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Judge: Winklevosses Can't Renege on Facebook Deal

Twins knew what they were doing when

By the Associated Press

Posted Apr 11, 2011 4:40 PM CDT

(AP) – A federal appeals court ruled today that former Harvard University schoolmates of Facebook founder Mark Zuckerberg can't undo their settlement over creation of the social networking site. The 9th US Circuit Court of Appeals said that Tyler and Cameron Winklevoss were savvy enough to understand what they were agreeing to when they signed the agreement in 2008. The deal called for a $20 million cash payment and a partial ownership of Facebook—now worth $160 million because of Facebook's increased value. "At some point, litigation must come to an end," chief justice Alex Kozinksi wrote for the unanimous three-judge panel "That point has now been reached."

The twins alleged they were misled into believing the company was worth $35.90 a share because of an investment by Microsoft Corp. But they argued that the company later valued the company at $8.88 for tax purposes. The twins argue they would have demanded more stock in the company based on the lower valuation. Malarkey, says Kozinsky: "They brought half-a-dozen lawyers to the mediation." Facebook said it was pleased by the ruling. Lawyers for the Winklevoss twins said they are reviewing the decision and have not decided on their next step. The twins could ask the Supreme Court to consider the case.

Tyler, left, and Cameron Winklevoss pull together during a training session on the River Thames in London, Thursday April 1, 2010. The twins won a $65 million settlement from Facebook, which they accused of stealing their ideas.
Tyler, left, and Cameron Winklevoss pull together during a training session on the River Thames in London, Thursday April 1, 2010. The twins won a $65 million settlement from Facebook, which they accused...   (AP Photo/Rebecca Naden-pa)
In this July 25, 2007 file photo, twin brothers Cameron, left, and Tyler Winklevoss, founders of ConnectU, talk with reporters following a news conference in Boston.
In this July 25, 2007 file photo, twin brothers Cameron, left, and Tyler Winklevoss, founders of ConnectU, talk with reporters following a news conference in Boston.   (AP Photo/Charles Krupa, File)
In this Sept. 29, 2010 file photo, twins Cameron and Tyler Winklevoss attend a special screening of 'The Social Network' in New York.
In this Sept. 29, 2010 file photo, twins Cameron and Tyler Winklevoss attend a special screening of 'The Social Network' in New York.   (AP Photo/Evan Agostini)
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COMMENTS
Showing 3 of 11 comments
MikefromChi
Apr 13, 2011 1:14 PM CDT
I'm not a fan of Facebook and Zuckerberg appears to be a class A slime in many regards but even I am sick of hearing about these doofuses. Even if he did rip off their idea, it's not like they would have invented anything close to as good. These are two ostensibly intelligent men, you think they would realized they already hit the jackpot with their $65 million. Or they do realize that and are just insufferably greedy. The situation is analogous to someone having a conversation about the theory of rock n roll with Elvis circa 1948. Just because someone came up with the concept or something like it would not have made them Elvis by any stretch of the imagination.
Communist.Fool
Apr 13, 2011 12:32 PM CDT
Man just go to hell of all em. I am sick of hearing them whine and bitch. They have their blood money now go along and shove off.
Cat-Lover
Apr 12, 2011 12:55 PM CDT
They can't make do with $20,000,000.00? Who do they think they are, Congressmen?

Copyright 2012 Newser, LLC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. AP contributed to this report.

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