Amazon Patents Bad Gift Protection
theodp writes "Thanks to the inventors at Amazon.com, you needn't fear Aunt Martha any longer. On Tuesday, Amazon CEO Jeff Bezos received a patent for a bad gift defense system that intercepts gifts you don't want and instead sends you something that you actually do want. For example, Amazon explains that its 'System and Method for Converting Gifts' would allow you to set up a rule like 'Convert all gifts from Aunt Mildred,' which would automatically convert any online gift orders from your well-meaning-but-tasteless Auntie into a gift certificate. Other examples of how the system might be used: You could convert bad gifts to something off your wish list; block specific products ('Not another XYZ comic strip calendar'); or ensure that any clothing gifts match your exact size ('Check clothes sizes first')."
Instead of trying to make an educated guess about what I would or would not want, just let me know beforehand that you might have an order coming to me that I don't want. Then let me decide if I want it in gift certificate form.
Oh really?
Under commerce laws, a contract is signed between a consumer and a company to perform a service.
The NON-action of that service - the unwanted gift ORDERED and PAID FOR by the consumer Aunt Milly - is a direct and actionable defrauding of service and a contractual BREACH by Amazon.
I smell a massive consumer lawsuit that Amazon will lose.
Amazon enters into the contract to deliver the goods and services specified. They are the AGENT of Aunt Milly.
Anything other than a good-faith effort to fulfill that contract is an act of FRAUD.
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Not (really) obvious, no prior art, kind of a cool idea. I kind of think patents for things that aren't physical objects are BS, but if we're going to allow them at all, then this seems like one we should allow.
HI, MY NAME IS ISAAC.
It's just like fortune cookies.
Append "in bed" and you get a laugh.
Append "with a computer" and you get a software patent.
However I believe (IMHO) it is not solving the fundamental problem.
A gift from person A to person B should be a symbol saying "I know you, and I believe that you should have this gift I am giving you". If person B is not receiving a desired gift from person A then there are at least 2 issues at stake:
So the fundamental problem is the lack of a proper relationship between Person A and Person B, and that this patent application goes to weaken all such relationships by automatically sweeping the real issues under the electronic carpet.
I am Slashdot. Are you Slashdot as well?
You just will no longer be creating the same contract. The contract will now read this item will be offered to the recipient, which he/she can accept or exchange for credit towards another purchase.
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Yes, that "without the initial delivery" is what makes there no prior art, and a very cool idea.