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Amazon Patents User Viewing Histories

Chris Cleveland writes "Yet another astounding patent from the USPTO. I was browsing the patent database, and discovered that Amazon received a patent today on using customer viewing histories to generate recommendations. If a customer views product A, and then later views product B, and you use that to infer a relationship between A and B, then you've infringed on this patent. This patent is a continuation of an earlier patent (#6,317,722) on using shopping carts to generate recommendations. When will this stupidity end?"

430 comments

  1. End? by johnmearns · · Score: 5, Funny

    It won't end until amazon patents getting absurd patents. Then its over.

    --
    "I may disagree with what you have to say, but I shall defend, to the death, your right to say it." -Voltaire
    1. Re:End? by Anonymous Coward · · Score: 0

      This patent is stupid...AND full of shit. There, now did I just infringe on their patent?

    2. Re:End? by NegativeOneUserID · · Score: 5, Insightful

      No, it will not ever be over. Stupidity will always exist. As long as there has been patents and as long as there will be patents there will be stupidity. Stupidity will always be in any human endeavor.

    3. Re:End? by ToasterofDOOM · · Score: 1

      I'm sorry, I have a patent on that already. Can I have some royalty money =D?

      --
      I am Spartacus
    4. Re:End? by MadMidnightBomber · · Score: 5, Funny

      I'm about to patent "doing ... things with er, stuff". Wish me luck.

      --
      "It doesn't cost enough, and it makes too much sense."
    5. Re:End? by sik0fewl · · Score: 1

      I only wish it was that easy. However, the simple fact remains that Amazon will still be able to legally get absurd patents.

      --
      I remember when legal used to mean lawful, now it means some kind of loophole. - Leo Kessler
    6. Re:End? by The_Quinn · · Score: 5, Insightful

      What's really funny is that some web engineer probably got a $10 check and a certificate of appreciation for engineering the site that led to the patent - and he's probably scratching his head saying "huh?".

    7. Re:End? by swingbyte · · Score: 5, Interesting

      Perhaps it will end when the rest of the world decides that UPSTO has lost all credability and stops honouring its patents?

      --
      #include "std_employer_disclaimer.hpp" "Smoke me a kipper... I'll be back for breakfast"-Ace Rimmer
    8. Re:End? by adtifyj · · Score: 1

      ... and with Amazon aggressively hunting down all forms of absurdity, they would have a constant income stream to defend; the patent system would be propped up, and a new bill would be passed to determine a patents life-span alphabetically.

    9. Re:End? by JamesOfTheDesert · · Score: 4, Insightful
      In the meantime, how many geek sites will finally stop linking to Amazon anytime the mention a book?

      On the one hand, some number of the tech-savy get (justifiably) upset over Amazon patenting the trivial. On the other hand, Jeff Bezos is a Web 2.0 darling, and Amazon Web APIs and so Hot and Cool and Hip and Now, so many of these same geeks cannot act as if Amazon can do no wrong.

      The original Amazon patent and boycott uproar clearly had *nil* effect, and I expect there to now be a deafening silence from most of those who really should know better.

      --

      Java is the blue pill
      Choose the red pill
    10. Re:End? by yog · · Score: 5, Interesting

      To play the devil's advocate... keep in mind that amazon.com is only acting to protect its interests. If they don't patent all these obvious-sounding business processes, lots of little unknown startups will (1) patent them and then (2) sue deep pocketed firms such as Amazon. It already happens a lot; some nothing company sues Microsoft over some ridiculous patent having to do with hyperlinks in a browser, for example. The best defense is offense in this case. If you were in amazon.com's shoes, you'd probably conclude however relucantly that these actions are absolutely necessary.

      The obvious place to end the "madness" is to fix the source of the problem, which is the Patent Office's recognition of business processes as a patentable thing, especially where implemented by software. Patenting a behavior is logically flawed; how long before someone patents making a profit? Where do you draw the line?

      Originality of a product idea is one thing; for example, developing a machine which automatically flushes the toilet and does so in a unique and creative way (I'd rather not develop the details actually)--this is probably a reasonable thing to patent. But patenting abstractions like GUI-based book ordering--that's absurd and bound to fail a prior art test, but will encourage lots of frivolous lawsuits and the wasting of the PTO's precious time and resources.

      --
      it's = "it is"; its = possessive. E.g., it's flapping its wings.
    11. Re:End? by Orgazmus · · Score: 1, Funny

      Why dont everyone with access to a router or a DNS-server just blackhole amazon.com?
      It might not be the solution, but it would be very funny.

      --
      The system had the verbosity of HTML combined with all the readability of compiled assembly viewed as bitmap images
    12. Re:End? by Anonymous Coward · · Score: 5, Insightful


      This should be modded funny right? Apparently you and the people who modded this up do not understand patents.

      If you are amazon and you start doing something, then some company comes along after the fact and patents that... tough tarts, all amazon has to do is claim prior art and that company can sit and spin. No need to get your own patent on it.

      And if it wasn't after the fact, if this nameless company had already patented what amazon was doing, then guess what? Amazon's patent is invalid and they need to license this thing from this nameless company who owns the patent.

      This patent was filed so amazon could prevent competition from using this "technology". It's got nothing to do with protecting itself from lawsuits and everything to do with amazon reserving the right to sue others.

    13. Re:End? by Anonymous Coward · · Score: 1, Insightful

      They'll stop linking to amazon.com when amazon stops paying them everytime someone buy book through said link.

    14. Re:End? by Anonymous Coward · · Score: 1, Insightful

      If it's really an altruistic goal and they simply want to protect themselves, why not then release the patent in some way (I'm not sure if it's possible to release, but I'm sure it's possible to donate it to some non-profit organization).

    15. Re:End? by erikkemperman · · Score: 2, Insightful

      Mod parent AC insightful!

      Even though GP was only playing devil's advocate that's not how patents work.. These are not defense tactics but an offensive.

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    16. Re:End? by Anonymous Coward · · Score: 0

      It is possible. It's called "putting it in the public domain". And they don't do it because they're not simply trying to protect themselves. They can monopolize an obvious "invention" and get away with it by claiming that "defense" bullshit.

    17. Re:End? by Anonymous Coward · · Score: 1, Interesting

      I'd wager there to be a great deal of prior art in this particular case, as most any e-commerce site I've ever seen has had links trying to cross sell other, similar products. This is just ridiculous. Someone REALLY needs to stop software patents in US. Maybe we should have a "million geek march" against patents?

    18. Re:End? by tkiesel · · Score: 1

      Let 'em. Then Amazon will be the only company out there abusing the patent system like this.

    19. Re:End? by Anonymous Coward · · Score: 0

      Its not going to end. The US Patenet Office (like most government agencies) is understaffed and underfunded. Who in there right mind would want to work there. So you have sub-standard results from a substandard system. If the patent office worked, businesses couldnt steam roller little guys all the time. NBCs theft of television is a great example. No one in authority really wants the patent office to work.

    20. Re:End? by Anonymous Coward · · Score: 0

      Keep in mind that (as far I as understand) in any other country except the U.S., there's no such thing as prior art. Most everywhere it's whoever files first, not whoever invents first. The U.S. is (thankfully) different.

    21. Re:End? by nostrademons · · Score: 5, Insightful

      Lawsuits are expensive, even if they're dismissed on prior art grounds. Many companies patent every random bit of technology as a deterrent, so that they can say "If you sue us, we'll find something that you're infringing and sue you back to the stone age." It's like mutually-assured-destruction from the cold war days. Saves on legal bills for everyone.

    22. Re:End? by h4rm0ny · · Score: 1


      In other words, it will end when we pry the patents out of their cold dead hands and not before.

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    23. Re:End? by NegativeOneUserID · · Score: 1

      I'm sorry, I have a patent on informing people about preexisting patents. Now you owe me money. :-P

    24. Re:End? by slashdot.org · · Score: 2, Interesting

      This should be modded funny right? Apparently you and the people who modded this up do not understand patents.

      You're the one that should be modded funny; as in "naive" funny.

      If you are amazon and you start doing something, then some company comes along after the fact and patents that... tough tarts, all amazon has to do is claim prior art and that company can sit and spin. No need to get your own patent on it.

      If you are xyz and invest a great deal of your assests into R&D, and then, hmmm, let's see, a /. favorite, Microsoft comes along and patents that... All you have to do is spend several million $ to prove your prior art. Oops...

      Actually, don't get me wrong, this has nothing to do with Microsoft, all I'm illustrating is that a statement like 'claim prior art' is oversimplifying things, as it may actually cost a shitload of cash. This is exactly why it's called patent "portfolio's" now. It's what _every_ reasonable size company does to protect itself.

      Seriously, If you think you can protect yourself against patents by proving prior art, you are dillusional. Here's a hint: filing the patent probably cost them $5K. Defending a patent infringment could cost, well, it's hard to say, but it will suffice to say that $5K won't cover lunch...

      (disclaimer: I'm not saying this is good; I think it sucks, but it is what you get when you install a system that favors the big guy over the little guy)

    25. Re:End? by cerebis · · Score: 2, Insightful
      Yes, I have read more than once that large companies claim these frivolous patents are protective measures, that we should not be alarmed by their appearance, but who would bet that when the day comes that an upstart seriously threatens these companies market share or future business plans, that these patents don't become a giant cudgel.

      Rather than having to resort to monopoly practices to maintain their dominance, they can simply patent their future competitors out of the race before they even exist.

      For smaller parties, patenting is a costly process. The cost of developing and filing a patent tempers the rate at which an individual or small business is capable of taking them out. I'd expect that, although the cost would not be irrelevent to a corporation, it is far less of a concern. To my mind, it gives an unfair advantage to corporations and large companies that was never intended by the spirit of a patent system.

      In the Information Age, there should be some acknowledgement that the basic manipulation of that ever increasing body of information is not, in and of itself, patentable.

      I do not know what the terminology might be, if it exists, but I would call most of these patents 0th or 1st order manipulations. Either looking directly and collected data (0th), or creating direct relationships between that collected data (1st). These are just too obvious, regardless of whether the application is new, to be considered novel.

    26. Re:End? by __aahlyu4518 · · Score: 1

      Hmmmm that sounds interesting.

      Maybe it is a good idea for a big corporation (with enough lawyers and cash) to break a patent (even a credible one) and letting it go to court, just to prove to the judge that there are so much rediculous patents that the USPTO and any patent it honours cannot be taken seriously anymore?

    27. Re:End? by ultranova · · Score: 3, Insightful

      Lawsuits are expensive, even if they're dismissed on prior art grounds. Many companies patent every random bit of technology as a deterrent, so that they can say "If you sue us, we'll find something that you're infringing and sue you back to the stone age."

      This assumes that the other company actually produces software or services. However, from what I've understood, patent parasites simply buy patents and sue others. They don't have a product, and therefore can't infringe on anyone else's patents.

      Sad but true: current software patent situation punishes producing and rewards parasiting. Free market does its job and sends money to where greatest profits can be made; but in this situation, this works against the overall wealth of the society and not for it.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    28. Re:End? by Anonymous Coward · · Score: 0

      Who is Amazon? I read online, I think books are a waste of paper.

    29. Re:End? by Anonymous Coward · · Score: 0

      Amazon, i have an even better idea, patent this earth off, anything they find in future has to be a sub-patent of this ;-)

    30. Re:End? by InvalidError · · Score: 3, Informative

      Last time I heard, patent application was around $10k per country and around $100k for worldwide filing.

      Filing a patent in any country prevents anyone else from filing the same patent in all others but only provides legal enforcement in the countries where the patent was was filed. In most cases, inventors can file in other countries as necessary to extend legal protection but doing it incrementally can quickly cost more than an international filing.

      (This is what I was told at a conference about a year or two ago.)

    31. Re:End? by Anonymous Coward · · Score: 0

      It is ridiculous not rediculous.

    32. Re:End? by CProgrammer98 · · Score: 1

      No, he should be modded "insightful".

      He's one of the few people around here that can correctly spell "ridiculous".

      I've just started reading the comments on this story and have already count a dozen "rediculous" words.

      There is NO FARKING "E" in RIDICULOUS people!!!

      --
      And the people shall be oppressed, every one by another, and every one by his neighbour Isaiah 3:5
    33. Re:End? by slashdot.org · · Score: 1

      Last time I heard, patent application was around $10k per country and around $100k for worldwide filing.

      Well, it all depends. The patent office certainly doesn't charge that much, but the lawyers do. So if you are going to file one single patent, then $10K is probably a good ball-park. But it doesn't have to cost that much, especially if you are in the business...

      As far as international patents go; I'm no expert on it, but it certainly is not as simple as a fixed $ number. I doubt you could actually get a "worldwide" patent for $100K, but to cover the majority of strategically interesting regions, perhaps that's about right.

      Filing a patent in any country prevents anyone else from filing the same patent in all others but only provides legal enforcement in the countries where the patent was was filed. In most cases, inventors can file in other countries as necessary to extend legal protection but doing it incrementally can quickly cost more than an international filing.

      (This is what I was told at a conference about a year or two ago.)


      All I can say that that is an over-simplification of the reality. It probably holds true for most western countries, but that obviously doesn't include every country on the planet. All I will say is that certain countries have very excentric patent laws.

      But to get back to the 'patent portfolio building ' companies; all that is very US centric. It works with the US court system, but I don't think it does nearly as well in for example a European court.

    34. Re:End? by teh+kurisu · · Score: 1

      I worry about the state of the US patents system if this is the case. I'm familiar with the UK patents system, where if you have a patent but no product or product development, you stand to lose your patent. Aside from that they're designed to be so expensive that it's uneconomical to patent every little piece of technology.

    35. Re:End? by DecayCell · · Score: 1

      I'm sorry, I've got collecting royalties patented, all your money are belong to us.

    36. Re:End? by Anonymous Coward · · Score: 0

      I patented recursion

    37. Re:End? by Anonymous Coward · · Score: 0

      As long as there has been patents and as long as there will be patents there will be stupidity.

      So basically you're saying that there's prior art for stupidity?

    38. Re:End? by cuerty · · Score: 1

      That will infringe my "Doing stuff" patent.

      And I'm not sure but someone could have the "things" patent.

      --
      >Linux is not user-friendly.
      It _is_ user-friendly. It is not ignorant-friendly and idiot-friendly.
    39. Re:End? by Redwin · · Score: 1

      Oooh, I wonder if recursive patents are taken? Patenting a patent of a patent of a....

      --
      Warning, comments may not have been passed by the sanity department of my brain.
    40. Re:End? by Sheepdot · · Score: 2, Informative

      tough tarts, all amazon has to do is claim prior art and that company can sit and spin. No need to get your own patent on it.

      I know a patent lawyer that would disagree, and actually proposes "patent first" on items in order to protect companies from getting burned. In fact, he worked with several mid-size companies when Unisys went nutty. Several of these companies were the first to use the .GIF format on the WWW, and had legitimate reason to argue against Unisys's claim to own the patent due to the doctrine of equivalents applying to essentially everything.

      This patent was filed so amazon could prevent competition from using this "technology". It's got nothing to do with protecting itself from lawsuits and everything to do with amazon reserving the right to sue others.

      He works for Amazon. ;) And Nokia, and Ebay, American Eagle, etc.

    41. Re:End? by Anonymous Coward · · Score: 0

      That is so in "Bad Faith" of the patent system.

    42. Re:End? by doubledoh · · Score: 1
      I really don't think so. Even MY shitty open commerce site has been using a recommendation script that suggests additional products based on previous views and shopping cart contents. In fact, hundreds of online stores have been doing this for years. This is no different from sales people seeing you try on X product and walking up to you and suggesting Y because of it, or buying X product at the counter, and suggesting you try Y because of it. This is not a new idea, and there is NO way in hell that amazon could sue other stores for using such a "technology" since it has been around since sales transactions have begun. I think the parent is right in that amazon got this essentially absurd patent just to fend off equally absurd and frivilous lawsuits.

      Amazon will not be suing other businesses for suggesting products based on a user's previous product views, because they'd have to sue me for what my store has been doing for years (and they'd have to sue ten thousand other stores as well) and they would lose every time because this is NOT new, and it certainly wasn't Amazon's invention.

      Forget about Amazon. The patent office really needs a HUGE paradigm shift. They need to get some smart tech people in there to revolutionize the whole goddamned place because it's starting to look like the rabbit hole from alice in wonderland. They should issue public statements saying that all absurd patents will be rejected immediately, and a full review of existing web patents will result in thousands of existing patents to be trashed as well. We need to restore confidence in the patent process, because if we don't, some of the other posters will be right...people will start respecting patents about as much as we respect media compyrights today.

      Wild wild west, here we come! Hmmm...maybe that's not such a bad thing...

      --
      I think, therefore I doh.
    43. Re:End? by Z-Knight · · Score: 1
      how long before someone patents making a profit?

      Done and done!!! SCORE!!

      Thanks for the idea....muhahaha!!

    44. Re:End? by bubblewrapgrl · · Score: 1

      current software patent situation punishes producing and rewards parasiting

      While this may be true, many software companies are aware of this. The one that I used to work for actively encouraged people to submit ideas that could potentially become incorporated into the software to the patent department. They didn't have to have all of the details worked out, just an idea. The rationale was that the company would be protected from other people patenting something that should be in the software. A lot of patents were taken out on things that never actually made it into the software.

      Is that an abuse of the patent system? Probably. From a business standpoint, though, it's probably the right decision. Software companies don't want their development to be hindered by other patents out there and they don't want to have to take cases to court.

    45. Re:End? by Anonymous Coward · · Score: 0

      "If you were in amazon.com's shoes, you'd probably conclude however relucantly that these actions are absolutely necessary."

      And when one of these "absolutely necessary" actions keep you from using an idea you have ?. amazon.com is nothing more then an online bookstore+, thats why I don't buy from Borders, Borders uses Amazon for online ordering. I will be sure to tell Borders what I think of Amazon's patent with my money that I don't spend in their stores.

    46. Re:End? by AviLazar · · Score: 1

      They might be patenting the specific algorithms used. Has Amazon actually sued anyone yet with regards to these patents? Personally, I would think other companies could jump up with prior art. These associations seem to have been around for a while. CDnow did it, netflix does it. When i go to a mom N pop online computer parts store and buy something, i usually get recommendations "You just bought a dvd burner, would you like to buy 100 dvd's, dvd scratch remover, dvd audio cable,...."

      --

      I mod down so you can mod up. Your welcome.
    47. Re:End? by Duct+Tape+Jedi · · Score: 1

      keep in mind that amazon.com is only acting to protect its interests. . . . If you were in amazon.com's shoes, you'd probably conclude however relucantly that these actions are absolutely necessary.

      If they were only interested in protecting themselves from lawsuit over a patent issue then they should make the patent public for everyone to use to make sure nobody gets sued over something as trivial as this. In fact a good way to prevent stupid trivial patents would be to patent everything trivial and then make it public domain.

    48. Re:End? by rk · · Score: 1

      Bless you! I have noticed this trend for some time and this thread was enough for me to sport a new sig.

    49. Re:End? by Storm · · Score: 1

      Dude! Don't give their lawyers any idea...Remember, those poor starving lawyers need to re-upolster their BMWs.

      --
      --Storm
    50. Re:End? by InvalidError · · Score: 1

      For the costs, I did a quick check and $10k in the upper range for US/Canada patents with $20k being the upper range for WIPO (Patent Cooperation Treaty - PCT) filings.

      The main advantages of filing with WIPO is savings in translation costs, no need to follow each country's specific procedures and having to redundantly defend patent challenges for each individual registration. None of the FAQs I read give any specifics about PCT pricing but they do imply additional costs less than individual filings to get actual protection in each region/country.

    51. Re:End? by Anonymous Coward · · Score: 0

      Agreed, allowing people to patent generic software features / functions allows for alot of patents which interfere with the creation of good software.

    52. Re:End? by Anonymous Coward · · Score: 0

      Naive? Oh yes.

      For nearly 18 months, I have been trying invalidate Open Market's "shopping cart" patents. Of the hundreds of people that I have talked to -

      "Sure there should be plenty of prior art - we all did that."

      "Do you have any?"

      "No, I threw all that stuff any years ago. I do [insert non-computer-activity or Nothing-I'm retired]."

      It's the same story with an Ideaflood patent on domain hosting.

      In Internet time, prior art is frequently lost within a year. And no, the Internet Archive doesn't go back that far, nor is it complete as many companies use robot exclusion to avoid getting picked up. And no documentary evidence == no prior art. Full stop.

      So, expect to pay an extra fifty cents on every internet transaction that uses a shopping cart in the near future...or write the Commissioner of patents and ask him to take a really good look at the issue like he did with RIM and Eolas...

    53. Re:End? by the.aham · · Score: 1

      People are so trigger... er... sue-happy nowadays that we'll need a patent to make money in the future. At the rate people continue to sue over coffee they spilled on themselves while driving, we'll eventually need a patent to save the human race - imagine what would happen if patents were granted to sex positions [maybe that's a good thing... stop stupid people from (accidentally) reproducing?] Anyway...

      Since when was any innovation a result of pure thought unrelated/not based on any previously existing item/concept? Every patent infringes on previous ones... the kicker is that the legal pardon comes in the form of "references" just below each patent's abstract.

      Sooo... does the concept of the patent hold water anymore? Not sure ::goes into deep thought::

    54. Re:End? by Anonymous Coward · · Score: 0

      That's brilliant! 1) Patent getting absurd patents 2) Wait 3) Sue and profit!!! In the end everyone wins.

