A Massachusetts District Court Judge has given ConnectU two weeks to revise their complaint against Facebook, according to a CNet News report.
ConnectU is due to give a conference call at 3pm PST. We’ll be back with more as we get it.
Conference call Live notes
3pm ConnectU Counsel states that they can’t talk about the litigation in the intro aside from what is in the public domain. Not a good start.
3:05pm: one of ConnectU’s founders claims that they are not trying to shut Facebook down.
3:10pm: explanation on background. They don’t like Mark Zuckerberg; the claim is that Zuckerberg worked for ConnectU and stole the idea
3:13pm: ConnectU’s founders claim that the case is not about the money
3:15pm: Q&A, first question isn’t answered due to “legal issues.”
3:16pm: current action was filled in March 2007, although it wasn’t made clear why there was a new legal action. Obvious question: if it’s not about the money why was it refilled in 2007?
3:20pm: Q&A from conference call participants. Simply ConnectU wont discuss anything remotely interesting.
3:25 conference call ends. Yawn.
Conclusion
I’ve had a number of people tell me today that ConnectU doesn’t have a leg to stand on; I’ve tried to keep an open mind to date and whilst there may still be some chance that ConnectU has a case, this conference call will have done them no favors. ConnectU’s founders and Legal Counsel gave nothing interesting in the call and were indeed elusive when it came to the questions the media asked; questions that in a proper presentation of ConnectU’s case should have been answered. It should be remembered that ConnectU called this conference: this was their opportunity to defend their case and instead they wasted the time of a slew of Tech Journalists.
Previous TechCrunch coverage of ConnectU vs Facebook here and here
UPDATE: Facebook responds:”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.”
More publicity to Facebook!
After wondering how this will eventually turn out I bet on Facebook.
Still, one can already note some support urgency for ConnectU among the European IT Professionals on ITPD. Well its pretty the same way as with the leading IT brands (old anti Microsoft, and recent anti Google attitudes)…
Ducan… please use a spell checker. And I would suggest you refrain from using the word “sucks.” These conference notes read like a rambling, incoherent rant from a rebellious teenager on myspace!
Dunan I bought Nintendo stock several weeks ago after reading something here, I think. It’s shot up more than ten points. With the excitement about Facebook, which I think will soon be past both this nonsense with ConnectU and its own IPO, I can’t wait to call myself an owner of Facebook. (I’m wondering if Facebook has the potential of being the first of Web 3.0. )
Sorry, that’s Duncan!
ZZZZZZzzzzzz, this will clearly get thrown out and ConnectU will just end up with a hefty legal bill. No sympathy here … whatsoever!
just fyi, when typing and publishing real time notes from a concall, there are always a lot of typos. He’s going back and revising now.
BS Meter
live notes so apologies, cleaned up a bit now.
I think you mean ConnectU were being elusive or evasive on the call, not allusive, unless they were alluding to anything…
The complete ConnectU vs. Facebook filing is available at FindLaw.com: http://news.fin...acebook_cmp.pdf
Mike – have you live blogged on the iPhone yet? If so, how’d it go?
Here’s why ConnectU doesn’t have a leg to stand on:
THE JUDGE TOLD THEM TO AMEND THE COMPLAINT.
That means the complaint they filed wasn’t sufficient to withstand a 12(b)(6) motion for to dismiss…in layman’s terms, they didn’t sue for anything that the legal system could do anything about.
In this case, they sued because someone “copied” their idea. The only problem with this, however, is that ideas generally can’t be copied; indeed, with the exception of the arts, courts will summarily dismiss “copied idea” cases, because outside of the arts, patents exists to protect valuable ideas…and only patents.
> Facebook responds:”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.”
Uh, I think it’s pretty clear that he stole the idea. Considering that ConnectU was in existence first, and that Mark worked for them and later started a remarkably similar application. The first version of Facebook is essentially a carbon-copy of ConnectU’s model.
As Jorge states, it’s not clear this is an offense that is sueable, but Facebook making a blanket statement such as the one they made is questionable at best.
