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Friendster Patents Social Networking
Posted by
Zonk
on Fri Jul 07, 2006 11:49 AM
from the now-how-will-i-make-friends dept.
from the now-how-will-i-make-friends dept.
Pontifex maximus writes "Friendster has said that as of this week, it has a patent covering online social networks. It applied for the patent before the company's downward spiral and recent growth." From the article: "'It's way too early to say' whether the company would pursue licenses and litigation from its competitors, Friendster President Kent Lindstrom told RedHerring.com. 'We'll do what we can to protect our intellectual property.' Though the Friendster patent could be challenged in either the patent system or the courts, opponents would face an uphill battle. 'Once the patent is issued there is a presumption of validity that follows with it,' said attorney Bill Heinze of Thomas, Kayden, Horstemeyer & Risley."
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Technology: Friendster Back from the Dead? 91 comments
garzpacho writes "With a fresh infusion of $10 million in funding, Friendster is making a bid to rejoin the social networking A-list. The cash, from VC firm DAG Ventures, accompanies plans for a complete project redesign, a focus on adult users and a newly awarded patent for social networking. A real comeback might be unlikely, though: 'Turnaround stories for companies that draw on advanced Web technology known collectively as Web 2.0 remain unprecedented, says David Sze, a general partner at Greylock who specializes in consumer Internet companies but does not invest in Friendster. Still, Sze says Friendster doesn't need to have a MySpace-size traffic explosion to turn a profit. Says Sze in an e-mail, 'If those users are reasonably valuable and monetizable, I think [investors] can make money on their investment.''"
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Old Process + Internet = Patent (Score:2, Interesting)
False cause (Score:4, Insightful)
I like the fact that he used the word "presumption," because the fallacy of "post hoc ergo propter hoc" qualifies as a fallacy of presumption.
The patent review process is broken. Searches for prior art and other such safeguards are not being enforced. The processes that would make a presumption of validity have any weight are not being followed.
In fact, a presumption of invalidity would actually be more warranted, given current patent processes.
This is bad.
Parent
Re:Old Process + Internet = Patent (Score:2, Funny)
Re:Old Process + Internet = Patent (Score:2, Insightful)
read the claims. in light of the specification. read the file history, look for applicant's arguments that create a judicial estoppel. look to see if 35 USC 112 6th paragraph was evoked. look for everything which makes the claims more specific and adds patentable weight. read the examiner's reasons for allowance.
bah, why bother. it's easier to just quote the title of the patent and get all "oh noe
Re:Old Process + Internet = Patent (Score:2)
I have a hypothesis that well-meaning folk who run for government to do great things can't resist the temptations of power and money and become corporation-loving, lying, cheating, stealing, morally corrupt, freedom-hating pricks who look at normal people as nothing but stupid, potential thieves once they get there. So be careful.
Law Talkin' Suit Filin' Web Hostin' Machine! (Score:5, Interesting)
Then they'll buy out Kevin Bacon when he screams prior art.
Then they'll figure out that Moneybags Rupert Murdoch owns MySpace and go after News Corp. You know, News Corp, that generically named conglomerate of multiple money sucking companies [newscorp.com]?
There's not a lot of social networking projects that are open source or free to the communities. Every single one seems to be some ad revenue money grubbing scheme anyway. You have PeopleAggregator [slashdot.org] and maybe NovaShare [sourceforge.net] though the latter doesn't really support degrees of separation searching.
I guess if MySpace & FaceBook went away tomorrow I really wouldn't care. What I do care about is the fact that this patent is just as stupid and obvious as the Amazon patent on "methods and systems of assisting users in purchasing items." [com.com] Will we ever see these end? Probably not as long as the patent lawyers are milled out of "the world's finest educational institutions." Whatever happened to the peer to patent system [slashdot.org] the USPTO was going to use? Is this thing [jot.com] a failed idea already?
Boy I'd like to throw down some discussions on this patent.
Six Degrees... (Score:5, Informative)
Actually, SixDegrees.com [wikipedia.org] would be a great example of prior art. The company folded in 2001, a year before Friendster launched, and two years before Friendster applied for the patent (June 2003)
Parent
Prior art examples... (Score:3, Informative)
Regards,
Ross
Re:Six Degrees... (Score:2)
It was also nice cause they group people toge
Re:Six Degrees... (Score:2)
I think we all agree on that here...
...but a basic message forum doesn't track people by relationships, which is what the patent [uspto.gov] describes:
Re:Law Talkin' Suit Filin' Web Hostin' Machine! (Score:5, Interesting)
I think that last sentence means they're going to liquidate all their assets and assemble the largest all star team of lawyers since Microsoft evaded penalties even after being convicted.
