Facebook Embroiled In Suit For ‘Copying’ Photo App & Crushing It From Existence
Images via Nick Fox / Shutterstock.com and Hypno
While the image of Mark Zuckerberg’s metaverse double is the one being burnt into the public’s memories, it’s his selfie-taking that has cost one brand its entire business. Phhhoto, a popular app from years back, has said it was forced to close down because of interference from Facebook, now Meta, and its founder himself. Phhhoto’s founders are now suing the social network for allegedly forcing the app out of operation.
The lawsuit details that Facebook executives, including Zuckerberg, personally downloaded Phhhoto and used it in 2014. Later, Instagram co-founder Kevin Systrom and other senior managers did the same.
The New York Times reports that Facebook had approached Phhhoto with the suggestion to integrate the latter into its services, but nothing came out of this conversation. This act was all for show, Phhhoto’s creators claim—adding that Facebook merely wanted to replicate its core feature of stitching images into looping videos, which you might recognize as Instagram’s Boomerangs today.
For context, here’s a preview of a Phhhoto clip:
Image via Hypno
Phhhoto had a notable user base when it was live. The app was even promoted by celebrities by the likes of Beyoncé, Katy Perry, and Miley Cyrus, the Times notes.
Even though a deal didn’t transpire, Instagram introduced the Boomerang feature just hours before Phhhoto was to launch a full Android app, according to the document. This not only overshadowed Phhhoto’s plans but also stole some of its media coverage. Android users would have less reason to install Phhhoto, as a result.
Facebook now faces accusations of antitrust violations by Phhhoto’s creators. The photo startup is represented by renowned lawyer Gary L. Reback, who was the attorney for the Justice Department in suing Microsoft back in the 1990s, the Times reports. Microsoft eventually settled.
Besides launching a competing product, the Facebook-owned Instagram even suppressed settings for the Phhhoto app so users couldn’t locate Instagram contacts, the suit elaborates. “Instagram was apparently upset that Phhhoto was growing in users through its relationship with Instagram,” says the filing.
The visibility of Phhhoto’s content was further limited on Instagram, apparently forcing Phhhoto to shutter in June 2017. The app could no longer survive due to “lacking investment or any other means to remain viable,” notes the complaint. According to a 2017 report by TechCrunch, following the closure, Phhhoto’s parent company Hypno shifted its focus to leasing physical photo booths at events.
Reback tells the news outlet that this legal battle is unique because of Zuckerberg’s personal involvement with the development of a similar product.
Phhhoto’s founders are seeking monetary damages from Facebook, though how much they are asking for is unclear.
A spokesperson for Meta, the rebranded Facebook, responds: “This suit is without merit and we will defend ourselves vigorously.”
[via PetaPixel and The New York Times, images via various sources]
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