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February 12, 2009 5:42 AM PST

Facebook valuation 'shocker' another reason to be skeptical of media hype

by Caroline McCarthy
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Here's a message for all the tech bloggers and reporters freaking out over the alleged Associated Press bombshell that some copy-paste legerdemain led to the revelation that Facebook valued itself at $3.7 billion at the time of the ConnectU vs. Facebook court settlement:

Please, chill out! This is not news!

While it had not yet been reported that the ConnectU settlement was a reported $65 million (though since it was in cash and stock, that value may have dropped with the onset of the recession), the $3.7 billion Facebook valuation has been around since July.

The New York Times' Brad Stone broke the figure--well, $3.75 billion--amid the hullabaloo surrounding the redacted court transcripts. I know we're bloggers and we have the attention spans of goldfish and all, but the hype over this "shocker" is a bit silly.

Earlier this week, the AP had obtained court documents dating back to June, when ConnectU vs. Facebook was settled. The founders of ConnectU, former Harvard classmates of Facebook founder Mark Zuckerberg, had sued the eventual CEO because they alleged he stole their intellectual property when he was employed as a programmer for ConnectU. But the court documents were kept sealed, largely because there was information pertaining to the privately owned Facebook's valuation. Media outlets, among them CNET News, had lobbied to have the redacted documents made public. The AP eventually used a copy-paste function in an electronic version in order to expose the censored content. Oops.

ConnectU, meanwhile, has contested the settlement because its founders, who include identical twins and Olympic rowers Cameron and Tyler Winklevoss, claimed they were misled as to how much Facebook was worth.

Facebook's valuation has been the subject of scrutiny ever since Microsoft invested $240 million in the social network at a sky-high $15 billion valuation. But that investment was one of preferred stock, and it soon became clear that Facebook's paper valuation was significantly lower.

The AP story does have one new tidbit: Facebook was appraised at $8.88 per potential share as part of the $3.7 billion valuation. That figure obviously has dropped since then, given the impact of the recession.

Aside from that, this is a story that was reported almost eight months ago. Keep calm and carry on, folks. To my fellow members of the media, I'm sure there's a "cool new use for Twitter" story to be reported. We clearly can't get enough of those.

Originally posted at The Social
February 10, 2009 11:30 AM PST

ConnectU founders get $65 million from Facebook?

by Caroline McCarthy
  • 2 comments

Talk about spilling the beans: A marketing brochure for law firm Quinn Emanuel Urquhart Oliver & Hedges, which represented would-be social network ConnectU in its much-publicized suit against Facebook, claimed that the final settlement netted the site's founders a handsome $65 million in Facebook stock and cash.

Oops.

A Law.com article dug up the brochure and its claim, and has posted a .pdf file on the Web. According to the same article, principals at the law firm now regret posting the results. Meanwhile, ConnectU remains in a fee dispute with Quinn Emanuel, a fact which came to light when the plaintiff changed its mind about the suit's eventual settlement last year.

ConnectU was founded by twins Cameron Winklevoss and Tyler Winklevoss, along with their classmate Divya Narendra, when all three were students at Harvard University. They hired Mark Zuckerberg, now the CEO of Facebook, as a programmer and eventually alleged that he swiped their code and business model to create the now-ubiquitous social network.

ConnectU vs. Facebook, which had dragged on since 2004, eventually settled in August right around when Cameron and Tyler Winklevoss, who are identical twins, were finishing in sixth place in a rowing event at the 2008 Olympics in Beijing.

It seems like a staggering amount, considering the casual terms of ConnectU's employment agreement with Zuckerberg had meant that it was very difficult for the Winklevosses and Narendra to prove that there had been a physical theft of code. So keep this in mind: Even if Facebook's valuation is nowhere near the $15 billion that it was valued at in the halcyon days of that $240 million Microsoft investment, $65 million is fairly small potatoes for Zuckerberg & Co. They were likely willing to make some concessions to get a longstanding legal tiff off the table. (CNET Networks, then-publisher of CNET News, had intervened in the lawsuit for the limited purpose of trying to unseal some court records.)

Facebook, unsurprisingly, has opted not to comment on this situation.

Originally posted at The Social
August 12, 2008 11:44 AM PDT

ConnectU-Facebook fight one stroke closer to finish line

by Caroline McCarthy
  • 2 comments

As twins Cameron and Tyler Winklevoss power toward Wednesday's semifinal in the rowing events of the Olympics in Beijing, their longstanding court case against Facebook is winding down.

A San Jose, Calif., judge ruled late last week that ConnectU, the start-up that the brothers founded with Harvard classmate Divya Narendra, must transfer its stock to Facebook as part of the settlement acquisition by Tuesday, despite the claims on behalf of ConnectU that Facebook failed to disclose its true valuation when negotiating the terms of the settlement. The start-up's founders alleged fraud on Facebook's part, and claimed that irreparable harm would ensue from the settlement going through in its present form.

