What exactly did Adconion buy? Some of Joost’s technology, as well as its trademark, and about a dozen of the company’s remaining 25 employees, a spokeswoman says.

So what does that leave? Does any part of the original Joost survive as an operating company? “I believe so,” says the spokeswoman, who is going to get back to us about that.

Price? Your guess is as good as mine. But I’m guessing it’s not going to be very much, and nothing close to what investors like Sequoia, Index and Viacom (VIA) were hoping when they plowed $45 million into the company more than two years ago. Index, by the way, is also an investor in Adconion and led an $80 million C funding round in February 2008.

In any case, this is all a matter of “i” dotting and “t” crossing, as Joost has officially been in hospice mode since June, when the company laid off most of its employees and replaced CEO Mike Volpi. Prior to that, Volpi and his investors had been trying to broker a sale of the company, hoping that they could convince a big infrastructure player like Comcast (CMCSA) or Time Warner Cable (TWC) to bail it out.

No dice, though Time Warner Cable did end up hiring some technical help from Joost.

ADCONION MEDIA GROUP ACQUIRES JOOST ASSETS

New Capabilities Provide Advertisers, Content Owners and Publishers with an End-to-End
Cross-Channel Video Solution

SANTA MONICA, CALIF. – NOVEMBER 24, 2009 — Adconion Media Group (www.adconion.com), the largest independent global audience and content network, announced today that it has acquired certain assets from privately-held Joost, the online video service. Terms of the transaction were not disclosed.

“Video is a top priority for our company, and through the acquisition of the Joost assets we will be able to provide advertisers, content owners and website publishers with an end-to-end global video platform and cross-channel video and display ad-serving solution,” said Tyler Moebius, CEO, Adconion Media Group. “This acquisition immediately brings additional scale and content to the Adconion video pre-roll network for clients who are looking for a safe, cost-effective alternative to achieve the maximum value of online video advertising. We’ll also continue to operate Joost.com, providing clients with a destination site to showcase and distribute their branded entertainment content.”

In June, Joost announced a change in its business strategy to focus on providing white-label video platforms, and Adconion plans to pursue this strategy. On Friday, Adconion announced its first long-term licensing partnership as the exclusive display and video ad-serving solution for the Goldbach Media Group in Europe.

The acquisition of Joost assets adds many dimensions to Adconion’s existing video services and further will solidify its position in the online video and content syndication market. Prior to the acquisition, Adconion offered targeted distribution of content, including video and television commercials, to audiences around the world via Adconion.TV; as well as customized branded entertainment solutions for clients through its exclusive relationship with the digital studio RedLever. Through the Joost acquisition, Adconion.TV will add to its library of professionally-produced video content available for targeted pre-roll advertisements across 2,000 premium publishers.

Janus Friis, co-founder of Joost, said, “Over the past few months we have been actively exploring strategic options for Joost, and have concluded that the sale of certain of its assets to Adconion is in the best interests of Joost. Adconion has a strong technological platform and a compelling business model, and we believe that both businesses will benefit as a result of this acquisition.”

A leader in advertising innovation, targeting and distribution, Adconion reaches nearly 300 million unique users on a monthly basis. Prior to the Joost acquisition, Adconion was serving more than 80 million video streams per day to targeted audiences across 2,000 global websites.

If spinning is an intense political skill, former eBay CEO Meg Whitman is doing her very best at trying to create a silk purse out of a sow’s ear.

As Om Malik reports on GigaOm, Whitman–who is trying to nab the Republican gubernatorial nomination in California–told a radio interviewer recently that “actually I think Skype will prove to be a good acquisition for eBay.”

Well, good if you mean the $2.6 billion purchase of the Internet telephony company that never worked as Whitman had effusively promised in 2005.

She noted then: “By combining the two leading e-commerce franchises, eBay and PayPal, with the leader in Internet voice communications, we will create an extraordinarily powerful environment for business on the Net.”

That fabulous-sounding synergy did not happen, of course, eventually causing new eBay (EBAY) management to sell a huge chunk of Skype to an investor group.

Best of all, that sale included an ugly and expensive legal fight over software technology licensing issues with its co-founders, Niklas Zennström and Janus Friis, given that Whitman neglected in the competitive bidding to secure them properly.

That resulted in Zennström and Friis forcing eBay to include them just last week in the deal for a big chunk of Skype in exchange for those rights.

As the sick political joke goes: Other than that, Mrs. Lincoln, how was the play?

