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Affinity Engines Says Google Stole Orkut Code

GillBates0 writes "Wired's reporting that a social networking software company called Affinity Engines has filed a lawsuit against Google, claiming that much of the source code behind Orkut, the search engine's popular social service, was stolen by former engineer Orkut Buyukkokten. They claim that he illegally took the code the he had written for the company -- which he co-founded -- with him when he joined Google and that Buyukkokten promised Affinity Engines that he wouldn't develop a competing social network service for Google. '"In its initial investigation, AEI uncovered a total of nine unique software bugs ... in AEI's inCircle product that were also present in Orkut.com," according to the lawsuit.'"

35 of 450 comments (clear)

  1. Just doesn't sound like Google to me... by Skyshadow · · Score: 5, Interesting
    Okay, these cases always sound a little iffy to me, but it's not impossible.

    I worked for a startup where our whole product line was based on a voice core that one of the developers had stolen from his previous employer. Ironically, it ended up killing the company -- the developer wouldn't share the code with anyone and didn't have the skill set to make the sort of changes to it we needed. In the end, we had to try and build a new core from scratch, which just put us even farther behind.

    Of course, Google ain't some startup run by a bunch of shit-for-brains dysfunctional asshole managers (not that I'm bitter or anything). Just given the sort of company Google has been (aka, not stupid), if the claims pan out it seems to me most likely that this is a situation where this developer came in and unpacked some work he'd done elsewhere -- hell, I have a set of scripts I've developed over the years that I take with me from company to company so I don't have to rewrite them (of course, none of them face the outside or even provide output to anyone other than me).

    If that's the case, and assuming this developer actually didn't have any legal rights to this code, it seems to be like Google shouldn't be liable unless this company can prove they used the code knowing it was swiped; otherwise, the lawsuit should be against this developer (not that the developer has hugely deep pockets or an impending IPO to work against).

    Alternatively, isn't it possible that this developer just reimplemented the same sort of paradigm he was used to and that caused the same sort of malfunctions? This doesn't seem to far-fetched to me, especially if the bugs are in the overall logic of the coding rather than just a misspelling here or there. I know I've made the same sorts of mistakes even on a complete reimplementation just because nobody had caught them previously...

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:Just doesn't sound like Google to me... by jjshoe · · Score: 5, Interesting

      Why is google in question? It should be the employee.

      --
      -- botsex is {grep;touch;strip;unzip;head;mount} /dev/girl -t {wet;fsck;fsck;yes;yes;yes;umount} {/de
    2. Re:Just doesn't sound like Google to me... by tcopeland · · Score: 5, Insightful

      > Ironically, it ended up killing the
      > company -- the developer wouldn't share the
      > code with anyone and didn't have the skill
      > set to make the sort of changes to it we
      > needed. In the end, we had to try and build
      > a new core from scratch, which just put
      > us even farther behind.

      Well said. I wonder how often this happens - a developer is hired in the hopes of bringing onboard magical knowledge, but it turns out to be more of an impediment than anything else.

      Perhaps there are some domains that work better for this than others - maybe writing drivers, or algorithm-heavy applications. But it seems like most businesses would be better served by writing the code themselves so they understand what it does and how it got to where it is now.

    3. Re:Just doesn't sound like Google to me... by garcia · · Score: 5, Insightful

      Because the employee isn't worth nearly as much money as the company is.

    4. Re:Just doesn't sound like Google to me... by b0r0din · · Score: 5, Insightful

      Did this Orkut guy sign an NDA or is there some sort of specific document that says he promised he wouldn't develop another social service?

      It seems like a pretty weak case, and I agree with the parent, if the company should be going after anyone, it's the person who created the code. Google shouldn't be liable for someone ripping off or developing code based on work done for another company's engine unless Google knowingly did it; and I very highly doubt they would. Only of course they know they can't sue the person himself because there isn't any money in it - if nothing else they could be trying to pocket money from other competitors who want Google to lose, just like MS funded SCO.

