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Old 2004-10-16, 12:10 AM   #17
domweb
I'm going to the backseat of my car with the woman I love, and I won't be back for TEN MINUTES
 
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Join Date: May 2004
Location: Midwest USA
Posts: 85
Just another point about all this.

I don't believe that this claim is a 'blanket' patent on affiliate programs, but I remember the case a few years ago when Amazon filed protection of it's 'One-Click' purchase system. I believe the courts upheld the patent in that case. I think it bears on this.

It seems to me that someone can hold a claim to a patent on a specific variation of METHOD in transacting business on the web, but no one can claim claim patent to the transacting of basic business.

The reason the affiliate program will never be able to be patented is that it is nothing more than a sales commision structure. You can't patent salesmen.

An Affiliate makes a sale of the product/service of the Sponsor. The Affiliate is paid based on a commision structure agreed to by the Sponsor and Affiliate. The Affiliate is paid total commisions on a regular schedule.

You can substitute the word Salesman for Affiliate in the paragraph above and you will have described the method by which most business has been done in the world since the Industrial Revolution.

As affiliates, we are just salemen. Some of us are better salesmen, some are green, some are average, some are learning, some don't give a f*ck and a few make a heck of a lot of money. The few salesmen that make big money and live independant lives keep the rest of us interested and motivated.

Let's see 'em patent that.

But PLEASE...research away. If someone doesn't keep an eye the legal weather, we all get rained on before we can get indoors. Don't let em bug ya.
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Last edited by domweb; 2004-10-16 at 12:14 AM..
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