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Court Rejects Winklevoss Twins' Facebook Appeal

angry tapir writes "A US federal appeals court has denied a request by the Winklevoss twins to release them from their settlement with Facebook over their allegations that Mark Zuckerberg improperly appropriated their idea for the social networking site. Cameron and Tyler Winklevoss, along with another Harvard classmate, agreed to the settlement in 2008 but the twins later asked a district court to let them back out, saying they were misled by Facebook about the value of the company's shares they received as part of the deal. On Monday, a three-judge appeals court panel sided with the lower court, noting that the Winklevoss twins have actually fared quite well since the settlement was hammered out because the value of Facebook, pegged recently at around $50 billion, means that their shares have more than tripled in value."

28 of 106 comments (clear)

  1. Knowledgeable by Warbane · · Score: 5, Funny

    ITT: Commenters who have seen The Social Network and, accordingly, are now experts on the matter.

  2. Made my day.. by NovaSupreme · · Score: 5, Insightful

    ""The Winklevosses are not the first parties bested by a competitor who then seek to gain through litigation what they were unable to achieve in the marketplace."
    I wish judiciary was that clear and just in other cases, but this comment made my day.

    1. Re:Made my day.. by NovaSupreme · · Score: 5, Interesting

      PS: the reason I went so ga-ga over this new was because of a much sobering ruling I saw yesterday - http://www.nytimes.com/2011/04/10/opinion/10thompson.html but I digress..

      PS2: Since Winklevosses claim to have had the original idea and design, they should have known how much $$ worth was their site. So, how did they got duped by Zuck? Glad judges saw through it..

    2. Re:Made my day.. by Fluffeh · · Score: 2

      that article is amazing. that guy needs to go on a vigilante shooting spree just to make things right!

      No, two wrongs don't make a right. What this guy needs is a civil suit that can't be overturned :)

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
  3. Re:Not rich enough yet? by betterunixthanunix · · Score: 3, Insightful

    On the other hand, as far as anyone can tell, they did come up with the idea, and they did have an agreement with Zuckerberg that he would implement it. Now, this business with trying to renegotiate their settlement is another matter, but I can certainly think of greedier people.

    --
    Palm trees and 8
  4. Re:Not rich enough yet? by lorenlal · · Score: 4, Insightful

    And if you look up weasel, you'll see Zuckerberg. It's irrelevant if they're greedy. If they were lied to, and screwed that's still bad business. If they really don't have a case, as the appeals court suggests, then too bad so sad.

    But being slimy, greedy, or even just a bad person doesn't make you wrong. Signing a bad agreement does.

  5. Eduardo by Compaqt · · Score: 5, Interesting

    Speaking of greed, the way that Zuckerberg is reputed to have treated Eduardo, his partner, and the one who put up all the initial investment money for Facebook is worse than the situation with the W twins.

    He is reputed to have taken Eduardo's 30-some percent share down to 0 or so by issuing new stock to venture capitalists while keeping his and Sean Parker's percentages stable.

    One phrase for dealing with startups: "non-dilutable shares"

    --
    I'm not a lawyer, but I play one on the Internet. Blog
    1. Re:Eduardo by Anonymous Coward · · Score: 2, Interesting

      look at these people's net worth measured in billions. 10 figures. they could give away a million dollars a day for 3 years and still have more money than the average guy makes in a decade. at that level you're not a weasle or a slimebag - you do whatever the fuck you want whenever you want and thank god you're not one of us. Zuckerberg and Eduardo are still good friends.

    2. Re:Eduardo by mbkennel · · Score: 2

      Mark Zuckerberg could have fired him, but he didn't just fire him. He stole everything from him.

  6. Link to the full opinion by chazzf · · Score: 3, Informative
    --
    No statement is true, not even this one.
  7. Re:Not rich enough yet? by WonderingAround · · Score: 2

    How could he be a saint? ginger's have no soul's

    --
    It's like the mind going AWOL, it's there somewhere
  8. I have no sympathy by drb226 · · Score: 2

    for people that didn't actually do any of the actual *work*. The Winklevi are like the ultimate PHBs, but worse.

    1. Re:I have no sympathy by lymond01 · · Score: 4, Insightful

      Actually you're right, but not for the reason you think. They hired someone to do some coding for a very good idea they had. What they failed to do is manage him properly and get a proper contract signed. They had a great idea but zero business sense -- which is understandable as they were Harvard undergrads. I'm kind of surprised they're getting any money at all. That being said, Facebook guy is a douche. And the world, legal loopholes or no, would be better with less douchiness.

  9. Re:Hacks by ecorona · · Score: 2

    There's no telling if the Winklevii would have taken the site in the same direction did if they weren't screwed over. Facebook was initially local as well.

  10. Re:dubious logic by chazzf · · Score: 3, Informative

    If you read the opinion itself the court's holding did not rest on this observation, which was made in closing.

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    No statement is true, not even this one.
  11. "Told them???" by Anonymous Coward · · Score: 2, Insightful

    The illusion that the company is "worth $50 billion" would evaporate rapidly if an actual effort were made to liquidate it.

