<![CDATA[Gawker: valleywag, connectu]]> http://tags.gawker.com/assets/base/img/thumbs140x140/gawker.com.png <![CDATA[Gawker: valleywag, connectu]]> http://gawker.com/tag/valleywag/connectu http://gawker.com/tag/valleywag/connectu <![CDATA[Indian Dude Wants the Right to Be Exploited by Harvard Jerks Like Mark Zuckerberg, Too]]> Sanjay Mavinkurve, a brilliant Indian immigrant, wants to live the American dream — you know, go to Harvard, have some wealthy putz steal your software, then slave away as a Google code jockey!

Mavinkurve is the star of a piece by Matt Richtel on immigration: He won an H-1B visa to work in America for Google, scored big in that company's 2004 IPO, but then fell in love with Samvita Padukone, an India-born woman who couldn't get a permit to work in the U.S. So she got a work permit in Canada, and Mavinkurve relocated to Google's Toronto office. He has to fly a lot, and boy are his arms tired!

That's the sum of the argument the article makes for liberalizing immigration rules. If it sounds weak, that's because it's almost a complete retread of an article which appeared last year in The American, the journal of the American Enterprise Institute, a pro-free-markets think tank.

The argument over liberalizing immigration is kind of stupid. Yes, on the one hand, American companies should hire more American workers. But have you met any American workers lately? Lazy and surly, the lot of them. The number of American college students studying science and engineering has been plummeting for years. Only recently have students started to figure out that studying computer science might be a good idea.

No wonder companies like Google and Microsoft want to hire people like Mavinkurve, who are genuinely excited about living in this country and writing software. So excited that they're willing to put up with any number of insults.

For example: In 2003, as a student at Harvard, the founders of ConnectU had Mavinkurve write code for their then-nascent social network. That group, which included wealthy Olympic-rower twins Cameron and Tyler Winklevoss, then brought on a kid by the name of Mark Zuckerberg to do additional work.

Next thing they knew, he'd launched a remarkably similar site called TheFacebook.com, which ConnectU's founders believed was built on their site's code. Lawsuits ensued, which Facebook settled last year for $65 million.

The Times article described Mavinkurve as having "helped lay the foundation for Facebook" — which can't possibly be true, unless the newspaper is accusing Zuckerberg of having used Mavinkurve's code in his website. Don't feel too bad for Mavinkurve, though: We hear he got a piece of the ConnectU settlement. Now if only he could get his wife a green card.

(Photo via Sanjay Mavinkurve)

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<![CDATA[When ConnectU's Founders Won, They Still Lost]]> Lawyers for ConnectU are bragging about winning a $65 million settlement for their clients from Facebook. But what did Divya Narendra and Cameron and Tyler Winklevoss really get from Mark Zuckerberg? Almost nothing.

The Winklevosses and Narendra, Harvard classmates of Zuckerberg, sued him after he launched Facebook, claiming he had done work for their project and then stolen code from it to start Facebook. They reached a settlement last summer in which Facebook agreed to acquire ConnectU for cash and stock — $20 million in cash and 1.25 million shares of Facebook. But then they fired their former lawyers, Quinn Emanuel, amid a contest over legal fees, the value of the settelement, and new evidence they said they'd discovered.

Based on the price Microsoft paid for its 1.6 percent stake in Facebook in the fall of 2007, the stock component of that settlement was worth $45 million. Quinn Emanuel is seeking $13 million in a contingency fee — 20 percent of the total take, which is $65 million as far as ConnectU's former lawyers are concerned.

But the appraised value of the stock last summer was far less — $11 million, based on a valuation Facebook sought for its own stock-option plan. That's $34 million of $65 million gone.

Even on that lower value for the stock, plus the cash, ConnectU's founders owed taxes. (We hear the deal was structured as a taxable acquisition.) Assuming a capital gains rate of 15 percent and a negligible cost basis for the startup, 15 percent of $31 million. That rounds up to $4.7 million.

Their lawyers want $13 million, leaving them with $2.7 million from the cash component — which they have likely already spent in legal fees.

What about those 1.25 million shares of Facebook? They are essentially worthless. If they could sell them, they would likely get $2.50 to $3 a share. But Facebook recently changed its bylaws to forbid private transfers of its stock without board approval. ConnectU's founders cannot sell them, nor can they give them to their lawyers in lieu of cash, without Facebook's okay. And it is hard to imagine a board of directors essentially controlled by Zuckerberg voting to make life easy for his college rivals. Unless Facebook sells or goes public — both unlikely prospects in the short term — ConnectU's founders have no way of realizing value from their stake. So we can discount their $11 million in notional value from the ConnectU take.