    55. Re:End? by greydmiyu · · Score: 1

      I still have yet to purchase anything from Amazon since the one-click patent. Everything since then has been through Barnes & Noble. In fact B&N got a loyal brick and mortar customer that day, too. I rarely go into any other bookstore.

      So no effect? That's hyperbole. Negligable effect from Amazon's point of view? That would be spot on.

      --
      -- Grey d'Miyu, not just another pretty color.
    56. Re:End? by fmonteiro · · Score: 1

      > some nothing company sues Microsoft over some
      > ridiculous patent having to do with hyperlinks
      > in a browser, for example. The best defense is
      > offense in this case

      So these companies are patenting just to protect themselves, not necessarily to sue other companies?

      If so, why are such companies trying to push for software patents in the European Union? There's no such threat here...
      (don't know about Amazon, but since you've mentioned Microsoft is)

    57. Re:End? by falconwolf · · Score: 1

      If it's really an altruistic goal and they simply want to protect themselves, why not then release the patent in some way (I'm not sure if it's possible to release, but I'm sure it's possible to donate it to some non-profit organization).

      At least in the US you can put a patent you own into the public domain thus allowing anyone to use it freely.

      Falcon
  2. Patent Politics by rednip · · Score: 4, Funny
    When will this stupidity end?
    One session of Congress after someone patents the business model of "infulencing legislation by campain donation, "informational trips" to resorts, and payments for public speaking. Or better yet patents a bicameral legislature, then sues the U.S. govt.
    --
    The force that blew the Big Bang continues to accelerate.
    1. Re:Patent Politics by IdleTime · · Score: 1

      Never!

      And the reason si that corporations who benefits from patents have all the necessary politicians in their pockets through legally bribery in the wonderful "democratic" political system here in USA. If you sincerly believe that american politicians care about the people who "elected" them, I have a beach-front property in Wyoming I'd like to sell you... Cheap too!

      --
      If you mod me down, I *will* introduce you to my sister!
    2. Re:Patent Politics by Anonymous Coward · · Score: 0

      works as long as you classify 'beach-front' property as having a lot of sand, and maybe some water...

  3. Wait by PunkOfLinux · · Score: 4, Interesting

    this has been going on for years. These same ideas are used in amaroK, on Audioscrobbler, all over the place. How can they patent something that's been in use for a long time and is probably already patented?

    1. Re:Wait by The+Snowman · · Score: 5, Insightful

      this has been going on for years. These same ideas are used in amaroK, on Audioscrobbler, all over the place. How can they patent something that's been in use for a long time and is probably already patented?

      I am sure there is prior art all over the place. For example, most online retailers have blurbs saying "customers who bought this product also bought these..." and give a list. This is the exact same thing done in aggregate, and I am sure someone will use it to invalidate this dumb patent.

      --
      24 beers in a case, 24 hours in a day. Coincidence? I think not!
    2. Re:Wait by 0111+1110 · · Score: 4, Insightful

      and I am sure someone will use it to invalidate this dumb patent.

      How optimistic of you. While you are making predictions, care to predict who exactly is going to do this? I have a prediction of my own: this patent will stand and the other uses of the concept (like audioscrobbler) will be sued into submission. Or maybe just disappear even before getting sued. I think a well-drafted warning letter will suffice.

      For example, most online retailers have blurbs saying "customers who bought this product also bought these..." and give a list.

      Prior art is based on the date of the application, not the date the patent is granted. You will have to dig a bit deeper than that.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    3. Re:Wait by AstroDrabb · · Score: 3, Informative
      This is the exact same thing done in aggregate, and I am sure someone will use it to invalidate this dumb patent.
      Don't be so sure. To invalidate this dumb patent will require _lots_ and _lots_ of money. How many companies out there will be willing to pay that bill? Most will just pay Amazon a _much_ smaller "fee" to use this "innovative and unique" patent.
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    4. Re:Wait by Anonymous Coward · · Score: 0

      Prior art exists for almost every software patent -- and for the rest, the patents are obvious to any programmer with minimal intelligence.

      What matters is not the prior art, nor the obviousness. What matters is who has the money to weather the lawsuits.

    5. Re:Wait by QuantumG · · Score: 1

      The key word in the term "prior art" is prior. Amazon has claimed that they were the first to implement this system. There is an easy way to prove them wrong.

      --
      How we know is more important than what we know.
    6. Re:Wait by Anonymous Coward · · Score: 0

      Well, to be perfectly honest, the first place I ever saw this implemented was Amazon, and my first thought was "Wow, that's a pretty good idea".

      So I'd be rather interested to see if anyone _can_ find prior art.

    7. Re:Wait by Taladar · · Score: 2, Funny

      In the Stone Age Ugh traded a sharp stone and a stick from Ogh and Ogh thought "He will probably build a weapon from those" and asked him wether he also wanted to trade for a piece of string to tie the two together.

    8. Re:Wait by ThePromenader · · Score: 1

      "I am sure there is prior art all over the place."

      "Time to go to the market!" (Getting out sketch pad) "Okay, we need provisions. The market is three kilometres away and that tarmac is HOT." (scribbles, nods, starts madly tying a pair of sandals) Wait, those provisions are HEAVY. (scribbles a travois, scratches head, draws the same rolling on logs, hums, scratches head, eyes light up, shouts "eureka", dances around room then draws the trevois lying across an axle between the cut ends of a thick log). "Okay, I hope someone just invented a market to buy things at... time to go!" (knock on door) "Hello? Patent office. I'm sorry sir, everything you've made just now has been invented already. And have you bought a license for that fire over there?"

      Protecting complex physical mechanisms from rip-off "clone copying" is understandable. Protecting the ideas behind their making from ever being used again isn't.

      --

      No, no sig. Really.

      ThePromenader
    9. Re:Wait by SargeantLobes · · Score: 1

      It's easy, just get a patent yourself. Like "the Wheel" or "sneezing" then you'll make lots of money, so we can fight these silly patents!

      --
      I do love "!" but not as much as I love "..."...
    10. Re:Wait by jghiloni · · Score: 1

      care to predict who exactly is going to do this?

      If push comes to shove, IBM. They have a very similar product in their Likeminds recommendation engine, which they bought from Macromedia in 2000. Likeminds has been around since, I think, 1998. I think they've got a pretty good prior art case on their hands.

    11. Re:Wait by dmaxwell · · Score: 1

      The Atariage Store does this as well: www.atariage.com. They've been doing it for at least two years and probably more. They also have a selection of non-Atari classic gaming items.

      They'll throw up a list of 5 or 6 other items with a blurb that says "Customers who bought the Jammed! Cartridge also bought ......"

    12. Re:Wait by crustymonkey · · Score: 1

      Hell, I'm going to patent patenting, make billions of dollars and live on a beach drinking pina coladas and laughing hysterically!

      --
      \033:wq!
  4. Isn't this just a staple of old fashioned retail? by jmp_nyc · · Score: 5, Insightful
    You walk into your neighborhood shop. The proprietor knows you and your purchasing history. Upon seeing you, you're greeted with a suggestion of things you might want to purchase based on your previous purchases and the buying patterns of other regular customers with similar preferences. This has been going on more or less since the creation of a currency based purchasing system. All Amazon did was create an algorithm to automate the process.

    The problem is that the algorithm is obvious to anyone who understands the process, and the process is too well known to be subject to a patent. (Even so, that patent would have expired sometime well before the USPTO was created.)

    I suppose if Amazon can't put well run stores out of business by taking all their customers away, they can patent the concept of good retail instead...
    -JMP

  5. 6th by FaramirTook · · Score: 0, Offtopic

    I hope this works...

  6. Simple.. by pair-a-noyd · · Score: 2, Insightful

    "When will this stupidity end?"

    Never..

    1. Re:Simple.. by Toba82 · · Score: 1

      Yeah, that's my impression too. I've decided to just ignore it because I can't do a damned thing about it. Oh well.

      --
      I pretend to know more than I really do by mooching off google and wikipedia.
  7. Maybe? by Anonymous Coward · · Score: 0

    Can someone patent "a method of obtaining patents for software innovations" and then sue anyone who tries to do so?

    1. Re:Maybe? by aussie_a · · Score: 1

      a method of obtaining patents for software innovations

      Amazon will be safe from you, because your patent requires someone to innovate in order to break it.

  8. Re:When will this stupidity end? by LordBodak · · Score: 5, Insightful
    Research? The problem with Amazon's patents (and 95% of other software patents nowadays) is that they don't research to come up with these things, they take basic foundations of e-commerce and traditional retailing that have been in use for years, if not decades, and then patent them.

    What happened to prior art?

    --
    LordBodak's journal.
  9. Re:When will this stupidity end? by Anonymous Coward · · Score: 0

    You mean being rewarded bullshit?

    Oh that's right, we have prior art for that:
    It's called a politician...

  10. Re:When will this stupidity end? by catbutt · · Score: 3, Interesting

    I'm kinda on your side, except that I think software patents would make more sense if they only lasted 4 or 5 years. On a patent like this, where someone would have surely done it in short order if they hadn't done it first, a 20 year patent is rather silly.

  11. Getting Worst... by __aaclcg7560 · · Score: 0, Troll

    The worst part would be if the government gets your purchase history under the Patriot Act, they could use Amazon's recommendation to figure out what stuff you could've ordered. So if you're flag-burning, violence-reading, sex-watching, WMB-building subversive, your past and future has already been determined by Amazon. The government only has to decide in the present when to send you to Gitmo.

    1. Re:Getting Worst... by 0111+1110 · · Score: 2, Funny

      U2 has an album called "How to build an atomic bomb". Not a smart purchase if big brother is watching.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    2. Re:Getting Worst... by InfiniteWisdom · · Score: 1

      It's called How to Dismantle an Atomic Bomb, but thanks for playing,

    3. Re:Getting Worst... by coopex · · Score: 2, Funny

      Don't you see, that's the genius of it! Played forward, it's ordinary Bono and such. But backwards...

      --
      The road to hell is paved with good intentions.
    4. Re:Getting Worst... by Anonymous Coward · · Score: 0

      yeah, you can pick it up at amazon

    5. Re:Getting Worst... by Anonymous Coward · · Score: 0

      No, that's called a Tivo.

  12. When will this stupidity end? by CommunistTroll · · Score: 4, Insightful

    When you realise that democracy is just a veneer over a system where big business writes the rules and calls the shots.

    When this knowledge makes you get out of your complacent "everything for the best in this, the best of all possible worlds" attitude and makes you start organising.

    When the revolution comes.

  13. The End? by Ossifer · · Score: 1

    When will this stupidity end?

    When everyone stops buying from Amazon.

    1. Re:The End? by softends · · Score: 1

      It's a jungle out there

  14. Patent THIS, Bezos... by blcamp · · Score: 4, Funny


    I claim ownership and patent to the entire process of human indigation of all ridiculous patents that are OBVIOUSLY based on prior fscking art.

    --
    The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
    1. Re:Patent THIS, Bezos... by ToasterofDOOM · · Score: 1

      I claim ownership and patent to the entire process (and any processes in any way remotely related to) meta patenting. Thus, the USPTO is mine and you are all free to go home now.

      --
      I am Spartacus
  15. Re:Isn't this just a staple of old fashioned retai by angle_slam · · Score: 1
    All Amazon did was create an algorithm to automate the process.

    Why damn "automation" as if it were nothing? All Henry Ford did was automate the construction of automobiles. All James Watt did was automate the production of power.

  16. Re:When will this stupidity end? by Dancin_Santa · · Score: 2, Interesting

    The onus is on you (well, on anyone who wants to challenge the patent), then, to provide that prior art.

    It will be difficult, I imagine, because Amazon is one of the pioneers of ecommerce, so much of what they have done has been original within the context of the Internet. Many technologies used by Amazon were mimicked by other online retailers, so it ought to be no surprise that there were various examples of it implemented while the patent was pending.

  17. Patents are stupid. by Anonymous Coward · · Score: 4, Insightful

    Patents are usually discussed in the context of someone "stealing" an idea from the long suffering lone inventor that devoted his life to creating this one brilliant idea, blah blah blah.

    But in the majority of cases in software, patents effect independent invention. Get a dozen sharp programmers together, give them all a hard problem to work on, and a bunch of them will come up with solutions that would probably be patentable, and be similar enough that the first programmer to file the patent could sue the others for patent infringement.

    Why should society reward that? What benefit does it bring? It doesn't help bring more, better, or cheaper products to market. Those all come from competition, not arbitrary monopolies. The programmer that filed the patent didn't work any harder because a patent might be available, solving the problem was his job and he had to do it anyway. Getting a patent is uncorrelated to any positive attributes, and just serves to allow either money or wasted effort to be extorted from generally unsuspecting and innocent people or companies.

    Yes, it is a legal tool that may help you against your competitors, but I'll have no part of it. Its basically mugging someone.

    - JC

    1. Re:Patents are stupid. by SquarePants · · Score: 5, Insightful

      Get a dozen sharp programmers together, give them all a hard problem to work on, and a bunch of them will come up with solutions that would probably be patentable, and be similar enough that the first programmer to file the patent could sue the others for patent infringement.


      Using your scenario,any solution at which a bunch of programmers could independently arrive would, under most circumstances, be "obvious" and therefore not patentable. The problem is not the patent laws, it is the implementation.

      There aren't sufficient examiners skilled in the art of software programming to determine in most cases when something is obvious. Those examiners who are skilled are overwhelmed and can only do a very cursory job of searching in the time alloted to examine every application. Most of the time, the only search done is of patent prior art which in the field of software is sparse.

      As much as I hate saying this, this is one of those problems that does require money being thrown at it in order to solve. We need to hire more and better examiners. We need to pay the skilled examiners better to retain them.

      That is not to say that the USPTO does not have other problems. But lack of funding is certainly one of the biggest. Of course, the reason for this is that nobody in aposition to do something about this really has any incentive to do so.
    2. Re:Patents are stupid. by QuantumG · · Score: 0, Troll

      You're preaching to the wrong crowd. This is Slashdot where even the greatest inventions are considered unworthy for patent protection. It upsets the apple cart for programmers to think about patents.

      --
      How we know is more important than what we know.
    3. Re:Patents are stupid. by Anonymous Coward · · Score: 0

      I think the grandparent's idea is that software programming is a lot like math. There are only so many unique solutions to a problem. Patents make no sense in this context. It isn't that it's obvious but rather programming solutions are closer to truths rather than engineering methods.

    4. Re:Patents are stupid. by frag+thief · · Score: 1

      As much as I hate saying this, this is one of those problems that does require money being thrown at it in order to solve. We need to hire more and better examiners. We need to pay the skilled examiners better to retain them.

      That's called wishful thinking.

      The system is fucking broken. They are permitting (in the virtual world) patents that are stupid in two extremes.

      The first stupid extreme is science fiction patents. If I tried to patent invisiblity, they'd ask me (naturally), "ok, how does your method work?" Meaning I would need to invent invisibility to patent it. However, in software I can just cobble together a vague concept and hope to sue someone smart and talented later. Or better yet, find someone smart and talented, observe what they've created, THEN file a patent and sue them.

      "But", you say, "they can easily challenge your evil because of the glorious and fair systems in place."

      Yeah, and it will only cost them a couple of million in legal fees to attempt to prevent me robbing them.

      The second stupid extreme is New Because it's VIRTUAL!. I couldn't patent a bucket or a grocery list in this world, but Amazon can patent shopping carts and Microsoft can patent 'todo lists' in the virtual world because ... well, I have no real explanation why. Underpaid morons at the patent office I suppose.

    5. Re:Patents are stupid. by SlowMovingTarget · · Score: 1

      I'll agree that many software patents are absurd, and certainly harmful to the software business at large.

      I don't think the problem can actually be solved by getting better examiners. That would be a losing battle in today's business climate, because there will always be some trick to wording the application so that it gets approved.

      Rather, we need some way to level the playing field for the little guy or gal. If a little vendor, or even a lone programmer working out of his garage, let's say, violates an absurd patent, it ought to be easy enough for him to present a reasonable argument and overturn the patent. What happens today is that it becomes so financially burdensome to overturn a patent held by a large company that it is beyond the means of anyone save another large company.

      We need some way to level the effect of the resources coming from the giant corporation. The laws and lawmakers (in the U.S.) favor big business, however, and I don't see how this could be fixed without a change to the laws, and to lawmakers' attitude toward big business.

  18. Hold On... by HG+Slashdot · · Score: 0

    When will this stupidity end?
    Its just been slashdotted it is dead.... oh wait....

    --
    j0b.org - A famous domain name for sale
  19. Re:When will this stupidity end? by Anonymous Coward · · Score: 0, Funny

    i don't think anyone should be rewarded for anything in society.

  20. Re:When will this stupidity end? by bonehead · · Score: 1

    "Prior Art" is something that you use to defend yourself when you're being sued for infringement. The USPTO doesn't really take it into consideration during the process of granting a patent.

    (Although they should.)

  21. Duh by Linus+Torvaalds · · Score: 5, Interesting

    When will this stupidity end?

    When you manage to coerce your elected representatives into.. I dunno... representing you?

  22. OT ... but I'm curious. by Anonymous Coward · · Score: 0

    Does eBay hold a patent on online auctions?
    I noticed Overstock is starting to get into the business.

    1. Re:OT ... but I'm curious. by telstar · · Score: 1

      Looks like MercExchange does and despite eBay not licensing their patents, others have.

  23. Amazing by Decaff · · Score: 1

    A patent on something that almost everyone who has ever written a website marketing anything already does.

  24. hmmm..... by God'sDuck · · Score: 2, Funny

    y'know, if they're asleep at the wheel anyway, it may at last be time to submit patent proposal #7,545,763: A system in which a central authority examines claims by inventors, selects which ones are original, and then protects said inventors from others copying their artifice.

    1. Re:hmmm..... by flatface · · Score: 1

      yeah, but too bad the USPO doesn't have prior art over that.

    2. Re:hmmm..... by Anonymous Coward · · Score: 0

      If you had said "non-obvious" in there, the USPO wouldn't have been violating it. :)

  25. Re:When will this stupidity end? by Anonymous Coward · · Score: 0

    OK, don't feed the trolls and all, but still, let me follow the flow of this:

    Amazon patents an insanely silly thing like "tracking pageviews and/or using elementary statistics."

    Submitter writes, "When will this stupidity end?"

    You conclude, "'It' will end when you come up with a good idea and try to patent that idea and then get shouted down by the Slashdot peanut gallery. 'It' is your thinking that people shouldn't get rewarded for their research."

    You took a legitimate complaint about an obvious problem and assumed that the submitter is fanatically opposed to the very concept of patents. While you were vaulting these great logical chasms, you probably also decided that the submitter is a Satanist, smokes pot, and is "gay." Congratulations, you have necessary skill to become a TV pundit!

  26. Here's how you end this madness by melted · · Score: 0, Redundant

    Go ahead and patent the patent process. Then impose heavy licensing fees, a million dollars per patent should be enough.

    1. Re:Here's how you end this madness by DuckofDeath87 · · Score: 1

      sadly, that would only make it worse.
      Then only the biggest of the big companies could patent everything.

    2. Re:Here's how you end this madness by The+Desert+Palooka · · Score: 1

      ah, then say that the patent is a subsidation for the small fry and bar the large company from it. Then just charge about 1K-2K for a patent, make some money, and pull for the little guy to boot.

  27. Re:When will this stupidity end? by Anonymous Coward · · Score: 2, Funny

    Wow, "Communist Troll" got modded up. Somebody's drinking the Stalin Kool-Aid too hard today...

  28. end? by Triggnus · · Score: 0, Offtopic

    Silly person, stupidity never ends. Where ever you go there is always a limitless supply of stupid. If only we could power cars with it.

    --
    The belief that you know a thing is a most perfect way to prevent learning.
  29. This seems reasonable by ThreeE · · Score: 0, Flamebait

    I don't code for living, but I do work and patent other types of intellectual property -- and I have to say this seems like a reasonable patent. Why all the fuss? I think it's just sour grapes from those people that didn't think of, or didn't go to the effort to patent the idea.

    They do mention patent boundaries due to prior art and they specify specific embodiment examples. Yep, it's a patent. [STAMP]

    Welcome to the real world and the economic engine that is capitalism. Everything good in the world today flows forth from its bosom.

    1. Re:This seems reasonable by Triggnus · · Score: 1

      When did you lose your ideallism?

      --
      The belief that you know a thing is a most perfect way to prevent learning.
    2. Re:This seems reasonable by ThreeE · · Score: 1

      I suppose when I started making 6 figures...

      But seriously, there are so many real problems in the world that people will pay you real money to solve. Patents are just part of the process by which humans solve problems -- and get paid for it!

    3. Re:This seems reasonable by 0111+1110 · · Score: 1

      other types of intellectual property

      What kind of property did you say? 'Intellectual' property is a contradiction in terms. You can't own an idea. Although you are free to try.

      I think it's just sour grapes from those people that didn't think of

      Patenting an obvious idea like this does not serve the public good in any way and neither amazon.com nor Bezos as any 'right' to it whatsoever. Can anyone seriously argue that Amazon would not have developed the system if they knew they coudn't patent it? Bullshit. This is not like a pharmaceutical corp looking for a return on the investment of billions in drug research. Recommendations based on past purchases is not some kind of 'invention'. It is just a marketing idea for frack sake.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    4. Re:This seems reasonable by fishbowl · · Score: 1

      > I suppose when I started making 6 figures...

      Minimum wage is a couple hundred short of being six figures too.

      --
      -fb Everything not expressly forbidden is now mandatory.
    5. Re:This seems reasonable by fishbowl · · Score: 1

      Oops, make that *five* figures. Majored in math, not artithmetic or standup comedy. so shoot me.

