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Winklevoss twins  (Source: momdot.com)
After dropping the Supreme Court appeal yesterday, the Winklevosses took the case to federal court in Boston today

Remember when we all thought the Facebook feud between Mark Zuckerberg and the Winklevoss twins was over? Well that was only yesterday, and we thought wrong. After dropping the Supreme Court appeal yesterday, the Winklevosses took the case to federal court in Boston today.

Tyler and Cameron Winklevoss went to Harvard University with Facebook CEO Mark Zuckerberg. When creating social networking site HarvardConnection (which was later renamed "ConnectU"), the Winklevosses had asked Zuckerberg to join their team after losing their programmer. He agreed and allegedly entered into an oral contract with the twins and their partner Divya Narendra. But over the following two months, Zuckerberg created his own social networking website called thefacebook.com while corresponding with the Winklvosses and Narendra about HarvardConnection.

Zuckerberg's site launched on February 4, 2004. The Winklevosses found out about it two days later and filed a lawsuit later that year.

The Winklevosses won a $65 million settlement in 2008, but filed another lawsuit in 2010 claiming that a friend had lied about the value of Facebook. In April 2011, 9th U.S. Circuit Court of Appeals Chief Judge Alex Kozinski ruled that the Winklevosses must accept their previous settlement. 

The Winklevosses were then seeking Supreme Court review, but dropped it in a filing with the U.S. Court of Appeals for the 9th Circuit in San Francisco yesterday. 

But apparently that wasn't the end of this drawn-out litigation. Today, the Winklevosses decided to ask a federal court in Boston whether Facebook "intentionally or inadvertently suppressed evidence" in regards to instant messages that were allegedly sent from Zuckerberg.

The instant messages the Winklevosses are referring to are those allegedly found in Zuckerberg's computer when Facebook's legal team conducted a search. One message outlined what he planned to do about HarvardConnection.

"I'm going to [expletive] them," wrote Zuckerberg. "They made a mistake haha. They asked me to make it for them. So I'm like delaying it so it won't be ready until after the Facebook thing comes out."

The Winklevosses noted that they wouldn't have settled for the original settlement had they known about the instant messages.



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The more I hear about Zuckerberg...
By MrBlastman on 6/24/2011 10:12:09 AM , Rating: 2
The more of a caulk he turns out to be. Karma is real, man. What goes around really does come around.




RE: The more I hear about Zuckerberg...
By GulWestfale on 6/24/2011 10:17:48 AM , Rating: 2
hmm... it looks like the twindouches are actually not the douches here. who would have thought?


RE: The more I hear about Zuckerberg...
By aharris02 on 6/24/2011 10:20:24 AM , Rating: 5
I wouldn't go so far as to say they're not douches...


By MrBlastman on 6/24/2011 10:44:59 AM , Rating: 5
Oh I'm sure they're douches in their own respect--Zuckerberg just out-douched them. He must be feeling really fresh right now...


RE: The more I hear about Zuckerberg...
By joedon3 on 6/24/11, Rating: -1
RE: The more I hear about Zuckerberg...
By drlumen on 6/24/2011 10:47:08 AM , Rating: 3
Remind me to never do business with you.


RE: The more I hear about Zuckerberg...
By tng on 6/24/2011 10:56:24 AM , Rating: 4
Buyer Beware, CYA, ETC....

These terms have been around for years, yet am I to believe that you might think that all businesses treat people like warm, fluffy kittens?


RE: The more I hear about Zuckerberg...
By Mitch101 on 6/24/2011 11:16:54 AM , Rating: 5
Reminder to drlumen dont do business with joedon3


RE: The more I hear about Zuckerberg...
By Omega215D on 6/24/2011 7:31:26 PM , Rating: 3
Put it in your Newton.

Don't do business with joedon3

*newton modifies* Donut Business with Joe's Don at 3.


By cjohnson2136 on 6/24/2011 10:47:29 AM , Rating: 2
Well there is a security thing about not letting one person do an entire project. Maybe they should have got a second programmer so there was a sort of checks and balance between the two.


RE: The more I hear about Zuckerberg...
By tng on 6/24/2011 10:52:27 AM , Rating: 2
Exactly. I noticed that you got rated down for that remark from somebody that probably has never seen the seedy underside to business competition. Zuckerberg is no angel, but smart from a business standpoint.

I have seen businesses large and small where dirty tricks like this (and worse) were used. All is fair in love, war and business.


