Now, BoomTown likes a good jingle as much as anyone else, but this new one from Microsoft’s Bing search service is sticking in my head like a piece of chewed gum.

Shot at Keith Valley Middle School in Horsham, Pa., it uses 400 very adorable sixth graders, who are dragooned into one very large “Bing Goes the Internet” dance–complete with logo wear. The kids rock, the advertising jingle not so much.

They are using the winning entry in the Bing jingle contest, by Jonathan Mann.

I must say, regretfully, stick with vampires, Microsoft (MSFT).

In any case, here’s the video, as well as one of the super-duper, migraine-inducing “I Do! I Do!” television commercials from Ask.com–a unit of InterActiveCorp (IACI)–below it:

Microsoft’s MSN is in preliminary talks with MySpace about using the social networking site’s music service, MySpace Music, to help power music offerings on the giant portal.

While sources at both companies cautioned that the talks are still early, Microsoft (MSFT)–which has its own music site that it programs with original and partnered content–execs are interested in goosing it.

That’s because MSN Music consistently ranks substantially lower than other big online music properties in terms of traffic, while MySpace Music is always near the top.

Sources said Microsoft execs don’t think they can do as good a job as MySpace is doing and don’t see the point in striking needed but complex deals with music labels, which the News Corp. (NWS) property already has.

In an April report by comScore (SCOR), for example, MySpace Music was No. 2, just behind AOL Music, with 27.4 million unique monthly visitors. MSN Music was No. 6 with just 7.4 million.

Nonetheless, music is an area MSN cannot lag so badly in, given that entertainment is one of the key categories it is focusing on as it preps for a major renovation of the portal.

As BoomTown wrote in mid-July about a wide variety of changes coming to MSN:

MSN, Microsoft’s online portal, is also preparing a major redo of what U.S. and, possibly, international consumers will see, as it doubles down on five key content verticals, while cutting back on others.

In a new focus that will start to be apparent in the next month, MSN will heavily add to its News, Sports, Finance, Lifestyle and Entertainment offerings, weaving more data from [its search service] Bing into the mix.

“It’s a decision to make it so MSN does less better,” said one source close to the situation. “So there will be a focus of attention on a smaller number of categories in which we can be either #1 or #2 in, rather than #4 or #5.”

It is not clear exactly what the financial terms would be in any tie-up between MSN and MySpace, which could include licensing of content and other services related to music.

But such a deal is not unusual–MSN’s sports site is powered by Fox Sports, which is another News Corp. property.

And such a partnership would also key into concepts that MySpace CEO Owen Van Natta outlined in a recent interview onstage at the Web 2.0 conference.

Key among them was boosting music and entertainment overall and making them the prime focus in the site’s efforts at reinvigorating itself, as well as expanding distribution of MySpace.

In fact, MySpace recently bought social music service iLike to expand its distribution all over the Web, for example–including on Facebook, the longtime social networking rival from which MySpace is now trying mightily to differentiate itself.

In his appearance, Van Natta also unveiled a music video hub, the ability by users to buy music using Apple (AAPL) iTunes, and a set of better analytical tools–called MySpace Music Artist Dashboard–to help artists figure out how to best work with fans.

But MySpace needs more than these, and a link with Microsoft would provide it with a traffic gusher, since MSN’s main page remains one of the most trafficked sites on the Web.

If such a distribution partnership were struck, it would also raise the question of what will happen regarding MySpace’s negotiations with Google (GOOG) over renewal of their search deal, which expires next summer.

Dissatisfaction over the pricey three-year deal has been expressed by both sides; their mutual grumbling is one of the biggest open secrets in Silicon Valley.

Doing a search deal with Bing is the obvious and only alternative, although few expect any agreement to be as rich as the one MySpace did with Google in 2006 for $900 million.

Interestingly, it was recently reported that both Google and Facebook were bolstering music search and sales offerings, and Google’s apparently includes the use of the iLike player.

In other words: This could get really complicated.

Execs at both MySpace and Microsoft I reached out to declined to comment.

(Full disclosure: News Corp. owns Dow Jones, which owns this site.)

