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Amazon Goes Web 2.0 Wild to Defend 1-Click Patent

theodp writes "Six years ago, Jeff Bezos and Tim O'Reilly urged the masses to give-patent-reform-a-chance as Richard Stallman called for an Amazon boycott. On Monday, the pair will reunite to kick off O'Reilly's new Amazon-sponsored Web 2.0 Expo with A Conversation with Jeff Bezos. Be interesting if the conversation turned to Amazon's ongoing battle against an actor's effort to topple Bezos' 1-Click patent, which The Register notes included dumping 58 lbs. of paperwork on the patent examiner, including dozens of articles from the oh-so-Web-2.0 Wikipedia, which the USPTO had already deemed an un acceptable source of information ('From a legal point of view, a Wiki citation is toilet paper,' quipped patent expert Greg Aharonian)."

28 of 77 comments (clear)

  1. A quote for the ages by $RANDOMLUSER · · Score: 4, Funny

    'From a legal^W any point of view, a Wiki citation is toilet paper,'
    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    1. Re:A quote for the ages by owlnation · · Score: 3, Insightful

      It is indeed.

      There's disagreeable things in this article - Amazon's ludicrous patent, the whole concept of Web 2.0, and The Register in general. So, it's nice to come away with something that's patently ('scuse the pun) obviously true. Wiki citations are most surely toilet paper, and not just from a legal POV.

    2. Re:A quote for the ages by cyphercell · · Score: 5, Funny

      Actually, in debate, I am often very pleased when my opponent relies heavily on wikipedia, it's like shooting fish in the frozen food section.

      --
      Under the influence of Post-Cyberpunk Gonzo Journalism
    3. Re:A quote for the ages by xenocide2 · · Score: 2, Interesting

      Well, I don't know about that. The default view in a wikipedia is certainly an uncertain proposition, but why should we trust wikipedia less than any other site? Yes, it's editable, but it also has revision control. As long as we generally trust website citations, wikipedia provides for demonstrating WHEN an article said something and for how long. I doubt writing about an idea counts as prior art though, so I'm not sure what the gain is.

      I'm sure lawyers can pick up on this. Whether judges can accurately measure what they're looking at is another matter and one that probably means it shouldn't be allowed any more than any other site.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    4. Re:A quote for the ages by Anonymous Coward · · Score: 2, Insightful

      On the other hand, if the technology you are trying to patent is already described on wikipedia, it is quite disingenious to claim that you are deserving of a 20-year monopoly. The whole premise of patents is that without the monopoly, the invention would not be publicized. Wikipedia is much more widely read than some niche publication like Journal of Interdisciplinary Tribology, which would count as a publication of prior art in the context of patent law.

    5. Re:A quote for the ages by PyroMosh · · Score: 5, Insightful

      Anyone who reviews my post history or goosles me, and digs a little will find that I'm not exactly a proponent of wikipedia.

      But there is no black or white here. Wikipedia is not apropriate for serious use, where it's important to be correct. But it's a massive quick and dirty database. If I want to know what X is and I've never heard of it, I can go to wikipedia and get an overview. If the authors did their due dilligence, I can find a decent collection of links off site that will tell me a bit abotu the subject matter.

      Wikipedia can be a useful tool. Just not for most important applications.

      Let's use a programming analogy. The "right" way to deploy a new application cross platform would be to code it in C or Java, or some other language apropriate to the task, and fine tune each version for each platform, and hunt for bugs on each platform. Annother, quick, relativly painless way, if it were an unimportant, trivial task, would be to just put together a web based Java applett, or perhaps even a flash object if it's simple enough. Hell, millions do this with YouTube, every day because it's "good enough". Even though an MPEG, MOV, AVI, or other video file played in a stand alone player would be "better".

    6. Re:A quote for the ages by nine-times · · Score: 5, Funny

      Anyone who reviews my post history or goosles me, and digs a little will find that I'm not exactly a proponent of wikipedia.

      Dude, I have no intention of goosling you. The only person I goosle is my wife.

    7. Re:A quote for the ages by Thexare+Blademoon · · Score: 2, Funny

      So that's where all those holes in the bags of french fries came from!

