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Leader v. Facebook - Mark Zuckerberg hacked Leader white paper to build Facebook

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Origin of Facebook's
technology?
Important new facts have emerged from Leader v. Facebook


 WBNS-10TV (CBS) Columbus, Ohio Aug. 29, 2011 – Leader v. Facebook                                                  Leader Technologies,
                                                                                                                    Inc. v. Facebook, Inc.,
                                                                                                                                      Inc.,
                                                                                                                    08-cv-862 (D.Del. 2008)


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                                 WBNS-10TV (CBS)
                                 investigative report by
                                 Paul Aker, Aug. 29, 2011                                                           ««« TABLE OF POSTS

                                                                                                                    Click here for SUMMARY
                                                                                                                    "Bottom Line: American
                                                                                                                    Innovation is on the line"

                                                                                                                    1. Mark Zuckerberg used
                                                                                                                    Leader white paper to
                                                                                                                    build Facebook
 © WBNS The fight goes on. Click to read Leader's Federal Circuit Opening Brief. The trial resulted in a split
 verdict. Leader won on "literal infringement" of 11 of 11 claims and no prior art. Facebook won on a               2. Jury transforms
 technicality called on sale bar that "invalidates" the patent for this trial only if not overturned. Leader says
                                                                                                                    disbelief into evidence
 Facebook confused the jury with attorney "trial theater" instead of "clear and convincing" evidence.
                                                                                                                    3. No evidence? No
                                                                                                                    problem. Fabricate it.
 Click here for an HTML version of this post
                                                                                                                    4. Facebook’s' trial
 Saturday, August 27, 2011                                                                                          conduct

                                                                                                                    5. Facebook's "court
 1. Mark Zuckerberg used Leader white                                                                               room theater"
 paper to build Facebook
                                                                                                                    6. Facebook's "I'm tired"
 Opinion: One blogger's perspective.                                                                                tactic

                                                                                                                    7. Missing Facebook
 On July 26, 2011, Leader Technologies filed its Opening Brief in the Federal Circuit                               Documents
 Court of Appeals in the Leader Technologies Inc. v. Facebook Inc., 08-CV-862-
 JJF/LPS (D. Del. 2008) patent infringement fight.[1] See Leader Press Release, Jul.                                8. Expert witness
 26, 2011.                                                                                                          practices "dark arts"

                                                                                                                    9. Patent Office records
 Initially Leader and inventor Michael McKibben were the subject of much sarcasm in
                                                                                                                    disprove Facebook
 the blogosphere. Numerous bloggers labelled them "patent trolls" and "squatters."
 Techdirt, Sep. 9th 2009 dismissed Leader's claims as a "publicity stunt" and
 VentureBeat, Nov. 19, 2008 said the claims were "impressively weak." See also
 AllFacebook.com, Nov. 19, 2008.
                                                                                                                    Share/Print this blog

 Verdict: Facebook "literally infringes" Leader's patent

 To the contrary, Leader claims resulted in a jury decision that Facebook literally
 infringes 11 of 11 Leader patent claims and that no published prior art exists. This part                          Subscribe to this blog
 of the trial was a level playing field and was well-tested. Leader Opening Brief, Jul., 25,
 2011, p. 3; also available at Leader. As Leader's appeal brief describes, the element of                               Posts
 the verdict that Facebook "won" regarding alleged early commercial activity appears to
 have been the result of jury confusion surrounding Facebook's "court room theater" and                                 Comments
 personal attacks of Mr. McKibben's credibility in lieu of hard evidence. This part of the
 trial was not a level playing field and was the subject of considerable Facebook
 attorney "dark arts" tactics which Leader is seeking to have set aside by the Federal
 Circuit. See Facebook's trial conduct; See also Facebook's "I'm tired" tactic; Expert
                                                                                                                    Email me updates
 witness practices "dark arts;" No evidence. No problem. Fabricate it.; Missing
 Documents; Patent Office records disprove Facebook; Facebook's "court room
 theater."                                                                                                           Email address... Submit


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As the facts emerge, the patchwork of Facebook origin stories
is finally starting to address the previously unanswered
elephant-in-the-room question: How can a complete platform
be conceived, researched, designed, written, edited, debugged
and staged in under two weeks, by one person, while taking a
full class load and studying for finals?

