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More Stupid Patent Tricks

CyberLeader writes "Apparently CDNow has patented the ability to create a custom CD over the Web." Insert appropriate sarcastic comment here. And I've actually patented respiration, so if everyone could send me a small royalty fee whenever they breathe, that'd be great.

168 comments

  1. So What? by suitcase · · Score: 0

    Makin' a buck, nothing wrong with that.

    1. Re:So What? by Kukester · · Score: 1

      Just about everything.

    2. Re:So What? by Petrol · · Score: 1

      It's not the "makin' a buck" anyone really has a problem with (if I may speak for everyone ;) ),
      It's the frivolous patenting of the obvious.

      What CDNow has chosen to do is akin to me patenting the ability to collate paperwork through the mail... hey... have I just struck gold or what?!

      --
      ...and that's the end of our show. Donk!
    3. Re:So What? by Anonymous Coward · · Score: 0

      Guess I'll just go to a bank machine tonight, wait for someone to take out some money, hit them on the head and take it. Just making a buck, nothing wrong with that, right?

    4. Re:So What? by cheese63 · · Score: 1

      right.

    5. Re:So What? by Listerine · · Score: 1

      Do you comprehend what has been patented? They are not making a buck, they are preventing any amount of competition from suddenly springing up by patenting their process, despite the fact that the process involved is not some engineering feat, but more akin to drawing water from a well. This is not "making a buck" the traditional way, this is preventing competition from existing. If any competitor were to spring up, they would be forced to find some way to customize CDs over the web other that CUSTOMIZING CDs OVER THE WEB! Do you see the problem here? This is blatant abuse of the patent technique, and not only is it bad practice, it goes beyond supporting other companies to file frivoulous patents, and actually forces them to, to save their own "custom" processes.

      Grrrrrrrrr.

    6. Re:So What? by slickwillie · · Score: 1

      I admit I haven't read the patent (I have real work to do). But what could they possibly patent that is new? You go to their site and select some songs (not exactly groundbreaking), they burn a CD (still nothing new), and they ship it to you (still waiting). Maybe you only have to click once to ... no that's already been patented.

    7. Re:So What? by Anonymous Coward · · Score: 0

      Acutally this patent (5,930,768) is not "the obvious". Read the patent at http://patents.uspto.gov/ you'll see.

    8. Re:So What? by Anonymous Coward · · Score: 0

      The patented process is actually is having the user burn the CD themselves. The customer actually "controls" the server sort of. Instead of some Joe Shomoe at CDNOW getting a list of what to burn, the user queries up a CD and the server burns the CD up automatically. Anyother way of selling a custom CD is not patented in THIS patent . . .

    9. Re:So What? by Anonymous Coward · · Score: 0

      Right :)
      Free money is good money!!

  2. SOMEONE KILL ME NOW! by cruise · · Score: 2

    OK OK OK, Thats it I give up.

    I'm going to patent "A method of patenting something completely obvious in an attempt to gain a monopoly on a nich Internet market"

    Yeah, thats the ticket!

  3. Patents on slashdot by casret · · Score: 5

    Does anyone else think that it would be better either to make a patent section on Slashdot, or start a seperate protest website for this stuff?

    It seems like the same stuff gets rehashed on a daily basis with this patent stuff, along with 'i've patented pooping, everyone has to let me watch them poop' posts.

    1. Re:Patents on slashdot by Brian+Knotts · · Score: 2
      Does anyone else think that it would be better either to make a patent section on Slashdot, or start a seperate protest website for this stuff?

      I don't. I want to hear about this stuff. I want others to hear about it, too. I want something done about these ridiculous patents.

      The problem isn't that articles about stupid patents are being posted on Slashdot; the problem is that the patents are being granted.

      Something needs to be done to stop these patents, and fast!

      --
      Interested in XFMail? New XFMail home page

    2. Re:Patents on slashdot by SimJockey · · Score: 5

      I second that motion. (The patent section bit, not the poop bit.) Patents, copyrights, IP, whatever is a nice cohesive subject a la YRO. And the discussion is getting repetitive.

      A decent IP lawyer could make a cottage industry of all the prior art pointed out on /., although I have no idea how much money could be made from this. Just thinking out loud here, what about a distributed legal support model. There are obviously some very knowledgeable individuals commenting on what is wrong with many of the internet related patents presented on /., I wonder if that knowledge could be organized into putting together the documentation necessary for challenging these patents. Taking care of much of the leg work out of an altruistic sense of community might make it possible to fight these fairly cost effectively.

      Everyone says something should be done about this, anyone want to take the first step?

      --
      Laugh while you can, monkey boy!
    3. Re:Patents on slashdot by taniwha · · Score: 1
      interestingly enough if Slashdot included an option where you got to specify the order you want to see articles come back to you it's conceivable that yes this patent could be applied to /. :-)

    4. Re:Patents on slashdot by Signal+11 · · Score: 0

      I've already suggested it, several times!!!!

      --

    5. Re:Patents on slashdot by youngsd · · Score: 1

      One might argue (heck, I guess I am) that the problem isn't that these patents are being granted. The problem is that patents are being granted.

      Ask yourself which patents you would not be huffing and puffing about on /. If there are any, could it be that you don't mind those "legitimate" patents because they are far removed from your area of technology (so they are only causing different kinds of geeks to get worked up)?

      Really, folks, this is what patents are. These patents are troubling, I believe, because all patents should be troubling.

      -Steve

      --
      Democracy is a poor substitute for liberty.
    6. Re:Patents on slashdot by Brian+Knotts · · Score: 2
      Well, you may well have a point.

      In the past, it was my opinion that patents were generally a good thing, and encouraged innovation. I believed that software patents, for a number of reasons, were uniquely bad, because they differed in many ways from other types of patents.

      But the sheer idiocy behind some of the patents granted I've seen recently is slowly turning my opinion around. I am starting to believe that patents are just a bad idea, period. They do not protect the "little guy"; instead they are horded by large corporations. And, really, if an idea is truly good, you should be able to make money actually producing the product or service it covers. True, someone else could do the same, but if the idea truly is unique and non-obvious, you should still have a leg up for a while.

      It's just getting to the point, I'm afraid, where the negative effects of patents are beginning to outweigh the positives.

      If eliminating patents all together is too radical a solution, perhaps some reform of the patent system is in order; patent length could be shortened, competent patent examiners could be hired, a limit on the number of patents per individual/organization could be instituted, etc.

      --
      Interested in XFMail? New XFMail home page

    7. Re:Patents on slashdot by beis · · Score: 1
      What I think is funny is that I thought of this method of creating custom CDs already a couple of years ago - I should have patented it then!

      Another idea I had before someone actually implemented it was phonecalls over the internet. Then again, sometimes I've come up with something and discovered it's old news (bucket sort, for example). But I guess that happens to everyone. Maybe I now should patent a few other ideas I have...

      Sebastian

    8. Re:Patents on slashdot by Anonymous Coward · · Score: 0

      Perhaps there ought to be a priorart.org where
      people could post their great-but-obvious ideas.
      The patent office people clearly need help
      identifying the obvious. Hopefully priorart.org
      (as of now the name doesn't respond to ping)
      would become required reading before granting
      patents.

      (BTW, I thought of _exactly_ this CD burning
      service -- and discussed it with others -- the
      second time a big tar ball failed to download
      completely). Sheesh.

  4. Is it ok if I owe ya for a few breaths? by A+nonymous+Coward · · Score: 3

    Cuz it's hard to write out a check and mail it otherwise. I'd be much obliged.

    --

  5. Will it ever stop? by thrash_ · · Score: 1

    I really think it is time for our government to take a look at patent law. It is time that these obviously outdated laws be revised. I think this type of patent could be easily contested, as it is far to broad in scope. Any dolt with a little perl and db knowledge and a CD burner could create something like this. Doesn't really sound like all that much of an accomplishment. Argh. It hurts just to think about these stupid patents.

    1. Re:Will it ever stop? by DAVEO · · Score: 1

      the beastie boys, on their website, http://www.beastieboys.com/, are offering any 40 songs you choose on 2 cds. would this be a patent violation?

      --
      -DAVEO
  6. Monopoly by "dibs." by Lemmy+Caution · · Score: 2

    Apparently CDNow believes that it is impossible for them to make money by delivering goods and services without a legally-backed monopoly on their business model.

    The patent system is being used to call "dibs" on specific markets.

    Eventually, there will have to be a test case, I imagine. Is there any precedent cases for patents on business models?

