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Amazon Patents Cookies
Legal fights over patenting the obvious
(old news - 09:07AM Wednesday Mar 31 2004)
tags: business
One user writes in to note that Amazon.com has been awarded a patent for browser cookie use. Patent Number 6,714,926, granted only yesterday, covers the "Use of browser cookies to store structured data". Just a year after the company came under fire for their patenting of "one-click shopping", Amazon found themselves sued by software company Open Market in February. Open Market claims Amazon violated their own patents 5,909,492 and 5,715,314, which focus on the concept of using a "shopping cart" so shoppers can accumulate purchases pre-checkout. Patent reform, anyone?

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Forums » Amazon Patents Cookies
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halfband
Premium
join:2002-06-01
Huntsville, AL

1 edit

Now we know who is responsible

Since I now know who invented the cookie, I can send the bill for all the cookie bytes I have stored on my system.
--
Registered Bandwidth Offender #40812

AnonProxy
Proxy of Anon
Premium
join:2001-05-12
ß

Re: Now we know who is responsible

SECOND!

When are these idiots going to learn....

Next thing you know Donald Trump will want to copyright
"You're Fired!"

yeah yeah I know.

furlonium
Computer Over? Virus equals Very Yes?

join:2002-05-08
Bethlehem, PA


1 edit

Who cares?

Since patent infringement is dealt with by the company itself, and not the government, let's see Amazon go after EVERY company that uses cookies.

Amazon vs. Microsoft
Amazon vs. Yahoo
Amazon vs. Apple

yeah, sure

go to hell Amazon

Justin Playfair

@198.231.x.x

Re: Who cares?

let's see Amazon go after EVERY company that uses cookies.
•Amazon vs. Microsoft
•Amazon vs. Yahoo
•Amazon vs. Apple


Unfortunately, that's not the way it usually works. In a situation like this, they typically target one or more small fish who they think will be easy to beat (e.g., "Mom & Pop's Cookie-Using Web Site") so that they can establish legal precedent with little effort. After all, Mom & Pop (unlike, say, Microsoft) can't afford to engage Amazon in a years- or decades-long legal battle, so they're likely to quickly concede defeat. Only after they've sent Mom & Pop packing would a company like Amazon consider "picking on someone their own size" (so to speak) and go after the big fish like Microsoft, Yahoo, or Apple.

Hopefully, though, none of this will happen. Maybe as with the "one-click checkout" fiasco Amazon will realize that they have little to gain and much to loose by pursuing this.

djtim21
It's all good
Premium
join:2003-12-22
Buffalo Grove, IL
clubs:

Re: Now we know who is responsible

said by AnonProxy See Profile:
SECOND!

When are these idiots going to learn....

Next thing you know Donald Trump will want to copyright
"You're Fired!"

yeah yeah I know.

He is - But there is a pottery shop in Chicago that owns that name "You're Fired" and I think there is a battle going to be done now. The shop owner has owned the name for (I think) 5 years.

WiFi
It's In The Air

join:2002-06-06
NiagaraFalls

said by AnonProxy See Profile:

Next thing you know Donald Trump will want to copyright
"You're Fired!"

He should then if your employer says this to you, at the very least you could call Trump and partner with him to sue your boss for patent infringement
--
Type slowwwwwwer.....I can't keep up!

winky
Turn Left At The Moon

join:2001-02-11
Saint Louis, MO
Stay tuned for my pending patent on patenting things not previously patented. Patent Pending.
--
NEGATIVE...I am a meat popsicle.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Sorry Guys, I just patented "A Method for storing electronically messages on a public forum" so unless you all stop posting at once you all owe me bigtime.
z1y2x3w4v5u6
Eeeek A Trackball

join:2004-02-16

My Patent Pending

I'm patenting urination.

If you pee, you owe me; if you don't want to owe me, hold it.

Any questions?
--
I am currently

dualsmp

join:2001-08-25
Charlotte, NC

Re: My Patent Pending

Hey didn't Al Gore patent the internet?
z1y2x3w4v5u6
Eeeek A Trackball

join:2004-02-16

Re: My Patent Pending

said by dualsmp See Profile:
Hey didn't Al Gore patent the internet?

No, he invented it, with one hand tied behind his back, but forgot to patent it.

