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Winklevoss Twins To Continue Fighting Facebook

An anonymous reader writes "Facebook's longest legal saga, which has lasted seven years so far, looked like it was finally closed, but that was just a false alarm. In a filing earlier this week with the federal court in San Francisco, Facebook CEO Mark Zuckerberg's former Harvard classmates Cameron Winklevoss and Tyler Winklevoss, who accuse him of stealing their idea for the social network, decided not to seek US Supreme Court review of the $65 million settlement made in 2008. Everyone thought this meant they had finally given up. It turns out that the twins have decided to keep fighting after all, just with a different lawsuit."

64 of 90 comments (clear)

  1. Dear Winklevii by JamesP · · Score: 3, Funny

    Now witness the firepower of this fully armed and operational lawyer station

    No Love

    Emperor Zuckerberg

    No, really, I'm expecting something like this. They got away with 65million already.
    It's a failure of settlement they were allowed to sue again and keep the settlement

    Now really I'm rooting for Mark to wipe the floor with them.

    --
    how long until /. fixes commenting on Chrome?
    1. Re:Dear Winklevii by drinkypoo · · Score: 3, Insightful

      "got away with"? Zuckerberg got away with his crime for a pittance of a payment in stock, and he allegedly accomplished this on the back of another crime. Rooting for Mark is like rooting for Darth Vader because some Rebel made a bad pun.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Dear Winklevii by JamesP · · Score: 3, Insightful

      If the WV had been capable of doing Facebook they would have done facebook!

      --
      how long until /. fixes commenting on Chrome?
    3. Re:Dear Winklevii by Anonymous Coward · · Score: 4, Insightful

      "Teacher, teacher! That big meanie head stole my idea!"

      Ideas are a dime a dozen. To get actual value requires--gasp--actual work. Get over it, move on, and learn how to implement your own ideas instead of being useless business majors.

    4. Re:Dear Winklevii by CharlyFoxtrot · · Score: 4, Insightful

      It's a battle between 2 millionaire douchebags from a privileged background, I'm amazed people would root for one over the other. Screw all of them.

      --
      If all else fails, immortality can always be assured by spectacular error.
    5. Re:Dear Winklevii by drinkypoo · · Score: 1

      A court obviously felt that there was merit to the claim, because they wouldn't have got a settlement otherwise. If you know you're going to successfully defend against a frivolous lawsuit by someone with some money to cover legal costs you go to court, you don't settle. The claim was not that they did facebook, so your comment is devoid of content.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Dear Winklevii by GFLPraxis · · Score: 3

      Do you know what a settlement is?

    7. Re:Dear Winklevii by drinkypoo · · Score: 1

      Do you know what a settlement is?

      Yes, it's where you agree to cough up money without a verdict, or possibly without even trying a case, because you know you are going to lose. Presumably Zuckerberg also understands this. Do you?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:Dear Winklevii by Rogerborg · · Score: 1

      Didn't we just have one our patented (pun indented) nerd frenzies over a chap settling a copyright lawsuit even though he (says) he would have won in court? Maybe you should have commented there.

      --
      If you were blocking sigs, you wouldn't have to read this.
    9. Re:Dear Winklevii by spottedkangaroo · · Score: 1

      Actually, I'm pretty sure a settlement is where you bribe the plaintiff to leave you alone for less than the cost of your defense (aka army of high paid lawyers). Doesn't really have anything to do with what you think the verdict might turn out to be, which is random at best regardless of the truth the opposing councils have sworn to seek.

      --
      Imagine if you weren't allowed to use roads because a bus company complained about your driving 3 times. --skunkpussy
    10. Re:Dear Winklevii by DarkOx · · Score: 3, Insightful

      In general I am inclined to agree but its not so simple in this case. They have always claimed that they were partners and had invested in Zuckerburg money for the start up. If that's true they are entitled to a share. That is the whole concept of venture cap.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    11. Re:Dear Winklevii by katyngate · · Score: 1

      What crime? Good for him, they just want to latch onto his good idea.