RE: The more I hear about Zuckerberg...
By MrBlastman on 6/24/2011 11:01:29 AM , Rating: 5
While it might be fair, you have to sleep with it on your shoulders every day. Your actions, be it in personal life or in business speak highly about your character. Some people say "Who cares what they think?" and end up living a life high in money and wealth--material wealth. Just look at Donald Lapre (the tiny little ads guy)... he lived large, screwing thousands of people but finally, they've got a warrant out for him. Took a while.

I'm not saying that everyone will end up in the clink--very few will. Most of the time, the only crime committed was a moral or ethical one, which, generally, is not a violation of statutes or the rule of law, thus, they are never prosecuted or imprisoned because there is no reason to do so.

However, your life is exactly what you want to make of it--materially wealthy and personally shallow or simply content doing the "right" ethical thing and having a rich life with those around you in a social/communal way. I will say this much though... life can get mighy lonely the more people you alienate yourself from by screwing them over, stabbing them in the back or just simply being a "prick" to.

I myself would rather be able to go to bed every night without a burden of guilt on my shoulders, knowing everything I earned or did lead to other people being harmed in financial, physical or emotional ways. There is a such thing as running an "honest" but competitive business.


By MrBlastman on 6/24/2011 11:02:40 AM , Rating: 2
err... "did not lead"


By 0ldman on 6/24/2011 12:21:09 PM , Rating: 3
Agreed.
Business is business, but I remember everyone that has taken advantage of me in business. I generally do more than I charge for, just little things, but I want it done right and I want to do my customers right.

Once someone screws me, it is strictly business, no freebies, no extras, no advice without $$. Some folks are just SOL because I won't work on their equipment anymore and there is no one else within 100 miles that is qualified to do it.

The excuse of "its just business" is just an excuse.


By joeyjojojrshabadoo on 6/24/2011 1:00:06 PM , Rating: 2
Try telling that to Eddard (Ned) Stark...cause I don't think the Lannisters got the memo.


RE: The more I hear about Zuckerberg...
By Reclaimer77 on 6/24/11, Rating: -1
RE: The more I hear about Zuckerberg...
By MrBlastman on 6/24/2011 1:04:14 PM , Rating: 4
Actually, Oral contracts are just as binding as written contracts. It all boils down to the principle of "Offer and Acceptance." Study up on your business law. If you make an Offer contingent on some form of consideration (such as money) upon acceptance, then both parties have entered into a legally binding contract.

http://www.legalresearchlaw.com/blog/legally-bindi...

There are some rare cases where a contract has to be in writing to be binding such as the sale of property (which requires a physical deed) to fulfill the obligation but these are few and far between.

Oral contracts are very real and very much a part of civil law.


RE: The more I hear about Zuckerberg...
By Reclaimer77 on 6/24/11, Rating: -1
RE: The more I hear about Zuckerberg...
By MrBlastman on 6/24/2011 1:21:00 PM , Rating: 4
You are confusing Criminal law with Civil law. They are two completely separate areas and the burden of proof in each is also completely different.

While yes, it is popular to say "innocent until proven guilty," it primarily applies to Criminal law as the burden of proof seeks to show guilt beyond a reasonable doubt.

In Civil law, however, the burden of proof simply requires the plaintiff to convince the judge/jury that they are entitled to the relief they are seeking. They do not have to prove guilt at all.

Read about all this--I don't make it up. They are completely different areas of the legal system and rightly so, they serve completely different purposes. One seeks to incarcerate, penalize and rehabilitate an individual and the other simply seeks compensation for damages in a civil forum.

Oral contracts ARE valid. Do not try to dispute this until you can prove to me and everyone on here that the particular arrangement that the twins and Zuckerberg entered into could in no way be a valid contract unless it was entered into in a written fashion.

I really think you'll have a hard time doing so. Their agreement was basically an employment agreement--in this case, under a contractual 1099 basis. Zuckerberg was contracted under good faith to perform the work (programming) for the twins on their IP with the understanding that Zuckerberg would not use it for his own financial gain other than the money the twins paid him for his work. He violated this clearly by deceiving them of work being performed and then used their IP to formulate and create his own medium and platform that he could generate revenues from.


RE: The more I hear about Zuckerberg...
By Reclaimer77 on 6/24/2011 1:47:50 PM , Rating: 1
I'm sorry but their position seems very suspect to me. They already settled! Maybe what you are saying is true, and it all would have come out had they held their heads up high and perused the case in court. But they chose to settle for a cash sum, which means, they have agreed to drop the charges.

