Who do you think should be known as one
who came up with the original idea for
social networking?
Certainly, social media started to emerge as a
way for individuals to connect over the internet
long before Facebook revolutionized the ability
to attract millions of users. In 2002-2003, two
prominent social media sites (Linkedin and
MySpace) gave users personalized content,
communication abilities, and the ability to
connect with other users around the world.
As it related to Facebook v. ConnectU and the Winklevoss’s, there was
significance to the mediation that took place prior to the case being heard in
the US appeals court. As it relates to intent and merit of the claim towards
Zuckerberg and Facebook by the Winklevoss brothers, there are clues
represented in the settlement reached between the two parties. "Given the
size of the settlement, it's obvious that the case against Facebook's founder at
least had some merit," said Dan Olds, principal analyst at Gabriel Consulting
Group. "Companies do not pay $65 million to get rid of nuisance lawsuits”
(Gaudin, 2009).
Which is more important: the idea or the execution of the idea?
Having an idea for something is certainly the result of being blessed with a
different and unique way of thinking. Execution of those ideas also require
unique skill sets possessed by only few. Many great ideas through history
were rendered failures due to bad executions. The automotive industry offers
two examples of how similar ideas followed by differing executions can result
in two different outcomes.
Comparison of Fisker Automotive and Telsa motors gives a great example.
Fisker automotive would develop a unique electric and electric hybrid car
(specifically the Karma). The automotive manufacturer would develop
groundbreaking technology even featuring solar panels on its roof for self-
sustainment. Execution of quality assurance and financial management would
result in bankruptcy for the company and it’s ultimate doom. Comparatively
speaking, Elon Musk represents an individual who was able to brilliantly
execute existing ideas of electric vehicles (from Tesla) and turn it into one of
the most recognizable and innovative production car manufacturers of this
generation.
Identify strategies to best protect against getting beaten to market by a
competitor
If a unique idea is discovered, there are ways to protect the idea and be the
first to market.
Prevention of theft: It’s important to document early conception of ideas via
Patent offices and other regulatory agencies. Seeking the next steps for
taking a unique idea to market should always be followed with legal
agreements and documented communications, especially if Patents do not yet
exist for the idea.
Expedited and efficient Execution: As mentioned, execution is a unique skill
that individuals either acquire or are naturally blessed with. For someone to
have an idea without the ability to properly execute the idea, it’s ok to bring in
outside counsel or employment to assist. By bringing in a partner with the
skills of implementing new to market ideas, the chances of success grow. Of
course, protection of the idea is needed before sharing the idea, but
documentation and patents can help.
Biblical Integration:
Regardless of the result of Facebook v. ConnectU and the potential theft of an
idea, there should be no question this was motivated by money. Certainly,
the result of someone whose heart has not been transformed by the Spirit of
God can fall into earthly strongholds. Jesus spoke about the danger of earthly
values such as money. Additionally, Paul echoes the dangers of money as
well. “For the love of money is a root of all sorts of evil, and some by longing
for it have wandered away from the faith and pierced themselves with many
griefs.” (1 Timothy 6:10 North American Standard Bible). Christians must
guard there hearts from being consumed by the love of money. While money
is a necessary commodity that demands correct stewardship, it should not
take the place of God in the hearts of minds of those who follow
Christ. Regardless of an idea that is being taken to fruition, or execution of an
existing idea, those who are in Christ should seek first the will of God.
References
Gaudin, S. (2009). Facebook, ConnectU reportedly reach $65 million
settlement. Computerworld.
Post 2:
Kenneth Bohanan
Discussion Thread: Innovation and Invention
Facebook, Inc, V ConnectU
After reading the background on the legal action between Facebook, Inc., and
ConnectU, it can be challenging attempting to determine who truly has legal
copyright or patent authority. Mr. Narendra and the Winklevoss (brothers)
certainly had an idea. However, they lacked the technical expertise that was
necessary to make the idea become a reality. The Intellectual Property
Clause of the United States Constitution states that; “Congress shall have
power to promote the Progress of Science and Useful Arts, by securing for
limited times to authors and inventors the exclusive right to their respective
writings and discoveries” (Beebe, 2017) The “limited times portion,” of this
Clause seems to be what causes most of the confusion, as it is very vague.
This Clause comes leaping-to-the-surface in the Facebook, Inc, V ConnectU
legal action. Yes, the ConnectU representatives certainly produced an idea,
but they lacked the “know-how” of making that idea become a reality.
The circumstances on how the
idea was introduced also
becomes an important aspect of
this legal action. There was never
a formal contract between Mr.
Zuckerberg and his college
friends, and the idea was merely
an oral conversation between
college buddies (in the middle of
the night). Is the ability to make
the idea become a reality more
important than that original idea?
The Bible teaches that it is a sin
to steal and that it is against one
of the Ten Commandments to
steal. Are the activities that Mr.
Zuckerberg did an example of
stealing? According to the
apostle Paul, love fulfills the law.
Romans, chapter 13, verse 9,
states; “The Commandments,
‘You shall not commit adultery,’
‘You shall not murder,’ ‘You shall
not steal,’ and ‘You shall not
covet,’ and whatever other
command is summed in this one
command: ‘Love your neighbors
as you love yourself” (Romans
13:9, NIV). According to Paul’s
Biblical instruction, I would say
that both parties (Facebook, Inc,
and ConnectU) are faulting here
in this legal action. This could
also be the reason that most
judges have pressed both
Facebook, Inc., and ConnectU to
simply solve their differences.