A bit OT, but I don't think Microsoft evaded the penalties thanks to an army of competent lawyers, it was more like Bill discovered the benefits of political contributions (which they had prior shunned) and arose to sit at the left hand of God and steal Jesus' bucket of popcorn.
Then they'll figure out that Moneybags Rupert Murdoch owns MySpace and go after News Corp. You know, News Corp, that generically named conglomerate of multiple money sucking companies?
Which appears the primary reason for infusion of new capital into the utter failure Friendster was... "nope, nope, no decent assets, poor business plan, the whole thing isn't worth a bucket of spit, whoop, what's this, a patent application for Social Networking and Newscorp just bought MySpace? We'll shite my britches and call me Al Capone, get some money in here to prop it up just like another SCO!"
Parent
Re:Law Talkin' Suit Filin' Web Hostin' Machine! (Score:2)
You can go off topic all you want, for a gem like that. Just when you think you've heard all the funny expressions, along comes "sit at the left hand of God and steal Jesus' bucket of popcorn." Lordy... Still catching my breath.
Re:Law Talkin' Suit Filin' Web Hostin' Machine! (Score:2)
Although Livejournal (the site) [livejournal.com] might arguably fall under the money-grubbing description, Livejournal (the engine) [livejournal.org] is open source.
Prior Art? (Score:2)
"System, method and apparatus for connecting users in an online computer system based on their relationships within social networks"
Isn't this called IRC?
Prior Art Indeed (Score:2, Funny)
Re:Prior Art Indeed (Score:2)
Re:Prior Art Indeed (Score:2)
Re:Prior Art? Yes, by 34 YEARS!!! (Score:3, Informative)
"An Internet Pioneer
Founded in 1969 as a computer time-sharing service, Columbus, Ohio-based CompuServe drove the initial emergence of the online service industry. In 1979, CompuServe became the first service to offer electronic mail capabilities and technical support to personal computer users. CompuServe broke new ground again in 1980 as the first online service to offer real-time chat online with its CB Simulator. By 1982, the comp
Well, I'm going to steal their thunder... (Score:2, Funny)
Re:Well, I'm going to steal their thunder... (Score:5, Funny)
Parent
Instant profitability (Score:5, Informative)
Of course it's on that track... the lawyers are warming up in the bullpen. Expect a spate of lawsuits within the next 6 months, trying to milk money out of anyone and everyone who might even be thought to be violating the patent. As usual, the USPTO has totally overlooked how generic the patent is and once more a software patnet threatens to gum up the works. Two words: patent reform.
Little do they know... (Score:2, Funny)
Re:Little do they know... (Score:2)
Just another example of how the USPTO is broken. (Score:5, Insightful)
Bureacracies always reach out and try to take more power - once patents simply protected implementations - now the patent office is reaching out to get a stranglehold on stuff like "business methods" and algorithms (math) and essentially ideas - many of them common sense to the problem being solved.
Patents are for society, not the individual. It's supposed to push progress forward by opening non-obvious ideas for everyone for a limited time. Not MONOPOLIZE obvious ideas for the benefit of one person against the rest of society.
To fix patents, we don't need more patent clerks (federal employees), we need to:
1. Go back to old way patents were done - which includes working implementation upon application. Thus ideas become unpatentable. Same with business methods. It will also render 90% all the unreadable legalese to obscure what you are patenting obsolete.
2. Punish non-English application. No, I don't mean application in a foreign language, just the ones that read like they are. Plain english is a must. Jail time in Gitmo otherwise.
3. Raise price to apply for patent to $5,000-50,000 depending on whether it is an individual, small company or large corporation (refundable only on recieving a patent) - while it may seem to screw the "little guy" it actually will kill corporations trying to patent every little thing. Even a little operation will be able to afford to patent 1 WORTHWHILE application, but will corporate America still be able to afford to apply for 10's of thousands of trivial patents?
4. Part of application fee (say 1/2) will go as a bounty to anybody who can disprove it - in other words show prior art, etcetera. This could be anybody - college students, professors, employees of another company. This will also lower amount of patents applied and speed up patenting time.
Why hire clueless clerks when you could flocks of knowleable people examining patents because of a profit motive to turn them down? They won't have the power to deny a patent, they bring the case against it.
5. No renewable patents. Lower patent length from 17 years to 9-10 years or so. Back in the 1700's, business and the pace of life overall was slower, let's reflect that.
Re:Just another example of how the USPTO is broken (Score:4, Informative)
Yes. It will follow the same process that spamming does. They only need a marginal rate of return to jusitfy the expense.
$50,000/patent * 1000 patents = $50 million
One successful patent litigation = $500 million award
That is a 1000% return on investment.
They can then use the other 999 patents as leverage to bargain with the other large corporations.
I whole-heartedly agree with point #1 though.
