Slashdot Mirror


Uber Pushing For Patent On Surge Pricing

mpicpp sends news that Uber is renewing its push for a patent on "surge pricing," the practice of increasing rider fees when many people are trying to find transportation. The system measures supply (Uber drivers) and demand (passengers hailing rides with smartphones), and prices fares accordingly. It’s one of at least 13 U.S. patent applications filed by Uber or its founders to give it an edge over potential rivals ahead of a potential initial public offering. So far, Uber hasn’t had any luck. Ten applications were initially rejected by the U.S. Patent and Trademark Office for “obviousness” or for covering something not eligible for protection.

190 comments

  1. not original by bloodhawk · · Score: 5, Insightful

    Surge pricing I would have thought falls under the obvious category. It is simply pricing for supply and demand. higher prices bring in more suppliers and reduce the buyers. most businesses don't do it because it is difficult to manage and can cause a lot of customer aggro not because they are not aware of the supply and demand models.

    1. Re:not original by Anonymous Coward · · Score: 0

      given the previous 10 rejected patents it is quite probable they have just gone for something more generic than a specific implementation and hence will just be rejected again. I would think it would be damn hard to invent a new supply and demand prediction model that hasn't already been thought of, this is not exactly an under researched area.

    2. Re:not original by houstonbofh · · Score: 4, Funny

      Ticket scalpers will sell you prior art for $100 over face value.

    3. Re: not original by Anonymous Coward · · Score: 0

      Very good. You took econ 101. Now, show me an example of a price calculated for a specific product using actual data reflecting real time conditions of current supply and demand for any product or service you can think of.

      It's still ridiculous to use the patent system to protect a business/logic process, but that's a legal question well beyond the pale of Geekdom, anyway.

    4. Re:not original by scottbomb · · Score: 1

      And when demand shrinks, the customers you had before won't be yours any more. I once worked for a cab company. When their only competition in town went out of business, they jacked up their rates for medical/blood deliveries. When the other company made a comeback, the doctors and hospitals switched over to the competitor. Moral of the story: gouging customers only works in the short term.

    5. Re: not original by bloodhawk · · Score: 3, Insightful

      hotels and airlines both adjust there prices constantly according to available supply and demand. There are many many other examples.

    6. Re:not original by Anonymous Coward · · Score: 0

      Interestingly a lot of countries regulated taxis to prevent the surge pricing behaviour as it was common practise once upon a time and considered detrimental to transport as everyone only wants to drive during peak demand.

    7. Re: not original by Anonymous Coward · · Score: 0

      Stocks

    8. Re: not original by BarbaraHudson · · Score: 1

      One of the cola companies wanted to implement a vending machine that would charge more when it was hot. The hotter it gets, the more you pay.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    9. Re: not original by beelsebob · · Score: 1

      Prior art (what you are seeking) is only one way for a patent to be ruled invalid. Being obvious (anyone would have thought of pricing for supply and demand as the most idiotically simple thing you could do) is another.

      Though, since you want prior art, it's well known that supermarkets dynamically adjust the price of different items in different shops based on the demand at that time and location.

    10. Re: not original by K.+S.+Kyosuke · · Score: 1

      Canned air and the Joule-Thomson effect to the rescue? :D

      --
      Ezekiel 23:20
    11. Re:not original by SydShamino · · Score: 2

      Toll roads already use surge pricing in some places, to keep the toll lanes uncongested during times of high demand. Uber's patent is so similar as to be obvious.

      --
      It doesn't hurt to be nice.
    12. Re:not original by Noah+Haders · · Score: 1

      I once worked for a cab company. When their only competition in town went out of business, they jacked up their rates for medical/blood deliveries.

      Goodness, taxi drivers are assholes. I'm glad they're going out.

    13. Re:not original by vux984 · · Score: 1

      I would have thought falls under the obvious category.

      You don't seem to realize what the "obvious" category is. It's not for the idea, its for the implementation.

      It is simply pricing for supply and demand. higher prices bring in more suppliers and reduce the buyers.

      Yes, but how to you measure supply and demand? How do you set prices? Those are the details that define the patent.

      Otherwise I could patent a cure for cancer. Its pretty obvious really and I'm not sure why it hasn't been done already. It simply prevents the cancer cells from replicating. Patent please!

      Oh wit... .now you want to know exactly HOW I'm stopping the cells from replicating? Well I haven't worked out the details yet, but still ... the idea was obvious.

      This is why we patent inventions, not ideas. Ideas are a dime a dozen, making them work is the patentable part.

      most businesses don't do it because it is difficult to manage and can cause a lot of customer aggro

      So its difficult and causes problems?

      What if they had an invention which presented a working solution to these problems... why wouldn't that qualify for a patent exactly? :)

      That said, I do disagree with busines method patents. And software patents too.

    14. Re:not original by ahabswhale · · Score: 1

      Indeed. Apparently Uber hasn't heard of the stock market.

      --
      Are agnostics skeptical of unicorns too?
    15. Re:not original by rtb61 · · Score: 1

      Actually it is normally called price gouging or profiteering http://en.wikipedia.org/wiki/P... and is normally considered illegal in most modern democracies, which is the reason why it likely will not be patentable, although based upon past behaviour by the USPTO it will likely pass as long as the device it happens on, has rounded corners. This style of continuous price adjustment targeted against individuals is likely to result in some new regulations, especially with regard to disclosure or deceit with regard how the price is established. You can charge people less than the regular price however you will run into real problems with regard to prejudice, racism et al when you attempt to charge more than the regular price.

      --
      Chaos - everything, everywhere, everywhen
    16. Re:not original by Anonymous Coward · · Score: 0

      Price gouging...er...surge pricing... has indeed been around for decades. Uber are full of idiots.

    17. Re: not original by elbonia · · Score: 1

      Actually the Coca-Cola machines would charge less as the temperature increased

    18. Re: not original by bill_mcgonigle · · Score: 3, Insightful

      Price "gouging" is a good thing. It sends information signals to the market to divert goods to where they are needed. Hurricane approaching Florida? That load of plywood headed to Michigan should be diverted to boarding up windows in Dade County instead of to building a dog house in Lansing. But if the price of plywood is kept artificially low (only possible by the guns of government), there's no incentive to send the truck towards a hurricane, so the Michigan contract is fulfilled.
      During Hurricane Sandy some friends and I looked at renting a truck and getting some generators from our local stores to NJ - about 300 miles. It would obviously have to be worth our effort but both we and the people without power who could not find generators would benefit. But then Chris Christie got on TV threatening anybody who would charge above big-box store non-emergency prices with National Guard action. "Screw that", we said, "they can sit in the dark and enjoy their fairness".
      The important information theory piece to learn is that prices are the information signals that are sent through markets. The important economic piece to learn is that scarcity is real. The important political piece to learn is that politicians ignore both, to the detriment of their people but to their own personal gain.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    19. Re: not original by kwbauer · · Score: 1

      Except most /.ers who continually deny that such a thing exists.

    20. Re:not original by Anonymous Coward · · Score: 0

      Where are the editors?

    21. Re: not original by rtb61 · · Score: 4, Insightful

      I hope one day you find yourself hanging from a cliff and just before the person reaches down to help you they say, agree to hand over all your assets or I will divert my resources to else where and assure you, that you can always wait for a more competitive offer. Perhaps a fire brigade that agrees to buy your house for 50% of it's value or they will not put out the fire. Price gouging practices inevitably leads to people creating disasters in order to exploit them. Creating monopolies are the same idea. So no, your ideas suck and they are grossly anti-social and have no place in a modern society.

      --
      Chaos - everything, everywhere, everywhen
    22. Re:not original by 91degrees · · Score: 1

      Typically patents are not on the concept but the implementation. The details of how to adjust pricing in an optimal way is far from obvious.

    23. Re:not original by Anne+Thwacks · · Score: 1
      Bus and taxi drivers in most deverloping countries have been doing this for over 40 years to my personal knowledge, and probably since transport began.

      Captain Obvious used to own the patent until it expired.

      --
      Sent from my ASR33 using ASCII
    24. Re:not original by N1AK · · Score: 2

      Actually it is normally called price gouging or profiteering http://en.wikipedia.org/wiki/P... [wikipedia.org] and is normally considered illegal in most modern democracies

      No it isn't. Price gouging laws almost universally are limited to disasters and to critical items. Even if you consider taxis critical the vast majority of surge pricing on Uber is for things like sporting events, rush hours etc not hurricanes.

      If you have 100 taxis, and 1,000 people want one then what is the correct way to decide who gets one if it isn't price? Chance, local knowledge, friends at the taxi firm... If surge pricing has the additional benefit of encouraging more drivers to enter the market at times of need then even better.