What's left: $2.7 million. Here's a chart showing how you go from $65 million to less than $3 million in four easy steps:

Which explains why the Winklevosses are dragging this thing out. After years of fighting in court, they have essentially nothing to show for their troubles. They come from a wealthy family. Their father, Howard, has a fortune from his company, Winklevoss Technologies, which makes software for analyzing pension plans. So they can afford to fight, and it's not like they need Mark Zuckerberg's money. But how else do the rich keep score?

(Photo by Krupa/AP)

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<![CDATA[Facebook Settlement Revealed by Incompetent Lawyers]]> How much did it cost to put a lingering dispute over the creation of Facebook to rest? $65 million, according to the lawyers who hammered out the — oops — confidential settlement with rival ConnectU.

The law firm of Quinn Emanuel Urquhart Oliver & Hedges included the amount of the Facebook settlement in a list of legal victories published in its January newsletter — despite having been fired last year by ConnectU's founders, who sued to have the settlement overturned.

The amount of the settlement, reportedly paid in cash and stock, had never previously been disclosed, and all parties agreed it would be kept confidential. When the Recorder, a San Francisco-based legal publication, noticed the disclosure, the firm's chairman, John Quinn, attempted to persuade a reporter not to publish the figure, citing the confidentiality agreeement.

As a Harvard student in 2003 and 2004, Facebook CEO Mark Zuckerberg did some programming work on ConnectU, a college-based social network, shortly before launching his own site, then known as Thefacebook.com, in February 2004. ConnectU's founders included Olympian-rower twins Cameron and Tyler Winklevoss (shirtless, above), as well as Divya Narendra, whom everyone forgets because he's not a hunky, Kennedyesque Olympian rower with a twin brother. They contend that Zuckerberg took work he did for ConnectU and used it in launching what later became Facebook. Tyler Winklevoss called Zuckerberg's actions "premeditated, well thought out, duplicitous and conniving."

The dispute between Narendra and the Winklevosses and their former lawyers is currently in arbitration; the lawyers are seeking payment of $13 million, while ConnectU's founders want the whole agreement overturned, because of new information they discovered about Mark Zuckerberg's sordid college days.

Here's a hypothetical question: Let's assume Facebook had good legal counsel, and ConnectU's founders are right to be angry at their own lawyers. What do they know about Mark Zuckerberg? And how much is information really worth? It's safe to assume that figure is far more than $65 million.

(Photo via Row2k.com)

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<![CDATA[Guy who sued Facebook joins Facebook]]> Harvard alum Divya Narendra is on Facebook, one of his classmates noticed today. The social network started at that Ivy League school, so his joining it wouldn't be notable — except Narendra started ConnectU, the social network from which Narendra and his cofounders say fellow Harvard man Mark Zuckerberg stole the idea for Facebook. The other two founders are Cameron and Tyler Winklevoss, who rowed in the Beijing Olympics and are also very tall. Narendra didn't take advantage of Facebook's excellent privacy features and has his profile exposed to the entire New York network. Narendra has been less vocal than the Winklevosses about ConnectU's continuing fight with Facebook, but according to his Facebook wall, which we've pasted below, Narendra's friends still can't believe he joined the site. Also below: Guess which company Narendra did not include in the "Education and Work" section of his profile:


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<![CDATA[ConnectU's uniques spike 50 percent]]> At the party last Friday hosted by our publisher, Gawker Media, ConnectU twintrepreneurs Cameron Winklevoss (left) and Tyler Winklevoss (right) made an appearance. They were in town for their short film production's screening the following day. Intrepid Valleywagger Nicholas Carlson managed to keep them talking for half an hour — but all I got from Carlson about the exchange was, "They're very handsome." Write a better headline in the comments and we'll use it for the post's title. Friday actionhero11 won a few chips for "This Hard Drive sponsored by Seagate."(Photo by Nick McGlynn)

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<![CDATA[ConnectU twins' film production has NYC premiere tomorrow]]> ConnectU cofounders Cameron and Tyler Winklevoss lost control of ConnectU, their also-ran social network, in the settlement of a lawsuit with Facebook CEO mark Zuckerberg. And they finished last in their Olympic rowing final. But they just got some good news! A short film the pair executive-produced (read: paid for) has won a slot at the New York City Shorts Festival. First Bass, a treacly story directed by fellow Harvard grad Phil Hodges, features a young bassist who ditches rehearsal to run off to a Chicago Cubs game. It looks like a typical "calling-card film," the kind of flicks Hollywood wannabes produce to get a foot in the door to the entertainment industry. The five- to six-figure budgets are usually funded by wealthy family and friends. The best part is this little tidbit from Tyler's bio:

Played: A twin eunich [sic] with his brother in his high school play, "ON THE WAY TO THE FORUM."