Now they want to go back and say "Well, had we known all the evidence we wouldn't have settled". That just doesn't cut it, in my opinion. You GO to trial for all the evidence to be presented, it's very possible that had they chose not to settle, that evidence would have been presented and they could have possibly won the case.

They settled, they were ORDERED to accept the settlement by a judge. This matter should be done and over with at that point.


RE: The more I hear about Zuckerberg...
By MrBlastman on 6/24/2011 2:00:37 PM , Rating: 2
We'll have to see what the judge rules. In light of the new evidence, it does clearly place Zuckerberg in a more incriminating light as they are his own words, not heresay. I believe there are a few precedents where a ruling has been revisited due to new evidence being brought to the table but I believe these precedents deal with criminal trials and not civil matters.

It all boils down to the courts though, whether they will enforce the old ruling or not. The way I look at it, purely from a third person perspective is--let them. Zuckerberg should hang by his own words in this situation. Lets let Karma run its course.

Read up on the Business Law, btw. It is very interesting and enlightening.


RE: The more I hear about Zuckerberg...
By Reclaimer77 on 6/24/2011 3:10:57 PM , Rating: 1
Karma and the Law have very little in common. Our system isn't based on people "getting" what we arbitrarily decide they deserve. I don't think I would like to live in that world.

You seem highly biased and, typically for DT, anti Facebook. That's fine I guess. But to say we should throw out a previous settlement in light of new "evidence" is very suspect. Right or wrong, when you agree to a settlement you are agreeing to drop your case out of a court for a sum of money. You speak of Karma, yet seem fine with two men going back and their word, breaking an agreement, and trying to squeeze even more money from someone.

quote:
Zuckerberg should hang by his own words in this situation.


He's not being put on trial for what he said. We've all said incriminating things, that's not illegal. The issue isn't whether or not Zuckerburg "stole" the Facebook idea. That issue died the minute they agreed to a settlement. Do you not understand that?

quote:
It all boils down to the courts though, whether they will enforce the old ruling or not.


That would seem to over-rule the judges decision to bind them to the agreed upon settlement, wouldn't it?


By MrBlastman on 6/24/2011 3:48:40 PM , Rating: 2
Sure they have little in common. What I want and what the law says are two completely different things. It is how it should be--and thussly so I can have my opinion and distance itself from what the Judge says--as I precluded my previous response it. ;)

I didn't say we "should" throw out the settlement, that's putting words in my mouth. I'm saying I'd like it if they did purely from an internal viewpoint (myself) but certainly respect the rule of law and what they may decide. We're like fans watching a game rooting for one side or the other, that is all.

quote:
You seem highly biased


I must admit you've called me out here. I am biased here as I feel Facebook is a waste of time, data and technological resources. There are many other means of communicating with "friends" (Facebook friends aren't really friends, especially when they approach the hundreds), first and foremost through the good old fashioned "voice" method (phonecall or in person).

As for them breaking their word/agreement--how is what they are doing any different than Zuckerberg shafting them in the first place. Karma. See? It is at work here. :) They had given up due to lack of material evidence and now they have some. Are you telling me that if you gave up and accepted a court ruling but later were presented with damning evidence that could definitively help your case that you wouldn't try plainly out of principle?

Litigious society steps beyond moral society as we so frequently see--and bear witness to the pure deterioration of humanity once we dwell within it. The object in question here is not a moral token but a physical one--money, and as you'll find the more years in life you witness, it is a powerful force.

Many would have a hard time not trying to go back with this new fact to try and leverage it more in their favor. Those who don't are extremely strong characters. They're pissed off, they want revenge, justice and blood and well, no fault to their human condition, want to do everything in their power to exact retribution upon Mark (and financial gain upon themselves).

I myself, I believe in sticking to what you say you're going to do--but this situation, it is quite emotional for them.

We'll see what the courts decide. I'm quite interested, indeed.


By gimmeagdlaugh on 6/24/2011 3:18:40 PM , Rating: 2
http://en.wikipedia.org/wiki/Contract

too much fb so didn't pass lsat?

quote:
Oral contracts aren't legally binding.


"If they're going to pirate somebody, we want it to be us rather than somebody else." -- Microsoft Business Group President Jeff Raikes














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