  7. No way it will stand up in court... by tokengeekgrrl · · Score: 1
    You have got to be kidding me. There was a design-your-own CD web site, that I believe no longer exists, started by the company Oompala years ago and long before CDNOW ever started offering custom CDs.

    This ranks up there with the guy who tried to patent html forms.

    tokengeekgrrl

    The pedigree of honey
    Does not concern the bee;
    A clover, any time, to him
    Is aristocracy.

    1. Re:No way it will stand up in court... by TicTacTux · · Score: 1

      So next time you produce a wet fart, think of what I'm saying here and go patent it. Someone else might do the same [obvious] thing later...
      I hold a patent # 08-15 that describes driving forward as a new and practical way of moving human bodies and other organic and even non-organic tissue or matter.
      Don't even think of it - I also own the patent 1800F...ME2 describing a device that rotates on what it is standing on any given moment around an axis so that whatever it was standing on before can be re-used (free of charge) a later time, ie as soon as this you-know-what has completed a 360 degree turn around said axis. (phhh - how would a non-natively-english speaking person describe a wheel w/o employing that specific word?)
      Maybe, if you talk in enough riddles, you could fool a patent of nearly everything out of the patent office. Fortunately, U.S. patents are not necessarily valid in other countries. Go and patent 'their' stuff elsewhere...

      --
      Use The Source, Luke!
  8. How to win the Patent Game by webmaven · · Score: 1

    I think I am going to patent the process of applying the Internet to existing business models in order to create new patents.
    --

    --
    The real Webmaven is user ID 27463. I don't rate an imposter, because my ID is such a lame-ass high number.
  9. Slashdot(R) by Anonymous Coward · · Score: 0

    har har! Slashdot(R) is mine. Pay up, you thieves!

  10. newsworthy by Anonymous Coward · · Score: 0

    I dont consider this nwsworthy anymore. We get "they patented this and that" postings nearly daily now. How about if you all brighten up a bit and start posting again, when a company actually got sued about patenting something and the verdict is out? For now this is just getting boring.

  11. Let's say we have to play this game... by miracles · · Score: 1

    Ok, so did they patent a method to download a custom iso or is it you configure a cd and they send you a burn? If a competitor were to offer custom cds on the net, could they state that 'we are making the cds differently and thus are not infringing on your patent' or is it that regardless of the technology or technique used, no one other than CDnow can make custom cds over the web.

    1. Re:Let's say we have to play this game... by Stonehand · · Score: 2

      Read the thing and judge for yourself -- then, if you actually want to do anything resembling it and make money, consider getting a patent lawyer.

      But unless it's a fully automated system that can shunt requests to any appropriate site, and do everything from burn it to package it, it wouldn't seem likely.

      --
      Only the dead have seen the end of war.
  12. Does this apply everywhere? by alisdair+mcdiarmid · · Score: 2
    I've been working for Soma Records in Glasgow for a few months now implementing a custom CD Internet ordering system and we're due to go live in a month's time. We've also invested pretty heavily into this area.


    So does this patent apply in the UK too? Has all our work and investment been totally wasted?

    1. Re:Does this apply everywhere? by Anonymous Coward · · Score: 0


      Yes, all US patents apply in the UK.

    2. Re:Does this apply everywhere? by Anonymous Coward · · Score: 0
      That last comment was supposed to read:

      <sarcasm>
      Yes, all US patents apply in the UK.
      </sarcasm>

      Apparently when I previewed it, my &lt; and &gt; got converted to the characters, and then when I posted it they were interpreted as html tags. Sorry for the confusion.

    3. Re:Does this apply everywhere? by maruko · · Score: 1

      Yes and no. Depends on whether they filed a PCT (patent cooperation treaty) application, and then go on to file for a patent before the EPO (european patent organization), and whether the EPO approves the patent application. If the EPO approves, then basically, the patent can be enforced in the UK and the rest of Europe. If not, you're home safe.

      --
      Genius is condemned by a malicious social organization to an eternal denial of justice in favour of fawning mediocrity.
  13. Hmm by Robert+S+Gormley · · Score: 1
    Why would you have to give back your burner, Hemos?

    Do you sell customised CDs over the web?

    Is this a "stupid patent"(tm) because it's blatantly not a patentable concept, or because it's a patent, and more to do with political/moral beliefs?

    I think it's a pretty valid one. Being able to create a customised CD over the web, whilst not being a hugely unique idea (in that no-one else could possibly think of it), sounds reasonably patentable to me.

    I'd like to think I'm missing something completely obvious, but it seems more and more of these patent stories are "Boo! Hiss! They patented something!" Whilst, admittedly, some of the patents are stupid - "a one click system"? - this one seems reasonable to me. Have you actually used CDnows system?

    Comparing it to "patenting respiration" does you no credit.

    --

    Open Source. Closed Minds. We are Slashdot.

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

      Whether it's a patentable idea or not is irrelevant -- CDNow is neither the first or only company to offer this service. There's CDuctive.com for one. Suppose I were to patent the wonderful new concept of, say, web-based message boards? :P

    2. Re:Hmm by Anonymous Coward · · Score: 0

      I think the point is that patent system was never designed to cope with the Internet. Folks like CDNow are taking advantage of that to make a buck. Sure, it's a land grab and it's wide open. But this is happening so fast that nobody has bothered to think up the ground rules, never mind set them down in legal code. We have to proclaim some things on the Internet as "public" domain, instead of letting CDNow put up tolls. That's the way to keep it growing.

    3. Re:Hmm by perky · · Score: 1
      I think that with the advent of e-commerce it is becomming harder to draw the line between a business model (which shouldn't be patentable) and the underlying technological system (which should).

      If they were to say that "We would like to patent selling custimised CDs over the internet using such and such a process with a particular system for data capture, indexing, manufacture, shipping and tracking" then that would be reasonable.

      However attempting to patent the concept of selling CDs over the internet is the same as attempting to patent selling any other product over the internet with a range of options that can be customised by the user. For example, it would be ridiculous to take out a pent on selling cars over the web with the option to select the colour/trim level/engine etc.

      It is a "stupid" patent because the idea is already in the public domain, and it is business model rather than an invention or design.

      --
      "The new wave is not value-added; it's garbage-subtracted" - Esther Dyson, Dec 1994
    4. Re:Hmm by Robert+S+Gormley · · Score: 1
      I don't disagree with that point at all - r.e patents and the Internet.

      What I'm querying is the 'sensationalism' of the article...

      --

      Open Source. Closed Minds. We are Slashdot.

    5. Re:Hmm by azzy · · Score: 1


      I think the point is that patent system was never designed to cope with the Internet. Folks like CDNow are taking advantage of that to make a buck. Sure, it's a land grab and it's wide open. But this is happening so fast that nobody has bothered to think up the ground rules, never mind set them down in legal code. We have to proclaim some things on the Internet as "public" domain, instead of letting CDNow put up tolls. That's the way to keep it growing.


      This is very true, there are few ground rules, and the internet has often been compared to anarchy.


      However the idea to make up a group to object to these patents is not that good an idea.

      Sure it will break those patents which should be broken due to prior art etc, but what about those bloody obvious patents that no one ever used 'cause they didn't get around to it?

      Some things just _are_ patentable, and that's damn annoying.


      The only solution is to form a group with the specific intention of seeking out all these 'bloody obvious ideas'(TM) and patenting them first, then freely licensing them.

      With an anarchy like the internet the only way to make rules, is to force them to be made.


      So who's with me on patenting _everything_ and licensing it for free?


      --Azrael

    6. Re:Hmm by Fruan · · Score: 1
      Hmm... The question that this raises is, can you patent 'everything' in just one patent?

      "A prosess whereby fundemental particles interact with one another via application of one of the four fundemental forces"?

      Prior art could be a bit of a bitch though :o)

      I recomend someone actually trying to patent this though. but only to try to draw attention to the problems with current patent law :o)

      --
      Shawn Poulsen (Fruan)

      "On Slashdot, many obvious things are insightful." - Annonymous Coward, 2000/7/9

  14. The Patent Office should go into Safe Mode by mind21_98 · · Score: 1

    The Patent Office should lose some of their staff, then it can go into Safe Mode like the Hubble telescope. This way it can't patent any more crap for people. Also let's get rid of the patent lawyers since the Patent Office doesn't load em in Safe Mode.

    --
    http://savethelaptop.zzweb.com/: Tips and help for laptop theft

  15. Hey, what did you expect? by jlowery · · Score: 1

    You elected into the legislature a bunch of lawyers whose campaigns were financed by large contributions from large businesses. Now you complain about the resulting laws that enrich lawyers and big business!

    Cause and effect.