Both parties need to quit trying
to be selfish. They need to share
in the bounty and simply reach
an agreement.
How can anyone protect themselves from being in a comparable situation?
One of the best ways of protection is simply knowing the basic elemental
differences between patents, trademarks, and copyrights (Larson, 1995).
Another important safeguard to remember is not offering to sell or disclose the
intellectual property until fulfilling all patent, trade, and copyright stipulations,
or at least without already consulting a patent, trademark, or copyright
attorney.
BMIS 570
DISCUSSION: INNOVATION AND INVENTION ASSIGNMENT INSTRUCTIONS
OVERVIEW
Before you answer the questions below, review the Discussion Grading Rubric and the specific
requirements of Discussion posts, including length, at least 1 scholarly source (other than the
textbook and course materials), current APA citations, and Biblical worldview integration.
INSTRUCTIONS
Thread Prompt:
Read the case FaceBook, Inc, v. ConnectU– Respond to the following questions: Who do you
think should be known as one who came up with the original idea for social networking? Which
is more important: the idea or the execution of the idea? Identify strategies to best protect against
getting beaten to market by a competitor.
Your thread must also be at least 350 words or more and follow the guidelines outlined in the
Student Expectations.
Post your threads by 11:59 p.m. (ET) on Sunday of Module 2: Week 2.
Reply Prompt:
Reply to the threads of 2 classmates who offer views different than yours. Identify the points of
difference between the analyses, and explain how your application of the relevant law to the facts
of this situation led you to a different conclusion.
Each reply must be at least 250 words and supported by 1 scholarly source other than the
textbook/course materials. Each source must be properly cited in current APA format.
Submit your replies by 11:59 p.m. (ET) on Sunday of Module 3: Week 3.
Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.
1
Innovation and Invention Discussion Response
Name
Course Name
Course Number
Professor
Date
2
Reply to Keith Olschner
Hi Keith, I am afraid I disagree with you in this situation; even if Facebook paid off
the settlement, Zuckerberg did not steal the idea from the Winklevoss brothers. This is
because the Winklevoss did not know how to execute the idea. Winklevoss and Zuckerberg
did not have a written agreement showing that Zuckerberg was working for the brothers to
help to develop ConnectU (Gaudin, 2009). Having an idea without the means to execute the
idea is meaningless because the individual does not know how to make the idea a reality. An
idea alone is important, but it is just a mere concept that gives people a direction of what to
do (Idea Or Execution, 2022). Zuckerberg had the skill set to execute the idea, which the
Winklevoss brothers did not have.
The idea of having a social media site was already existing; it was not an original idea
that the Winklevoss brothers came up with; hence Zuckerberg did not steal the idea of
Facebook from the brothers. The execution of an idea is more important than the idea this is
because an idea is meaningless without execution. Executing the idea helps shed light on its
potential and if it is a viable idea that will be successful (Idea Or Execution, 2022). To better
protect an idea from competitors, an individual or company can prevent theft by patenting the
idea (Dratler Jr & McJohn, 2022). This will help protect the idea from competitors who may
steal the idea and make better products and services than the idea holder. Individuals should
be careful sharing an idea they have not patented because ideas can be stolen.
3
Reply to Kenneth Bohanan
Hi Kenneth, I'm afraid I have to disagree that Zuckerberg did not have a mistake in
this case because he paid the Winklevoss brothers compensation money. If Zuckerberg did
not steal the idea from the Winklevoss brother, then why was this case taken to many judges
who found it hard to come to a consensus? If Zuckerberg was innocent, he did not steal the
idea; he would have won the case and not paid the brothers the sixty-five million dollars
compensation (Gaudin, 2009). However, I agree with you that both parties are at fault
because Zuckerberg developed Facebook with the Winklevoss brothers' idea, and the brothers
did not take the necessary steps to protect their idea, and they did not have a contract with
Zuckerberg.
The execution of an idea is more important because success depends on the execution
of the idea (Idea Or Execution, 2022). Execution involves knowing how to apply the
innovative idea to the right audience at the right time. Innovative ideas are useless if the
company or individual does not know how to execute the idea (Idea Or Execution, 2022). I
agree that knowing the differences between patent, trade, and copyrights will help a person
establish what type of intellectual property the idea falls under and apply for the appropriate
intellectual property to ensure competitors do not use the idea before the individual. If an
individual does not know how to execute the idea, they can ask for help but ensure they have
protected the idea and have a contract to ensure it is not stolen.
4
References
Dratler Jr, J., & McJohn, S. M. (2022). Intellectual Property Law: Commercial, Creative and
Industrial Property. Law Journal Press.
Gaudin, S. (2009, February 11). Facebook, ConnectU reportedly reach $65 million
settlement. Computerworld. Retrieved from
https://www.computerworld.com/article/2530833/facebook--connectu-reportedly-
reach--65-million-
settlement.html#:~:text=reportedly%20paid%20out%20%2465%20million,a%20confi
dential%20settlement%20last%20year.
Idea Or Execution: Which Is More Critical For Entrepreneurship? (2022, August 8). Modern
Professional. Retrieved from https://modernprofessional.co/idea-or-execution-which-
is-more-critical-for-entrepreneurship/