Maybe the Waspy wantrepreneurs can use some of that money from the Facebook settlement to get started as producers in Hollywood. Tip next time they get pitched by a buddy from Harvard to fund his vanity short: It will be about as likely to make any money as it will be for Zuckerberg to publicly admit that he totally ripped you two off.

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<![CDATA[Google pulling for Facebook's rower foes?]]> On Sunday, Google featured rowers in a custom Olympics logo on its homepage. Were the mullahs of Mountain View pulling for Cameron and Tyler Winklevoss, the Olympics hopefuls in rowing who charged Harvard classmate Mark Zuckerberg with nicking the idea for Facebook from ConnectU, their college social network? The Winklevosses lost in the pair rowing finals, after handing their company to Zuckerberg in a court-ordered settlement. Then again, Google is known for backing losers in social networking.

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<![CDATA[ConnectU twins sink in rowing finals, rise in our hearts]]> ConnectU cofounders and identical twins Cameron and Tyler Winklevoss finished sixth out of six in Saturday's Olympic rowing finals. As you can tell from NBC's clip above, it wasn't close. It was an anticlimactic end to a rousing — for some, arousing — Olympic run for the beefy Harvard-grad dreamboats. The pair only made the finals after a stirring upset last week. Australians Drew Ginn and Duncan Free finished first. Sure, they have a gold medal, but did they create a college social network good enough for Mark Zuckerberg to copy? (Photo by Getty Images)

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<![CDATA[Know your Olympic finalists, ConnectU founders Cameron and Tyler Winklevoss]]> ConnectU may be the college social network that isn't Facebook, but then Facebook founder Mark Zuckerberg is also the social network founder who isn't an Olympic finalist. Row2K interviewed the pair who are, ConnectU founders and dreamboats Cameron and Tyler Winklevoss. From the interviews, giddy fangirls and boys will be excited to learn that Cameron is the one who likes to play guitar, read books and watch movies. He's also very excited to seeing Beijing because he's never been to China before. Tyler doesn't say as much, but we do learn from the interview, excerpted above, that he was very tall in his youth. In an early 1960s rock band, we think he'd be the one who wore sunglasses on stage. The pair — who, along with third cofounder Divya Narendra, handed over all ConnectU shares to Facebook this week after months of legal wrangling — compete for gold this Saturday.

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<![CDATA[In rousing upset, ConnectU founders advance to Olympic finals]]> Cameron and Tyler Winklevoss, the twin cofounders of a college social network which is not Facebook, finished second in today's Olympic rowing semifinals, just behind the Aussies, and will compete in the finals on Saturday. It was quite the upset. Previewing today's race, Row2k.com wrote that "the Aussie pair is a lock," that "Serbia, Germany, Italy are the like contenders for the final two qualifying spots," and that the ConnectU cofounders "have their work cut out for them if they want to win a spot in the A final." While they were winning in Beijing, they lost a battle in court.

The pair alleged that Harvard classmate Mark Zuckerberg stole their idea in creating Facebook, ended up settling, and then appealed over the terms of the settlement; a judge denied their request. But if their long-fought legal battle with Facebook proved anything, it's that the JFK Jr.-lite Winklevoss brothers never quit, even when everyone — including judges — thinks they should. Take that, Serbia! (Photo by Getty Images)

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<![CDATA[As ConnectU founders prepare for Olympic semis, Facebook takes over their company]]> ConnectU cofounders and Olympic rowers Cameron and Tyler Winklevoss beat out Croatia to win their second heat yesterday, advancing to Wednesday's semifinals. Meanwhile, back on the home front, U.S. District Judge James Ware said Monday that ConnectU has until Tuesday to transfer all its stock to Facebook and comply with a settlement to the ConnectU founders' suit alleging that Facebook founder Mark Zuckerberg stole their idea.

The news is hardly bad news for the Winklevoss brothers and ConnectU's third cofounder, Divya Narendra. Court papers say the three will get "millions" of dollars in cash as well as stock in a startup too popular with mainstream America's millennial generation to fail. (The Winklevosses were fighting the settlement after they discovered that the Facebook common stock they would receive was worth less than they supposed.) Plus, there's still that shot at gold.

