BetaNews | Netflix Antitrust Case to Continue
Netflix’s apparent attempts to force Blockbuster out of the online rental market were stopped for the time being on Tuesday, as a federal judge ruled that Blockbuster would be allowed to proceed with its antitrust case against Netflix. The lawsuit was filed in response to a patent infringement suit filed by Netflix in April of this year.
That case attempted to shut down Blockbuster Online through an injunction. Netflix claims Blockbuster infringes on two patents, one related to the automatic queue, and another that allows for the automatic receipt of new DVDs as well as reorganization of the queue.
I don’t think that I commented on this case before. But this is a an example of why patenting business methods should not be. Netflix basically has patented ‘the list’. It is saying that, “if you have a list of stuff that you can organize in any order you want. Than you have to pay us money.” I don’t see how this a novel idea. There should be a ‘blatantly stupid patent’ rule, such that if you submit a ‘blatantly stupid’ patent, you not only loose the patent but are bared from applying for a patent for say 5 years. During that time, you may only apply for a patent, with another party, a cosigner if you will who is not currently bared. The cosigner would also be at risk of being bared if this patent is also found to be ‘blatantly stupid’. Don’t get me wrong I LOVE Netflix. But this is NOT an invention.
