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eBay May Lose 'Buy it Now' Button in Patent Case
Spamicles writes "A judge has delayed his ruling on the eBay patent infringement case. eBay has been involved in a legal dispute over the use of its popular "Buy it Now" button, which allows consumers to skip the bidding and purchase items on eBay directly. The patent suit was filed six years ago by MercExchange L.L.C. In May of 2003, a jury ruled in MercExchange's favor finding that eBay did in fact infringe on the patent, but in 2005 the US Supreme Court ruled that MercExchange was not automatically entitled to a court order blocking the offending service, essentially handing a victory down to patent reform advocates. However, the ruling by the Supreme Court does not affect the final judgment of the court."
That makes sense. Yay for software patents!
"Buy it later"
"Buy it after waiting 1 second" button.
Invalid Checksum. Retrying.
"Purchase it straight away" button, or something along those lines... We are a community where the mindset of "can't make profit? Litigate !" - and it is only getting worse.
I thought seriously about tagging this story with the tag "bull shit", because that's what this patent is. This should become the new poster child for "patent troll" and "patent office stupidity". This is even a more boneheaded patent than Amazon's non-innovation of one click buying (which always seems to take me two or three clicks anyway).
What's next, they're going so take Walmart to court because Walmart lets me buy something without bidding on it? Are they going to take the owners of the live auction I go to each week to court because after high bid is set on an item, they allow those present to buy multiples of that same item for the same high bid without running another auction process?
I'm all for the rights of a business to prosper and benefit from their original ideas. But this patent is about as far from "original" as you can get, and is as original as my getting up out of bed each morning and taking a piss. This company should be exterminated like the worthless parasite that it is. I said it before about SCO, and it applies here too...those who can innovate, while those who can't litigate.
I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
Buy it immediately?
Purchase now?
Screw the bidding?
Screw the bidders?
Screw Flanders?
You are reading a sig. Cancel or allow?
MercExchange patents 'buy it now' - Thank You!
Ebay negotiates a license - How much you want?
Ebay doesn't get a license - Whoa! That's too much
Ebay intentionally uses it anyway - What are they gonna do, sue us?
MercExchange brings a lawsuit against Ebay - Yes
Judge rules in favor of MercExchange - I can see your name on the patent
Judge misapplies injuction process - this stuff is complicated
Ebay appeals the injuction - HaHa! a technicality
Judges rule that the injunction was done wrong - I can see the process wasn't followed
Judges also comment on current patent law - this shit sucks
MercExchange requests the injunction be applied permanently - we hate Ebay
Ebay requests postponement until patent is reassessed - No rush, we can wait 10 years
Judge must now make a decision - damned if I do, damned if I don't
Heh. Given that, say, the in-game auction house on WoW has an instant buy option too, I wonder how long until they'll want their cut there too.
;)
And will they take the license fee in game money, since that's all that changes virtual hands? I can just see a party of lawyers riding to Ironforge and Orgrimmar to demand their license fees.
Well, the dwarves might even pay up, but I'd worry about trying to collect from the Orcs. I doubt anyone explained to Thrall yet how the license system works. And troll tribes tend to kill each other on sight, so I'd advise the patent trolls to stay clear of the Darkspear trolls
A polar bear is a cartesian bear after a coordinate transform.
Evidently the people who use these programs want the items you are bidding on more than you do, or it would not matter that they are entering last-minute bids. Enter as your maximum bid the highest possible price you would want to buy the item for, and it won't matter if somebody enters a bid at the last possible moment because you will automatically outbid them.
If you are not willing to do this, chances are the other person wants the item more than you do (i.e. is willing to pay more for it, no matter when they entered their bid) and thus you don't deserve to win it. The system is not broken.
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