Silicon Valley legend and now VC Marc Andreessen was making the interview rounds after the settlement between the litigation-addled co-founders of Skype and all the various people they were suing was announced this morning.

He has been tight-lipped until now, due to the morass of lawsuits.

But, as Andreessen told BoomTown in a phone interview about the aggressive legal tactics of Niklas Zennström and Janus Friis that resulted in them finally seizing a stake in the Internet telephony giant by suing him and many other Silicon Valley players:

“We did not take it personally. It’s a clean sheet of paper.”

Well, it is actually a torn, stained and very worn out piece of paper, due to all the various machinations, but bygones!

Andreessen–who knows a thing or two about legal tussles, if you recall Netscape-Microsoft (MSFT)–said the real point is that it is time to focus on the business of Skype rather than fighting over who controls Skype.

“It’s really good to have everyone lined up and rowing in the same direction. We have to capitalize on the opportunity, because Skype is poised for a new wave of growth,” said Andreessen. “They have an amazing head of steam, because the logical way for voice and video communications to be conducted will be over the Web.”

Thus, Zennström and Friis now join the winning buyout group, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board, along with eBay, in owning Skype.

But Index Ventures, which was in, is–as Heidi Klum might say–out!

Under the terms of the agreement, Niklas Zennström and Janus Friis will take a 14 percent stake in the company they founded and then sold to eBay (EBAY), which will include an undisclosed investment by them.

I reported yesterday that the total was 13 percent–10 percent for the rights to key Skype technology held by the co-founders and the option to invest $83 million for three percent more.

In exchange, the pair will give Skype software essential to its operation and drop their various lawsuits against eBay and Skype’s buyers.

As for Zennström and Friis’s egregious use of the courts to grab their 14 percent stake in Skype, litigation they waged after losing their bid to buy Skype back from eBay, Andreessen was being very politic.

“We love working with aggressive founders and are in favor of founders being involved in their companies,” he said. “Great founders are not known for being shy and reserved. Look at Bill Gates. It’s not a question of personality, but of accomplishment.”

Noting that he had not worked with the pair before, Andreessen (pictured here) said, “We have a lot of respect for them. We think they’re geniuses.”

But, I queried, would he have used such tactics?

“It’s not a book club, it’s a super-serious, high-stakes game,” said Andreessen. “I don’t know; I’ve not been in the situation they’re in. If your goal in life is to avoid drama, this is probably the wrong industry for you.”

Perhaps, but I told him that I doubted even a battle-hardened entrepreneur like Andreessen would use the courts in such a manner to achieve business goals.

To each his own, said Andreessen!

“One of our investing mottos is that we invest in strength, not lack of weakness,” he said. “The question is how big is the opportunity.”

And, apparently, it is big enough to overlook all the drama that has gone on.

Andreessen said he expects to be more involved at Skype–which, with his $50 million investment, is the biggest deal in his $300 million fund–than other board members, noting different directors have different roles.

It’s a big board of 23, as I had previously reported. Zennström and Friis are each getting a seat.

“We are going to be helpful,” Andreessen said about his fund’s role at Skype. “We’re a company picker, looking for those that have the greatest potential.”

Andreessen, ever the diplomat, made sure to add that that also means doing business with Index, the member of his Skype consortium that departed as Friis and Zennström (pictured here) entered, due to stark tensions between the two sides.

“I have a lot of respect for [Index partners Danny Rimer and Mike Volpi] and expect to work with them a lot in the future,” said Andreessen. “In fact, I am talking to them today about two other deals.”

In other words, in Silicon Valley, the big wheel just keeps on turning.

According to several sources close to the situation, barring any unforeseen delay, a deal to settle the Skype imbroglio is likely to be announced around the time the markets open tomorrow.

[UPDATE: The paperwork is taking longer than expected, so sit tight, said sources.]

