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
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
"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
The Winklevosses noted that they wouldn't have
settled for the original settlement had they known about the instant messages.
quote: 3. "Harvard Connection" doesn't seem to have world wide mass appeal like Facebook. We simply cannot say someone "got rich" off "their idea" when it's clear their idea wasn't going in the same direction as Zuckerburg's.
quote: 1. Facebook wasn't their "idea". Harvard Connection was. Which we can't prove would have been exactly like Facebook, and neither can the twins.
quote: He wasn't "hired", it was a verbal agreement. There was no contract or express terms dictating Zuckerbergs responsibilities in this regard.
quote: Except you don't know the direction they were heading. thefacebook started as harvard only and then slowly expanded. You don't know that the twins might have thought "hey let's rename and expand"
quote: Zuckerburg was brought on to the idea to make the Harvard Connection. Why would he have made the Harvard Connection any different from thefacebook? He would of done the same thing but with the name being Harvard Connection.
quote: But I do think that these IM logs showing that Zuckerberg was deliberately screwing the twins over should be brought back to court.
quote: 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.
quote: This is because there are things coming to light that evidence was withheld and the like.
quote: So the concept that evidence was held is absurd when trials are where evidence gets presented.