer people...

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  42. Credit reference agencies by Anonymous+Brave+Guy · · Score: 1

    Sorry to reply twice to the same post, but another significant point is that I have given no permission for any credit reference agency to hold any information about me in the first place.

    Now, financial institutions are perfectly entitled to decline to offer credit to someone who doesn't have a credit record at the agency they use. As an individual you must accept the consequences if you don't wish to work within that system, even if that means you can't get a loan or mortgage.

    However, whether the credit reference agency should be allowed to keep information at all without explicit consent from the individual is highly questionable. I believe that consent really should be explicit, with a genuine option not to agree. (A sign saying "we will pass your information to a credit reference agency" is not giving you an option!) If I never apply for credit -- not a bad policy in today's society -- why should such an organisation be entitled to keep all kinds of personal information about me without my consent, particularly when they seem to do such a bad job of maintaining their databases accurately? There is nothing two-way at that point; the only thing that can happen is for information to leak to my detriment.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  43. Copyright would not protect this technology by Anonymous Coward · · Score: 0

    Copyright merely will protect one implementation of it, how is that going to help? Who is going to get ahold of the source code?

    Even then, once you have the source, you can make a derivative work my changing the source and copyright can be avoided again.

  44. Amazing, there is no claim 48 in the application.. by Anonymous Coward · · Score: 0

    The claims end at 45. Go go slashdot editors!

  45. Amazon seems a little slow... by idlake · · Score: 2, Funny

    Storing personal search histories on search engines had brief notoriety about five years ago, with numerous papers published about that time. It took Amazon three years to file a patent on other people's published idea? Boy, they are slow.

  46. Hidden Patents by bobthemuse · · Score: 1

    When filed back in 2003, Amazon asked the USPTO not to publish the application, but rescinded that request last May, presumably in anticipation of its filing for an international patent."

    Kind of OT, but hoping someone can explain this to me? How can a patent be granted but not published? If I come up with a great idea, spend money on marketing, design, testing, etc, and later find out [insert corp here] has a unpublished patent, am I SOL?

    1. Re:Hidden Patents by pommiekiwifruit · · Score: 1

      That did happen with some cryptography schemes IIRC - the spooks said "no you can't do this" or something like that...

    2. Re:Hidden Patents by Anonymous Coward · · Score: 0

      Amazon only requested that the application be hidden, which is different from the actal, legally enforcable patent. I't still a load of BS, though.

  47. Prior art? by bobthemuse · · Score: 1

    claim 48 describes a user interface that responds to a user's request to "delete" his search history by rendering it "undisplayable" to him, but still leaving it accessible for other uses.

    Does the Mac 'Trash Can' and/or Windows 'Recycle Bin' count a prior art?

    "How can you call this trash prior art?"

  48. Re:Could be a blessing in disguise in the long run by nuntius · · Score: 1

    The right to a perfect credit rating? No; more like the right to no credit rating, which is almost just as bad. I'm guessing the credit companies would respond to such requests by having all your accounts frozen in the process.

    They could always add a status bit to the effect of "customer requested data removal" *after* your request was completed. Actually, that's almost more evil.

  49. Excuse me? by Sebby · · Score: 0, Redundant
    ...Amazon asked the USPTO not to publish the application,..

    Wow, if that isn't proof the the PTO is broken, I don't know what is... How the hell is a patent supposed to be challenged if it's not published until its so-called "approval" (ie. rubber stamping) by the PTO??

    --

    AC comments get piped to /dev/null
  50. Evil. by Anonymous Coward · · Score: 0

    Is it just me, or is anybody else feeling a constant, nagging stress about (1) being spied on all the time, and (2) my helplessness in choosing not to do business or otherwise become involved with evil, without resorting to a full-on unabomber lifestyle? I'm serious, this gives me a headache every day. It is impossible to take part fully in modern life without financially rewarding some evil dink for perpetrating his evil on yourself or someone else.

    1. Re:Evil. by Anonymous Coward · · Score: 0

      Actually, thank you very much if you're feeling stressed by MY helplessness. That's very selflessness of you. Try reading the post again but just remove the "my" from "my helplessness" to achieve a somewhat less Christ-like appeal.

  51. Boycott Amazon by Torham · · Score: 1
    Hey we are still boycotting them right? I get a lot of my books and movies from Bestprices.com

    Plus they won't sell your personal info to anyone they like. What other alternatives are out there, with a good Privacy Policy?

  52. Flooding Amazon with Searches? by peter+hoffman · · Score: 2, Interesting

    Maybe this is Amazon's way of asking to have people flood their servers with random searches in their name. As a result, the data would contain so much "noise" that amazon couldn't deduce anything from it.