Nonetheless, Whitman has not let the facts get in the way of a good story!

She kind of had to, I guess, responding to an allegation by one of her rivals in the race, tech entrepreneur Steve Poizner, who has tried to chip away at her blue-chip business reputation by attacking the Skype deal.

Whitman was right to defend a lot of other great acquisitions she made as leader at eBay, such as PayPal; and she can be, as she said in the interview, “proud of my tenure at eBay.”

She should be, given that she was key to building a huge and profitable company that is a clear Silicon Valley Internet icon. While eBay did start to creak near the end of her decade-long stint there, many of Whitman’s accomplishments are nonetheless impressive.

But not all of them and definitely not the Skype buy, so she might want to stop making laughable declarations like this one in the interview:

“You probably read that the company just sold about two-thirds of the interest in Skype to an investor group, kept a portion, and got almost all the money back, and I think Skype will be very effective.”

Well, maybe so, but only because new management had to do clean-up and pay-up for her error, and new owners in charge of Skype could possibly better take advantage of what most consider a terrific property.

So, in the end, Whitman might be right.

And it might not even matter. In a recent poll, Whitman has pulled far ahead of ex-Congressman Tom Campbell, with 34 percent support from Republican primary voters compared to 13 percent for Campbell. Poizner clocks in third at six percent.

Silicon Valley legend and now VC Marc Andreessen was making the interview rounds after the settlement between the litigation-addled co-founders of Skype and all the various people they were suing was announced this morning.

He has been tight-lipped until now, due to the morass of lawsuits.

But, as Andreessen told BoomTown in a phone interview about the aggressive legal tactics of Niklas Zennström and Janus Friis that resulted in them finally seizing a stake in the Internet telephony giant by suing him and many other Silicon Valley players:

“We did not take it personally. It’s a clean sheet of paper.”

Well, it is actually a torn, stained and very worn out piece of paper, due to all the various machinations, but bygones!

Andreessen–who knows a thing or two about legal tussles, if you recall Netscape-Microsoft (MSFT)–said the real point is that it is time to focus on the business of Skype rather than fighting over who controls Skype.

“It’s really good to have everyone lined up and rowing in the same direction. We have to capitalize on the opportunity, because Skype is poised for a new wave of growth,” said Andreessen. “They have an amazing head of steam, because the logical way for voice and video communications to be conducted will be over the Web.”

Thus, Zennström and Friis now join the winning buyout group, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board, along with eBay, in owning Skype.

But Index Ventures, which was in, is–as Heidi Klum might say–out!

Under the terms of the agreement, Niklas Zennström and Janus Friis will take a 14 percent stake in the company they founded and then sold to eBay (EBAY), which will include an undisclosed investment by them.

I reported yesterday that the total was 13 percent–10 percent for the rights to key Skype technology held by the co-founders and the option to invest $83 million for three percent more.

In exchange, the pair will give Skype software essential to its operation and drop their various lawsuits against eBay and Skype’s buyers.

As for Zennström and Friis’s egregious use of the courts to grab their 14 percent stake in Skype, litigation they waged after losing their bid to buy Skype back from eBay, Andreessen was being very politic.

“We love working with aggressive founders and are in favor of founders being involved in their companies,” he said. “Great founders are not known for being shy and reserved. Look at Bill Gates. It’s not a question of personality, but of accomplishment.”

Noting that he had not worked with the pair before, Andreessen (pictured here) said, “We have a lot of respect for them. We think they’re geniuses.”

But, I queried, would he have used such tactics?

“It’s not a book club, it’s a super-serious, high-stakes game,” said Andreessen. “I don’t know; I’ve not been in the situation they’re in. If your goal in life is to avoid drama, this is probably the wrong industry for you.”

Perhaps, but I told him that I doubted even a battle-hardened entrepreneur like Andreessen would use the courts in such a manner to achieve business goals.

To each his own, said Andreessen!

“One of our investing mottos is that we invest in strength, not lack of weakness,” he said. “The question is how big is the opportunity.”

And, apparently, it is big enough to overlook all the drama that has gone on.

Andreessen said he expects to be more involved at Skype–which, with his $50 million investment, is the biggest deal in his $300 million fund–than other board members, noting different directors have different roles.

It’s a big board of 23, as I had previously reported. Zennström and Friis are each getting a seat.

“We are going to be helpful,” Andreessen said about his fund’s role at Skype. “We’re a company picker, looking for those that have the greatest potential.”

