The Facebook lawsuit that hasn’t gone away

connectu.jpgBefore he launched Facebook at Harvard, Mark Zuckerberg worked for two brothers on a project called HarvardConnect.com that also wanted to connect students and alumni.

Zuckerberg later left that project, and showed up with Facebook. The brothers claim Zuckerberg stole their code, and sued him three years ago. The brothers later changed their company’s name to ConnectU.

They’ve been fighting ever since, and all the while Zuckerberg and Facebook have maintained the suit isn’t going anywhere. This month, however, there’s a federal court hearing on the case. Portfolio has a good summary.

The lawsuit, filed by brothers Cameron and Tyler Winklevoss, and Divya Narendra, accuses Zuckerberg, Facebook’s 23-year-old C.E.O, of stealing the source code, design, and business plan for Facebook in 2003 when he briefly worked in the Harvard dorms as a programmer for their own fledgling social-networking site, now known as ConnectU.

The plaintiffs have demanded that Facebook be shut down and that full control of the site – and its profits – be turned over to them.

Here’s an early summary of the case, after it was filed three years ago.

What’s surprising is that this case hasn’t gone away. The stakes have only increased, now that Facebook is widely considered worth more than $1 billion, and as much as $8 billion depending on who you listen to.

Three years later, we’re still no closer to knowing whether he stole code or not. What code did write for them, and was he paid for? How much were these agreements in writing, how much of it was simply oral agreements?

The most likely worst case for Facebook: Zuckerberg and his investors will agree to settle this for many millions of dollars.

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About the Author, Matt Marshall

Matt Marshall is editor and CEO of VentureBeat. Follow him on Twitter at @mmarshall, and follow VentureBeat on Twitter at @venturebeat.

  • one other note about IPOs... they tend to bring everybody & their uncle out of the wordwork, and they file suits right about the time the company goes into its quiet period.

    the intent is to fuck with the target company's IPO filing, and also fuck with their PR when they're not supposed to be saying much publicly.

    there were a shitload of these that came down right as PayPal was getting ready to go out (banks, legislators, competitors, IP claims, patent filers, etc, etc). i'm sure every company going public goes thru it, some more noticeably than others.

    however, in the end most times either thru failed suits and/or negotiated settlements, the beat goes on...
  • er, "woodwork".

    i kant spel reel gud yet, but i can has cheezburger.

    (in yr blog, makin' pour commentz)
  • "What’s surprising is that this case hasn’t gone away." Surely you mean that's unsurprising. I mean, as you say, "The stakes have only increased, now that Facebook is widely considered worth more than $1 billion, and as much as $8 billion depending on who you listen to." As the stakes are so high, why are you surprised it hasn't gone away? Of course it hasn't gone away.
  • http://albumoftheday.com/facebook/

    As an interesting comment on where the investor money has come from, view the above link. It's for interest sake and nothing else.

    Personally, I don't give Facebook more than two more years of having an relevancy. Look at how MySpace is losing it's 'cool' factor, Facebook will be the next to fall.
  • Mike
    This could be why Facebook turned down the acquisition from Yahoo, the representations and warranties would kill them if Facebook lost, and the brothers sued Yahoo for $1B.
  • By surprised, I mean that genuinely. This case has dragged on and on, and I'm surprised that if Facebook really doesn't think its going anywhere that it hasn't been settled or dispensed of yet actively by the Facebook side -- precisely because it does become a bigger issue the longer it goes on.

    However, if it is true that the UConnect brothers are quite wealthy and are going to dig in and keep fighting, maybe you're right -- its not that surprising.
  • This case was around long before talks of IPO, correct?

    The two brothers really should have set Zuckerberg to a stronger contract. Most programmers will "take" some of the code, unless specifically told not to.
  • What's important is not so much "did he or didn't he steal the code," but more "who has the proof?"

    Software companies have precious little ability to protect their IP. Patents don't really work - especially given how fast things move, Trademarks protect brand but not code which leaves only copyright, which unless stipulated in an employment contract, belongs to the writer.

    This leads me to believe that the ConnectU folk have not really got a leg to stand on - unless they have contracts. Yahoo! will still buy Facebook if it wants, but this will form part of it's due-diligence process. If they don't bite, then I expect the ConnectU people DO have something on Facebook.