    12. Re:Dear Winklevii by jd2112 · · Score: 1

      It's kind of like a recent news story in which the Ku Klux Klan was protesting the Westborugh 'Baptist' 'church' (quotes included because I don't believe they qualify as either.) There is sinply no way to pick a 'lesser' evil.

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    13. Re:Dear Winklevii by EdgeCreeper · · Score: 1

      So by settling with the Winklevoss Twins he has made them more powerful than he could possibly imagine?

    14. Re:Dear Winklevii by MightyMartian · · Score: 1

      Except they settled. Going back to the court with some new reiteration on the same old complaint is not going to get them very far. Frankly, I think they're just trying to shakedown Zuckerberg again.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    15. Re:Dear Winklevii by drinkypoo · · Score: 1

      Not too interested in what people say any more. By their actions shall you know them. He knew he would lose. When you know you can win you can find a lawyer because they like money.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    16. Re:Dear Winklevii by MicroRoller · · Score: 1

      Settlements aren't only made when they think the cost of fighting it in court would be cheaper than settling.

      Most cases aren't slam dunk in either direction. If what was depicted in the movie was accurate then it's not unlikely that the twins had a decent chance of winning. An argument that Zuckerberg was leading them on as an attempt to develop his own version of a social network and stall possible competition seems reasonable.

      If they won they could win a lot more than $65 million. I don't know what the original amount they were seeking was. Let's say it was $300 million. Even if you think they only have a 30% chance of succeeding it's a net gain to pay $65million, save the court costs, let Zuckerberg go back to work and move on.

      Unfortunately it doesn't seem like the settlement actually settled the matter.

    17. Re:Dear Winklevii by spottedkangaroo · · Score: 1

      I actually said that. I hinted around about the fact that the outcome can rarely be foreseen beforehand. But I think the most likely of the choices were along the lines of: Z: my defense would cost more than this, fuck it, give them $60 rather than risk losing. And W: I doubt I can win this, I might as well take the $60 and then go back on the agreement and try to get it jammed in the court again to try to make maybe another $60 even if my arguments are pure bs and likely to get thrown out.

      I have little or no opinion about whether Z is a criminal or W deserves more money. All I was saying is that you can't actually tell if someone is guilty because they settle. It's probably a cost issue for the big player, who has to pay either way. The little guy probably only has to pay the lawyer if they win, and then the lawyer gets half the winnings. I find it more likely than anything that the lawyers for the little guys were saying: ahh, I don't think we can win this, we should take the offer.

      My feeling is that they did this so they could make the fast cash and run rather than having to actually work for it. And I still don't think it says anything about the merits of the case.

      I've seen lawyers work many times and it's never like law and order, it's always arguments between council away from the bench that go like this, "C'mon .... C'mon .... C'mon" ... woo hoo, we got an agreement.

      --
      Imagine if you weren't allowed to use roads because a bus company complained about your driving 3 times. --skunkpussy
    18. Re:Dear Winklevii by MicroRoller · · Score: 1

      I actually said that.

      Maybe you did. But what you typed was not anywhere close to that.

    19. Re:Dear Winklevii by ZombieBraintrust · · Score: 1

      Hell they didn't even share the settlement with the other people they suckered into helping them. They are currently being sued by their other developers.

    20. Re:Dear Winklevii by ZombieBraintrust · · Score: 1

      He did withstand the scrutiny of the courts. That is why they settled years ago. The copyrights, business arrangements, patents, and contracts were all looked at years ago. The long and short of it is the Winklevoss Twins didn't treat ConnectU like it was a business. They didn't issue contracts. They didn't discuss who owned what. They didn't even pay anyone any money.

    21. Re:Dear Winklevii by spottedkangaroo · · Score: 1

      Are you sure? "Most cases aren't a slam dunk in either direction" and "random at best" seem pretty similar to me. In any case, I expect we mostly agree if the text gets long enough, so it seems like a silly argument to have.

