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[FYI] An open letter from Jeff Bezos ...
- To: debate@fitug.de
- Subject: [FYI] An open letter from Jeff Bezos ...
- From: "Axel H Horns" <horns@t-online.de>
- Date: Fri, 10 Mar 2000 10:29:01 +0100
- Comment: This message comes from the debate mailing list.
- Organization: PA Axel H Horns
- Reply-to: horns@t-online.de
- Sender: owner-debate@fitug.de
http://www.amazon.com/exec/obidos/subst/misc/patents.html/102-7412738-
0519249
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AN OPEN LETTER FROM JEFF BEZOS ON THE SUBJECT OF PATENTS
I've received several hundred e-mail messages on the subject of our 1-
Click ordering patent. Ninety-nine percent of them were polite and
helpful. To the other one percent -- thanks for the passion and
color!
Before I go on, I'd like to thank Tim O'Reilly. Tim and I have had
three long conversations about this issue, and they've been
incredibly helpful to me as I've tried to clarify in my mind what is
the right thing to do. I had previously known Tim as the publisher of
the successful and excellent O'Reilly technical books. He off-
handedly proved his narrative and editing skills when he took what
was our first rambling hour-long conversation and somehow made sense
of it all in a posting on his site. My thinking on the topic of
business method and software patents has been strongly influenced by
Tim's observations, and especially his ability to ask excellent
questions. I also read the first four hundred or so responses to
Tim's summary of our conversation -- these too were helpful.
Now, while we've gotten substantially less e-mail on this issue than
we have over several other lightning-rod issues in the past, I've
spent a lot more time thinking about this one. Why? Because the more
I thought about it, the more important I came to realize this issue
is. I now believe it's possible that the current rules governing
business method and software patents could end up harming all of us --
including Amazon.com and its many shareholders, the folks to whom I
have a strong responsibility, not only ethical, but legal and
fiduciary as well.
Despite the call from many thoughtful folks for us to give up our
patents unilaterally, I don't believe it would be right for us to do
so. This is my belief even though the vast majority of our
competitive advantage will continue to come not from patents, but
from raising the bar on things like service, price, and selection --
and we will continue to raise that bar. We will also continue to be
careful in how we use our patents. Unlike with trademark law, where
you must continuously enforce your trademark or risk losing it,
patent law allows you to enforce a patent on a case-by-case basis,
only when there are important business reasons for doing so.
I also strongly doubt whether our giving up our patents would really,
in the end, provide much of a stepping stone to solving the bigger
problem.
But I do think we can help. As a company with some high-profile
software patents, we're in a credible position to call for meaningful
(perhaps even radical) patent reform. In fact, we may be uniquely
positioned to do this.
Much (much, much, much) remains to be worked out, but here's an
outline of what I have in mind:
1. That the patent laws should recognize that business method and
software patents are fundamentally different than other kinds of
patents.
2. That business method and software patents should have a much
shorter lifespan than the current 17 years -- I would propose 3 to 5
years. This isn't like drug companies, which need long patent windows
because of clinical testing, or like complicated physical processes,
where you might have to tool up and build factories. Especially in
the age of the Internet, a good software innovation can catch a lot
of wind in 3 or 5 years.
3. That when the law changes, this new lifespan should take effect
retroactively so that we don't have to wait 17 years for the current
patents to enter the public domain.
4. That for business method and software patents there be a short
(maybe 1 month?) public comment period before the patent number is
issued. This would give the Internet community the opportunity to
provide prior art references to tJhe patent examiners at a time when
it could really help. (Thanks to my friend Brewster Kahle for this
suggestion.)
To this end, I've already contacted the offices of several Members of
Congress from the committees with primary responsibility for patents
to ask if they would be willing to meet with me on this issue. Since
some of them have previously expressed an interest in similar issues,
I have every expectation that at least some of them will want to talk
about it. I've also invited Tim O'Reilly to attend any such meetings
with me. Tim and I are also going to try to pull together some
software industry leaders and other people with an interest in this
issue and an ability to help.
If done right -- and it could take 2 years or more -- we'll end up
with a patent system that produces fewer patents (fewer people will
bother to apply for 3 or 5 year patents, and fewer patents means less
work for the overworked Patent and Trademark Office), fewer bad
patents (because of the pre-issuance comment period), and even the
good patents won't last longer than is necessary to give the
innovator a reasonable return (at Internet speed, you don't need 17
years).
Bottom line: fewer patents, of higher average quality, with shorter
lifetimes. Fewer, better, shorter. A short name might be "fast
patents."
Many have noted, and I too would like to point out, that given the
laws they operate under and the resources at their disposal, the
Patent Office and examiners are doing a good job and it's unfair to
criticize them.
On a related issue, to further try to help with the prior art
problem, I've also agreed to help fund a prior art database. This was
Tim's idea, and I'm grateful for it. Tim is poking around to find the
right people to run with that project.
On an important meta-level, one thing to note is that this episode is
a fascinating example of the new world, where companies can have
conversations with their customers, and customers can have
conversations with their companies. I've been saying for 4 years now
that, online, the balance of power shifts away from the merchant and
toward the customer. This is a good thing. If you haven't already,
read the cluetrain manifesto. If you want the book, well...you can
get it at several places online...
Jeff
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