  53. don't publish it? by bitspotter · · Score: 1

    Isn't the entire point of filing for a patent an exchange of exclusive use rights for the publication of the invention? ...or is it just about rewarding innovation by granting secret monopolies, now?

    1. Re:don't publish it? by pod · · Score: 1

      The application will be published when it is processed. Perfect for submarine patents.

      --
      "Hot lesbian witches! It's fucking genius!"
  54. Prior art by tod_miller · · Score: 1

    I have applications that I can submit as prior art from about 5 years ago.

    One such system remembered each page that the user visited, and then build up visual cues to web developers of how people use the site, but also fed the results back into the user with a 'suggested link'

    Each search result was saved, also, bugzilla allows you to save searches.

    My SQLfoo app I wrote to query my db from a page stores all my past sql queries until I hit search.

    My ex-ex-ex-browser (something called IE, I don't want to start an IE versus Lynx user war, I know IE is dying, I am not some FreeBSD hang on maniac - I let go...)

    I am sure google stores this info (I am sure sure, I mean, check zeitgeist) Now Amazon always plays dirty with patents, I guess there is no charge in submitting prior art to a judge.

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  55. Re:Could be a blessing in disguise in the long run by Richard_at_work · · Score: 1

    Why is that evil? Infact, why is ANY of it considered evil? It isnt - you want credit, then you need either a credit score or a really trusting creditor.

  56. Re:Could be a blessing in disguise in the long run by nacturation · · Score: 3, Insightful

    Youve just gained the right as an individual to always have a perfect credit rating, as you can always get Experian etc to remove bad entries from your credit record.

    In that case, you wouldn't have a perfect credit rating -- you'd have no credit history, which most institutions consider as bad as a poor credit history.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  57. Oops-Make That Description Item [0048] by theodp · · Score: 1

    Right you are!

  58. Re:Could be a blessing in disguise in the long run by Quixote · · Score: 1
    Let's not be pedantic here. How about you remove only the bad credit history, leaving the good stuff. Then your credit rating would be perfect. Happy now?

  59. Why "get uptight" by dustmite · · Score: 1

    it will face a validity attack when the assignee attempts to enforce it. Examiners at the USPTO have extremely tight deadlines and can only devote so much time to arguing whether or not this invention was anticipated or obvious. A validity attack by a team of corporate lawyers in the presence of a judge is a far more critical test.

    That sounds so nice and easy - for a large corporation. However to a smaller startup, who cannot afford all the lawyer/court fees, it's practically impossible. So now "only the big companies can play" ... and do you think that another big company is going to come along and challenge this patent? No, because big companies seldom challenge patents, they rather collect large "patent portfolios" of their own, and then "cross-license" patents from one another when needed. This is why people "get uptight", and it strikes me as a perfectly valid reason. The patent system was created in order to foster innovation, but since it's an effective method for a few large companies to create unreasonable barriers to market entry for small startups, it stifles innovation more often than it fosters it.

  60. Re:Please delete...sort of... PRIOR ART by Anonymous Coward · · Score: 0

    Kick-me sign taped to a user's back.

  61. Have you guys realized... by Spy+der+Mann · · Score: 1

    that most of the reasons companies seek patents is because of the competition? IMHO, they don't apply for patents because they want to get hold of the market. They do it because they don't want others to get hold of it (take a look at the google autolinks story).

    In other words, patents are like a weapon in an arena. You must get it before the other guy does.

    Of course, if there were no weapons, things would be much better for all the competitors.

    1. Re:Have you guys realized... by Anonymous Coward · · Score: 0

      The net effect of the software patents game is to create what market economists call a "barrier to entry" in the software market. The big existing companies all have a bunch of overblown questionable patents in their back pocket, and if one of them tries doing something unreasonable with a patent, the others will pull their own patents out and do the same back, and/or pay some hotshot patent lawyers to try to shoot the other guy's questionable patents out of the water. None of the big guys want that, so it's a standoff, and for the most part everyone plays nice and just pays each other little license fees round in circles to keep the whole system looking like it means something. But if some little guy or newcomer (or a big company too honest to play the patent game) comes along and upsets things, the big companies can all pull out their patents, go to court, and swat the little guy out of existence. The end result of a barrier to entry, as any economist can tell you, is less competition in the market, leading to less innovation and higher prices. To stop this, we'd need either patent reform, all the big companies to see the errors of their ways at the same time, or a really big multiway "shoot down the other guys questioanble patents" legal war to break out between all of them -- none of which look very likely from where I'm sitting, unfortunately.

  62. Re:Could be a blessing in disguise in the long run by hankaholic · · Score: 1
    In that case, you wouldn't have a perfect credit rating -- you'd have no credit history, which most institutions consider as bad as a poor credit history.