It now appears that: (1) as asserted by Leader, Mark
Zuckerberg hacked his platform technology ideas from Leader
Technologies' white papers (he testified that he did not
remember the "other" sources for Facebook, but that he never
saw the Leader white papers), and garnered the "faces" ideas
from three sources: (2) the Winklevoss twins (ConnectU), (3)
Aaron Greespan (houseSYSTEM) and (4) even the Harvard
administration. Mr. Zuckerberg only vaguely admits to "other"
sources while adamently denying each and every specific
source put forward. This should be no surprise since Mr.
Zuckerberg boasted to Wired magazine that "one good hacker
can be as good as 10 or 20 engineers" (cited below) and
recently hired hacker George Hotz who broke into Sony
PlayStation servers; an incident that cost the company $25
million.[4] See Wired, Apr. 19, 2010; Hollywood Reporter, Jun.
28, 2011.

Another set of facts is that the Leader patent application
published on June 24, 2004 and Mark Zuckerberg testified in
the ConnectU case that he hired Steven Dawson Haggerty to
build the "groups functionality" during that same time in the
summer of 2004. The Leader patent application specifically
describes Leader's groups context innovations (references
below). According to The Harvard Crimson, this groups feature
is what accelerated Facebook's popularity from a singular
student profile to an interactive system. "New Facebook
Groups Abound," The Harvard Crimson, Dec. 3, 2004.

Much of the new information referenced here is sourced from the U.S. District Court's
PACER website.[6] Click the link here for instructions on sign up and access: The
case caption is Leader Technologies Inc. v. Facebook Inc., 08-CV-862-JJF/LPS (D.
Del. 2008). See How to Access PACER.

The court documents reveal how Mark Zuckerberg was able to accelerate from 0-to-60
mph in "one or two weeks" while studying for his Harvard finals to start Facebook on
February 4, 2004. The idea for the student facebook was already known at Harvard
from three well-documented sources prior to Mr. Zuckerberg: (1) the Winklevoss twins'
ConnectU,[1] (2) Aaron Greenspan's houseSYSTEM,[2] and (3) from the Harvard
computer administration.[3] And, if Leader Technologies ("Leader") is right, Mr.
Zuckerberg lifted the ideas for the structure of the platform from Leader Technologies'
patent pending white papers, one published on October 22, 2003, along with Leader's
first patent publication on June 24, 2004—exactly when Mr. Zuckerberg says "Steven
Dawson Haggerty" was hired to build the "groups functionality" which is disclosed in
the Leader patent publication.[4][5][6][7]

[1] Nicholas Carlson. "At Last -- The Full Story Of How Facebook Was Founded."
Business Insider, Mar. 5, 2010. Accessed Jul. 15, 2011.
[2] Aaron Greenspan. "Aaron's Answers about houseSYSTEM." Quora, Oct. 4, 2010.
Accessed Jul. 16, 2011.
[3] David M. Kaden. "College Inches Toward Campus-Wide Facebook." The Harvard
Crimson, Dec. 9, 2003. Accessed Jul. 16, 2011.
[4] Mark Zuckerberg Deposition. The Facebook vs. ConnectU, April 25, 2006.
Accessed Aug. 1, 2011.
[5] Leader Technologies, Inc.'s Counter-Statement of Disputed Facts, Leader
Technologies, Inc., v. Facebook, Inc., 08-cv-861-JJF, Jun. 11, 2010. Accessed Aug.
2, 2011.

                                                                                          Generated using PDF-ace.com
2, 2011.
[6] Michael McKibben. "White Paper: Leader2Leader® — What convergence was
meant to be." Leader Technologies®/archive.org, Oct. 22, 2003; Leader v. Facebook,
Doc. No. 477, Ex. 28. Accessed Aug. 2, 2011.
[7] Katherine M. Gray. "New Facebook Groups Abound." The Harvard Crimson, Dec. 3,
2004. Accessed Aug. 3, 2011.