While the massive agreement–which will settle three aggressive lawsuits lobbed by Skype co-founders Niklas Zennström and Janus Friis at a wide range of prominent Silicon Valley players–is not yet officially signed, sources said lawyers are apparently putting the finishing touches on the paperwork and have signature papers completed by both sides to be able to wrap it up quickly.

So, while nothing is ever over until it is over, it looks like it is over.

Sources also said that as part of the deal to end the legal madness, Zennström and Friis will get 10 percent of Skype back for rights to key software technology they control, an option to pay $83 million for another three percent of the Internet telephony service and two seats on the 23-member board.

Also, BoomTown has learned that a partridge in a pear tree will be thrown in to guarantee a lasting peace.

All kidding aside, the settlement is proof that squeaky wheels–especially if they hire the combative litigators of Skadden Arps–get the grease.

As has been previously reported, one of the investors in the consortium that won the bidding to buy 65 percent of Skype from eBay (EBAY)–which itself had bought it in 2005 from Zennström and Friis–has withdrawn its investment and involvement as part of the settlement.

That would be London-based Index Ventures, which was a smaller player in the group with–ironically–a three percent stake.

Nonetheless, Index had an outsized fight going on with Zennström and Friis.

That’s due to their ire, aimed at Index’s Mike Volpi, who was CEO of Joost, the failed online video site the pair founded.

After Zennström and Friis lost their own bid to buy back Skype, they quickly sued Index and Volpi via tech companies they control, Joltid and Joost, in Delaware.

The pair alleged that Volpi used confidential information gleaned from his time as Joost CEO to unfairly help the winning consortium acquire Skype.

The lawsuit was particularly vindictive, using embarrassing emails and making pointed accusations about Volpi plotting all kinds of nefarious schemes, like Lady Macbeth on steroids, on his way out of Joost.

I am not sure what law one can break for wanting to leave a job or how much damage one can do to an already failing business, but that did not stop Zennström and Friis from trying to pin some specious accusations on Volpi.

(I wouldn’t have been surprised if they had accused Volpi of being responsible for Balloon Boy.)

But such legal attacks obviously worked, making Index loath to stay in an economically less attractive deal with lessened influence over Skype.

And eBay and the other investors obviously wanted closure, so they could get on with the work of turbocharging Skype.

The fighting between Index and the Skype founders was just one part of the legal morass.

Zennström and Friis had already been in a battle over software licensing issues with eBay in London courts.

They also filed suit again in California against Skype and eBay for copyright violations.

For good measure, the pair added the winning buyout group, including Index, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board, in that lawsuit.

(In legalese–and in honor of the Yankees winning the World Series tonight–such massive lawsuit-making is called covering all your bases!)

Of course, Volpi and Index fired back in court filings and both sides armed themselves with powerful PR guns.

Presumably, those same mouthpieces–who have been slagging the other side for weeks–will now be at the ready with honeyed tales of reconciliation tomorrow.

Call me cynical, but we’ll see how long that lasts.

“[Zennström and Friis] got what they wanted by using Volpi as a pawn and the lawsuits as a club,” said one person close to the situation. “Everyone is moving on, but not everyone is going to forget what they did to get what they wanted.”

According to sources close to the situation, Index Ventures and Michelangelo Volpi are out of the deal to buy Skype–and their lawsuit-loving nemeses, the founders of the Internet telephony service, are in.

Skype founders Niklas Zennström and Janus Friis had sued Index and partner Michelangelo Volpi via tech companies they control, Joltid and Joost.

The pair had already been in a legal battle over software licensing issues with eBay (EBAY), the company that had sold Skype to in 2005.

They then accused Index and Volpi, employing a reputation-bashing style, of using confidential information as part of a consortium bid to acquire a large chunk of Skype.

Volpi had been Joost’s CEO.

Volpi and Index fired back in court filings and both sides armed themselves with powerful PR guns.

Ironically, Index was only a small part of the group that won the deal to acquire Skype from eBay recently.