Facebook had been valued on paper at $15 billion when Microsoft took a $240 million stake last November. But that valuation was specific to Microsoft's preferred stock and the business deal surrounding it, Facebook said. Its real valuation is between $3 billion and $4 billion--reports place it at $3.75 billion.

Judge James Ware ruled last Friday that while ConnectU's appeal can be heard, the settlement has to go through first. "The longer the court delays in enforcing the settlement between the parties, the more likely the value of the consideration subject of the settlement (i.e. the value of the stock of each company) will change," Ware wrote in his ruling. "This means that the status quo cannot be preserved with a stay."

Ware originally rejected claims of fraud in June, prompting the appeal.

ConnectU's founders are slated to receive a mixture of cash and Facebook stock as part of the settlement. They originally sued Facebook in 2004, claiming that founder Mark Zuckerberg had swiped their code and business plan after being employed as a ConnectU software developer.

Originally posted at The Social
June 5, 2008 12:21 PM PDT

ConnectU: We're not through with Zuckerberg

by Caroline McCarthy
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Scandal fans, rejoice--the crimson-hued nastiness between ConnectU and Facebook ain't over yet!

Court documents filed on Wednesday reveal that the founders of ConnectU, who claim that Facebook czar Mark Zuckerberg pilfered their business plan and code, are touting new "smoking-gun" evidence against the 24-year-old billionaire.

Facebook settled ConnectU v. Facebook in April, but ConnectU founders Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra say a search for related documents has produced some results.

Forensic expert Jeff Parmet was commissioned by ConnectU to trawl through Facebook hard drives after a court order opened them up for discovery in September.

Under an agreement that he would not discuss anything with ConnectU except developer code, Parmet produced a collection of documents to Massachusetts district court judge Douglas P. Woodlock that included the aforementioned instant-messaging logs.

But Woodlock's response was one of skepticism, especially considering that ConnectU had already signed the paperwork to settle the longstanding lawsuit. The three founders, who attended Harvard University alongside Zuckerberg, have been engaged in legal action against Facebook since 2004.

Documents filed Monday reveal that ConnectU also hired a new lawyer, D. Michael Underhill of the Washington, D.C.-based law firm Boies, Schiller & Flexner. The settlement is set to be approved June 23 in a court in San Jose, Calif., which is dealing with Facebook's countersuit against ConnectU that alleged its founders hacked Facebook's code to mine its member directory.

Facebook representatives could not immediately be reached for comment.

Originally posted at The Social
April 7, 2008 12:08 PM PDT

Did a new court development spark Facebook-ConnectU settlement?

by Caroline McCarthy
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Earlier on Monday, reports surfaced that Facebook may be close to a settlement on its longstanding legal dispute with former rival ConnectU, after several years of dismissals, appeals, and general unpleasantry. But a recent court ruling suggests that the timing may not be entirely random: a judge in a U.S. court of appeals ruled that ConnectU was allowed to reinstate its case, reversing Facebook's request for dismissal.

Documents filed last Thursday from ConnectU vs. Zuckerberg et al., which has been handled in a Massachusetts district court, reveal that a senior circuit judge in the court of appeals opted to allow ConnectU to reinstate its case.

"We hold that the jurisdictional claim in the amended complaint warrants full consideration and constitutes a viable hook on which federal jurisdiction can be hung," the court document read. "Because this holding is at odds with the conclusions reached by the court below, we reverse the order of dismissal and remand for further proceedings consistent with this opinion."

ConnectU founders Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra had originally filed suit against Facebook's founders in September 2004, claiming that CEO Mark Zuckerberg had nabbed their code and business plan while employed as a programmer for ConnectU when all four were students at Harvard. Also named in the suit were four early Facebook employees as well as the Facebook corporation itself.

In July, the Massachusetts court had requested that ConnectU present more concrete evidence to support its case, indicating that the would-be social-networking site didn't have enough of an argument against Facebook. Facebook, meanwhile, argued that ConnectU's claims were moot and requested that the case be dismissed.

But in the documents filed Thursday, the appeals court decision ruled clearly in favor of ConnectU. "Although the defendants have advanced other arguments, those arguments are either unavailing, or inadequately developed, or both," the ruling read. "We reject them out of hand and, for the reasons elucidated above, we reverse the order of dismissal."

Originally posted at The Social
April 7, 2008 6:49 AM PDT

Facebook reportedly will settle ConnectU lawsuit

by Caroline McCarthy
  • 1 comment

You're likely to be disappointed, those of you who were secretly hoping for an over-the-top, preppies-gone-nasty legal battle between Facebook's founders and the former Harvard classmates who claimed they filched their business plan.

The Facebook-ConnectU legal battle was tinged with Ivy League treachery, but it looks like we won't get a 'Skulls'-worthy story out of this one.

(Credit: Universal Pictures)

According to Brad Stone of the New York Times, Facebook is reportedly close to settling the lawsuit that the founders of onetime social-networking site ConnectU have been pursuing for several years now.

