Jonathan Richards
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Mark Zuckerberg, the 23-year-old founder of Facebook, will today be accused of stealing the idea for his enormously popular social networking site from a rival website.
Mr Zuckerberg is being sued for stealing the source code – and design – of Facebook from ConnectU.com, a similar, university-based social network which he worked for briefly as a programmer four years ago.
At a district court in Boston, Massachusetts, ConnectU's founders, who were in the same year at Harvard as Mr Zuckerberg, will demand that Facebook be shut down and that control of the site – and its profits – be handed over to them.
Cameron and Tyler Winklevoss, and their business partner Divya Narendra claim that Mr Zuckerberg stole not only "the basic idea" of Facebook from ConnectU, but also its specific code which, they say, was "proprietary and confidential."
Their action alleges copyright infringement, misappropriation of trade secrets, and breach of contract.
The case comes at an inopportune time for Facebook, which last year reportedly turned down an offer as high as $1 billion from Yahoo! and is widely considered to be on the verge of listing on the stock market.
Accusations that the claimants are being opportunistic appear, however, to be misplaced. The lawsuit was first brought in August 2004, when Facebook had only 200,000 registered users, and it is only because of procedural delays that it has not been heard until now.
According to an article in the Stanford Daily three years ago, Mr Zuckerberg began working with the team from ConnectU.com in November 2003, doing coding, attending meetings and sending e-mails.
He then left the site, which at the time was called Harvard Connection, to develop his own ideas, and three months later launched Facebook, which the plaintiffs claim took away a valuable business opportunity.
Mr Zuckerberg has admitted that he did six hours of coding for ConnectU on a voluntary basis, but said that he thought the site was a "personals page" and not a social networking site.
Mr Winklevoss disagreed, telling the paper: "It was clear to him what we wanted. He stalled us for months while he worked on his own idea, which he launched in February as an original idea."
In March this year, ConnectU's case was dismissed on a technicality, but because the legal merits were not ruled upon, the site's founders filed a new action, which is due to be heard on Wednesday.
Mr Zuckerberg denies any wrongdoing, and has asked that the case be dismissed.
In a response to ConnectU's claims, Facebook's lawyers, Orrick, Herrington & Sutcliff, said: "Only one of the students had an idea significant enough to build a great company. That person was Mark Zuckerberg."
Facebook, which now has about 39 million users worldwide, has also countersued, accusing ConnectU of tort violations and unfair business practices, according to a report on Portfolio.com.
A spokesman for Facebook was not immediately available for comment.
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I noticed a friend on FB joined a group protesting its shut down within 30 days. I joined, read and researched some links.
I Googled ConnectU which says it: "... is an online community for students and alumni of colleges and universities." Period.
Doesn't sound a it like Facebook.
PC, Boston, United States
so they want to close facebook down out of jealousy....they don't care that they will be creating hardship for 70 mil + users...i use this site to keep in contact with my friends.....wow such greed, but alas it's a sign of the times....
merritt, new york city, america
To re-iterate other comments - I have started using facebook maybe for a year or so now. I have connected with school friends I havent had contact with since 1990 - one of them even came to my desk at work - I didn't know she worked here; she's married and her name had changed - that's what is so great about facebook - the social connections it allows you to make without the crap of myspace and bebo - it's myspace for adults.
The judge needs to realise that there is so much more at stake than just control of a company - but I guess in the eyes of the law it doesn't matter how popular something is.
This sounds sad, but I would be genuinely disappointed if facebook was shut down or changed significantly in it's functionality, due to the jealous coders taking over and zuckerberg being ousted. There is so much more at stake than money, this sounds desperately deep, but there are peoples connections with friends at stake here.
Daniel Tyler, westgate on sea, kent
Frankly, it seems that the guy saw a great idea and stole it.
Chris, Kawaguchi, Japan
The ConnectU founders should just stand back. Facebook is a HUGE success and they are just jealous.There is no proof that it would have worked if they launched it. MySpace was on the market the same time they launched ConnectU.So no business opportunity was taken away from them. If they shut down facebook or hand it over to these very stupid people I vow to use MySpace and not sit a finger in their site.Get over it.If you were meant to make a success you would have done so with ConnectU.But you couldn't.
carin, chiayi,
In the larger scheme of things, do the ConnectU people know about deliberate projected negativity. What you put "out there"
better be darn good because it DOES come back to you..threefold..doesn't matter how technical you want to be, truth is this IS all an illusion and what happens when the proverbial kaka hits the fan...netowrk, we won't even have the ground, the space, we'll be too busy trying to stay alive..Incidntally this is the stuff wars are made of, so this desentsion only adds to that energy
Donnalee Moran, Port Coquitlam BC, Canada
Just becuse you did'nt deside to jump aboard the train, does'nt meen someone else will or won't. Sometimes when someone else finds that someone has a good idea, they look at that idea, deside what the positives and negetives are, and ajust acordingly. Sometimes when they sow up with that idea they formed in "their" head and shout it aloud pepole do listen.
