I had a look at the legal document from the Facebook-Lawsuit against StudiVZ. It seems that their main argument is that StudiVZ looks and feels like Facebook, that the StudiVZ Founders used their access to Facebook to copy the website, and that Facebook has been damaged as a result of that.
It is an honor for me that the Facebook Lawyers found it worthy to quote an earlier blog post on the StudiVZ-debate in their case against the German Social Network. Although some people at StudiVZ have not behaved nicely in the past, I still don’t know whether I agree with the lawcase or not.
There is no doubt that StudiVZ copied Facebook, but I think it is less clear that Facebook really was damaged by this. I don’t think it is possible to confuse the two websites: even though they look similar and have (better, had) the same look and feel, I think that StudiVZ and Facebook are quite distinct.
Especially after the introduction of new features, such as the Friend’s Feed, Facebook already gained a clear advantage over StudiVZ. This advantage is increasingly recognized by German users. My impression is that StudiVZ users are massively transfering to Facebook.
The only disadvantage that Facebook might have is that due to the data leaks and the scandals caused by StudiVZ, more people became reluctant to sign up to a new social network. Facebook could argue that StudiVZ made it establishing social network in Germany more difficult. However such a claim is not plausible given the tremendous success of other recently established social networks, such Wer-kennt-wen.de, which mostly targeted non-student usergroups.
I am not sure why Facebook is sueing StudiVZ now. I heard various explanations: they want to raise attention to Facebook, put pressure on Holtzbrinck to sale StudiVZ or are upset because
Facebook is not growing as fast as it could. I personally think that none of these explanations are true.
Firstly, a trial like this raises little interest from the average user, even if bloggers and journalists write about the trial. Press coverage does not induce viral growth, it only feeds on growth. What really produces growth in social networks is a mixture of the right network at the right time with the right people. Such a combination is hard to achieve and trials have no impact on this.
Secondly, I don’t think that Facebook is interested in buying StudiVZ because it would take too much effort to integrate the database of StudiVZ users into Facebook and such a process would clearly conflict with the Terms of Usage of StudiVZ.
Thirdly, I don’t think that Facebook is particularly concerned about its slower growth in Germany. Social networks are not directly competitors, because people use a few social networks. What Facebook ought to be concerned about is that the German Social Network landscape is highly fractured and, unlike in other countries, Facebook is not the main social network for high school students, university students, young employees, families etc.
Thus maybe Facebook is disappointed about its revenues from ads in Germany and other European countries, and tries to eliminate a competitor in the social network ad market. But I have to admit, this is only speculation on my parts.
Lastly, what makes me wonder is that if Facebook really would be after Copycats, it could easily go after sites like www.vkontakte.ru which is similar to Facebook even with regards to the colour.