According to the founders of ConnectU, twins Cameron and Tyler Winklevoss and their business partner Divya Narendra, they hired current Facebook CEO Mark Zuckerberg as a programmer for ConnectU when they were all students at Harvard. Zuckerberg, they claimed, stalled on his work at ConnectU as he created his own social-networking site, which then became Facebook. The ConnectU founders against Facebook in 2004, long before the site was as popular as it is today.

Facebook has retorted with allegations that ConnectU's suit is unfounded--as well as a countersuit claiming that ConnectU mined Facebook's user data to recruit more members. Indeed, the outlook has not been favorable for ConnectU, as a judge indicated in July that the side simply didn't have the evidence to back up its claims.

Thanks to his success with Facebook, Zuckerberg is now the youngest member of Forbes magazine's annual list of billionaires; ConnectU is largely forgotten, as Narendra now works in finance in New York and the Winklevoss twins are vying for spots on the U.S. Olympic crew team.

The Times blog post on Monday did not provide much detail, but said that Facebook was "finalizing a settlement" with the ConnectU founders and that legal documents pertaining to the case dismissal should appear within a few weeks.

Originally posted at The Social
October 11, 2007 6:04 AM PDT

ConnectU, Facebook spat resurfaces in San Jose courtroom

by Caroline McCarthy
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The lengthy legal fight between social-networking scion Facebook and onetime rival ConnectU isn't over yet. New developments in the dispute on Wednesday probed deeper into the question of exactly what happened in 2004, when both sites were early-stage start-ups run essentially out of Harvard University dorm rooms.

The best-known component of the court drama has been ConnectU's allegation that Zuckerberg pilfered the former's business plan while he was a student at Harvard with ConnectU founders Cameron and Tyler Winklevoss (they're twins) and Divya Narendra. In a San Jose, Calif., courtroom on Wednesday, however, the conversation turned to a countersuit.

Facebook had filed suit in the Northern District of California in 2005, claiming that ConnectU-employed programmers had hacked into Facebook in 2004 in order to obtain e-mail addresses that it could use for ConnectU invitations.

In Wednesday's motion hearing, ConnectU attorney Scott Mosko asked U.S. Magistrate Judge Richard Seeborg to dismiss Facebook's countersuit, according to a local ABC News story. Facebook attorney I. Neel Chatterjee responded that ConnectU co-founder Cameron Winklevoss had been "deeply involved" in the alleged hacking scheme.

Seeborg concluded the hearing by saying he would issue a decision in the future. He did not specify a date.

Originally posted at The Social
July 26, 2007 4:32 AM PDT

CNET News.com feature: Judge unimpressed by case against Facebook

by Caroline McCarthy
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BOSTON--The judge's message Wednesday to ConnectU over its intellectual property lawsuit against fellow social-networking site Facebook was clear: show us the evidence.

ConnectU, which accuses Facebook of stealing its ideas, has been in legal pursuit of its rival, Facebook founder and CEO Mark Zuckerberg, and early employees Eduardo Saverin, Dustin Moskovitz, Andrew McCollum and Christopher Hughes for nearly three years, and there still isn't an end in sight.

Massachusetts Federal Judge Douglas P. Woodlock repeatedly stressed that there was simply not enough evidence to back up allegations that Zuckerberg, who had performed programming work for ConnectU while it was in development, had pilfered the start-up's business model and code. Facebook now boasts more than 30 million members worldwide, while ConnectU stands at well under 100,000.

Read the rest of the CNET News.com story here.

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Originally posted at The Social
July 25, 2007 1:29 PM PDT

Judge gives ConnectU founders two weeks to revise Facebook complaint

by Caroline McCarthy
  • Post a comment

BOSTON--A federal judge in a Massachusetts district court gave the founders of college-based social networking site ConnectU two weeks to revise the complaint that they have filed against Facebook, its CEO Mark Zuckerberg, and four other early employees of the fast-growing social network. The ConnectU founders, twins Cameron and Tyler Winklevoss and their fellow 2004 Harvard graduating classmate Divya Narendra, have accused Zuckerberg and his company of stealing their code and business plan when Zuckerberg was casually employed as a programmer for ConnectU in the 2003-2004 academic year.

Judge Douglas P. Woodlock, during the case's dismissal hearing on Wednesday afternoon, requested that the plaintiffs revise their complaint and refile it by August 8, after which point Facebook has an additional two weeks to file for a dismissal. The reason, the judge said, was that there simply was not a factual basis to the majority of the ten claims listed by ConnectU in its original complaint.

"You're really going to have to do this with particularity," Woodlock said to ConnectU's counsel, "because this is a most evanescent of explanations."

UPDATE: Facebook has released an official statement on the matter to the press: "We are pleased with the outcome of the hearing today. We continue to disagree with the allegations that Mark Zuckerberg stole any ideas or code to build Facebook. We intend to honor the judge's request not to comment further in the media and will continue to vigorously defend this case in court."

Originally posted at News Blog
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