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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?"

45 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 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.

    9. 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.

    10. 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.)

  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. 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. 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.
  6. 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.

  7. 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.

  8. 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
  9. 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.
  10. 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?

  11. 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?

  12. 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.

  13. 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?

  14. 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.
  15. 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"
  16. 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.

  17. 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
  18. 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.

  19. 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...
  20. 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.

  21. 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.

  22. 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.

  23. 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.

  24. 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.

  25. 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.

  26. 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.
  27. 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.

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


    "Would you like fries with that?"

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

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

    --
    -- This void intentionally left null.
  30. 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.
  31. 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".