    25. Re: not original by N1AK · · Score: 1

      I hope one day you find yourself hanging from a cliff and just before the person reaches down to help you they say, agree to hand over all your assets or I will divert my resources to else where and assure you,

      I hope one day you're dying of thirst somewhere, and no clean water is coming because charitable groups can't mobilise fast enough and anti-price gouging laws make it uneconomical for private enterprises to sell where you are.

      Your fire brigade example is especially ignorant. If you aren't in an area where general taxes pay for the fire service it is common for fire services to either a) refuse to put out fires or b) charge eye bleedingly large amounts to put out fires, if you choose not to have a policy with them.

      Perhaps you'd like to share some examples of disasters created by people intending to exploit them by price gouging? Maybe even one where the actions taken to create the disaster wouldn't be a crime anyway? Because if you can't it just looks like you're making up issues because you don't have real ones to use.

    26. Re:not original by N1AK · · Score: 1

      Yes, but how to you measure supply and demand? How do you set prices? Those are the details that define the patent.

      I'd be interested to hear of a method for measuring supply (number of drivers) and demand (number of potential customers) that wouldn't be considered obvious. It is after all one of the most basic areas of economics. Setting prices will be an algorithm and they aren't eligible for patenting in a lot of countries and difficult to protect in others. Remember that patents aren't for things that are hard but for things that aren't obvious.

    27. Re: not original by skegg · · Score: 1

      I suspect the answer lies somewhere in between.

      What about India -- under threat of allowing foreign drugs to be replicated without paying patents -- slashing the price they'll pay for said pharmaceuticals?
      Surely this is an example of the market not working? (The final price is not the result of supply intersecting demand.)

      Of course, it's very important that the pharmaceutical companies remain profitable so they can continue their R&D.
      Though ... I don't think there's any imminent cause for concern

    28. Re: not original by rtb61 · · Score: 2

      That fire brigade idea is a historical fact, it occurred in Roman times. In fact that fire brigade was suspected of starting some of the fires. http://en.wikipedia.org/wiki/H... Now don't you feel foolish ;D.

      --
      Chaos - everything, everywhere, everywhen
    29. Re: not original by Anonymous Coward · · Score: 0

      What about India -- under threat of allowing foreign drugs to be replicated without paying patents - slashing the price they'll pay for said pharmaceuticals?
      Surely this is an example of the market not working?

      That's an example of the market being suspended by governmental action (the patents), not an example of the market failing.

    30. Re:not original by Anonymous Coward · · Score: 0

      They're the ones posting this crap.

    31. Re: not original by drinkypoo · · Score: 2

      I hope one day you find yourself hanging from a cliff and just before the person reaches down to help you they say, agree to hand over all your assets or I will divert my resources to else where and assure you, that you can always wait for a more competitive offer.

      We're talking about people who willfully build and rebuild homes that cannot take the stress of recurring natural disasters in a place where those disasters occur not merely occasionally, but regularly. And, I might add, in your example we have people who willfully build and rebuild flammable homes in areas known for their wildfires. That should be illegal and prohibited by code but instead it is enshrined in law.

      Perhaps a fire brigade that agrees to buy your house for 50% of it's value or they will not put out the fire.

      That is wildly different from the given scenario, and your bringing it up here is pure prevarication. In the given scenario, some people who would incur costs helping to solve a problem are not permitted to profit from solving the problem, eliminating the motivation to do so. In your scenario, some people who are already paid to solve the problem under our current model are demanding additional payment. Do you see the problem here? Proposing to reduce government interference in commerce is not the same as proposing to eliminate government services, and your suggestion that it is so is disingenuous. You know better. Stop lying.

      The simple fact is that by not buying a generator ahead of time, these people have incurred additional costs. They know that they need one, but they are content to permit someone else to solve their problems for them. It's simply not appropriate to build your life around the use of electricity, live someplace where it goes out regularly, and not have a plan for solving that problem. Instead, people on the other side of the country wind up having to subsidize your lifestyle. Government interference in this area might reasonably require you to own your own backup power source (or subscribe to one on your block, perhaps, if our grid were capable of behaving like a grid — hint, it isn't) but it isn't reasonable to prevent people from coming in and offering to sell you a timely solution at whatever price the market will bear. That is rank hypocrisy, especially at a time of ongoing financial crisis. If you propose to prevent people from selling generators at inflated prices to people who need them right now, then what do you have to say about the general manipulation of energy prices? We all need energy all the time, and many people are barely able to pay their bills as it is. Your "modern society" includes the concept of charging whatever the market will bear for energy every day, it is unfair to people in bad situations every day. You're okay with that being nationalized, institutionalized, but not okay with it happening on an individual level.

      You were given a concrete example of government interference in the name of fairness exacerbating a problem, and instead of conceding the point or at least considering it, you rejected it out of hand and brought up irrelevant examples to support your point. That is not thinking worthy of sharing.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    32. Re: not original by Anonymous Coward · · Score: 0

      You're the type of capitalist that makes me finally understand Stalin. Congratulations.

    33. Re: not original by Triklyn · · Score: 1

      don't we just call it protection money these days?

      We're so enterprising, the disaster is theoretical and on a personal level.

      You want hands? i'll off the service of keeping this hammer from breaking them for half your life savings and profit.

    34. Re:not original by JasonGoatcher · · Score: 1

      ...you cannot patent something that does not even work.

      Why on earth would someone be unable to patent something that doesn't work? If I had the money and time to patent a manufacturing process for a square wheel, I'm pretty sure the patent office would accept it. They'd laugh at me, but that's not a reason to reject a patent.

    35. Re: not original by linuxgurugamer · · Score: 1

      This has been done in the Disney parks for many years already. Above 77 degrees, the price was $2.25,below 77, it was $1.25 (Not sure if the numbers are correct, but the example is)

    36. Re: not original by sinij · · Score: 2

      No, price gouging is a failure of elasticity of demand. For the market to function properly, both parties to transaction must be rational and able to walk away from the deal. In most cases of gouging, one party has another 'over the barrel'. Such scenarios could not be properly described with market theory, but I theorize criminal law would be much more appropriate tool.

    37. Re:not original by Coren22 · · Score: 1

      The biggest example of this is all the perpetual motion patents they get, and approve.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    38. Re:not original by Anonymous Coward · · Score: 0

      "Not to mention that free market economics have been proven by the leftists to not even work and you cannot patent something that does not even work."

      LOL

    39. Re:not original by Matheus · · Score: 2

      *THIS* ^^^^

      I've rarely experienced supply and demand so exquisitely demonstrated than when purchasing (or selling) concert tickets. Variable demand spikes depending on the quality of the merchandise (how 'big' is the band); Prices change constantly; inventory moves in and out of the market; Complex timeline price variations starting from pre-sale through on-sale and over the time between release and showtime (somewhat but not always predictable rises and falls over that time). It's a full time job keeping up with all of that on both sides making sure you get the most for the tickets you are selling and paying the least for the tickets you are buying.

      I am a music junkie not a scalper but honestly if Ticketmaster/Live Nation were to profile its customer base I'd be in the suspect category just because I spend 250+ nights a year at some show or another and my friends are lazy/poor so my rate of ticket buying is exceptional for a casual user.

    40. Re: not original by Anonymous Coward · · Score: 0

      "For the market to function properly, both parties to transaction must be rational and able to walk away from the deal."

      That is ridiculous, unless by "function properly" you mean "adheres to my predetermined moral viewpoint".

    41. Re: not original by Coren22 · · Score: 1

      If you were talking about Florida, Louisiana, and that area, sure, makes perfect sense to blame them when another storm hits. New Jersey doesn't exactly get that many storms. Living in Maryland, I can remember three hurricanes, one went right up the Chesapeake and pushed a 12 foot storm surge up the bay, it flooded the whole inner harbor. This is not normal, the other two hurricanes just dropped a lot of rain.

      Areas to the north don't get slammed by hurricanes so often, so codifying hurricane proof housing isn't exactly a priority. Plus, how do you codify a house able to withstand a high tide 12 feet above normal? Most of these coastal regions are around a foot above high tide.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    42. Re:not original by vux984 · · Score: 1

      I'd be interested to hear of a method for measuring supply (number of drivers) and demand (number of potential customers) that wouldn't be considered obvious. It is after all one of the most basic areas of economics.

      And wiping windows is one the most basic areas of home maintenance, but if you come up with a wiper design that gets a cleaner window with less streaking its still patentable. Even if "using a better wiper to wipe the window" is obvious.

      Setting prices will be an algorithm and they aren't eligible for patenting in a lot of countries and difficult to protect in others.

      True, and I closed my post mentioning that I didn't agree with business method patents; so we're in agreement here.

    43. Re: not original by Hognoxious · · Score: 1

      If your finger hadn't got tired, you might have read the bit that says "... where the actions taken to create the disaster wouldn't be a crime anyway".