    5. Re:Just doesn't sound like Google to me... by DamienMcKenna · · Score: 5, Funny

      "dysfunctional asshole manager"...

      I think I know him..

    6. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 5, Funny

      Dysfunctional asshole manager must be the worst job ever.

    7. Re:Just doesn't sound like Google to me... by Jim_Maryland · · Score: 5, Insightful

      Just to show how liability works...

      My father is a plumber and was working for company X. Company X allowed him to use a company truck to take home (commute directly to jobs). One Saturday morning on his way to work, he had a medical problem (doctors were inconclusive if it was a heart attack, but they know something happened) that caused him to lose conciousness at the wheel. He went through a red light and killed a passenger in another vehicle. Now because he was in a company vehicle, the legal action was against company X rather than my father. Being that he was driving to a job site in the company vehicle, the company was liable. While financially I'm glad that my parents didn't have a direct cost to them (other than the legal side resulting in legal fees, probation, and court/probation cost), I don't believe it was really fair that the company bears the cost (insurance mostly, but still the rates are way up).

      Being Orkut is acting as an agent of Google, unfortunately the company is liable. Logically though the blame should fall on the individual, but targeting the company and the individual seems to be the legal approach.

    8. Re:Just doesn't sound like Google to me... by ComputerSlicer23 · · Score: 5, Insightful
      Yes, but you're probably still breaking the employment agreement you signed if you work in the US as a programmer.

      The company owns the copyright on the code your write for them under the legal concept of "works for hire". Unless they failed to pay you for it, they own it. You leaving the building, and letting someone else use it is a copyright violation. The employer you originally wrote it for should be able to successfully sue for copyright violation.

      Now, I have plenty of ideas stuck in my head that I've ended up re-implementing in nearly exactly the same way at two different places. I can re-implement my C++ database independent access library in a little under two weeks. I can write the reference counting classes I like to use in a day. I can implement the interface wrapper classes in about 3-4 hours. I can write the socket stream libraries, and the various SSL varients in a day or two. I can write a simple logging scheme in about a day or two. They are written at different times. I can show them as they are constructed, and demonstrate that they are clean room implementations. So I should be in the clear according to what I've read and been advised about the law.

      I ended up using the same names, and structuring the code the same way. Some one pointed out I might be breaking the NDA I signed at a former employer. So I ended up re-implementing it all again, this time going out and finding the functionality/API I wanted in publically accessable code (and implementing it from scratch to avoid licensing issues). I documented where each API/functionality idea came from, they we're strewn across several programs. This also showed that the ideas represented "current well known techniques", which no NDA can cover.

      You can use exactly the same ideas, and you can implement them at home, and take them into work and let them use them (put in the copyright that you as an individual are the copyright owner, and they are fully licensed to do anything and everything they want with it in royalty free). At least then you'd be legally doing it.

      Kirby

  2. Why? by FortKnox · · Score: 5, Funny

    Why would someone lay claim to that unscalably, buggy pile of crap they call orkut code?

    It breaks regularly, and when it is running, its slow as dirt. Honestly, I'd just suck it up and not admit that it was mine!

    --
    Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    1. Re:Why? by British · · Score: 5, Informative

      This is true.

      I get weird timeout errors. Stay idle for 30 minutes it makes you sign on again(such a pet peeve on websites), fine. But it was doing that to me for 30 SECONDS of inactivity.

      2. The message boards are dead

      3. Random error 500s out of nowhere. C'mon Google isn't supposed to break!

      4. A total sausage fest.

  3. "Popular" by Darlington · · Score: 5, Funny
    Orkut, the search engine's popular social service

    If by "popular" you mean "only used by a handful of dorks performing a sort of digital circle-jerk", then yeah, it's popular...

