Archive of UserLand's first discussion group, started October 5, 1998.

No More Pesos for Senor Bezos (updated w/ good links)

Author:Tucker Goodrich
Posted:2/28/2000; 9:07:29 AM
Topic:No More Pesos for Senor Bezos (updated w/ good links)
Msg #:15312
Prev/Next:15311 / 15313

I've given this some thought, and have decided that the boycott of Amazon is not really, for me, the right way to respond. Couple of reasons:

1. Amazon loses money on every sale. So if you want to do some damage to them, order more. You actually save them money by boycotting them, and extend the life of the company (their cash hoard will last longer).

2. Amazon is not the problem. They are responding rationally to a given set if incentives, you can't fault them for that. Clearly, it was in their self interest to pursue the patent, now that they have it, it's a very valuable asset.

The problem is a) the policy change at the patent office to allow software patents, b) the fact that the patent office is not following their own guidelines. One click ordering is incredibly, mind-blowingly obvious. Patents are supposed to be for nonobvious inventions. c) as Dave has pointed out, the patent office clearly has no idea of what prior art is in this realm, and is granting patents for basic technologies arranged in obvious ways. By definition, the Web was designed by people other than the patent holders, who patented methods that are obvious to anyone who understands the underlying technology.

The solution, it seems to me, is to try to get the government to change the patent office's policy, not to get Amazon to change its. A boycott of Amazon will not automatically prevent any other company from trying the same strategy. A change at the patent office will.

I don't know the background behind this policy shift at the patent office, but it seems to me that that is where the problem lies.

Upon a little review (see postscripts below), the problem is that the patent office uses patents as proof of prior art. Since software patents are new, as far as the patent office is concerned, there is no prior art... Hence the importance of the SPI database below. This will be settled in the courts, not by a boycott. (Unfortunately.)

Fortunately Barnes and Noble and Amazon are fighting it out already...

P.S. The League for Programming Freedom is "an organization that opposes software patents and user interface copyrights." at MIT. Might as well all join together... :)

P.P.S The policy change is the result of a court case. Some background on the law regarding software patents is available at BitLaw.

There's already a database of "prior art about software technology to help improve the patent process." Software Patent Institute. Members include USENIX, the USPTO, Apple Computer, IBM, Microsoft, etc.

P.P.P.S. The USPTO Final Computer Related Examination Patent Guidelines.



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