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<![CDATA[Winklevoss brothers finish last in first try at Beijing]]> Cameron and Tyler Winklevoss — the founding twins of social network ConnectU who are Facebook's legal foes and also Olympic rowers — fared poorly in their first Olympic outing Saturday, finishing fifth out of five in a 2000 meter preliminary heat. The Winklevoss brothers — who delighted fans on the home front when they practiced shirtless late last week — finished in 7:13.64, well behind the Polish team which finished up in 7:01.90. Also waiting on the other side of the finish line were the French, Italian and Canadian teams, one of which presumably won, but who cares, our boys did not. The Winklevoss brothers were supposed to get a second chance on Sunday, but that second heat rained out and will be rescheduled. Nevermind that, we think its time for the Winklevosses to go to Plan B: sue the French, Italian, Canadian and Polish teams for stealing their idea of finishing faster. Update: The brothers won their second heat and advanced to Wednesday's semifinals.

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<![CDATA[ConnectU twins, Facebook's Olympian enemies, spotted shirtless near Beijing]]> ConnectU founders and Olympic rowers Cameron and Tyler Winklevoss — the guys who are still in a legal wrestling match with Facebook CEO Mark Zuckerberg after suing him for stealing their idea, settling, and then rethinking the settlement — took their shirts off for rowing practice in Beijing. We thought some of you might want to know.

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<![CDATA[ConnectU twins try to disprove dumb-jock image, and fail]]> The not-so-subtle thesis of a Boston Globe profile of Cameron and Tyler Winklevoss, the twins who claim Mark Zuckerberg stole the idea from Facebook from them: They're not just dumb jocks. The Twinklevosses, as they're known in Silicon Valley, lost in their legal effort, but are hoping to win at the Beijing Olympics, where they are competing in rowing. They and fellow cofounder Divya Narendra settled with Facebook, agreeing to sell ConnectU for shares in the company — but are now trying to overturn that agreement, saying Facebook isn't worth as much as they thought. That argues strongly against the piece's attempt to bust stereotypes.

One would think they would have gotten a proper valuation on the shares before agreeing to take them as payment. That in itself suggests that the twins, who majored in economics at Harvard, weren't paying attention in class.

And if they have some other evidence of brains, it wasn't on display for the Globe. Their coash, Ted Nash, tries to argue that they're just strong, silent types: "Inside, everything's working all the time with them. What you see isn't what you get."

What you see, according to the Globe:

They are impossibly constructed: 6 feet 5 inches tall, with shoulders that jut out like coat hangers, their limbs wrapped in the long, strong muscles typical of rowers, their heads crowned with identical waves of light brown hair.

A photo accompanying the piece shows the two with California governor and former bodybuilder Arnold Schwarzenegger; all three have equally rippling pecs, sculling forward from their white polo shirts.

What you get, from Cameron:

One of the cool things about amateur athletics is that I think the pursuit is sort of the pursuit of excellence for nothing more than trying to be excellent. At the end of the day, going fast in the water, in its own intrinsic value, doesn't mean much more than the time that you put on the clock. But I think it's the focus and the effort and what you put in to become excellent, and the fact that it is, in some respects, meaningless, that makes it all the more interesting. We're getting a lot out of it, but it's not like an NBA championship, or something like that. We're trying to be good at something for the sake of being good.

Sartre would be proud. Tyler's contribution:

"I think people get caught up in what's the value of rowing — what does it do for you? — and that's just totally missing the larger picture.... The way it shook out, we ended up in the pair. We thought it was a good fit for us... If you miss a practice, you pay. It's a direct correlation. You see it. It's impossible to not be hit over the head with that reality.... Everybody counts on every stroke.

At that last bit, Cameron nodded eloquently. And a stereotype held firm.

(Photo by Reuters)

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<![CDATA[Court documents show Facebook's worth $3.75 billion, unless you're Microsoft]]> Court documents in the ConnectU case reveal that when it comes to the price of Facebook common shares, Facebook's board values the company at $3.75 billion — far lower than the $15 billion valuation set by Microsoft's $240 million purchase of 1.6 percent of the company. As an investor, Microsoft owns preferred stock — worth more in part because, in case of an acquisition or an IPO, it's the stuff that gets sold first. That means Facebook board really thinks the company isn't worth $3.75 billion or $15 billion, but somewhere in between. Actual shareholders — including Facebook employees, we've heard — are more than willing to move their shares at a $4 billion valuation. The revealing court documents, in which ConnectU lawyers complain about Facebook's valuation, are embedded below. Before you feel too sympathetic, ask yourself: Isn't this the kind of thing lawyers are paid to know?

