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Comment Re:possible, and I hope so (Score 1) 157

And, since you mentioned retail markup... I think it's going to be *really* interesting to watch how Blizzard does with their model for Starcraft 2, where they are doing significant sales via download, letting them keep 100% of the purchase price.

Of course there are 2 angles to that: 1) studios make a shitload more money 2) studios can lower their prices on games because there is no longer a need for a now-useless middleman. Who wants to take odds against the studios attempting #1?

Given that Starcraft 2 retailed for $60, which is $10-20 more than the average AAA PC game, I think it's quite clear that they are going with #1.

Comment Re:possible, and I hope so (Score 1) 157

Given that GameStop and Amazon will get 1/3->1/2 of that $50, EA would have to sell 2m copies, probably more.

I think you are overestimating the retail markups on games almost by an order of magnitude. Retailers don't make a lot of money on brand new games (which is why Gamestop as a company is doing well -- they have a huge head start on the used game market). I wouldn't be surprised if the markup is around 10% at most. However, the markup on used games is often 100-200% or more. Gamestop, for example, will buy a relatively new game from you for $10-20 and then sell the game right back at about $5 less than retail (e.g. $45 or $55). It's why many of the other big box stores are looking to get into this space (I believe that Best Buy is piloting such a program now).

Comment Re:this is backdoor regulation (Score 1) 136

Maybe the problem is that governments should be prohibited from owning interests in public and private corporations.

Whether or not that is true, I think classifying a pension that covers people who happen to be government workers as "government" is a bit of a stretch. Pensions should have a fiduciary responsibility to the people who hold the pension, so any activity such as the lawsuit in the story should be driven by that responsibility, and should not be abused as a way for the government to interfere in private corporations. I haven't gone deep into the details of this particular case, but it seems like a legitimate gripe that has some similarities with the government initiatives by coincidence rather than indicating some subversive attempt by the government to control private interests.

Comment Re:HOW much of a golden parachute? (Score 2, Insightful) 136

CEO's are paid in ways other than just a salary.

The links I provided include in their figures these "other ways" that CEO's are compensated. While you could argue about the dollar amount of these forms of compensation, the companies that compile these sorts of data are fairly accurate in the present-day value of these alternative forms of compensation. Obviously, while his awards and salary may only have been $32k this year, I'm sure he is continuing to make money on compensation from prior years, whether it is through vesting or market appreciation of his options/grants/etc. Heck, even if he put $10 million of his compensation from last year into a savings account that paid 1% he'd still be making $100,000 a year off of it.

Comment Re:HOW much of a golden parachute? (Score 1) 136

none of us here, likely, will ever see even 1/100 of that amount of money on our lifetimes.

You're off by an order of magnitude...1/100 of $40 million is $400,000. Even someone making $5/hour working full time for 40 years will make $400,000.

want honest ceo's? stop giving them a theif's booty for a paycheck.

Like the CEO of Citigroup, who earned $128,751 last year (source)? Or maybe you would prefer the outgoing CEO of Bank of America last year, who made $32,171 (source). Of course, the outgoing CEO of BofA also got a nice package worth tens of millions of dollars on his way out, so that's probably a bad example.

The bottom line is that neither company has done very well, and the amount of money a CEO is paid doesn't seem to be inversely related to the quality of the CEO as you seem to claim...

Comment Re:make sense? (Score 1) 266

P.S. Despite the title of that article being "The massive hole in Facebook's latest legal challenge", it fails to mention exactly what the "massive hole" is. It mentions the lawyers have never seen the contract, but then goes on to say the contract was included in the legal filing. It says that the contract occurred before the facebook idea was even thought up, even though the contract clearly references "the face book". I can't see any holes pointed out in that article.

The "massive hole" is that the plantiff has not provided an original (or even well-reproduced) copy of the contract. What Zuckerberg is claiming is that the agreement that he and Ceglia had was only for StreetFax, and never had anything to do with facebook. The corollary to that is that the references to "the face book" on the contract that Ceglia provided is a fake and were added after the fact.

According to Zuckerberg:
1) Ceglia responded to Zuckerberg's ad on craigslist for a programmer in a work-for-hire contract.
2) The two signed a contract for StreetFax, Zuckerberg did the work, Ceglia paid him, and that was that, ending around late summer of 2003.
3) Zuckerberg came up (or stole from ConnectU, depending on who you ask) the idea for facebook in Fall 2003 and finished the implementation with thefacebook.com in Feb 2004.
4) 7 years later, Ceglia produces a modified version of their original contract that now includes references to "The Face Book" that were not there originally.

One of them is obviously not telling the truth. Whether Zuckerberg's claims and the fact that Ceglia has not provided the original for facebook's inspection put a "massive hole" in Ceglia's case is of course open for discussion.

Comment Re:make sense? (Score 1) 266

No FB or VC attorney has made such a claim that I know of. That said they may claim that later. This attempting to get the contract thrown-out is just one of the first steps in a LONG process.