     Leader inventor Michael McKibben’s son Max lived in Winthrop House, the
     dormitory next to Mark Zuckerberg's Kirkland House where Mr. Zuckerberg's
     now infamous hacking, depicted in The Social Network movie, was carried
     out. See Mark Zuckerberg Oct. 28, 2003 Online Hacking Diary; See The
     Social Network Hacking Scene, YouTube; See also Harvard campus map
     showing the proximity of Winthrop House and Kirkland House .

     Four (4) emails between Leader inventor Michael McKibben and his Harvard
     son Max dated between April 21, 2003 and January 13, 2004 are identified
     in the joint evidence list. These dates predate the founding of Facebook on
     February 4, 2004. See Proposed Joint Evidence List, May 27, 2010, PTX
     776-779, p. 17. The contents of these emails are not known at the present
     time since this "willfulness" evidence has not yet entered the case.

     Mark Zuckerberg hacked into the Harvard student house site servers and
     email accounts multiple times. See Mark Zuckerberg Oct. 28, 2003 Online
     Hacking Diary; Nicholas Carlson. "In 2004, Mark Zuckerberg Broke Into A
     Facebook User's Private Email," Business Insider, Mar. 5, 2010.

     Mark Zuckerberg stated that “one good hacker can be as good as 10 or 20
     engineers.” Wired, Apr. 19, 2010.

     Leader invested 145,000 man-hours and over $10 million to develop the
     initial concept and build a working embodiment of the technology. Leader
     Opening Brief, Jul. 25, 2011, p. 6; also available at Leader.

     Mark Zuckerberg testified to have built the first version of Facebook in “one
     or two weeks” while studying for finals in January 2004. Mark Zuckerberg
     ConnectU Deposition, Apr. 25, 2006, Tr. 41:3-42:1; Tr. 42:17-20; Tr. 82:3-7.

     Mark Zuckerberg stated in ConnectU testimony that he could not remember
     his “other” sources for his ideas for Facebook, and testified in Leader v.
     Facebook that Leader’s white papers were not among those “other” sources.
     Mark Zuckerberg ConnectU Deposition, Apr. 25, 2006, Tr. 36:17-22.

     Leader published a white paper on its invention on October 22, 2003. Mark
     Zuckerberg hacked the Harvard House sites on October 28, 2003, six days
     later. Leader White Paper, Oct. 22, 2003, Archive.org, cited in Leader v.
     Facebook, Doc. No. 477, Ex. 28, Oct. 22, 2003.

     From Oct. 23, 2003 to Sep. 15, 2004 The Harvard Crimson carried 22 news
     articles about sophomore Mark Zuckerberg. Only Bill Clinton and George
     Bush received more mentions. Al Franken received 16, Google 14,
     Microsoft 10, Bill Gates and Pope John Paul II 3 each. By comparison, the
     two other facebooks at Harvard, namely the Winklevoss Twins' ConnectU
     and Aaron Greenspan's houseSYSTEM, received 4 mentions each. What
     follows are links to the 22 articles.