      --
      Imagine if you weren't allowed to use roads because a bus company complained about your driving 3 times. --skunkpussy
    22. Re:Dear Winklevii by TooMuchToDo · · Score: 1

      Yes, it's where you agree to cough up money without a verdict, or possibly without even trying a case, because it is cheaper then trying the case in court.

      Fixed that for ya.

    23. Re:Dear Winklevii by osgeek · · Score: 1

      Exactly right. A settlement is in no way, shape, or form an admission of guilt or even an acknowledgement that the suit had merit. It's just handing someone some money so they'll shut up and you can continue to run your business.

  2. Sigh by Tripp-phpBB · · Score: 1

    Can't they just be happy with what they've already won and go home?

    1. Re:Sigh by jd2112 · · Score: 1

      Can't they just be happy with what they've already won and go home?

      They appear to be students of the Larry Ellison school of thought: "You don't really win unless everyone else looses."

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    2. Re:Sigh by DemonGenius · · Score: 1

      This is just the classic case of each side wanting what the other believes they don't deserve. In the end, shareholders and lawyers win as they always seem to do, and we win because we get to laugh at these wastes of space and not have to deal with the crap they do.

      The moral of this story is, "Given enough time, those who set out to destroy themselves eventually do."

  3. Riaa by Anonymous Coward · · Score: 1

    These guys are so money hungry, they should work for the RIAA

    1. Re:Riaa by Twinbee · · Score: 1

      At first I thought that. But we don't know if they're fighting out of principle because of the supposed evilness that Facebook has done to them. I don't know how much the twins contributed to the whole thing, or what the terms of their stock were, but it could be a good thing if they win, since it will encourage other companies not to be so apparently evil.

      --
      Why OpalCalc is the best Windows calc
  4. How did he steal it? by g0bshiTe · · Score: 2, Insightful

    Seriously how did he steal their idea? When they came up with it, they couldn't have gotten it off the ground then? Did he beat them in building the site first? They couldn't have created their idea still? This seems frivolous to me. It's not like he stole their idea for a physical object and then patented the idea so they could never make it.

    --
    I am Bennett Haselton! I am Bennett Haselton!
    1. Re:How did he steal it? by myowntrueself · · Score: 4, Interesting

      Seriously how did he steal their idea? When they came up with it, they couldn't have gotten it off the ground then? Did he beat them in building the site first? They couldn't have created their idea still? This seems frivolous to me. It's not like he stole their idea for a physical object and then patented the idea so they could never make it.

      They had an idea for a site. He made them think that he was working on that site for them. Meanwhile he was working on a similar site for himself, a site which would have been competing with the site he was supposed to be building for them. He stalled them and effectively strangled their project from the inside.

      Its a fairly obvious scam when you think about it, a kind of 'denial of service'.

      What he should have done is tell them "no, I'm not going to be working for you, you will have to hire someone else." Had he done this and had they hired someone else its possible that their site would have launched ahead of his and he would have faced real competition.

      Maybe he wouldn't be the billionaire he is today had he not pulled off this scam.

      --
      In the free world the media isn't government run; the government is media run.
    2. Re:How did he steal it? by JamesP · · Score: 1

      He stalled them and effectively strangled their project from the inside.

      Its a fairly obvious scam when you think about it, a kind of 'denial of service'.

      Well, he was hired as a consultant, so it kind of makes sense.

      Sorry, couldn't resist.

      --
      how long until /. fixes commenting on Chrome?
    3. Re:How did he steal it? by Rogerborg · · Score: 1

      And "he was working" on means "he hired a guy to do it, but didn't pay him". Allegedly. The guy is the ultimate... executive.

      --
      If you were blocking sigs, you wouldn't have to read this.
    4. Re:How did he steal it? by Osgeld · · Score: 1

      what? did you just crawl out from under a rock?

    5. Re:How did he steal it? by xnpu · · Score: 1

      When someone doesn't deliver you cancel the contract according to whatever the terms agreed were. This happens all the time. Many people learn from their boss only to open shop themselves as soon as they can. I think that's quite common too.

      The Winkeldudes not handling these two very common issues well really just show their lack of experience. I don't like Suckingberg one bit, but I don't see why he owes them anything.