News of the serious settlement talks was reported earlier this week by GigaOm’s Om Malik.

The New York Times’s Brad Stone also added significantly to the story about the settlement today, noting the Skype founders would be getting a stake and that Index “is most likely withdrawing from the deal.”

Well, most likely now means certainly for Index, sources told me, and the London-based venture firm that bid for Skype has to bid that deal goodbye.

More details to come, but it’s sure proof that the legal system, such as it was used, works.

The legal high jinks in the contentious battle over the fate of Skype got worse this afternoon, as former Joost CEO Michelangelo Volpi and Index Ventures filed a motion to dismiss a lawsuit brought by the founders of Skype–Niklas Zennström and Janus Friis, via Joost and Joltid–against them.

It’s yet another chess move among a group of well-known tech players, who used to work together closely and are now at odds.

In a filing in the U.S. District Court in Delaware, Volpi and the London-based Index–where Volpi now works–noted, referring to a bid Zennström and Friis made to regain control of Skype, which they sold to eBay (EBAY) years ago:

“Instead of accepting the fact that their bid failed in the marketplace, Friis and Zennström are now using inflammatory and highly-charged litigation–through companies that have no relationship to the Skype purchase–to try to achieve their personal business goals.”

A spokesman for Joost and Joltid did not agree with Volpi’s assessment:

“Mr. Volpi’s latest motion appears to have been prepared prior to Defendants receiving Plaintiffs’ Motion for Preliminary Injunction, which is filled with evidence supporting Plaintiffs’ claims. In light of this strong showing of substantive evidence, much of it from Mr. Volpi’s own correspondence, there is no basis for Mr. Volpi’s assertion that Plaintiffs have somehow failed to state a claim upon which relief can be granted.”

Index was a small player within a group that won Skype, putting in $75 million, in a $2 billion deal that is set to close in the next few weeks.

The motion to dismiss the filing is not surprising given that Joost and Joltid filed a motion for preliminary injunction against Volpi and Index yesterday.

They are asking that he not use knowledge or confidential information he got at the video start-up in current dealings with Skype.

To complicate things further, the innovative and entrepreneurial pair also own a company called Joltid, which has licensed key technology for Skype to eBay.

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

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

And both Joltid and Joost have also sued Volpi personally, as well as Index, making serious allegations about his behavior as Joost CEO.

Here are several key legal filings to peruse, for all you “Law & Order” types:

Motion to Dismiss _00302105_ –

Opposition to Motion For Expedition _00302104_ –

Volpi Opening Brief 10.15.09 _00302101_ –

Perhaps the sides in the ever-escalating war over the Skype deal will work out their differences and settle–which is what should and probably will eventually happen after everyone realizes how stupid all this noisy legal wrangling over the Internet telephony giant is.

But that day is decidedly not today, given a pair of recent PR hires by parties involved.

The founders of Skype, via the two tech companies they control, Joost and Joltid, have hired Sitrick & Company, headquartered in Los Angeles, while Index Ventures has tapped Joele Frank, Wilkinson Brimmer Katcher, based in New York.

Both strategic communications and public relations firms are well known for employing some very sharp elbows and extremely tough talk when it is time for some creative corporate crisis management.

And both are familiar with tech issues, having worked on contentious issues related to companies such as Microsoft (MSFT), Yahoo (YHOO), CBS (CBS) online unit CNET, and others.

And there is plenty of bad blood to work with here.

Yesterday, in yet another legal volley, Joost and Joltid filed a motion for preliminary injunction against former Joost CEO Michelangelo Volpi and Index Ventures, where Volpi now works as a partner.

They are asking that he not use knowledge or confidential information he got at the video start-up in current dealings with Skype.

Legal attacks have become the negotiating tool of choice from the founders of Skype, Niklas Zennström and Janus Friis, who were on the losing side of the $2 billion deal to buy the Internet telephony giant from eBay (EBAY).

