Facebook, which hasn’t claimed the alleged contract with
Ceglia is a phony, has "serious questions" about its
authenticity, Simpson said.
Facebook Lawyer `Unsure' Whether Founder Mark Zuckerberg Signed Contract
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Re: Facebook Lawyer `Unsure' Whether Founder Mark Zuckerberg Signed Contract
#12This is going to be interesting. If this guy wins, facebook is going to have a hell of a time surviving with uncertainty at the top.
That is, if his claim has any truth to it and if he doesn't settle out of court, which might be likely to happen considering what is at stake. (cf. previous Facebook lawsuits) I'm definitely curious about how that kind of things are handled, where a previous contract appears out of nowhere, completely changing how later contracts and investments would have happened.
Could you add a clause in any (subsequent) contracts dealing with this possibility?
If this contract is valid, Zuckerberg would have known about it ever since 2003. If his business associates knew about it, would they have dealt with the situation proactively?
If he chose not to disclose the information, maybe he'll be seen as a danger to the future prosperity of the company?
Re: Facebook Lawyer `Unsure' Whether Founder Mark Zuckerberg Signed Contract
#13Facebook claims Ceglia remained silent for more than six years and his claim is probably too old to pursue. Have any independent legal experts corroborated Facebook's statement that "his claim is too old to pursue"?
grellas' analysis from the original article here: http://news.ycombinator.com/item?id=1509512
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Re: Facebook Lawyer `Unsure' Whether Founder Mark Zuckerberg Signed Contract
#14According to the above Bloomberg Article:
Ceglia claims his alleged contract, which refers to "The Face Book" was signed about nine months before Facebook was founded, the company said in court papers.
According to the NYT from 2007:http://nyti.ms/cC0HwJ "An e-mail message, circulated widely by Mr. Greenspan to Harvard students on Sept. 19, 2003, describes the newest feature of houseSYSTEM, as "The Face Book" an online system for quickly locating other students. The date was four months before Mr. Zuckerberg started his own site"
My question: did these two parties independently come up with an idea for "The Face Book" for Harvard and both pitched it to Zuckerberg? Seems odd at the very least on the face of things. Greenspan, if you can comment on this -- were you affiliated with Ceglia at all?
Re: Facebook Lawyer `Unsure' Whether Founder Mark Zuckerberg Signed Contract
#15Facebook, which hasn’t claimed the alleged contract with Ceglia is a phony, has "serious questions" about its authenticity, Simpson said. I don't understand this statement. If you're questioning its authenticity, aren't you implying that you think it's a phony?
Yes, but when you have "questions" about something's authenticity, it means you are the one asking for proof. If you claim that it's a phony, however, the burden is on you to show why you think it is so.
Re: Facebook Lawyer `Unsure' Whether Founder Mark Zuckerberg Signed Contract
#16Zuck attracts contract lawsuits like Clinton used to draw sexual harassment claims.
Re: Facebook Lawyer `Unsure' Whether Founder Mark Zuckerberg Signed Contract
#17According to the above Bloomberg Article: Ceglia claims his alleged contract, which refers to " The Face Book " was signed about nine months before Facebook was founded, the company said in court papers. According to the NYT from 2007: http://nyti.ms/cC0HwJ "An e-mail message, circulated widely by Mr. Greenspan to Harvard students on Sept. 19, 2003, describes the newest feature of houseSYSTEM, as " The Face Book " an…
The traditional Harvard freshman register is known as "The Facebook".
"Harvard Yearbook Publications is responsible for the creation and production of the Senior Yearbook as well as the Freshman Register (also known as the Facebook). The Freshman Register is an extremely useful hardbound reference book for freshmen that contains photographs, addresses, and secondary schools of class members."
(http://www.hcs.harvard.edu/~yearbook/purchase/). Login: http://facebook.college.harvard.edu
Re: Facebook Lawyer `Unsure' Whether Founder Mark Zuckerberg Signed Contract
#18According to the above Bloomberg Article: Ceglia claims his alleged contract, which refers to " The Face Book " was signed about nine months before Facebook was founded, the company said in court papers. According to the NYT from 2007: http://nyti.ms/cC0HwJ "An e-mail message, circulated widely by Mr. Greenspan to Harvard students on Sept. 19, 2003, describes the newest feature of houseSYSTEM, as " The Face Book " an…
The term "Face Book" as a resource for seeing peoples names and a info along with a photo in a less formal yearbook-style setting is not new at all. My high school had a "Face book" in paperback form that was distributed at the beginning of the year to help folks get to know one another. That was in 2001. The Harvard site was merely an online version of this kind of flat, searchable list, with no user edittable content. You put in a name, major, or dorm, and it would show you a list of pictures of students that matched that search criteria. That's it. Much as I love tales of Zuckerberg sneakily stealing the idea for thefacebook.com, the Harvard site you mention was so basic that I'd say it's no more the precursor to facebook than any online yearbook or student directory.
Re: Facebook Lawyer `Unsure' Whether Founder Mark Zuckerberg Signed Contract
#19According to the above Bloomberg Article: Ceglia claims his alleged contract, which refers to " The Face Book " was signed about nine months before Facebook was founded, the company said in court papers. According to the NYT from 2007: http://nyti.ms/cC0HwJ "An e-mail message, circulated widely by Mr. Greenspan to Harvard students on Sept. 19, 2003, describes the newest feature of houseSYSTEM, as " The Face Book " an…
The traditional Harvard freshman register is known as "The Facebook". "Harvard Yearbook Publications is responsible for the creation and production of the Senior Yearbook as well as the Freshman Register (also known as the Facebook). The Freshman Register is an extremely useful hardbound reference book for freshmen that contains photographs, addresses, and secondary schools of class members." ( http://www.hcs.harvard…
Thanks for clearing that up on the name.
Re: Facebook Lawyer `Unsure' Whether Founder Mark Zuckerberg Signed Contract
#20"This is not necessarily an open-and-shut case for Facebook. The fact that the judge froze Facebook's assets suggests there may be extenuating circumstances favoring Ceglia, Gendelman pointed out.
Also, Ceglia may be planning to argue that the statute of limitations didn't start until the contract was breached, which would have set the clock ticking in 2004, said Scott & Scott partner Julie Machal-Fulks.
There is room for that argument in New York law, she told the E-Commerce Times.
As for the last-minute challenge, that too makes sense -- at least, it can be argued in court, said Jonathan Askin, associate professor of clinical law at Brooklyn Law School.
"Logically, these ownership challenges only occur after a company has value or is on the verge of success. Why would anyone sue a company before it has value?" he asked."