    6. Re:How did he steal it? by ZombieBraintrust · · Score: 1

      Well not exactly. According to the movie, they contacted him after he became famous on campus for Face Smash. Face Smash was a sort of proto Facebook where you rated how well girls look from their year book photos. They were basically all working on this type of thing before they met. I am betting they real loser in this whole thing is the guy who worked on ConnectU originally. I bet he got squat from the settlement. Probably never got paid either.

    7. Re:How did he steal it? by chrismcb · · Score: 1

      As I understand it, they hired him to write the site. He claimed he was, and then released it as his own. Imagine if you had an awesome idea for a car. You hire a craftsmen to help you build it. The guy likes your idea and says it is good and will build it for you for a small fee. He goes off and starts working on it. You communicate regularly, he tells you it is coming along. 6 months (or a year, whatever) later he says he is almost done with your product. Then he releases your product to the public as his. It is the same product you hired him to do. Did he beat you to building it, well yes in the sense that he built it, but no, not in the sense that he was supposed to be part of your team. Can you still create your idea? Sure you can find another craftsmen to built it. But you are now 6+ months late to the party, AND its not like you can build a better product because the current product IS your idea. In the sense that you gave the craftsmen the idea, and the craftsmen agreed to build it for you, and took money to build it for you, and then released it himself, then yes he stole the idea (and the product)

  5. What's the matter with them... by Announcer · · Score: 1

    65 Million ought to be enough for ANYBODY!!

    --
    Willie...
    1. Re:What's the matter with them... by Macrat · · Score: 1

      65 Million ought to be enough for ANYBODY!!

      I wonder how much that is after legal fees and taxes. 20-40% left afterwards?

    2. Re:What's the matter with them... by Announcer · · Score: 1

      I would be insanely happy to take home 10% of that, are ya kidding me?! That would be enough for LIFE! My wife and I would also use it to help our families... bigtime... and STILL have PLENTY for ourselves!

      --
      Willie...
  6. Rich assholes suing rich asshole by hsmith · · Score: 2, Insightful

    Why does anyone seem to care?

    1. Re:Rich assholes suing rich asshole by Macrat · · Score: 1

      Why does anyone seem to care?

      The enemy of my enemy...

    2. Re:Rich assholes suing rich asshole by Roduku · · Score: 1

      Thank you. That's exactly what I was thinking. Then again, maybe it'll cause Facebook to be shut down. If that's the case, I hope they sue the shit out of him and end the most obnoxious creation on the internet.

    3. Re:Rich assholes suing rich asshole by Sponge+Bath · · Score: 1

      This is important as it decides their fate at the hands of a poor angry mob. The winner is hunted like in the 1966 movie "The Naked Prey". The loser is killed and sent to the taxidermist to be mounted in a feral geek pose and displayed in the museum of rich assholes next to Larry Ellison.

    4. Re:Rich assholes suing rich asshole by EuclideanSilence · · Score: 1

      Why does anyone seem to care?

      I hope you mean "don't care" in the sense that it shouldn't be news, rather than "don't care" in the sense that it's not legally significant. I'm going to address the second one because it's what I see most people mean when they say this.

      I care if some rich person gets cheated out of his money, because laws should be applied fairly and equally whether they are rich or not. If we start with "he's rich so I don't care if he gets what he is allegedly legally entitled to" then how do you think a legislative war between us and rich people will turn out? The moment you open Pandora's box and allow special exceptions for special situations, it will get reversed on you.

      This is why we have such a horrifyingly complex tax code with giant corporations getting away with paying very few taxes. Poor people get exemptions with strings attached, higher income can afford professionals to navigate all the well intentioned tax exceptions that Pandora's box created, and the rest of us are screwed.

      Furthermore, what do you think happens to the economies of nations that no longer respect the property and rights of rich people?

      I care whether or not a rich person can sue someone just as much as I care whether or not a poor person can sue someone, because one day I might need to sue for something I am contractually entitled to.