If he pees, he owes me.
--
I am currently

FLECOM
Bay Networks Freak
Premium
join:2003-03-03
Miami, FL
ya but i beat the internet... al gore is the last boss, he is kinda tough, but there is a trick to beating him
--
BellSouth sucks
z1y2x3w4v5u6
Eeeek A Trackball

join:2004-02-16

Re: My Patent Pending

said by FLECOM See Profile:
...there is a trick to beating him

It's all in the wrist.
ParanoiaInc

join:2002-08-28
Tucker, GA

Re: My Patent Pending

I'm gonna patent the aspect of holding the thingy with the right hand, so unless you switch to use your left hand or letting it hang in the wind, you owe me, too.
z1y2x3w4v5u6
Eeeek A Trackball

join:2004-02-16

Re: My Patent Pending

There goes my last secret!

jeisenberg
New Year's Eve

join:2001-07-06
Windsor, ON
·Cogeco Cable
·Cogeco Voip


3 edits
notnecessarily.zip 797,193 bytes
Patent loophole
(notnecessarily.asf)
said by ParanoiaInc See Profile:
I'm gonna patent the aspect of holding the thingy with the right hand, so unless you switch to use your left hand or letting it hang in the wind, you owe me, too.
I think this humourous video will point out the loophole in your patent.

Edited to add:

I apologize in advance for the lighter than usual tone of this post. But after all, the whole idea of patenting cookies (and all the other stuff that has flowed from this thread) is just so ludicrous...
jaorgeron

join:2003-11-13
Kenner, LA
Hey z1y2x3w4v5u6 I just got finished taking a nice long pee. How much do I owe you? Oh yeah if I wasn't happy with my pee do I get my money back.

anonononon

@norwest.com
I have previous art in the snow bank so your patent is invalid, sorry.

jmn1207
Premium
join:2000-07-19
Reston, VA
·Verizon FIOS

said by z1y2x3w4v5u6 See Profile:
I'm patenting urination.

If you pee, you owe me; if you don't want to owe me, hold it.

Any questions?

Maybe we can work out a deal. You see, I have just patented Breathing™ and I am looking to start collecting from anyone who uses my method or any similar variation to provide their body with oxygen. Where would Bill Gates or anyone be without my Breathing™? In reality he, along with everyone else, owes me everything. I'll settle for 2%, because I'm such a nice guy. I offer exclusive use of my Breathing™ patent in exchange for the use of your urination patent as I see fit.

Ericthorn
It only hurts when I laugh
Premium
join:2001-08-10
Paragould, AR
clubs:
·Paragould.net

Re: My Patent Pending

said by jmn1207 See Profile:
said by z1y2x3w4v5u6 See Profile:
I'm patenting urination.

If you pee, you owe me; if you don't want to owe me, hold it.

Any questions?

Maybe we can work out a deal. You see, I have just patented Breathing™ and I am looking to start collecting from anyone who uses my method or any similar variation to provide their body with oxygen. Where would Bill Gates or anyone be without my Breathing™? In reality he, along with everyone else, owes me everything. I'll settle for 2%, because I'm such a nice guy. I offer exclusive use of my Breathing™ patent in exchange for the use of your urination patent as I see fit.

Let's make this a 3 way deal.. if you guys will cross license me to pee and breathe, I'll license you both to take a dump, as I'm patenting 'defecation' and 'the creation of human feces by biological and physical means'

As for everyone else.. My royalty program is very easy.. I only ask for .01 cent every time you drop a load.
--
Ever try stuffing a melted marshmellow up a wildcat's ass? It can be done, but you have to like your job. - This Is The Way The World Ends by James Morrow - Join a DC club, it can't hurt you!
dda
Premium
join:2003-12-29
Bolton, MA

Re: My Patent Pending

quote:
Let's make this a 3 way deal..
I strongly suggest you make it a 4 way deal as I'm sure you all are violating my patent on "The use of neurotransmitters to facilitate electrical tranmission between nerve cells" (a.k.a. Nerve Transmisson(r)). I happen to know that all of the above patents rely on my patent to function; try taking a dump with no nerve tranmission!

I have a very easy licensing program of 0.000000001 cent for each nerve transmission or you can buy a "unlimited use" license yearly for $100.
SeVeReD

join:2001-02-24
Oceanside, CA

Re: My Patent Pending

hmmm I was going to patent beating hearts next... but i see i'd owe you big time.... so I think i'll just keep doing it in secret.
Zidewinder

join:2003-10-27
Sarasota, FL

said by dda See Profile:
I strongly suggest you make it a 4 way deal as I'm sure you all are violating my patent on "The use of neurotransmitters to facilitate electrical tranmission between nerve cells" (a.k.a. Nerve Transmisson(r)). I happen to know that all of the above patents rely on my patent to function; try taking a dump with no nerve tranmission!

I have a very easy licensing program of 0.000000001 cent for each nerve transmission or you can buy a "unlimited use" license yearly for $100.