Well, well, well, that financial imp at Microsoft–CFO Chris Liddell–pulled a fast one on Wall Street and turned in first-quarter earnings that blew away all estimates and even the whisper numbers.

While revenue and net income were down for the third consecutive quarter, they were not as bad as investors had expected.

Perhaps those Microsoft (MSFT) financial predictions were no good, but the results were a strong sign of recovery at the software giant.

BoomTown liveblogged the morning conference call with Liddell, which took place at 7:30 am PT–thanks for the Kiwi-laced wake-up call, Chris!

(You can see the financial slides of the Q1 performance here.)

7:34 am: “It might have been the bottom of the economic reset,” said Liddell in the opening. “I’m very happy.”

Still, Liddell, who has been a glum goose for many quarters now, could not quite do cartwheels, noting that the economy was “still challenging.”

He also still repeated his favorite term for the market, calling it: “The new normal.”

7:38 am: Other investor guy, whose name I always forget (and who is Bill Koefoed, by the way), got on and went through the numbers. He also sounded deeply relieved and noted that it looked pretty good out there.

Liddell returned and said Microsoft was “well-positioned” to exit the econalpyse stronger than competitors.

Not so bad, although he expected personal computer and hardware sales be weak still and was not promising anything.

The online and search and advertising partnership with Yahoo (YHOO) was also on track, said Liddell.

“In summary, I feel great about how we are executing,” said Liddell, who made sure to give credit to “cost discipline.”

It was nowhere near the strong performances of Google (GOOG) and Apple (AAPL) recently, but allowed Microsoft some much needed breathing room.

7:51 am: Question time!

The first was about when the launch of Windows 7 would start bringing home the bacon.

The next was about “channel inventory build,” which was like asking Liddell to be a soothsayer. “Net positive,” he opined.

The third question was about costs from the transition of the Yahoo deal and the contribution.

Costs will up front and there will be a contribution in the “hundreds of millions.”

Next: The future of cost cuts.

“I see that as the journey that never ends,” said Liddell.

Memo to PR head Frank Shaw: Cancel the truckload of caviar for a big honking party in celebration of these results. Stat!

7:58 am: I missed one question, since it was so boring, as was the answer.

Then a good one came about the deployment of Windows in corporate environments and elsewhere.

“All of the feedback we get so far is positive,” said Liddell, not that he is bragging or anything. “The sales in retail, we are expecting to be very good.”

Another cost question, this time about whether more investments are coming in the years ahead.

No ramping back, thank you very much!

The next question was about the impact of netbooks on the bottom line.

Not bad, but not huge, said Liddell.

What about display advertising online? In line with the weaker market, said Liddell, but it should improve.

8:09 am: PC demand? Liddell notes the “robustness” of the PC, which Microsoft has actually been pooh-poohing over many quarters.

Liddell said he saw better days ahead, perhaps because past ones had been weak, especially business PCs. “That can’t continue forever,” he noted.

A question about Europe. “Relatively weak,” said Liddell, while emerging markets were stronger.

“This calendar year is transition to next calendar year,” said Liddell.

A query about Windows 7 revenue recognition, which comes when Microsoft sells to OEMs.

8:14 am: More on OEMs, who are the big buyers of Microsoft’s operating system software.

Next up: Another question about outlook.

“Generally speaking, we are seeing good adoption of our products,” said Liddell, but the true rebound is coming next year.

The last question is about Windows Live.

It’ll get better, but next year, folks!

Translation, if you imagine Liddell channeling “Annie”: The sun’ll come out tomorrow. Bet your bottom dollar that tomorrow, there’ll be sun!

Enjoy this lovely video of the classic song:

A gauntlet of wildly cheering sales people dressed in brightly colored T-shirts, a sleek, white store, a simple but deceptively elegant design.

You will be excused for thinking this video below is from an Apple (AAPL) store. But, it is actually from the opening of a Microsoft (MSFT) Store in Scottsdale, Ariz., today.

It was the first retail outlet for the software giant to open, which will sell all kinds of hardware and software, with another debuting in Mission Viejo, Calif., next week.