    --
    If you post it, they will read.
    1. Re:Hey, what did you expect? by SpazAttak · · Score: 1

      Uhhh.. Hello?
      Patent law has been around for quite a bit longer than the start of the term of MY senator.. I dunno about your's...

      ..just curious

    2. Re:Hey, what did you expect? by Anonymous Coward · · Score: 0

      Aren't all candidates for office either lawyers or big businessmen? If that's the case, there's really not much choice. Unfortunately, it takes money to run for office and only those people have the dough to pony up to the bar and play the game. It's pretty sad, really..

    3. Re:Hey, what did you expect? by Stonehand · · Score: 2

      Well, we've had an actor for president (and arguably another one right now...), so it's possible -- not that the idea of, say, Mr. Gere determining foreign policy or Ms. Streisand being Speaker o' the House appeals to me in the slightest. But if an entertainer can get that seat...

      Mr. Nader is none of the above (unless you consider his occasional rant as entertainment), and may be running for the Green nomination (if only in CA). Mr. Bush should deliver a thank-you note if Nader does actually try...

      You've also got the occasional former general (although not for a while; perhaps Eisenhower being the most recent case at the Presidential level)...

      --
      Only the dead have seen the end of war.
    4. Re:Hey, what did you expect? by Noer · · Score: 1

      His must be Strom Thurmond, who probably predates much of patent law ;-)

      --
      -- "Those who cast the votes decide nothing. Those who count the votes decide everything." -Joseph Stalin
  16. Please make an expert panel about this by Hanno · · Score: 1

    Could you slashdot guys please make a panel about this topic?

    Ask the team of legal experts that are to write about the Microsoft trial if they'd be willing to answer questions about patent follies, too.


    Anyway, are there any initiatives in the US to make this patent game a thing of the past? Is there anyone who still thinks that these patents have any use whatsoever?


    ------------------

    --

    ------------------
    You may like my a cappella music
  17. I have an idea!!! by renegade187 · · Score: 0

    I am going to patent patents!!!

    Ill be richer than cmdrtaco i tell you!

    while im at it, since microsoft has patented ones and zeros, ill patent the numbers 2,4,8,16,32,64,128,256...

    holy cow! what a wonderful world!

    --
    icq:=22921393;
  18. nobody's taking anybody's burner by cheese63 · · Score: 0

    CDNOW's US patent No. 5,930,768, "Method and System for Remote User Controlled Manufacturing," covers the process of using the Internet to remotely select songs from a database, burn them to a compact disc or other playback media, and ship them to the customer.

    1. Re:nobody's taking anybody's burner by texas · · Score: 1

      Okay, so I work for a data archiving center. Our customers are able to browse an online database for the products (different data sets)and order from there. We get the orders and transfer the requested information onto a variety of media, including CD-ROM. Granted, CDNow specifically states music, but that is only trivially different than what we do here. Hardly seems like a patentable process to me.

      Is the key here the exact particular method that CDNow uses? If we were to draw up a flowchart of CDNow and compare that to a flowchart of a possible patent-infringing process, would smallish non-trivial differences between the two render the patent infringement claim untrue?

      --
      Hey, how'd you know I was lookin' at you if you weren't lookin' at me?
  19. This is absurd. by PovRayMan · · Score: 1

    I wonder if they'll end up doing what the GIF people did. Probably not, but I'd just be disgusted if it happened.

    -PovRayMan

    1. Re:This is absurd. by dennisp · · Score: 2

      Agreed. I REALLY want to strangle unisys. Compuserve freely distributes the format and makes it a standard and then Unisys grabs the patent, but waits until years later to start charging licensing fees. Too bad ie5 and netscape don't fully support png or even animated png.

      On a side note, how do I turn off that damn quicktime png viewer?
      ----------

  20. I am stiil waiting for my patent. by Anonymous Coward · · Score: 0

    i have patented a numeric error code system used to give a visual site status across a node of more then one computer. so when going to their website and you see error 404, they owe me :)

  21. egads by Graymalkn · · Score: 1

    If this stupid trend had started 20 years ago, Microsoft would have tried to patent the idea of the operating system.

    --

    *******
    "What good is science if no one gets hurt?!" - Professor Chromedome

  22. so what's wrong with that by hsitz · · Score: 4

    The only way to find anything distressful about CDNow's patent is by misunderstanding patent law. CDNow doesn't have a patent on "any" method of creating CD's over the internet, only on "its [particular] process of creating custom CDs on the World Wide Web." [quote from linked article]That's the nature of how patents work.

    I assume that creating a usable process by which custom CD's can be created over the Web is a fairly difficult accomplishment. CDNow, assuming their process satisfies the requirements (among which I believe is a requirement that it not be trivial), is certainly deserving of a patent. But everyone should note that THIS DOESN'T MEAN THAT NOBODY ELSE CAN CREATE CUSTOM CD'S OVER THE WEB WITHOUT INFRINGING CDNOW'S PATENT. All it means is that nobody can use the process that CDNow has developed. There are sure to be lots of different ways to create custom CD's, aren't there?

    (I am a laywer, albeit not one well-versed in patent law. It doesn't take much knowledge of the law, though, to realize that if people are getting upset just because CDNow got a patent on creating custom CD's over the web, then they likely don't understand even the basics of how patent law works.)

    1. Re:so what's wrong with that by SpazAttak · · Score: 1

      Can it really be that hard?
      Maybe I'm oversimplifying this.. but couldn't you just write a few scripts that fed a command line cd-burner that was hooked up to your huge library of cds or mp3s?
      Then all ya need is a monkey to put the blank cd in and take it back out :)
      HEY! they could patent the monkey part... again... just curious

    2. Re:so what's wrong with that by Stonehand · · Score: 2

      If you want to do it in volume, and take orders from, say, 'Frisco, Capetown, Chicago, and Auckland, and minimizing things like production and shipping cost/time, than arguably it's going to be a tad tricky.

      --
      Only the dead have seen the end of war.
    3. Re:so what's wrong with that by Hobbex · · Score: 5


      Like any large computer system that handles orders, production, and shipments, of course it is rather tricky to implement.

      But that a system is large and tricky doesn't validate the claim for a patent. Are they doing anything new here? People have been taking orders from "'Frisco, Capetown, Chicago, and Auckland, and minimizing things like production and shipping cost/time" for quite some time now, and usually the systems they have been using to manage this have been large and complicated.

      The only new thing about this is that they plugged it to a cdburner, which as the previous post notes, is not that difficult to do. Where exactly is the need for a patent other than an attempt to harass any competition?

      -
      We cannot reason ourselves out of our basic irrationality. All we can do is learn the art of being irrational in a reasonable way.

    4. Re:so what's wrong with that by sporty · · Score: 3

      This sorta stems from piracy of idea as well as art. People are making sure what makes them special, that little thing that they know how to do best cannot be copied 1:1. Simply copyright law cannot protect it as well as a patent can. If someone from CDNow makes his own company, he could use the knowledge. With the patent, it is easier to protect him from doing so.

      ---

      --

      -
      ping -f 255.255.255.255 # if only

    5. Re:so what's wrong with that by Rares+Marian · · Score: 1

      Nontrivial my ass. A 20 line perl script combined with the bazillion open source cd writees would handle everything.

      Get you head out of your ass. They're just files. No different than writing to a hard drive or to floppies.

      It's not the fact that only CDNOW might be able to do it, it's the fact that they could give ownership of something that amounts to patenting the use of the color blue.


      Excuse me while I puke.


      "Computers should be ... tools... (siglim 120 chars)" Like cars... to the office no more no less.

      --
      The message on the other side of this sig is false.
    6. Re:so what's wrong with that by DukeofURL · · Score: 1

      You must not work in IT do you.

    7. Re:so what's wrong with that by Rares+Marian · · Score: 1

      You must not work in IT do you.

      Gee that was helpful.

      As a matter of fact I do. And since I do, I know that this can be very easily automated.

      I have half a mind to put together a demonstration as soon as I get myself a CD Writer.


      "Computers should be ... tools... (siglim 120 chars)" Like cars... to the office no more no less.

      --
      The message on the other side of this sig is false.
    8. Re:so what's wrong with that by Ricdude · · Score: 1
      nobody can use the process that CDNow has developed.

      How many different ways can there be to tie an html form to a cgi script that feeds options to a script that assembles the data for the cd and burns a copy to media?

      As for prior art, someone had a "create your own Red Hat kickstart disk" on the web a while ago. You fill out the form, and you get a link to a raw floppy disk image that you use to automatically install the majority of the OS, and some of the initial configuration information too.