      --
      -fb Everything not expressly forbidden is now mandatory.
    6. Re:This seems reasonable by zoips · · Score: 2, Insightful

      Why all the fuss? Maybe because people like my mother (totally computer illiterate) came up with the same concept merely by wishing it existed, and because it's a relatively trivial concept (which should cause it to fail the obvious test, which I mention again later on).

      Without even looking at the patent, I imagine it covers this basic idea:

      Person A looks at Product 1, Product 2, and Product 3.
      Person B looks at Product 2, Product 3, and Product 4.
      Person C looks at Product 2 and Product 3.

      Along comes Person D, who looks at Product 3. The program then goes and dredges up the viewing history of everyone that looked at Product 3 and noticed that (in this contrived example) all of them also looked at Product 2. It therefore offers Product 2 as a suggestion.

      Now obviously with a much larger dataset some statistical analysis will need to be done to try to determine relavence, but that of course would be unpatentable since it's plain old math.

      Seriously, this concept is ridiculous in its simplicity and obviousness, and when laid out this way, it should be crystal clear that it is in fact not a new concept at all, but has been in use, either consciously or subconsciously, for probably about as long as the concept of commerce has been around.

      So what are they actually left with to patent? An idea that has been around for as long as commerce? Obviously not. Math? Again, obviously not. What exactly was patented? The idea that a machine can do that for us? How is that not obvious given the past 20-30 years, and the rapid push to have computers do everything for us?

    7. Re:This seems reasonable by KwKSilver · · Score: 1

      So if I patent thinking, you won't mind being lobotomized to avoid infringing my patent. After all, it would just be sour grapes to object. Yes?

      --
      If you want your life to be different, live it differently.
    8. Re:This seems reasonable by ThreeE · · Score: 1

      Intellectual property is a common term -- a blueprint for example.

      And what does the "public good" have to do with anything? This isn't China and it is called capitalism.

    9. Re:This seems reasonable by adtifyj · · Score: 1

      And besides the obvious virtual part of this patent, sales staff have been doing it for a while now.

      A person walks into the clothes shop wearing denim jeans and is looking for a jacket. The attendant will suggest what is most likely to be purchased based on what purchases other denim wearing consumers have made.

      Its called sales, and you can find out lots of other great tactics at your local library, and now apparently the patent office is a repository of knowledge, so you may want to check there as well.

      Maybe I should patent using the patent database to lookup known facts and mathematical formulas. Its definately looking like a trend that is on the increase.

    10. Re:This seems reasonable by X.25 · · Score: 4, Informative

      Welcome to the real world and the economic engine that is capitalism.

      The world you live in has nothing to do with capitalism anymore.

      Capitalism was, MAYBE, present during 1950-60's, but what people are experiencing now is something so deformed it needs a new name.

    11. Re:This seems reasonable by Anonymous Coward · · Score: 0

      Greed?

    12. Re:This seems reasonable by Anonymous Coward · · Score: 0

      I suggest "post-democratic kleptocracy"

    13. Re:This seems reasonable by yppiz · · Score: 1
      Mod parent insightful or informative. It's not flamebait, it's a reasonable description of the patent process.

      --Pat / zippy@cs.brandeis.edu

    14. Re:This seems reasonable by Anonymous Coward · · Score: 1, Interesting

      It's called Corporatism which is a form of Fascism in which large corporations call the shots. In our form of capitalism money doesn't just talk, it swears and curses louder than anyone can imagine. It buys democracy and justice and walks all over any form of decency or common egalitarianism. And it is only going to get worse.

    15. Re:This seems reasonable by Anonymous Coward · · Score: 1, Informative

      by X.25 (255792) on Wednesday June 29, @12:14AM (#12938756)
      Welcome to the real world and the economic engine that is capitalism.

      The world you live in has nothing to do with capitalism anymore.

      Capitalism was, MAYBE, present during 1950-60's, but what people are experiencing now is something so deformed it needs a new name.


      Nah, the old word plutocracy works perfectly well.

  30. Re:When will this stupidity end? by bonehead · · Score: 4, Insightful

    You are, of course, right...

    But let me pose this question.

    Why should a business practice that has been around for thousands of years be deserving of a patent simply because the retailer in question operates a different type of store? Mom & Pop shops have been making suggestions to customers based on past shopping habits forever.

    Why does attaching the word "Internet" suddenly make this a new and novel idea?

  31. It may seem stupid by Parham · · Score: 3, Insightful

    It may seem stupid from a programmer's point of view. This is technology that several people currently use, and it's someone a half-decent programmer can easily implement.

    However, look at it from Amazon's point of view. They're trying to make their business as unique as possible, and if it takes a few of these patents for them to keep their edge over their competitors, why not?

    A lot of school's don't teach this side of technology to their students. Sure we learn how to implement ideas, but rarely do we realize that something we've developed can be patented and protected. I'm not defending them or anything, but just giving their point of view. They're smart for doing it, but it's damn annoying that we have to put up with it.

    1. Re:It may seem stupid by eclectro · · Score: 1

      They're smart for doing it, but it's damn annoying that we have to put up with it.

      Smart for being obvious?? Or being smart for manipulating the patent system so it will grant you a patent on something that is obvious by those working in the field??

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    2. Re:It may seem stupid by Parham · · Score: 1

      Smart for managing to convince those not in the field that it's not at all obvious. Can you imagine how many of these patents would be thrown out if there was ONE guy in the field who approved these things? In any case they're smart for being able to exploit something that seems obvious to us. I guess this is why they're businessmen and we're developers/programmers.

    3. Re:It may seem stupid by 0111+1110 · · Score: 1

      They're smart for doing it, but it's damn annoying that we have to put up with it.

      Fair enough. The morons working at the USPTO are just as much at fault. But they will lose some customers over this kind of nonsense. I for one will avoid buying from them whenever possible. The one-click patent was bad enough, but these rat bastards were just getting started. I've had enough. They are not the only site for books, music, and movies. I'd like to see a geek boycott of Amazon. Hopefully a more effective one than the Adobe boycott during the whole Sklyarov incident. Those of us who feel that Amazon is abusing the patent system can at least vote with our dollars.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    4. Re:It may seem stupid by plierhead · · Score: 1
      However, look at it from Amazon's point of view. They're trying to make their business as unique as possible, and if it takes a few of these patents for them to keep their edge over their competitors, why not?

      Exactly. The patent system is an absurd one, but also, it IS the environment we live in. Expecting Amazon to do "the right thing" by not filing absurd patents when everyone else is doing so is simply not reasonable. If anything, their filing of absurd patents is a good thing - once the absudity reaches some level the system may implode.

      That said, the patent for "method for swinging from a tree" was not enough to bring it down.

      I believe the only workable system is to force "inventors" to post a bond of, say, $10K, along with their patent. This is put up as a bounty, available to anyone who can break the patent - eg by proving prior art. This might spawn an entire industry of people who would spend their time cleaning up the patent system.

      And before we start weeping for the poor, penniless inventors who would be disadvantaged by having to stump up some money for their patent - consider whether the current system works for these people anyway, or whether it really only serves the mega-corporates. The little man/gal with a genuine patent these days has no hope against a rapacious corporate who can trump then with 20 stupid patents.

      --

      [x] auto-moderate all posts by this user as insightful

    5. Re:It may seem stupid by Anonymous Coward · · Score: 0

      Wow! You've convinced me. I'm off to sell my Amazon shares right away - before you and your geek brethren send the stock straight into the toilet.

      Lawdy, Lawdy, Lawdy!! The sky will be a-fallin'!

    6. Re:It may seem stupid by Anonymous Coward · · Score: 0

      It's not even about "making their business as unique as possible", it's all just a numbers game. The bigger and broader Amazon's patent portfolio is, the strong their let's-make-a-deal position is when some OTHER company challenges amazon with infringment. While software patents are for the most part absurd, this single instance isn't news. Get back to me when amazon's lawyers start sending out threatening letters.

    7. Re:It may seem stupid by CProgrammer98 · · Score: 1, Informative

      Ugh, Incorrect apostophe use detected.

      "A lot of school's don't teach this side of technology to their students"

      What is the school posessing in your sentence?

      Please do not post on slashdot until you have completed our short course, "Apostophe 101"

      APOSTROPHE 101

      Module 1: Possessives

      In English, possession is usually indicated by adding an apostrophe - s to the end of a noun.

      e.g. John's car

      Module 2: Plurals

      In English, a plural is usually indicated by adding an s to the end of a noun

      e.g. John's car has five wheels.

      Module 3: Contractions

      In English an apostrophe is often inserted to represent missing letters

      e.g. John's car has five wheels. The fifth wheel's in the trunk, though
      or John's not counting the steering wheel in this analysis, by the way.

      Here the missing letter is the letter "i" - i.e., "The fifth wheel is in the trunk, though" or "John is not counting the steering wheel..."

      Module 4: The exceptions

      1) Nouns that end in an s can indicate plurals or possessives with the addition of an apostrophe

      e.g. "Thomas' bicycle has but two wheels", rather than the utterly agonizing "Thomas's Bicycle...".

      2) Usually, its is only apostrophised to indicate the contraction of "it is"

      e.g. The law was rejected because of its ambiguity. It's quite likely that it will be revised and reintroduced at the next session.

      But this changes when "It" serves duty as a proper noun:

      "The high spot of the Adams Family convention was the costume pageant. I counted about 200 Morticias, 180 Gomez' and 89 Cousin Its. I'd forgotten how long Cousin It's hair was"

      --
      And the people shall be oppressed, every one by another, and every one by his neighbour Isaiah 3:5
  32. Dear Chris... by viva_fourier · · Score: 0, Flamebait

    Dear Chris Cleveland,

    Based upon your inference that the patent of inferring A to B purchases is stupid, you have violated Amazon's patent on Stupid Inferences and thus owe us one *million* dollars.

    --Jeff B.

    --
    and now back to the fallout shelter...
    1. Re:Dear Chris... by viva_fourier · · Score: 0, Offtopic

      Flamebait? That's such a waste of a mod point... Oh well, at least this loose cannon moderator didn't label it insightful...

      --
      and now back to the fallout shelter...
  33. defensive move? by Quasar+Sera · · Score: 1

    I don't know which possibility I find more disturbing: that Amazon would choose to enforce this idiocy, or that the move was made in the interest of preventing somebody else from doing so.

  34. Let's form a community owned Patent by Anonymous Coward · · Score: 0

    The patent processes are becoming absurb and stifle true creativity. Propose to form a public organization owned PATENT similar to open source software. If you have any good ideas, send it to this organization and they will patent it on your behalf. The organization will survive on donations by interested parties. Any takers

  35. I've patented patenting absurd patents. by skitz0 · · Score: 0

    Amazon and Microsoft own me a ton of money.

    1. Re:I've patented patenting absurd patents. by NeoBeans · · Score: 1
      Amazon and Microsoft own me...

      Is this something to be proud of..?

  36. Plenty to go around by Anonymous Coward · · Score: 0

    Google has a patent on highlighting query terms.
    Microsoft has a patent on collaborative filtering.
    Amazon ditto.

    There is plenty of patent stupidity to go around

  37. Q. How many patent law suits has amazon filed? by MushMouth · · Score: 4, Informative

    A. One, against BN.com

    why doesn't slashdot print a story for every google or transmeta or ... software patent?

    1. Re:Q. How many patent law suits has amazon filed? by mzwaterski · · Score: 1
      Thank you!!

      Thank you!!

      Thank you!!

      Someone gets it! It apparently hasn't become very clear to people that getting a patent affords you very little benefit. The patent is only worth something if it can be used to protect an idea. And even further, that only applies when the company is even interested in using it.

    2. Re:Q. How many patent law suits has amazon filed? by agurkan · · Score: 0
      Can you point out a patent by Google or Transmeta that is as obvious looking as this one? Well, just submit the story then.

      The point is not this is a patent by Amazon, the point is this is an absurd patent.

      --
      ato
    3. Re:Q. How many patent law suits has amazon filed? by MushMouth · · Score: 2, Informative

      Google has plenty of ridiculous patents, one pointed out by a poster here is highlighting search terms. BTW google infringes on at least one Amazon patent that I know of, have they been sued? Also it seems to me that very few people are aware of just how narrow most patents really are, while the abstract may claim something very basic, when you get to the calims and the implementation details it becomes much more narrow. That said there was a bountyquest reward (posted by tim o'reilly) for finding prior art on the One Click patent (the only one Amazon has tried to enforce), it went unclaimed as the was none.

    4. Re:Q. How many patent law suits has amazon filed? by Anonymous Coward · · Score: 2, Informative

      "Google has plenty of ridiculous patents"

      Here, let me finish the sentence... ", but I can't take the time or make the effort to prove it."

      You know as much about Google's tactics as Tom Cruise knows about psychology... ZERO.

      The parent asked for examples, give 'em some!

      http://www.seoguide.org/se-patents-papers.htm
      http://news.com.com/2100-1024-986204.html
      http://www.webmasterworld.com/forum34/618.htm

    5. Re:Q. How many patent law suits has amazon filed? by MushMouth · · Score: 1

      I did point out that google patented highlighting search terms. While I didn't link to it, I haven't seen anyone link to one click.

  38. Patent Lawyers may be the key by PDMongo · · Score: 3, Insightful

    I would think that once patent lawyers stop making more money than the patent holders, both on creating and defending/enforcing unreasonable patents, these types of scenarios would be greatly diminished.

    --
    I've done the math, I know the odds, but I'm still disappointed when I don't win the lottery.
  39. stop using amazon! by Anonymous Coward · · Score: 0

    They are no longer the only game in town. And we really shouldn't positively reward this kind of behaviour.

    Personally I have had great experiences with alibris, but that's just me, I'm sure there's other alternatives out there...

  40. This is good news! by Anonymous Coward · · Score: 0

    As an Amazon customer I find it rather creepy and invasive. I wouldn't be surprised if browsing random customer histories is a popular pastime among Amazon's staff (and not just by folks in marketing). I hope Bezos sics his lawyers on anyone else who tries to do the same.

  41. Re:Isn't this just a staple of old fashioned retai by Qzukk · · Score: 2, Insightful

    Because the process is the same whether a computer or a person does it. If everyone is buying Gucci shoes, and you tell a customer that Gucci shoes are popular, why is involving a computer in the process "novel" when the process is exactly the same? Gucci_counter++; if Gucci_counter>popularity_threshhold then say "Gucci is popular, buy now!"

    If the computer did something DIFFERENT then clearly something novel would be taking place. But because everyone who buys a PSP later buys a memory stick, you tell your next customer that most people buy a memory stick with their PSP, and they should too. But should a computer tell them this, based on the EXACT SAME PROCESS, they better be shelling out the big bucks to Amazon!

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  42. Re:When will this stupidity end? by The+Only+Druid · · Score: 3, Interesting

    Because automating a process always makes it "new and novel". People can have babies pretty easily (usually), but you can bet your arse that if I figure out a way to automate it using machinery, I'm going to patent it (that way the Matrix will owe me money).

    More concretely, another poster mentioned that all Ford really did was automate the manufacturing process for cars. Are you diminishing his contribution to the industry? Are you suggesting his work wasn't a contribution?

    --
    "Stumble before you crawl"
  43. Re:When will this stupidity end? by SquarePants · · Score: 1

    I am not sure who told you that but you are dead wrong. The patent office makes a search of the prior art and if your invention is anticipated by the prior art, or is obvious inview of it, you get rejected.

    Searching for prior art is the primary function of a patent examiner

  44. Tell Me About It Dude by gadlaw · · Score: 1

    I bought "Vanishing Point" when it first came out in DVD. Bought it on Amazon since I had them email me to let me know when it came out. Vanishing Point is a movie from the 70's that has Barry Newman as a damaged soul -a spiritually and mentally drained man driving a souped up car in 24 hours from Denver to San Francisco breaking all the speed laws along the way until he has every police car and helicopter on his tail. They can't catch him as he pops uppers and has flash backs to the turning points in his life. You feel for Kowalski and you feel his pain. You are stunned when in the end he steps on the gas and drives his car into the road block made of two huge bulldozers. A stunning unexpected ending and one that makes you think about what you just saw. A movie that makes you think and examine your own philosophy of life. A cult movie. So now why does Amazon always want to show me that idiotic Vin Diesel movie Fast and Furious? Ahhhhhh --- no! Sure both movies have fast cars but that doesn't make them the same! That's Amazon's way of figuring out what I like. Nice try but they are wrong. Needless to say I don't trust their recommendations.

    --
    Enjoy your Karma, after all you earned it. Feel your Karma Joe, feel it burn.
    1. Re:Tell Me About It Dude by Mister_IQ · · Score: 1

      Wow, that sounds like a fantastic movie that I would have loved to see... ....except not anymore because you SPOILED THE ENDING. /me shakes his head in absolute disbelief.

    2. Re:Tell Me About It Dude by psykocrime · · Score: 1

      That's Amazon's way of figuring out what I like. Nice try but they are wrong. Needless to say I don't trust their recommendations.

      Maybe the sample-size was just too small for them to make good recommendations? Have you bought other DVDs from Amazon?

      Anyway, while I find this patent abhorrent, I will say that Amazon's recommendations are usually spot-on for me. At any given time, if I check my book or CD recommendations, the first couple of pages will almost always be full of stuff that I'd really like to have (or already own, but didn't buy from Amazon). I don't wind up making a lot of purchases because of their recommendations, but they're usually pretty damn accurate, FWIW.

      Anyway, that's just my experience...

      --
      // TODO: Insert Cool Sig
  45. Vagueness vs Infringement by NetSettler · · Score: 0, Redundant

    Is there someone reading this discussion that knows what the status of infringement law is when it comes to vague claims like this?

    For example, suppose I build a system that uses past viewing histories AND something else. Have I infringed, or have I used a different technique?

    What would happen if I patented "using the letter E in the making of recommendations"? Would that mean that anyone who uses the letter E and also does other things to make recommendations is infringing? Or would it mean they are doing "something else"?

    It seems to me trivial/obvious that you use "past knowledge" to make recommendations, so I'd be surprised the patent was granted if I didn't know that pretty much all patents like that get granted these days. But beyond the question of obviousness, it's equally obvious that this alone can't really give you the best solution. So am I "doing something else" or "refining this idea" if I use both this info and other info?

    Or is that something courts disagree about?

    --

    Kent M Pitman
    Philosopher, Technologist, Writer

  46. Hammer, nail, head. by lheal · · Score: 1

    The guy at my neighborhood hardware store knows more about my buying habits that I do. In fact, when I needed some shingles to patch around a skylight, he knew (before I told him "Uh, brown?") which shingles I needed. He had kept some from my last order, 5 years ago, just in case I ever needed some.

    He also knows that if I look at sandpaper, I may need some other sandpaper or mineral spirits or screws or glue or something else. He knows what "something else" is by seeing what I've looked at on my trip through his store.

    I hope he doesn't get sued for infringing their patent. I might need to patch my roof again soon.

    --
    Raise your children as if you were teaching them to raise your grandchildren, because you are.
    1. Re:Hammer, nail, head. by LoztInSpace · · Score: 1

      Reminds me of a joke...
      http://www.workjoke.com/projoke60.htm/
      Does this count as prior art?

    2. Re:Hammer, nail, head. by FirstManOnMoon · · Score: 1

      A 404 error? Yeah, that would be prior art... I think it was created in the middle 90's.

    3. Re:Hammer, nail, head. by Talrinys · · Score: 1
  47. Sure it will by Urusai · · Score: 1

    Once the human race destroys itself. It's looking to be sooner every day...

  48. Never Ending Thingy by kff322 · · Score: 0

    It will never end. It will just get dumber someone will sue and then prior art will go away. Things will just get annoying.

    What does the average earthling do when things get too annoying? Nothing; People just wont give a crap anymore. Just like file sharing and downloading music.

    See my Point?

  49. Corporate Takeover by boot1780 · · Score: 4, Insightful
    When will the stupidity end?

    When the corporate takeover of the government ends. The USPTO is acting in the interest of the technology industry, not the public. Same with the FDA. The FDA sees pharmaceutical companies as clients -- it doesn't even know it's supposed to be a regulatory agency. OSHA is basically asleep. Until public campaigns are financed by public dollars, the situation will only get worse.

    1. Re:Corporate Takeover by fishbowl · · Score: 1

      >When will the stupidity end?

      Let them patent everything imaginable now, so that inside of 20 years, a wave of IP-encumbered stuff will come out pretty much all at once. People are so desperate for anything that qualifies as "an invention" that this is what we are down to. It ended! We've been on the trailing edge of a bell curve of discovery that peaked around the 1920s, was still high during the "space age", and today, well, let's just say all the low hanging fruit is picked.

      --
      -fb Everything not expressly forbidden is now mandatory.
  50. Re:When will this stupidity end? by fermion · · Score: 3, Interesting
    I don't think it is democracy, I think it is the US system. Old george and his good old boys were not looking for a democracy, they just did not want to pay taxes anymore. It was cutting too much into thier profits, and impacting thier ability to be the royalty of the new world.

    You see, the colonists hated the royalty because they were money without work, and the royalty hated the coonist because they had money buy no culture. The colonist for some reason thought that money made them equal.

    So Even though the English crown had funding the Americas, at no small expense, the colonist just wanted to be rid of them. So george, who was a major in America under british rule, and with the platantion inherieted from his father, got a group of equally greedy people together to fight the british. Greed is definitely a good thing.

    But when they got the country, they did not trust democracy. The president was elected by the elite of the elite. Only the elite could vote. Men of the wrong color and women, though possible human, could not vote. Too little has changed.

