Arianna Huffington Sued For 'Stealing' The Idea For The Huffington Post

from the you-can't-steal-ideas dept

Tue, Nov 16th 2010 11:38am — Mike Masnick

Apparently two political consultants, Peter Daou and James Boyce, thought they had a deal back in 2004 to help create a blogging site with Arianna Huffington and Ken Lerer -- and they're now suing both of them for "idea misappropriation" over the Huffington Post. The whole filing is quite a read:

Of course, you can't own an idea, so it's a bit silly to claim otherwise. There's also a breach of contract claim, which also seems like a huge stretch. While it is possible to have a verbal contract, from the filings, it's going to be very difficult for Daou and Boyce to prove that there was any official verbal contract at work here. It sounded like early stages of planning, before Huffington and Lerer decided to go in their own direction.

Also quite damning is the fact that the lawsuit is being filed more than 5 years after the events took place. Daou and Boyce try to explain this away by claiming that a public legal fight would hurt their ability to get other work, which doesn't really make much sense. On top of that Daou and Boyce have been regular contributors to The Huffington Post. In the lawsuit, they suggest that they still wanted it to be a success and hoped that Huffington and Lerer would make things right. It's difficult to see this court case getting very far, but it may scare people off from having any conversations with Daou or Boyce about potentially working together on any kind of project, as it seems they might sue you in the future if you don't automatically cut them in on it if you decide to go off and do it on your own.

Filed Under: arianna huffington, execution, ideas, james boyce, peter daou
Companies: huffington post

21 Comments

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ChurchHatesTucker (profile), 16 Nov 2010 @ 11:54am

Oh gods
I had this idea in '94.

Oh wait, everybody else on the net at the time did too.

If it wasn't for these buggers who up and done it, WE'D have done it. Probably. At some point.
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Scote, 16 Nov 2010 @ 12:10pm

You mean "oral" contract
You wrote:

"prove that there was any official verbal contract at work here. "

Any contract that uses words is verbal. Both oral and written contracts are verbal. An oral contract is one that is spoken rather than written down.
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- ChurchHatesTucker (profile), 16 Nov 2010 @ 12:19pm
  
  Re: You mean "oral" contract
  So you're saying that you think it may be a written contract? Why?
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- WDS (profile), 16 Nov 2010 @ 12:26pm
  
  Re: You mean "oral" contract
  Actual Merriam-Webster includes under the definition of Verbal, "Spoken rather than written" and gives as an example "A Verbal Contract".
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  - Anonymous Coward, 16 Nov 2010 @ 12:31pm
    
    Re: Re: You mean "oral" contract
    BAM!
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  - Dark Helmet (profile), 16 Nov 2010 @ 12:39pm
    
    Re: Re: You mean "oral" contract
    Boom, headshot...
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  - Scote, 16 Nov 2010 @ 3:37pm
    
    Re: Re: You mean "oral" contract
    Yes, you *can* use it in that way, but it is imprecise and equivocal. Oral is not.
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    - bjupton, 16 Nov 2010 @ 3:54pm
      
      Re: Re: Re: You mean "oral" contract
      I thought 'oral' was precise and unequivocal.
      
      She had a different view.
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Anonymous Coward, 16 Nov 2010 @ 12:57pm

Were these two whores recently laid off?
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Dewey, Cheatem & Howe, 16 Nov 2010 @ 12:58pm

And to think Daou and Boyce thought bringing way back when would be career-limiting... it's far more career-limiting to play nice in the intervening 5 years and THEN file suit. Whatta couple dopes.
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Anonymous Coward, 16 Nov 2010 @ 1:04pm

Assuming the facts as related in the complaint are true (at this point in the proceedings the facts are presumed to be true), these two individuals present a quite compelling case that may proceed to trial on all counts in the absence of any relevant statute of limitations.

As for "idea", your article is remiss in not noting that the work allegedly done by the two plaintiffs was far, far more advanced than you appear prepared to give credit.

BTW, verbal contracts are just fine (Statute of Frauds does not apply here) for the formation of a Joint Venture, and breach of a fiduciary duty, as is owed by each joint venturer to the others, is a serious matter.
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interval (profile), 16 Nov 2010 @ 1:14pm

Good
I'm glad Huffington is being sued for something, even if the merits of the case arn't exactly up to snuff. The damn, lie-spewing witch needs to be brought down a peg or two by any means.
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- harbingerofdoom (profile), 16 Nov 2010 @ 4:09pm
  
  Re: Good
  nice.
  ends justify the means? if you dont like it, dont read it. if you believe it to be lies, start your own site in order to offer proof that its all lies.
  
  quite honestly, the idea of "i hate them so bring them down by any means possible" is bottom of the barrel thinking and every bit as underhanded as what RIAA, MPAA, et al. do... you really want to be thought of in the same light as them?
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- Nobody you know, 24 Nov 2010 @ 5:40am
  
  Re: Good
  You just don't like the fact that someone is standing up to the Republicanazis who own America and control most of the news outlets so they can hide their crimes. Good for Arianna.
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James Carmichael (profile), 16 Nov 2010 @ 1:21pm

Grammar Nazi
more then 5 years -> more than 5 years
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bob, 16 Nov 2010 @ 1:48pm

I can't say I blame him
All I know is that being married to her turns you gay, or in other words her x would rather be gay than married to her.
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elliot, 16 Nov 2010 @ 7:02pm

Daou and Boyce
I guess these guys watched THE SOCIAL NETWORK, and decided to sue. Zuckerburg gets sued (and won) by 2 guys who came up with the original idea and hired zuckerburg.
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Gene Cavanaugh, 17 Nov 2010 @ 7:56pm

Huffington Post suit
I am probably a little out of date, but there are several things to consider here:
1. Under the Statute of Frauds, a contract covering more than a year must be in writing. I didn't see that; but IMO a verbal contract is a nullity in this case.
2. In every state I am aware of, a suit for such a thing needed to be brought within 2-4 years, even if in writing, otherwise, the Statute of Limitations likely applies.
3. An attorney, in every state I am aware of, would need to explain this to a client - of course, if the client decides to proceed anyway, it gets murky - and we need to know "Which state"?
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Anonymous Coward, 10 Feb 2011 @ 4:45pm

people steal more than you think
I'm not saying yes or no. I'm saying there are some bastards out there that have been known to do such things. And there are other bastards who have been known to steal for no reason. Do enough business long enough, you'll discover this.
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Anonymous Coward, 10 Feb 2011 @ 7:03pm

send the bitch to egypt
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Anonymous Coward, 3 Oct 2012 @ 2:33pm

Funny, August 2004 there was a double homicide in Jenner where JOURNAL FIVE entry has characteristics of Arianna's handwriting when magnified. There was a Move for Spiritual Awareness Minister in the Northern CA region at that Aug 04 time (Mary Melissa Kline) and I wonder, is there a problem with that? could that couple have seen something? a meeting of million dollar minds? only running a theory here.
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