    Considering many Web2.0 apps have only one way of making money for the owner (a massive payout in the form of trade-sale of IPO), it's surprising more don't document and track everything (and everyone) they touch during their growth.
  • user
    screw facebook.com and studiVZ.de and all the other thieves.
  • Doug
    :P ConnectU is rather late... It has an ugly design and it looks extremely unusable. At least FaceBook looks slightly nice, ConnectU makes me sick to the stomach.
  • Matt
    Sounds like somebody wants some money and think they found an easy way to get it.
  • Facebook may have a better design and larger following, but if the kid stole the idea, source code and business plan, he should pay up
  • This just highlights the importance of making out a contract between early founders and thier consultants. Back in the W1 boom, people practically had non-competes and NDSs printed on every business card.
  • NDAs (I have phat phingers)
  • imagine if facebook were not so successful?
  • FACEBOOK IS OFFICIALLY SHUT DO
    FACEBOOK HAS OFFICIALLY SHUT DOWN JULY 31st AT 4:49 AM

    REST IN PEACE FACEBOOK.
  • Hello! Good Site! Thanks you! tnseoofttlc
  • If this stupid. If that ConnectU site wins and is allowed control of Facebook I'll cancel my account.
  • Have any of you actually made a ConnectU account? Their site sucks! Facebook allows you to still be in HS. CU doesn't. It's limited. So of course it wouldn't be as big. There are more HS and college students put together than just university students. Not to mention Facebook is laid out better. I don't care if the guy did "steal" code. CU should have been on the ball.
  • Amy
    Stealing code happens more frequently than a person blinks. You can go to any website and view source codes - all you have to know is how to format what you're working with to make your design original. The problems arise when the big dreamers fail (ConnectU) and the wise-ass who makes a better plan (Facebook) gets lucky.

    It very well may be the case that Zuckerberg stole the idea and primary source codes after working for the Winklevoss brothers. However, you cannot copyright an idea. If Zuckerberg came up with a better design concept and made a greater website than ConnectU, all the power to him.

    The proof is in the pudding: ConnectU got no recognition and no money. They picked the short end of the stick. Therefore, when they realized Zuckerberg had struck proverbial gold with Facebook, they wanted to get their hands on a piece of the pie, too.
  • I'm not surprised that the lawsuit is still around...litigation takes forever. If "Why is it still around?" means "why hasn't it settled," that's a different question. These types of cases (trade secret, work for hire, copyright, unfair competition) are notoriously facts-and-circumstances dependent, and there's no contract here to show what the parties clearly intended. If I were Facebook and I had a deep-pocket opponent who probably turned down some modest settlement offers, I would probably stick it out on the assumption that the other side's case won't hang together.

    Not doing nondisclosure agreements, and not having a go-forward plan in place first on protecting the intellectual property, was a classic failure move on the part of the ConnectU founders. I agree that those were standard in the dot com boom and everything has become way too touchy-feely in Web 2.0 (but I am biased, as an attorney primarily for startups). This whole story is a case study in the "Anatomy of a Startup Screwup."

    Carol Shepherd, Attorney, Ann Arbor, MI
    http://arborlaw.com/blog/
  • Belinda
    Now it is interesting to me as a college student that I have never heard about ConnectU. One would think if the idea and dream of theirs were strong their site would be booming and eveyone I know including myself would have it. Facebook has become as important as the cell phone, people can't seem to function without it. It also occurs to me that there are mant websites out there that provide the same services as facebook; that of connecting people to their classmates or friends and forming new bonds. So who's to say that maybe Zuckerberg had the idea all along and wanted to partner with the brothers and when that turned sour he went his own way. Facebook has earned its badge not only domestically but internationally. I personally have connected with friends who have relocated to new countries who have fond me on Facebook. Was the business plan of ConnectU going to go that far?
  • Tom
    True, the HTML code is available to copy, but that's not what runs the majority of the inner workings of these sites... you can't just go and copy the back-end code (PHP/ASP/JSP, etc) and then use it... if the code was stolen someone had to have gotten to the source. Any reasonable judge will note that the code from 2004? whatever is not the same as it is now... they should be able to compare the backend code and older versions of it on each site to see if there are any obvious stolen chunks on either side... regardless, FB is light years ahead of CU... there is no way they'll get ownership MZ is too smart for that...
  • By reading all this, one feels that anybody can file a lawsuit.
  • why does everyone always go on about law suites. i dont get how you can steal code as the source isn't always available.
  • johnny420
    I have an Idea save the fighting
    Why don't you both Facebook and ConnectU - Merge it into One and call it Connect Facebook or make up some similiar and Both of the networks have nothing to lose so whats the fuss about?
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