    The freedom to persue happiness was a freedom to persue unfettered profit.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  51. Re:When will this stupidity end? by bonehead · · Score: 4, Insightful

    I'm sorry but YOU'RE dead wrong.

    I know that the rules read that way on paper, but it doesn't take too much intelligence to look at the patents that they've been granting lately to realize that "the rules" mean very, very little to a patent examiner.

  52. Re:Isn't this just a staple of old fashioned retai by angle_slam · · Score: 1
    I'm not necessarily saying this patent is valid. What I am saying is that the fact that a computer automates a task can be very ground-breaking. Not necessarily this patent. But didn't VisiCalc "merely" automate something that accounts did for a long time. Doesn't a spell checker "merely" automate something that people do anyway? When a computer copies a file from one disk to another, isn't it "merely" doing something that could be done by hand? When you use Photoshop to brighten a picture aren't you "merely" automating something you can do in a darkroom?

    There may be plenty of reasons to knock this patent. The fact that it automates something isn't one of them.

  53. Re:When will this stupidity end? by MynockGuano · · Score: 1

    Hello, non-obvious clause. Nice to meet you...wait, where are you going? Come back here!

  54. Re:Isn't this just a staple of old fashioned retai by coopex · · Score: 2, Insightful

    Did Henry Ford or James Watt patent their ideas, which, even today, are far more innovative than one-click or customer history?

    --
    The road to hell is paved with good intentions.
  55. Put Slashdot to work! by Anonymous Coward · · Score: 0

    Everyone visit Goodnight, moon and 120 Days of Sodom.

    1. Re:Put Slashdot to work! by Ph33r+th3+g(O)at · · Score: 1
      Everyone visit Goodnight, moon and 120 Days of Sodom.

      LOL, did it.

      --
      I too have felt the cold finger of injustice.
  56. slightly OT question by Anonymous Coward · · Score: 0

    amazon files patentes under US patent office.
    i live in canada. I can just file for the same patent in the canadian patent office.

    makes me wonder about international patents, how they are dealth with. if i infringe a US patent, but live abroad, will the US need to convince my govnt to press charges, or what?

  57. Re:When will this stupidity end? by Anonymous Coward · · Score: 0

    The sad thing is that everyone frames the world as patriots vs. terrorists, communism vs capitalism, republicans vs. democrats...

    Can't we get some sanity back? I was looking at www.freestarmedia.com this morning after they announced that they were going to attempt to use his ruling to seize Justice Souter's house and turn it into "Hotel Lost Liberty". The whole concept is great, but take a look at the stories they "cover or plan to cover"... all sorts of anti-government protests. And "Sick Citizens against the FDA"... the FDA? How valiant, how honorable... how Libertarian.

    Yeah, you got it right, the Libertarians are the only group left standing up for American rights in this country. Of course, they're also the people who talk out their ass about "corporate freedom" and how capitalism and the "free exchange of ideas" will solve all our ills. How funny that they talk about the evils of government, yet not a single story covers any of the recent cases of political bribery. Not even the journalists who stood up to the judge and faced prison time rather than divulge the source of a leaked tape. Or the apple "fan site" who refused to give out their sources. Protesting the FDA? Because apparently its just too damn expensive for drug companies to prove that their drugs work. They'd rather sell untested pills to customers for $1000 each, while collecting personal information to see whether the pills work at all, before they mark it up and advertise it as proven. Hell, without the FDA and the drug labelling laws, why not just market it as "proven" anyway? That first wave of deaths? That was the "beta test". Of course, that particular report will be sure to end up shredded before it ends up in the hands of the stockholders, who will see nothing but lies, progress, profits, and lies. The libertarians promise that Americans will get the chance to "vote with our wallets", but when all we get from the corporations are yet more lies, then how are we supposed to create an informed marketplace to host the truly free trade that Libertarians pretend they will create?

    I'd rather die without my freedoms yet knowing the truth of my bonds, rather than live "free" in the libertarian nightmare of lies and deceit.

  58. actually, a detailed patent by viva_fourier · · Score: 3, Informative

    Some patents filed are pretty general and can be summed up in a few words like "using customer viewing histories to generate recommendations." This particular patent, however, is not all that general and is actually very detailed, yet broad.

    It details not only the weighting system used to generate the recommendations (recently purchased + highly rated = higher weight), in the same category, but in other store areas as well. It weights differently based upon whether an item is placed in the cart, searched for, placed on the wish list, bid on in online auction(?), purchased as a gift, or merely favorably reviewed.

    So, Amazon is basically saving their customer's viewing/browsing tendencies as data. Now, they've patented the usage of this data to generate more sales. It seems like a good idea to me.

    --
    and now back to the fallout shelter...
    1. Re:actually, a detailed patent by KwKSilver · · Score: 1

      Crap like this is a good reason to flush cookies down the electron-toilet. I think I'll start visting random sites before going to Amazon & clicking random stuff while there. Let them crunch that!

      --
      If you want your life to be different, live it differently.
    2. Re:actually, a detailed patent by mbius · · Score: 2, Insightful

      So, Amazon is basically saving their customer's viewing/browsing tendencies as data. Now, they've patented the usage of this data to generate more sales.

      And this is reasonable?

      --
      you can have my violent video games when you pry them from my cold, dead hands.
      Prime UID Club
    3. Re:actually, a detailed patent by Parham · · Score: 1

      Of course it's not reasonable... but that's how the system works.

    4. Re:actually, a detailed patent by mbius · · Score: 1

      It seems like a good idea to me...Of course it's not reasonable

      We have different definitions of "good idea."

      --
      you can have my violent video games when you pry them from my cold, dead hands.
      Prime UID Club
  59. Re:When will this stupidity end? by bonehead · · Score: 4, Interesting

    No, of course I wouldn't be so silly as to claim that Henry Ford's work wasn't a contribution to society. His pioneering of the assembly line was, to the best of my knowledge, a new and novel approach to the production of goods.

    I will, however, claim that he didn't "automate" jack shit. He didn't have machines doing the work that people used to do, he simply arranged things so that one person did the same thing over and over, all day long.

    I'll also claim that your argument is irrelevant. Any way you spin it, taking an established practice and simply implementing it in the programming language of your choice is not "new", "novel", or "innovative". It's simply shifting old ideas to a new platform. Yes, it's important work, and needs to be done, but it's not deserving of a patent.

  60. Re:When will this stupidity end? by parasonic · · Score: 0

    This isn't democracy.

  61. Re:Isn't this just a staple of old fashioned retai by angle_slam · · Score: 1

    I wasn't talking about this patent specifically. OP basically said that automating something shouldn't be patentable. That is wrong.

  62. Re:When will this stupidity end? by SquarePants · · Score: 1

    Well, I prosecute patents on a daily basis (probably about 50 every year) and therefore feel I have a leg to stand on when I speak about this. I can tell you that you have a very distorted view of the process. My statement os 100% correct and I stand by it. You pick out one or two cases with which you do not agree and then make generalizations and assumptions about the process which are just plain wrong.

    It is because of the spread of disinformation like that in your OP that people fail to see what is broken in the system and not think about constructive solutions.

  63. How Do I by dpu · · Score: 1

    With all these patents floating around, how, exactly, does one write an e-commerce site these days?

    On one hand, it might be argued that innovation is dead in this particular genre, and that anyone who needs this patented functionality should purchase a product that is licensed to use it. There is no need for developers to continually write new ways of doing the same things. Don't reinvent the wheel.

    On the other hand, if competition is so good, why are these kinds of things patentable at all? By all means, write your own e-commerce site from scratch. There's no way any company would actually stoop to suing you for fees for things like 1-click additions and wishlists and clickable help icons.

    So, seriously, how the hell can I develop a *usable* e-commerce site without breaking 50 patents owned by 40 companies? Is it possible? Or will I need to set aside a quarter million dollars to pay all of the different licensing fees?

    --
    Dammit, I meant to post that anonymously!
  64. Accountability by Doc+Ruby · · Score: 1

    If lawyers were allowed only 5 court-recinded patent registrations, then were either prohibited from registration, or required to complete a lawschool recertification, the number of frivilous patents would drop precipitously. If the examiners were held liable for negligence when proven in a court challenge, that would also go a long way. And if patents required a working model or prototype, they'd be a lot less fuzzy, easier to reject. A lot more would go to the copyright office, or the shredder.

    --

    --
    make install -not war

  65. Reverend Bayes has prior art by Drubber · · Score: 1

    I'm not too sure about this, but I think it might have been 'invented' in the 18th century--before the patent office existed. By invented, I mean discovered, since it's mathematics (which, by the way, is not patentable).

    See Bayes theorem.

  66. End of Web Usage Mining? by OzPhIsH · · Score: 1

    Is this the end of web usage mining? This patent really concerns me, as right now I'm in the midst of a university research project that deals with this very subject. There are lots of research papers out there right now that deal with creating recommendations based on user session history. What I really don't like is the apparent vagueness of the whole thing. There a lots of references to a "method" or the "invention" which seem very broad. There are literally hundreds of possible models and techniques that could be used to implement a recommender system based on user session history, from clustering, to neural networks, etc. This patent doesn't specify anything that is an actual specific "invention" much less something that hasn't already been presented in the literature for quite some time. It seems like this all-encompasing patent might very well spell doom for the whole field of web usage mining.

    --

    "To lead the people, you must walk behind them"

  67. Re:When will this stupidity end? by bonehead · · Score: 2, Interesting

    OK, fine. I'll bite. You're the expert.

    Please explain to me how the process of "making product suggestions based on the prior purchasing habits of the customer" is not covered by prior art.

  68. Re:When will this stupidity end? by shobadobs · · Score: 1

    I will, however, claim that he didn't "automate" jack shit. He didn't have machines doing the work that people used to do, he simply arranged things so that one person did the same thing over and over, all day long.

    But that's what automation is. Each person was an unthinking cog in a machine that uses humans as parts. If it wasn't automation, then the assembly line workers could not have been replaced by robots.

  69. Organized Crime Game by Saeed+al-Sahaf · · Score: 1

    Nobody will press your government to "bring you to justice", but Amazon is free to bring a civil suit against you in your country, and my guess is they have more money than you. So, even if they might possibly lose, they almost certainly will win because you simply do not have the cash to win. You lose. We all lose. It's not much different an than organized crime game.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    1. Re:Organized Crime Game by Anonymous Coward · · Score: 0

      yes, but their tech isnt patented in my country, or i can patent it beofre they do (unless thgey file patents under 100 simultaneous countries at a time).

      makes no sense in an international context. the US might grant amazon a silly patent, but let's say some intelligent country wouldnt, then amazon couldnt enforce their silly patent in said country

  70. Prabability matrix of some kind... by Anonymous Coward · · Score: 0

    "then they took everything about me and put it into a computer where they created a model of my mind. Yes! Using that model, they managed to generate every thought that I could possibly have in the next, say, ten years. Which they then filtered through a probability matrix of some kind to determine everything I was gonna do in that period..." -12 monkeys

  71. Amazon will be destroyed by Anonymous Coward · · Score: 0

    ok...now i am pissed by all these trivial Amazon patents. I am going to work to destroy this company, and i know i can do that. I'll tell you folks who i am when that happens.

  72. Can they move it to the real world? by poor_boi · · Score: 1
    What will be really entertaining? When Amazon is able to take its patents off of its website, and move them into brick-and-mortar stores.

    Imagine ... soon it will be illegal to watch your customers as they move about your store -- because -- you know -- you could be watching what they're looking at, make inferences about what they're interested in, walk up to them, and *gasp* *shudder* proceed to walk all over Amazon's IP.

  73. Re:When will this stupidity end? by Kaenneth · · Score: 1

    agree, the software world is too fast moving, 20 year long patents stifle more than they benefit, particularly 'submarine' patents... .GIF .JPG...

  74. Re:When will this stupidity end? by Anonymous Coward · · Score: 0

    The US is not a decomcracy, it's a republic; big difference, start reading wikipedia for the definitons.

  75. Re:Isn't this just a staple of old fashioned retai by ToasterofDOOM · · Score: 1

    Exactly ... except here, the computer doing it isn't ground-breaking or amazingly cool. It's just done on a grander scale than what can be accomplished by hand. And about you examples - nobody said stupid patents were a recent thing

    --
    I am Spartacus
  76. Yes, but... by writermike · · Score: 1

    Ok. Ok. I agree and sympathize with outrageous patents, but sometimes it sure seems like /. just needs one of these 'Patents B Wicked" every week or so to stoke the fires.

    Point number one -- 1! the FIRST! Numero UNO! -- is this:

    A computer-implemented method of using online browsing activities of users to identify related products, comprising:

    So, then, why are so many people suggesting that Amazon has patented suggestive selling at the brick-and-mortar level?

    I get it! I see the parallels! But I think folks are giving Amazon too much credit and the USPTO to little short-sightedness on this one.

    --
    If Nalgene water bottles are outlawed, only outlaws will have Nalgene water bottles.
    1. Re:Yes, but... by mdecarle · · Score: 1

      I think you understand, but nonetheless, I'll say it anyway:

      What amazon here did was take an old business practice, and implement it on a computer. This is not a great idea, it is a logical action. Someone was bound to do this one day. Amazon may get credit for implementing this first, though.

      The system is severely flawed.

      Did "A method of reading letters on a computer screen which together for a literature work for pleasure" get patented yet? Seems like a good thing to patent!

  77. Re:When will this stupidity end? by bonehead · · Score: 1

    No, that's not automation, it's redistribution of duties.

    Sure, it made automation a simpler task to accomplish down the road, but it wasn't automation.

    By your line of reasoning, anybody with a job at less than an executive level is "unthinking". That's not a fair assesment. I, for one, have had my share of "mindless" jobs, especially in my youth, but I have never considered myself to be "unthinking".

  78. Hang on a minute by QuantumG · · Score: 1

    Wasn't Amazon actually the first to come up with this system? If not, head over to the internet archive and show us the prior art! Everything is obvious once someone has shown it to you.

    --
    How we know is more important than what we know.
    1. Re:Hang on a minute by TLLOTS · · Score: 1

      It's not about prior art, it's about how novel this idea truly is. With something like the internet where information flows so freely, implementing a system to harness that information on a retail site to guess what else you could try to push your customer is pretty damned obvious. Prior art isn't the issue most people have with patents, it's that many damned obvious things get patented when in reality far fewer idea's should recieve a patent.

    2. Re:Hang on a minute by QuantumG · · Score: 4, Insightful

      I'm sorry, but if it was so obvious then why wasn't it on some other site before? It's just silly to say that something is obvious after the fact. The truely innovative thing about Amazon's mechanism for recommending things is that they show you items that people who bought the item you are currently looking at also bought. Again, that's obvious, but no-one else did it before Amazon did and as soon as Amazon starting doing it everyone else starting copying it.

      --
      How we know is more important than what we know.
    3. Re:Hang on a minute by Anonymous Coward · · Score: 0

      While I could agree with you if we were talking about an "invention" that was "created" last year, to say that automated reccomendations is a novel idea because Amazon.com implemented it first before many/most of the the existing e-commerce sites were even on the internet is a huge strech.

      Do you honestly beleive that had amazon.com never existed that this type of data mining wouldn't have been implemented by other sites in short order once the e-commerce sites started to flourish?

      I am inclined to believe that if you put 10 development teams in a clean room and asked them to develop an e-commerce site, none of them having any prior knowledge of this kind of reccomendation system, you would come out of that expreriment with more than one implementation of this basic idea.

      This is truly an abuse of a broken patent system. I am not even getting into should software be patented, at this point he good guys have lost that one. What I am saying is that it is an abuse to push ridiculously obvious ideas at the patent office because these companies know there will be no real review.

    4. Re:Hang on a minute by VDM · · Score: 1

      Workshops on User Modeling techniques and Web Personalization have been held since 1996. Perhaps there you can find some prior art.

    5. Re:Hang on a minute by QuantumG · · Score: 1

      STFU, seriously. Amazon claims they were the first website to create this "obvious" idea. They didn't do it the first day they opened. They didn't even do it when they were the only bookstore online. They did it years into the dot com era. You think it is obvious now because you've seen it on Amazon for years.

      --
      How we know is more important than what we know.
  79. Re:Isn't this just a staple of old fashioned retai by QuantumG · · Score: 2, Funny

    Yeah! And a fax machine is just an envelope that goes through the telephone!

    --
    How we know is more important than what we know.
  80. Re:When will this stupidity end? by Foobar+of+Borg · · Score: 1
    The sad thing is that everyone frames the world as patriots vs. terrorists, communism vs capitalism, republicans vs. democrats...

    Can't we get some sanity back?

    No. Now if you'll excuse me, I have to get back to flying off my roof...

  81. Re:When will this stupidity end? by CommunistTroll · · Score: 1
    Ah, Wikipedia, source of all knowledge. I wonder if it can tell me what a 'decomcracy' is?

    But anyway, thanks for backing up my central message that the US is not run by the people and for the people but instead by big business for their own purposes, which is why they get to patent and turn into property knowledge and ideas which (as Thomas Jefferson said) should be free to us all.

  82. Prior Art? by FlukeMeister · · Score: 4, Informative

    I actually have a direct example of prior art that pre-dates this patent by over 2 years. Back in 1999, whilst working with Broadvision in both the UK and US, I was involved in a number of projects that implemented the exact method described in the patent.

    Getting this absurd patent overthrown would be absolute child's play for anyone familiar with mapping taxonomy systems to observation logging and user ratings, which were common practice for anyone using systems such as Broadvision back in the late 90s.

    1. Re:Prior Art? by yppiz · · Score: 1
      Could you say a bit more about what Broadvision did in 1999? I'm interested.

      --Pat / zippy@cs.brandeis.edu / blog / pics

    2. Re:Prior Art? by Anonymous Coward · · Score: 0

      I actually have a direct example of prior art that pre-dates this patent by over 2 years.

      And I have one which goes back 2 million years:

      UGG: Me see Fug eat banana. Fug want nice
      COCONUT too?
      We trade!

    3. Re:Prior Art? by doghouse41 · · Score: 1

      Amazon originally acquired their recommendation technology froma company called Group Lens (later Net Perceptions ) in about 1997.

      The whole Collaborative Filtering Recommender system was developed at the University of Minnesota by John Reidl and others in the Mid 90's.

      I can't see Amazon ever getting round the extensive prior art on this subject. The patent can only be purely defensive.

  83. Amazon should license this patent to USPTO by Anonymous Coward · · Score: 5, Funny

    So, if Amazon files a stupid patent A, and then later files another stupid patent B, USPTO can recommend Amazon to file yet another stupid patent C.

    1. Re:Amazon should license this patent to USPTO by InsideTheAsylum · · Score: 1

      Yes, but not without first paying Amazon several million in licensing fees.

  84. Its a sample of how brain dead the USPO by crovira · · Score: 1

    has become.

    They will eventually patent something that infringes on other patents (if they haven't already, I'm just waiting for conflicting patents to make it to the news.)

    The lawyers will have a field day picking over the carcass of the ignorant six year old who allowed the patent.

    The whole whorish system is busted and had been since Reagan made the patent office 'a profit centre.'

    Proof that his Alzeimer's was already advanced by the time he was elected.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  85. recommendations, circa 1999 by yppiz · · Score: 5, Informative
    As one of the references cited by the patent (US Pat. 6,691,163), I think I can make an informed comment on it.

    At the time the patent was filed, it was extremely uncommon for systems to make automatic recommendations based solely on the behavior of users. When I did my work at Alexa Internet (which was acquired by Amazon) in the late 90s, I had to solve a number of issues which had not been dealt with, both from an engineering perspective and from a quality of results perspective -- few companies, and no academic researchers that I am aware of -- had both the amount of data and the technical talent required to process it in order to test and refine recommendation systems based on transactional information.

    My work in this area became Amazon's "customers who shopped for X also shopped for Y feature." Greg Linden, the first name on this patent, is now doing interesting recommendation work with his site Findory.

    --Pat / zippy@cs.brandeis.edu / blog / pics.

    1. Re:recommendations, circa 1999 by Anonymous Coward · · Score: 1, Insightful

      It's a ridiculous, petty thing to patent. I don't see how making an offer based on what a customer asks for is considered innovation, we salespeople have done it forever. So now that software is the "salesman", suddenly this is a patentable innovation? I don't f-ing think so!

    2. Re:recommendations, circa 1999 by Flyboy+Connor · · Score: 1
      At the time the patent was filed, it was extremely uncommon for systems to make automatic recommendations based solely on the behavior of users.

      That may be true, but in 1999 case-based reasoning (the technique of using past experiences to predict a future outcome) was already old. Basically, this patent covers a specific, very simple, case-based reasoning application. In my opinion, because case-based reasoning exists and is well-documented, any application of case-based reasoning is "obvious", and should not be eligible for patenting. Of course, the nincompoops at the USPTO know bugger-all about computer-science techniques, so for them this probably seems "innovative".

    3. Re:recommendations, circa 1999 by yppiz · · Score: 2, Informative
      Case-based reasoning is a far cry from what this patent is describing.

      Specifically, CBR assumes a symbolic rich representation of prior cases, and a pre-built distance function for measuring the similarity of the current situation to prior cases.

      Most of the AI in CBR is in 1) choosing the right representation, and 2) coming up with the right similarity metric.

      In the technique that Linden et al have patented, they make no assumption about a representationally rich framework for describing events -- in other words, they didn't have to spend months coming up with the right representation of the data. Also, and more importantly, they probably did not pre-build a similarity metric to match against prior cases. Instead, they applied statistical techniques to come up with the right similarity metric.