It reminds me my favorite television show opening ditty:

Still, they’re cousins,
Identical cousins and you’ll find,
They laugh alike, they walk alike,
At times they even talk alike.
You can lose your mind,
When cousins are two of a kind.

Microsoft’s last foray into the retail space–a store called microsoftSF in San Francisco–was a failure and closed after two years in 2001, but this looks promising at least.

Here’s the video–done by someone who has clearly studied BoomTown’s shaky style carefully–which is on the Microsoft Store’s channel on Google (GOOG) video site YouTube.

Below it is a similar-looking video from the opening of an Apple store in Boston, Mass. last year (plus the genius opening of “The Patty Duke Show”):

One word: Shameful.

So, no surprise that Yahoo (YHOO), which is trying mightily to burnish its image worldwide, quickly apologized for the presence of women lap dancers onstage at its Open Hack Day in Taiwan last weekend.

In a post on its Yahoo Developer Network blog tonight, titled “Sorry,” YDN head Chris Yeh wrote:

All,

I wanted to acknowledge the public reaction generated by the images of female dancers at our Taiwan Open Hack Day this past weekend. Our hack events are designed to give developers an opportunity to learn about our APIs and technologies. As many folks have rightly pointed out, the “Hack Girls” aspect of our Taiwan Hack Day is not reflective of that spirit or purpose. And it’s certainly not the message we want to send about our values here at Yahoo!. Hack Days are about making everyone feel welcome, including women coders and technologists.

This incident is regrettable and we apologize to anyone that we have offended. Rest assured, it won’t happen again.

Best,
Chris Yeh
Head of YDN
twitter: @ydn
email: cyeh at yahoo-inc dot com

Ironically, in a post listing the winners and details of of the Open Hack event, at which Yahoo invited outside developers to brainstorm, Yahoo’s Erik Eldridge noted earlier today (italics are mine):

“This was our second visit to Taiwan, and we were really looking forward to coming back to see the passionate Taiwanese developers.”

Ouch. Worse still, top Yahoo execs–such as Taiwan CTO Joy Chan, Asia head Rose Tsou and Chief Technologist Sam Pullara, all pictured here with another Yahoo exec, Peter Lin–were in attendance at the event, although it is not clear if any of them attended the lap dance performance. (Yahoo PR is checking on that now for me.)

Like the image above, here are some more pictures of the lap dancers from a Flickr video, posted here, which has since been made private (click on the images to make them, um, larger):

And, rut-roh, here is a link to some more, even shorter-skirted photos on Flickr.

But, perhaps worst of all, this kind of thing is not new for Yahoo’s hack events in Taiwan, at least, where there seems to be some history of this sort of Pussycat-Dolls-meets-geeks tone.

It is not clear why all the thumpa-thumpa music and dancing gals did not engender complaints last year, although I am guessing the nerd lap action sent over the top.

In any case, here are four videos from the event in 2008 of even more gyrating ladies, which you can contrast with a video from Yahoo’s New York event on Oct. 12 of this year.

UPDATE: The videos have been suddenly made private by the person who posted them since I posted them last night, as they now say when you click them. They are not searchable or available any longer on YouTube. But you can see the situation from the images on the videos.

(If you want to know what a lap dance is, by the way, try Yahoo Answers!)

In one week, Yahoo will report its third-quarter earnings, after the market closes.

And so far, its stock is showing signs that investors are hoping for better days ahead for the Internet giant.

Shares are up 8.5 percent for the month, almost 13 percent for the last three months and almost 39 percent since the beginning of the year.

While that’s not the rocket ship Google (GOOG) has been on–the search giant’s stock is up 70 percent since January, which includes a big boost recently on expectations of a strong earnings report tomorrow–it’s clear investors are hoping an improvement in the online advertising market will boost Yahoo’s fortunes.

Wall Street is expecting $1.12 billion in net revenue and seven cents in earnings per share from Yahoo (YHOO)–and a better performance than that could boost the stock.

In fact, a pair of bullish analyst reports that came out today predicted just that.

Broadpoint AmTech analyst Benjamin Schachter raised his price target to $21 a share, noting that after the search and online advertising partnership deal closes, Yahoo “should be meaningfully smaller and leaner, but should also be a significantly more profitable company.”

