I am curious to see how long Facebook leaves this app up after this WSJ article. Scrabulous, a Facebook app made by third-party developers, is an obvious knock-off of Scrabble. One might reasonably raise copyright and trademark issues related to it (perhaps the Scrabulous developers could withstand these complaints; query as to Facebook’s willingness to put itself in harm’s way, though, as potentially secondarily liable). Coming our way in the near-future, a new form of Web 2.0-fired dispute: there are very interesting issues brewing related to Facebook’s role as a platform for other applications and its policing function. Interoperability is a great thing, and Facebook has done well to open up its API. But when a controversy strikes over an app that is framed in Facebook, on which developers and investors have invested time and capital, and into which people have mixed their personal information, who decides whether the app stays or goes? The judge and jury are likely to be Facebook employees, at least in the first instance. Jonathan Zittrain has been teaching about this issue of Private Sheriffs for a long time, with more on this topic coming in his forthcoming book, The Future of the Internet — and How to Stop It.
How Long Will Scrabulous Last in Facebook?