No my friend, you see, I have now patented the process "Cell Replication®." I believe that in order for there to be nerve cells to transmit and recieve electrical impulses, other cells must first divide and form nerve cells. Thus, your patent and all the other above patents rely on my patent, and are now null and void. I, however, will be reasonable, and allow your cells to continue dividing, as long as you pay me $0.000000001 per cell division, and donate one out of every ten cells produced by your body to me for my ultra-lifelike "girl robot."
rmdir

join:2003-03-13
Chicago, IL

Re: My Patent Pending

quote:
donate one out of every ten cells produced by your body to me for my ultra-lifelike "girl robot."

Oops, I made my donation this morning

hpguru
Curb Your Dogma
Premium
join:2002-04-12
I just patented "Copyright Enforcement". RIAA 1 0wNZ ju.
--
Blue mountains after rainfall - much bluer.

vang
Let's Get Ready To Get Ready

join:2002-01-02
Point Pleasant Beach, NJ

Read the patent

Read the patent itself: Amazon isn't saying they invented cookies, just that they invented storing complex data structures in them (like information used to customize a web page, for instance).

This, however, is nothing new. Programmers have been doing this for far longer than the patent was originally filed (in 2001). Since cookies are actually fairly limited in what kind of data they can store (e.g. name/value pairs of string based data), you need to encode any binary data (say an encrpyted password) in string form.

I'm not a patent attourney, just a programmer, but it seems to me that this patent would have a tough time being held up in court.
--
I love senselessly pushing things!

furlonium
Computer Over? Virus equals Very Yes?

join:2002-05-08
Bethlehem, PA

Re: Read the patent

said by vang See Profile:
Read the patent itself: Amazon isn't saying they invented cookies, just that they invented storing complex data structures in them (like information used to customize a web page, for instance).
Like DSLr?

DaDogs
Semper Vigilantis
Premium
join:2004-02-28
Deltaville, VA


1 edit

Re: Read the patent

said by furlonium See Profile:
said by vang See Profile:
Read the patent itself: Amazon isn't saying they invented cookies, just that they invented storing complex data structures in them (like information used to customize a web page, for instance).
Like DSLr?

You may actually believe this web interface to a forum was written by DSLR, but it wasn't.

I strongly suspect you need to attribute that to these folks, and not to DSLR which no more originated something than Microsoft:

»www.discusware.com/
--
If you aren't a liberal at twenty one, you don't have a heart. If you aren't a conservative by forty, you don't have a brain.
Felicity2

join:2003-02-25
Greeneville, TN
Even bullshit patents are extremely dangerous. The avg cost of fighting a patent is 500,000 USD.

jeisenberg
New Year's Eve

join:2001-07-06
Windsor, ON
·Cogeco Cable
·Cogeco Voip

Re: Read the patent

said by Felicity2 See Profile:
Even bullshit patents are extremely dangerous. The avg cost of fighting a patent is 500,000 USD.

Watch out, or you may be sued by »www.grisoft.com for infringement of their product's trademark.

seaquake
Premium,MVM
join:2001-03-23
Millersville, MD
clubs:
·Verizon FIOS

Sigh

Tollhouse or Chips-Ahoy may have something to say about this!

Maybe I should pursue my dream of copyrighting the word "THE". Then "A", "AND" and "AN".
--
"Are you on the Distributed Computing Map?"

Vchat20
Landing is the REAL challenge
Premium
join:2003-09-16
Warren, OH
clubs:

Re: Sigh

said by seaquake See Profile:
Tollhouse or Chips-Ahoy may have something to say about this!

Maybe I should pursue my dream of copyrighting the word "THE". Then "A", "AND" and "AN".

LOL.

*cookie monster voice*
C is for Cookie. Thats good enough for me. oh. cookie, cookie, cookie starts with C
*/cookie monster voice*

icp1
Premium
join:2000-10-13
Saint Louis, MO
clubs:
·AT&T DSL Service

Re: Sigh

said by Vchat20 See Profile:

LOL.

*cookie monster voice*
C is for Cookie. Thats good enough for me. oh. cookie, cookie, cookie starts with C
*/cookie monster voice*

LOL, i have that in my CD player right now (for my 1 yr old of course)
Thaler
Premium
join:2004-02-02
Encino, CA

I also will be submitting my patent application for the digits 0, 1, 2, 3, 4, 5, 6, 7, 8, and 9. All web sites that use IP addresses need to pay me royalties for using such copywrighted material.

z1y2x3w4v5u6
Eeeek A Trackball

join:2004-02-16

Actually...

On an OLE development project in 1991, in determining how many child processes there might be to close, I said, "Well, when you start, drop crumbs. When you have to clean up, just follow the trail of crumbs."

Deciding that we didn't write crumby code, we changed that to cookie.