    1. Re:"Popular" by finkployd · · Score: 5, Funny

      If by "popular" you mean "only used by a handful of dorks performing a sort of digital circle-jerk", then yeah, it's popular...

      You are talking about the internet right?

      Finkployd

    2. Re:"Popular" by Alan · · Score: 5, Funny

      5-digits? Bah, youngster!

      Back in my day....

    3. Re:"Popular" by a_timid_mouse · · Score: 5, Funny

      I'd really like to meet that 0.297th person. They must be really skinny, or maybe really short.

    4. Re:"Popular" by error502 · · Score: 5, Funny
      You are talking about the internet right?

      ...I thought he was talking about Slashdot.

    5. Re:"Popular" by Anonymous Coward · · Score: 5, Funny

      See previous comment about "digital circle-jerk".

  4. Oh dear by TwistedSpring · · Score: 5, Funny

    If you have made promises like that to your former company, it's a pretty dumb idea to name the software that publically breaks those promises with your own name.

    "Hay guys, I won't develop any social networking services for rival companies or use the code I wrote for you!"
    "Cool Orkut, thanks, that'd be legally binding then."
    *several months later*
    "Hmm, I think I'll call the service 'Orkut'. They'll never know it was me."

  5. Maybe it's true? by Erwos · · Score: 5, Insightful

    Maybe it's true. Neatly dismissing the accuser because the defendant is Google seems foolish to me.

    If we want unbiased courts, the first thing to do is become unbiased ourselves.

    -Erwos

    --
    Plausible conjecture should not be misrepresented as proof positive.
    1. Re:Maybe it's true? by Jacer · · Score: 5, Insightful

      That means innocent until proven guilty last time I checked.

      --
      --fetch daddy's blue fright wig, i must be handsome when i release my rage
  6. Software "Porting" by elhaf · · Score: 5, Insightful

    I don't know too many software engineers that don't keep at least a library of souce code from one development job to another, regardless of the "rules". However, it seems really bold to me to say your not going to create a competing service and then create one that is named after you.

    --
    Six score characters.
    Brevity being wit's soul
    I have enough space.
  7. Re:why can't a neutral party examine? by stevesliva · · Score: 5, Informative

    It was Affinity that was rejecting the neutral expert, and Google that was offering.

    --
    Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
  8. Oh no! by doombob · · Score: 5, Funny

    My Google Stock!


    ...Wait Google's not public yet... whew

  9. Re:why can't a neutral party examine? by mahdi13 · · Score: 5, Insightful
    You've got it backwards...
    "We have repeatedly offered to allow a neutral expert to compare the codes in the two programs and evaluate Affinity's claims, but Affinity has rejected that offer. We have investigated the claims ... thoroughly and concluded that the allegations are without merit."
    This is Orkut saying that HE offered a neutral party to look and Affinity (the one's sueing Google) have refused the offer.

    The only one's trying to 'pull a SCO' here is Affinity...
    --
    "Some things have to be believed to be seen." - Ralph Hodgson
  10. Re:Hey my user page shows it was rejected... by ecklesweb · · Score: 5, Funny
    Hmmm...as a moderator you've put me in quite a quandry here. I know I'm supposed to mark "grousing about rejected submissions" as Offtopic, but what the hell do I do when folks are "grousing about accepted submissions"?

    I guess posting this conundrum is my way of abstaining...

  11. Affinity and SCO by Victor+Tramp · · Score: 5, Funny

    Hmm,

    I wonder if the fine folks over at SCO will bother to watch this.. If it turns out Affinity has a real case, SCO will see stark differences between what they're trying to pass off as a case of misappropriation, and how the Real World(tm) functions..

    --
    US$0.02++
  12. Use open source by prostoalex · · Score: 5, Interesting


    Open source social network software does exist, it's called PeopleAggregator, launched by Mark Canter of ex-Macromedia and the link goes to the Slashdot discussion of the product.

    Doesn't have all the features that some networks have, but there are plenty of Web coders out there.