John-Mark Whitsett, anderson, IN,
evidently, zuckerberg saw a great opportunity and jumped on it, before the others had a chance...it's just business baby.
jared moore, west lafayette, in
Yes it is what Billy boy did with DOS.
Computers seem to be dominating people's lives! Yes, they are a very efficient form of communication but I think that we rely on the far too much and the younger generation are being affected (not in a good way) by such intense usage of computers and similar technologies. What happens when we experience natural disasters - flooding, earthquakes...whats the backup plan???
Nick White, London, UK
Yeah, I think Facebook is the best. I connected with people I have last seen more than 10 years ago. It's amazing and people will just go crazy if they should ever loose what they just found - Facebook.....
I Quote from the article: " Mr Zuckerberg denies any wrongdoing, and has asked that the case be dismissed.
In a response to ConnectU's claims, Facebook's lawyers, Orrick, Herrington & Sutcliff, said: "Only one of the students had an idea significant enough to build a great company. That person was Mark Zuckerberg."
Facebook, which now has about 39 million users worldwide,..."
I AGREE!!!
Reinette, Johannesburg, South Africa
Isn't that what Bill Gates did with Microsoft Dos?
Michael, Ocala, FL
you took the words right out of my mouth. no need to repeat what was just said since I am also from SA etc.
Koos Lubbe, Johannesburg, South Africa
Isn't that what Bill Gates did with Microsoft Dos?
Robert Frank, Ocala, FL
I doubt Facebook will ever be completely shut down, after all it is worth a few quid!!!
To be honest, I think that Zuckerberg took advantage of a great opportunity...ConnectU were obviously too busy doing other stuff.
Didn't a similar issue arise between Bill Gates and IBM?
I don't actually use Facebook and doubt I ever will (I own a mobile phone), however, I do think its a great concept.
Good for you Mr Zuckerberg
Nick White, London, UK
I've got a totally original idea: MySpaceBook.com... ahem...
Richard, Birmingham, UK
I use facebook too but the fact of the matter is, if the allegations are true, he is making insane amounts of money for stealing their site.
Code is not meant for sharing and modifying by anyone without the author's permission. Otherwise hacking and pirating would be legal.
I would hate to see the site go, but there are other sites. He is not above the law just because his product is popular.
Brian, Cambridge, Boston
Shut it down. One work people: Skynet
Graham Fjord, London, England
In all due respect, this a battle of envy and power. Although Mr. Zuckerberg did work for ConnectU. It does not necessarily mean that he DID steal code from the company. What Zuckerberg saw was the potential of a great tool. What we now know as a WEB 2.0 site.
'The value of a telecommunication network is proportional to its square number of users'
-Metcalfe
Yes. Metcalfe wasn't wrong about this one.Now seeing Mr Zuckerberg success in this internet sector has created much rage. To shut down, take control and gain FACEBOOK'S profits is outrageous. I'm sure the judge will see the flaw as clear as water.
GeeKster, Long Beach , CALIFORNIA
I don't think anyone was looking to shutdown facebook...
The Winklevoss' are seeking control of facebook.
Marco, Washington Dc, US
I have had contact with people that I haven't heard from or spoken to in more than 15 years. If Facebook is shut down I will NOT support whatever network tool the Harvard guys start up. For one thing, there is a very good chance that they won't be able to run the business properly...
Mark Zuckerberg is obviously quite good at running his business and I hope to see the best networking tool on the internet last for a long time!
Greg Rappard, Geita, Tanzania
Shut it down. One word people: Skynet
Graham Fjord, London, England
Shutting down facebook wil cause a global dissapointment. We love it here and we dont wanna leave. I dont care who wins the case, just let friends be friends and keep the site open. Ive also got friends in other countries whom i wil lose contact with. I hope the judge has some friends on the site too.
Altus van Zyl, Pretoria, South Africa
Oh Puleeze. Stealing code? Code is meant for sharing and modifications and updates. Mark took a good idea and expanded it. People throughout history has done that. ConnectU's just having a case of sour grapes...but who can resist cashing off the enormous profitabilty of Facebok?
Jessica Lam, Boston,
You CANT shut down facebook!!!!!!!! It is the greatest networking website ever much better than Bebo and Myspace!!!!
Chris Eades, Guildford, Surrey
Shut it down. One word people: Skynet
Graham Fjord, London, England
You can't shut down Facebook!!!!!!!!!!!!!! It's the only way I've managed to stay in touch, and find my friends from overseas! I live in South Africa and I've found my friends in Canada and Australia, never mind about all my friends in RSA.
Bernice Nicholl, Johannesburg, South Africa