      --
      How's my programming? Call 1-800-DEV-NULL
  23. Patent is actually old by TheSync · · Score: 2

    The patent for making a customized audio CDs was held by Ergon Technology Associates (U.S. Patent No. 5,592,511) and was issued in January of 1997. In late 1997, this patent was licensed by superSonicBoom, a small start-up in the Washington, DC, area that sold custom CDs over the Net. They were acquired by CDNow in mid 1998, along with the patent license.

  24. is it really useful? by fcd · · Score: 1

    I have to wonder how useful creating custom CD's really is. It would seem to me that the manufacturing/shipping cost is going to be many times the manufacturing cost of a regular CD and thus the price higher. Since CDNOW has to pay the royalties as well, and just keeping track of those for each CD would increase overhead as well, it seems to me that custom CD's would be substantially more expensive then just buying the CD. Now while it would be nice to be able to pick and choose which songs you want the gain in being able to buy just the custom CD wouldn't offset the increased cost, IMHO. Plus by the time the CD gets to you, you could have downloaded all the MPs anyway. More interesting, and feasable, is the patent for providing custom CDs at record stores as it would tap a market without access to MPs...ect.

  25. This patent doesn't just apply to music ..... by taniwha · · Score: 3
    In fact it doesn't mention music anywhere in the claims ..... it doesn't even mention CDs ..... this patent covers any ordering of data of any kind onto media of any kind.

    It even covers books and paper.

    This could be waved as a very big stick

    Prior art? you betcha .... how about the batch queue for your local printer for a start :-)

    1. Re:This patent doesn't just apply to music ..... by Anonymous Coward · · Score: 0

      Does this include MadLibs? Would those sites that generate MadLibs for you be a patent infringement?

  26. we can all agree on a few points by SEAL · · Score: 1

    These patent related threads all have a few things in common. A quick summary:

    - The patent system (as opposed to the copyright system) concentrates more on purpose, than implementation. If you own a patent, you still control the invention, even if someone writes a "clean room" implementation.

    - U.S. courts have more-or-less determined that you can't do much of anything patent-related without an attorney that specializes in patent law. Judges believe that Joe Average can't possibly understand it well enough on his own.

    - Patent portfolios are an important part of big business. If you don't patent something remotely related to what you are doing, you risk having someone else grab it.

    - Patent requests are not investigated in enough detail before being granted. As shown on Slashdot, many patents are granted for things that are quite obvious, or things that are supposed to be unpatentable (e.g. mathematical algorithms).

    - Patent expirations last far too long for the computer industry.


    So with that little summary in mind, I can see a few ways to improve the system.

    Make patents easily searchable, even by a non-lawyer (reduce redundancy). Make them much more difficult to obtain, not by money, but by scrutiny (emphasize REAL inventions). Give an equal opportunity to the basement inventor and the corporation. It should not require an armload of cash and lawyers to obtain one, if your invention is sound.

    If these steps could be taken in good faith, I think the patent system could live up to its original intent, and benefit inventors without harming the public.

    Best regards,

    SEAL

    1. Re:we can all agree on a few points by richieb · · Score: 1
      - Patent portfolios are an important part of big business. If you don't patent something remotely related to what you are doing, you risk having someone else grab it.

      This doesn't really make sense. If you are afraid that someone else will pattent a fairly obvious idea, why not simply publish it. There are many computer Journals that could print your paper.

      Then you have established prior art, and there is no need to pay lawyers to file patents.....

      ...richie

      --
      ...richie - It is a good day to code.
  27. Hmm by cronio · · Score: 1

    Let's see...what will they try to do next?
    Maybe they'll patent the CD creation process and require everyone who makes a CD to pay them a fine. Or how about patenting do it yourself mixes? Or, maybe, they could patent how you have sex. Or how about patenting the acronym CD? (after all, it IS in their websites name).

    Erm, disregard the one about sex. No idea how that got there.

    --


    My plan is to pimp before they realize I'm a jackass. Hit 'em hard and fast.
  28. sheesh by mbadolato · · Score: 1

    That's it. I'm gonna patent all of the tags.

  29. Who grants these? by vivekb · · Score: 1

    I am definitely not a lawyer. Can someone help me understand how a patent like this gets granted? I always thought there were people hired by the patent office to examine each document and search for things like prior art, obviousness, stupidity, etc. Lately, it seems like there's a big NT server that just adds APPROVED to the beginning of application bigger than 100 words. Someone should patent that server and rake in the royalties.

  30. Read the patent. by Stonehand · · Score: 2

    So, how many of you actually looked at the patent before denouncing it and making lame "I patented this" jokes?

    See the actual patent for details, and note that it was filed over 3.5 years ago...

    This also apparently deals with controlling the manufacturing itself instead of, say, faxing a list of songs you want in what order and having some poor schmo burn it for you. The packaging is included within the process -- it looks like it's meant to be completely automated *and* distributed (think: multiple manufacturing sites).

    --
    Only the dead have seen the end of war.
    1. Re:Read the patent. by taniwha · · Score: 2
      actually I believe that this patent is so broad that it's worthless - it only takes one piece of prior art to invalidate it.

      If I can prove that in 30BC one could write off a local scribe and ask him to produce a volume containg the works of Ovid and Plato in a certain order then this is prior art ..... I'm sure there's prior art down the centuries for this one

      (to the classics geeks - before you flame me I only guessed at 30BC OK?)

    2. Re:Read the patent. by Anonymous Coward · · Score: 0

      Yikes. Looks like the place I'm working now violates that patent in a big way -- and we're doing videotapes, not CDs. This is gonna be a bit of a shock for the owner, who was looking to patent his process. I don't think it predates the filing date for this patent. (All of which goes to show, IMHO, that some things are bleeding obvious given a single new enabling technology (ie the web)).

  31. My New Patent by whig · · Score: 1

    I am patenting the technique of licensing obvious or prior art, utilizing the mechanism of an attorney and a clueless patent examiner....

    --
    Peace and love, y'all
  32. How to anger CDNow and RIAA in one fell swoop by Inoshiro · · Score: 1

    Does anyone with a burner, a bunch of blank CDs, a large-ish MP3 collection, an urge to piss off both the RIAA and CDNow feel like setting up a little webpage where people can select the songs they want, pass this off to a CGI that will start the burn (or just email the page owner), and then have the burnt CD sent out to the customer? I'm sure a small fee would be alright per CD, as the person will likely have lawyers circling :-)

    Note: if anyone does do this, good luck..
    ---

    --
    --
    Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
    1. Re:How to anger CDNow and RIAA in one fell swoop by ToastyKen · · Score: 1

      This would, of course, be blatantly illegal if any of the songs are not available for public distribution.

  33. This process has already been done! by TheFitz · · Score: 1

    Check out this site: www.ktel.com They have been doing this for a LONG TIME! I know of this because I work for a company that was about to sign with K-Tel to offer their CD database on our site. I do not think this will hold up against the lawsuite K-Tel is most likely going to throw at CDNow.

    --
    "Out, OUT! You demons of STUPIDITY!" - Dogbert
  34. one of the better ones by alexbeyn · · Score: 1

    This patent is actually one of the more legit ones, when you consider some of the stuff we've all read on Slashdot.

  35. My new patent by Generation · · Score: 1

    I'm patenting posting one liners on slashdot.

  36. so unoriginal its not even funny by vyesue · · Score: 1

    the Beastie Boys have, according to CNN, a system whereby their fans can create a custom "greatest hits" CD by mixing and matching old bboys tracks at their website - the resultant cd would then be burned and shipped to the user.

    patents are patently stupid.

  37. Consumer collective power by BrutusAIC · · Score: 1

    I think that this type of market manipulation by companies trying to force their competitors to fold under by applying, and getting moronic patents is ludicrous. One thing we as consumers have always been able to do is fight back with our money, by not giving it to a certain company. This is even more so now, with the Internet and E-mail. As a collective group we can show a company what we as consumers feel is right or wrong, and as we have always had the choice of taking our business elsewhere, they have the choice of taking their product elsewhere. I would like to see /. or another site come up that takes an issue, like this CD-Now patent, and takes the collective feelings from consumers and drops in their laps a group of consumers that are willing to say and follow through with telling a company that they will no longer buy a product from that company if they continue with this type of practice. Of course, they have a right to do business and protect their interests, but we as consumers have a right to keep innovation and more importantly prices, down.

  38. Patents pending by Sneakums · · Score: 1

    I would like to take this opportunity to inform the Slashdot community that I have the following patents pending:

    * Use of special character sequences to delimit human-readable text from program code. The following sequences are covered by the patent: /* ... */, REM ... , // ... , -- ... , (* ... *), { ... }, " ... ".