      Not an expert on Roman law, but I suspect arson was somewhat frowned on then as it is now.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    44. Re:not original by bored_engineer · · Score: 1

      If the patent officer recognize it as useless, they will reject the patent.

    45. Re: not original by david_thornley · · Score: 1

      A fire brigade is much like insurance, in that it alleviates large but rare losses. For that to work, it's necessary for people to contribute to the fire brigade, with taxes or service fees, while not expecting to need them. People who don't contribute aren't in the insurance pool, and therefore it's reasonable to charge them the whole cost (including marginal costs and amortization of fixed costs), which is high because fire brigades aren't cheap. It has nothing to do with surge pricing.

      One thing about your earlier example is that generators are not normally a necessity. There are people who do need the power, and the emergency response people can deal with that. Otherwise, it's a matter of wanting power sooner, and so is optional. Is getting a generator now worth twice the normal cost, or would you prefer to wait until the main power is on, and maybe then pay normal price of a generator? Price limits on necessities have some justification, although that can lead to inefficient distribution and shortages, but price limits on luxuries don't seem to make sense to me at all.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    46. Re: not original by rtb61 · · Score: 1

      So in the case of Uber, government subsidised electric taxis or mini buses make sense in order to get more private drivers off the road and to make that form of public transport more accessible at regular expected prices. So take taxis licence bought in bulk and limit them to one per customer, so as to block profiteering from bulk purchases at inflated price to keep the little person out and to force them to work for far reduced wages, an interesting idea and one I support whole heartedly.

      --
      Chaos - everything, everywhere, everywhen
    47. Re: not original by Anonymous Coward · · Score: 0

      See Enron

    48. Re:not original by kwbauer · · Score: 1

      Uh yeah, if your process is supposed to produces square wheels and does produce square wheels why would you say that your process isn't working? What other definition of working should be used? And square wheels can be used to propel a vehicle.

    49. Re:not original by hawk · · Score: 1

      Not just obvious, but prior art.

      Just about any market does this; the change of price brings other players in, or causes them to leave.

      I wrote code for a simulation in '95 or so that had the simulated merchants applying a quadratic equation to the amount that their sales missed the sell-out quantity. It was trivial to cause markets to clear, on just that one piece of information. (In fact, at one point, due to a coding error, the product was a "bad" rather than a "good"--and it still cleared at a negative price.

      The algorithm for Uber would be trivial: once the wait time goes above or below its usual band, the price adjusts by some portion per time unit (e.g., 1%/minute) until the wait time is normal. Or include lagged time periods to damp oscillations.

      This is just plain trivial. I, or any other computational economist, could sit around all day kicking out new algorithms for this.

      It's really pretty simple: if you sell out to quickly, or can't service all your customers, raise your prices; if you have excess, lower them. Doing it by algorithm is nothing new; the trick to patentability would be to find an algorithm that not only hasn't been done before, but is actually better than the other trivially reachable algorithms.

      I drove the demand in that model various ways, whether constant, sine waves, stochastic, saw tooth, and probably others I'm not recalling off-hand. A rather simple genetic algorithm rapidly converged in all cases. Mathematically, that method was probably mathematically equivalent to large classes, possibly all, other second order and lower and lower methods or solutions--and the method rather clearly could be extended to nth order . . . (second order methods tend to be sufficient for most things).

      hawk

    50. Re: not original by sinij · · Score: 1

      Function properly means "fit into behavior that could be described by predictive models". We assume participants in transaction are informed, rational, and free to turn down a bad deal because these are necessary elements of market's self correcting mechanisms. Otherwise, it becomes functionally impossible to distinguish it from "might makes it right".

      For example, if I were to point to Enron case and claim it is a result of market forces, you'd quickly object and point out that Enron was a case of fraud and is outside of "normal" market conditions. Well, you can't have it both ways - ether market operates within certain parameters, or both Enron and price gougers are result of market forces.

    51. Re: not original by jafac · · Score: 1

      I suspect arson was somewhat frowned on then as it is now.

      lol. If it "creates jobs" - then it is pretty much accepted with open arms, if not worshiped and deified.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    52. Re: not original by drinkypoo · · Score: 1

      Plus, how do you codify a house able to withstand a high tide 12 feet above normal?

      You don't. You just expect it to be washed away, and you don't expect help. And anyone who expects to be able to depend on you in situations with heavy weather is a tool who deserves to fail. We keep propping up idiots and we wonder why the world keeps looking more and more like Idiocracy. Nobody but farmers should be living on a flood plain, and we should be farming it. Nothing but disposable (and once fallen, biodegradable) summer homes should be built on the beach. No flammable structures should be built in wildfire zones. No fragile structures in common quake zones. Yet we still have all of that. Yes, even that last one, California is still building shit-shacks made of nothing. They might not fall down in a quake, but they will slop themselves apart, and they're highly flammable even though this is wildfire country.

      In short, we are not even using the most basic common sense when siting and building. It's all for profit, and there is no sense to the system whatsoever. In fact, people who try to do the right thing are usually hampered so as to continue to produce more business for the system, ye olde broken window fallacy in action.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    53. Re: not original by drinkypoo · · Score: 1

      One thing about your earlier example is that generators are not normally a necessity.

      Unfortunately, even the furnace won't function in most places without power, so electricity is a necessity. Most of our equipment is very poorly thought-out like this. When I installed a replacement on-demand water heater in this house, I could get the same model with different suffixes corresponding to three different ignition systems: a plug-in, on-demand spark ignition; a dynamo-based, on-demand spark ignition; or a tradtional pilot, with a piezo igniter. I chose the piezo igniter because I know I live in the boonies and the power can go off here, and I still want to have hot water if that happens. Of course, having flow takes a generator, but it doesn't take a whole-house generator and the pump house is significantly distant from the house.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    54. Re:not original by Anonymous Coward · · Score: 0

      Uber is trying to combat several facts,
      1. The barrier to entry is extremely low to their domain.
      2. The only thing they really "own" is the drivers, and they will work for whomever pays the best.
      3. They have no IP.
      4. Being a latecomer didn't stop Google for taking over for most search engines, and Uber's only claim to their 41 billion in valuation is being first.

  2. Surge pricing during security incident by Harlequin80 · · Score: 4, Informative

    They could patent surge pricing during terrorist or hostage activities.

    Uber managed to get some bad press here in Australia when their price went up to $100 for a callout to get out of Sydney when the guy took hostages in the Lindt Cafe there.

    1. Re:Surge pricing during security incident by Anonymous Coward · · Score: 2, Informative

      Also known as price gouging
      Illegal in most US states -- probably most other industrialized nations.

      Wow, and they're trying to patent it? What a slimeball company.

    2. Re:Surge pricing during security incident by Anonymous Coward · · Score: 0

      Maybe instead they should attempt to patent the techniques governments use to prevent price gouging, so they could continue prevent the government from deploying those techniques.

    3. Re:Surge pricing during security incident by rockout · · Score: 3, Informative

      I'm so tired of this bullshit example being trotted out as evidence of how evil Uber is. Here's the facts of what happened in Australia:

      A bunch of people suddenly wanted Uber rides out of the area during the hostage situation. Uber's computers responded accordingly, and automatically, in activating the surge pricing. Whether you like the surge pricing or not, it's designed to get more drivers onto the road by providing the incentive of higher pay to meet the spiking demand. One would assume that at least some drivers are more likely to go out and pick up passengers when their phones alert them that they can suddenly make 4x the normal fare.

      When human beings running Uber in Sydney became clued in as to what was happening, they made all rides in the area free.

      Here's what DIDN'T happen: Uber in Sydney finds out about hostage crisis, says "omg let's charge 4x the normal fare because bunches of people are going to want rides and we can gouge them!"

      You can disagree with Uber's business practices, or how they run their business, and that's fine, but when you just start making shit up, you lose all credibility and take away from an intelligent conversation on what to do about Uber. You're the problem.

      --
      I've learned that they're worthless, so I don't read AC comments anymore.
    4. Re:Surge pricing during security incident by pitchpipe · · Score: 1

      Welcome to the New (AKA Crony) Capitalism. Price gouging and monopolistic practices used to be illegal. Now not only are they just good business sense, but in some cases patentable. But at least you know when you are being gouged that it is going to support a good cause (the free market).

      --
      Look where all this talking got us, baby.
    5. Re:Surge pricing during security incident by CanadianMacFan · · Score: 3, Interesting

      It isn't the first time this has happened to Uber. Maybe they should adjust their system so that if they see a sudden spike in requests it alerts the humans for instructions instead of just jacking up the price. They could put in scheduled events, like the end of a sporting event or concert, so that it wouldn't bother them.

