The Difference Between Ideas And Execution -- And What's Missing From 'The Social Network'
from the too-bad dept
Except, as Lessig notes, in the movie, a totally different portrait is painted. One where execution is meaningless, and only ideas and lawyers seem to matter:
In Sorkin's world--which is to say Hollywood, where lawyers attempt to control every last scrap of culture--this framing makes sense. But as I watched this film, as a law professor, and someone who has tried as best I can to understand the new world now living in Silicon Valley, the only people that I felt embarrassed for were the lawyers. The total and absolute absurdity of the world where the engines of a federal lawsuit get cranked up to adjudicate the hurt feelings (because "our idea was stolen!") of entitled Harvard undergraduates is completely missed by Sorkin. We can't know enough from the film to know whether there was actually any substantial legal claim here. Sorkin has been upfront about the fact that there are fabrications aplenty lacing the story. But from the story as told, we certainly know enough to know that any legal system that would allow these kids to extort $65 million from the most successful business this century should be ashamed of itself. Did Zuckerberg breach his contract? Maybe, for which the damages are more like $650, not $65 million. Did he steal a trade secret? Absolutely not. Did he steal any other "property"? Absolutely not--the code for Facebook was his, and the "idea" of a social network is not a patent. It wasn't justice that gave the twins $65 million; it was the fear of a random and inefficient system of law. That system is a tax on innovation and creativity. That tax is the real villain here, not the innovator it burdened.It's too bad, if not surprising, that the film decides to celebrate this tax on innovation and creativity as if it makes sense.