    * Use of right angles to attach lines together, creating formations technically known as "rectangles"; also covers use of "rectangles" to delineate spaces in such technologies as window systems, newspapers and banner ads.

    * Use of "patents" to restrict the rights of programmers to use the best and most obvious techniques to "get the job done".

    Licensing and royalty details will be forthcoming.

    Thank you.

  39. A patent a day... by Anonymous Coward · · Score: 0

    ...keeps progress away.

  40. I should add ... by taniwha · · Score: 1

    it doesn't even mention the internet .... you could be doing all this by mail - all it sais is that there's a way to communicate the order of what you want - not how it's communicated.

    1. Re:I should add ... by Stonehand · · Score: 2


      The present invention is directed to user defined assembly and manufacture of a product, particularly electronic media, wherein each component of the manufacturing process and system can be remotely located to decentralize the manufacturing process. The invention relies on a communications infrastructure, for example the Internet (based upon the Transmission Control Protocol/Internet Protocol, TCP/IP), wherein each component of the system is able to pass relevant data to a subsequent component until a complete user defined product is created.


      It's mentioned. Not required (only 'preferred'), but it's definitely mentioned.

      --
      Only the dead have seen the end of war.
    2. Re:I should add ... by taniwha · · Score: 1
      you're right - I should have said "the claims don't even mention the internet" since they're what's actually being patented

      It's a strange patent .... usually the prefered embodyment is actually called out in the claims something along the lines of a claim with "The method of claim 1 where the order information is transmitted to the remote location using the TCP/IP internet protocol" - but there's none of that there - just these 7 very generic claims

    3. Re:I should add ... by Stonehand · · Score: 2

      Strange, isn't it? Especially in light of the last paragraph of the patent, which notes that it isn't restricted to digital media.

      Makes one vaguely wonder if they're interested in branching out into other areas ala Amazon.

      --
      Only the dead have seen the end of war.
  41. Patented respiration, eh? by oyvindmo · · Score: 2

    Well, I've patented perspiration.

    But I don't plan to enforce my patent, so don't sweat it.


    [insert sheepish pun-slinger grin here]

    1. Re:Patented respiration, eh? by VValdo · · Score: 1

      Not that this thread needs too many more replies, but I should point out that I patented innovation, so 90% of your perspiration profits belong to me.

      W
      -------------------

      --
      -------------------
      This is my SIG. There are many like it, but this one is mine.
    2. Re:Patented respiration, eh? by Chris+Brewer · · Score: 1

      So that's why M$ buys out other companies. They don't want to give you royalties as part of their "Freedom to Innovate" software development.

      --
      Consultancy: If you're not part of the solution, there's money to be made in prolonging the problem
  42. Hmmm I think they are mistaken! by ndfa · · Score: 1

    I do believe reading a while ago about a group in England that gave their customers the ability to choose the songs that would go onto a CD.

    Also, a while back when MP3's were still pretty new I remember seeing some nice websites where you could ask the person to put up some of his/her mp3's from a list that they provided! Its almost the same concept now with some places and their realaudio feeds!

    Having the ability to customize what you want to listen to is not a new concept and i think that it is crap that cdnow would even think of this! and all the jokes aside, this idea of patenting everthing just CANNOT be good for the market!

    hell, even microsoft did not try to patent (IN MY KNOWlEDGE) stuff so stupid!!! Hehehe, we all know that the little paperclip with M$OFFICE is a _NEW_ concept for the world to enjoy!

    --
    Non-Deterministic Finite Automata
  43. Booorrriiinnnggggg..... by Devout+Capitalist · · Score: 1

    About one a week, the new spewing Slashdot puts out an 'ohmygod someone patented something' story, and it's getting kind of lame. A patent isn't a license to steal, kill, and maim. A patent is only as good as the claims. And while the patent office makes some attempt at finding prior art they are overworked and fallible. So, now what? Instead of new jerk reactions, one can find out if the company is actually enforcing the patent and under what terms, and maybe one can look at good prior art databases. My apologies for the spew of the spew.

    --
    Profit motivates invention.
    1. Re:Booorrriiinnnggggg..... by Anonymous Coward · · Score: 0

      Um, so don't read the story or post comments within.

  44. Patent This! by adev · · Score: 1

    Can I patent "Method of storing a customized purchase order through a network" ? Then amazon, b&n, microsoft, cdnow, mp3.com... wait EVERY company on the interent will be violating my patent! Someone needs to get a hold of the patent office and make them realize what they're doing.

    --
    What up foo?
    1. Re:Patent This! by Anonymous Coward · · Score: 0

      I have a little point to make, it is probably not gonan make much improvement in this discussion, but here it is:

      Let's imagine the folowing situation:

      i have a web site with a forum.
      Some time after i created it, someone is getting a patent for a web site forum and tries to enforce it.

      Would i have to stop doing my web site and pay royalties if i do continue ? (even though i was using this principle prior its 'patenting'..)
      Again, this is just an example, ... but please bare with me

      /quit and here he goes again...

  45. I don't think much will amaze me anymore... by alsta · · Score: 1
    I am really getting sick of this. I'm jumping on the bandwagon. I will file for a patent for "a software or hardware apparatus that uses open standard protocols, to exchange electronic messages, or data, over public networks". Thus I will become rich and have everybody pay me royalties.

    I wonder why people are never seizing to commit senselessly stupid acts like these. Of course meaning that I would probably never file for such a patent, and I would probably dispise anybody who would, or would attempt to.

    Sincerely,

    Alexander

    --
    Wealth is the product of man's capacity to think. -Ayn Rand
  46. Blatant misuse of of your brain by Listerine · · Score: 1

    This NEEDS to mentioned on Slashdot (and elsewhere) or it will not stop. You want this to stop right? Why should it stop if nobody thinks its even newsworthy? This must be brought to public attention.

    Grrrrrrrrrrrrrrr.

  47. I patented the enzymes in human saliva. by D.+Mann · · Score: 1

    I'd like to request 25c for every ounce of saliva used in the digestion of food, since absorption of nutrients from food is impossible without my miraculous invention.

    Next month, I'll be copyrighting the letter "E."

  48. Read the patent ..... by taniwha · · Score: 1
    This one's a doozy .... I believe it even covers calling up your local radio station and asking them to play some songs in aparticular order.

    The basic patent has nothing about CDs, music or the internet .... just the ability to communicate the order of some objects to a remote place and have them fixed into an unspecified medium.

  49. "Stupid patent" articles by Anonymous Coward · · Score: 1
    My suggestions for future "stupid patent" articles:
    1. Give out tons of moderation points in advance, so people can downmoderate all the stupid:
      • "I patented X, now pay me" posts
      • "Here's some prior art!" posts, or at least the 95% of "prior art" posts that are not actually prior art, either because it was not published at all, or not published before the patent was applied for. (Also known as the "I don't know anything about patent law, and you sure as hell aren't going to teach me, type I" posts.)
      • "The invention as described in the secondary article or the patent abstract is completely obvious" posts, never mind that it is the invention which is described in the claims that has legal significance. (Also known as the "I don't know anything about patent law, and you sure as hell aren't going to teach me, type II" posts.)
    2. Post the text of the patent claims within the slashdot article itself, so maybe, just maybe, we can cut down on the "I don't know anything about patent law, and you sure as hell aren't going to teach me, type II" posts. Maybe by 5% if we're lucky.
  50. *bah!* by Cramer · · Score: 1

    According to Ted Hooban, CDNOW's director of digital products, the firm is not out to use the patent as an offensive weapon.

    Bullshit! Then why did you go to all the trouble to get a bloody patent? That's the only reason anything gets patented these days. It's not like a web interface to cdrecord is anything earth shatteringly novel that it warrants a patent to protect it. CDNOW want's (needs?) a patent so it can milk a mini-monopoly on customized music CDs. Plus, it makes the company look more profitable -- after all, a merger is pending.

    Time to go read the fine print. Does the patent cover track-at-once, session-at-once, and/or disk-at-once recording?

  51. Go back to law school by Anonymous Coward · · Score: 0

    You're absolutely right. I haven't the faintest clue about patent law. However, what myself and many of the posters are commenting on is how trivial the process is. How could something so trivial be patented? The process described in the patent information is so general that it would seem to include not only the CDNow method, but any method of making CDs over the Internet. From http://www.patents.ibm.com/details?pn=US05930768__ we read: The invention enables persons with Internet (or other similar computer network) connectivity to remotely customize a product to be manufactured. In a preferred embodiment, a customer specifies a variety songs from a stated inventory of electronic audio media stored in a variety of remote databases and a desired playing order. After verification, the customer submits the order to a server. A series of programs located on the server (either physically or virtually) processes the order and sends the order to a production mechanism for the manufacture of the final product by downloading selected songs, writing the downloaded songs to a recording media and shipping the recorded media to the customer.