    6. Re:Surge pricing during security incident by Anonymous Coward · · Score: 1

      Whether it was automated or intentional is irrelevant, all that is relevant is they were taking advantage of the situation and it wasn't until the PRESS started giving them bad headlines that they started offering the rides for free.

    7. Re:Surge pricing during security incident by gnupun · · Score: 2

      I'm okay with surge pricing as long as the reverse is also true. That is, when the demand is low, the fares should be below cost. So during periods of low demand, a typical govt regulated $10 taxi ride should cost $1-$2 on uber. This should be called slump pricing.

    8. Re: Surge pricing during security incident by giorgist · · Score: 1

      What if you think about it as creating incentive to help people get the hell out of there creating a much needed service. If you didn't want it, just walk.

    9. Re: Surge pricing during security incident by Anonymous Coward · · Score: 0

      Exactly, and this is why the "free market" excuse is bullshit.

    10. Re:Surge pricing during security incident by drinkypoo · · Score: 1

      I'm okay with surge pricing as long as the reverse is also true. That is, when the demand is low, the fares should be below cost.

      That would be stupid, and so your idea is stupid, because you're demanding that other people behave stupidly. You don't operate a private transportation concern below cost. You just don't. Not for a minute and not for a mile. But you do charge what the market will bear, and in fact capitalism works better when you do that, because if you are leaving a market underserved then someone else will crop up to fill it, and otherwise the capital is not transferred away from those who have the most of it, who should pay more if they are going to receive preferential treatment. If you're against preferential treatment, then you should be against capitalism, and so you should not be okay with surge pricing.

      Now, if private car services became the primary mode of transportation, you might begin to subsidize them, so that they could operate in the mode which you suggest. But then you'd have the problem that the poor could only afford to go places at certain times. The rich would surely love this, but it's even more unfair than the current situation.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    11. Re:Surge pricing during security incident by Anonymous Coward · · Score: 0

      And here's what would have made people think Uber was a good company: Uber notices that there's a disaster happening, and lowers prices to help people get out of the danger area as quickly as possible. People see Ubers good deed, and think Uber is a good company that they'll want to patronize more in the future.

      Instead, Uber's prices skyrocketed, and people now view Uber as the pissant little profiteering company that it is.

    12. Re:Surge pricing during security incident by rockout · · Score: 2

      With regard to concerts and sporting events, why should Uber make rides free during those events? One would think Uber drivers would go to such areas at the conclusion of the event in hopes of picking up fares, so there would be less need for surge pricing, and if there were was need for surge pricing, that would still serve the purpose of getting more drivers on the roads.

      Let's not forget a key point that everyone seems to ignore - NO ONE IS FORCING YOU TO TAKE UBER. It's merely an extra choice, meaning you now have more choices for transportation than you did before. That's a good thing. If you take a handful of negative news stories about Uber (many of them unjustified attempts by press to create a story out of nothing, like in Australia), and decide you don't want to use Uber, that's fine; you can still take a taxi, or a bus, or a train, or your own car.

      --
      I've learned that they're worthless, so I don't read AC comments anymore.
    13. Re:Surge pricing during security incident by gnupun · · Score: 2

      That would be stupid, and so your idea is stupid, because you're demanding that other people behave stupidly. You don't operate a private transportation concern below cost.

      Okay, it's stupid because you say it's stupid. But it's okay for predatory, opportunistic vendors to fleece customers at a time they badly need a service. It's okay to charge 10 to 20 times what it costs them to provide said service, but start whining about some law of nature (it's not) called capitalism to justify their ripping off people.

      I don't think it's stupid, in fact it is quite fair and efficient. During low demand periods, these services lie unused and that's a waste of resources. Lowering the price to below cost is counter balanced by the high prices during surge pricing -- therefore the taxi operators don't suffer any losses. This is just a variation of the freemium model which works quite well.

      But you do charge what the market will bear, and in fact capitalism works better when you do that,

      That would be fair if employees could apply the same principle to employers -- demand from them a salary they can bear. Instead, they are just paid living wages, plus some token amount for their education/experience. I find that capitalists usually just collect and combine works of their employees and deliver them to customers. But they pocket 70-90% of the product price for this simple service. I don't see how this is justified.

    14. Re:Surge pricing during security incident by Coren22 · · Score: 1

      I believe CanadianMacFan was stating that the sporting events and concerts would automatically cause the normal surge pricing, but unusual events would alert a human to deal with the issue to make sure Uber doesn't look like profiteering jerks. What they did with giving away the rides for free in Sydney was a nice thing to do to gain positive press, but if it had alerted a human, they could have told the software to keep the pricing normal and not cause a surge.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    15. Re:Surge pricing during security incident by david_thornley · · Score: 1

      Do the services lie unused? Uber drivers are independent people deciding if they want to be driving or not, given the fares. This isn't a taxi company which will have roughly the same number of cabs on the streets no matter what the demand, and even then the fare has to pay for the gasoline consumed. With Uber, drivers have to be willing to operate on the current fare structure. Therefore, given little demand, the supply will also go down.

      One thing that surge pricing does is inform drivers that they can be making lots of money, and therefore more drivers will be available to drive people around at the higher fares. It also discourages people who have no particular need to use Uber at the time, which automatically prioritizes who should get rides.

      This isn't capitalism. It's more basic than that. It's the law of supply and demand, carefully packaged up.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    16. Re:Surge pricing during security incident by Pubstar · · Score: 1

      You missed the point he was making. He is saying to let surge price happening automatically under scheduled events (Concerts, sporting events, festivals, etc), where as any other time a massive uptick happens (such as the hostage situation), that it requires manual intervention before activating surge pricing. This wasn't about giving stuff up for free.

    17. Re:Surge pricing during security incident by rockout · · Score: 1

      You want manual intervention before surge pricing gets activated, every time? Kind of defeats the purpose of having a computer respond to the supply-and-demand levels of every single place Uber operates. The whole point of that system is that it's designed to quickly respond to rapidly changing levels of drivers and passengers, and it doesn't do either party any good if a human has to review every single surge pricing moment before the surge pricing goes into effect. It's a ridiculous premise.

      --
      I've learned that they're worthless, so I don't read AC comments anymore.
    18. Re:Surge pricing during security incident by Anonymous Coward · · Score: 0

      Why would they do that when they can take the money and have a "nobody was looking at the computers LOL" excuse dumbfucks will gladly, condescendingly post on their behalf?

    19. Re:Surge pricing during security incident by Pubstar · · Score: 1

      I was only clarifying what someone else said. Never said I agreed with it.

  3. Its been done before by Anonymous Coward · · Score: 0

    Haven't the airlines, railroads, vehicle rental agencies and google already been doing this for years, if not, decades?

    1. Re: Its been done before by Anonymous Coward · · Score: 0

      Which is good because if they didn't believe that science is a scam then they would be able to use it against us.

    2. Re: Its been done before by Coren22 · · Score: 1

      Well, I would rather the republicans collecting taxes to pay for the military, which is in the constitution, to the democrats who force you at gunpoint to pay for all those people who don't feel like working cause working is hard.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  4. Uhhuh by easyTree · · Score: 2, Interesting

    Ten applications were initially rejected by the U.S. Patent and Trademark Office for “obviousness”

    It seems pretty suspiciuos that the USPO only now has started to do their jobs - just when UBER's patent-applications crossed their desks.

    1. Re:Uhhuh by Anonymous Coward · · Score: 0

      Well it does seem these are no brainers to reject, at least with some of the others they could argue they weren't technically knowledgable enough to reject them. these and their surge pricing ones seem blatant cases for instant rejection.

    2. Re:Uhhuh by easyTree · · Score: 1

      Yep but why start rejecting based on obviousness *now* ? I can't recall details (exercise for the reader) but over the years there have been countless obvious patents which weren't rejected - rounded corners? hello?

    3. Re:Uhhuh by Ixokai · · Score: 1, Informative

      Ugh. I'm so tired of this ignorance.

      The "rounded corners" were not a utility patent -- it was a design patent, and only one element of it. Those are completely different things. Obviousness has nothing to do with design patents. Design patents are not solely based on a single trait, but a number of traits that are not essential to the function of a thing which, taken together, represent a particular design.

      Obviousness is one of the reasons you reject a utility patent, as utility patents are about functionality. Design patents are NOT -- they cover only those parts of the design that are not functional, and only when taken as a whole with all the particular elements (not just rounded corners, but certain ratios, with certain colors, placement of logo, number of buttons, packaging, and so on and so forth) and are meant to protect knock-offs that confuse consumers (as opposed to utility patents which are meant to give temporary monopolies in return for releasing technology to the public).