Volpi is now a partner at London-based Index, which was one of the smaller players on the winning side of the bid, putting up $75 million.

To complicate things further, the innovative and entrepreneurial pair also own a company called Joltid, which has licensed key technology for Skype to eBay.

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

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

And both Joltid and Joost have also sued Volpi personally, as well as Index, making serious allegations about his behavior as Joost CEO.

This kind of mud-slinging could get even worse with the hiring of big PR firms.

Along with Frank and Sitrick, by the way, Silver Lake–which is the big player on the winning side–has hired Edelman’s crisis and issues management team.

Interestingly, several sources said, the various players have also been engaged in settlement talks, even as the lawsuits have piled up.

Coming to some agreement is clearly the best outcome, although it does not appear that the spate of lawsuits has yet derailed the eBay deal with the Silver Lake-led group, which could even close in the next several weeks.

“Everyone should be thinking ahead of the headlights,” said one source. “But right now, it seems to be all about emotions.”

Earlier today, Joost and Joltid attacked!

The pair of companies, which are controlled by Skype co-founders Niklas Zennström and Janus Friis, filed a motion for preliminary injunction against former Joost CEO Michelangelo Volpi and Index Ventures, where Volpi now works as a partner, asking that he not use knowledge or confidential information he got at the video start-up in current dealings with Skype.

It’s the latest volley in an ever-escalating battle over the Internet telephony giant, which also involves eBay (EBAY).

As a public service to all readers who really have nothing else to do, here are the 10 filings related to this latest legal maneuver:

PI Brief – PUBLIC –

Motion To Expedite –

Motion To File Under Seal –

Proposed Order To Expedite –

Proposed Order To File Under Seal –

Exhibits 1-20 to Declaration of S. Dargitz In Support of PI – PUBLIC –

Declaration of S. Dargitz In Support of PI – PUBLIC –

Declaration of Justin Erenkrantz In Support of PI –

Declaration of Janus Friis Degnbol In Support of PI –

Declaration of Owen O’Donnell In Support of PI –

Joost and Joltid filed a motion for preliminary injunction against former Joost CEO Michelangelo Volpi and Index Ventures, where Volpi now works as a partner, asking that he not use knowledge or confidential information he got at the video start-up in current dealings with Skype.

The move is yet another legal attack from the founders of Skype, who were on the losing side of the $2 billion deal to buy the Internet telephony giant from eBay (EBAY).

Opening the “Memorandum of Points and Authorities in Support of Plaintiff’s Motion for Preliminary Injunction,” which is shown below and is full of tough allegations about Volpi’s misbehavior:

“This action arises out of the acts of a faithless fiduciary, defendant Michelangelo Volpi, who, despite being the chief executive and Chairman of Joost, embarked on a systematic scheme to breach his fiduciary duties and promote his own self-aggrandizing campaign to become the next chairman of internet telephony leader Skype Inc.”

Volpi, who declined comment for now, was CEO of Joost, arriving at the much-hyped online video start-up to great fanfare in mid-2007.

But the London-based Joost never quite caught fire and began layoffs and contraction this summer.

As part of that development, Volpi then went to Index Ventures, a venture firm also based in London.

And, in one of Volpi’s first deals, Index was one of the smaller players on the winning side of the bid to buy Skype, putting up $75 million.

But also vying for the prize were the Internet telephony service’s founders, Niklas Zennström and Janus Friis, who had hooked up with a group of private equity investors.

To complicate things further, the innovative and entrepreneurial pair also own a company called Joltid, which has licensed key technology for Skype to eBay.

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

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 Index, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board.

And both Joltid and Joost–aka Zennström and Friis–also sued 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.

