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USPTO Grants Bezos Patent On '60s-Era Chargebacks

theodp writes "Chargebacks on computing resources are certainly nothing new, dating to the '60s. But five decades later, the USPTO has deemed Amazon CEO Jeff Bezos' invention — Dynamic Pricing of Web Services Utilization — worthy of a new patent. From the patent: 'Utilization of a storage resource may be measured in terms of a quantity of data stored (e.g., bytes, megabytes (MB), gigabytes (GB), etc.) per unit of time (e.g., second, day, month, etc.). Similarly, communication bandwidth utilization may be measured in terms of a quantity of data transmitted per unit of time (e.g., megabits per second). Processing resource utilization may be measured as an aggregate number of units of processing effort (e.g., central processing unit (CPU) cycles, transactions, etc.) utilized, or as a rate of processing effort utilization per unit of time (e.g., CPU cycles or transactions per second).' Sound familiar, Greyglers? Another example of why it's not wise to grant software patents when people don't know much about computer history."

25 of 144 comments (clear)

  1. Shit! by Colin+Smith · · Score: 4, Insightful

    There's a barrel load of stuff I've forgotten. Should have patented it while I could.

    WAIT!!! Maybe I still can.

    Go on, get off my lawn!

    FFS, someone should take a hatchet to the US PTO. Don't they need to reduce the budget or something?

     

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    1. Re:Shit! by amentajo · · Score: 5, Interesting

      No, increase the budget instead: give perks to employees that deny patents like this.

    2. Re:Shit! by nacturation · · Score: 4, Funny

      No, increase the budget instead: give perks to employees that deny patents like this.

      Sorry, but someones already patented that...

      Can we patent this type of reply on Slashdot so that we don't get the inevitable trite "that's been patented" responses? I mean heck... at try and be clever and original if you're going to pull out that crusty relic of a response.

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    3. Re:Shit! by Peach+Rings · · Score: 3, Insightful

      Ironically, your post follows the response predicted by the meta-meme exactly.

    4. Re:Shit! by camperdave · · Score: 3, Funny

      No, its just a perfect example demonstrating that everything is already invented. As such there's no longer a need for the patent office.

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    5. Re:Shit! by sortius_nod · · Score: 3, Insightful

      You shouldn't need a bonus to do your job.

      The organisation is corrupt from the ground up, the only option is to remove patenting. Whenever you have companies with a lot of money trying to get an edge, you're going to get corruption. Whether is congress/parliament or a government agency that enforces the laws, this seems to be rife.

      There's no way a sane person would allow patenting of 50 year old business practices.

    6. Re:Shit! by Kitkoan · · Score: 3, Funny

      No, increase the budget instead: give perks to employees that deny patents like this.

      Sorry, but someones already patented that...

      Can we patent this type of reply on Slashdot so that we don't get the inevitable trite "that's been patented" responses? I mean heck... at try and be clever and original if you're going to pull out that crusty relic of a response.

      But that hasn't been patented though. Rewarding an employee has been patented though for having/learning to do their job properly. Patent application number: 20100023384.

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    7. Re:Shit! by Dachannien · · Score: 5, Informative

      FFS, someone should take a hatchet to the US PTO. Don't they need to reduce the budget or something?

      The USPTO is entirely fee-funded. Your tax dollars don't pay the examiners' salaries.

      On a side note, if you do know something about history and technology, and you'd like to put your money where your mouth is and improve the quality of patent examination, the USPTO is currently hiring qualified individuals with expertise in electrical, computer, and biomedical engineering. US citizenship required. In addition to standard federal benefits and a salary that can reach $100k in about three years, the USPTO has the federal government's flagship telework program, which allows you to work from home, anywhere in the country, once you meet certain qualifications.

      See http://usptocareers.gov/ for more info.

    8. Re:Shit! by soundguy · · Score: 4, Insightful

      The fact that in the year 2010, the videos on the USPTO website require RealPlayer pretty much explains the mentality at the patent office.

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    9. Re:Shit! by Dachannien · · Score: 3, Insightful

      The way to improve the system is to do away with it:

      That's hardly practical, considering that most of us are not members of Congress. Wouldn't it make more sense to do something that would actually work, and try to improve the system from within?