  12. Re:Not rich enough yet? by Anonymous Coward · · Score: 2, Insightful

    That's nonsense. I have an idea, I want to make a jet pack. I'm not intellectually or creatively capable of actually creating said jet pack myself, so I'm going to find a student at say MIT and see if he can do it for me. Dang it, the student thought the jet pack was a great idea too, but now he has his own vision for how he wants to build it. But we had a verbal agreement, he said he'd do it for me. A decade later, he's a billionaire, I thought of the jet pack idea and now everyone is flying around. I'm pissed. I know, this is America, I'm going to sue him for every penny he's earned for all of the work he put into actually making the idea, a reality.

  13. Re:Not rich enough yet? by Ihmhi · · Score: 2

    The judge's point seems to be the following: you want to back out of the deal because you believe that the shares you were given as part of the settlement were not valued as highly as originally stated. However, those shares are worth a lot of money though, so things have worked out pretty peachy keen for you guys. Please stop wasting any more of the court's time.

  14. Re:Not rich enough yet? by Anonymous Coward · · Score: 4, Funny

    Aha Mark, nice try posting as AC, but we KNOW your writing style. You may not think that we are talented, but we actually are. You have been figured out by this dynamic duo. Yessir, yessiree. As Darth Vader once said, all too easy!
     
    --The Winklevoss Twins
     
    P.S.: You owe us a larger undisclosed amount of shares.

  15. Re:Not rich enough yet? by 517714 · · Score: 2

    It's more like, you signed a deal that specifically excludes anything said during the negotiations from being admissible in court. So live with that part of the deal. Since the Winklevosses have no evidence, they can't prevail. The relative value of the shares then and now are irrelevant.

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    The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
  16. Let see if we got this straight. by Nyder · · Score: 2, Insightful

    Loser dude, who can't meet chicks on his own, steals idea of social network, fucks over his partners, gets rich, gets laid, still is a loser.

    Did i get it all?

    --
    Be seeing you...
    1. Re:Let see if we got this straight. by Anonymous Coward · · Score: 2, Interesting

      Loser dude, who can't meet chicks on his own, steals idea of social network, fucks over his partners, gets rich, gets laid, still is a loser.

      Did i get it all?

      Don't be stupid. Even Zuckerberg has openly dismissed the claim made by the movie The Social Network that it was about getting laid. The getting laid part is just the minimal amount of Hollywood spin required to keep a consistency in all works produced that keeps Women whores and Men unproductive from the cheating - its just a form of control with little bearing on the underlying story or on the real-life people the characters are modeled after. Facebook is about controlling people through the sale and exploitation of their personal information - not getting laid.

  17. Look at his UID by Anonymous Coward · · Score: 5, Funny

    GP has been here for a very long time. Hell, he probably is actually a grand parent. He has years, decades even, more experience about not RTFAing than the rest of us.

  18. Re:Not rich enough yet? by Joce640k · · Score: 2

    On the other hand, as far as anyone can tell, they did come up with the idea...

    For social networking? No they didn't.

    For Facebook? No they didn't, they had an idea which was much more restricted and close-minded.

    Without Zuckerberg their idea would have died in six months, leaving them in debt. They've done zero work and they're multi-millionaires now.

    If I had their money I'd be retired on an island somewhere. STFU already.

    --
    No sig today...
  19. Re:Discount Swarovski Crystas by Joce640k · · Score: 2

    WTF? If there's one place NOT to spamvertise Swarovski Crystals... they just found it.

    --
    No sig today...
  20. Re:Not rich enough yet? by jjohnson · · Score: 2

    They didn't come up with the idea. They said themselves that friendster already existed at the time. Their angle was making it exclusive to Harvard.

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    Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  21. Re:Not rich enough yet? by mwvdlee · · Score: 2

    Here's a more detailed story, including citations: http://en.wikipedia.org/wiki/ConnectU
    The movie isn't that far off when it comes to the communication between zuckerberg and the twins. Characters and drama are obviously embelished and I don't know about all the stuff unrelated to HarvardConnection, but atleast this part seems to be reasonably accurate.
    Long story short; Zuckerberg agreed to do the project, didn't deliver and released a nearly identical project of his own.

    Ofcourse, trying to get out of a settlement is a whole different matter; that's just sad. The idea of a settlement is to end a legal battle, not to provide fertile grounds for more lawsuits.

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  22. Re:Business is War, Be Smart, & Don't Emulate by osgeek · · Score: 2

    I beg to differ. An initial idea is worth almost nothing. The initial ideas for social network sites were already out there. People have great ideas all the time that they just don't do anything with. I started my career right before the Internet took off and lived in Silicon Valley hanging out with people from Apple, Netscape, Exodus, Sun, etc. Whenever the next big idea hit like Ebay, some acquaintance would say, "Damn, I had that idea 2 years ago."

    Yeah, well, ideas are barely worth shit.

    Discrimination of which ideas to pursue and how to refine them as well as the willpower and ability to execute upon them are vastly more important. Some funding is nice, too.

    Guys like Zuckerberg who go after it, not letting anything stop him will succeed time and time again.