And Benchmark Co. analyst Clayton Moran moved Yahoo from hold to buy, with a price target of $20.

But a string of recent exec departures in Yahoo’s advertising units are making some within the company’s ranks slightly worried.

The departures include Jim Schinella, the company’s SVP for corporate partnerships, in September.

And yesterday, Glam Media announced that it had nabbed Josh Jacobs as SVP of Brand Advertising Products & Marketing. At Yahoo, Jacobs was a key exec in its display ad platform unit.

Many inside the company expect more departures in the ad and engineering arena at Yahoo, pointing out that many big stock packages given to hold onto talent are about to vest.

In addition, once Yahoo’s search and online advertising partnership with Microsoft (MSFT) is approved, as it is likely to be by the end of the year, hundreds of Yahoo engineers will get the choice of moving to Microsoft.

Some will, of course, but some simply do not want to go and many Silicon Valley companies and start-ups BoomTown spoke to report seeing more resumes recently from Yahoo staff.

There is little Microsoft can do to stop possible leakage of tech talent from Yahoo until the deal is approved, since the companies cannot do any integration until it is.

Perhaps worst of all, there seems to be nothing Yahoo can do to stifle its proclivity to yodel, which I begged Yahoo execs to forgo in its recent $100 million “It’s Y!ou” marketing push.

No such luck!

Yesterday, Yahoo launched its online Yodel Studio (no, I am not kidding), where you can record your own yodel in various music genres, like, um, rap.

Yahoo held a kickoff event in New York’s Time Square yesterday–however did I manage to miss it, since I was in Manhattan?–with a passel of celebrity yodelers like Jewel, as well as one in London’s Covent Garden.

Today, there is a yodel event in Mumbai, India. Bollywood yodeling anyone?

Here is a link to the famous Yahoo yodel, by the way, if you are so inclined.

And here is a video of the Times Square event, and also the very memorable Yahoo commercial of Taylor Ware, after she won the Yahoo National Yodel Challenge contest in 2003.

Some things never change (even if they should!).

Lonely Planet, best known as a traditional travel guidebook publisher, is announcing a new U.S. head tomorrow, as it increasingly moves to reposition the company as much more of a “cross-media” platform.

John Boris–set to take over today as new managing director of Lonely Planet Americas, based at its Oakland, Calif., office–comes to the company from Zagat Survey, where he was the SVP of marketing and interactive.

Previous to that, Boris worked at 1-800 Flowers and Fresh Direct.

“I’m thrilled to be joining one of the world’s best-loved travel brands at such an exciting time, with Lonely Planet rapidly evolving as a cross-media travel player,” he said in a press release.

As the paid versus free content online debate gets louder over the next year, how well known brands like Lonely Planet–which has a strong reputation among consumers–handle the fallout will be more and more interesting to watch.

Indeed, in recent months, Lonely Planet has been escalating its digital content efforts, which was the initial promise when BBC Worldwide bought 75 percent of the Melbourne, Australia-based company for about $200 million in late 2007.

But the digitization of Lonely Planet’s business, as with many traditional media publishers like it, has been slow going, with 75 percent of its revenue still in print.

While that business remains profitable, the breakdown between print and digital will be changing sooner than later, since digital is where much of the growth is coming from, said CEO Matt Goldberg to me over a recent dinner in San Francisco.

Goldberg–who came to Lonely Planet early this year from Dow Jones, where he was SVP of digital strategy and operations, including for WSJ.com–noted that Lonely Planet’s digital businesses have doubled their revenues to $20 million this year via premium pricing and advertising.

Besides the obvious use of Twitter and Facebook, Goldberg flagged a number of the more promising and innovative digital initiatives now at work at Lonely Planet, especially in its key U.S. market.

They include:

* Leveraging the 700,000 registered members of Lonely Planet’s Thorn Tree community,

* The announcement this week of putting all or part of 600 of its travel guides on the international release of the Amazon (AMZN) Kindle e-reader.

* Work on collaborative trip planning for its “Trippy” gadget, as part of the Google Wave beta launched last week.

