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Skype founders take eBay to court

Matthew Hopson   on 17 September 2009 - 10:05 · 19 comments & 5788 views

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The original founders of online telephony service Skype have filed a lawsuit against eBay, and an investment group who recently agreed to buy the service, seeking millions of dollars in damages for unlicensed use of a network technology they own.

This latest lawsuit seeks a permanent injunction against Skype, as well as damages which the pair believe are increasing at a rate of more than $75 million a day.

Niklas Zennstrom and Janus Friis founded Skype in 2003 before selling it to eBay in 2005 for $2.6 billion. eBay recently agreed to sell a 65 percent stake in Skype for $1.9 billion to a consortium of investors.

The disagreement is over a piece of technology called "Global Index", which is responsible for some of the peer-to-peer sharing systems that run Skype. When eBay bought Skype in 2005, it decided not to purchase Global Index, instead opting to license it from Joltid, a separate company started by Zennstrom and Friis in 2002.

The pair allege that when they left Skype in 2007, eBay began to alter the code used in Global Index, breaching the license agreement. eBay however, have denied the allegations, stating "Their allegations and claims are without merit and are founded on fundamental legal and factual errors."

The case has not only cast doubts over the sale of Skype, but the service itself, with eBay admitting that without Global Index, Skype could no longer function.

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#1 +Chipshop on 17 Sep 2009 - 11:31
This one will run for years.
Without knowing the absolute truth it looks like the Skype founders pulled a very shrewd business move which Ebay have tried to wrangle out of.
(2 replies) #2 cabron on 17 Sep 2009 - 11:49
I called this bad management decision, the worst business deal I ever saw. Ebay business model does not have anything to do with the Skype business model, two different type of businesses and now Ebay is screwed.
#2.1 _dandy_ on 17 Sep 2009 - 15:12
cabron said,
I called this bad management decision, the worst business deal I ever saw. Ebay business model does not have anything to do with the Skype business model, two different type of businesses and now Ebay is screwed.


The fact that Skype's business model doesn't fit Ebay's business model isn't the most stupid thing here--it's the fact that Ebay hasn't bought/licensed the underlying VOIP technology that Skype uses.

Somebody at Ebay has done a ****-poor due diligence job when they were negotiating the deal. Ebay hasn't bought anything that is useful on its own.
#2.2 Peas on 18 Sep 2009 - 08:59
cabron said,
I called this bad management decision,
Despite Ebay's best efforts to kill its own business (horrid customer support, exorbitant fees), it looks like management's ineptitude is finally paying off. They've shot off all their toes, moving to the feet and going up the leg. Soon they'll be flailing around the penny stock market.
#3 paokun on 17 Sep 2009 - 11:49
The trial can go on for many years, but as long as I can keep using Skype, I'm a happy person.
(2 replies) #4 dreamhacker on 17 Sep 2009 - 12:34
It's not really nice to sell something and screw the buyer like that after.
#4.1 Jugalator on 17 Sep 2009 - 21:54
When eBay bought Skype in 2005, it decided not to purchase Global Index

IMHO, Skype sold eBay everything they wanted. The problem to me is that eBay didn't want everything, and chose another way for a vital Skype technology. I have no idea why they did that, but that's how it reads from Skype's POV anyway.

I imagine the problem here is (that's the only way I can see that it *is* a problem) that it was cheaper to license it from Joltid, but then they instead had no full rights to alter the code, something I assume they had if they had purchased it as part of the original deal.

A number of guesses here, but I blame that on Reuters reporting. :p
#4.2 +Smigit on 18 Sep 2009 - 02:52
The buyer should have checked the item description more carefully before buying.
(1 reply) #5 johnnyboyc_uk on 17 Sep 2009 - 12:55
'filed' a lawsuit.
#5.1 +0sm3l on 17 Sep 2009 - 16:38
Ebay however, 'has'
(3 replies) #6 ]SK[ on 17 Sep 2009 - 15:05
If I sold my company for $2.6 I couldn't care less what they did with it.
#6.1 iamwhoiam on 17 Sep 2009 - 15:37
I'm with you on that one.

Anyone know of a FREE alternative to Skype (other than things like Ventrilo) that has roughly the same call quality and allows for conferences?
#6.2 Xilo on 17 Sep 2009 - 19:29
iamwhoiam said,
I'm with you on that one.

Anyone know of a FREE alternative to Skype (other than things like Ventrilo) that has roughly the same call quality and allows for conferences?

that's the problem... there really is none
maybe google's voip service...
#6.3 roadwarrior on 18 Sep 2009 - 14:24
SK[ said,]If I sold my company for $2.6 I couldn't care less what they did with it.


That's just the thing though. eBay didn't buy everything, and chose to simply license a significant part of the underlying technology. Then eBay decided they wanted to make changes to the code that they didn't own.
#7 LAMj on 17 Sep 2009 - 17:34
eBay is screwed on both ends I was wonder who at eBay was in charge of buying Skype.
#8 .Kompressor on 17 Sep 2009 - 19:42

skype is a great tool.....i hope good things come out of this and not problems for skype users..

the founders of skype seemed to have done a shrewd business deal indeed....without full disclosure to the buyer on how the skype service works.
(1 reply) #9 Nick Brunt on 17 Sep 2009 - 22:50
Blimey, if they got $2.6 billion for it, why are they complaining? It's not like they need any more!
#9.1 JWD on 21 Sep 2009 - 02:44
I worked at a place that made a medical implant, they sold the company to another company for $25 Million dollars, lock, stock, barrel and everything... except for the processor chip that controlled the inplant, which they sold after the buying company discovered it owned a bunch of nothing for another $25 Million dollars, plus a big chuck of the buying companies stock and a seat on the board of directors. I guess it's a good way of insuring a future income. Needless to say the buying company was not very happy about it, but what choice was left to them?
#10 M_Lyons10 on 18 Sep 2009 - 00:27
Ebay was so stupid to not buy ALL of Skype... I really don't understand why a company would EVER buy a product like that and still rely on the previous owners of the property for such a major component... I've never heard of such a poor choice...

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