Exactly. They haven't officially made that claim at this point, but I definitely believe that they don't think it's real. They are keeping all of their options open -- if they can get the suit thrown out without going into the authenticity of the contract (e.g. statute of limitations or an unenforceable contract), then that's probably the best bet for them, as proving that the contract is not authentic may be considerably tougher.

Comment Re:make sense? (Score 1) 266

Funny since the PDF you linked to mentions "The Face Book". Page 11 under the "Entire Agreement" Section

Yes, I know the PDF I liked to includes that. My point is that FB doesn't think that's actually the agreement that Zuckerberg signed. Let's pose a hypothetical situation:

Ceglia posts an ad on craigslist asking for programming help on a new startup called StreetFax. Zuckerberg responds, and they work out a contract that looks similar to the one that was in the filing, except there was never any mention of "The Face Book", "The Page Book" or anything *other* than the StreetFax stuff. They both sign it, Zuckerberg gets his money, Ceglia gets the StreetFax stuff, and then they part ways sometime in 2003 and never speak again.

Fast forward to June of 2010, and suddenly Ceglia is providing a poor quality copy of a contract that looks similar to the one Zuckerberg had signed 7 years ago, but now includes stuff about Face Book that was never on the original contract, and is claiming majority ownership of a billion-dollar company as a result of it.

Now, it may be that the contract in the filing is the actual contract between Zuckerberg and Ceglia, but I find it equally plausible that the contract is a forgery. Zuckerberg's faults have been highlighted here on numerous occasions, and Ceglia apparently was under investigation for alleged fraud with an unrelated business of his. I'm not sure who to believe, but the details of the case that have been made public makes it obvious that no one other than Ceglia and Zuckerberg probably know the truth, and neither has been able to make a convincing case thus far. I will grant that at this point Ceglia obviously has made a more convincing case than Facebook/Zuckerberg, but I'm sure that neither has tipped their entire hand at this point. The fact that Facebook is also going after other avenues (e.g. arguing that even if the contract was the one they both signed, that it isn't valid or the statute of limitations is up, etc.) makes me think that they don't have good evidence that the contract in the filing is a forgery, even if that is what they believe.

Comment Re:Full of things that don't make sense ... (Score 1) 266

So, if they're going to argue that, then Zuckerberg should have kept a copy of his contract so that his lawyers could actually see it, and they would be smacking him hard up the back of the head for suggesting that they should make such a claim.

He was 18 at the time, and it was 7 years ago. I don't think it's unreasonable to think that he didn't keep good care of the contract, especially if it was only for the streetfax stuff.

Comment Re:Forgery? (Score 1) 266

Why isn't Zuckerberg claiming the contract is a forgery?

I think they're heading in that direction. Facebook has asked to see an original copy of the contract and Ceglia's lawyer told them to "come visit my office and I'll show it to you." Sounds fishy.

Comment Re:SO... How do you think it will turn out? (Score 1) 266

I looked into the merits of the case and it seems to me that Ceglia has a valid case and the defendants are using SCO-like defense tactics already at this early point.

You obviously didn't look too hard. From dailyfinance.com:

Ceglia's attorney, Paul Argentieri, says bring it on. He says he offered to show Facebook's attorneys the original contract if they were willing to visit his offices in Hornell, N.Y. "They didn't take me up on my offer," Argentieri told DailyFinance. "They had three weeks to get ready to answer this very basic question. I was surprised by their hesitation."

Ceglia's attorney Argentieri says he will gladly explain why his client waited six- and-a-half years to file his lawsuit when the parties go to trial. He added that his client has plenty of other documents and canceled checks with Zuckerberg's signature.

That certainly makes Ceglia sound more like SCO than facebook here -- Ceglia's attorney is basically saying "we have lots of evidence but we won't show it to you."

The timing just doesn't make sense...Zuckerberg was alleged to have stolen the idea from the ConnectU guys in the fall of 2003, was't he? If this contract is actually legitimate, that would have shown that Zuckerberg had the idea long before he had contact with ConnectU -- or am I misremembering the time frame of the ConnectU stuff?

Comment Re:make sense? (Score 0) 266

Also shows you how absolutely useless the "due diligence" is that VCs perform. Zuckerberg probably never disclosed this old contract from the early days to any of his investors or they would have forced a settlement with this guy before things got this far. I've gotta think they are squirming just a bit right now.

Or maybe there was nothing to disclose, because Zuckerberg's only contract with Ceglia was for $1,000 to work on Streetfax, with no mention of facebook at any time. Would you want to give $10 to $20 million to any person who came up with a supposed contract with Zuckerberg? If facebook just started handing out money like this, you'd get more people coming out of the woodwork claiming similar contracts, when all they did is create a similar contract using the signature from the supposed contract currently available at http://i.cdn.turner.com/money/2010/07/13/technology/facebook_lawsuit/facebook_filing.pdf?

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