* A compass application for Google (GOOG) Android handsets that make use of augmented reality technology to highlight points of interest in cities. As Goldberg described it in an email, travelers will be able to “pan a city destination using the video on their handset and see Lonely Planet recommendations (points of interest from our City Guides) as virtual sticky notes above real live points of interest.”

* Over 500,000 downloads from around 70 premium-priced apps on the iPhone from Apple (AAPL), as well as various location-based guide apps for Nokia (NOK) and BlackBerry from Research in Motion (RIMM).

* Travel music collections featured on Spotify and other online music services.

Goldberg highlighted other interesting ideas, such as an online travel video contest and even a “hack” day in Australia recently, which will be followed by one in the U.S. in the late winter.

While not all of it is going to work, this kind of endless experimentation at Lonely Planet is probably the right way to keep figuring out how to deal with the seismic media shifts that show no sign of abating.

In a week, the entire advertising sales staff of MySpace will gather at a swanky new seaside resort about 20 miles south of Los Angeles to get a first glimpse of the fresh direction the company is preparing to take under its new management.

The beleaguered social networking site has been in the midst of an effort to reinvigorate its image, spur innovation in its product and–most of all–pull itself out of a too-long slump, even as longtime rival Facebook has seen explosive growth.

Now, with a new team of execs, the News Corp. (NWS) property is putting the finishing touches on a master plan, which will include a new redesign of its hopelessly messy interface and doubling down on a product strategy that will center on, said one source, “what we own”–namely, music and entertainment.

On the agenda, aptly enough, for the 150 ad sales employees, who will gather at Terranea in Palos Verdes, is Ben Sherwood, author of “The Survivors Club: The Secrets and Science That Could Save Your Life,” and founder of a Web site of the same name that describes itself as “the place for surviving and thriving.”

Also coming to the meeting will be several bands that have successfully leveraged MySpace as a platform, to talk about their experiences and to play for the crowd.

And, perhaps most importantly, the group might also get to meet its new boss by then, as several sources close to the situation said that MySpace has settled on an exec to fill the key job of running its ad business.

While it is unclear if the deal is completely done, sources said MySpace management will announce the pick this week.

Sources added that MySpace has been particularly interested in one exec from Viacom (VIA) and another from Microsoft (MSFT).

While the sources would not name the Viacom exec, several pointed to Keith Lorizio, Microsoft VP of U.S. sales, as someone MySpace has been targeting.

In late August, MySpace sales and marketing head Jeff Berman left the company as MySpace hired MediaLink, a New York- and Los Angeles-based media consultancy, to help get its ad sales business back on track.

That effort has been led by MediaLink President Wenda Millard, who is well known in the ad industry and was longtime leader of the ad sales force at Yahoo (YHOO).

Getting an experienced top ad exec in place will round out a recent spate of new hiring by MySpace, including a new CTO, Alex Maghen, who moved over from its MySpace Music joint venture, and a new CFO, Mark Rosenbaum.

This has been part of a wholesale flushing out of most of the top execs who worked under co-founder and former CEO Chris DeWolfe by new CEO Owen Van Natta.

Van Natta, along with COO Michael Jones and Chief Product Officer Jason Hirschhorn, have been squirreled away since late April, working at cleaning up the company by replacing management, restructuring its various units and cutting costs, including massive layoffs.

They have also been trying to come up with a plan to differentiate MySpace from Facebook, a good strategy since it is now well-nigh impossible for the Beverly Hills-based MySpace to catch up with the Palo Alto, Calif.-based Facebook’s galloping growth.

While the whole new offering will not be rolled out prominently until at least the first quarter of next year, said several sources, some changes will begin sooner, including a gradual redesign of the site.

Under the new plan, said several sources, the main idea will be to shift the focus to engagement over sheer audience numbers. While MySpace is still huge, with about 70 million monthly U.S. visitors, increasing how much time they spend on the site is the goal.

“It’s not like numbers are not important, but the better metric for MySpace will be how involved users are,” said one person close to the situation. “MySpace needs to win on minutes.”

And, rather than the wider and more scattershot approach of past years, the new direction being stressed is more scalable and focused.