      There are likely other differences -- I don't think CBR circa 1999 was applied to commercial transaction data in order to generate sales recommendations. B

      The nearest I know of is that both CBR and Memory Based Reasoning likely were tried by other companies to do credit card fraud detection, which itself is a transactional problem involving large amounts of data. Still, that's pretty far from "I see you're buying a Sony plasma TV, would you also like to buy a Denon DVD player?"

      --Pat / zippy@cs.brandeis.edu / blog / pics

    4. Re:recommendations, circa 1999 by Jarlsberg · · Score: 1
      Yes, but seriously, even at the time, EVERY WEB SHOP WORTH ITS SALT USED A RELATIONAL DATABASE!

      Sorry, for yelling, but the key word is RELATIONAL. This is what databases is for! I understand Amazons eagerness to patent everything it can, but this is just ridiculous!

    5. Re:recommendations, circa 1999 by yppiz · · Score: 1
      I'm afraid you'll have to forgo patenting the use of caps lock on Slashdot -- there's some serious prior art.

      --Pat / zippy@cs.brandeis.edu

    6. Re:recommendations, circa 1999 by hhghghghh · · Score: 1

      Even at time already it was extremely common for companies to derive this information from databases. They had the data, they had the talent. They used it not to give recommendations, but to spot anomalies. The reason you may not have heard of it, is because these were the credit card companies trying to discover and track fraud. Very much hush hush.

    7. Re:recommendations, circa 1999 by yppiz · · Score: 1
      Actually, I was familiar with the credit card fraud work. I was working in that area in the mid-90s. And I'd say that fraud detection is different than recommending products. The systems of the era that I was personally familiar with using supervised learning techniques where large batches of bad (fraud) and good (non-fraud) examples were used to train up a learning system.

      There may have been work on statistical detection of anomalies without prior measures of what was anomalous, but even if this existed (and I never heard of work in this area), there's no guarantee that an algorithm that detects credit card fraud will be good at recommending products as things one would want to purchase.

      If I were a patent examiner, or even an expert witness, I'd say that taking a CC fraud algorithm and getting it to make good purchase recommendations in real time on a shopping site would be a novel application.

      --Pat / zippy@cs.brandeis.edu

    8. Re:recommendations, circa 1999 by one+vorkosigan · · Score: 1

      Well, I think you should have performed better research.

      Nobody seems to remember Ringo. That was a working system that basically did the same you say that nobody had the talent and knowledge to do.

      I can imagine very well how do the internals of Amazon.com recommender system work, and I admit that you and your fellow co-workers deserve the kudos for taking a very simple idea - that of building contingency tables and computing MAP probabilities for predicting interest in items in a catalogue - to work on top of a large relational database system, with reasonable response times.

      That's an improvement, indeed, but it is not original, my friend! You cannot appropiate the authorship and 'prior art' rights, that's stealing from the public domain! We are all standing over the shoulders of other people. You should not forget that.

      Egotism, and hubris have lead to the current patent madness :(

    9. Re:recommendations, circa 1999 by CowboyBob500 · · Score: 1

      So you agreed to have your work patented (or at least have your name on it)? That makes you part of the problem.

      I was once asked by the American parent company of one of my old employers if I agreed to have my name on a patent based on some of my work. I said no. They stuck someone elses name on the patent who didn't work on the project instead. So although the patent went through, at least I have a clear conscience.

      Bob

    10. Re:recommendations, circa 1999 by Anonymous Coward · · Score: 0
      So you agreed to have your work patented (or at least have your name on it)? That makes you part of the problem.

      I don't buy that argument.

      Congress passes laws. These are the "rules of the game" (think Monopoly or Risk or another board game...). We have a set of rules, and we are all playing a big game of business. Having your name on a patent, or even filing these silly patents in the first place, is playing by the rules. The rules almost force you to do these things, if you want to compete effectively in the game.

      Outside of the confines of the game is the game manufacturer, who decides on the rules (think Milton Bradley or Congress). If you want to Change the Rules, there are processes for that as well!

      Playing by the rules (no matter how rediculous they are) is not being part of the problem. If you want to change the rules, then lobby, vote, write to your representatives, work for a candidate, or run for office.

      One could easily extend your statement: If you just bitch about it on Slashdot, that makes you part of the problem.

    11. Re:recommendations, circa 1999 by CProgrammer98 · · Score: 1

      The quote is "standing ON the shoulders"

      "If I have seen further, it is by standing on the shoulders of giants." - Sir Isaac Newton.

      --
      And the people shall be oppressed, every one by another, and every one by his neighbour Isaiah 3:5
    12. Re:recommendations, circa 1999 by Anonymous Coward · · Score: 0

      Lame
      Microsoft Site Server Commerce Edition and Microsoft Commercial Internet System both had services like this built into the package and both were late 90's. Maybe you were doing your research at the same time some 35k/Year program manager thought it would be neat to spend 20 minutes to spec this problem out.

    13. Re:recommendations, circa 1999 by slipandfall · · Score: 1

      I have an example of prior art here. There was a company called Trivida in southern California whose software did EXACTLY what this patent is claiming. It was bought by a company called Be Free and they renamed the product BSELECT. It was in use for a time between 1999-2004 by a number of medium sized web sites. Eventually, it was shelved because of lack of demand.

      You can look at a press release about version 3.0 of this product (from 2002) here.

    14. Re:recommendations, circa 1999 by PepeGSay · · Score: 1

      Here is my gut feelings on the issue.

      It is still seems like a trivial re-application of the human logic applied by any reasonably savy store owner "Mrs. Smith I see you are buying eggs, people have really been raving about these sausages." or "Mrs. Smith I see you are buying that speciality cheese. Mrs. Jones was in here buying those and LOVES these olives." Any way you look at it, its obvious someone just said "Wouldn't it be great if we could make the same recommendations, but with COMPUTERS and on the WEB." Ding ding ding aren't we geniuses.

      Now, that being said if this method was more complex and actually stated a single specific thing I could see a patent for it, however reading all 38 itmes its a bunch of self referencing garbage that says "We pay attention to the same things a human WISHES he could, but with a computer to do it so we can actually track it." And when I look at it that way you can definitely see it arising from a reasonably savvy grocery store owner who says "I wish I could pay more attention to my customers."

      In the end we'll have to see what the courts allow amazon to persue with this, if they allow them to persue a very narrow set of things then I can see it. But item to item recommendations on a site based on viewing one item than another is way too broad.

    15. Re:recommendations, circa 1999 by CProgrammer98 · · Score: 1

      Thanks for the link - Newton undeniably said it though! The quote is validly attributed to Newton, even though he was paraphrasing Chartres.

      Chartres' original version is much more poetic

      --
      And the people shall be oppressed, every one by another, and every one by his neighbour Isaiah 3:5
    16. Re:recommendations, circa 1999 by tuomoks · · Score: 1

      My $0.02 - only reference I have is from middle 70s. Many insurance companies had a department that was doing just this - if you bought several insurances they run all kinds of weird statistics what more they (we) could sell them and we made offers, flyers, advertaizing, etc. based on that. It was fun to code those for 4.5 million customers having a lot of insurances. Especially cities, shipping companies, manufacturing - thousands of different kind of insurances but even some persons had up to 50! And an insurance is a product - so ?

    17. Re:recommendations, circa 1999 by Jarlsberg · · Score: 1
      :)

      The question is, has anyone patented the concept of "first post" yet? Could be a gold mine, that.

    18. Re:recommendations, circa 1999 by Anonymous Coward · · Score: 0

      I'm not defending the patent, but your logic doesn't really make sense either.

      Using technology to solve a known problem is innovative.

      If I invent a machine to pick cotton I shouldn't patent it because people have been picking cotton for generations?

    19. Re:recommendations, circa 1999 by costas · · Score: 1

      As a dabbler in collaborative filtering (memigo predated Findory), I got to agree: item-to-item collaborative filtering was neither that obvious nor that easy to implement. I hope that Findory doesn't get in to trouble over this, as they are doing some really neat stuff...

    20. Re:recommendations, circa 1999 by PepeGSay · · Score: 1

      Read the summation again, the issue is how broadly this patent gets applied. In the case of cotton, the technique is patented, not picking cotton. So, if this patent is used to keep people from making 1 to 1 recommendations on a website then in my mind they have patented picking cotton, not a better mechanism of cotton picking.

    21. Re:recommendations, circa 1999 by mikkom · · Score: 1
      Greg Linden, the first name on this patent, is now doing interesting recommendation work with his site
      Which is also "patent pending". When will this stupidity end?
    22. Re:recommendations, circa 1999 by NeutronCowboy · · Score: 1

      Dude - if you're one of the original references, then you should be aware that this is nothing but an inference system, which in turn is what is used by an expert system. And those had been in use for years by medical systems and a locomotive repair software system by GE. Care to explain how your system differed from known AI techniques such as knowledge tree traversal, centroid clustering or any other standard data mining techniques?

      From what I'm guessing, there isn't much. Which means that this is a trivial patent on known techniques - aka leeching. This is nothing but more proof that software development will be the province of the rich and lawyer-heavy.

      --
      Those who can, do. Those who can't, sue.
    23. Re:recommendations, circa 1999 by Anonymous Coward · · Score: 0

      The patent was filed for in 2001, not 2003.

    24. Re:recommendations, circa 1999 by NeutronCowboy · · Score: 1

      I'm sorry, but your example is exactly what fraud detection was doing long before 1999. The only difference is that instead of looking for items with high clustering probability, they were looking for items with low clustering probability. In other words, the algorithm could be the exact some one, except that the interesting result was now the high probability, and not the low probability.

      --
      Those who can, do. Those who can't, sue.
    25. Re:recommendations, circa 1999 by NeutronCowboy · · Score: 1

      Unfortunately, the patent is very short on the actual algorithm used to determine clustering and make the inferences. As a result, I can't determine whether the patent on the algorithm would be valid or not. What I can tell though is that as it is worded, the patent describes exactly the work done by the credit card companies. As a result, it is unfortunately irrelevant whether Amazon's work was novel or not - the patent covers topics that had been tackled before. As for your example - if I take a mud brick, and instead of building a house with it, I build a space elevator, do I get to patent the brick? Think about it.

      --
      Those who can, do. Those who can't, sue.
    26. Re:recommendations, circa 1999 by costas · · Score: 1

      Well, IIRC, Ringo (and other CF systems of the time) was person-to-person collaborative filtering. Amazon is item-to-item. The difference is not just a question of perspective (which dimension you aggregate first) but also one of insight: one the Web, a person-to-person collaborative system (like my newsbot; see sig) has to be "trained" on what individual users like.

      Essentially, the user has to somehow give the system enough implicit or explicit "ratings" so that a large enough sample is created and the user can be clustered with other similar users. Sounds awesome, but there's an initialization problem: in order for a user to be "hooked" on the recommendations, they have to train the system. Amazon instead said, forget about users and let's focus on items instead: what items have been "rated" together? cluster those. So, when a new user enters the site and starts browsing, our already pre-computed item relations can tell him what other products to look at. It's a pretty great insight.

      Now, I'd think that the initialization problem will hold for item-to-item filtering as well: meaning, what happens when you introduce a new item on the site that doesn't have historical purchasing behavior? that one stumps me, but Greg Linden's (the lead name on this patent) Findory somehow manages that trick for news items which are by definition new all the time (my newsbot went with person-to-person filtering instead for that reason alone).

      I don't find any of this obvious at all...

    27. Re:recommendations, circa 1999 by Flyboy+Connor · · Score: 1
      Most of the AI in CBR is in 1) choosing the right representation, and 2) coming up with the right similarity metric.

      In theoretical work, yes. In practice, this is no requirement. And, as I said in another post, they are basically getting a patent on a similarity function.

      Instead, they applied statistical techniques to come up with the right similarity metric.

      OK, then it's data-mining instead of CBR. Big deal. Data-mining and CBR are closely related anyway.

      I don't think CBR circa 1999 was applied to commercial transaction data in order to generate sales recommendations.

      And that's just my point. Patents shouldn't be about applying a standard technique to a specific problem. They should be about the standard techniques.

      Software patents very often consist of a description of a standard technique, with "on the Internet" attached to it. Such an approach shouldn't be patentable, because of obviousness, and because of prior art.

    28. Re:recommendations, circa 1999 by yppiz · · Score: 1
      As I said in another post, they are basically getting a patent on a similarity function.

      Imagine someone invents a new Go algorithm that, when implemented, beats Go masters. I think any CS researcher or Go player would say is a major breakthrough.

      Now say this algorithm is a pattern matcher, a static evaluation function. Given the current board, the algorithm chooses the next move.

      Following your reasoning, this would be a pattern matcher, and so could not be novel. Is this correct?

      --Pat / zippy@cs.brandeis.edu

    29. Re:recommendations, circa 1999 by yppiz · · Score: 1
      Taking the bait, I'd say you get to patent a "method of building a space elevator from mud bricks."

      And if you could demonstrate this novel application of mud bricks, I'm sure we'd all be impressed. Here's a helpful link.

      --Pat / zippy@cs.brandeis.edu

    30. Re:recommendations, circa 1999 by Flyboy+Connor · · Score: 1
      Imagine someone invents a new Go algorithm that, when implemented, beats Go masters. I think any CS researcher or Go player would say is a major breakthrough.

      Interesting, since I actually am a CS researcher who works in games (not Go, but some of my colleagues work on Go, and I do know a lot about this). I can therefore safely say that, yes, if you invent a new algorithm that significantly improves Go gameplay (even if it doesn't beat Go masters), researchers in this field will consider it a major breakthrough. The question is whether this is (or should be) a patentable breakthrough. I guess that would depend on the algorithm. My personal opinion is that any algorithm is a mathematical construct, and therefore shouldn't be patented, but I admit that we get into a gray area when the algorithm is actually completely novel.

      Now say this algorithm is a pattern matcher, a static evaluation function. Given the current board, the algorithm chooses the next move.

      This is a bit ambiguous, since any Go evaluation function can be used to choose a next move (when combined with minimax). But lets go on to the main point.

      Following your reasoning, this would be a pattern matcher, and so could not be novel. Is this correct?

      "A pattern matcher" is too broad. It depends on the kind of pattern matcher. Is it a neural network? Not patentable. Is it a classifier system? Not patentable. Is it... I don't know, something completely new, that is not only applicable to Go, but also to many other problem domains where people haven't found this before... Perhaps.

      In my view, if you take something that already exists in some domain, and apply it to another domain, it is silly to allow it to be patented, because there is no advance in the state of the art. Basically, such a patent would allow someone to reap the profits of someone else's work. If, however, you design something completely new, it will ALWAYS have more than one application (at least in computer science), and a patent might be in order. The chance of that happening is very small, though, since in computer science researchers heavily depend on the morcels of knowledge provided to them by their peers.

    31. Re:recommendations, circa 1999 by NeutronCowboy · · Score: 1

      I'd love to. Sadly, I'm afraid that I'd be sued into the ground by the corporation holding a patent on the method for building a house from mud bricks. So instead, I'm gonna see if that corporation isn't willing to give me a couple of bucks for my brilliant idea. Maybe even hire me. An update to that wonderful book will have to wait.

      --
      Those who can, do. Those who can't, sue.
  86. Not long until... by Crudely_Indecent · · Score: 1

    we see these patents causing havoc at our local stores. "Amazon patents methods of shopping cart navigation." Everyone will have to walk around with those little blue hand-baskets.

    --


    "Lame" - Galaxar
  87. No way dude. by mbius · · Score: 1

    They're trying to make their business as unique as possible, and if it takes a few of these patents for them to keep their edge over their competitors, why not?

    The patent system does not exist to be exploited. Come up with another name for it and I'll buy you a soda.

    As you said--"currently in use, easily implement:" not patentable.

    --
    you can have my violent video games when you pry them from my cold, dead hands.
    Prime UID Club
  88. Re:When will this stupidity end? by jutland · · Score: 2, Insightful

    Prior art, as defined by the patent office, is previous patents. Oh and obvious things like rocks and wheels. So if it hasn't been patented yet, and the examiner doesn't use one in his daily life, you can patent.

    That's great for physical things, but it doens't really work for intangibles like software and business practices.

    It also doesn't work where you're starting the patenting process after you start the technology process. I'm sure, back in the 1700s when they created patents, someone tried to patent attaching a horse to a buggy, but the examiners understood horses and buggies enough to disallow that.

    Until 10 years ago or so, software or business practices weren't patented. Software was copyrighted and business practices were trade secrets. The examiners understand neither software nor business practices, but we're letting them rule on the right to patent them.

    --
    -markr If one just keeps walking, everything will be all right. - Kierkegaard
  89. Re:Isn't this just a staple of old fashioned retai by coopex · · Score: 1

    Ah..., I see. I agree that automating something can at times be a valid patent, as your example with Ford and Watt.

    --
    The road to hell is paved with good intentions.
  90. Does Amazon.com sell porn? by kooshvt · · Score: 1

    Just go browsing around for porn and childrens books, or other such non related material. I don't think they do sell porn, but I think you can understand my point. The way I browse for items anyway my data is completely useless.

    Oh you are interested in "The Cat in the Hat", other customers who were interested in this also were interested in "Backdoor Bandits 5"

    1. Re:Does Amazon.com sell porn? by Anonymous Coward · · Score: 0

      screwing with their DBs... great thing.
      Like giving the MI State Police phone number when best buy or anyone else asks for it that doesnt need it (in store, with cash, no need for phone number).

  91. Re:Isn't this just a staple of old fashioned retai by Qzukk · · Score: 1

    The fact that it automates something isn't one of them.

    The problem is that in so many cases that we hear about, it is. VisiCalc simply performed the exact same calculations an accountant did by hand (or on a calculator). This is not ground breaking, this is just doing math faster.

    I'm not arguing that "automation" is grounds for automatic dismissal of a patent, after all, Photoshop's lightening process isn't the same as increasing the exposure on some piece of film. But that doesn't mean it should be grounds for automatic approval of a patent, as the patent office seems so fond of doing.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  92. apriori... by Anonymous Coward · · Score: 0

    Isn't this the Apriori algorithm?

  93. patent deez! by v3xt0r · · Score: 0
    --
    the only permanence in existence, is the impermanence of existence.
  94. Re:Isn't this just a staple of old fashioned retai by angle_slam · · Score: 2, Interesting
    The problem is that in so many cases that we hear about, it is. VisiCalc simply performed the exact same calculations an accountant did by hand (or on a calculator). This is not ground breaking, this is just doing math faster.

    You don't believe that accomplishing the same thing faster isn't worthy of a patent? Before Visicalc, an account would create a large spreadsheet by hand. Then his boss would say, "what if we sold 3000 units instead of 2800" and the accountant would have to recalculate everything. With a spreadsheet, he enters in one figure and everything is re-calculated in an instant. Why isn't that useful and novel?

  95. Re:When will this stupidity end? by ankhank · · Score: 3, Insightful

    Think of the legal system as like Professional Wrestling.

    When the bell rings, the big company lawyer steps in to shake hands, grapple, and decide if he's facing another professional heavyweight.

    If so, they go seventeen rounds, make money, and provide entertainment.

    When you go to work for a company and they hand you a contract full of boilerplate taking ownership of any idea you have now or ever afterward, it's one of those events.

    When a company gets one of these obvious patents, it's another of those events.

    IF NOBODY FIGHTS BACK, the big company wins by default.

    THAT is our legal system. They claim whatever they can imagine -- and wait to see if there is a comparably entertaining and well paid legal team on the other side.

    If you sign their first draft employment agreement, you lose.

    If you don't fight their patent, you lose.

    What y'all are missing is the fact that the referee does NOT work to protect you in this kind of event.

    The referee is there to keep the entertainment going.

    The big companies expect to win some of their absurd essays in taking everything, because nobody objects.

    The Patent Examiner is part of the show, folks, part of the illusion that keeps people watching the show instead of saying, hey, this is just a big bully stomping people. Oh, no, it's a refereed match.

  96. Re:When will this stupidity end? by Anonymous Coward · · Score: 0

    Remember:
    What's good for the syndicate is good for the country.

  97. Anybody explain why not math? by mbius · · Score: 1

    mathematics (which, by the way, is not patentable).

    The difference between applied mathematics and software is functionally semantic. You can't patent an alogrithm, but you can patent an algorithm.

    The difference is that the mathematical community is self-policing. Everybody knows the status of prior art, and while infringement allegations aren't uncommon, they're settled with good old-fashioned hostility, oneupsmanship, and secrecy bordering on paranoia. A friend once remarked that the competition was so fierce because the stakes are so little.

    Off-topic, I hear in the new movie, Willy Wonka takes Slugworth to court, alleging encroachment of certain delicious chocolates and wonderful toys.

    --
    you can have my violent video games when you pry them from my cold, dead hands.
    Prime UID Club
  98. New Idea by MSTCrow5429 · · Score: 2, Interesting

    Those of us in the field, on the ground, so to speak, will decide whether the USPTO is on crack or not for a particular patent. We will ignore stupid patents approved by idiot government officials, and pay attention to the ones that make sense. This way, the industry can progress at an efficient pace, and we will send a message that the government doesn't own us.

    --
    Slashdot: Playing Favorites Since 1997
    1. Re:New Idea by marcosdumay · · Score: 1

      Good luck because it seems that it does.

  99. Poached Ideas by Anonymous Coward · · Score: 0

    Do you like your ideas being stolen? Even simple ideas being stolen piss most people off - such as someone wearing the same shirt to work as you. But a corporation patenting one is unexceptable?