@9 Hubert – knot sure what your eluding too… please expand
This really seems like a non-issue to me unless Zuckerberg actually stole the copyrighted/patented intellectual property of ConnectU. An idea is just an idea unless a talented individual actually does something with it, and in this case ConnectU was not able to do much at all. Is ConnectU planning on going after every social networking sight because they also stole their idea? I think all this case is going to do is give Facebook some extra pre-IPO credibility when it is tossed out of court.
“Stole”? You are clueless. There was nothing to steal, SN’s were not novel, nor patentable.
One thing is stealing an idea that someone said out loud, another thing is breaking a written contract which the sueing party claims existed between an employer and an employee.
This whole thing is just an attempt at a post-hoc non-compete based on what would seem to be shaky foundations. Throw in a sprinkle of SCO v. IBM and you’ve got yourself a headline party!
Read the original complaint, dotcom3.0 weenies, ConnectU isn’t suing for theft of code.
Please do not be lulled into believing this is harmful to ConnectU’s claim. Even Zuck admitted he worked for them. A lot of weight is given to intent. If he had no intent to steal the idea of ConnectU, there would not be a FaceBook. If he took the idea, he probably took the source code as well. I think the judge is giving them time to attach supporting documents to their complaint, which some lawyers do not do with the initial filing. If the judge felt there was no merit to their case he would have dismissed the it altogether.
This is such a case of … ConnectU’s founders having a cry.
If they were “so dependent” on Zuckerberg, then they would have fked the whole thing up anyways.
I reckon they should just come to terms with the fact that there site sucks, Zuckerberg created a site that shits & pisses all over theres and better yet – it has 36 Million members.
So if the ConnectU Founders are reading this … you had your chance, and you fked it up. Your site sucks and you like licking balls.
Think its time you grow up, stop crying, and leave Facebook alone you wankers.
My 2 Cents …
So, what are they seeking from Facebook if not money and not shutting down?
I don’t care what I believe it.
Win or Lose facebook case. Mark Zuckerberg may not be the next billionaire. For this reason, he actually stole code or illegal hack into harvard’s privacy data.
This is why I aren’t signing up for facebook or myspace. I never will.
Damn… BS Meter… Always trying to keep things professional….
He’s agressive heart — “Got check your spelling before you post you jackass!!”. Yucks!
the most comical bit was in the complaint, the ‘fact’ that zuckerberg “breached his fiduciary duty” – moronic…are we to believe that a then very young college student also had a fiduciary role in the connectu entity? was the entity even a legally formed corporation? wasn’t he really just cheap college labor?
there are five claims for relief and several point to serious monetary damages to connectu and a potential search for financial remedies, go read it for yourself…
this is an absolute waste of time and money, and i do however think that it IS worth covering on techcrunch because it’s amazing to see just how avarice rides in on the horse as the financial apocolypse runs toward web 2.0…
ConnectU don’t want to shutdown facebook or want facebook money. Here’s real reason. They really want to Mark’s soul. Of course, we do want his soul.
Ten reasons why we want his soul in courthouse.
1.) open Venture capital’s key. So grand childrens can get it easy.
2.) accessible scholarship. He went to harvard.
3.) to be saved… So you get to live or have childrens
4.) to conquear his soul power
5.) to grab his soul’s traditional secrets.
6.) to live healthly life
7.) so your children can get higher SAT scores
8.) reduce tax; reduce VC problems
9.) to go to heaven
10.) Private life
Facebooks must lose the case for nothing
Clarification on why this case was re-filed in 2007 after being initially filed in ‘04: the first case was thrown out on a technicality (jurisdiction, I think), so the ConnectU guys refiled because the original dismissal did not judge the actual substance of the complaint.
I’ll tell you what these nerd fucks need to do: “Come up with a new idea; don’t go after Facebook you nerd-shits!!!!”
The Internet is utterly retarded. I love the Internet; there’s just still no point to it.
