Nope. The patent should be granted only if it is "not obvious to a skilled practitioner skilled in the art", not just if nobody published the same exact thing before. 1-click WAS obvious in 1998 to any skilled practitioner who knew about cookies.
Again, this patent has been litigated over and over and over - so it has been deemed not to be obvious to a person skilled in the art at the time of filing relevant to the claims. You can't state "it WAS obvious" - because literally millions has been spent on PROVING it wasn't. Even if some of the claims have been subsequently rejected - there are still components that are patentable.
You're talking about the US. The patent was never granted in the first place here in the EU. So yes, I can state that it WAS obvious - at least in Europe.
And as a result Europe produces the Samwer brothers - who just copy everything from the United States and open it in Europe. I'm not arguing that patent law is perfect (per my first post) but rather that it does have a function and the original article conveys the view its entirely pointless. EU patent law has its problems as well and its a long post to discuss it - but without any protection you just get outright copies (Airbnb, Stripe and so on and so on) and that does nothing for innovation.
It's funny to have to state this on a site where a common mantra is that "execution matters":
If US entrepreneurs suck at serving a global market (and they do - failing even with covering Canada and Mexico for years, their direct neighbors), someone else is bound to fill the niche.
Instead of whining about the Samwers, how about expanding as soon as possible?
Either there's money to be had abroad (then go and get it) or there's not (then why aren't Samwers bankrupt by now, at least thrice?).
I totally agree with you that execution does matter. But the Samwer's don't execute - they outright copy. From reverse engineering, to out right cloning the CSS style sheets and design UI's which is totally wrong. That's not innovation in any sense and I wholeheartedly disagree if you are defending the cloning of a product completely.
I'm not "whining" about the Samwers - I am bringing them into the larger context of this debate. That is - with patent protection - their outright clones would not exist. You draw a completely different imputation by comparing it to business strategy of expanding faster and cloning a product. I am not against, in any sense, taking an idea (groupon) and making it work in a different part of the world - as long as it adds something to it - a different UI and so on.
The Samwers don't add that and that's what is detestable. If your startup worked hard, built a product with a great UI that is commented upon and then a competitor clones it outright in a different market - are you suggesting you wouldn't be pissed ? Because that's exactly what the Samwers do. And sometimes it's not so easy to just "expand as soon as possible" - payments is a whole massive legal headache (in the case of stripe). Verification systems, financial approval and so on and so on per country and many others. Plus, expanding quickly involves local offices, larger teams, greater strategic planning, more investment capital which then dilutes existing people more and so on and so on. So it's not a simple matter of "expand as quickly as possible" but sometimes that's just not feasible.
What they bring to the table: experience in foreign markets (all that legal headache, market research, contacts).
They probably "should" do that by offering this as a service to promising US startups. But who would pay for that an even remotely comparable amount of $$$ than what they get now?
Are you serious? The Samwer brothers don't do anything different from thousands of US startups and big companies that try to imitate new ideas that have success in the market. How many venture capitalists in the US finance exactly that kind of ventures?
The only difference is that they evidently found a good formula to do it with repeated successes by focusing on early localization on European (and especially German) market, and so became famous.
By the way, I'm in favor of patents in general, but with very stringent non-obviousness requirements. IIRC the USPTO changed its attitude not so many years ago here, going from a "reject as much as possible" one to a "accept as much as possible" one.
This attitude frankly disgusts me. The legal system is all kinds of screwed up and its verdicts don't necessarily have any relation to reality. It's an intellectual cop-out: I don't have to actually put thought into the issue, because a bunch of expensive lawyers already did, and I can just parrot them!