         1.   Oct. 23, 2003, S.F. Brickman, Not-so-artificial Intelligence

         2.   Nov. 04, 2003, Bari M. Schwartz, Hot or Not? Website Briefly Judges Looks

         3.   Nov. 06, 2003, S.F. Brickman, Face Off - New web venture not so hot

         4.   Nov. 19, 2003. Katharine A. Kaplan, Facemash Creator Survives Ad Board

         5.   Dec. 09, 2003, David M. Kaden, College Inches Toward Campus-Wide Facebook

         6.   Dec. 11, 2003, The Crimson Staff, Put on a Happy Face

         7.   Feb. 09, 2004, Alan J. Tabak, Hundreds Register for New Facebook Website

         8.   Feb. 17, 2004, Amelia E. Lester, Show Your Best Face

         9.   Feb. 18, 2004, Alan J. Tabak, Harvard Bonds on Facebook Website

        10.   Mar. 01, 2004, Adam P. Schneider, Facebook Expands Beyond Harvard

        11.   Mar. 09, 2004, Leon Neyfakh, Columbia Rebukes thefacebook.com

        12.   Mar. 11, 2004, The Crimson Staff, Manifest Destiny, Facebook Style

        13.   Mar. 15, 2004, Matthew A. Gline, CrimsonPartiesHookupExchange.com

        14.   Mar. 18, 2004, Sarah E.F. Milov, Sociology of thefacebook.com

        15.   Mar. 19, 2004, Anastasios G. Skalkos, New Online Facebook Launched

        16.   May 07, 2004, M. Grynbaum, Online Facebook Solicits New Ads

        17.   May 28, 2004, T.J. Mcginn, “Online Facebooks Duel Over Tangled Web of
              Authorship

        18.   Jun. 10, 2004, Elena Sorokin, Internet Boosts Social Scene

        19.   Jun. 10, 2004, M. Grynbaum, Zuckerberg ’06: The whiz behind thefacebook.com

        20.   Aug. 13, 2004, Alan J. Tabak, Zuckerberg Programs New Website

        21.   Sep. 13, 2004, T.J. Mcginn, Lawsuit Threatens To Close Facebook



                                                                                            Generated using PDF-ace.com
         22.   Sep. 15, 2004, The Crimson Staff, Facing Off Over The Facebook


     Leader's patent first published on June 24, 2004. Mark Zuckerberg testified
     in ConnectU that the "groups functionality" was programmed into Facebook
     during the summer of 2004 by "Steven Dawson Haggerty." The Harvard
     Crimson says Facebook became much more popular with users of the
     "Groups" were introduced. Mark Zuckerberg ConnectU Deposition, Apr. 25,
     2006, Tr. 90:11-91:18.

     Also "by the end of the summer" (NOTE: this is at the same time as the
     Leader patent "groups" disclosure), Peter Thiel invested $500,000 in
     Facebook according to an Accel press release.

     Accel Partners' CEO James Breyer invested $12.7 million in April 2005 and
     became a Facebook board member while also serving on the Board of the
     Associates of the Harvard Business School, and serving as the former
     chairman of the Harvard Business School California Research Center.
     According to an Accel press release, Mr. Breyer said in a Stanford
     Business School interview that he did not meet Mr. Zuckerberg until the fall
     of 2004 at Palo Alto's Village Pub after Mr. Zuckerberg moved to California.

     Facebook's defense relied solely on discrediting inventor Michael McKibben
     as its evidence of early commercial activity. Facebook provided no expert
     testimony, no source code, no engineering documents, no Leader engineer
     testimony, no third party testimony. Leader Opening Brief, Jul., 25, 2011, p.
     16; also available at Leader.

     Facebook's attorneys admitted to the judge that they could not meet their
     burden without getting access to Leader's source code. However, after being
     granted access to login to Leader2Leader and access to the full Leader
     source code, Facebook produced no Leader source code at trial to prove the
     early commercial activity. Leader inventor Michael McKibben says that is
     because the programmer notations in the Leader source code prove they are
     wrong. Leader Press Release, Jul. 26, 2011.

Aaron Greenspan, the creator of one of the rival facebooks at Harvard called
houseSYSTEM had this to say about the uncanny "student-rebel-hero" coverage that
fellow geek Mark Zuckerberg received:

       "The Crimson would run a front-page article on Mark and his site . . . The
       coverage was always the same and unequivocally positive . . . It was as
       if 14-year-old girls (with bad vision...) had taken over the newspaper on
       Plympton Street." Authoritas, Think Press, p. 292.

Dubious Origin Stories

The various Facebook origin stories are suspect. Mr. Zuckerberg testified in ConnectU
that he alone built the Facebook site in "one or two weeks" while studying for finals in
January 2004. A reasonable programmer knows that this claim is not credible, and
wildly so. He testified that he never saw Leader's white papers, although the similarities
are mathematically impossible without copying.

