Letting Famous People Interact Online? Patented! Twitter Sued

from the oh-come-on dept

Mike Wokasch accidentally alerted us to the news that Twitter is being sued for patent infringement over what may be one of the most ridiculous patents we’ve seen in a long time. The patent, 6,408,309, is for a “method and system for creating an interactive virtual community of famous people.” And yes, the USPTO actually approved this.

Reading through the claims, however, not only suggest that this patent never should have gotten anywhere near being approved, but also raises serious questions about how Twitter infringes. What’s patented sounds more like a community in which people compete to be recognized as leaders in specific fields. Twitter is just a communications platform — it has very little of what’s actually described in the claims of the patent. But for the regular patent system defenders in the crowd, can someone explain how this could possibly be seen as patentable? An interactive virtual community of famous people? Seriously?

Wokasch also points out that the “inventor” (and I use that term loosely) is a patent attorney himself. Amusingly, the copyright notice on his website says “Copyright 1999 – 2001” suggesting it’s not updated very often.



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Companies: twitter

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Comments on “Letting Famous People Interact Online? Patented! Twitter Sued”

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29 Comments
Jimr (profile) says:

Further proof USPTO is just a registry

Further proof USPTO is just a registry service. They do not have the resource or skills to validate the patents so accept them all and then shift the cost to dispute them to the courts and challengers to cover the cost of actually validating them.

They just need to add in little caveat that requires the patent must be provable (repeatable and/or implementable) and in use (or schedule to be in use) only by the proposed patent holder.

Will Sizemore (profile) says:

I think he was screwing around when he asked for the original patent and then figured out that with this stunt he can get in on the patent/copyright wars and make a name for himself. If he wins, he can gain clients. If he loses, he can still gain clients because he will know more about the system.

Even still, didn’t IRC have famous people chat LONG before this?

What about SMS/MMS?

What about collaborative appearance on television and radio?

What about summits and conferences?

Not only is this proof that the USPTO is nothing more than a registry service, but so is the friggin’ American Bar Association!

Jeff says:

I make no assertion regarding whether this patent should have been granted, I’m merely elaborating on the first claim…

Here is the exact text of Claim 1:

1. A method of creating an interactive virtual community of people in a field of endeavor, comprising the steps of:

a) selecting a field of endeavor;

b) compiling a list of members in the selected field;

c) selecting a member from the compiled list of members based on a preselected factor;

d) obtaining biographical information about the selected member;

e) processing the biographical information in a preselected format to create a personal profile of the selected member;

f) publishing the profile of the selected member on a machine readable media; and

g) allowing the selected member to interact with the profile.

Any infringer would need to be doing these exact steps. In particular, an infringer would need to be creating profiles on behalf of potential users. Twitter seems to be way off because, afaik, twitter does not create profiles on behalf of potential users. However, other professional networking sites such as AVVO.com, justia.com, vitals.com and the countless other sites that grab data from professional licensing registries and automatically create professional profiles for users would seem to be potentially infringing.

Anonymous Coward says:

I make no assertion regarding whether this patent should have been granted, I’m merely elaborating on the first claim. In particular, Claim 1 recites the following:

1. A method of creating an interactive virtual community of people in a field of endeavor, comprising the steps of:

a) selecting a field of endeavor;

b) compiling a list of members in the selected field;

c) selecting a member from the compiled list of members based on a preselected factor;

d) obtaining biographical information about the selected member;

e) processing the biographical information in a preselected format to create a personal profile of the selected member;

f) publishing the profile of the selected member on a machine readable media; and

g) allowing the selected member to interact with the profile.

Any infringer would need to be doing these exact steps. In particular, an infringer would need to be creating profiles on behalf of potential users. Twitter seems to be way off because, afaik, twitter does not create profiles on behalf of potential users. However, other professional networking sites such as AVVO.com, justia.com, vitals.com and the countless other sites that grab data from professional licensing registries and automatically create professional profiles for users would seem to be potentially infringing.

Anonymous Coward says:

A Patented Case that deserves it ?

If patents were useful and beneficial to society there would be all sorts of blogs, by IP maximissts, presenting these useful patents and demonstrating all the good they cause. The reason these blogs don’t exist because good patents hardly exist, if at all.

I was even told, by IP maximists on this blog, that the overwhelming majority of patents were good and that these, on this blog, were the exception. Of course this blog doesn’t come close to documenting all the bad patents, or even the bad patents that are presented on other blogs. So I challenged the IP maximists. If the majority of patents are good, they should easily be able to come up with more good (preferably relatively recent) patents than we should bad ones. Most of the attempted good patents they came up with were very easily shown to be bad and we can easily come up with a plethora of bad ones ourselves. I’ve presented this challenge several times on techdirt on different threads during different periods of time. IP maximists invariably fail to come up with examples of good patents. There are only like a few, if that, and in fact this is the only one I’ve seen up to date (though that particular case is still an abuse of the system)

http://www.techdirt.com/articles/20100318/1240568623.shtml

Face it, patents are worse than useless. They cause far more harm than good, at least with our current system.

nasch (profile) says:

A Patented Case that deserves it ?

And I don’t remember any patent system defender ever successfully defending a patent called out as a bad one. If they even reply (generally there’s just silence), it’s to say “well sure, THAT patent is bad, but almost all of them are good; you can’t throw out the baby with the bathwater”. The problem is the bathwater is so dirty there’s no evidence there’s even a baby in there. (did I take that metaphor too far?)

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