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Amazon Patents Sexism

Via Piratbyrån

The patent concerns inferring information about gift recipients and using that information to suggest appropriate items and services, such as birthday or Valentine’s Day reminders and age- and gender-appropriate gifts. “For example, if the purchased toy is a dress for a doll, it may be inferred that the recipient is a girl,” the patent states.

“The gender information may be used in determining which gift wrapping colours and patterns should be suggested when the item is being purchased as a gift. For example, if it is inferred that the recipient is a girl, pink or pastel coloured gift wrapping may be suggested first.”

Websites using such techniques may now be compelled to pay Amazon a licence fee, at least in the US. Patents on pure software and business processes (or the idea of writing software that supposes girls may like dolls) are currently not enforceable in Europe, but a draft directive on the “patentability of computer-implemented inventions” now making its way through the European Parliament could remove most restrictions, the directive’s opponents claim.

Source: Silicon.com

There are a few things to note here. The first is obviously that one can patent such trivial drivel. Under normal circumstances, and in less capitalized regions, one has to prove that the proposed patent is above a certain creative threshold. In Sweden the term “verkshöjd” applies. Basically, one cannot patent things that anyone could have thought of. Like in this case, a prejudice.

Second of all, this is as noted a prejudice. Sexism if you will. And it is VERY questionable if such opinions should be rooted even deeper into the social constructs. Even if, and perhaps especially if, we agree that this is an altogether academic discourse, what business does a patent office (”the government”) have in making it official and an accepted standard. It may be completely true that because of some much simpler biological imperative, boys and girls choose different toys and ways to play BUT that is not for non-scientists to mull over. Either way you view the status quo this is just plain wrong.

Thirdly, and once more, this is a prime example of why we must never allow US style software patent laws to be ratified in Europe.