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Facebook getting sued..... 07/13/2010
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Facebook Sued For 84% Ownership Stake
Web designer Paul Ceglia says a 2003 contract entitles him to majority ownership of the social networking site. By Alison Diana
InformationWeek

July 13, 2010 11:43 AM "`"> "> Facebook has moved to overturn a recent temporary restraining order won by New York web designer Paul Ceglia, who filed suit against Facebook and company CEO Mark Zuckerberg, claiming an April 2003 contract now entitles him to an 84% ownership stake in Facebook. "We believe this suit is completely frivolous and we will fight it vigorously," a Facebook spokesman said in a statement. Facebook and Zuckerberg have 30 days to respond, according to court documents.



Videos The Friday ITch -- Season 2, Episode 4 On July 9, Allegany Court judge Thomas P. Brown; Ceglia's attorney, Paul Argentieri of Hornell, N.Y.; and Facebook attorney Lisa T. Simpson of New York, spoke via conference call, according to the local newspaper the Wellsville Daily. During that conversation, Judge Brown continued a temporary restraining order that prevents Facebook from transferring assets while the case continues. Simpson filed a "notice of intent" to move the case away from the U.S. District Court for the Western District of New York in Buffalo, according to the Wellsville Daily.

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The ROI Of Virtualization Under the seven-year-old contract signed by Zuckerberg and Ceglia, the designer received $1,000 and a 50% stake in the site which eventually became Thefacebook.com, according to the suit. The lawsuit also says Ceglia is entitled to "an additional 1% interest in the business for every day after Jan. 1, 2004, until it was completed."

Terms of the work for hire contract state, "It is agreed that Purchaser [Ceglia] will own a half interest (50%) in the software, programming language, and business interests derived from the expansion of the service to a larger audience."

In
papers filed with the Allegany, N.Y., County Court on June 30, Ceglia seeks a declaratory judgment and relief in the form of monetary damages and 84% ownership -- worth between $5.6 billion and $9.24 billion -- of the social networking giant, based on Facebook's estimated value of between $6.5 billion and $11 billion. Zuckerberg's personal fortune is worth between $4 billion and $5 billion, according to published reports.

After registering thefacebook.com domain in January 2004, Zuckerberg launched TheFacebook site a month later, signing up 1,200 Harvard students within about 24 hours, legend goes. In August 2005, the site officially became Facebook.com after the URL was purchased for $200,000, and 13 months later it expanded beyond educational institutions into a more general audience, accepting anyone older than 13 with a legitimate e-mail address.

This is not the first time Zuckerberg and Facebook have come under legal attack. In 2007, Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra, co-founders of ConnectU, took on their former Harvard classmate, claiming Zuckerberg took Facebook's software code and business plan from them. The parties reached a confidential agreement in 2008, although after a subsequent series of legal actions based on questions regarding the value of Facebook, a new agreement was reached, granting ConnectU $65 million in Facebook stock and cash.

Nor is it the first time Ceglia has dealt with the court system. Last year, New York attorney general Andrew Cuomo obtained a temporary restraining order against Ceglia and his wife Iasia, and accused them of defrauding customers of Allegany Pellets, their wood-pellet fuel company, according to the attorney general's office. The company took more than $200,000 from customers but failed to deliver products or refunds, the state said in a statement. That case is ongoing.

 


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    WARNING: Google Buzz Has A Huge Privacy Flaw   1/11       Nicholas Carlson | Feb. 10, 2010, 4:49 PM  Update 3: Here's the story of how panicking just enough may have saved Google's answer to Facebook and Twitter.

    Update 2: Google has made further changes that address most -- but not all -- of our concerns.

    Update 1: Google released some privacy fixes for Buzz. They're a nice start, but we don't think they go far enough. Read more here: Sorry, Google's Improvements To Buzz Don't Fix Privacy Flaw

    Earlier: There is a huge privacy flaw in Google's new Twitter/Facebook competitor, Google Buzz.

    When you first go into Google Buzz, it automatically sets you up with followers and people to follow.

    A Google spokesperson tells us these people are chosen based on whom the users emails and chats with most using Gmail.

    That's fine.

    The problem is that -- by default -- the people you follow and the people that follow you are made public to anyone who looks at your profile.

    In other words, before you change any settings in Google Buzz, someone could go into your profile and see the people you email and chat with most.

    A Google spokesperson asked us to phrase this claim differently. Like this: "In other words, after you create your profile in Buzz, if you don't edit any of the default settings, someone could visit your profile and see the people you email and chat with most (provided you didn't edit this list during profile creation)."

    (Freaking out already? Here's how to IMMEDIATELY make these list private and then edit them >)

    When you first post to Google Buzz, there is a dialogue box that reads "Before participating in Buzz, you need a public profile with your name and photo." It also says -- albeit in tiny gray letters against a white background, "Your profile includes your name, photo, people you follow, and people who follow you."

    But it does not say that these publicly viewable follower lists are made up of people you most frequently email and chat with.

    Even if it did say that, we doubt most users bother to read the text in the dialogue box before clicking "save profile and continue."

    (This is why it's always safest for Web services providers to make it so sharing information is always an "opt-in," rather than "opt-out," setting. Just ask Facebook, which still remembers Beacon.)

    There is also a "Welcome To Buzz" panel that shows who you are following and who is following you. In a long bit of unbolded text, it says "Buzz is a new way to share updates, photos, videos and more, and start conversations about the things you find interesting. You're already set up to follow the people you email and chat with the most."

     If a user notices the box, it might help users "catch" that they might be following people they don't want the world to know they're following. But you don't have to close the box to use Buzz. Closing the box does not trigger a warning or anything else that alerts the user they've agreed to publish a list of the people they email and chat with most.

    It looks like this:

    The whole point is: Google should just ask users: "Do you want to follow these people we've suggested you follow based on the fact that you email and chat with them? Warning: This will expose to the public who you email and chat with most."  Google should not let users proceed to using Buzz until they click, "Yes, publish these lists."

    In my profession -- where anonymous sourcing is a crucial tool -- the implications of this flaw are terrifying.

    But it's bad for others too. Two obvious scenarios come to mind:

    • Imagine if a wife discovering that her husband emails and chats with an old girlfriend a ton.
    • Imagine a boss discovers a subordinate emails with executives at a competitor.
    A Google spokesperson tells us the followers lists are public by default so that people can quickly find new people to follow. Obviously, that's a good thing for Google, which is hoping to get as many people using Google Buzz as soon as possible. It's also meant to be helpful for users. And for those who are unconcerned with telling the world who they email most, it is. But for everyone else, it's terrible.

    It gets to a deeper problem with Google Buzz: It's built on email, which is a very different Internet application than a social network.

    The good news for Google is that this is a very easy problem to fix. Google must either shut off auto-following, or it must make follower lists private by default as soon as possible.

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