Parent
Re:Just another example of how the USPTO is broken (Score:2)
While this may be true, raising the expense changes the nature of the equation...and anything would be an improvement over the situation today.
BTW, I'm sure most are aware, but the Supreme Court is currently looking at this question [com.com] (the obvious part). If any of you hang out with SC justices, mentioning this latest retardation might help us all.
Re:Just another example of how the USPTO is broken (Score:2)
A working model (actual reduction to practice) hasn't been required in the US since the 1836 patent act -- the U.S. patent system before 1836 was an absolute mess, 1/3 of all issued patents were tied up in court. A working model system also hurts small comp
Re:Just another example of how the USPTO is broken (Score:2)
Best line in the whole thing though:
Jail time in Gitmo otherwise.
Ah, thanks. You made my Friday...
(and for those of you whose EmotiMeter (patent pending) is not working I am not being sarcastic, I totally agree with the post
and while it may seem over the top "jail time in gitmo" actually seems appropriate given the current patent situation in the US).
Re:Just another example of how the USPTO is broken (Score:3, Informative)
From what I gather, the business method bar on patents was considered a bad judicial opinion. The statute is silent on this, and prior courts inserted the bar. So, if you want to fix this, just persuade your Congressmen to amend the statute.
And, these imple
OMGWTFBBQ (Score:3, Insightful)
This is nuts (Score:2, Insightful)
Is it too late to patent "antisocial networking"? (Score:3, Funny)
Seriously though, there are already tons of websites doing that, right? Myspace, Hi5, every single chat engine in the world, online email services that allow you to remember your friends' email addresses.
To qualify for a patent they have to be able to demonstrate that their idea would not be obvious to the most people (or the average person?) in their field. In this case, the field has already demonstrated that the idea is obvious, since the entire field has already done it.
Re:Is it too late to patent "antisocial networking (Score:2)
The fact that everyone is doing something doesn't make it obvious, if they all started doing it after the person who patented it and showed them how it was done.
That said, when sixdegrees did it, this kind of social networking was innovative. And I don't believe for a second that the people at Friendster aren't aware of sixdegrees prior art or that they honestly believe they came up with an original idea.
Re:Is it too late to patent "antisocial networking (Score:2)
Re:Is it too late to patent "antisocial networking (Score:2)
You have no idea what "obvious" means in the sense used in patent law.
And you seem to have no idea what "obvious" means in real life.
Just because the PTO is currently using a bogus definition of "obvious" doesn't somehow make it okay.
A lot of ideas are "ideas whose time has come". They are obvious to people in the field because the conditions are right and are going to be independently reinvented many times.
The fact that patent law can't even cope with something as simple as that shows just how ba
The new lottery and privileges system in one (Score:4, Interesting)
On the bright side, nothing makes a typical lawyer's brain implode as quickly as having to justify software patents as not being patents on ideas themselves. An algorithm is just an idea. Yet we allow them to patent the algorithm in its abstract form. Imagine that. The whole idea of the patent system being violated because non-technical people just don't get it.
The arguments for these patents, that they benefit the little guy, almost sound like a bad attempt at "social justice" rhetoric from my fellow capitalists. Capitalism is not about the little guy, it's about property rights. It has no concept of fairness except allowing people to keep their own property secure. Screw all of the aforementioned crap. Let's truly maximize property rights with a new legal idea of "the right to make new property."
Adam Smith is rolling in his grave (Score:2)
Just to set things straight, I don't think this was the vision Adam
A friendship patent (Score:2)
The Patent House of Horrors at /. (Score:3, Funny)
Oooh. Here comes the deluge of "Oh yeah, I'm going to patent
Remember, making your way around YRO Patent topics can be fun. Just tread cautiously and don't take anything too seriously. Especially off topic RIAA rants (those are just here to entertain) Enjoy the show!
PGP WoT (Score:3, Insightful)
Damn, they're going to use their 2003 patent to sue Phil Zimmermann for something he implemented a decade and a half earlier. Oh wait, PGP didn't include a "communication tool" -- it's too bad that its users never made the innovative leap of using it in combination with email.
hehe (Score:4, Funny)
Accidental infringement (Score:3, Funny)
I don't think there will be any slashdotters accidentally infringing on the patent of making friends.
Re:Accidental infringement (Score:2)
Amazing (Score:2)
Witness the continued destruction of a free market economy via the patent office.
How long before...? (Score:2)
And how long before gathering at the street corner with a case of suds will require paying royalties?
Patents are for people who can't compete with their product in the market otherwise.
Choices, choices... (Score:2)
On the other hand, this could get rid of MySpace.
Which side to choose, which side to choose...
liability 4U (Score:2)
Catalyst (Score:2)
Re:I'm still waiting for someone to file a patent. (Score:3, Insightful)
Re:A Letter to the USPTO (Score:2, Funny)