  100. I feel like I might be on their side for once... by Jack+Johnson · · Score: 1
    The first time I noticed the...

    What similar items do customers ultimately buy after viewing this item?

    • 61% buy this item (Pride FC - Beasts From the East DVD ~ Mark Coleman (Rate it))
    • 23% buy Pride FC - Raging Rumble DVD ~ K Sakuraba (Rate it)
    • 5% buy Pride FC 4 - From the Tokyo Dome DVD ~ Pride Fc (Rate it)
    • 4% buy Pride FC 5 - From the Nagoya Rainbow Hall DVD ~ Pride Fc (Rate it)
    • 1% buy Pride FC 7 - From the Yokohama Arena DVD ~ Pride Fc (Rate it)

    Explore Similar Items: 8 in DVD, 1 in Video, and 1 in Computer & Video Games

    ...suggestion section on Amazon.

    (Which has a striking resemblence to what is described in the patent.)

    The first thing I thought was "Damn, that's a great idea. Why doesn't everybody have this?"

    That's exactly it. "Why doesn't everybody have this?".

    If the idea is so *obvious* why haven't other e-tailers implemented it already and by doing so won my business away from their competitors?

    Did some prior Amazon patent cockblock the world from deploying this "obvious" tool or is Amazon actually innovating in ways that others aren't and producing usuable value-added services while others arent?

    I can't think of this in the same way as other "bad patents" which always seem to prey on technologies that have almost entirely developed, implemented and marketed by someone other than the patent holder.

    Unlike quick buck bastards of the world, Amazon is acually developing and using this IP to their and my advantage *before* most everyone else. With that said, I can't blame or condemn them for this.

  101. Blockbuster by millermj · · Score: 2, Interesting

    Blockbuster was printing "If you liked this, you might also enjoy" on the back of their video tapes years before Amazon existed, which I'm sure was based on the same kind of statistical data. Amazon has no claim here!

    --
    Did anyone bother to ask the customers what they want?
    1. Re:Blockbuster by Anonymous Coward · · Score: 0

      Yep, and sometimes it was just as insane and left field as some of Amazon's suggestions.

      Like when Blockbuster suggested on the back of Home Alone that "if you liked this, you might also enjoy" Jacob's Ladder.

      Sweet Moses was that ever inappropriate.

  102. Why do business? by Anonymous Coward · · Score: 0

    Why would anyone bother trying to do business in the US anymore?

    I'm serious - everything is patented, everybody gets sued, innovation is dangerous (because anyone could patent your innovation and then sue you over it).

    The sad thing is, in the end these well intentioned laws are going to bring about the downfall of the society they are intended to protect.

    Also - who came up with the name "Homeland Security?" Obviously not an Orwell fan.

  103. The quickest way around a patent by HaMMeReD3 · · Score: 1

    The quickest way around bs patents such as these, is to do it, but change it just enough.

    You are allowed to record the history
    You are allowed to datamine your records to come up with recommendations.

    Put a middle tier in the middle of the algorithm and you've made it more flexible (you can store information from the cart, history, users personal info, etc..) all combined at the same time in some funky calculation to come up with recommendations for products.

    Therefore by adding a middle tier to abstract the viewers history from the recommendation, you've subverted the patent and you have a more robust piece of software.

    Just because there is a patent does not mean the patent outlines the best way to implement the problem at hand.

    Tomorrow on slashdot
    new patent for ...

    Disclamer:
    Did not rtfa/p ()(*$@! reading patents, your better off if you don't know)

  104. Re:When will this stupidity end? by Anonymous Coward · · Score: 0

    Stalin wasn't a communist. Just because he says he was doesn't make it true. Totalitarian, yes. Socialist, yes.

  105. Thinking of Patenting Thinking by PrakashChandrasekara · · Score: 1

    I wonder wether I would be able to patent the process by which the human mind arrives at a solution to a problem, and also the process by which it comes up with new ideas.

  106. Re:I feel like I might be on their side for once.. by sugarmotor · · Score: 1

    I had the opposite experience: when I saw it I thought -- hey this is what occured to me last month.

    See you

    Stephan

    --
    http://stephan.sugarmotor.org
  107. Similar to music patent? by Tablizer · · Score: 1

    I remember reading about a patent that allows a system to infer what songs you might like based on how your preferences overlap ("triangulate") with others who like similar songs. It does not analyze the song is itself, just the graph (network) of preferences of zillions of people.

    If one uses that algorithm on products, does it still violate Amazon's patent?

  108. Doesn't work by Anonymous Coward · · Score: 2, Insightful

    Your enemy gets the stupid patents, you ignore them, then they sue the crap out of you and your business goes under. (Or, incurs millions of dollars in costs in a multi-year legal battle to prove the patent(s) are invalid).

    It's a lose-lose situation. The best thing we can do is organize and fight for reform of the patent system. Software patents fuck everything up and have no useful characteristics for society whatsoever. All they do is give huge corporations an anti-competitive weapon. They do nothing whatsoever to promote progress or innovation.

  109. Re:When will this stupidity end? by Anonymous Coward · · Score: 0

    Don't worry. The yanks will wake up soon and mod the OP down for you.

  110. Life? by Frankie70 · · Score: 1

    I was browsing the patent database

    How many people in slashdot have this listed as their favourite pastime?

  111. next they'll... by 5plicer · · Score: 1

    ...patent the process of applying for patent :p

    --
    The bits on the bus go on and off... on and off... on and off...
  112. So basically... by mister_llah · · Score: 1

    It's a patent on connectionist networks...

    Lovely!

    --
    MoM++ - A Classic Expanded - [Master of Magic 1.5]
    http://mompp.sourceforge.net/
  113. Already in the public domain in many fashions by Mistlefoot · · Score: 1

    It's already in the public domain in many fashions. This is the issue.

    When I walk into my neighborhood Ford dealership and ask the salesman about car A, then car B, the salesman says - "hey, you might be interested in this car over here" knowing a bit from my past choices what I like. This is freakin' common sense.

    Now if I do this on a website I'm infringing?

    1. Re:Already in the public domain in many fashions by mrmtampa · · Score: 1

      Here's some prior art: In 1970, Longines Symphonette Society maintained databases of customer purchases and used the data for targeted marketing (junk mail). The data was recorded on 44 reels of magnetic tape and updated nightly. Processing was on a Honeywell 4200 with 256k running the Mod4 Operating System.

      Reader's Digest had similar systems.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy." Hamlet (I, v, 166-167)
  114. ironic... by Cryptnotic · · Score: 1

    Ironic that CommunistTroll gets modded "Insightful" and you get modded "Funny".

    Slashdot sucks. *sigh*

    --
    My other first post is car post.
  115. Someone had too by Anonymous Coward · · Score: 0

    1. File patent for making a profit
    2. Wait
    3. ????
    4. Make a profit

  116. Devils advocate: by Siscokid422 · · Score: 2, Insightful

    First off, patents are not innately evil. Whether we like or not, there is a sound economic argument defending the purpose of patents; to promote R&D and innovation by offering financial protection and rewards for the investment of time and resources necessary to innovate.

    Remember, on the one hand, patents can discourage competition when large companies patent items that prevent small companies from legitimately competing with them, and this is bad. But on the other hand, small companies can both enter and capture a new market and sustain themselves against assault from larger companies with exponentially greater resources, merely because of owning an innovative patent; this is good. Without protecting their intellectual property through the all-important barriers-to-entry of owning a patent, most small companies would never make it out of the gate.

    Also, as much as most forward-thinking companies would like to change the way of the world, the fact generally remains that they still need to play by the same rules of the game as everyone else (i.e. the competition) while they are still the rules. If they fail to do so, they probably won't last long waiting for another company to come in, receive the relevant patent, and sue the pants off the new-world company. This might not be the idealistic approach, but it seems to be fairly realistic.

    Nevertheless, the crux of the issue still remains; the USPTO needs to undergo substantial reform to focus their issuance of new patents on appropriate items.

    1. Re:Devils advocate: by keean · · Score: 1

      I'm sorry but this is simply not historically accurate.

      Patents were introduced to encourage people to share their inventions. Originally people would protect their investment by keeping "trade-secrets". This was considered to slow scientific and technological progress - so patents were created, granting a limited monopoly in exchange for the details of the innovation (this is why you must provide complete details of how to implement the invention in the patent application). After the period of limited monopoly the information becomes public domain and anyone can use it.

      So, the purpose of patents is to increase the rate of scientific and technological innovation.

      So, if the method could not be a "trade-secret", then it is obvious and should not be patentable.

      So apply this test to Amazon - could this method be protected as a trade-secret, or would other people be able to independantly re-invent this?
      I think the answer is obvious!

    2. Re:Devils advocate: by Siscokid422 · · Score: 1

      I agree with your assessment, and it seems that we are not really disagreeing at all.

      We both say the purpose of a patent is to promote increased scientific and technological innovation. And we both say that the USPTO needs to reform itself to implement the appropriate standard (which you point out is the 'trade-secret litmus test') for issuing patents.

      Sounds about right to me.

      My only point is that when the appropriate standard is applied correctly, patents are not innately evil and serve a valuable purpose.

  117. Re:Isn't this just a staple of old fashioned retai by paedobear · · Score: 1

    Because it is something obvious to someone versed in the art.

  118. GOOGLE ADWORDS VS AMAZON PATENT...FIGHT! by Anonymous Coward · · Score: 0

    I guess Amazon and Google are in for a fight...

    6 words. Google Adwords, prior art, deep pockets.

  119. Re:When will this stupidity end? by Xabraxas · · Score: 0

    A republic is a democracy dipshit. It's called a "representative democracy".

    --
    Time makes more converts than reason
  120. Re:Isn't this just a staple of old fashioned retai by scott_evil · · Score: 1

    But didn't VisiCalc "merely" automate something that accounts did for a long time. Doesn't a spell checker "merely" automate something that people do anyway? When a computer copies a file from one disk to another, isn't it "merely" doing something that could be done by hand? When you use Photoshop to brighten a picture aren't you "merely" automating something you can do in a darkroom?
    and because these processes are just an automation of a system that already exists, the software automation shouldn't be patentable... copyrighted for sure, but not patentable.

  121. Re:Isn't this just a staple of old fashioned retai by Taladar · · Score: 1

    Doing Math with a machine would be something novel and worthy of a patent. Writing a piece of software doing a different subset of simple arithmetics on an existing machine is not.

  122. Super patent by rnd0110 · · Score: 1

    It's time to file a superpatent which contains a method
    to generate any patent with given stupidity level!

    (oops. Delete this please or I'll loose millions!)

    1. Re:Super patent by rnd0110 · · Score: 1

      Another good idea is to create independent worldwide patent-like system which will be able to store knowledge with datestamps and use semantic web for retrieval. All common (non)sense will be already there, providing prior art.

  123. Re:..or just stop buying from Amazon by symbolic · · Score: 4, Informative


    I have YET to purchase a single thing from Amason. Their prices (especially on nerd-type books) aren't that good anyway. I get mine from Nerdbooks.com. The services is always very good, and prices are outstanding.

    Prices aside, I will NOT support a company that continues to rape the meaning of the word "innovation" by patenting rediculously obvious methods.

  124. Do you want fries with that by bugninja · · Score: 1, Interesting

    Come on now, ever ordered food at McDonalds and been offered "fries with that". You can't patent this!! So, what's the deal now - everything that can be done in real life, then done again on the computer can be patented?

    We used to have to write letters, now we type them. Why not patent the process of pushing a key on a keyboard?

    Christopher Latham Sholes patented the typewriter in 1868 (reference) - though dead, his family could get very very rich soon, as long as the USPTO can keeps this act going.

    "Only victims make excuses" - Bob Dunwoody

    --
    Only victims make excuses
  125. Re:The most common example of all... by symbolic · · Score: 3, Funny


    "Would you like fries with that?"

  126. Re:When will this stupidity end? by aussersterne · · Score: 1

    Um, Stalin != Communist.

    Stalin == State Capitalist.

    Read more.

    --
    STOP . AMERICA . NOW
  127. Re:Isn't this just a staple of old fashioned retai by Decameron81 · · Score: 1
    "You don't believe that accomplishing the same thing faster isn't worthy of a patent? Before Visicalc, an account would create a large spreadsheet by hand. Then his boss would say, "what if we sold 3000 units instead of 2800" and the accountant would have to recalculate everything. With a spreadsheet, he enters in one figure and everything is re-calculated in an instant. Why isn't that useful and novel?"


    Because they are not patenting a method to do it faster. They are patenting the ability to link together purchasing habits and make recommendations.

    In any case making such a process faster is trivial nowadays. It just takes one programmer with some free time to implement it. And because of this simple fact, such an "invention" does not deserve a patent. It does not bring substantial technological advancement and does not solve any problem that was complex to solve before it's existance. After all that's what computers are for... automating tasks. Back when the Visicalc didn't exist it was quite different... they didn't really have a tool to achieve that goal.
    --
    diegoT
  128. Re:When will this stupidity end? by Stauf · · Score: 1

    Please explain to me how the process of "making product suggestions based on the prior purchasing habits of the customer" is not covered by prior art.

    This patent is much more detailed then simply 'making product suggestions based on the prior purchasing habits of the customer'. It covers things the user looked at, things other users looked at after looking at the thing the user is currently looking at, and a few other things. From the summary, "relationships can be determined between items for which little or no purchase history data exists". And "In a third implementation, the recommendations are generated by monitoring the products viewed by the user during the current browsing session, and using these as the "items of known interest." The resulting list of recommended items (products) is presented to the user during the same browsing session".

    So, while I still don't think the patent is a good idea, it does seem to be specific enough to be called unique.

  129. Semantic. by zippthorne · · Score: 1

    fundamentally, those are the same thing.

    There are only two cases where communism can work. One is coerced managed economy. A despot is probably a requirement. example: USSR

    The other is a purely voluntary communism. A despot may also be necessary, but it's ok because there's no coersion. example: linux*

    Only one of those has succeeded in any way.

    *part of the success of linux (and other GPL communist projects) is surely due to the fact that freeloaders cannot diminish the project. Everyone is free to contribute or not, but there will always be a net improvement. Real communism cannot claim that advantage: freeloaders consume real resources which diminishes the community wealth.

    --
    Can you be Even More Awesome?!
  130. "When will this stupidity end?" by l0b0 · · Score: 2, Funny

    When some company patents not buying their product!

  131. Re:..or just stop buying from Amazon by DrEldarion · · Score: 1

    Their prices on books may not be that great, but they have some absolutely great deals on electronics and housewares. Consistently some of the best available online. Also, their customer service has been nothing short of absolutely amazing to me.

  132. If you liked by erveek · · Score: 3, Funny

    this ridiculous patent, may we also suggest one-click shopping?

    --
    -- This void intentionally left null.
  133. This is simply correlation by Deeper+Thought · · Score: 1
    Isn't Amazon patenting correlation? Or an algorithm to compute correlation on a set of data? Isn't this taught in school?

    Why is this novel? Because it is applied to shopping? Or making a profit?

    Def'n of correlation

  134. Re:When will this stupidity end? by Anonymous Coward · · Score: 0

    The problem as I see it with this kind of patents, and especial this one is that if I was about to program a webshop, without any knowledge about amazon what so ever, me and my fellow "system designers" would probley endup with alot of those ide's at a normal 1-2 hour development meeting. And implementing it wouldnt be that hard to, nothing is hard to implement in software, except for crypto thats just a pain "to get right". My company has dreamedup afew patentable things during our years of developing a mediationsystem for the telecommarket (mediation = "smart format conversion with easy changable ruleset"), and of all of the "funny" ideas we dreamedup we actualy only made the trouble to try to patent one. Not for that one was any "smarter" then the others, it was our marketing department that wanted to print "patented" in the marking material and had nothing to do with deep of technoligy. In technoligy sometimes theres a path the technoligy is going to follow, and that leads to some inventions along the way, most are not hard to come across and some company will for sure, only question is who is embracing the new technology first. Those that does that will willing or unwilling comeup with "patentable" things, and so will every company following even if that havent heard about the first company.. its hard to create a big webshop, without hitting the ide' of tacking items users views. And those companies that doesnt, they shouldnt be in busniess anyway. When a patent can be "repeatable designed" without "much effort" within a "short time" by many other companies.. how can that be patentable? And still it has been shown that this is mostly how software patents tend to be. I vote for a software patent free europe.

  135. Will Apple counter it? by mr_zorg · · Score: 1

    Granted, Amazon was doing it first, but Apple's iTunes is probably the single largest infringer of this "patent"... It does all of those things. Perhaps Apple will try and get it overturned?

    1. Re:Will Apple counter it? by yppiz · · Score: 1
      I believe Apple currently licences Amazon's one-click patent. If they're not going to fight that, it's unlikely that they'll attempt to overturn this.

      --Pat / zippy@cs.brandeis.edu

    2. Re:Will Apple counter it? by mr_zorg · · Score: 1

      Really? That's too bad...

  136. Re:I feel like I might be on their side for once.. by Anonymous Coward · · Score: 1, Informative

    www.play.com have had this for ages (possibly years).

    Big deal.

    Look, the public pay for the patent beyond the filing fee - we restrict ourselves voluntarily and we also pay for the enforcement of the patent. So, what do we get in return with this patent? Would Amazon not have done it? No. Would they have been able to keep it secret? No.

    So we got bugger all.

  137. Just raise the price by Anonymous Coward · · Score: 0
    As much as I hate saying this, this is one of those problems that does require money being thrown at it in order to solve. We need to hire more and better examiners. We need to pay the skilled examiners better to retain them.


    I thought it costs $2,000 in order to file a patent, and this has been the price for a number of years. If money is an issue, raise the price for everyone.

    Or better yet, there should be a "graded tax", kind of like a "sin tax": if a company files over X amount of patents, then they should have to pay MORE money per patent after the X amount. Eg, you can file 20 patents at $2000. If you file an additional 20 patents, each of these additional patents costs $3000. And so forth.
    1. Re:Just raise the price by SquarePants · · Score: 1

      The "cost" of filing a patent is much greater than that. I would estimate that the total cost of securing a software patent soup-to-nuts is about $15,000 to $20,000 (that is a low estimate). However,the patent office only gets between $1,000 and $2,000 of this in filing fees. The rest is attorneys' fees. If the patent office raises its fees it will make it much more difficult for small inventors to apply for patents. The large corporations will happily agree to higher fees since its just a drop in the bucket to them and it shuts out the small inventor who competes with them.

      But the problem is more fundamental than that. For decades, Congress has "diverted" funds from the patent office. That is, much of what the patent office collects in fees is taken away and thrown into the general budget for things like social security and other agencies. Many argue this constitutes an unconstitutional tax on inventors that goes to pay services unrelated to the original reason for the tax. Every year Congress says it will correct the situation but nothing gets done. Like I said before, the real players have no incentive to improve the quality of examination at the patent office.

      The other problem, of course, is the pathetic way the USPTO is run. They have wasted billions of dollars in bungled atttempts at automation over the past 10 years. The system is a bunch of cobbled-up outdated technologies which, if you ask anyone who uses them on a daily basis, dont work. However, the higher ups pretend that they do and declare that due to all the automation no more examiners are needed. Generally speaking, the top job at the USPTO is given to a career politician who wouldn't know a patent if it bit him in the arse. They use the job as a springboard to a better office and leave the USPTO in worse shape than they found it. It is a disgrace.

      So, if you are really interested in improving the system, write your congressperson and complain about the situation at the USPTO but you should not blame the examiners (BTW, I am NOT and examiner). As much as I love /., I don't think anyone from Congress hangs around here.

  138. Re:When will this stupidity end? by bonehead · · Score: 1

    It covers things the user looked at, things other users looked at after looking at the thing the user is currently looking at, and a few other things.

    Yeah. Exactly the sort of things that the owners of "Mom & Pop" joints have been watching for almost a thousand years.

    Whooptie freakin' do....

    Taking a computer and using it to do old things is NOT a new idea...

    You want a fuckin' patent? Do me a favor and come up with an original idea, eh? Or do you lack the brainpower for that?

  139. Re:..or just stop buying from Amazon by _Spirit · · Score: 2, Interesting

    I have to concur about their service. I recently mistyped the address on an order for a book that I wanted delivered to an office where I was doing some work at the time. The delivery failed ofcourse. They didn't ask me anything, just told me the address was incorrect and refunded me the full amount INCLUDING postage. Amazon might not be the greatest place on earth but to me that was better service then I'm used to.

    I mostly deal with Amazon.co.uk, and I over the past few years found that their prices are almost always among the lowest I can find. One thing that bugs me is that they haven't set up shop in The Netherlands yet so no free shipping for me :-(

    --

    beauty is only a light switch away

  140. I think im starting to understand patent law: by t_allardyce · · Score: 2, Insightful

    If a method/action has been used in real life for hundreds of years then you are free to patent that method/action in the context of computing with purely theoretical speculation. So for example:

    "A method of encoding information or data into structurally organised units, visually represented by a set of symbols which can be laid out to form a mentally recognisable concept. Such a method would is not limited to one set of symbols or organisational rules. Storage of encoded information can be achieved through the use of look-up tables to produce a short binary code for each symbol. In addition to the aforementioned method of symbol layout or 'text', the use of space between symbols will denote separation of symbol units henceforth known as 'words' and additional symbols to support the separation of related 'words' into logically coherent blocks or 'sentences'. Symbols or 'characters' will be given phonetic properties to aid audible transmission."

    I think you should all be aware that my patent passed this morning, please cease and desist.

