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Comments on: eBay to appeal patent decision

Did Diana Ross have the casting vote? 

Posted Thursday 13th December 2007 10:01 GMT

Joke

How long have the Supremes been involved in corporate law?

hmm 

Posted Thursday 13th December 2007 10:28 GMT

Joke

A button, on a website, that lets you buy a product for a set price. Of course well let you patent that Mr Troll, I don't know where you get all these crazy ideas from.

Function, Option, Feature, Technology -- which is it? 

Posted Thursday 13th December 2007 10:51 GMT

Stop

From the article: "The case relates to eBay's "Buy It Now" function."

From the AP report: "The dispute revolves around eBay's "Buy It Now" option".

From the AP report: "...prevented eBay from continuing to use the "Buy It Now" feature."

From the AP report: "... licensing fees for use of its patented technology...."

As usual in 'IT' patent cases, it seems difficult to figure out what exactly has been patented and in what way the complainant feels that all their hard work and investment has been infringed by the defendant.

I fail to see how a 'feature' or 'option' can be patented in any case (rather than any specially developed technology required to implement or present them). A 'function' might be worthy of protection but it depends on how you define it etc.

I'm not familiar with the history of auctions but I'm sure that someone somewhere at sometime has publicly stated - "tell you what, you can have it for 3 florins right now if you like", hence prior art.

Given that e-Bay have so vigorously defended the case, it seems to be something more fundamental than having to rewrite a block of 'accidentally copied' code or detailed functional implementation.

Could this be another 'One Click' or does anyone know more details of the case?

Coke machines violated this patent long before it was granted 

Posted Thursday 13th December 2007 11:29 GMT

That's right, every coke machine has a series of "Buy It Now" buttons. You'll also find buy-it-now buttons on chocolate machines on many tube stations. Come to think of it, even the ticket machines have buy-it-now buttons. All those date back to at least the fifties and the seventies.

So, what's different about ebay's buttons that makes this patent-holder (correction, semi-legalised thief) feel that it can sue ebay rather than coke, cadburys and TFL ?

Another bogus patent claim, and ebay should sue USPO for its part in aiding and abetting these outrages.

Indeed! 

Posted Thursday 13th December 2007 12:26 GMT

Thumb Up

Danny - Showing your age there mate ;)

And yeah, patent'ing something thats been around for decades is stupid.

@ Coke machines violated this patent long before it was granted 

Posted Thursday 13th December 2007 12:52 GMT

Coat

I'm afraid I have to disagree with your comments Mr Coward... they have taken the chocolate vending machines off of the tube.

@/\/\j17 

Posted Thursday 13th December 2007 15:08 GMT

Coat

...because of patent infringement?....

@ All you 'coke invented it' people 

Posted Thursday 13th December 2007 18:18 GMT

The mere concept of offering a Buy Something Now button has been around since the beginning of the commerical internet, and as you point out has been a mechanical (rather than digital) feature for much, much longer.

However, I'm fairly sure the method that's patent infringing is that of offering a Buy it Now feature in what is otherwise an auction, ie a fixed price offer on top of a end-bid price.

I've not done any background reading on this, I'm just using assumption and commonsense :)

Chocolate... 

Posted Thursday 13th December 2007 18:31 GMT

Unhappy

Because they too theived your hard earned cash, quite often for nothing in return!

Chocolate & brownies 

Posted Friday 14th December 2007 09:36 GMT

Coat

"Patented technology" is a bit of an over engineered statement, innit?

Next time you go to the loo, beware, Disney has a copyright on Pooh !!!

Flush before they can pull a court case.

Chocolate goes down the tubes 

Posted Sunday 16th December 2007 22:11 GMT

There were definitely chocolate machines on at least two tube stations last time I used the tube -- coming back from a ebay/paypal meeting, as it happens -- though it probably was a couple of years ago.

Correction, they SHOULD have been chocolate machines but neither of them was actually willing to supply any chocolate -- and I guess is they were removed because they couldn't keep them in working order rather than because they had buy-it-now buttons.

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