UPDATE: Here is the press release, with the official filing below:

Joost and Joltid File Motion for Preliminary Injunction Against Michelangelo Volpi

And Index Ventures Management, Seeking to Prevent Their Use of Confidential Information In Connection With the Acquisition or Management of Skype

Wilmington, DE (Oct. 14, 2009)–Joost US, Inc., its indirect parent company Joost N.V., and Joltid Limited today filed a Motion for Preliminary Injunction against Michelangelo Volpi and Index Ventures Management in the United States District Court for the District of Delaware. In support of the Motion, the plaintiffs also filed a Memorandum of Points and Authorities containing facts and legal arguments, witness declarations and other evidence.

The Motion for Preliminary Injunction asks the Court to enjoin Index and Volpi from using any of Joost’s and Joltid’s confidential information regarding (among other things) the Global Index Software, the technology developed and owned by Joltid that provides the peer-to-peer capability embedded in the Skype program. The Motion also asks the Court to enjoin the defendants from: (i) using the confidential information in connection with the operation or strategic planning of Skype; (ii) communicating such information to other parties in the “Buyout Group” that has made a bid to acquire Skype from eBay Inc.; (iii) soliciting employees of Joost and Joltid with offers to join Skype; (iv) having communications with current or former employees of Joost or Joltid regarding the companies’ confidential information; and (v) further participating in the Skype acquisition or assuming any position with Skype until a final adjudication of the merits of the case.

The Motion for Preliminary Injunction, Memorandum of Points and Authorities, and supporting declarations are available on the internet at https://www.lexisnexis.com/fileandserve. The case name is Joost US Inc. et al v. Volpi et al and the Case Number is 1:09-cv-708.

The plaintiffs filed a lawsuit against the defendants on September 18, 2009, alleging breach of fiduciary duty against Volpi, aiding and abetting breach of fiduciary duty against Index, interference with prospective business advantage, misappropriation of trade secrets, breach of contract against Index, breach of confidence, and civil conspiracy. The Motion for Preliminary Injunction seeks interim relief until the lawsuit can be completed.

And here is the key filing, one of 10 in the case:

PI Brief – PUBLIC –

On a recent visit to Los Angeles, BoomTown stopped in at the Santa Monica HQ of Docstoc, a start-up aimed at document-sharing online.

I have long been interested in the next paradigm for all sorts of publishing (see a post on my visit to larger rival Scribd tomorrow).

And Docstoc is certainly among the more innovative sites, letting users store, search and share business, legal and other documents for free.

Founded by Jason Nazar (CEO) and Alon Shwartz (CTO) and armed with several million dollars in funding from angels and venture firms–such as MySpace COO Michael Jones and Rustic Canyon Partners–Docstoc has seen millions of documents of all kinds uploaded.

Whether this turns into a massive and lucrative business or not is still unclear, but it’s inevitable that one of the start-up players will become the dominant place to find professional documents.

Nazar, whose previous life was as a consultant, talked about all this and more in my video interview:

]]> http://kara.allthingsd.com/20090928/docstoc-ceo-jason-nazar-speaks/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?

]]> http://kara.allthingsd.com/20090918/parsing-the-legal-tantrums-of-zennstrom-and-friis/feed/ 0 http://kara.allthingsd.com/20090831/louie-swisher-hearts-redbox-but-hollywood-not-so-much/ http://kara.allthingsd.com/20090831/louie-swisher-hearts-redbox-but-hollywood-not-so-much/#comments Mon, 31 Aug 2009 22:10:02 +0000 Kara Swisher http://kara.allthingsd.com/?p=17783

If you want to get Hollywood movie studio types irked, mention Google (GOOG). And if you want them steamed, bringing up Netflix (NFLX) will usually work.

But if you want to see the tops of their heads blow off, Redbox is just the ticket.

Except not to their movies, it seems, if the major movie studio execs have their way in an ever-growing legal battle with the DVD-rental kiosk company.

Three of them have become embroiled in lawsuits with Redbox, even as the DVD market contracts.

