Eye Apeal declared a patented business practice by court

You can't patent something obvious. This has become a problem.

 

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By obvious, do you mean something that is so common that it is considered public domain?

 

http://en.wikipedia.org/wiki/Inventive_step_and_non-obviousness

 

After slogging through the entire 59-page opinion, I have to agree that although it started as a patent infringement case, the Court has winnowed it down to a suit over the supposed breach of an agreement to keep the marketing plan confidential.

The OP either didn't read the decision, or didn't understand it. The title isn't "misleading", it's just plain wrong!