      That said, patents get rejected for obviousness all the time. They just don't make slashdot. This one is so obvious anyone who has ever taken Econ 101 should have considered it obvious so it takes very little in the way of domain knowledge to figure out its obvious -- some other obvious things are maybe obvious to us techies but harder for patent examiners to figure out, especially in the murky world of business method patents (which are all crazy).

    4. Re:Uhhuh by dryeo · · Score: 1

      Perhaps the patent examiners have actually used a taxi and are familiar with them?

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    5. Re:Uhhuh by easyTree · · Score: 1

      A taxi without rounded edges?

    6. Re:Uhhuh by Theaetetus · · Score: 1

      Ten applications were initially rejected by the U.S. Patent and Trademark Office for “obviousness”

      It seems pretty suspiciuos that the USPO only now has started to do their jobs - just when UBER's patent-applications crossed their desks.

      Something like 95% of patent applications are initially rejected. People who claim the USPTO doesn't do their jobs conveniently ignore that fact.

  5. 'obviousness' by phantomfive · · Score: 1

    It wasn't allowed because it is too obvious?
    For a patent office that allowed 1-click-purchasing, and anything that looks like "X on the net," this is a real change.

    --
    "First they came for the slanderers and i said nothing."
  6. not original by Anonymous Coward · · Score: 0

    Presumably they have a specific implementation for predicting the appropriate price on an ongoing basis.

    A classic example, of course is "keep raising the price at some rate until you have product left over." This has some inefficiencies (i.e. lost profit - but also unnecessary delays to customers) which could be reduced if certain modeling of the present can be performed based on historical data.

  7. What a novel idea! by Anonymous Coward · · Score: 2, Insightful

    Balancing supply and demand by raising prices? Who'd have thunk it?

    Wait, wasn't there some guy named Adam Smith...

  8. Detect price gouging by Kohath · · Score: 1

    Uber should create an algorithm to automatically detect when people will start whining to politicians about "price gouging".

    Then they can send their extra drivers home -- drivers who would be happy to provide high-priced rides. And they can make riders wait for hours -- riders who would be happy to get a ride now, even if it meant paying a high price. Everyone will be poorly served, but no one will be "price gouging".

    1. Re:Detect price gouging by Anonymous Coward · · Score: 0

      There are two sides to that equation. The issue becomes it is a service for those with the most money and that will significantly disadvantage those that can't pay the hyper inflated rates. So rather than someone having to wait an hour for a ride they now have to wait 3 or 4 hours as they have to wait for the price to not be such a huge rip off anymore.

    2. Re:Detect price gouging by houstonbofh · · Score: 1

      In Sydney, it was not the ride out of town that was expensive. It was getting someone to come back into town to pick you up.

    3. Re:Detect price gouging by Kohath · · Score: 0

      Different people value their time vs. their money differently. The "price gouging" whine is essentially: my value choices are more important than your value choices because ... have sympathy for me.

      And the result is that more people wait a longer time and drivers get paid less. And people who would become drivers to make some easy money driving only at peak times -- in other words, when they are needed most -- don't bother.

      People are worse off overall, but sympathy is served.

    4. Re:Detect price gouging by Anonymous Coward · · Score: 0

      people are worse off overall under the uber model, it isn't about valuing money more or less, there surge pricing can get to insane levels, e.g. in Sydney it was more than $100 just to drive out of the CBD. the amount of people that can't afford that is very high, meaning only those with money get the available transport.

    5. Re:Detect price gouging by Kohath · · Score: 1

      That should lure every driver, including drivers who are tired, or distant, or taking a day off, out onto the roads to serve the people who need rides. When people need a ride, that's when you want drivers to have a big incentive to provide them.

      If it's too expensive for you, either wait or find another way. Then someone else who needs it more or values it more can get a ride. Why should you get a ride ahead of someone who values a ride more than you?

    6. Re:Detect price gouging by Anonymous Coward · · Score: 0

      Why should you get a ride simply because you are rich? and I say that as someone who would have no trouble paying whatever insane rates they charge. surge pricing/price gouging has been banned in a lot of countries for precisely this reason, it is detrimental to the transport industry as drivers gravitate to the most profitable times and under service the less profitable times and it leaves a whole bunch of people with no transport options.

    7. Re:Detect price gouging by Kohath · · Score: 1

      Why should you get a first-class airline seat just because you are rich? Because you're willing to pay the amount it costs. Do you also want to ban eBay auctions? Why should people be able to buy what they want on eBay just because they are the high bidder?

      Please cite an instance when this was banned somewhere and it caused good things. Until you do, I will assert that such a ban has never achieved a single positive result anywhere.

    8. Re:Detect price gouging by demonlapin · · Score: 1

      I agree with you, but you're arguing with an AC who has a mindset that works very, very well in the sort of tribal environment in which our species evolved. Arguing with evolution may be satisfying, but it's rarely rewarding.

    9. Re:Detect price gouging by Kohath · · Score: 1

      Arguing is rarely rewarding period. But these discussions hone my and others' understanding of the world. Understanding of the world can be rewarding.

      I'm always hoping thought can win out over feelings -- especially negative feelings like envy.

    10. Re:Detect price gouging by Anonymous Coward · · Score: 0

      Why should you get a first-class airline seat just because you are rich? Because you're willing to pay the amount it costs. Do you also want to ban eBay auctions? Why should people be able to buy what they want on eBay just because they are the high bidder?

      Please cite an instance when this was banned somewhere and it caused good things. Until you do, I will assert that such a ban has never achieved a single positive result anywhere.

      taxis, trains and buses in most cities are considered a critical public transport option hence why they need to be treated differently. It isn't about servicing the poor but to ensure a shit load of bad behaviour doesn't become rampant like drink driving and hitch hiking as once you price out the bottom of the market you have removed the viable legal options of those people getting home.

    11. Re:Detect price gouging by Kohath · · Score: 0

      I think it's sad that people in your area are so poor they can't afford basic transportation, but also so economically secure that no one is willing to become an Uber driver and give people rides during non-peak hours at regular rates. And it's doubly sad that the combination of poverty and economic security you are describing is completely immune to changes in the price of car rides. That place must truly be cursed.

    12. Re:Detect price gouging by Shompol · · Score: 1

      Why should you get a ride simply because you are rich?

      Why should you get X because you have money to pay for X? Because supply of X is limited, while number of your friends who want X is linfinite, and that is why we invented money! If you don't like that, you can go to Soviet Russia, where all prices are fixed and everything is rationed. Only Communist Party members can "get a ride". Not because they are rich but because they have a moral high ground over you. Oh wait, you cannot go to Soviet Russia because it failed? I do believe Cuba and North Korea are still intact. And you you happen to be posting this from either, congrats on having access to internet!

    13. Re:Detect price gouging by Shompol · · Score: 1

      Seriously, taxis is a public transport? Why not stretch limos? Private yachts? Please get back to us when you have a private yacht serving every citizen of your imaginary country.

    14. Re:Detect price gouging by dryeo · · Score: 2

      We should do this for everything. Buying food and standing in the line at the cashier, start an auction about who should be first, if someone is willing to pay $20 for a loaf of bread shouldn't they be first? Driving down the road and want to get somewhere fast, pay extra and be able to cut off other drivers. Bad accident, rather then triaging based on seriousness of injury, treat whoever can whip out the most cash or platinum credit card. If someone can't stay conscious then obviously they didn't want to be treated that bad.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    15. Re:Detect price gouging by kwbauer · · Score: 2

      Why should you get to demand that someone gives you a service for less than they think the service is worth simply because you are poor?

    16. Re:Detect price gouging by kwbauer · · Score: 1

      trains and buses maybe as they are considered public transportation and are paid for almost entirely out of taxes not rider fees. taxis are private enterprises (aka evil corporations) and are funded almost exclusively by rider fees.

    17. Re:Detect price gouging by kwbauer · · Score: 1

      And if the grocers thought that was a more efficient way of making money, then they would be doing that. Instead, they realize that loaves of bread are not exactly in short supply within the US and are available at many outlets so the current system is more efficient for bread.

    18. Re:Detect price gouging by Coren22 · · Score: 1

      there surge pricing can get to insane levels

      Where is there?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    19. Re:Detect price gouging by david_thornley · · Score: 1

      Isn't this more of a reason to make sure everybody gets enough money to afford a Uber ride than to ban surge pricing? Since surge pricing gets more Uber cars on the road, it gets people to their destinations faster on the average.

      Most people who can afford Uber in the first place can manage surge pricing if they really need to, and with surge pricing they'll get a ride faster that way. Obviously, some people have to watch their dollars closely, but they aren't going to be using Uber much anyway.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    20. Re:Detect price gouging by david_thornley · · Score: 1

      I can pay for the right to use HOV lanes on at least one freeway around here, so I can go in a faster lane than people who don't (and who don't carpool).

      Grocery stores don't conduct auctions because their customers would hate it, and would go to other grocery stores.