    8. Re:A quote for the ages by user24 · · Score: 2, Insightful

      sure, if you dig through the entire history of the article to make sure that the bit you're citing/using/reading has survived the almost non-existent "peer review process", then you can be sure of.. what? that it isn't vandalism? no - it could have just slipped through the net (and when you're looking for something like a date, who's going to know if the battle of actium gets changed from 31 to 32 BC?).

      The difference between wikipedia and normal websites is that normal websites aren't editable by just anyone. So, if the general quality of a webpage is high, then you can reasonably assume that the quality of any given citation is likely to be high. But that just isn't the case with wikipedia; just because article one (or even paragraph one) is well written and researched, that doesn't even go a little way to showing that article/paragraph two is going to be.

    9. Re:A quote for the ages by boredguru · · Score: 2, Funny

      'From a legal^W any point of view, a Wiki citation is toilet paper,' So it it worth more than a SCO stock?
    10. Re:A quote for the ages by The+Great+Pretender · · Score: 3, Insightful

      Surely the main position on Wiki and patents is disclosure. If the idea has been disclosed publicly prior to one year (? - INAL) then it can't be patented. So if some one has placed it in a public Wiki it surely must be considered publicly disclosed? The follow up may be a law suit against who ever made it public (not necessarily in the Wiki) if a breach of confidentiality was involved.

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    11. Re:A quote for the ages by cyphercell · · Score: 3, Funny
      http://en.wikipedia.org/wiki/Debate#Online_debatin g

      Oh, the irony, I'm replying with a link to wikipedia (grins wolfishly).

      --
      Under the influence of Post-Cyberpunk Gonzo Journalism
  2. What by Mipoti+Gusundar · · Score: 5, Funny

    What is toilet paper?

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    Will code for new sig.
  3. From a legal point of view by mixnblend · · Score: 5, Funny

    From a legal point of view, a Wiki citation is toilet paper does that make the one click patent the excrement in this little analogy then?
  4. I don't quite get it... by Lockejaw · · Score: 4, Insightful

    The headline directly says that Amazon plans to use the Web 2.0 Expo to defend the one-click patent.
    The summary speculates that Bezos might get called out over the one-click patent.
    The article says... wait... this isn't summarizing any article.

    So what's happened? Nothing new. What's going to happen? Very possibly nothing new.

    --
    (IANAL)
    1. Re:I don't quite get it... by MrBugSentry · · Score: 3, Funny

      A writeup that is totally inaccurate and furthers an agenda unrelated to the original article? On Slashdot??

  5. RTFM, John Doll by saibot834 · · Score: 5, Informative

    "The problem with Wikipedia is that it's constantly changing,"

    Just click on "Permanent link" and you will have a version that won't change. Or click on Cite this article.

  6. Huh? by Otter · · Score: 2

    The news news is that Jeff Bezos is giving a speech at an O'Reilly-sponsored conference about something having nothing to do with patents, and everything else in the blurb, from the title on down, is randomly thrown in by the submitter, correct?

  7. What was the result.. by jshriverWVU · · Score: 2, Informative

    of the lawsuit? I thought the One-click was a good example of silly patents. Having it overturned is important now just so other people can "use similiar concepts" but in software in general. If to many of these silly patents get pushed through it will be impossible for any non-big-firm programmer to develop anything, else they'll be infringing on the "while() {}" patent.

  8. When did Tim O'Reilly become such a scumbag? by ThurlMakes7 · · Score: 5, Insightful
    O'Reilly's behavior is truly despicable. Here's a guy who got rich promoting open source and intellectual property freedom. But as soon as he gets the chance to cuddle up to the IP holders, he sells out his principles.

    From the FTA:

    Millionaire tech publisher Tim O'Reilly once vowed to torpedo Amazon.com's 1-Click patent. Against a backdrop of widespread outrage over Amazon's aggressive use of the patent, O'Reilly created a contest to find prior art to undermine the IP claim, and thus invalidate the patent. However, O'Reilly quietly dropped the campaign; saying he would never disclose it because he trusted Amazon.com CEO Bezos not to use it.