Well, not for Redbox–which is located in Oakbrook Terrace, Ill., and is wholly owned by Bellevue, Wash.-based Coinstar (CSTR).

It is seeing strong rental growth due to its $1-a-night price for first-run movies, which the company distributes via its 15,000 freestanding machines in supermarkets and convenience stores, as well as in big chains like McDonald’s (MCD), Wal-Mart (WMT) and Walgreens (WAG).

Redbox is arguing that once it buys DVDs from the studios through wholesalers, it can charge any price it wants.

Studios beg to differ, claiming that bargain-basement pricing is hurting the market and that Redbox should not get the goods until after the first month of release of movies into the DVD market.

“These guys are simply grossly undervaluing our content,” said one studio source, in what is a typical sentiment. “We get the windowing model is changing, but we can’t just give these guys our stuff at a low, low price to essentially enable them to give it away…and that’s exactly what they wanted us to do.”

Thus, it’s a perfect set-up for legal high jinks about the issues of steep discounting, windowing and the price for premium content.

Redbox recently sued Warner Home Video, owned by Time Warner (TWX), for denying it the opportunity to buy DVDs without being required to wait a month or more to rent them out.

It has previously gone after NBC Universal’s Universal Studios Home Entertainment, owned by GE (GE) and 20th Century Fox, a unit of News Corp. (NWS), for similar release restrictions.

And while some studios are holding fast to fighting price declines represented by consumer-friendly, idiot-proof tech solutions like Redbox, others are not.

Redbox has inked deals with Sony (SNE), Lions Gate (LGF), Paramount, a unit of Viacom (VIA), and also gets movies from Disney (DIS).

It’s a fascinating case to watch–yet another wrinkle in the what-is-content-really-worth question that has been plaguing all traditional media.

Unfortunately for those companies, the kids seem to love it, as you will see from this video I did while renting movies at our local Safeway (SWY) with my seven-year-old son, Louie, at a small competitor to Redbox with about 1,400 outlets called DVDPlay.

We use both, but Louie–like a lot of consumers–is most definitely a fan of the Redbox method.

Here’s the video:

[Full disclosure: News Corp. owns Dow Jones, which owns this site.]

]]> http://kara.allthingsd.com/20090831/louie-swisher-hearts-redbox-but-hollywood-not-so-much/feed/ 4 http://kara.allthingsd.com/20090622/another-top-exec-gone-from-fim-as-it-readies-a-name-and-structure-change/ http://kara.allthingsd.com/20090622/another-top-exec-gone-from-fim-as-it-readies-a-name-and-structure-change/#comments Mon, 22 Jun 2009 21:00:58 +0000 Kara Swisher http://kara.allthingsd.com/?p=14816

Mike Angus, EVP and General Counsel of Fox Interactive Media, is departing that job for another in New Corp. (NWS), as new digital head Jon Miller continues to reshape the division.

Last week, BoomTown reported that FIM CFO Ed McKenna was leaving his post and also the company, part of many changes taking place related to News Corp.’s digital properties. (News Corp. owns Dow Jones, which owns this Web site.)

It’s all part of a major rejiggering of FIM, which came into being almost four years ago, although not an elimination of the unit, as has been reported.

More likely, it will include a name change–perhaps to the Digital Media Group–as well as a much streamlined organization that gives more autonomy to FIM’s Web, online advertising and publishing technology units.

The largest of those Internet sites in FIM is, of course, MySpace.

Since Miller arrived in the early spring, he has focused on fixing the troubled, but still huge, social-networking site.

He quickly replaced its co-founder and CEO, Chris DeWolfe, with new managers.

Those execs, led by former Facebook exec Owen Van Natta, have done massive layoffs at MySpace recently and are now beginning a major overhaul of its product, which needs to innovate after a fall-off of growth and engagement.

“In a lot of ways, FIM has become an artificial construct and a lot of the infrastructure it has created should be out in the individual businesses,” said one person close to the situation. “So, since it is not really an operating unit, it will be taken down to the minimal size to make it work.”

