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Should Facebook and MySpace fear patent troll Friendster?

Last week Techcrunch wrote an article about Friendster being awarded another patent on Social Networking. I wrote a post about this almost a year ago, when another patent was awarded to Friendster.

It’s amazing if you think about it. Friendster is becoming a patent troll and it’s only a matter of time when they will start charging other social networks for using ‘their’ intellectual property. Somehow I don’t think a judge will undoubtedly accept it in court. But let’s assume a judge does.

Friendster collects money and the best Intellectual Property (IP) lawyers to sue Facebook and MySpace for using their IP. They ask a big compensation and a huge monthly fee for using the patent. A judge decides in favor of Friendster, what will that mean for Facebook and MySpace? Or even more interesting, that thousands of other webservices mildly using other parts of the patents.

The patents won’t take networks like Facebook or MySpace down. But there is a reason for Friendster to go after all those patents. Maybe they’re looking for a buy-out and know that those patents will have the interest of those big networks. However going after big social networks in court is a realistic option, given that USA allows the patenting of software and processes. Also, judges highly value the fact software and processes are patentable.

Should big social networks fear Friendster? I think not. If big social networks want to do something against Friendster I believe there are some options. Get some more patents for yourself, just to be able to charge Friendster back. See if you can build a case against the US Patent office. Mostly because most of the patents awarded to Friendster are already in the Public Domain for some time now.

There have been a lot of comments on this subject, not only regarding Friendfeed but in general. This system of patenting software and processes don’t match with the current standards and trends. There is a need for a more flexible system and there need to be more regulations on international level.

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