      If you get into an accident, you will get emergency care triaged by seriousness of injury. Any care after that, in the US, depends on ability to pay.

      People tend to hate surge pricing, but it is economically efficient.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  9. Its own prior art? by gnasher719 · · Score: 2

    So when did they use "surge pricing" for the first time in public? Before or after the patent was filed? Performing it in public would be equivalent to a publication and stops it from being patentable.

  10. Patenting Supply & Demand? by BoRegardless · · Score: 4, Insightful

    Adam Smith disclosed that centuries ago.

    1. Re:Patenting Supply & Demand? by Anonymous Coward · · Score: 0

      Adam Smith disclosed that centuries ago.

      He may have disclosed it, but he didn't discover it.

      Uber did.

      And they'll have to change the laws in any country so anyone who doesn't believe that does from now on. Because obviously the laws that govern people's thinking are wrong. Uber, on the other hand, knows what's right for you to think, as always.

  11. Re:Sorry, price gouging was patented by oil indust by houstonbofh · · Score: 1

    But this is all different because it is "On The InterNet!"

  12. *sigh* If I could only patent stupidity... by Anonymous Coward · · Score: 0

    But there's so much prior art.

  13. It's Supply and Demand Stupid by Anonymous Coward · · Score: 0

    It's called "supply and demand" and is the study of any first year economics student.

    Supply goes down, or demand goes up, and prices will go up.

    Perhaps they should try patenting a test for "how fucking stupid investors and executives are," where they can ask one question:

    "Can you patent surge pricing?"

    1. Re:It's Supply and Demand Stupid by Anonymous Coward · · Score: 0

      Supply goes down, or demand goes up, and prices will go up.

      And when an Uber driver wants to charge an excessive amount for a ride, some
      potential customers may just say : "The price is too high and I'm not paying it".

      That's called "price elasticity of demand".

    2. Re: It's Supply and Demand Stupid by Anonymous Coward · · Score: 0

      Still not patentable.

  14. Supply / Demand curve by roman_mir · · Score: 2

    So did Uber just rediscover supply / demand curve and the fact that increased demand with stagnant supply pushes prices up?

    I mean that's like the FIRST law of supply and demand, if demand increases and supply stays the same clearing prices go up.

    Well, let's see if the patent office knows anything at all about basic economics or if this will be accepted as an 'innovation because of ... computer or mobile phone'.

    1. Re:Supply / Demand curve by angel'o'sphere · · Score: 1, Troll

      Yes, and we all know that law does not exist, it is a simplification to explain 4 year olds how markets work.

      In reality a bakery bakes 1000 biscuits. There is a price sign which says 80cents. It does not matter if they are sold out at 4PM or at 6PM. It does not matter if there are only 100 left at 3PM, the baker won't increase the price. He still sells them for 80cents.

      The next day again: he won't increase the price to 85cent because all his customers coming and expecting the 80cents price would be shocked.

      What he is doing is very simple: he will bake more biscuits and sell _more_ for the same price. Perhaps he will even buy a new baking machine and get more efficient will _lower_ the price.

      If you ever had looked at Mors Law and electronics you had noticed demand increase over last decades tremendous. So did the prices sink.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    2. Re:Supply / Demand curve by roman_mir · · Score: 0

      Ha ha, the law exists and you fail to understand it. To make your example appropriate for the situation you have to set a condition that the bakery only has a limited supply of ingredients and/or energy and/or time to bake the cookies, so does Uber, they have a limited supply of drivers at any moment in time.

      So a bakery cannot just rump up the supply on a moment notice if, for example, ten buses with tourists stopped by the bakery and all of them wanted some biscuits. However the baker can raise the prices if he sees an increased demand, thus making sure to reduce the secondary market for his product, which would be created (an opportunity for arbitrage) if a few tourists discovered the bakery first and decided to buy all the product in it, because they could then insert themselves between the baker and the rest of the tourists, making a nice profit for themselves.

      The baker could raise the prices, but he would have to react quickly to the changing market demands.

      What Uber is doing is they are looking at all of the information at once and deciding that the market conditions are such that raising prices will in fact allow them to make more money by finding the new equilibrium price for their service. If there is much more demand than there is supply, raising prices is a very legitimate (and used) method of ensuring efficiency, which otherwise would be much lower.

    3. Re:Supply / Demand curve by Anonymous Coward · · Score: 0

      This seems like a lot of effort for a troll.

    4. Re:Supply / Demand curve by kwbauer · · Score: 1

      demand increased but supply did as well. that is the other part... as supply increases, price falls.

    5. Re:Supply / Demand curve by Anonymous Coward · · Score: 0

      Immediate increases in demand drive up prices, but in the long term, if possible, supply will increase to meet demand.

    6. Re:Supply / Demand curve by drinkypoo · · Score: 1

      In reality a bakery bakes 1000 biscuits. There is a price sign which says 80cents. It does not matter if they are sold out at 4PM or at 6PM. It does not matter if there are only 100 left at 3PM, the baker won't increase the price. He still sells them for 80cents.

      But your example is bollocks, because Costeaux's bakery has raised the price on their walnut-cinnamon bread because they were selling it out too early. Raising the price has two results. One, customers buy less of it at once, so they are more likely to have stock in when someone comes in, which makes it more likely that this particular customer will come in again. Two, they make more per unit, so they make more. Not rocket surgery.

      In other words, bakers will increase cost to make demand, so you're just wrong.

      Food is a place where you are particularly wrong because you cannot maintain quality while increasing quantity. It takes a certain amount of time and effort to produce quality product, not everyone can work together, et cetera. Also, you cannot simply add more ovens to your bakery unless it actually has room for them, and most don't because space has overhead which you pay for whether you're making full use of it or not. Thus, commercial spaces tend to be as small as possible for a given job. Adding more ovens to a bakery may well be impossible.

      The world is a lumpy place.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:Supply / Demand curve by Anonymous Coward · · Score: 0

      rocket surgery

      That sounds like an exciting field! I would like to subscribe to your newsletter.

    8. Re:Supply / Demand curve by angel'o'sphere · · Score: 1

      A baker can not change the prices over day.

      What he has put into he window in the morning is in most countries of the world binding till the evening.

      So my example makes perfect sense and your does not.

      Now lets talk about a gas station, which can change prices arbitrarily (more or less) ... then you had a point.

      Nevertheless: that is not the market in both examples we have a single bakery and a single gas station.

      Uber on the other hand tries to change prices for the whole market it has access to: that is unfair towards the customers.

      If there is much more demand than there is supply, raising prices is a very legitimate (and used) method of ensuring efficiency, which otherwise would be much lower. Higher prices don't increase efficiency. They only rip either the customer off or make the supplier rich or both (or somewhere a middle man).
      Lower prices indicate more efficiency ... that is a no brainer.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    9. Re:Supply / Demand curve by angel'o'sphere · · Score: 1

      Perhaps you should once go into a real bakery in france, germany or italy.

      Your explanations only make sense for Mc Donalds style fast food.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    10. Re:Supply / Demand curve by roman_mir · · Score: 1

      First of all baker can absolutely change prices at any moment in time. If currency fluctuates during the day, if any kind of an unusual event happens that lowers supply or hikes demand any store will change prices quickly. As a matter of fact I build and sell software and services for retail, shipping, handling, logistics that lets chain operators change prices on groups of products, on individual products, on all products by a fixed amount or by percentages and the centralized control allows immediate change across the entire chain to take effect in 15 minutes, which is used all the time. I didn't sell to a bakery yet, but it is the same idea. Not only an individual baker but a chain can implement price changes during the day any number of times they want.

      When currency fluctuates, for example, it presents a real opportunity for arbitrage and can kill profitability of a store or a chain in a blink of an eye. Currency fluctuation corresponds to demand very easily. Case in point: Russia last week.

      Stores were changing prices many times in one day. 10 and even more times a day in some cases! And what happened to those who were not paying attention? They paid with their wallets. Falling currency created huge extra demand, people were spending all of their money, buying anything they could get their hands on before currency fell further in price.

      So you have 0 understanding not only of theory but actually of the reality that happens even as we speak.

    11. Re:Supply / Demand curve by roman_mir · · Score: 1

      Perhaps you should go to a bakery in Russia over the last months, every day prices change more than once specifically because of increase of demand with the same supply. This increase of demand is caused by the falling currency value, but the result is the same.

    12. Re:Supply / Demand curve by angel'o'sphere · · Score: 1

      Russia has not a working market nor a working society or government ...
      So ofc the prices change 'randomly' or simply follow the 'hyper inflation', that has nothing to do with the fact that markets usually are not ss simple as some 'american' 3rd grade school book proclaims.
      (You already pointed out the influence of currency and inflation)

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    13. Re:Supply / Demand curve by roman_mir · · Score: 1

      First of all there is no 'hyper inflation' in Russia. Hyper inflation is not just 50% or 100% inflation, hyperinflation is thousands percent and more. This is just kids play, compared to hyperinflation.

