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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?"

80 of 430 comments (clear)

  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 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.

    2. 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."
    3. 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?".

    4. 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
    5. 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
    6. 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.
    7. 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.

    8. 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)
    9. 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.

    10. 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)

    11. 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.

    12. 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.

    13. 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.)

    14. 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.

  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.
  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 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.

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

    "When will this stupidity end?"

    Never..

  6. 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.
  7. 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.

  8. 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.

  9. 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
  10. 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.

  11. 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.
  12. 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?

  13. 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.

  14. 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...

  15. 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?

  16. 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.

  17. 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 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.

    2. 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

  18. 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.
  19. 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.
  20. 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.
  21. 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"
  22. 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.

  23. 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
  24. 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.

  25. 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.
  26. 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.
  27. 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 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
  28. 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.

  29. 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.

  30. 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?

  31. 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.
  32. 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.

  33. 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.

  34. 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 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

  35. 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
  36. 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.

  37. 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?

  38. 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.

  39. 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
  40. 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?
  41. 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.
  42. 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.

  43. 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.

  44. 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.

  45. Re:The most common example of all... by symbolic · · Score: 3, Funny


    "Would you like fries with that?"

  46. "When will this stupidity end?" by l0b0 · · Score: 2, Funny

    When some company patents not buying their product!

  47. If you liked by erveek · · Score: 3, Funny

    this ridiculous patent, may we also suggest one-click shopping?

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    -- This void intentionally left null.
  48. 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

  49. 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.

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    This comment does not represent the views or opinions of the user.
  50. 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.

  51. 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.
  52. 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.
  53. 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
  54. 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.
  55. Prior art by jdavidb · · Score: 2, Funny

    It would seem that the entire field of machine learning is prior art...

  56. 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".

  57. 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.