  52. There goes Mp3.com by Anonymous Coward · · Score: 1

    With much revenue coming in for Mp3.com via the CDs they sell they will likely up the price of the CDs. But this is very, very bad. These are CDs of music created by artist without the backing of a label, which means they don't have that much money or a wide customer base. When the price is up'ed many customers will not want to pay the $10 or whatever to by the CDs. It will be the domino effect, with 1000s of artists on the wrong end. This personally affects me, I manage four bands on Mp3.com. And none of those bands are going to be too happy.

  53. Obfuscated Wording by interiot · · Score: 2
    user interface means for entering user defined order data corresponding to a product to be manufactured, wherein the user defined order data includes initial sequence data that defines an initial production sequence, wherein the user interface means includes reorder means for selectively reordering the initial sequence data, in response to user defined reorder text data, to generate reordered sequence data corresponding to a desired production sequence, and wherein the reorder means includes means for entering the reorder text data, means for storing the initial sequence data in a first array, and means for generating a second array including the reordered sequence data in response to the reorder text data;

    Is it just me, or does it seem that companies word the patents in such a way as to confuse the patent office? So companies can patent anything (even things that have already been patented) as long as they word it in a new and confusing way?

    1. Re:Obfuscated Wording by Stonehand · · Score: 1

      If you were paid by the hour to write, and also wanted to impress your client with dense prose... would you simply write:

      "Defining 'user interface', yadda yadda, as per the 1998 Merriam-Webster Dictionary..." ?

      --
      Only the dead have seen the end of war.
    2. Re:Obfuscated Wording by taniwha · · Score: 2
      (from personal experience writing a number of patents)

      It's really strange - patentese is a unique dialect of english with it's own internal consistancy.

      In many ways it is very like a sort of strangely restricted programming language. It has variables (you name something XYZ to create an instance then refer to it as 'the XYZ'), arrays of variables ('the first XYZ', 'the second XYZ', etc), limited subtoutine calling (you can refer to previous claims). And finally bizarre boolean logic (I'm not going to explain 'and' and 'or' because I don't really understand them and always end up arguing with the patent attorney - but they don't mean what you think [hint I think 'or' means exlusive or and sometimes 'and' means or])

  54. Re:Read the patent yourself by Anonymous Coward · · Score: 0

    Read the patent yourself, taniwha, this time keeping in mind that it is the claims, and nothing else in the patent, that describes what is legally protected by the patent.

  55. Can I be a patent officer? by Refried+Beans · · Score: 1

    It amazes me how many stupid patents are getting through the patent office these days. I would love to work for the patent office just so I could say, "That's not an original idea. Go do some real research." How hard is it to be a patent officer? Does it really matter? It seems to me that it must be nearly impossible to get a job at the patent office. That office alone has the power to dictate which company or person has the rights to restrict and charge for ideas that many of us feel are simple combinations of fundamental concepts. Large companies must have their fingers in the hiring process of that office. This is all just conspiracy theory, but if the patent office was hiring the best people for the job, would you expect patents such as this? Are these patents being passed because big business is lobbying to put incompetent people in the patent office? Think about it.

  56. Re:Read the patent yourself by taniwha · · Score: 1
    Read the patent yourself, taniwha, this time keeping in mind that it is the claims, and nothing else in the patent, that describes what is legally protected by the patent

    And where in the claims does it mention music? the internet? CDs? it doesn't it mentions "entering orders" "transactions" "media" etc etc

    For example a 'recording medium' could be a person with a pencil and paper, 'verifying a finacial transaction' could be picking up the phone and calling the bank, or writing them a letter

    It does however include a claim involving an "electronic recipt" but that just means they sent you e-mail once they got the order - there's no mention of the order being done electronically

  57. This is good!! by the+eric+conspiracy · · Score: 2

    The more crappy patents we have (IMHO the Y2K Windowing one was the best) the more quickly this mess is either going to get fixed or collapse out of it's own idiocy.

    The House and Senate already have a set of reform bills on the table - HR 1907 and S.1798. At least S. 1798 includes a requirement that the GAO examine the quality of business model patents, which of course are starting to multiply like crazy right now. Call or write and complain about software patents too.

  58. Watch It! by Vector+Inspector · · Score: 1

    You folks on the Slashdot there best watch yourselves.. I got patents pending for the microprocessor, the hydrogen atom, condensation, the food chain, the bubonic plague, algebra, the hamburger, the human brain, sex, the automobile, green eyes, extraterrestrials, the motion picture camera, hot dogs, chrome, the cumbustion engine, the planet Mars, the paper clip, Henry Kissinger, the Roman Alphabet, nude women, rug burn, catfish, and the city of Detroit. So watch it or I'll sue you into a paper bag!

    --


    spoo

  59. I already had this idea... by linux_penguin · · Score: 1

    years and years ago.... Im still planning on making a website where you can build and order a cd made up of the linuxware of your choice... If and when I get it done, Ill let you know if I get any enraged phonecalls :) By the way, Im going to patent the idea of turning your computer on with, what I like to call, a *button*. But that wont effect Linux users as Ill have a clause where anyone can do it once a year for free ;)

    --
    Simon

    The real linux_penguin has Slashdot ID 101961. Anyone else is an impostor. Including Bruce Perens.
  60. I've got the answer by slickwillie · · Score: 1

    Why don't we hire a patent attorney to patent the patent process?

  61. Re:egads No.. by Anonymous Coward · · Score: 0

    They would have patented the "GUI Interface" to the operating system.. so no other operating system could have a GUI Interface without paying M$.

  62. new SlashDot section by Anonymous Coward · · Score: 0

    It is time /. started a new "stupid patents section"

  63. Buahaha by Anonymous Coward · · Score: 0

    I'm going to patent a way of getting 5 million 60 year old men to pose as 13 year old girls on the internet at one time.. oh wait.. AOL has that one already.. D'OH

  64. As much as this is a "stupid patent" by mr · · Score: 3

    How business is now being done is this:

    I must patent this idea to prevent others from patenting this 1st, and therefore shutting me out of the market.

    No matter how obvious, lame, or whatever the patent may seem, its better to have the un-enforcable patent on your side, than it is to NOT have it there.

    Business is all about having an un-level playing field. And the more un-level you can make it, the better for you. Your stockholders demand high returns...and the best way to insure that is to have a government sponsored monopoly. Be it a patent, contract, or other such device.

    I guess you can be thankful that to date Microsoft hasn't been the ones filing and getting such patents. I'm betting that Bill is now having them file on almost ANY idea.

    And its the abuse of the system that will make it collapse. Be sure to take the time and draft a letter or 2 to your congress-critter about patent abuse....cite these as claims that the system needs to be re-thought.


    --
    If it was said on slashdot, it MUST be true!
    1. Re:As much as this is a "stupid patent" by dennisp · · Score: 2

      ""It's not our intent to do anything destructive to other companies or to force them out of the business altogether. If they are utilizing our process, we will make our best effort to come to reasonable licensing terms,""

      Their director of digital products says it all here. First he states that they aren't out to aggressively enforce it, then he states that they are going to try to force licensing upon their competitors.

      It's agreed that this is a big problem. Smaller companies are pretty much screwed once they get sued -- even if there is prior use. I myself was threatened with litigation because one of my software products had a similar data transaction and storage method than theirs and they had a patent. I had never heard of them prior. We were also operating in different market segments. Did that stop them? Nope, they wanted 30% of my profits and an up front 20,000 dollar licensing fee. I instead told them to jump in a lake and quickly offered all my clients a free upgrade with a reworked system (which took about 3 days when they claimed they had perfected their process in years of being in the industry since 1991).
      ----------

  65. No simple answer by troyboy · · Score: 2

    I actually did a research project on this very question over the summer at an IP law firm. Your first reaction might be to say "no" because you are not in the US.

    But... it is patent infringement to import into the United States a product made with a patented process. Also, an argument could be made that part of the process is actually conducted in the US, when the user (a US customer) orders a CD on the Internet.

    My conclusion in the memo I wrote was that there is nothing stopping a US court from finding you guilty for patent infringement except diplomacy and good sense.

    So, be careful! Read the patent closely, find prior art, etc...