Andreessen, ever the diplomat, made sure to add that that also means doing business with Index, the member of his Skype consortium that departed as Friis and Zennström (pictured here) entered, due to stark tensions between the two sides.

“I have a lot of respect for [Index partners Danny Rimer and Mike Volpi] and expect to work with them a lot in the future,” said Andreessen. “In fact, I am talking to them today about two other deals.”

In other words, in Silicon Valley, the big wheel just keeps on turning.

The fight for Skype has ended. After weeks of nasty legal sparring, the Internet telephony service’s founders agreed to join the investor group purchasing it from EBay (EBAY) and dropped the lawsuit that had threatened to bollocks the deal.

“Skype will be well positioned to move forward under new owners with ownership and control over its core technology,” said eBay chief executive John Donahoe in a statement. “We look forward to closing the deal and focusing on growing our core e-commerce and payments businesses.”

Under the terms of the agreement, Skype founders Niklas Zennström and Janus Friis will take a 14 percent stake in the company they founded and then sold to eBay, which will include an investment by them.

BoomTown’s Kara Swisher reported yesterday that the total was 13 percent–10 percent for the rights to key Skype technology held by the founders and the option to invest $83 million for three percent more.

In exchange, the pair will give Skype software essential to its operation and drop their various lawsuits against eBay and Skype buyers.

Interestingly, Index Ventures, which helped orchestrate the deal, is leaving the consortium of investors taking a majority stake in the company–as BoomTown reported earlier this week. Index partner Michelangelo Volpi, a former employee of Skype’s founders, had been at the center of one the suits that threatened to ruin the deal. Said Index partner Danny Rimer: “The deal terms changed for Index such that it no longer matches our investment criteria and thus we have decided not to participate in the transaction.”

PREVIOUSLY:

• Volpi and Index Ventures Out of Skype Deal, the Lawsuit-Happy Founder Twins In
• I Love the Smell of Settlement in the Morning: Skype Founders Set to Get 10 Percent, Option to Buy Three Percent More and Two Board Seats
• Volpi and Index Smack Back at Skype Founders With Motion to Dismiss (Plus Filings!)
• When Entrepreneurs Attack! All 10 New Skype Lawsuit Filings!
• Dueling Skype Sides Hire Big Communications Guns
• Skype Actually a “Voice Over IP Litigation” Service

According to several sources close to the situation, barring any unforeseen delay, a deal to settle the Skype imbroglio is likely to be announced around the time the markets open tomorrow.

[UPDATE: The paperwork is taking longer than expected, so sit tight, said sources.]

While the massive agreement–which will settle three aggressive lawsuits lobbed by Skype co-founders Niklas Zennström and Janus Friis at a wide range of prominent Silicon Valley players–is not yet officially signed, sources said lawyers are apparently putting the finishing touches on the paperwork and have signature papers completed by both sides to be able to wrap it up quickly.

So, while nothing is ever over until it is over, it looks like it is over.

Sources also said that as part of the deal to end the legal madness, Zennström and Friis will get 10 percent of Skype back for rights to key software technology they control, an option to pay $83 million for another three percent of the Internet telephony service and two seats on the 23-member board.

Also, BoomTown has learned that a partridge in a pear tree will be thrown in to guarantee a lasting peace.

All kidding aside, the settlement is proof that squeaky wheels–especially if they hire the combative litigators of Skadden Arps–get the grease.

As has been previously reported, one of the investors in the consortium that won the bidding to buy 65 percent of Skype from eBay (EBAY)–which itself had bought it in 2005 from Zennström and Friis–has withdrawn its investment and involvement as part of the settlement.

That would be London-based Index Ventures, which was a smaller player in the group with–ironically–a three percent stake.

Nonetheless, Index had an outsized fight going on with Zennström and Friis.

That’s due to their ire, aimed at Index’s Mike Volpi, who was CEO of Joost, the failed online video site the pair founded.

After Zennström and Friis lost their own bid to buy back Skype, they quickly sued Index and Volpi via tech companies they control, Joltid and Joost, in Delaware.

The pair alleged that Volpi used confidential information gleaned from his time as Joost CEO to unfairly help the winning consortium acquire Skype.

The lawsuit was particularly vindictive, using embarrassing emails and making pointed accusations about Volpi plotting all kinds of nefarious schemes, like Lady Macbeth on steroids, on his way out of Joost.

I am not sure what law one can break for wanting to leave a job or how much damage one can do to an already failing business, but that did not stop Zennström and Friis from trying to pin some specious accusations on Volpi.