Ok, so I see y'all be buying books at z1y2x3w4v5u6.com after today.

Thanks--'preciate yer bizniz!

j

@comcast.net

LOL

LOL, this is hilarious
now whose gonna clean my moniter?

Jason Levine
Premium
join:2001-07-13
USA

Prior Art easily found

The patent doesn't seem to cover all cookies, just ones that store user preferences to avoid database calls. Since this patent was filed January 31, 2000, that's the date to beat. I plugged "cookie use to avoid database access" into a Google Groups search and limited the date range to before January 2000. Sure enough I got a post dated February 23, 1999 that said, in part:

quote:

cookies are used to store user preferences so that subsequent invocations of the application don't need to ask the user the same questions over and over. For example, an online bookstore could ask the user what types of books he likes best and then store the data in a cookie. Then, when the user revisits the bookstore, the application would reread the cookie and could jump directly to listings of the user's favourite type of books.

There you have it, prior art found in less than 5 minutes. Maybe a Google Groups search should be mandatory for patent reviewers before approving any tech patent?
--
-Jason Levine
http://www.jasons-toolbox.com/
http://www.PCQandA.com/
http://www.urateit.com/

mrchris
We don't miss you Bush
Premium
join:2002-10-01
North Babylon, NY

Re: Prior Art easily found

Amazon is being retarded, cookies have been used way before Amazon has been around, correct?
--
Firefox
dave
Premium,MVM
join:2000-05-04
not in ohio
·Verizon Online DSL
·Verizon FIOS

Simple logic says that Amazon could not have invented cookies, since Amazon does not make web browsers. Before a web site can use cookies, there has to be a browser that supports cookies, i.e., they've already been invented.

(OK, I suppose Amazon could have sent a letter to Netscape: hey, we've got a nifty idea that we want you to put in your browser. But I don't think it happened that way.)

This isn't intended to disagree with Jason's point, though.
bkapitan

join:2004-03-31
Racine, WI
Actually the date to beat is one year prior to the date of filing.

birdfeedr
Premium,MVM
join:2001-08-11
Warwick, RI
·Verizon FIOS

said by Jason Levine See Profile:
...date range to before January 2000. Sure enough I got a post dated February 23, 1999 that said, in part:

quote:

... For example, an online bookstore could ask the user what types of books he likes best and then store the data in a cookie. Then, when the user revisits the bookstore, the application would reread the cookie and could jump directly to listings of the user's favourite type of books.


Amazon, online bookstore? Merely coincidence? This is looking ominous for the no-patent crowd. Amazon could easily claim they were responsible for the development described above..
Especially if the development occurred before the patent was applied for. One year, someone said elsewhere. I think the documentation plays a crucial part in determining who gets the patent.

Jason Levine
Premium
join:2001-07-13
USA


1 edit

Re: Prior Art easily found? Not so fast...

said by birdfeedr See Profile:

Amazon, online bookstore? Merely coincidence? This is looking ominous for the no-patent crowd. Amazon could easily claim they were responsible for the development described above..
Especially if the development occurred before the patent was applied for. One year, someone said elsewhere. I think the documentation plays a crucial part in determining who gets the patent.

I don't think that the quote was referring to Amazon specifically. Here's a link to the full post:

Cookie Post

Alternatively, I found this post which quotes an old Netscape FAQ. The post is dated 8/10/1997.

quote:

What kind of client-side information can Web servers store?
User information may be stored in the cookie or in a database on the Web site. This information may be provided by either the user or the Web site provider. Some scenarios include the following:

Alice is shopping at a particular Web site that uses a shopping cart metaphor. She puts items into a shopping cart by clicking a link or an "Add to Shopping Cart" button. Cookies can be used to store or reference information on the contents of Alice's shopping cart so that she can conveniently purchase a cart full of items rather than one item at a time.

--
-Jason Levine
http://www.jasons-toolbox.com/
http://www.PCQandA.com/
http://www.urateit.com/

TheSaint

join:2002-01-25
Hanover Park, IL
clubs:

I'm calling for a boycott...

That's right, boycott Amazon until the madness stops. Never been a big fan of them, but this is just beyond belief.
Freezone

join:2000-09-29
Southfield, MI

Hold up a sec guys... lets see.

What Amazon does with the patent. If they do notenforce it then no problem. If they use it so that no other companies beat them to it, then no big deal. If they sue every online store under the sunmay the rot in that special place in Hell.

jap
Premium
join:2003-08-10
038xx

Re: Hold up a sec guys... lets see.

A voice of reason. Thank you, Freezone.

PS: is that like ozone & freon mixed together? Nasty!
Forums » Amazon Patents Cookies


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