ConnectU vs. Facebook on settlement - Upload a Document to Scribd
Read this document on Scribd: ConnectU vs. Facebook on settlement
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<![CDATA[Transcripts confirm: ConnectU founders better rowers than accountants]]> Released court transcripts from the last skirmish in the ConnectU-Facebook legal battle — in which Facebook CEO Mark Zuckerberg was charged with nicking the code for his site from a rival social network — reveal why ConnectU founders Divya Narendra, Cameron Winklevoss and Tyler WInklevoss returned to the fight this summer after settling with Facebook in February. It seems they thought their original lawyers didn't make as much from the deal as the ConnectU founders thought they would. In the February settlement, ConnectU sold itself for Facebook shares which the founders figured would have a value similar to those bought by Microsoft, which paid $240 million for 1.6 percent of Facebook, valuing the company at a notional $15 billion. The transcripts show that while Microsoft bought preferred stock in the company, ConnectU's founders were awarded common shares. That kind isn't worth nearly as much. In fact, given the problems Facebook shareholders have had selling their private shares, the settlement might not be enough to pay ConnectU's legal bills. The founders' first team of lawyers have asked the Judge not to award ConnectU its settlement funds until its legal bills are paid first.

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<![CDATA[CNET legal objection might reveal Mark Zuckerberg's private IM transcripts]]> The legal case opened by ConnectU founders Cameron Winklevoss, Tyler Winklevoss and Divya Narendra against Facebook CEO Mark Zuckerberg is closed, but the courtroom drama continues. CNET has filed an objection to San Jose District Court Judge James Ware's decision to close the courtroom and put all the evidence under seal. What's in those documents that might be so interesting? Facebook's internal valuations, for starters. But most intriguing are the purported instant message conversations that the plaintiffs were led to believe provided proof that Zuckerberg is a little thief. (Photo by AP)

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<![CDATA[Facebook convinces judge it isn't worth $15 billion]]> When Facbook and the ConnectU founders who say Facebook founder Mark Zuckerberg stole their code settled in February, ConnectU founders Cameron Winklevoss, Tyler Winklevoss and Divya Narendra figured they were getting stock in a company worth $15 billion. Not so, according to Facebook laywers and the federal judge who ruled in their favor. From the Judge's ruling:

Apparently, in October 2007, Facebook and Microsoft issued a press release stating Microsoft would “take a $240 million stake in Facebook’s next round of financing at a $15 billion valuation.”... Defendants [Facebook] proffer evidence that subsequent to the press release, in the regular course of its operations, Facebook’s Board of Directors determined a value of the company’s “shares” which was different than the valuation disclosed in the press release.

So while Facebook was happy to sell 1.6 percent of the company to Microsoft for $240 million for a $15 billion valuation last fall — and tell the press all about it — remember, that doesn't mean the company is actually worth $15 billion. In fact, a Silicon Alley Insider commenter reports: "Try $2 billion to $3 billion. An owner is out trying to peddle common stock to VC's right now. The price is under $4 billion for sure."(Photo by AP/Ruttle)

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<![CDATA[ConnectU's case against Facebook to remain closed]]> Harvard classmates and ConnectU founders Cameron Winklevoss, Tyler Winklevoss and Divya Narendra signed a settlement with Facebook founder Mark Zuckerberg in February, and despite what the ConnectU founders say is relevant new evidence, a federal judge ruled yesterday that the settlement will stick. "The court finds that the agreement is enforceable and orders its enforcement," the order said. We prefer how the last judge ruling on the case put it, describing the ConnectU founders suddenly renewed interest in revisiting the settlement with new lawyers as little more than "buyer's remorse."

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<![CDATA[ConnectU founders hire new lawyers to fight Facebook]]> ConnectU founders Cameron Winklevoss, Tyler Winklevoss and Divya Narendra have hired new lawyers to argue their suddenly renewed case that Facebook founder Mark Zuckerberg stole their idea for his site. The parties agreed to a settlement in February, but last week ConnectU cited new evidence and asked a judge to let it out of the deal. Now, the New York Times reports one of ConnectU's new lawyers is stock fraud expert Sean F. O’Shea of O’Shea Partners in New York. Speculates the Times's Brad Stone:

Since the Facebook-ConnectU settlement was likely part-cash, part-stock, one possibility is that the ConnectU founders feel misled by the value of the equity portion of the settlement and believe that fraudulent representations about its value were made to them.

Could be. Or it could be that the Winklevoss' and Narendra don't have much going and need more than they originally agreed to. ConnectU has about 2,000 users and the founders' last law firm, Quinn Emanuel, recently filed a lien against Connect for any bounty turned up in court going forward. (Photo by AP/Krupa)

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