“It is not about getting everyone and their mothers on MySpace,” said a source, “but about being a better site to those here.”

That will include stressing “ownership” of online categories, which for MySpace are music and entertainment, with the hope that advertisers will be attracted to more engaged users.

Unlike Facebook, which is often described as a utility platform for communications between friends, sources said MySpace will be aimed more at being a platform for communities of interest.

That includes using tools from other companies, such as MySpace’s recent two-way synch with Twitter, the hot microblogging service, to link those communities.

Presumably, the company’s August purchase of iLike, the social music start-up, is also part of that plan.

“Instead of the ability to just connect friend to friend in a single social graph, this will be about connecting a person to their communities of passion and interest and to others like them anywhere,” said one source.

Music is the obvious key leverage point, the still-bright spot of MySpace, followed by adding big entertainment categories like movies, television, gaming, video and other pop culture arenas.

(BoomTown request: Become the HQ for “Gossip Girl” addicts, um, fans, and I am so there.)

“MySpace should represent pop culture online to customers and advertisers,” said one source. “The core strength has always been music and that is where the site will really excel, because it binds customers to the service.”

The even heavier music focus on the main juggernaut site, noted several sources, does create an odd situation with MySpace Music, the separate joint venture the site has with music labels to create a massive music community.

While sources do not think News Corp. will attempt to suck MySpace Music back into the main site, due to the complex partnership issues, the idea is to make them even more deeply integrated and to sell them to advertisers as one powerful marketing message.

In any case, several sources noted that one of the most successful parts of the new plan has been to convince News Corp. leaders that MySpace does not have to beat Facebook to be successful.

Sooner than later, of course, MySpace has to do just that.

Will it work? Who knows, but said one source close to the situation quite correctly:

“There is no silver bullet for MySpace–it just has to climb back step by step.”

(Full disclosure: News Corp. also owns Dow Jones, which owns this site.)

This time it is tiny Cory Elliott, getting down with a diaper at 13 months old:

Since the beginning of the year, Apple shares have more than doubled from $90.75 on Jan. 2 to almost $186 today.

Google (GOOG) has done about half that performance, while Microsoft (MSFT) has done one-third. (See the chart below; click on it to make it larger.)

But that’s apparently not enough, according to Thomas Weisel analyst Doug Reid, who has raised his price target on Apple (AAPL) stock to $210 from $180 a share.

Citing higher sales and profit estimates, healthy demand and the iPhone headed to China–and the launch of a cheaper $800 MacBook soon–Reid wrote, “We believe there is a high likelihood Apple will fortify its entry into the holiday season and that such a move will be a positive for AAPL shares.”

While this all makes sense, one wonders if the froth can reach that level.

In any case, perhaps what is more interesting is the $166.4 billion market cap for Apple, which is well below Microsoft at $232 billion.

But it is well above Hewlett-Packard (HPQ) at $113.4 billion, Google at $158 billion, Dell (DELL) at $30.6 billion and Palm (PALM) at a paltry $2.4 billion.

With that kind of massive valuation and a pile of it in cash, perhaps the better question is what Apple will do with its soaring stock.

Oddly enough, Idina Menzel and Kristin Chenoweth singing the big number, “Defying Gravity,” in the musical, “Wicked,” sound a lot like they are channeling Apple’s corporate mantra these days.

Witness:

There’s no question that Spotify is the latest hot start-up of the moment, which would be super annoying to BoomTown–who is easily irked by never-ending froth around Web 2.0 companies–if co-founder Daniel Ek were not so sharp and the digital-music-on-demand service he created not so nifty.

But, indeed, Ek turned out to be a very refreshing and level-headed serial entrepreneur in an interview I had with him yesterday in London, where Spotify has an office.

While Spotify is only available in certain countries in Europe, Ek promises it will soon come to the U.S., presumably when he finishes negotiating with the major music labels–which all reportedly hold stakes in Spotify.

They would like it, given that Spotify is essentially a kind of not-iTunes, a label-friendlier version of the popular music-downloading software and service from Apple (AAPL).