A reasonable person also sees the evident presence of an influential business figure
behind the scenes—someone with an impressive ability to affect the news coverage
priorities of The Harvard Crimson. No such influential person has ever been identified in
the Facebook creation stories. According to the Accel Partners' press release cited
above, no West Coast venture capitalists with influential Harvard contacts knew Mr.
Zuckeberg at the time of the The Harvard Crimson coverage.

A reasonable person can see that without business and media help, hacking, theft, co-
opting of the facebook ideas floating around campus, and copying of Leader's white
papers, Mr. Zuckerberg alone could not have started Facebook on Feb. 4, 2004 while
taking a full class load.

                                               ***




Posted by Patent Blogger 4 at 10:48 PM                                          0




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Other posts in this series of blogs about Leader v. Facebook

SUMMARY - Leader v. Facebook trial analysis--American Innovation is on the line
1. Mark Zuckerberg used Leader white paper to build Facebook
2. Jury transforms disbelief into evidence
3. No evidence? No problem. Fabricate it.
4. Facebook's trial conduct
5. Facebook's "court room theater"
6. Facebook's "I'm tired" tactic
7. Missing Facebook Documents
8. Expert witness practices "dark arts"
9. Patent Office records disprove Facebook


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Patent Blogger 4                                                     2011 (10)
View my complete profile                                                September (2)
                                                                        August (8)
                                                                       1. Mark Zuckerberg used Leader white paper to buil...


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                            4. Facebook’s trial conduct
                            8. Expert witness practices "dark arts"
                            6. Facebook's "I'm tired" tactic
                            5. Facebook's "court room theater"
                            9. Patent Office records disprove Facebook
                            3. No evidence? No problem. Fabricate it.
                            7. Missing Facebook Documents




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                                                                         Generated using PDF-ace.com
 Zuckerberg testified in ConnectU
that he alone built the Facebook site in "one or two weeks" while studying for finals in
January 2004. A reasonable programmer knows that this claim is not credible, and
wildly so. He testified that he never saw Leader's white papers, although the similarities
are mathematically impossible without copying.

A reasonable person also sees the evident presence of an influential business figure
behind the scenes—someone with an impressive ability to affect the news coverage
priorities of The Harvard Crimson. No such influential person has ever been identified in
the Facebook creation stories. According to the Accel Partners' press release cited
above, no West Coast venture capitalists with influential Harvard contacts knew Mr.
Zuckeberg at the time of the The Harvard Crimson coverage.

A reasonable person can see that without business and media help, hacking, theft, co-
opting of the facebook ideas floating around campus, and copying of Leader's white
papers, Mr. Zuckerberg alone could not have started Facebook on Feb. 4, 2004 while
taking a full class load.

                                               ***




Posted by Patent Blogger 4 at 10:48 PM                                          0




0 comments:
Post a Comment


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Followers



About Me                                                         Blog Archive

Patent Blogger 4                                                    2011 (9)
View my complete profile                                               August (9)
                                                                      Mark Zuckerberg used Leader white paper to build F...
                                                                      Facebook’s trial conduct
                                                                      Expert witness practices "dark arts"
                                                                      Facebook's "I'm tired" tactic
                                                                      Facebook's "court room theater"
                                                                      Patent Office records disprove Facebook
                                                                      No evidence? No problem. Fabricate it.
                                                                      Missing Facebook Documents
                                                                      Mark Zuckerberg used Leader white paper to build F...




                                          Awesome Inc. template. Powered by Blogger.




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                  l   Facebook's attorneys admitted to the judge that they could not meet their
                             burden without getting access to Leader's source code. However, after
                             being granted access to login to Leader2Leader and access to the full
                             Leader source code, Facebook produced no Leader source code at trial to
                             prove the early commercial activity. Leader inventor Michael McKibben
                             says that is because the programmer notations in the Leader source code
                             prove they are wrong. Leader Press Release, Jul. 26, 2011.

