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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?"

16 of 430 comments (clear)

  1. 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

  2. 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!
  3. 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.
  4. 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.

  5. 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.
  6. 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.
  7. 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?

  8. 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.

  9. 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.

  10. 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.

  11. 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?".

  12. 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
  13. 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.

  14. 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.
  15. 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.