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All posts tagged ‘court’

Tuesday, October 7, 2008

IAC’s Barry Diller Speaks About How Breaking Up Is Hard to Do

Don’t miss this very good interview–does he ever give a bad one?–that IAC/InterActive Corp’s Barry Diller did with The Wall Street Journal’s Shira Ovide in today’s edition.

After a bruising court battle with shareholder and cable mogul John Malone of Liberty Media (LINTA), Diller finally broke apart the Internet conglomerate six weeks ago. His reason: IAC (IACI) had become too complex and its stock had suffered due to the operating confusion.

Here are BoomTown’s three favorite Diller killer quotes from The Journal interview …

On the breakup:

“I don’t have answers for anybody else. What I know is that internal complexity makes for superficiality. There’s never essentially a pure story unless there’s a pure product line that has its own shining clarity.”

On Internet advertising:

“You really want to get a headache? Try to understand Internet advertising. Social-networking advertising is being discounted because there is so much inventory [of available ad spots], and because methods have not yet been found to make it very effective. Will that get figured out? I absolutely believe it will. What form will it take? Absolutely unknown.”

On his fight with Malone:

“It is water down the drain. It’s unfortunate that executives of Liberty forced us into this process that resulted in the court affirming our position, but they did. It was hurtful to the company in which they’re investors, it was hurtful to me, it was a waste of time and money. It’s over. It certainly has no effect because my relations with John Malone are right and proper. They can have board members, but I outvote them.”

And, if you want more Diller unplugged, about all of the above and more, here is the highlight reel from my interview with him in May at the sixth D: All Things Digital conference.

Don’t miss his take on Hollywood children’s teeth.

The entire interview will go up next week in this blog, but here is the shorter video for now:

Thursday, June 26, 2008

Winklevosses AboutFacebooked!

Ah, the Winklevosses!

They lost.

In court, I mean, not in rowing!

But I am sad to say BoomTown is deeply uninterested in the long-running legal struggle between Facebook Founder and CEO Mark Zuckerberg and the hot social-networking site and the group affiliated with ConnectU–heretofore referred to by BoomTown as NotFacebook.

Namely the Winklevoss brothers, Cameron and Tyler (and also another guy, not a Winklevoss), who are world-class rowers.

Without going into the gory details, they settled a lawsuit in February that centered on how Facebook was founded and whether or not Zuckerberg stole code to create it while an undergrad at Harvard University.

And then the Winklevosses claimed that that settlement in the endless legal battle should be voided because of fraud and reopened.

The ConnectU side claimed that it had found some “smoking” gun instant messages that proved their case.

Whatever.

The federal judge in San Jose decided to let Facebook enforce the settlement anyway (but, because there are lawyers involved, there will probably be yet another bite at the apple).

In any case, BoomTown fully enjoyed the take-no-prisoners PR stylings of Facebook, now under uber-PR guru Elliot Schrage and, thus, we render the statement about the win here in its entirety:

We are happy that Judge Ware enforced the agreement settling our dispute with the ConnectU founders. ConnectU’s founders were represented by six lawyers and a professor at Wharton Business School when they signed the Settlement Agreement. The ConnectU founders understood the deal they made, and we are gratified that the Court rejected their false allegations of fraud. Their challenge was simply a case of ‘buyers remorse,’ as described by the Boston Court earlier this month.

We were disappointed that we had to litigate the settlement, as we believed we were caught in the middle of a fee dispute between ConnectU’s founders and its former counsel. Nevertheless, we can now consider this chapter closed and wish the Winklevoss brothers the best of luck in their future endeavors.”

As in, don’t let the door hit your Winklevii on your way out!

Saturday, December 1, 2007

A Well-Deserved Court Loss for Facebook

It should come as no surprise, of course, given it was essentially a legal temper tantrum on the part of Facebook founder Mark Zuckerberg.

But a judge in Massachusetts wisely denied an inane request by the Palo Alto, Calif.-based social-networking start-up to take down confidential court documents that 02138 magazine had made available for downloading on its Web site.

zuckerberg

The documents were part of a hard-hitting piece called “Poking Facebook” by free-lancer Luke O’Brien, which 02138 recently published, about the origins of Facebook at Harvard University.

“This is a victory not only for 02138, but for the First Amendment as well. We felt we had an important responsibility to report the story and we hope that we were able to promote greater public understanding of the origins of a powerful and influential Web site,” said 02138 President and Founder Bom Kim in a statement. “The judge concluded that the article was an example of ‘core journalism’ and that the original documents on 02138mag.com increased transparency, offering readers unfiltered access to more information on which to evaluate the story.”

Facebook had no comment.

But how could its execs, really, given the appalling nature of their efforts to quash documents that should not have been, especially because they were already loose on the Web?

Read more »

Friday, November 30, 2007

Ironic, Yes, But Zuckerberg’s Privacy Violated

[UPDATED with more information.]

So exactly why did Facebook unleash such a massive legal fury on 02138 magazine yesterday over documents the publication posted online?

02138

Because, said sources, those documents–including an application to Harvard University–contained Facebook founder Mark Zuckerberg’s Social Security number, the full name of his girlfriend and the address of his parent’s house in New York.

Now, apparently, the Beacon’s on the other foot.

The independent magazine, which is aimed at Harvard alumni, put up a series of court documents in a downloadable format here it obtained from a court in Massachusetts related to a hard-hitting story it recently published about the origins of Facebook at Harvard, and had inadvertently not redacted that sensitive personal information in all places at first.

It has since removed those references, but many online readers had already downloaded the PDF files.

“It was a regrettable error and we have fixed it,” said Richard Bradley, executive editor of the magazine.

Wrote the magazine’s spokesperson in a statement to BoomTown: “1) It was an oversight and as soon as 02138 was alerted they took it down. 2) The parents’ address is listed in the white pages and they are the only Zuckerbergs in Dobbs Ferry. 02138 nonetheless took it down as a courtesy. 3) This was not brought to 02138’s attention by Facebook.”

Harsh!

Read more »

About Kara

Kara Swisher started covering digital issues for The Wall Street Journal's San Francisco bureau in 1997 and also wrote the BoomTown column about the sector. With Walt Mossberg, she co-produces and co-hosts D: All Things Digital, a major high-tech and media conference.

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Ethics Statement

Here is a statement of my ethics and coverage policies. It is more than most of you want to know, but, in the age of suspicion of the media, I am laying it all out.

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