    1. Re:No simple answer by maruko · · Score: 1

      however, since this is based in the UK, the US courts might have problems asserting personal jurisdiction over a UK enterprise. Note that many circuit courts have held that general personal jurisdiction does not exist and cannot exist by simply setting up a website to solicit business. More factors are neede.

      --
      Genius is condemned by a malicious social organization to an eternal denial of justice in favour of fawning mediocrity.
    2. Re:No simple answer by troyboy · · Score: 2

      True, but it is relatively easy to get specific jurisdiction for a patent infringement claim if the UK company ships its product into the US or interacts with US users via the web. Since the lawsuit would be about the use of the website itself, I doubt that a court would say that that is an insufficient basis for jurisdiction.

      Of course, a court will not exercise personal jurisdiction if it would be "unfair," but that is veru hard to show...

    3. Re:No simple answer by maruko · · Score: 1

      sorry to harp on this, but check out some of the circuit court cases. even specific jurisdiction wouldn't apply here. bottom line is, court cannot exercise personal jurisdiction over an out-of-state defendant absent any evidence of intent to direct efforts at the forum state, and maintenance and operation of a website that is accessible and viewable within the forum state is insufficient to establish that intent. it's a 7th circuit case.

      --
      Genius is condemned by a malicious social organization to an eternal denial of justice in favour of fawning mediocrity.
    4. Re:No simple answer by troyboy · · Score: 2

      I think that you are right. A website by itself is not enough. See, e.g., Cybersell v. Cybersell, 130 F.3d 414 (9th Cir. 1997). Several circuits probably agree (you mentioned a 7th circuit case)...

      But, in this case, the company has not only set up a website, but will begin the process of conducting business on the Internet. Numerous courts have found that there is jurisdiction over defendants on the basis of their contacts with the forum state through the Internet. See, e.g., Compuserve v. Patterson, 89 F.3d 1257 (6th Cir. 1996) (Patterson, who had no other contacts with the state, transferred files to Compuserve in Ohio for distribution), Playboy v. AsiaFocus International, 1998 U.S. Dist. LEXIS 10359 (E.D.Va. 1998) (defendant was a foreign company who infringed on Playboy's copyright in the forum state because the website was targeted there).

      I think that the moment that the company in this case completes a sale and ships a product into the United States that they will be sued for patent infringement and that there will be jurisdiction. Of course, neither of us can be sure because there hasn't been a case that has dealt with this specific issue. Let's wait and see.

      By the way, it's quite fun to run into someone on /. with a good understanding of the law!

  66. that's a sub patent by Anonymous Coward · · Score: 0

    But it was I who patented the blood-level O2/CO2 exhange performed in the lungs. Since I've given up waiting on the royalties, y'all can stop breathing now.

  67. Hm... by Anonymous Coward · · Score: 0

    Imagine a beowulf cluster of unresonable patents!

  68. prior art... by buffy · · Score: 1

    I know that a bunch of sites have "prior art" on this one--I worked on one myself about 2 years ago. Stupid patents. Sad, really.

    -Buff

  69. separate department? by Noer · · Score: 1

    My god, will the madness end? Honestly, I think the only solution (no, getting rid of patents is NOT a good solution - I don't like software patents, but patents overall are a good thing) is to have a separate department within the patent office for handling software and internet-related patents. And it would be made up, ideally, of people who have some SEMBLANCE of a clue.

    --
    -- "Those who cast the votes decide nothing. Those who count the votes decide everything." -Joseph Stalin
  70. Is the USPTO infringing on this patent? by Mr+Z · · Score: 4

    Take a look at this page on the USPTO's own web site. It allows you to order customized set of patents on their site, and they can either be downlaoded onto your machine or sent to you in the mail.

    CD-Now's patent seems to cover the general concept of customizing a product via a website, and automating its manufacture and delivery. The key difference they site between their patent and the (dubious) prior art is that it involves a network such as the Internet. The only thing that ties their patent to burning CDs is that that is the "preferred embodiment."

    This whole idea of patenting business models is absurd, and needs to stop.

    --Joe
    --
  71. How about some credit where credit is due? by bconway · · Score: 1

    Hey buddy, I made that joke earlier today, and you know it. That's it, I'm off for court. Your *ss is mine! I'll make M$ look like a small deal, baby.

    --
    Interested in open source engine management for your Subaru?
  72. ENOUGH!!!!!!!!!!!!!!!!!! by penguinboy · · Score: 1

    We need to institute a death penalty for the lawyers who submit these crazy patents (and the examiners who approve them!)

    My $0.02

  73. League for Programming Freedom by Tim+Pierce · · Score: 2

    or start a seperate protest website for this stuff?

    The League for Programming Freedom was once upon a time the chief organization that fought software patents. For a time they kind of dissipated, but can now be found at http://lpf.ai.mit.edu/.

    The LPF now chiefly appears to be a news site. If there are Slashdotters who have financial, political or legal expertise to throw at this problem, contributing those gifts to LPF would be a wonderful and important thing to do.

    1. Re:League for Programming Freedom by Ed+Avis · · Score: 3

      If you live in Europe, you should check out freepatents.org. The LPF site may be mostly news, but in Europe there is stuff happening. Software patents have not been introduced in the EU, but there is a danger that they will be. But it's not too late.

      Alternatively, you can buy Alan Cox's USPTO T-shirt at ThinkGeek.

      --
      -- Ed Avis ed@membled.com
  74. Pattent this... by pfy · · Score: 0

    I hereby declare that I own patents on the excritory sytem, so any of you who frequently dump, you must now pay me a royalty fee of $5 us for every turd.

    is there no end to this idiocy?

    --
    del c:\micros~1\*.*
  75. Exactly what is going on here? by Hobbex · · Score: 2


    I have to start wondering exactly what is up with the American patent office. Do ANY patents get turned down? Or do they just stamp everything and wait for a court battle (which the defendant might not afford) to decide the validity of a patent.

    Politically, I am against the whole idea of patents. I believe that thought should be free, period, and that we should model our society with that at the core, not as an afterthough: but that is not even the issue here. Whether you like patents or not, their purpose is fairly clear: to give back to the inventor of something for the disadvantage he has on spending money inventing the thing.

    Medical patents are the best example. Companies spend millions of R&D of a new drug, and the only way they can afford to do that is if they can sell it exclusively for a period. But this? How many millions did CDnow spend thinking up the idea that you could put forms on the net where people can order songs that are then burned to cd?

    They should have come to me, I would have "consulted" them on it for only around 100K.

    Yes, implementing the system might be difficult, but they don't need a patent to protect them from that. Anyone copying their invention would incur the same costs. No one (well, except a bunch of american lawyers) said patents were around to make the inventors of something rich: only to make it fair. Patents are not an "I thought of this first so I should get rich" thing, they are an "I incured great costs developing this, so I should have a chance to regain them" thing.

    -
    We cannot reason ourselves out of our basic irrationality. All we can do is learn the art of being irrational in a reasonable way.

  76. maybe ..... by taniwha · · Score: 1
    heh!

    actually I think that a key element of the claims is that you can choose the order in which the things that you order are embedded in the result.

    The first part of the first claim seems to say that the user is given a list of things they can order and then they specify which things and in which order - this is frankly the only vaguely novel feature in this patent .... but it also decribes how I order chinese food around the corner and how they produce it for me and put it on the table :-)

  77. I've patented sex! by MattyT · · Score: 1

    Well, almost. Specifically, I have a patent on the missionary and reverse missionary positions in a participant's own abode.

    I also have a patent pending on the doggie position and well as six other popular positions.

    This means, if you want to have sex, you'll either need to obtain a license from me, work out some obscure new position or do it outdoors.

    1. Re:I've patented sex! by RoninM · · Score: 1

      Au contraire, I don't have to obtain a license, find a new position, or do it outside. Your patent pertains to sex (in the given positions) in, "a participant's own abode." This means that I can have sex in my neighbor's house so long as it is not with my neighbors. In fact, they can even know I'm doing it and watch -- they just can't participate. And, really, that means only a change of locale for me.

      Err...just don't tell her that.

      --
      If a corporation is a personhood, is owning stock slavery?
  78. How's about this for a solution.... by thetbone · · Score: 1

    Since most (all?) of these patents are being made by internet companies, could some sort of an internet based patent watch-dog group be established in some way to monitor companies **enforcing** their patents? I can understand a company filing a patent with no intention of enforcing it, but just to be first so no one else beats them to it and brings lawyers down upon them. However, if CDNow for example was to try to enforce this braindead patent on a competitor, the competitor could bring their case to this de-factt internet watch dog group who could then debate it in a forum like this and if the user community strongly agreed that the patent was invalid, they could highly recommend to CDNow that they cease enforcement of the patent or face the consequences, ie: anything from simple bad publicity (RealNetworks recent privacy problems) to coordinated attacks upon their servers until they see the err in their ways. Of course the debate would have to be a little more professional than many of the discussions we have here at /. but I really think this type of a de-facto watchdog agency could be very effective, despite having no official legal powers whatsoever. Whatdyathink?