    10. Re:Shit! by Dachannien · · Score: 3, Interesting

      The hoteling (telework) program requires that you have two years of service at the USPTO and have reached GS-12 or higher (which is also possible within two years). Before then, you have to move to the DC area to work there so that you can get adequate supervision.

      There was a recent change to the hoteling program such that if you live within 50 miles of the office in Alexandria, Virginia, you don't have to meet the reporting requirement. If you live outside that radius, you have to report in to the Alexandria office on two days out of each biweek for at least an hour each day.

      Some people who live outside the radius fly in on the last Friday and Saturday of one biweek, show up at work for an hour that day, make a vacation out of the rest of the weekend (get a hotel, etc.), go back to work on Monday and Tuesday of the following biweek, and fly out Tuesday. That at least means you only have to report in once a month for a long weekend.

  2. O'RLY by cosm · · Score: 4, Insightful

    I don't really understand how this is patentable. It is essentially a patent covering 'charging for computer time' or 'charging for computer resources'? The credibility of patents is eroded day by day, diluted into pure paperwork used for litigation fodder.

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    1. Re:O'RLY by IgnoramusMaximus · · Score: 4, Insightful

      The credibility of patents is eroded day by day, diluted into pure paperwork used for litigation fodder.

      That is a design feature, a direct consequence of a society run by lawyers for the benefit of lawyers and as an afterthought also sometimes their most wealthy clients.

  3. Re:Brainless by harlows_monkeys · · Score: 5, Insightful

    ...or the people who comment on patents without studying them to determine what is actually claimed and the scope of those claims?

  4. Misleading summary by Mr+44 · · Score: 5, Informative

    The patent is actually for utilizing a predictive process to change pricing based upon expected future load. Still not necessarily new, but very different than the summary implies.

  5. Worthless Patent by Anonymous Coward · · Score: 5, Insightful

    Let's look at a claim:

    1. A computer-implemented method, comprising: provisioning for an enterprise an enterprise-side web services computing resource to accommodate a given level of the enterprise's anticipated utilization; an enterprise-side computer system of the enterprise dynamically predicting the enterprise's own utilization of the enterprise-side web services computing resource that is expected to occur during a given interval of time; dependent upon said dynamically predicted utilization, said enterprise-side computer system setting a price to be charged for utilization of said web services computing resource by an entity other than the enterprise occurring during said given interval of time; and said enterprise-side computer system electronically providing said price to a client-side computer system for presentation to a customer associated with the client-side computer system as the price said customer will be charged for utilization of said web services computing resource during said given interval of time, wherein the client-side computer system is external to the enterprise.

    WTF? That's not an innovative solution to a problem. That's not even a solution to a problem - that's a description of the problem itself. They just patented anything that is a solution to the problem.

    This patent doesn't help other people implement any technology. The whole patent doesn't even contain any source code. If this document were released to the public, and had never been submitted as a patent, the world would be no better off than if it had never been written. Nobody would even care that it existed.

    This isn't an invention. This is worthless junk.

  6. Re:Don't care by John+Hasler · · Score: 3, Funny

    No. It's all the fault of the bankers. Do try to keep your scapegoats straight.

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  7. Flashback. by uncqual · · Score: 3, Interesting

    Wow, I hadn't thought of 'Kilo-Core Ticks" (or similar measures) for decades (back when I cared what they cost).

    Maybe only people who have been in the field over 40 years should be able to file patents -- at least they might recognize crap like this and be too embarrassed to actually apply for a patent like this.

    Perhaps we need to enable 'reverse patent trolls'. If someone patents something and the patent is later invalidated, the person (company) who made the application must pay the challenger's legal expenses. In addition, the entity filing for the application must pay the challenger, with interest, all revenue derived from the patent (both licensing fees paid to them and the added value derived from the patent in their own products - such as 'one-click' during the life of the patent). In addition, the entity applying for the patent would have to pay back (with interest) all licensing fees they were paid back to the people who paid them (yes, this is double!).

    People might think a little more about filing bogus patents with a system like this.

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  8. Re:Brainless by nacturation · · Score: 5, Informative

    So who is more brainless?

    You're brainless for not reading the patent claims, and theodp is brainless for his nonstop anti-Amazon patent tirade (372 results)

    Here are the relevant parts from all of the links in the summary:

    Wikipedia time-sharing article: "Users were charged rent for the terminal, a charge for hours of connect time, a charge for seconds of CPU time, and a charge for kilobyte-months of disk storage." Yeah, ok... that's metered service, just like your power bill or long distance charges.