      Secondly there are markets in Russia, people buy and sell products and commodities and labour and while there are regulations, actually they are much lower than regulations in countries like the USA. So store owners who paid their money for their stock respond to the market conditions by raising prices, that's market dictated behaviour and not government regulated behaviour (though this behaviour is a response to a government created problem).

      The point is your example with a bakery is absolutely false, a bakery will change prices if the market forces dictate it so.

    14. Re:Supply / Demand curve by angel'o'sphere · · Score: 1

      No my example is not false.
      As it is exactly how it works in west europe.

      That it is different in your country makes my statement not false.

      The only way a bakery can change prices here over the course of the day is to give a discount (in the evening e.g) to sell stuff that is otherwise thrown away.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    15. Re:Supply / Demand curve by roman_mir · · Score: 1

      Your example is false because it does not address real situations that a bakery can face that are caused by changing market conditions, you are looking at stable market environment and deduce that because bakeries in stable market environments can operate without changing prices that it means that those very bakeries would not change prices quickly if market environments changed quickly.

    16. Re:Supply / Demand curve by angel'o'sphere · · Score: 1

      I did not deduce anything.
      I simply said the idea that 'supply & demand is all that defines prices' is wrong and an oversimplification.
      There are plenty of examples if simply look at markets. E.g. oil would/could be at half its price with current overproduction ... but the price is not dropping, why?

      In fact supply and demand usually follow each other and the price is as high as you can get a customer to pay. Perhaps check what a 'expensive' perfume costs in New York versus Paris. And then tell me why the same flask shipped over the atlantic is cheaper in New York. There is no 'logical' reason, except that americans simply refuse to pay more. Now guess where the demand is higher! Wow, in New York. So how can the same item be cheaper there?

      With 2 hours of googeling I can bring you 100ds of examples.

      E.g. prices of shares at the stock market ...

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    17. Re:Supply / Demand curve by roman_mir · · Score: 1

      You are talking about super regulated markets, markets where governments are heavily involved and declaring that the way they are regulated and corrupted by the governments is something that would prevent a bakery from changing prices on the fly should their market conditions change, for example a giant influx of consumers wouldn't change the market conditions for bakery enough to change prices. I showed that as market conditions change the producers quickly modify their behaviour. I don't know what you are even trying to say, however comparing stable and predictable market conditions to changing market conditions and declaring that changing market conditions do not cause producers to changing prices is too silly.

  15. Surge pricing london style by Anonymous Coward · · Score: 5, Informative

    I used to use uber in London a lot even with surge pricing it was cheaper than a london taxi, and I could also get one. After a few months it became clear that some thing strange was happening with the surge pricing.

    After working late one night I requested a cab, it looked like it was going to be there in about 10 minutes. It was really late and there wasnt much traffic, but car stayed at about 10 minute away for some time. I could see where it was so I started walking a way that would put me in front of it. There were some closed roads and I could move around quicker than a car through the inner city.

    Eventually I am in the same street as the car, which is weird, because there is no traffic and no cars on the road, plenty parked though. My phone goes ding and the driver has canceled. I walk up to where the car was meant to be and find the car, parked on the side of the road. Swearing I pull out my phone and use uber, again surge pricing f#!k it I want to go home. I book, the car behind my driver pulls out and immediately picks me up.

    The street I was in was quite near my work and its once I was familiar with, at 3am in the morning it wasn't normally full but this night it was. I wonder how long it took them to game the system?

    1. Re:Surge pricing london style by Shompol · · Score: 1

      They were unwilling to pick you up until surge pricing kicked in. Don't see nothing wrong with that. Waiting for 10 minutes for an Uber car that is 2 minutes away is unfortunately normal too. Until they have taken away ability to track driver you can cancel as soon as you see driver doing something funny. I recently got a warning from Uber that for cancelling after 5 mins I will get charged, despite driver going in circles around my location. Cancel before 5 mins is up :)

    2. Re:Surge pricing london style by gnasher719 · · Score: 3, Insightful

      Obviously I see a lot wrong with this. It pisses me off. It absolutely pisses me off. That's how you destroy a service. Just make people hate you.

    3. Re:Surge pricing london style by Anonymous Coward · · Score: 0

      I am the OP, but yes what pissed me off is them pretending to be coming, whilst I could have taken other transport whilst I waited. Once they accept they should fulfil the deal. Colluding to set the price is wrong.

  16. Econ 101? by Anonymous Coward · · Score: 1

    Are they trying to patent the first thing you learn in Econ 101?

    1. Re:Econ 101? by Virtucon · · Score: 2

      Yeah, I think the Patent Lawyers win again, at least whoever wrote up the patent application and submitted it for them. Rule #2 of Econ 101, Lawyers always get paid.

      --
      Harrison's Postulate - "For every action there is an equal and opposite criticism"
  17. The difference between Ubur and all the others... by scottbomb · · Score: 1

    By "others" I mean price-gougers like motels, airlines, etc. is that in these industries, EVERYBODY does it and they've been doing it for years so they get away with it. People expect airfare and lodging to cost more during holidays and special events. But Uber is a taxi company and taxi companies don't do this. It's simply not necessary. They have survived for decades charging whatever rate is posted on their door, which seldom changes due to inflation.

    But go ahead, Uber. Do what you want. Once people realize they're paying more than conventional cabs, they'll be gone.

  18. Re:The difference between Ubur and all the others. by Kohath · · Score: 1

    Once people realize they're paying more than conventional cabs, they'll be gone.

    If so, it's a self-correcting problem. If not, customers must be satisfied with Uber's service and pricing. Either way, there's no reason for anyone besides Uber and Uber's customers to be involved in the decision.

  19. kudos. Few Uber fanbois by raymorris · · Score: 2

    I very much expected that the vast majority of Slashdot commenters would take Uber's side, just because their marketing shtick is anti-establishment making them the darlings of the Slashdot crowd. I'm glad to see, and slightly impressed, to see that the Uber fans here are apparently capable of seeing when the Uber execs are being dicks.

    At least ten patents so obvious they got kicked by USPTO already? If Uber is turning into a patent trolling company there might be some seriously conflicted people here on Slashdot.

  20. Advantage by jklovanc · · Score: 1

    This is another example of how Uber has advantages over taxis. Most, if not all, taxi fares are highly regulated. A taxi company can not "adjust", read hike, fares in response to demand. If they could do it fares would be much higher on the weekends than on the week days.

  21. Original implementations for obvious things are ok by billstewart · · Score: 2

    If you believe in a patent system at all (which is a separate argument), an original implementation for a relatively obvious concept can still be patentable. Most patents I've seen start out by claiming something fairly obvious (a wheel) and have several progressively less obvious claims before getting to the core invention (a specific axle mounting design, etc.) and then maybe some variations. Most articles about patent abuse focus on the more obvious claims being obvious; that's separate from whether the more abusive actual cases are somebody getting a patent for the less obvious parts and then suing people for violating the much more obvious claims.

    Since Uber's lost about 10 previous attempts, they may very well be trying to patent something obvious (charging more when it's busy), or may be trying to patent more specific things about their implementation (but maybe still obvious to the patent examiners, who've actually taken taxis before, even if they haven't written compilers or optimized databases.)

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  22. Unorthodox legal tactics by Trachman · · Score: 1

    Clearly Uber will be sued once in a while for price gouging, tactics as old as world.

    Rather than treating it as a future potential liability they want to send a message now to the future uberzealous seekers of the fairness: look, the price gouging is our patent protected right, secured by the laws.

    Making a lemonade from lemons at its finest.

    1. Re:Unorthodox legal tactics by Dragonslicer · · Score: 1

      Rather than treating it as a future potential liability they want to send a message now to the future uberzealous seekers of the fairness: look, the price gouging is our patent protected right, secured by the laws.

      A patent doesn't actually grant you the (exclusive) right to do something. Instead, it allows you to prevent anyone else from doing what you've patented. If you patent something that involves an illegal action, you can still be sued/arrested for it.

  23. can we please stop allowing patents on ideas? by Anonymous Coward · · Score: 0

    thanks.

  24. WOW by Anonymous Coward · · Score: 1

    So far, Uber hasn’t had any luck. Ten applications were initially rejected by the U.S. Patent and Trademark Office for “obviousness” or for covering something not eligible for protection.

    WOW, I didn't think it was possible for the modern patent office to turn down a patent request. Though I doubt any will be actually used against competitors. Uber seems to get kicked out of whatever area they start operating, I doubt they will be in business much longer. And I agree with the many others who have already pointed out that basic economics shouldn't be patentable.