  13. Re:thought that only happened to open source? by ViolentGreen · · Score: 5, Insightful

    No. That is one value of closed source. Another value is profit.

    --
    Not everything is analogous to cars. Car analogies rarely work.
  14. and the moral of the story is... by dingbatdr · · Score: 5, Funny

    If you are going to pirate some code from your
    old company and bring it to your new company,
    make sure you debug it before the world sees it.

    dtg

    --
    The truth is an offense, but not a sin.------R. N. Marley
  15. unique errors by aapold · · Score: 5, Interesting

    /* I worked for a company that had source code stolen by a former programmer, who went on to produce a very similar product for another company at about half the price. We saw identical functionality, shortcomings, even a case of a same hideously ugly sprite, and after siezing computers gobs of identical source code. Before a judge, they argued that given the same task, identical source code may result. The judge was not a technical judge who listened to arguments on this for about half a year before excusing himself... after a new judge was reassigned I remember we had Plauger lined up to testify on the ridiculousness of this assertion... while examining his copy of the code he also apparently found that identical tasks were producing identical whitespace, thanks to the original programmer's (the guy didn't even limit himself to stealing what he wrote) habit of hitting the spacebar before hitting enter on the end of every line. When this evidence was introduced the other company cut their guy loose and tried to claim ignorance. Not sure what happened there, as by this time it had dragged on long enough that they had to start letting people go, including me, and our company never recovered... */

    --
    "Waste not one watt!" - CZ
  16. Re:Stolen code by hoggoth · · Score: 5, Funny

    In another update, AEI was asked to produce the stolen code, and claims it is being held in a database that will crash and become corrupted if they make a copy of the data for anyone to read.

    --
    - For the complete works of Shakespeare: cat /dev/random (may take some time)
  17. Re:Wait. by greenplato · · Score: 5, Informative

    a simple promise won't really hold much water in court.

    Bah! Not according to contract law in the US...

    Have a look here: A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. The promise or promises may be express (either written or oral) or may be implied from circumstances. and here: Contrary to common wisdom, an informal exchange of promises can still be binding and legally as valid as a written contract.

    An oral promise can be just as legally binding as any written agreement.

  18. Re:why can't a neutral party examine? by PornMaster · · Score: 5, Insightful

    It doesn't say that Google offered a specific neutral expert. I'm sure that either way the results might turn out, that Google wants it over quick. It's trivial to find a disinterested third party to look at code and decide if Google is in the wrong or not. If they are, they can settle, if not, then Affinity lays off.

    Why spend hundreds of thousands or millions on lawyers when evidence can be obvious to a CS prof agreeable to both parties or something like that?

    Unless it's an attempt to disrupt commerce, of course. While people can use your free service, I'm having difficulty selling mine. If I can make it difficult for you, I can take you out of the marketplace.

    -PM

  19. So that's where the name came from by Frantactical+Fruke · · Score: 5, Interesting

    I was so sure it was written by a Finn that I didn't bother checking.

    You see, 'orkut' is colloquial Finnish for 'orgasms', which seemed both appropriate and something a Finnish nerd would come up with to describe social interaction.

    The power of wishful thinking...

  20. Here's the list of the 9 bugs! by callipygian-showsyst · · Score: 5, Funny
    I just got the list of the 9 bugs found in Orkut that prove it was a copy:

    • Those 18-year-old cheerleaders are really 45-year-old fat, bald men!
    • There's a member named J*sus Chr*st that's not actually the son of G-d
    • It's PAINFULLY SLOW
    • The forums are lame
    • There's only one person named "Robert" in the community "People Named 'Robert'"
    • You can be friends with *both* John Kerry and George Bush
    • Half of the users speak in unintelligible "foreign" languages instead of English
    • Kevin Rosewon't approve any friend requests.
    • The scrapbooks fill up with crap.

    Obviously, this list of bugs proves Orkut copied his code!