    Plato history article: Uh, this mentions getting a 50th anniversary Plato-style Google logo on Google. Nothing relevant on this link.

    The actual patent abstract: "A method and system for dynamic pricing of web services utilization. According to one embodiment, a method may include dynamically predicting utilization of a web services computing resource that is expected to occur during a given interval of time, and dependent upon the dynamically predicted utilization, setting a price associated with utilization of the web services computing resource occurring during the given interval of time. The method may further include providing the price to a customer. "

    Does charging for CPU time and resources involve dynamic prediction? No? I didn't think so. Lousy try, theodp. Better luck next time.

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  9. Re:Free markets by rudy_wayne · · Score: 3, Insightful

    Congress could fix this. They're the ones that broke it in the first place.

    No, congress needs to fix what the courts have broken. The ability to patent software and business processes is strictly the result of court decisions.

  10. Re:Brainless by nacturation · · Score: 4, Insightful

    As if this doesn't happen every day in all industries. This is *obvious.* This belongs in a fucking contract, not a goddamn patent.

    Maybe so, but claiming that it's "60's-Era Chargebacks" is a complete misrepresentation based on the so-called "articles" linked to in the summary.

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  11. Been there, seen that. by Ancient_Hacker · · Score: 3, Interesting

    Way back around 1972, I worked on a CDC time-share system. They charged 4 cents per CPU second, 1 cent per PRU (640 characters) transferred to/from disk, and 0.2 cents per kiloword-second of memory used.

    Except after 5PM, when the rates went down 50%.

    Luckily I worked for the computer center, so the long assembly times ( 5 minutes ) were charged against a funny-money account. Still it was humbling that one missing comma and I'd wasted about 20 minutes of real time and $12, when $12 was real money.

  12. Did anyone actually read the paten by xianthax · · Score: 4, Insightful

    Did anyone actually read the patent?

    The summary author is an idiot and clearly doesn't understand the patent or simply didn't read it.

    They didn't patent measuring and charging for computer resources.

    They patented predicting resource utilization at a particular point in the future and varying charging at that time.

    They basically patented the ability to charge users hosting services with them based on response time and performance, they implemented this capability by predicting loads at a point in the future.

    Sounds like they don't want to charge by the RAM/disk usage/CPU time etc anymore but would rather charge based on guaranteed performance.

    Also this isn't a software patent at all. They effectively patented a business model.

    If you want to argue the merits of that, fine, lets at least stick to the real issue.

  13. "Sound Familiar" by Theaetetus · · Score: 4, Funny

    From the patent: 'Utilization of a storage resource may be measured in terms of a quantity of data stored (e.g., bytes, megabytes (MB), gigabytes (GB), etc.) per unit of time (e.g., second, day, month, etc.). Similarly, communication bandwidth utilization may be measured in terms of a quantity of data transmitted per unit of time (e.g., megabits per second). Processing resource utilization may be measured as an aggregate number of units of processing effort (e.g., central processing unit (CPU) cycles, transactions, etc.) utilized, or as a rate of processing effort utilization per unit of time (e.g., CPU cycles or transactions per second).' Sound familiar, Greyglers?

    It should, since it's part of a description about the art generally. I mean, if you're going to quote mine in a biased effort to show that the patent is invalid, why not go for this:

    For example, in some embodiments computing resource 100 may include tangible resources such as computer systems (e.g., standalone or rack-mounted systems), storage devices (e.g., magnetic/optical disk storage, tape storage, etc.), wired or wireless network communication devices (e.g., Local Area Network (LAN)/Wide Area Network (WAN) devices and/or media), input/output devices, or other types of computing devices.

    Oh, no, they just patented every computer system, storage device, and network!

    I mean, heck... if you're spreading FUD, why not go all the way?

  14. A Futures Market in Computer Time (Harvard, 1968) by theodp · · Score: 3, Informative

    A Futures Market in Computer Time, Communications of the ACM, June 1968: "An auction method is described for allocating computer time that allows the price of computer time to fluctuate with the demand...if the computer ever is idle, its price automatically becomes attractively low."