  79. Oh yeah! by Terror_102 · · Score: 0

    It's just a matter of time! Soon you'll be able to order customized Girls over the internet! And I'd like to be the one holding the patent for this kind of business!

    1. Re:Oh yeah! by Anonymous Coward · · Score: 0

      http://www.realdoll.com/common/dolls/images/st15.j pg

  80. patent frenzy. by bholmberg · · Score: 1

    Companies, and people, patenting anything marketable is becoming a problem in my opinion.

    Think about this, according to the keynote at comdex by Carleton (Carly) Fiorina (CEO of HP), anything can be marketable. And thinking about it, I'm sure anything could.

    This is scary, while at the same time, a definite business opportunity to anyone creative enough to envision the next e-service.

  81. A small clarification... by Anonymous Coward · · Score: 1

    I believe this patent was pending when CDNow purchased... argh, can't remember the company's name. Anyways, CDnow inherited the technology and patent from an acquisition. I'm not out to defend 'em, because if they were decent they'd just drop it. But in the interest of accuracy...

  82. Re:What if someone else did it first? by Anonymous Coward · · Score: 0

    If you think about it, CDnow may have done us a favor. What if Microsoft decided they would patent a way of making custom CDs. What if then they said no one can use it. CDnow is willing to let other companies use this process, and I don't believe they will charge them an a huge fee. If you knew someone who might patent (insert bodily function here), wouldn't you want to patent it before it got into greedy hands?

  83. Have you read the patent? by Anonymous Coward · · Score: 0

    It's not all custom CDs that are patented. It's only a specific way of making them.

  84. Civil DIsobediance as a solution? by redled · · Score: 1
    The average person in America is not aware of the patent office's blatent stupidy in granting patents to nearly anyone (especially technology/computer related ones). Apparantly, even the patent office itself is oblivious to what most slashdot-type people see as a an obvious flaw in how patents are handed out. Anyways, I think a very vocal way to bring this subject out into the general public would be a sort of public disobediance. If everyone with the means (I guess that would mean the ability to cover any costs involved) registered for a rediculous patent, like say "the method of using organic dye and flattened wood pulp to transfer information" then perhaps the surge of bogus patents would bring the subhect to light. Granted, this may not be the most mature method to carry a protest out, but it would probably make fast results. Besides, it'd be fun.

    --

    --

    --
    "Insert witty quote here."

  85. Whats Next? A Patent on Masturbation? by Anonymous Coward · · Score: 0

    I could be richer than Gates taking into account the teen demographic alone!

  86. Some warez trader beat 'em to this, I'm sure by Anonymous Coward · · Score: 0

    No one will ever know the first time some email was exchanged arranging for cash or trade in order for a custom-burned CDROM full of MP3's or other files. I should patent software delivery in this same manner, so I can put www.cheapbytes out of business and rake it in. I recently paid a buddy $10 to burn me a CDROM of a bunch of (legally copiable) stuff he had on his HD. Saved me the D/L, and now I got a permanent archive.

  87. two wrongs != right by Anonymous Coward · · Score: 0

    i dont care if CDNOW is being 'kinder gentler assholes'.

  88. Personics anyone? by Anonymous Coward · · Score: 0

    Don't get your panties in a bind. This is almost exactly the same thing as the Personics system that so many people used years ago.

    In other words, don't be jealous that you didn't think of patenting this idea before CDNow.

  89. patent on self-replicating data storage arrays by JungleBoy · · Score: 1

    He he.. I'm just waiting for this one, Maybe I should file and specify a molecular level mechanism.

    "I'm sorry, your cells have divided several trillion times. at US$0.01 per use of our patent, you ow us US$10billion. Own, and think twice before having kids, meiosis costs extra. We just patented molecular-encoded data recombination."

    Andrew N.


    --
    ...Linux!

    --
    "You never know when some crazed rodent with cold feet might be running loose in your pants."
    -Calvin
  90. Hemos == Bill Lumberg? by Mr.+KaryHead · · Score: 1

    um. Yeeeaaah. I'm going to have to go ahead and disagree with you of that one. Patent for respiration? I'm just not too sure about that right now. Yeeeaaah.

  91. Domain names available by r2ravens · · Score: 1

    If someone would like to establish a presence to report on these kinds of problems, I just checked and there a few domain names available:

    stupidpatents.com, org, net
    dumbpatents.com, org, net
    obviouspatents.com, org, net

    Anyone else got a better idea for a name?

    Maybe something like:

    LosingOurFreedomBecauseOfObviousPatents.com, org, net?

    Russ

    --
    War is Peace. Freedom is Slavery. Ignorance is Strength. - George Orwell or George Bush?
  92. Amnesty for vexatious patents = PATENTGATE by Anonymous Coward · · Score: 0

    By the should know better department. Change the law for vexatious patents, and award punative damages plus. Make patent office REFUND 100X patent fees as well. If you can't put your hand over your heart and say - i believe, rather than - Cant beleive they would be so stupid to award this patent. Apart from gross abuse - the Director of the Patent office has a serious QA problem. Their duty is not to rubber stamp and take cash. This BS took place in Vietnam - PATENTGATE

  93. Arrhh - Slashdot to patent custom DVD distros by Anonymous Coward · · Score: 0

    using DeCSS technology, and multicasting them on warez channels

  94. Re:egads No.. by Anonymous Coward · · Score: 0

    Screw the GUI, you're not thinking like Bill. He wants total control. Click on this shortcut link to make Bill a richer person.

  95. Antipatent by inful · · Score: 1

    Isnt it about time somebody wrote some legaleese for an antipatent and started a repository for such antipatents.
    The antipatent should prohibit the patenting of an antipatended idea, and everybody should be able to antipatent whatever idea they had.

    Beat them with their own stick!

    ...I mean it...

    --
    BLiP!

    --
    -- BLiP!
  96. Sony mini disc? compilation CD's? by Anonymous Coward · · Score: 0

    Dont these people already do much the same thing. You at home with a mini disc create your own selection. firms selling compilations effectively make a custom CD. Is this what the patent is about, or purely that you can now do it over the net? This is fucking ridiculous.

  97. This patent covers methods of distribution. by Anonymous Coward · · Score: 0

    This patent covers methods of distribution.
    This patent covers concepts, as opposed to
    any actual hardware, software, or algorhythms.

  98. Re:Patents on slashdot - problem solved by intmainvoid · · Score: 1

    i think i'll just take out a patent on posting patent stories on slashdot - that'll fix it.

  99. Metapatent by David+A.+Madore · · Score: 1

    I suggest turning the patenters' weapon against themselves and patenting the very idea of patenting the obvious. Obvious, isn't it? That way, nobody can patent the obvious any more without my permission.

  100. Very simular to... by The_H0und · · Score: 1

    This is very simular to the following:

    A computer shop which gives you options to select from and then sends you a custom built computer.

    A floral shop which takes orders for custom floral arrangements and then sends it to you.

    An online dealer which allows you to select the features in a car that you want and then send it to you.

    The only thing I see patentable here is that each of the above methods require a person to actively take the order and put it together where this process seems to be completely autononymous.

    Just my thoughts...

    --
    Plenty of projects, not enough developers...
  101. Protest them at the Comdex by Anonymous Coward · · Score: 0

    Everyone who goes to Comdex, please object at their booth to their patent! Embarass them publicly.

  102. Patent away by FreeUser · · Score: 2

    BEGIN RANT

    It is my hope that the absurd patenting of business models, mathematics, and science continues unabated until business, science, and the software industry is brought to a crawl.

    Why? Because maybe when it starts making it impossible to do business or science and the resulting financial and technological losses become so obvious to the powers that be that they can no longer ignore it, maybe the cheap whores ... excuse me, congresspersons ... will be forced to address the serious problems patents are causing, and with any luck scrap the system altogether.

    The worst thing for everybody would be a situation in which business as usual would be able to continue unabated while innovation outside of Redmond and other centers of corporate America who can afford to swap patent portfolios is completely stifled. We are rapidly moving in this direction -- the only hope to prevent it is to make sure the patenting system does significant damage to the very industries in which the abusers of the system are profiting. Anything that can be done to encourage the system to eviscerate itself should be encouraged.

    END RANT

    --
    The Future of Human Evolution: Autonomy