That apparently means it does not need a separate CFO or even a general counsel.

Currently, there are about 100 FIM-only employees, mostly in human resources, accounting and legal. Some of those will likely be farmed out to the units they primarily service or be let go if those units decide they do not need the staff.

The original idea of FIM was to create a unit to house most of News Corp.’s standalone digital units, including MySpace and IGN videogame and entertainment sites, and to have common financial, legal and even ad sales execs to serve them.

The concept is that they all had tech, legal, policy and synergistic reasons for being together.

Said a News Corp. press release from July 2005, which announced both the Angus and McKenna hires:

“News Corporation today announced the formation of Fox Interactive Media (FIM), a new unit that will leverage the strength of Fox’s distinctive entertainment, news and sports brands across the Internet to offer a richer online experience to its millions of users.”

That construct, said many people I interviewed inside and outside News Corp., was built to accommodate a much larger unit, with additional large acquisitions after the MySpace one.

Those never happened, although News Corp. was in many such talks with giants such as Yahoo (YHOO), Time Warner (TWX) online unit AOL and Microsoft (MSFT) about trading assets.

“Over time, FIM became more like a shadow government,” said one person familiar with the situation. “Now, it makes sense for the properties to govern themselves, with a lot less meddling and let them rise and fall on their own.”

Many News Corp. sources point to the success of premium video service Hulu, which is run as a joint venture with GE (GE) unit NBC Universal, as being managed relatively autonomously by experienced Internet execs with less corporate involvement.

The result has been a popular and fast-growing site, which has gotten kudos for its innovative consumer offering (although it is still working on finding a highly lucrative business model).

Does that mean that some units, such as MySpace, could even be spun out again?

Doubtful for now, said several sources, but still a possibility.

In any case, the idea of a corporate layer over corporate units within a larger corporation does seem less than fleet in the faster-moving Web 2.0 world.

As to the new name of the unit, besides the chief digital officer title, Miller also was given the title of chairman and CEO of the newly created News Digital Media group.

Therefore, several sources said that the units could be under a simpler and lighter Digital Media Group umbrella.

]]> http://kara.allthingsd.com/20090622/another-top-exec-gone-from-fim-as-it-readies-a-name-and-structure-change/feed/ 0 http://kara.allthingsd.com/20090213/law-and-disorder-the-curse-of-the-winklevii/ http://kara.allthingsd.com/20090213/law-and-disorder-the-curse-of-the-winklevii/#comments Fri, 13 Feb 2009 08:08:56 +0000 Kara Swisher http://kara.allthingsd.com/?p=9749

One thing that’s nice in these volatile times is that the Winklevoss identical twins–aka the Olympic rowing hunks whom Facebook founder Mark Zuckerberg seems to have repeatedly dunked since college–can always be relied upon to create nonstop entertainment for those riveted to their increasingly kooky lawsuit against the hot social-networking site.

(Tyler Winklevoss is pictured here and Cameron Winklevoss is below.)

This week, the latest news came from a bizarre cut-and-paste technique that allowed the Associated Press to get redacted financial details of the settlement related to a lawsuit between Facebook and the Winklevosses, in which they alleged that Zuckerberg stole the idea for Facebook from them.

The method of how AP got to the numbers–getting to the “blacked-out portions by copying from an electronic version of the document and pasting the results into another document”–was perhaps the most interesting piece of news in the hubbub.

That’s because the $3.7 billion valuation for Facebook uncovered Harry Potter-style in the court papers–although treated as new news by the blogosphere–was actually old news from a while back.

For those not paying attention, the legal document revealed that Facebook agreed to pay the Winklevoss-founded social site ConnectU $20 million in cash and 1,253,326 shares of common stock.