    Following that cockle-warming tribute to his integrity, Bezos became a regular star turn at O'Reilly's web evangelism conferences. These days, O'Reilly's VC fund AlphaTech Ventures is supported by Bezos, and represented by the same firm of attorneys, Fenwick & West, which is defending Amazon.com against Peter Calveley.

    Never accuse these dot.com moguls of permitting ethics to stand in the way of getting rich.

    O'Reilly has the money and the influence to help strike out this dumb patent, but he chooses not to do so. It would be a nice irony if the USPTO threw it out because Tim's chum Jeff used Wikipedia. I'd laugh my fricking ass off.
  9. From a legal point of view by PatentMagus · · Score: 4, Insightful

    A wiki page is great if it is timestamped. A wiki page is a publication and can be used to establish prior art.

    The "patent expert" might as well have said The journal of machine intelligence and pattern recognition is toilet paper because the pages change from issue to issue.

    If archive.org could take an examiner, or anyone else, to a wiki version dated before the filing date of a patent, then I think it can be used to establish prior art.

    Even if the USPTO says it won't accept the wiki, a court could over rule them.

    --
    I am a lawyer, but not yours. Anything I tell you might be a total lie intended to benefit my clients at your expense.
  10. Beautiful symmetry in patent law vs. Wiki by Morgaine · · Score: 5, Insightful

    From a legal point of view, a Wiki citation is toilet paper,' quipped patent expert Greg Aharonian.

    And from any sane person's point of view, 99% of comments from patent experts are toilet paper, which is why we're in such a mess today.

    So, it's beautifully symmetric. Patent lawyers and Wikipedia were made for each other. :-)

    Although in Wikipedia's defence, it gets it right ***far*** more often. :-)

    In any case, Wikipedia can always be corrected, and very easily, that's the power of it. Whereas the only way of correcting a patent lawyer is with a lobotomy.

    --
    "The question of whether machines can think is no more interesting than [] whether submarines can swim" - Dijkstra
    1. Re:Beautiful symmetry in patent law vs. Wiki by ferd_farkle · · Score: 2

      oh...I thought that was how you created a patent lawyer...

  11. Wikipedia vs. other sites by Hrothgar+The+Great · · Score: 3, Interesting

    I don't think it's a good assumption that website citations are generally to be trusted for academic purposes. Wikipedia has requirements that citations from more trusted sources are included in articles - the lawyers in this case really should have known enough to go to those original sources and cite from there instead. You would think they would teach this sort of stuff in law school.

    If the articles in question DIDN'T contain citations from other sources, then how could any of the information be trusted at all, given that it was written by one or many basically anonymous users?

    Personally, I find Wikipedia to be really useful, but the problem with it from an academic standpoint is that any conclusions arrived at in its articles without citation tend to arise out of the consensus of the user community, and there is really no reason to trust information simply because the majority agrees it is the truth, especially in matters like this one.

  12. Commodore killed by patents? by Tablizer · · Score: 5, Interesting

    I was just reading the book "On the Edge", which is about Commodore's rise and fall. The silly "Xor cursor" patent lawsuit may be what finished them off. Commodore survived a slump in 1986 and may have also survived its 1993 slump if not for the Xor patent suit. Although the issues were complicated, the Xor lawsuit may have been what put it over the edge. If Commodore survived a few years longer to about 1996, then the shere money wave of the web boom may have kept them alive to try again with more products and an updated Amiga that was on the drawing boards.

  13. Greg Aharonian should be your friend by kansas1051 · · Score: 2

    Greg Aharonian is actually not a lawyer but a searcher that specializes in busting patents and exposing corruption and incompetence at the U.S. Patent Office. So, he is exactly the type of person /. should like. Greg's site is www.bustpatents.com.

  14. Proud Amazon Boycotter. by pecosdave · · Score: 2

    I am happy to say I have never once bought a single thing from Amazon.com. Their patent bullshittery is the reason. Fine, eBay/Half.com isn't necessarily run by angels, but they aren't going ape-shit on patents either. I do reference Amazon quite a bit, if I could find a better place that has tech specs and info on nearly any product I would use it, but epinions doesn't quite reach that level, at least I don't send them money.

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