    5. Re:Rich assholes suing rich asshole by Roduku · · Score: 1

      wishful thinking

  7. They should have had him sign an NDA by howardd21 · · Score: 1

    These two geniuses are really identical morons. They should have had him sign a non-disclosure/non-compete agreement acknowledging the intellectual property they think they had. We would not be even discussing this now.

    Furthermore, we have to acknowledge ideas grow and change; their original idea may have been similar to whatever Mark created, but it changed as soon as he started working on it. Sometimes we call these changes changes, or scope creep, or just evolution. But they always change, especially when somebody knew enters the process.

    --
    no comment
    1. Re:They should have had him sign an NDA by ZombieBraintrust · · Score: 1

      Also if they had discuss wages and the ownership split with Mark they might of got him on board with ConnectU. If he had an honest stake in their company then maybe he wouldn't have betrayed them. They were expecting free work from an underclassmen like they got with the last sucker.

  8. I say let them win... by pandrijeczko · · Score: 1

    ...if only because of the endless puerile mirth to be obtained from a social networking site called "Winklebook".

    --
    Gentoo Linux - another day, another USE flag.
  9. I wonder how much their lawyers are egging them on by gatkinso · · Score: 1

    After all, their lawyers are the only ones with something to gain in this case.

    --
    I am very small, utmostly microscopic.
  10. Time to hire a hit by nurb432 · · Score: 1

    Seriously, after this long of being a thorn its time to put them out of the picture. Especially since they were offered more money to go away than they could ever figure out what to do with.

    --
    ---- Booth was a patriot ----
  11. Re:winkle x2 by siride · · Score: 1

    "Winklevoi" would be better, since -os is the Greek masculine singular ending, and -us is the Latin equivalent.

  12. Re:Waah! I want my Bikkits! by nurb432 · · Score: 1

    Seriously, these two gentlemen are the laughing stock of the technology industry

    I don't think that really is a concern of them, all they are worried about is taking as much money as they can from mark's work as they can. ( even if it was their idea, he did the work and took the risks.. not them )

    But i do agree, regardless if they are right or wrong they look petty and stupid and should take what was offered and go home. If they are all that great, they will take that 65mil and turn it around and put mark out of business with a better idea.

    --
    ---- Booth was a patriot ----
  13. Re:Waah! I want my Bikkits! by D'Sphitz · · Score: 1

    What the hell are you babbling about? They DID act on THEIR idea by hiring Zuckerburg, who decided to take the idea and run with it himself while pretending to work on the same project for the twins. Unless you consider deception and theft to be technical creativity, how the hell is Zuckerburg the good guy here?

  14. Failure of settlement by Anonymous Coward · · Score: 1

    This seems like incompetent negotiations on the part of Zuck. The whole point of giving them $65M is that the twins go away and don't bother him again. There should be a clause that specifies "no more lawsuits".

  15. Re:Waah! I want my Bikkits! by Dogtanian · · Score: 1
    Don't know about anyone else, but every time I see someone haul out the "Waaaaah!" (i.e. "you're such a baby") it always comes across as the cheap and easy attack of a bullying child.

    Seriously, these two gentlemen are the laughing stock of the technology industry. I'd wager though that no one would say that to either of their identical faces; but isn't it worse knowing that no matter where you go your back is known as belonging to one of the leeches attempting to feed upon the technical creativity of other people?

    Well, I'm sure that they'd claim that Zuckerberg was the one who'd leached off them. Might be true, might not. And I doubt they care about your exaggerated perception that they're a supposed "laughing stock" in the industry.

    From what I've heard of the Winklevosses, they sound like a pair of overprivileged spoiled douchebags and on one level I'd be quite happy to see them go down in flames. But then I don't much like Zuckerberg either, and if he *did* rip off their idea, I wouldn't want to see him get away with that on principle.

    Generally, I agree with the other guy who said that it's two sets of tossers with lots of money playing the legal games of the privileged. The best outcome would be for Facebook to go bankrupt (not going to happen, but whatever...!), the creepy twins get nothing more and every shred of information relating to the privacy-contemptious Zuckerberg's personal affairs leaked and sold to the highest bidder.