    --
    This comment does not represent the views or opinions of the user.
  141. Protection vs Productivity by Xaria · · Score: 2, Insightful

    The original purpose of patents was to protect inventions and thus provide incentives to innovate. This would improve productivity, as what is the point of working if someone is going to steal your idea? Patents were a good idea at the time, and for many things still are a good idea.

    Software patents are an example of the protectionist mentality that seems to abound in many first-world countries. Business: "We can't compete with country X, we're going to have to fire people." Government: "Uh oh, can't have that, here's lots of money." or "We'll tax the imports so much that you can charge more and get away with it." Such behaviour is the opposite of the original purpose of patents. Further, it's bad for the consumer as (for example) US sugar is a lot more expensive than Australian sugar. If we were truly productive we wouldn't need a Free Trade Agreement - international competition would be the norm. Most of our primary industries would probably relocate to third-world countries, I don't deny that, but there are plenty of tertiary (services) industry jobs out there and that is where the first world should focus. Instead, we protect our "rights" to be inefficient and to take money from our own pockets to put into the pockets of the corporations. It's crazy!

    I can actually understand this patent, though. There are worse ones out there (and don't even get me started on the extension of copyright). In this case, Amazon has come up with a way to encourage you to buy more stuff, by basically doing targeted advertising. It's really rather clever, and the algorithm they use probably should be patented (assuming you accept the idea of software patents ... I accept some and not others). The actual idea, however? Has K-Mart patented the layout of their shelves? No! And they'd probably be laughed at if they even tried. So what's with this "business methods" nonsense? Just another way for businesses to be inefficient.

  142. But does this make it worth a patent? by jeti · · Score: 1

    I'm sure tweaking the system and getting it to work with large amounts of data was not trivial.

    But does this make it worth a patent?

    The idea behind patents was to give people an incentive to share their inventions by granting a temporary monopoly on their implementation.
    But is sharing this invention in the form of a patent worth anything? If you had to implement the system after another company filed an application with an identical text, would it have substancially reduced the work you had to put into it?

    1. Re:But does this make it worth a patent? by yppiz · · Score: 1
      It's more than tweaking the system. It's first creating the software to even work with the data, and then coming up with an algorithm that does what would normally be the function of an intelligent person -- namely, making recommendations that are on a par with what a human site editor would have done, based on the behavior of ordinary (non-expert) users.

      I am no fan of trivial patents, particularly things like one-click shopping, but I am confident that the work the patent descibes is non-trivially inventive.

      Personally, I would be pretty interested in prior art. I sure tried to find it then, because I just wanted to generate really good recommendations -- I did not set out to reinvent the wheel.

      --Pat / zippy@cs.brandeis.edu / blog / pics

    2. Re:But does this make it worth a patent? by gowen · · Score: 2, Insightful
      It's first creating the software to even work with the data
      Your software is protected by copyright.
      and then coming up with an algorithm that does what would normally be the function of an intelligent person
      If the algorithm is hard to find, patent the algorithm. Unfortunately, this patent doesn't cover your method for solving the problem, it patents every method for solving the problem.

      That's just stupid.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    3. Re:But does this make it worth a patent? by yppiz · · Score: 1
      This is the standard way that patents are worded. To decode the patent to get to the underlying algorithm, you generally focus on the "preferred implementation" wording.

      As other technology people have said, patents are a bit like Cobol -- a language of their own -- but the courts read them differently than a normal person, and give particular weight to the preferred implementation parts and much less to the "and everything else, including the kitchen sink" wording that surrounds this.

      --Pat / zippy@cs.brandeis.edu

    4. Re:But does this make it worth a patent? by gowen · · Score: 1
      This is the standard way that patents are worded.
      Oh, I know that. You start with the broadest thing you can think of, and then slowly narrow the claims down to what you think might actually hold up in court if it's actually challenged.

      However, that doesn't mean it's moral, and as an aging hippy, I'd like to see corporations behaving morally. And it doesn't mean I have to like it, or agree with what you've done.

      "But everyone else was doing it" stops being a valid excuse for bad behaviour around 6th grade.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    5. Re:But does this make it worth a patent? by Rick+BigNail · · Score: 1
      ""But everyone else was doing it" stops being a valid excuse for bad behaviour around 6th grade."

      That's why you are a hippie. Grown-ups sometimes need to do bad things to prevent even worse things.

    6. Re:But does this make it worth a patent? by gowen · · Score: 1

      Well maybe, but I'm really quite a pragmatic hippy. If I could see the worse evil being presented, I'd concede the point, but I honestly can't. The evil of equal competition between retailers just doesn't strike me as that bad. (Remember, constitutionally patents are to "to promote the common good"

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  143. Re:When will this stupidity end? by Stauf · · Score: 1

    So implementing something with a computer cannot be original if it exits in the real world? Wouldn't that make AI un-patentable because people are prior art?

    You asked for someone to 'Please explain to me how the process of "making product suggestions based on the prior purchasing habits of the customer" is not covered by prior art'. I answered that 'making product suggestions based on the prior purchasing habits of the customer' is not what this patent is about, so your point is irrelevant.

    Please, come up with an argument that addresses the topic, and don't attack me just because you made a mistake in your first post. Or do you lack the brainpower for that?

  144. When will this stupidity end?" by PrimeNumber · · Score: 1

    When the U.S. has a revolution.

    Lets face it, most of our apparatchiks in office give a flying fuck for what most of us stand for or believe in.
    Our current government is so irredeemably corrupt, that fixing it would take much more effort and be more complex than simply replacing the 'system' with something more logical and fair.

    However, due to the inherent apathy, laziness, and stupidity of the general U.S. population, it will be 2-3 generations before the populace finally wakes up and realizes the situation at hand and takes action. The only silver lining to this cloud will be that the corporate and plutocratic scions responsible for these actions will pay for their overbearing greed with their lives, giving at least a couple of generations a government worth being proud of.

  145. Not really... by Anonymous Coward · · Score: 0

    Since they ask that of everyone, it's a poor analogy.

    A better one is Norm sitting down at the bar and Sam pouring a beer without being asked.

    1. Re:Not really... by symbolic · · Score: 1


      No. Aside from missing my attempt at levity, your analogy is wrong. Online retailers don't just shove things into your shopping cart because they think you might want it...they ask, and they suggest, and you indicate your interest by adding the suggested item(s) to your cart. This is nothing like your Sam/Norm analogy.

  146. Re:When will this stupidity end? by bonehead · · Score: 1

    OK, so what is the patent about?

    Enlighten me, please...

  147. Re:When will this stupidity end? by Anonymous Coward · · Score: 0

    Power corrupts.
    Absolute power corrupts absolutely.
    More power corrupts more.

    That's why current gov & senate wants more and more power.

  148. Aha! by jd · · Score: 1

    So all we have to do is convince Amazon to patent stupidity?

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:Aha! by jxs2151 · · Score: 1
      This can be done in a roundabout way:

      Convince Amazon that they can profit from Stupidity and they will certainly patent it.

    2. Re:Aha! by Popcorn+Dave · · Score: 1

      And sell it.

  149. Re:When will this stupidity end? by Stauf · · Score: 1

    It's about recording users moving through the site and using that usage data to suggest products.

    It is not about 'making product suggestions based on the prior purchasing habits of the customer', as you claimed.

    It is about making product suggestions based on the prior purchasing and browsing habits of the customer and prior purchasing and browsing habits of other customers. It weights these recommendations and displays them to the user.

    This still may not be 'original', but a case could be made that it's unique if the weighting system is sufficiently complex.

  150. Re:When will this stupidity end? by Flyboy+Connor · · Score: 1
    So, while I still don't think the patent is a good idea, it does seem to be specific enough to be called unique.

    Basically, this is a patent on a case-based reasoning application. Its uniqueness is in the specification of the similarity function. However, any case-based reasoning application has to specify a good similarity function, or it won't do its job.

    So, did they get a patent on case-based reasoning? That seems ridiculous to me.

    Did they then get a patent on a similarity function? What is innovative about that? They have a problem domain and must provide a good function to rate cases in that domain. It is the domain that determines what makes a good function. Give a bunch of programmers and/or mathematicians the job of finding a similarity function for this domain, and what Amazon patented is what they will quickly come up with. So, in this case obviousness should invalidate the patent.

    Also, if they got a patent on a similarity function, then anyone who uses a slightly different similarity function should be safe. But, of course, Amazon will claim that they now own the whole approach of case-based reasoning for recommending products.

    It is not difficult to make something unique by adding details, such as a specific similarity function. However, uniqueness is no guarantee for non-obviousness.

  151. Re:When will this stupidity end? by bonehead · · Score: 1

    Oh, I see.

    It's not so much the purchasing habits as it is the browsing habits...

    Wow, that's innovative! Can you imagine what the world would be like today if retailers had though up such an idea 20 or 30 years ago?

    Yawn.....

  152. Patenting getting extremely selfish, and OTT by OwlWhacker · · Score: 1

    How many people have been into a music store, bought a CD, and had somebody say, "Oh, you'd like [enter band here]? You should really check them out."

    The person has associated the music you're buying with something else of the same taste.

    If this can't be patented in real life, why should it be patented in software?

  153. Re:When will this stupidity end? by bonehead · · Score: 1

    Would you people fuckin' wake up just for a second and realize that an old idea is an old idea, even if you happen to throw a computer into the mix?

    FFS, using a computer to do things that human brains have seen as obvious for hundreds of years does not magically make something "innovative".

  154. Re:When will this stupidity end? by Stauf · · Score: 1

    I'm not saying this patent is a good idea. Not at all. I'm saying you didn't read the article, made an incorrect claim and are now trying to cover by telling 'us people' to 'fuckin' wake up'.

    Grow up.

  155. Revolution by ZombieChiefExecutive · · Score: 0

    When? Yes please. Let the revolution begin. It's time the people took back the planet and fucked off corrupt and greedy governments.

    --
    James Buchanan
    Zombie Chief Executive/15th President of the USA
  156. patent (in)valid ? by Anonymous Coward · · Score: 0

    If anyone can find any publication (i.e. public announcement in whatever form) which describes the used technique from a date prior to patent application date, the patent directly loses its validity.

    I know that it happens a lot that patents in the U.S. are granted without proper or decent research by the patent office whether it would be a valid patent. Therfore, in the U.S. there are much more patents which actually do not comply with the rules and directives on what is patentable, and therefore should not have been granted, than for example in Europe.

    I think with a technique as trivial as this one, I can't imagine there is no publication on this by any university in the world. (I know at computer science departments of several universities people are working on this kind of subjects, but I don't know about publications and dates.)

  157. Single Session by fyndor · · Score: 1

    Seems the way to get around this by the wording of the patent is to rely on data from this and other sessions, not just one. Now this of course is less targeted because you might be searching for something completely different one day to the next. Either way I think this is total crap.

  158. You arrogant little prick! by Anonymous Coward · · Score: 0

    Anybody could have implemented these features from existing databases, the reason accademics did not is because doing so would be considered obvious, not to mention boring as hell.

  159. What would have happened if.... by mindwhip · · Score: 4, Interesting

    Back at the dawn of the Industrial Revolution someone had patented driving machines with belts and wheels... or gears... or the ball bearing... or nuts and bolts... chances are we would still be walking everywhere and electricity would be someting crazy people created using jars of acid...
    The kind of obvious stuff that is being patented today is the equivilent of the nuts and bolts kind of stuff back then...

    --
    [The Universe] has gone offline.
  160. data mining by tommeke100 · · Score: 0, Insightful

    great, they just patented data mining.

  161. Prior Art by Anonymous Coward · · Score: 0

    IKEA has been doing this for years.

    Creepy folks with a notepad following you around.

  162. So by PunkOfLinux · · Score: 1

    Am I going to get sued when, inferring that since I like Musical Artist A, and my friend likes musical artist A, and also likes musical artist B, that I should give artist B a chance?

  163. Re:Isn't this just a staple of old fashioned retai by bit01 · · Score: 1

    OP basically said that automating something shouldn't be patentable. That is wrong.

    If it's a simple transcription (copying!) of the manual process it shouldn't be patentable.

    To pretend that a computer, a tool for encoding intellectual work, mystically makes something special is nonsense.

    And that's ignoring the completely unproven idea that software patents and government interference in the citizen's business is needed to encourage "software innovation".

    ---

    I love the free market zealots who think monopoly is a good thing.

  164. And they could call it .... by viralburn · · Score: 1

    YASP [Yet Another Stupid Patent]

  165. When will it end? by AlexWalters · · Score: 1

    USPTO Patent Application number 42

    Author: Amazon
    Title of invention: Life

    Abstract:
    "Implementing a persistent self aware conciousness in biological entities."

    Brief Description Of Invention:
    This invention specifies the process whereby a biological entity (in the desired embodiement a Human) uses a plurality of neurons aranged into a complex localised neural network (in the desired embodiement a brain) to implement a state of biological self-aware conciousness...

    hmm, maybe i could get away with patenting that! ;-)
  166. Bankruptcy by Silkejr · · Score: 1

    When will it be over? It will be over when the United States has to declare bankruptcy due to stupid policies such as the ones that give rise to bogus patents.

  167. Re:The most common example of all... by Anonymous Coward · · Score: 0

    Look at online porn merchants - they were first.
    Data miners like Walmuck would be a close 2nd.
    Back in '89 the online University bookstore pushed 6 books to go when the 1st one identified what units you were taking, and offered a different price, depending if you had used credit cards before. Its called push selling - or was it nasal hair clippers that offered '100 pick up lines' to go with it first.
    Why make the distinction between retailers and online retailers, or mail order merchants?
    One of the first recommendations, is buy something electronic, and be offered a 3 year extended warranty contract.
    Buy a car, and the droid will be asking what extras you want.
    Auto stores - buy a filter, and be offered engine oil with it (filter often identifies car).
    Even the local dope pusher offers 'extras' to go with the deal.
    Paint Store - want a brush, thinners, dropsheets, ladder, sander, putty, protective mask...
    It is as original as offering fries with that, and a milkshake as well if you were obese, or took the upsize option.

  168. Re:..or just stop buying from Amazon by wallykeyster · · Score: 1
    I have YET to purchase a single thing from Amason [sic]. Their prices (especially on nerd-type books) aren't that good anyway.

    I've never looked at nerdbooks.com, but Amazon's prices regularly beat any other major book retailer (both local and online). Plus, the free shipping on orders over $25 makes it even better.

  169. patents and patents by chrisranjana.com · · Score: 0

    "If a customer views product A, and then later views product B, and you use that to infer a relationship between A and B, then you've infringed on this patent." Oh god ! so you could patent anything and everything !

    --
    Chris ,
    Php Programmers.
  170. Re:The most common example of all... by Overzeetop · · Score: 1

    Funny, but true. And since they only ask about the fries if you're getting a sandwich, it's contectual.

    Of course, this does not invalidate the patent, as Amazon is doing this _on the internet_, which makes it completely novel.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  171. check out Amazon's misdeeds by Anonymous Coward · · Score: 0
  172. Smooth talkers by part_of_you · · Score: 0

    I'm going to patent pick-up lines. If you use any of my pick-up lines, I gets the pussy!

  173. The Future (patent pending) by LifeMatesCanada.Com · · Score: 2, Funny

    When will it end?

    Hmmm. People use the address bar to type in Amazon.com - therefore we now patent the use of browsers, keyboards, and monitors.

    But wait! In order to effectively type our patented brand into our patented browser using our patented technology, users have to send electrical nerve signals from their brain to their fingertips, to cause muscular movement. All of these cells are supported by a system that continuously pulls oxygen from the blood, and transports waste carbon dioxide to the lungs.

    Therefor we request a patent on all biomechanical movement, electricity, and oxygen.

    We also patent the millions of years of evolution including all single-celled organisms that were the starting point of the development of the Amazon.com brand.

    God? You're next.

    --
    Single? Canadian? We can help. Visit http://www.l
  174. Triple Damages for You! by KarmaBlackballed · · Score: 1

    "I was browsing the patent database, and..."

    Everything you read can and will be used against you.

    I don't know the rest of the Miranda rights, only that part. ;o

    (e.g., Better off not reading these bad things. https://www.cpsr.org/prevsite/essays/2002/2ip4.htm l)

    --

    --- -- - -
    Give me LIBERTY, or give me a check.
  175. Wow by Anonymous Coward · · Score: 0

    "CBR assumes a symbolic rich representation of prior cases, and a pre-built distance function for measuring the similarity of the current situation to prior cases."

    That's a lot of bullshit just to say "its not that simple".

  176. or by Anonymous Coward · · Score: 0

    "piece of string"

    maybe a strip of leather

    string is a manufactured good, not found lying around cavemen, unless they find something castoff by Ford or Arthur

  177. Could it be by Anonymous Coward · · Score: 0

    Without reading how the patent is worded, this sounds like the data-mining method Market Basket. If true, this has been arond for a long time.

  178. Netflix.com , et. all by dgrati · · Score: 1

    I wonder how the patent would affect netflix? They use prior history to recommend movies. What are netflix's options?

  179. Prior art by Cyn · · Score: 2, Funny

    Go into any store (we'll use electronics as an example).

    Look at a small television.

    Look at some RCA cables.

    Watch as salespeople try to sell you a huge plasma tv and/or component cables.

    [ profit? ]

    --
    cyn, free software and *nix operating systems enthusiast.
  180. Prior art by jdavidb · · Score: 2, Funny

    It would seem that the entire field of machine learning is prior art...

  181. Too bad for you... by spun · · Score: 1

    that I already patented the process of patenting the process of meta-patenting.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  182. May I suggest by spun · · Score: 1

    Crapitalism?

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  183. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  184. I don't see what's wrong with that by blair1q · · Score: 0, Flamebait

    Amazon created a novel process for automatically generating user recommendations.

    What's wrong with patenting that?

    Nothing.

    What would be wrong is if you're too lame to negotiate an appropriate royalty when they come to collect.

    I'd say 0.05% on net would be your upper limit.

    And if they don't accept it, then just keep using your system, and be prepared to replace it with a dummy when they try to examine your code.

  185. And while we're at it by spun · · Score: 1

    I'd like a pony.

    Seriously, though, the system is so borked right now that pretty much any suggestion of WHAT to do to fix the problem would be a step in the right direction. The problem is HOW to get the powers that be to enact those steps, as they are all profiting off of the problem and wouldn't profit off of the solution.

    My current favorite idea is to convince the rich and powerful that greed is destroying their quality of life. I know this flies in the face of free market ideology, but greed and competition destroy intrinsic motivation. Satisfying intrinsic motivation is inherently more enjoyable than satisfy extrinsic motivations such as profit.

    Excess profit also isolates individuals from real connection with other human beings. The rich and powerful have few real friends, only temporary allies. They have no trust and can show no weakness. For most people this is an inherently stressful situation.

    Doing away with excessive levels of reward, and bringing rewards more in line with actual contribution to society would help. No one needs to earn thousands of times more than anyone else to be motivated. A few dozen to a hundred times more is plenty for any sane, rational individual to experience maximum motivation. Society creates the rules that define value, and we supposedly create those rules to maximize benefit to us all.

    The rules we have now seem to maximize benefit to a few, while the rest of us have been fooled into thinking that their interests are our interests. Even if they were, our current system doesn't even maximize value to most of the rich and powerful. They lack real human connection and many of them would be more satisfied persuing other forms of gratification if the profit motive were not so hideously over emphasized.

    What we have now is a system that maximizes value to sociopaths and psychopaths who lack any sense of empathy and desire no real connection with others.

    Psychopathitalism would be a good term.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    1. Re:And while we're at it by Doc+Ruby · · Score: 1

      Marx described capitalism going so far that its exploited workers would inevitably revolt, and take ownership of the means of prodution themselves. His Victorian understanding of the media, and academic philosopher's disconnection from the surprising adaptatability of human contingency, allowed him to believe that a communal state without personal property was not only inevitable, but desireable. But he was right about the instability of capitalism.

      So what to do, now that we are actually trapped in a machine whose gears are chewing up our environment, cranking out mass murderous wars, threatening our extinction? Some people already have developed alternatives: jihadists and crusaders are steering to a postindustrial state indistinguishable from the Dark Ages. They've got a head start, and are pretty popular among their 2 billion (30%) potential base. But the rest of us can tell at a glance how awful their paradise would be. So we have to keep our visions constructive, positive.

      Our system has the elements of equity all through it. It's been gamed by powerful cheaters who sow their own doom, through hubris. Our system retains the tools for reform, though they've been abused, discredited and atrophied. To activate them, we need to raise consciousness. You talk about that, but you're talking in negative terms, which not only alienate, but also produce more negative unintended consequences. The best way to a sustainable, equitable future is to keep people talking about what we all want, and the easy ways to get it, by living up to the system we only think we already have. That's how we leverage the huge overlap of conservatives and liberals, who of course both want to keep our freedom.

      I'm all for healing the sick. Of course if we were all well, we'd be out of this mess. But that is a much more ambitious goal than just, say, getting corporate Congressional bribes slashed to the bare minimum, rather than the current maximum. A lot of underbrush has to be cleared, before people can even see the trees, let alone the forest. The best way is to cultivate trees that overshadow and choke the weeds.

      --

      --
      make install -not war

    2. Re:And while we're at it by spun · · Score: 1

      This kind of insight is why I have you marked as a friend. :-) Well, this and the way you let trolls and idiots have it with both barrels. ;-)

      I agree that our system has elements of equity and contains the tools for it's own reform. Raising our consciousness is indeed the only way forward. Sorry if I sounded negative, I felt I was being dispassionately realistic. When I talk about convincing the rich and powerful that the system is not serving their best interests, raising consciousness is exactly what I mean. I know I phrased it in somewhat negative terms, but what I really mean is showing them a better way.