FIGURE IT OUT; DIPSHIIIIIIIIIIIIIIIIIIIIIIIIITS!!!!!!!!!!!!!!!!!!!!!!!!1
Hello, just wondering if there was an employment contract in the connectU case? If no contract then the case gets thrown out. EOS.
Hi.
I’m the new Iphone.
So they don’t want to shut it down and they don’t want money. What else is there?
Maybe they want Mark to sit around a campfire with them and sing cum-by-ya while holding hands, toasting marshmallows and everyone apologizes.
Man,
If Facebook was such another website, ConnectU would probably not lift a finger..I have taken a look at ConnectU and their script…anybody could write such a script..what makes Facebook facebook, is not because of any code or script…its Faceboook’s strategy and positioned themselves.
That 23 year old kid is a genius and you have to give credit to him. Anyway,ConnectU has a weak case and its just a matter of time before Facebook wins!
To anyone here who is on Facebook. Realise that when you clicked join, you agreed to give any and all material, works, pics, etc that you upload or type on your page, to Facebook, inc. They now own the rights to it, in perpetuity. Its in the TERMS you didn’t read when you signed up:
This is what you are now Bound to, if you clicked their join button…
From FACEBOOK.com:
“When you post User Content to the Site, you authorize and direct us (Facebook) to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. ”
—- This means they can now hold a copy of everything you post, that includes everything you typed. all your pics, all the pics of your friends, pics of your babies, nieces, family members, and of you, doing whatever you are doing in the photo. Everything you post on your “wall”, anything you wrote in your facebook emails, and all your facebook PM messages. (and they demand that they can keep it, and never have to delete it, see below.) You may think fine, but keep reading…
FACEBOOK, Inc. continued…
“By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company [Facebook, Inc.] an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. ”
—- This means that facebook now owns the rights to all of your stuff. They now own all your photos, everything you write, you can never take it back (irrevocable). And that they now own it FOREVER (perpetual). And not only that, they can alter your stuff, modify your pictures, do things to your photos, rearrange, edit, or alter any stories or text you wrote, publish it, sell it, and repost it. Publicly. They also force you to agree that they can take your stuff, earn money off of it by licensing it to someone else (sub-license), or take your stuff and use it for their own purposes, for example, in their own Adverts to market the Facebook site (for any purpose on or in connection with the Site or the promotion thereof).
FACEBOOK, Inc, continued…
“You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.”
—-After you get done saying “aha, see.” what this means that if you try to delete it, you can (that is if you can get in, account not disabled or something), but they are keeping COPIES of all of it. And can give anything you posted to authorities, or if you posted a copyrighted pic, vid, or sound, they can furnish it to mpa or music companies if subpoenaed, or if you are doing something a bit “iffy” in any picture you put on there, or you typed some choice words on your page or even on non-public PM email, about something or someone, they own it and can keep copies of it in perpetuity. Which could be divulged with proper authority or even leaked as it may, to the news Media, your employer for background checks, or who knows. Better tell your friend not to post that pic of you with all of you smiling with that bong on the table in the background. Or if ID thieves break into Facebook’s database or archives (similar things have happened), then any personal info you’ve put in there, age, date of birth, real name, address, city state, zip, phone, friends, photos of your face, family, etc could all be in the hands of some identity thieves that could print up birth certificates (DOB), photo id’s with you on it, real name, etc which could come back to bite you some time in the future. And remember, all of it is under your real name. You were compelled by them to signup with it.
Oh, and by the way, you know, right, that once on Facebook, you can’t completely delete your profile. The only option they give a user is to quote “disable” it. Which means your page is ‘retired’ but not deleted. Everything you already typed into Facebook is out of your control.
So before you get all gung-ho about Facebook, and/or think that they didnt take that other company’s stuff, ideas, , realise that they put clauses into the Facebook terms such that if you clicked join, they now OWN ALL YOUR Writings, posts, pics, photos, and ideas. So whatever you want to do, do it, read the terms for yourself, ignore it, put it down, realise it, be concerned, or whatever you want, but now at least you are *aware* of what you got yourself into.