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  16. So... by asCii88 · · Score: 1

    Does this mean we'll have a sequel for The Social Network?

  17. It was only an idea. Ideas are worthless by 91degrees · · Score: 1

    The Winklevoss twins offer no contract, no NDA and no reason not to work for a competitor. They had nothing to stop him from stealing their ideas. Ideas aren't copyrightable. They're easy to come up with. It's execution that matters.

    Now these guys had money, or at least access to money. The could easily have hired a coder, full time, got a site together in a month. Maybe nothing amazing but it would have done the job, and been first to market and that's what's important.

    They made a bad Business decision. Zuckerberg took advantage of this bad business decision. That's the world of business for you.

  18. Zuckerberg should be in prison. by mosel-saar-ruwer · · Score: 1

    The Palin Hacker did far less than this, yet he's facing hard time in the federal pen; this case shouldn't be in the civil courts - it ought to be playing out in the CRIMINAL court system:



    How Mark Zuckerberg Hacked Into Rival ConnectU In 2004
    Mar. 5, 2010
    http://www.businessinsider.com/how-mark-zuckerberg-hacked-connectu-2010-3

    ...At one point, Mark appears to have exploited a flaw in ConnectU's account verification process to create a fake Cameron Winklevoss account with a fake Harvard.edu email address.

    In this new, fake profile, he listed Cameron's height as 7'4", his hair color as "Ayran Blond," and his eye color as "Sky Blue." He listed Cameron's "language" as "WASP-y."

    Next, Mark appears to have logged into the accounts of some ConnectU users and changed their privacy settings to invisible. The idea here was apparently to make it harder for people to find friends on ConnectU, thus reducing its utility. Eventually, Mark appears to have gone a step further, deactivating about 20 ConnectU accounts entirely...




    Zuckerberg is a psychopath - the specter of him being one of the wealthiest [and most powerful] people on the planet ought to send a chill down your spine.

    1. Re:Zuckerberg should be in prison. by osgeek · · Score: 1

      The Palin Hacker did far less than this, yet he's facing hard time in the federal pen;

      I wasn't aware of the hacking accusation for Zuckerberg (if it wasn't in the Social Network, I haven't really paid attention) - but those things only look similar on a technical level.

      "The Palin Hacker" was hacking in the cause of subverting an election. As a society, we take messing with the election process a lot more seriously than we do messing with random web sites of would-be college entrepreneurs.

  19. Re:Waah! I want my Bikkits! by MightyMartian · · Score: 1

    He isn't. What Zuckerberg is more bloody-minded and clever. In the world of business that means he wins. This isn't a good guy-bad guy scenario, it's about who had more acumen, daring and sheer desire to conquer, and Zuckerberg, being the antisocial hateful misfit that he is, has what it takes.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  20. Are those guys Ferengi? by Hamsterdan · · Score: 1

    That's just pure greed IMO.

    Seriously, that amount is around what, 50-60 times what the average north-american worker will earn in his *whole life*...

    (Why anyone would even *need* more than that is beyond me.)

    Even after taxes and everything, let's say even 20M $, just the interests on that will allow anyone to never worry about being able to afford something. Heck, just gimme 1M , and I'm retiring at 40...

    --
    I've got better things to do tonight than die.
    1. Re:Are those guys Ferengi? by euroq · · Score: 1

      What you are implying is that it is OK to steal from rich people because they have lots of money. I know that's probably not something you agree with, but that is the result of letting somebody steal something from you and then saying they shouldn't fight back for it because they already have more money than most others.

      --
      Just because the U.S. is a republic does not mean it is not a democracy. Democracy/republic are not mutually exclusive.
  21. Spelling and grammar fail by obscured_dude · · Score: 1

    " Everyone thought this meant they had finally given up. It turns out that the twins have decided to keep fighting after all, just with a different lawsuit." " Should be..." Everyone thought this meant the winklevoss's had given up, it turns out that the twins have deicded to keep fighting suckerberg after all, in a different lawsuit." Or something like that...