The cognoscenti are up in arms over Facebook’s recent patent on social network newsfeeds. Some say this is proof that Facebook is evil and doesn’t care about internet users. As a keen student of patent strategy over the last several years, I have a different opinion: Given the current legal landscape of patent law, Facebook is simply operating as a rational actor.
The most likely explanation is that Facebook applied for the patent only as a defensive measure. What this means is that they want to use this patent as leverage against other companies that in turn might sue Facebook for emulating features that those other companies have patented. In the lingo of patent law, Facebook is buying themselves “freedom to operate” by ensuring they can incorporate features from other networks which add value to Facebook. That can’t be bad for users.
But, for fun, let us assume a world where Facebook is indeed malevolent. Once they’ve locked up patents on newsfeeds, they go around suing every other social network that has incorporated this feature. In reality, that would be profoundly unwise because those competitors are likely to hold patents that Facebook infringes. The resulting lawsuits, countersuits, and counter-countersuits would produce no winners. Just a waste of time and money. Everybody knows that would be the outcome so it is unlikely to happen.
Sure, software patents may be bad for innovation. Sure, this specific patent may not be valid. But the fact is that Facebook has to run their company under today’s policy regime. From a patent perspective, it’s a dangerous world out there. Facebook needed this newsfeed patent to protect themselves. It will be a potent “peace-keeper” that will deter other companies from engaging in frivolous litigation, no matter if Facebook is benevolent or malevolent.
Facebook, please don’t prove me wrong.
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