                      Aaron Greenspan, the creator of one of the rival facebooks at Harvard called
                      houseSYSTEM had this to say about the uncanny "student-rebel-hero" coverage that
                      fellow geek Mark Zuckerberg received:

                              "The Crimson would run a front-page article on Mark and his site . . . The
                              coverage was always the same and unequivocally positive . . . It was as
                              if 14-year-old girls (with bad vision...) had taken over the newspaper on
                              Plympton Street." Authoritas, Think Press, p. 292.



                      Dubious Origin Stories

                      The various Facebook origin story lines are suspect. Mr. Zuckerberg testified in
                      ConnectU that he alone built the Facebook site in "one or two weeks" while studying
                      for finals in January 2004. A reasonable programmer knows that this claim is not
                      credible, and wildly so. He testified that he never saw Leader's white papers, although
                      the similarities are mathematically impossible without copying.

                      A reasonable person also sees the evident presence of an influential business figure
                      behind the scenes—someone with an impressive ability to affect the news coverage
                      priorities of The Harvard Crimson. No such influential person has ever been identified in
                      the Facebook creation stories. According to the Accel Partners' press release cited
                      above, no West Coast venture capitalists with influential Harvard contacts knew Mr.
                      Zuckeberg at the time of the The Harvard Crimson coverage.

                      A reasonable person can see that without business and media help, hacking, theft, co-
                      opting of the facebook ideas floating around campus, and copying of Leader's white
                      papers, Mr. Zuckerberg alone could not have started Facebook on Feb. 4, 2004 while
                      taking a full class load.

                                                                 ***




                      Posted by Patent Blogger 4 at 1:18 PM



                      0 comments:

                      Post a Comment




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                   About Me                                                               Blog Archive

                   Patent Blogger 4                                                       ▼  2011 (9)
                   View my complete profile                                                 ▼  August (9)
                                                                                               Mark Zuckerberg used Leader white paper to build F...
                                                                                               Facebook’s trial conduct
                                                                                               Expert witness practices "dark arts"
                                                                                               Facebook's "I'm tired" tactic
                                                                                               Facebook's "court room theater"
                                                                                               Patent Office records disprove Facebook
                                                                                               No evidence? No problem. Fabricate it.
                                                                                               Missing Facebook Documents
                                                                                               Mark Zuckerberg used Leader white paper to build F...




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http://facebook-technology-origins.blogspot.com/2011/08/leader-technologies-just-filed-their.html                                                      Page 5 / 5


				
DOCUMENT INFO
Description: This blog analyzes the Leader v. Facebook record for information about Mark Zuckerberg role in this litigation. Little is said about him, but what is revealed is profound. Because the court bifurcated the trial between infringement and damages/willfulness/injunction, much of the evidence about Mr. Zuckerberg's association with Leader's technology will not be presented until the damages trial. What is learned from the record comes largely from judge's conferences where Leader's attorney Paul Andre discusses Leader's white papers in 2003 and the statistical improbability that Mark Zuckerberg did not copy them, given the number of similarities in choices of approach, technologies, etc. Mathematics calls this combinatorial mathematics. Also intriguing are certain emails listed in the joint evidence list to and from Leader inventor Michael McKibben and his Harvard pre-med and footballer son Max McKibben who lived in the Harvard House (dorm) next to Mark Zuckerberg. The contents of those emails are not yet known since they have not come into evidence. Another technological coincidence discussed is the fact that Leader's patent first published on Jun. 24, 2004, which is about the same time that Mark Zuckerberg testified in ConnectU that he hired Steve Dawson Haggerty to program the "groups functionality" into Facebook. The Leader patent disclosure specifically discloses that functionality. Leader proved at trial that Facebook "literally infringes" the ability of the system to track a user's movement across groups, also know in facebook as friends, fan pages, and groups. This blog is thoroughly cited to court and other public documents. Leader Technologies, Inc. v. Facebook, Inc., 08-cv-862-JJF/LPS (D.Del 2008).