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 When filed back in 2003, Amazon asked the USPTO not to publish the application, but rescinded that request last May, presumably in anticipation of its filing for an international patent."

37 of 148 comments (clear)

  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 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.

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      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. 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.
  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.

  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.
  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 !
  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?

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    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 ozric99 · · Score: 2, Insightful

      Welcome to AmeriCorp.

    2. 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.

    3. 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.
    4. 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.

    5. 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).

      --
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  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...
  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...

  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!

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

    Still not buying stuff from Amazon.com.

  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"

  11. 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?

  12. 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 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

  13. 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?'
  14. 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...

  15. 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!

  16. 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.
  17. 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

  18. 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.

  19. 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?

  20. 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!
  21. 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
  22. 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.

  23. 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.

  24. 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
  25. 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.

  26. 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.

  27. 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.

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