The worth of those shares depends on whether you are using Facebook’s “own appraisal” to set the value of the start-up at $3.7 billion or the fictional-from-the-get-go $15 billion from when Microsoft (MSFT) forked over $240 million for preferred shares in Facebook in late 2007.

(If you’re bored, you can play investigative reporter on the docs here too!)

In any case, it’s only the legal hijinks–either via rank incompetency or, more likely, creative leaking–that I want to know more about, especially since heretofore confidential information seems to keep seeping out of this case like some hole-plagued rowing shell.

Besides the invisible ink trick, there was also the “accidental” leak earlier this week by the law firm that once represented ConnectU against Facebook about how well it had scored for the Winklevosses.

In a marketing newsletter, Quinn Emanuel Urquhart Oliver & Hedges bragged it had earned them the higher $65 million figure, based on the Microsoft valuation, rather than the lower Facebook one.

ConnectU fired Quinn Emanuel over the settlement–likely because the lower figure was the right one–and, presto, the new information suddenly emerges.

And last year, Zuckerberg was subjected to widespread ridicule after the Boston-based magazine 01238 got hold of all sorts of court-sealed goodies about his bad behavior while a student at Harvard University, where he created Facebook.

It just gets curiouser and curiouser.

Of course, the documents that still have not gotten leaked are the alleged “smoking gun” that shows Zuckerberg to be guilty and the Winklevii redeemed. While many on the twins’ side have persistently insinuated they exist, such proof has not surfaced as yet.

That’s why, until then, this whole legal circus remains a ship of fools.

]]> http://kara.allthingsd.com/20090213/law-and-disorder-the-curse-of-the-winklevii/feed/ 0 http://kara.allthingsd.com/20090113/new-blog-microsoft-on-the-issues-needs-some-sassier-issues-boomtown-to-the-rescue/ http://kara.allthingsd.com/20090113/new-blog-microsoft-on-the-issues-needs-some-sassier-issues-boomtown-to-the-rescue/#comments Tue, 13 Jan 2009 18:00:58 +0000 Kara Swisher http://kara.allthingsd.com/?p=8416

With a new administration coming into power, it makes a lot of sense for Microsoft to launch its new “Microsoft on the Issues” blog this week.

Covering legal and policy issues, the opening post by Microsoft (MSFT) General Counsel Brad Smith noted:

Today we are launching ‘Microsoft on the Issues’ to open another, more direct line of communication that will enable us to quickly and succinctly provide our perspective on the pressing technology matters of the day. We do not want this to be a one-way conversation. We want to create a transparent dialogue with readers and stakeholders. We want to enhance our participation in discussions that propel policy-making at local, national and international levels.”

But, so far, with only two posts and few comments, it’s a tad dry–and, by that, I actually mean dull–and in desperate need of some spicy sauce to jazz up the joint.

Here are some modest BoomTown suggestions:

Never seen before behind-the-scenes photos of Microsoft honcho Bill Gates cracking wise with the legal team during the software giant’s antitrust trial in the late 1990s!

CEO Steve Ballmer’s personal ruminations in a “BOMB-er” blog on the dangers of Google (GOOG) dominance over search–the uncensored version!

A legal argument about how Yahoo (YHOO) CEO Jerry Yang should be declared incompetent for not taking Microsoft’s very, very, very generous offer. (Title: “Is It Something We Said?”)

Microsoft’s collection of the outtakes from the Jerry Seinfeld commercials, with a very special essay about the Constitutional right to be extremely weird.

No?

I guess, as Smith wrote, it will be a “wide range of issues, from broadband access, online privacy and data portability to intellectual property protection, competition law, international trade and immigration.”

Also, he promises to write about the “next wave in the computing revolution and its potential to use the power of software and the Internet in new ways to enhance choice for consumers, businesses and governments.”

Thus, the first post–on workforce development and skills training by Global Corporate Affairs VP Pamela Passman.

In any case, I am still waiting for that Ballmer blog.

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