      We need to keep building bridges, focusing on common interests, and yes, clearing out the underbrush. It is good to focus on simple common sense measures that work as good weed-whackers. Your original post has some good ones that might actually stand a chance of being passed, and here I come, misunderestimating your intent, with a lecture on why we have to fix EVERYTHING.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    3. Re:And while we're at it by Doc+Ruby · · Score: 1

      Thanks for the compliments. From someone who's apparently seen Slashdot since even before my early lurker days in 1999, your perspective certainly has, er, perspective :).

      I think that even things like political finance reform are too high level to have maximum effect, and are too hardened against direct confrontation to fight. I think that just getting Americans to communicate with each other will undermine most of the games played on us. Because these games mostly depend on "news management", and centralized "power management". America's fundamental political faith is in the power of the people. Decentralized people, hundreds of millions strong, still connected with one anothers' interests, are vastly more powerful than any centralized management, as history shows time and again.

      Slashdot itself is an adequate way to get that communication, like many "discussion" websites. It would be much more powerful if it incorporated IRC, groups, or even user messaging, into which stories are injected, and discussions logged. But that's gilding the lilly. What's much more important is to get all the isolated people, mainly in "Red Counties", better connected to each other, and (even more powerfully) to other Americans with different beliefs. Just getting them more diversity of media outlets will disrupt the poisonous "purified" news we think must be the truth, because it's always so consistent. Then getting us to haggle over the truth directly with people with whom we disagree lets our humanity take over. It lets our own selfinterest drive their allegiances, like working together to protect ourselves from people with corporations, who use all that separation to divide and weaken us.

      Note that my approach doesn't select any issue agenda. It's only political agenda is unity and expression. From that comes the accountability built into "doing it yourself", rather than have political and media experts "take care of it", on their own agenda. The people who wrote and agreed to the Bill of Rights had just won a revolution. They knew that people freely speaking, assembling, retaining security of our homes, papers and effects, and exercising fundamental freedoms would remain free. The less we've done that, the more threatened has been all our freedom. But we live in an age where exercising those freedoms is easier and more powerful than ever. It just takes us doing it for the muscles to be flexed.

      --

      --
      make install -not war

  186. Prior art? by Chadster · · Score: 3, Funny

    My meet-cute-girl-in-bookstore process...

    I am browsing in the bookstore. I see a really cute girl pick up a book that I have read. So I walk over and say, "If you like that book, I think you will like this one".

  187. The good news by bluGill · · Score: 2, Interesting

    Fortunately this is a patent, not a copyright. It will expire in ~20 years. (I can never recall the rules, but it is 17-20 years depending on a bunch of factors) Most of us are likely to live that long. There is no long history of increasing the length of patent terms over time to keep things patented.

    Compare that to copyright. They will last longer than any of us have any hope of living. Everytime they are about to expire they increase the terms, so even things that are "close" to the end of their term are unlikely to get out in our lifetime.

    This might or might not be bogus, but at least it will expire and be used by everyone in 20 years.

  188. Infringer! You reverse-engineered... by sczimme · · Score: 1


    I'm about to patent "doing ... things with er, stuff". Wish me luck.

    Infringer! You reverse-engineered my process for "doing stuff with things".

    I'll see you in court.

    --
    I want to drag this out as long as possible. Bring me my protractor.
  189. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  190. Re:Wait ! by Anonymous Coward · · Score: 0

    To create histories is found in all kinds of software as well as in web programming. Is this not what cookies do/are ?, cookies do track and are used to push products to viewers of a website ?. The cookie having *knowledge* of you before and what page(s) were viewed, can redirect or *pop-up* something new to display for you to see based on your history ?.

  191. Patent right handed usage with toilet paper. by Anonymous Coward · · Score: 0

    I believe I will be granted my patent. Everyone that uses their 'right' hand to wipe with toilet paper will owe me a royalty. Your choices are, pay the royalty everytime you wipe with your right hand, start using your left hand, or, don't wipe at all. I'm going to make 'one... million... dollars...'

  192. Booooooring by Anonymous Coward · · Score: 0

    Has anyone gotten sued for infringing on one-click shopping yet? Funny, I still see it in use.

  193. Adapative Resonance is now patentned? by Anonymous Coward · · Score: 0

    I guess the articles in Dr. Dobbs and IBM Systems Journal were not prior art? (prior ART?)

    I seem to recall that a shopping application was specifically mentioned, i.e. if you by a hammer, you might be interested in nails.

  194. It ends when the US is no longer top dog by freezin+fat+guy · · Score: 1

    This "insanity" will end when China is the new world super-power. A federated Europe will claim second spot in the economic pecking order. The US will have to settle for third with us poor Canadians trying to leach a meager existence doing trade with the former champ.

    Not that I would think of trusting China or Europe to be our saviours in all things related to policy! But on this one point, I don't see China rushing to endorse the kind of patent madness ruling the western hemisphere at the moment. Do you?

  195. Lucky you. by EvilStein · · Score: 1

    It took me two weeks to get them to redeem a gift certificate. In California, gift certificates/gift cards do not expire, regardless of the expiration date printed on them. So, I was trying to use a gift certificate at Amazon.com. Instead of giving any sort of error message at all, it would silently fail to credit my account. i tried Safari, Firefox, IE, Mozilla, Opera.. ruled out the browser. Tried another computer. same issue. I finally emailed them with a very detailed account of what I was trying to do and what the results were.
    I got a canned response telling me how to enter a gift certificate. Since that didn't answer the question, I wrote back again. I got the same canned response. I replied expressing my concern over the lack of understanding of the issue. The reply? More useless drivel. I replied back to them yet again with a detailed explanation and insisted that they escalate the issue. I finally got a reply back asking for the entire gift certificate number so they could apply it manually. I gave them that. They replied saying that it had expired. I pointed out the California law. Finally, i got a reply saying that they had added the amount to my account.
    This entire process took a couple of weeks.

    i then ordered the DVD (concert video by the band Nightwish) - and they said it'd be delivered in 7-10 days. 7-10 days almost passed, and I got a shipping delay email. Rinse, lather, repeat for approx. 2 *months* - when i inquired about cancelling the order and getting a refund, I was told that they would have to issue me a gift certificate! Ugh.

    Many many weeks later, the DVD was delivered.. only to be lost by the local UPS Store branch. I ended up ordering it *again* from cdconnection.com and I had it in 3 days.

  196. GOOGLE WINS! FLAWLESS VICTORY! by Anonymous Coward · · Score: 0

    D,F,HP

  197. For the Last Time, People by Anonymous Coward · · Score: 0
    From www.uspto.gov:

    Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.


    The USPTO *grants* and *registers* patents. It is *NOT* an expert on every piece of subject matter because they don't *NEED* to be.

    The true legitimacy of a patent is determined when the patentee tries to use it in court.
  198. $10?! I Wish! by Anonymous Coward · · Score: 0

    Amazon's current policy to to reward successful patent applications with ... little plastic block "awards". Most companies I've worked for give at least $100-$500 for a patent bonus, so I don't know why Amazonians keep coming up with these silly patents.

  199. Seems wide-reaching to me by Anonymous Coward · · Score: 0

    From the patent application:

    Although this invention has been described in terms of certain preferred embodiments, other embodiments that are apparent to those of ordinary skill in the art, including embodiments that do not provide all of the features and benefits set forth herein, are also within the scope of this invention

    This seems a pretty wide-reaching statement, that implies to me their patent covers not only the specific method of using customer histories to generate recommendations, but any other such implementation by another web site

  200. Re:..or just stop buying from Amazon by dnoyeb · · Score: 1

    Amazon sent me a double order once. They refused to take the second order back claiming I ordered it twice. Basic web technology should have prevented this. In fact there was no indication of order completion, no email acknowledgement.

    No their customer service is not always good.

    Plus they put insulting things in books I order saying the book isnot up to their standards. Then the go on to send me information on books they thik are related to this sub-standard book, and most of them are truly substandard. Illustrates their database of knowledge is based on book titles and not book content.

    Exactly what happens when you use info from user searches and not true user feedback...

  201. Their next patent by Anonymous Coward · · Score: 0

    Giving you an estimated ship date that's a total lie, then sending out emails every so often telling you your shipment will be delayed.

  202. Implications at my local bakery by lelio98 · · Score: 1

    So, does this mean that my local bakery can't toast my bagel and put cream cheese on it when they see me come through the door. Will I have to wait in line, place my order and then wait until the other orders are fullfilled before my bagel begins to toast? Will they not be able to suggest that I try the new cranberry and cinnamon bagel they just made, what about the strawberry flavored cream cheese? Am I forever stuck with a plain bagel, plain cream cheese? I wish somebody would help clear this up for me, I am worried.

  203. it will end when ... by dindi · · Score: 1

    when as soon as a stupid patent is introduced, everyone starts delevolipn apps that infringe the patents and using them in a mass movement style action.

    Not necessary companies, but a waste amount of individuals.

    I am not a patent lawyer and makes me wonder how a company comes after me if I start making software for devices that are US patents thing and sell them outside the US, or use them on online sites with servers outside the US.

    Press button for 5 secs, view buyer history.....
    I am really a happy Amazon customer and that patent does not personally bother me,... on the other hand I made a banner server once that serves ads based on what pages you visited on a site (product pages) ..... so I guess I am breaking the US law if I use that piece of software later on ...

    Patent laws are just plain stupid ....

  204. Re:Isn't this just a staple of old fashioned retai by marcosdumay · · Score: 1

    "With a spreadsheet, he enters in one figure and everything is re-calculated in an instant. Why isn't that useful and novel?"

    Usefull, yes. Novel, no. You seems to be arguing using a falacy here, not everything that is usefull is novel.

  205. purchasing browsing by Donny+Smith · · Score: 1

    >The proprietor knows you and your purchasing history.

    Maybe, but he probably does not know your BROWSING history which Amazon's patent is based on.

  206. Re:When will this stupidity end? by marcosdumay · · Score: 1

    " Because automating a process always makes it "new and novel"."

    No, it doesn't. The most you can do is automate something using a novel idea, so you could patent the way that your baby maker machine works (so anybody else could develop a different baby maker machine and patent it also). But you can't patent the proces just because it was automated. It is not new.

  207. Re:Isn't this just a staple of old fashioned retai by angle_slam · · Score: 1

    The first spreadsheet program ever was, by definition, the first program of its kind. If that isn't novel, then nothing is.

  208. Re:Isn't this just a staple of old fashioned retai by angle_slam · · Score: 1

    So basically, you think that there should never be a software patent. I think that is an extreme position to take. I agree with those who think that some patent applications are trying to patent the most trivial of "advances". But I don't believe creating an entire genre of software (the spreadsheet) is trivial.

  209. ROUND 2...FIGHT! by Anonymous Coward · · Score: 0

    Kick his ass, google!

  210. Hypocritical Tolerance by sstamps · · Score: 1

    I have never, nor will I ever buy ANYTHING from Amazon. I tell my friends and family not to buy anything from them, either, and am happy to find them alternative sources for the things they would otherwise buy from that "place". I won't accept gifts that I know were purchased from Amazon, and I am happy to tell anyone at every turn to stay the hell away from them.

    However, most people who claim to hate/dislike stupid patents like this aren't willing to suffer a little and give up their Amazon habit, nor take up the mantle of doing all they can to send a message, the ONLY message people like Bezos will understand: a dent in his wallet.

    To me, that is the same as complicity; hypocrisy at its worst. It's like being a politician. Rail about it in public, but enjoy the coosh of it in private.

    If you buy from Amazon or do nothing to discourage others from buying from them, then don't bother telling me how much you dislike stupid patents. I won't believe you, because it is hypocritical BS.

    Lastly, don't give me that "it's defensive patenting" crap, either. That's the most disingenuos pile of dung ever to hit the stall floor. Abuse of a system to prevent abuse of said system is about the lamest thing imaginable. Ever heard of "two wrongs don't make a right"? Using a lame patent to try and beat back a suit over another lame patent is not a deterrent and, as Amazon has already demonstrated, they intend to use their portfolio for more than simple deterrence anyway.

    --
    -SS "Teach the ignorant, care for the dumb, and punish the stupid."
  211. Re:..or just stop buying from Amazon by greydmiyu · · Score: 1

    Free over $25. Where've I seen that before? Oh, right, on the order I just placed at the end of last week. ;)

    --
    -- Grey d'Miyu, not just another pretty color.
  212. Re:purchasing browsing by Anonymous Coward · · Score: 0

    Why not? If he can see you while you browse his store, he may well know your browsing history and use it to suggest something you may be interested in but forgot to take.

  213. Re:Isn't this just a staple of old fashioned retai by Anonymous Coward · · Score: 0

    If what is being patented is the CONCEPT of automating something, it should never be patentable. If what's being patented are the technical SOLUTIONS to the problems that had to be solved to automate something, then it could be patentable.
    It almost boils down to the idea of patenting a specific solution to the problem versus patenting the problem itself. Patents should only be allowed on the specific solutions, never on a generic solution to a problem.

  214. Re:Isn't this just a staple of old fashioned retai by Anonymous Coward · · Score: 0

    It probabily was the result of a lot of work, and maybe even had to solve some pretty difficulty technical problems, but this don't make the spreadsheer program itself novel. Spreadsheets had been in use for quite a long time before, and the idea of putting one in the computer would not be novel.
    What could maybe be allowed to be patented (depending on if you think software patents should be allowed at all) are the technical solutions they had to develop to get the spreadsheet to work. This way, somebody else could use other methods to make another spreadsheet program that had exactly the same functions without infringing on the first one's patents; it would be much less of a roadblock to inovation than the patents we are seeing issued today.

  215. Re:..or just stop buying from Amazon by idontgno · · Score: 1

    Hmm. www.nerdbooks.com doesn't catalog used books on obsolete systems. Amazon does, even if it's through their affiliate used bookstores. Anyone have a useful alternative to Amazon in that case?

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  216. Frank Zappa Quote by Ken+Broadfoot · · Score: 1


    There is more stupidity than hydrogen in the universe, and it has a longer shelf life.

    -Frank Zappa

    --
    Bitcoin pyramid: Join here: http://www.bitcoinpyramid.com/r/1427 it's FREE!
  217. Re:Isn't this just a staple of old fashioned retai by Anonymous Coward · · Score: 0

    I can do one equation. I can do two equations. Given enough time, I can do N equations. And thats what a spreadsheet does. It does N equations. It doesn't create new equations, it doesn't think for you, it doesn't do anything that a human being couldn't do. Most importantly IT DOESN'T DO ANYTHING DIFFERENT.

    Does VisiCalc get MORE patentable if you run it on a pentium 4? Hey, ITS FASTER! That's gotta count for something, right! I know, I'll patent spreadsheets when calculated on the Cell architecture, because ZOMG that's going to be FASTER (well maybe)@!$!@# Who cares if math has been around for millenia?! Who cares if spreadsheets have been around for decades?! It's FASTER! And therefore even though I didn't invent shit, it's PATENTABLE by your shitty logic. After all, the VisiCalc people didn't invent shit. They didn't invent algebra, they didn't invent logarithms, they didn't invent charting graphs, or derivatives, or intregals. They didn't even invent the fucking computer that let them execute thousands of thousand year old equations per second.

    Programming a spreadsheet may or may not be trivial. But claiming they invented something is ignoring the fact that ALL THEY DID is take the SAME EQUATIONS MAN HAS USED FOR CENTURIES and put them in a computer! NOT NOVEL!

  218. Re:..or just stop buying from Amazon by falconwolf · · Score: 1

    I have YET to purchase a single thing from Amason. Their prices (especially on nerd-type books) aren't that good anyway. I get mine from Nerdbooks.com [nerdbooks.com]. The services is always very good, and prices are outstanding.

    Though I've ordered a few things from Amazon, I haven't ordered anything from Amason either. Most of the tyme I prefer to get my books from B&N, Barnes and Noble. I like to be able to hold and read a book before I buy it.

    Prices aside, I will NOT support a company that continues to rape the meaning of the word "innovation" by patenting rediculously obvious methods.

    You mean Microsoft?

    Falcon
  219. Re:..or just stop buying from Amazon by falconwolf · · Score: 1

    Hmm. www.nerdbooks.com doesn't catalog used books on obsolete systems. Amazon does, even if it's through their affiliate used bookstores. Anyone have a useful alternative to Amazon in that case?

    For old and used books, Powell Books is good. Bookcrossings is also a good place to check though it's not a bookstore.

    What is BookCrossing?

    bookcrossing
    n. the practice of leaving a book in a public place to be picked up and read by others, who then do likewise.

    Falcon
  220. NBCs theft of television is a great example. by falconwolf · · Score: 1

    If the patent office worked, businesses couldnt steam roller little guys all the time.

    Actually it was Sarnoff and his RCA that ripped off the television from Philo Farnsworth, tv's inventor.

    Falcon
  221. Re:..so? by symbolic · · Score: 1


    The same is true for amazon that holds for *AA. As long as people continue to pay Amazon to continue this behavior, they will. I've done just fine buying hardware from other vendors.

    The best part is that I'm not supporting the patent lunacy. You are.

  222. Sounds like fun place to work by Anonymous Coward · · Score: 0

    I'd just love to be working at amazons patent division dreaming up all this nonsense and submitting them to the patent office - their coffee brakes must be absolutely hilarious!!

  223. European Patent Office position by Anonymous Coward · · Score: 0

    I did a quick bit of research, and was relieved to discover that Amazon didn't even bother trying to file a European patent for this idea. They've realised that Europe isn't quite so friendly to their "inventions" as the US is.

    I'm sitting happily here on the opposite side of the Atlantic knowing that this rubbish will never affect me. I can set up a shopping website with user history reviewing capabilities and so long as I don't sell anything to Americans, Amazon can't touch me! HA!

    I just hope that the European Parliament sees sense and doesn't insist on strangling the Computer Implemented Invention directive by killing off all software patents for fear that these sorts of Amazon patents will slip through the cracks. It's not about to happen!

    I not going to say the EPO doesn't make the odd mistake (they've granted one dodgy Amazon patent that I'm aware of, but two or three people instantly opposed it, so it may not last long), but even when they do, there's no concept of "triple damages" in the UK, so Amazon can't punish me with multi-million dollar lawsuits - they can only put me back to the position where I would have been if I hadn't infringed their patent in the first place. HA!

  224. Re:..or just stop buying from Amazon by PigeonGB · · Score: 1

    Thanks! Now I know about nerdbooks.com too!

    --
    I have 3656.9 Bogomips. How many Bogomips do you have?
  225. Re:..or just stop buying from Amazon by tmarsh86 · · Score: 1
    Their prices (especially on nerd-type books) aren't that good anyway. I get mine from Nerdbooks.com. The services is always very good, and prices are outstanding.

    Shipping for a single book is $5 on nerdbooks.com while shipping is free on Amazon on orders over $25- and most of the nerd books appear to be over $25. So any savings you might get on certain books will be undercut by the shipping costs. I've been buying from Amazon for over 6 years and have never had any service problems. I agree that patenting something like that is silly, but have you taken a look at some of the patents in the US over the last few years? It's insane.

  226. Here's When by Anonymous Coward · · Score: 0

    It will stop when it stops being profitable.

  227. Re:Isn't this just a staple of old fashioned retai by Qzukk · · Score: 1

    You don't seem to understand what everyone is saying.

    Photoshop graphics effects: Novel. Nothing you did in a darkroom would ever approximate, simulate, or otherwise operate anything close to what photoshop does. They may or may not be "obvious" (for instance, making a photo brighter on a scale of 0 to 255 is obviously done by addition), but they are definitely novel.

    Programming languages were novel at the time. Structured descriptions of what the computer was to do in a language closer to english than assembly or simply entering in the opcodes in binary by hand, that was new.

    But guess what! Assuming that math can be novel again (which I still insist that unless you invent a totally new field of math, it's the same old, same old), that novelity wore off when the programming language inventor "invented" var x=y+2;. You claim that visicalc makes it novel because its "B2=A1+2" instead of x and y, yet variable names have been in use in algebra for hundreds of years. Substituting A1 for an unknown number is no more novel than substituting x for an unknown number.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  228. Looking at it... by Jaazaniah · · Score: 1

    One of the ways to take it back to the original idea is to bar software patents altogether. The industry got along fine for YEARS without having to resort to it. While companies like ID may be proud over their new engine, use agreements prohibit anti-competitive acts like reverse engineering - at least legally.

    But of course the USPTO won't reverse it's position on this, cause it obviously sucks money out of the little guys and produces more taxes from the big guys. So how do you solve it? Minimum requirements perhaps. Slap a compiled code size on what it takes to get a patent and then maybe stupidity over that 50k server process in the background won't bug the rest of the people in the world who're trying to make it better. The patents themselves would have to be algorythym-based, not process-based. The difference being that if I can patent a summary of my code in 5 sentences or less (process), I own the software market. But if I have to ensure my compiled size is large enough (complex algorythym) AND the source code is what's being patented, then it's harder for corps to bar the market to the rest of the small guys, like what happened with force-feedback. The alternative to that is for USPTO to only grant patents to individuals and not corporate or company names. That would help ease the whole "I worked on x for y hours, only got paid z, while the company is making 4000*z off my work". Unfortunately, that's not realistic either. Keeping corps happy is the govt's top priority, so it'll never happen.

  229. But Amazon REALLY invented statistics... by hadaso · · Score: 1

    > Maybe it is a good idea ... to break a patent ...

    Not in the case of Amazon's patents, because Amazon REALLY invented statistics...