  25. Govt already doing this. HOT lanes in ATL example by Anonymous Coward · · Score: 0

    Cost might be $0.02 per mile during during off-peak, so about $0.37 for the main I-85 corridor. Same ride might cost $8.50 during rush hour with accidents clogging normal lanes. Lane pricing is dynamic and changes within minutes as traffic conditions change.

  26. Didn't Coca Cola Try This? by robbiedo · · Score: 1

    I recall Coca Cola tried this on some vending machines based on the weather.

  27. Plot-twist: new app and service called "Surge" by Anonymous Coward · · Score: 0

    ... provides same functionality and similar concept as Uber to add to the competition amidst the taxicab monopoly cartel. :D

  28. Seriously? by rnturn · · Score: 2

    Some people might call what they're trying to patent price gouging.

    --
    CUR ALLOC 20195.....5804M
    1. Re:Seriously? by radarskiy · · Score: 1

      Some people might call what they're trying to patent price gouging.

      Those would be the people who don't know what "price gouging" means.

  29. And I'm so tired of this by pem · · Score: 2

    The "rounded corners" were not a utility patent -- it was a design patent, and only one element of it.

    Yes, it was included in a design patent, but it shouldn't have been -- at least not in a way that allowed Apple to beat up Samsung over rounded corners. Rounded corners on a device you slip in your pocket are purely functional.

    1. Re:And I'm so tired of this by kwbauer · · Score: 1

      And using them on parts produced by any form of casting has been known (therefore obvious) since shortly after people learned the art of casting. My 7th grade shop teacher taught me that back in the late 1970s.

    2. Re:And I'm so tired of this by gnasher719 · · Score: 2

      Yes, it was included in a design patent, but it shouldn't have been -- at least not in a way that allowed Apple to beat up Samsung over rounded corners. Rounded corners on a device you slip in your pocket are purely functional.

      Apple beat Samsung up about their phone that looked identical to the iPhone 3GS. Later Samsung phones had different rounded corners and looked altogether different, and guess what, Samsung has a design patent for its phones.

      Your assertion that rounded corners are purely functional is self serving and only caused by your prejudices.

    3. Re:And I'm so tired of this by Ixokai · · Score: 1

      Again: That's one element of many. The design patent is not infringed on by having one element similar/the same.

    4. Re:And I'm so tired of this by Theaetetus · · Score: 1

      The "rounded corners" were not a utility patent -- it was a design patent, and only one element of it.

      Yes, it was included in a design patent, but it shouldn't have been -- at least not in a way that allowed Apple to beat up Samsung over rounded corners. Rounded corners on a device you slip in your pocket are purely functional.

      But the specific radius of curvature is not functional, since you can have many different design choices there while still having non-sharp corners.

    5. Re:And I'm so tired of this by Hognoxious · · Score: 1

      Make a phone without rounded corners and it'll be seconds before the lawsuits for personal injury and damaged clothes start rolling in.

      Not cutting things when you don't want to cut them is about as functional as it gets.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    6. Re:And I'm so tired of this by pem · · Score: 1

      Your assertion that rounded corners are purely functional is self serving and only caused by your prejudices.

      How is it self-serving? Samsung isn't paying me anything.

    7. Re:And I'm so tired of this by pem · · Score: 1
      The radius is absolutely functional.

      Too small and the phone will be more snaggy.

      Too big, and the available rectangular screen real estate shrinks.

      Sure, there is an acceptable window, and this isn't rocket science, but it isn't pure art, either.

  30. free market by kwbauer · · Score: 1

    So the good guys are now trying to patent free market economics? This is awesome.

  31. Re:Original implementations for obvious things are by Gr8Apes · · Score: 2

    They're trying to patent something called yield management. I do believe a wikipedia article about an age old process invalidates any legalese patent language you try to wrap around the idea.

    --
    The cesspool just got a check and balance.
  32. not original by Anonymous Coward · · Score: 0

    Businesses don't because they calculate profit by selling something a % over the cost, they can't react fast enough. Manufacturers will always change based on supply and demand, they would have to. If they use silver, and supply of silver is down, the price has to go up.

    To say businesses don't follow the law of supply and demand is like saying some people stop following the law of gravity.

    Airports charge more during big travel days, hotels charge more during sporting events, whenever demand goes up, price goes up.

  33. Patent Capitalism by Martin+S. · · Score: 1

    Economists call this supply and demand, perhaps I should patent capitalism and become one of the idle rich.

  34. There should be some level beyond plain rejection. by Anonymous Coward · · Score: 0

    Something like "publically smacking the applicant in the face" or thereabouts.

    I'd sure apply for a job with the PTO then.

  35. Still think Uber is kewl? by Anonymous Coward · · Score: 2, Interesting

    Really Uber is pretty much the definition of what a 21st century robber baron looks like. Attempting to set loose the rawest most destructive and most craven form of labor-competition on the people least able to defend themselves in a race-to-the-bottom style of economics which in the end benefits only the principals of Uber.

    Giving the finger to the processes and results of democratic law-making that define civilization, as opposed to rule by the powerful or rule by fiat. The laws regarding taxis and transit are not some form of special interest gerrymander lawmaking which benefits some mythical taxi behemouth mega-corporation. They are the hard-won rules of the game which protect people who are constrained to drive others to make their living. They protect the drivers and the customers.

    It's amazing to me any nation has tolerated the sheer criminality and public endangerment that Uber's "business method" represents to their people.

    And now we're all treated to the spectacle of Uber dragging its overheated crotch along the carpet, mewling for "protection from competition" to those same exact government's whose laws they take a sneering "squat-and-shit on you" attitude.

    And worse, crying for absolutely the worst, most anti-competitive, most anti--progress, anti-free market type, anti-innovation form of market protection- business method and software patenting.

    Uber is *about* nothing more than the sociopathy and greed of its founders and investors. Nothing more. Nothing.

  36. This kind of patenting is common by Anonymous Coward · · Score: 0

    While this patent application is obviously obvious, plenty of other obvious practices get patented. Apple and Samsung have famously been locked in constant litigation over plenty of things that neither company actually invented including such "obvious" ideas as using a single finger on a touch screen to scroll the page. Amazon appears to own a patent on photography with white backgrounds and a hearing aid company called Hear-Wear has a patent for electrical plugs. There's no shortage of good examples of this. The basic problem is that patents are filed with obstruse technical language to obscure the obviousness of the "invention". Furthermore, some courts require that documentation be provided to establish the obviousness of the invention. In other words, obvious isn't obviously obvious, but you must point to some written proof.

  37. Obvious by Anonymous Coward · · Score: 0

    It doesn't surprise me that some company tries to patent the obvious.
    It *does* surprise me that the patent office rejects such an application.

  38. Short-Sighted? by renderhead · · Score: 1

    Even if this were patentable, it strikes me as a bad idea to be the company that patents it.
    Surge Pricing is already one of the most hated features of Uber. Even if that hatred is unfair, there is definitely going to be more pushback as Uber's business grows. When local governments and consumer groups inevitably start trying to sue them for "gouging," wouldn't it be better to have "common industry practice" as a defense, rather than being the only company that is doing it?

    --
    I wish that my inferiority complex were as good as yours.

    -RenderHead

  39. Cool, a patent on price gouging by Anonymous Coward · · Score: 0

    The patent office should be ok with that.

  40. prior art exists (tm) by swschrad · · Score: 2

    it's called gouging....

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
    1. Re:prior art exists (tm) by rochrist · · Score: 1

      Fuck Uber.

  41. read more carefully by Chirs · · Score: 1

    *That particular" machine would charge less because they wanted to promote that beverage.

    However, Coke was also looking at machines that would charge more when it was hot out. See http://www.nytimes.com/1999/10... for one example.

  42. Uber = internet trolls by Mister+Null · · Score: 1

    If anyone else tried to patent this they would be called an internet troll hence my calling Uber internet trolls.

  43. Joke by Anonymous Coward · · Score: 1

    Uber is a joke. Make the drivers pay for a medallion like taxi drivers, and watch the company evaporate into thin air.

  44. Re:Rape comes in many forms : sexual, economic, et by david_thornley · · Score: 1

    If somebody sticks a penis into you without your consent, it's rape. When somebody removes money from your wallet without consent, that's robbery. The key words here are "consent".

    Nobody is making you buy a ride from Uber, and nobody's going to guarantee to provide a service with a significant marginal cost at whatever money you think is appropriate.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  45. Did someone at Uber take an Economics course by fuzzy2k · · Score: 1

    and think that the market forces lecture was something new and exciting?

    "Holy Crap, wait til they hear about this at the office! Maybe we can patent this, call it Invisible Hand (tm) or something."

    --
    --- Say something clever. Pretend it was me. Thanks.