So, it is probably likely Spotify will get the green light for its American invasion, especially given its strong performance in under a year, with several million users, mostly in the U.K., as well as Germany and Sweden.

Those consumers seem to like the simple and light software application that lets one find and play a terrific range of music instantly. (Spotify also recently released an iPhone app for mobile users.)

The innovative service is somewhat social and too light on recommendations, but the true appeal is the quick ability to build an eclectic online music library and discover new songs without having to spend a lot buying tracks.

Those who pay a monthly fee get those millions of songs without advertising, while those who use the free version get banner and audio ads. Spotify also makes money from users downloading songs and by spurring physical sales.

While it is still unclear if all this adds up to a big business–the online music business has been notoriously deadly to start-ups–investors have pumped tens of millions of dollars and given Spotify an alleged $250 million.

The start-up has also attracted the attention of U.S. Web hotshots, including Facebook founder and CEO Mark Zuckerberg, who complimented it on his status update recently.

Other big companies are also likely to take a look-see at Spotify for acquisition.

The 26-year-old Ek insists he is intent on building a huge standalone business. Famous last words, of course, but he talks a good game, as you can see in this video interview:

]]> http://kara.allthingsd.com/20090922/is-spotify-spot-on-co-founder-daniel-ek-talks-about-the-hot-online-music-start-up/feed/ 0 http://kara.allthingsd.com/20090918/parsing-the-legal-tantrums-of-zennstrom-and-friis/ http://kara.allthingsd.com/20090918/parsing-the-legal-tantrums-of-zennstrom-and-friis/#comments Fri, 18 Sep 2009 23:30:30 +0000 Kara Swisher http://kara.allthingsd.com/?p=18614

Is it just me or is it completely ironic that a pair of European entrepreneurs kept out of the United States due to tantrum lawsuits from the music industry are stamping their own legal feet like two ill-tempered toddlers of late?

That would be Niklas Zennström and Janus Friis, who today filed yet another lawsuit in their seemingly never-ending quest to win in court what they couldn’t in business dealmaking.

Today, via a new lawsuit, they are following through on their recent attempt to smear former Joost CEO Michelangelo Volpi.

Zennström and Friis co-founded Joost, you see, and last week were part of dumping him as a director and as its chairman, a job Volpi had retained when he left his top job at Joost to join Index Ventures in July.

Not satisfied with that, Joost also said then in an astonishing statement: “The company and its board of directors is conducting an investigation into Mr. Volpi’s actions during his tenure as CEO and as chairman.”

Of course, it is all part of the pair being on the very-sore-losing side of the $2 billion deal to buy Skype from eBay (EBAY).

Zennström and Friis got very rich selling the Internet telephony service to eBay in 2005.

This year, they turned around and tried to buy it back, hooking up with a group of private-equity investors.

Both Google (GOOG) and Microsoft (MSFT) also considered bids, and dropped out for various reasons.

And so did Volpi, in one of his first deals at Index–and the London-based venture firm was one of the smaller players on the winning side of the deal to buy Skype, putting up $75 million.

To complicate things further, Zennström and Friis also own a company called Joltid, which has licensed key technology for Skype to eBay.

Joltid and eBay have already been fighting in a British court over that agreement, bickering back and forth about whether eBay violated the terms of that deal or not.

Earlier this week, via Joltid, Zennström and Friis also filed suit again against Skype and its owner, eBay, for copyright violations in the U.S.

For good measure, they also added the winning buyout group, including Silver Lake Partners, Index, Andreessen Horowitz and the Canada Pension Plan Investment Board.

Did I forget to mention that lawsuit-happy Zennström and Friis also sued the investment banker who represented them in the original Skype sale?

So, it comes as no shock that both Joltid and Joost–aka Zennström and Friis–announced yesterday that they are suing Volpi personally, as well as Index again.

They allege tech skullduggery on Volpi’s part, in which he used confidential information he learned at Joost to thwart Joltid.

Evidence and proof–on first blush–seem to have little to do with this and ire at losing a deal and trying to gain leverage for a settlement seem to be the true game.

And what their next legal move might be is anybody’s guess.

But you get the idea here, don’t you?

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