Court: Harvard twins stuck with Facebook agreement

[Beefcake]

This.

I hadn't heard of the Winklevoss twins until I saw "The Social Network".

Eys. All during TSN I was dreaming of being the baloney in a Winklevoss sandwich, then had those dreams shattered in an instant when the credits came on ... and I saw that it was just one actor.


Anyway, like most of you here I believe that the brothers' settlement was fair. Time to let this matter die.

[emason]

The lawyers should have done their due diligence to determine if the share price at the time was accurate. Wouldn't that have uncovered an accurate share price and let them negotiate a better deal at the appropriate time? Hindsight is 20/20.

It's not about hindsight; it's about whether the other side in the case made false and misleading representations in their disclosures.

[VIETgrlTerifa]

And apparently the three-judge panel did not feel that the other side did.

[hydro]

And apparently the three-judge panel did not feel that the other side did.

And the language the judges used in their ruling was especially harsh towards the Winklevosses.

"At some point, litigation must come to an end," Chief Judge Alex Kosinski wrote for the three-judge circuit panel. "That point has now been reached."

http://amlawdaily.typepad.com/amlawd...inklevoss.html

[CynicElle]

And the language the judges used in their ruling was especially harsh towards the Winklevosses.



http://amlawdaily.typepad.com/amlawd...inklevoss.html

That was a good summary, and the decision seems pretty clear and unambiguous to me.

Not a lawyer, so does asking for a rehearing mean that they're appealing?

[antmanb]

It's not about hindsight; it's about whether the other side in the case made false and misleading representations in their disclosures.

Not really, one side put forward a proposed share price and it's up to the other party to accept or reject that price in the mediation. There will undoubtedly have been a lot of negotiation on that point with each side presenting different factors to support the share price. At some point all the parties, their lawyers and accountants/financial advisers reached a price they were all happy with in the mediation.

[FunnyBut]

No, I don't feel sorry for the Winklevii. They're well educated, they had excellent representation , they agreed to the terms of the original settlement. Its not like there was this huge secret that Facebook might become one of the most valuable companies on the planet. If I were them, I'd be thankful Zuckerberg made me a multi-millionaire out of my fledging idea. Whose to say if they held the reigns that Facebook would have ever been more than local college directory, as opposed a behemoth that toppled My Space and all comers?

I am at the notion that two All-American Olympians with Abercrombie looks are being portrayed unfairly because of their looks and privilege

[Jenny]

In addition to the settlement, which aside from monetary award also acknowledges that they had a role in the development of one of the most important innovations in recent history, they have also gained fame and recognition (and capital) that should open doors to just about any business venture they'd be interested in going forward.

Not bad at all.

[Erin]

There actually was a second actor who appears throughout the movie - it's only when the shot needed to show a face or have his voice heard that Armie Hammer's was superimposed.

Armie is credited as playing both Cameron and Tyler, while Josh Pence is credited as playing Tyler only.

Thank you! I was very confused by why Tyler had two different people credited as playing him and wasn't sure whether there were two actors or one. It seems like a weird decision to do it that way.

I hadn't heard of the Winklevoss twins until I saw "The Social Network".

Me neither, but I hadn't paid much attention to the behind the scenes story of Facebook's development. I couldn't have even told you Mark Zuckerberg's name before The Social Network.

[Beefcake]

But, really, nice that he gets the "acting" credit, but the one actor was really just a body double (/ stand-in).

[deltask8er]

Snarky legal blog:

In a ruling handed down today, rejecting the Winklevosses’s effort to overturn an earlier settlement with Facebook and Zuckerberg, the Ninth Circuit dispensed some stinging benchslaps. The opinion contains detailed and erudite analysis of both California contract law and federal securities law, but it can be summarized in four words: “Winklevii, STFU and GTFO.” (Feel free to use that in your headnotes, Westlaw and Lexis.)

http://abovethelaw.com/2011/04/chief...e-go-away-now/



Here's one of the documents, probably from the first appeal:

CONNECTU LLC v. ZUCKERBERG

CONNECTU LLC, Plaintiff, Appellant, v. Mark ZUCKERBERG et al., Defendants, Appellees.

No. 07-1796.

-- April 03, 2008

http://caselaw.findlaw.com/us-1st-circuit/1235212.html

(and I downloaded other court documents from Westlaw )

Armie eye candy

http://www.youtube.com/watch?v=95HDaoNL73g

Armie Hammer and His Double on Jimmy Kimmel Live

http://www.youtube.com/watch?v=UIP3xKsTt2Q

[Prancer]

And the language the judges used in their ruling was especially harsh towards the Winklevosses.

Yes, that decision is a real smackdown . I can't believe they intend to pursue this still.

It will be interesting to see how this lawsuit unfolds now: http://thebrowser.com/articles/guy-s...ns-50-facebook

[IceAlisa]

So where is this famous legal smackdown? Want to read the judge's snarks, please.

[Prancer]

So where is this famous legal smackdown? Want to read the judge's snarks, please.

In terms of legal decisions, this is a real slap upside the head:

The Winklevosses are not the first parties bested by a competitor who then seek to gain through litigation what they were unable to achieve in the marketplace.

Wheeeee!

[IceAlisa]

Damn. That's some fine legal cattiness. I love it.

[Jenny]

But, really, nice that he gets the "acting" credit, but the one actor was really just a body double (/ stand-in).

From what I've read, the two actors spent a lot of time together to ensure that they moved and gestured as identical twins might, and that it was important for Josh Pence to be able to deliver the lines for the benefit of the other actors in the scene. Apparently they also did some split screening, but I have to think that the pains they took and the efforts of Pence made Hammer's performance that much more believable.

In other words, from what I understand, he deserves the credit.

[MacMadame]

YBut Zuckerburg would not have done it at all had the Wiklevoss twins not come to him with the idea in the first place.

Eh, ideas are a dime a dozen. Most people have tons. And never do squat with them.

Plus, it's not like there was no social networking before Facebook or the idea was so original that no one else could think of it. Facebook has really succeeded because of the execution more so than for anything original they are doing.

[screech]

From what I've read, the two actors spent a lot of time together to ensure that they moved and gestured as identical twins might, and that it was important for Josh Pence to be able to deliver the lines for the benefit of the other actors in the scene. Apparently they also did some split screening, but I have to think that the pains they took and the efforts of Pence made Hammer's performance that much more believable.

In other words, from what I understand, he deserves the credit.

Natalie Portman and those involved in Black Swan could learn a thing or two from Armie Hammer and the TSN crew.

Speaking of Armie, I'm always amused that his name is Armie Hammer and he's heir to the Arm & Hammer fortune.

[Civic]

Natalie Portman and those involved in Black Swan could learn a thing or two from Armie Hammer and the TSN crew.

Speaking of Armie, I'm always amused that his name is Armie Hammer and he's heir to the Arm & Hammer fortune.

Is he related to the late Armand Hammer, the founder of Occidental Petroleum?

[deltask8er]

Is he related to the late Armand Hammer, the founder of Occidental Petroleum?

He said in one of the videos listed above that Armand Hammer is his great-grandfather.

I also wonder if the judge's ruling was based on this video .