    Sure, having no credit can be difficult, but you can build up a fair amount of credit during the seven years it takes derogatory credit history to expire from your credit report, or the five years you're paying your bills with postal money orders because you can't open a bank account because you're listed on ChexSystems.

    For those who aren't familiar, ChexSystems is the agency to whom account-related naughtiness is reported by banks, generally when an account is closed in an "unsatisfactory" manner.

    Banks generally consult the information maintained by Chex before opening accounts. If you're listed, you can generally kiss your chances of being able to open a bank account goodbye, no matter why you were listed. I've worked in banking, and I can tell you that no matter how hard the push for meeting sales goals the chances of getting someone to open an account when you're listed with Chex is basically nil.

    I've seen many people with no credit, and many with bad credit. Can you support your assertion that "most institutions consider [no credit] as bad as a poor credit"?
    --
    Somebody get that guy an ambulance!
  63. Re:Amazing, there is no claim 48 in the applicatio by NewsWatcher · · Score: 1

    I went to the application. There is a clause 48.
    [0048] A Tag's "undisplayable" flag may be used, for example, to allow users to effectively remove events from their viewable event histories. For example, the web site system 30 may provide an application 38 and associated user interface through which users can view and search their respective event histories, and "delete" selected events from such histories. When a user deletes a particular event (such as particular search query submission or browse node access), the corresponding event object is marked by the event history server 32 as "undisplayable" to prevent the user from viewing the associated event, but remains accessible to clients of the event history server 32.

    --
    If the pattern goes 9am, 10am, 11am, why isn't noon 12am?
  64. Re:Neither am I by symbolic · · Score: 1


    Enough said...

  65. A legal system for the internet age? by cbr2702 · · Score: 1
    Taking freedom of information as basic, what would the legal system look like?

    Pretty much the same. Most of our legal system is perfectly servicable and works well. Now if we're not supplying a "full set" but instead redoing computer and technology law, the situation is different. How about with very few exceptions, we make what is possible and what is legal the same? The Internet is not really like regular society; there is a technological and reasonable solution to everything.

    --


    This post written under Gentoo-linux with an SCO IP license.
    1. Re:A legal system for the internet age? by dgatwood · · Score: 1
      Using technology to do something that falls under the category of invasion of privacy, harrassment, etc. shoudln't be legal, despite it being trivially possible on the 'net, nor should designing viruses that wreak havoc on the 'net as a whole.

      Now there are technical solutions to the problem of viruses and spam and other things, but nobody is willing to do what is needed to make them possible, since doing them right involves creating A. more infrastructure for identity validation, B. redesigning the way email works from the ground up, C. redesigning hardware in such a way that it cannot execute unsigned code without some explicit physical user interaction such as throwing a dip switch on the main logic board....

      The point is that there are a good many problems for which the solution is simply not feasible. These problems, if they create a sufficient problem for the net can only be dealt with through either laws or social retribution (e.g. blackhole routing, slashdotting, email bombing, counterviruses, whatever). Pick your poison. :-)

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    2. Re:A legal system for the internet age? by cbr2702 · · Score: 1
      I would say that a legal solution to these problems is more trouble than its worth and as long as these things are technically possible they will be things we'll have to worry about.

      Harassment is different on the net than in real life. I can currently block people by IP or whitelist my friends. Technically better solutions are already needed and already being worked on.

      Invasion of privacy is likewise possible to prevent. I can use GPG or other tools to encrypt my communications through simple plugins to Thunderbird and GAIM. My browser already does HTTP/SSL for financial transactions.

      Designing viruses? They'll still be made even if we outlaw them, as if we don't let white-hats work on viruses then the black-hats will. And we want to know what the problem is and fix it as soon as possible. There are also steps we should take to set up a better quarantine system, and many places have set up such systems in the wake of blaster and sassar.

      --


      This post written under Gentoo-linux with an SCO IP license.
  66. Piror-Art by majestiq · · Score: 1

    Don't know if it counts... but I had a simple search history feature on my search engine back in Nov of 2003. Before A9 came out. The history was stored in a cookie on the users computer. The archive shows where the history was shown. http://web.archive.org/web/20031119184600/http://d hund.com/

  67. Prior Art by wintaki · · Score: 1

    Interestingly, claim 48 describes a user interface that responds to a user's request to "delete" his search history by rendering it "undisplayable" to him, but still leaving it accessible for other uses

    We had that "feature" several years ago in a product we developed at a prior employer. Heck, Windows trashcan almost does the same thing, although I guess the user can still see his data after he deletes it.

  68. Patents are meant to take that into account... by blorg · · Score: 1

    ...the test of obviousness is whether it would be obvious to a person skilled in the technical field of the invention, or, in specific legal terms, a person having ordinary skill in the art.