Tim O'Reilly says the ODP jumped the gun with its Amazon 1-click gotcha, which accused O'Reilly of doubletalk about fighting Amazon's controversial patent. The tech publisher e-mails in his response:
As a matter of fact, I sent the prior art I had to the folks who were in legal dispute with Amazon in Australia.
The reason I didn't disclose it on the web is because patent attorneys advised that, because of the way the patent system is set up, the patent owner gets first crack at revising its patent to include the prior art if there is a re-exam. You therefore want to keep it in reserve for a lawsuit.
Gawd, this is all so 1999. Rebuttals can go in the comments.
Earlier: Tim O'Reilly don't astonish no one [Valleywag]