[pvg]

to a layman, this is the clearest evidence yet that Zuckerberg was involved in some shady dealings

Really? Perhaps to the sort of layman who's already quite convinced 'shady dealings' took place. If someone got some college kid to sign an unenforceable (and certainly ridiculously unfair, from an ethical, if not legal standpoint) contract, how is that evidence of 'shady dealings', rather than inexperience and naivete?

The whole thing seems completely preposterous, I think to anyone who's entered a contract or two. It's hard to imagine the 'everyone' who would take this contract at face value, at least, not the subset of everyone who's ever signed a lease, mortgage or employment agreement and/or has had the most passing consultation with a lawyer about one. The fact that someone with professional legal expertise feels the whole thing is likely preposterous makes it more, not less likely that is the case. To suggest otherwise is to possess an oddly conspiratorial turn of mind.

[grellas]

Any item of litigation will resolve itself based on two major factors: (1) legal technicalities; and (2) what I call "motivating factors."

I upvoted irq11's comment, though I disagree with the conclusion, for flagging this important distinction.

Any lawyer who assesses a case purely on legal technicalities will likely get caught short because all concerned at a trial (judge and jury) will normally be taking a wider view of the case based on their sense of what really happened between the parties, regardless of legal technicalities. If they see someone as a liar, a jerk, a schemer, a shark, or whatever, they will be highly "motivated" to find against that party so long as the law gives them any hook upon which to do so.

That said, my own view tends to align with yours (pvg). As I see it, this thing has "shark" written all over it, and the shark here will likely be seen to be Mr. Ceglia (both because of the heavily lopsided contract terms and because he is opportunistically trying to sandbag FB's shareholders - who clearly are innocent even if Mr. Zuckerberg is not - after lying in wait for many years, a dirty shot by any measure). I could be wrong on this, of course, but I would be quite surprised in this sort of case if someone who did what Mr. Ceglia did here would be viewed sympathetically at any phase of this court proceeding. In other words, I would say that the "motivating factors" for this case would tilt in favor of Mr. Zuckerberg (and Facebook) from the facts revealed so far. Reasonable minds might differ on this (with respect to Mr. Zuckerberg only), and other facts might later be revealed to alter this conclusion, but that is how I see it so far.

Of course, there is no accounting for how people might choose to see this outside of court but I think this tends to confirm my point that many people simply have a desire to see Mr. Zuckerberg get his comeuppance and that is why the reporting comes out the way it does as well.

[irq11]

Your position is as biased as any other -- you're just choosing to focus on Zuckerberg's age, and consequently assume that he was victimized. Perhaps that's true, perhaps not.

When I look at this, I see an incredibly unsophisticated legal agreement. The author of the contract hardly strikes me as a knowledgable player, and I'm not inclined to assume that he ever had the upper hand in a battle of wits with Zuckerberg. In any case, the fact that a contract is poorly written doesn't automatically make me disregard it's intent, and here the intent of the contract is so clear that even Mark Zuckerberg -- innocent babe that he was -- could have understood it.

[pvg]

Right but it's exactly the intent that seems almost predatory, however legally unsophisticated it is. Let's assume, as seems reasonable, that both parties were fairly clueless and acting without the benefit of good professional advice. When you read the contract, doesn't the stuff Ceglia is asking for seem kind of nuts? And not in any technical legal sense, just in general.