Lawsuit ruffles Twitter's feathers

Intellectual property (IP) tied up in web-based social networks has become as topical as the sites themselves in recent months. The newest development in this online saga comes as Twitter is named in a software infringement suit. Texan software developer TechRadium alleges that Twitter has infringed three of its patents describing notification and response tools – technologies that the plaintiff sells as a stand-alone product.

According to papers filed this month in the Houston division of the Southern District of Texas, TechRadium has claimed a number of similarities between Twitter's functionality and that of its own software.

The company states that it 'develops, sells and services mass notification systems that allow a group administrator or Message Author to originate a single message that will be delivered … to members of a group of Message Subscribers'. With the aid of its system, a 'member of a subscriber group can receive such a message in their choice of any combination of voice message, text message e-mail and so on'.

The papers stress that a key feature of TechRadium's system is 'a database for storing the contact device information of the subscriber, priority for each selected device, and language preference'. This database also allows subscribers to bond together in special interest groups. A facility similar to this is available on Twitter through its 'hashtag' system, in which users can pool their interests by typing short phrases prefixed with a hash symbol (such as #intellectual property) into their Twitter posts.

TechRadium's suit adds that the database also features a 'priority order for contacting such groups' with 'the capability to generate response data that sends a message back to the Author confirming whether the message was successfully delivered or not, and the time and date of the delivery or attempted delivery.'

Marketed under the brand name IRIS, or Immediate Response Information System, the plaintiff's software comprises three US patents: 7,130,389, issued in October 2006; 7,496,183, issued in February 2009 and 7,519,165, issued in April 2009. Together, the tools eliminate the need for an author to send multiple identical messages, and allow each subscriber to choose their preferred method of notification.

TechRadium is seeking damages for lost profits and reasonable royalties, and says that it is willing to license its patents to any relevant parties – including the defendant. The lawsuit comes at a time when IP linked to social networks is becoming ever more competitive, and high-profile sites continually renovate themselves in an effort to widen their user groups.

Industry experts are currently awaiting the launch of Facebook's new, bare-bones version, which has been given the working title 'Facebook Lite', although similarities gleaned from early screenshots have been cited between this and Twitter. In a statement this month, Facebook announced: 'We are currently testing a simplified alternative to Facebook.com that loads a specific set of features quickly and efficiently.'

Groundwork on the 'Lite' version follows Facebook's acquisition of rival social network FriendFeed, and the IP held therein. The online network industry is sure to keep watch on TechRadium vs Twitter, to see whether the case will establish rules for stylistic approaches.