(I wouldn’t have been surprised if they had accused Volpi of being responsible for Balloon Boy.)

But such legal attacks obviously worked, making Index loath to stay in an economically less attractive deal with lessened influence over Skype.

And eBay and the other investors obviously wanted closure, so they could get on with the work of turbocharging Skype.

The fighting between Index and the Skype founders was just one part of the legal morass.

Zennström and Friis had already been in a battle over software licensing issues with eBay in London courts.

They also filed suit again in California against Skype and eBay for copyright violations.

For good measure, the pair added the winning buyout group, including Index, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board, in that lawsuit.

(In legalese–and in honor of the Yankees winning the World Series tonight–such massive lawsuit-making is called covering all your bases!)

Of course, Volpi and Index fired back in court filings and both sides armed themselves with powerful PR guns.

Presumably, those same mouthpieces–who have been slagging the other side for weeks–will now be at the ready with honeyed tales of reconciliation tomorrow.

Call me cynical, but we’ll see how long that lasts.

“[Zennström and Friis] got what they wanted by using Volpi as a pawn and the lawsuits as a club,” said one person close to the situation. “Everyone is moving on, but not everyone is going to forget what they did to get what they wanted.”

According to sources close to the situation, Index Ventures and Michelangelo Volpi are out of the deal to buy Skype–and their lawsuit-loving nemeses, the founders of the Internet telephony service, are in.

Skype founders Niklas Zennström and Janus Friis had sued Index and partner Michelangelo Volpi via tech companies they control, Joltid and Joost.

The pair had already been in a legal battle over software licensing issues with eBay (EBAY), the company that had sold Skype to in 2005.

They then accused Index and Volpi, employing a reputation-bashing style, of using confidential information as part of a consortium bid to acquire a large chunk of Skype.

Volpi had been Joost’s CEO.

Volpi and Index fired back in court filings and both sides armed themselves with powerful PR guns.

Ironically, Index was only a small part of the group that won the deal to acquire Skype from eBay recently.

News of the serious settlement talks was reported earlier this week by GigaOm’s Om Malik.

The New York Times’s Brad Stone also added significantly to the story about the settlement today, noting the Skype founders would be getting a stake and that Index “is most likely withdrawing from the deal.”

Well, most likely now means certainly for Index, sources told me, and the London-based venture firm that bid for Skype has to bid that deal goodbye.

More details to come, but it’s sure proof that the legal system, such as it was used, works.

The legal high jinks in the contentious battle over the fate of Skype got worse this afternoon, as former Joost CEO Michelangelo Volpi and Index Ventures filed a motion to dismiss a lawsuit brought by the founders of Skype–Niklas Zennström and Janus Friis, via Joost and Joltid–against them.

It’s yet another chess move among a group of well-known tech players, who used to work together closely and are now at odds.

In a filing in the U.S. District Court in Delaware, Volpi and the London-based Index–where Volpi now works–noted, referring to a bid Zennström and Friis made to regain control of Skype, which they sold to eBay (EBAY) years ago:

“Instead of accepting the fact that their bid failed in the marketplace, Friis and Zennström are now using inflammatory and highly-charged litigation–through companies that have no relationship to the Skype purchase–to try to achieve their personal business goals.”

A spokesman for Joost and Joltid did not agree with Volpi’s assessment:

“Mr. Volpi’s latest motion appears to have been prepared prior to Defendants receiving Plaintiffs’ Motion for Preliminary Injunction, which is filled with evidence supporting Plaintiffs’ claims. In light of this strong showing of substantive evidence, much of it from Mr. Volpi’s own correspondence, there is no basis for Mr. Volpi’s assertion that Plaintiffs have somehow failed to state a claim upon which relief can be granted.”

Index was a small player within a group that won Skype, putting in $75 million, in a $2 billion deal that is set to close in the next few weeks.

The motion to dismiss the filing is not surprising given that Joost and Joltid filed a motion for preliminary injunction against Volpi and Index yesterday.

They are asking that he not use knowledge or confidential information he got at the video start-up in current dealings with Skype.

To complicate things further, the innovative and entrepreneurial pair also own a company called Joltid, which has licensed key technology for Skype to eBay.

Joltid and eBay have already been fighting in court over that agreement, bickering back and forth about whether eBay violated the terms of that deal or not.

Via Joltid, Zennström and Friis also filed suit again against Skype and its owner, eBay, for copyright violations in the U.S.

For good measure, they added the winning buyout group, including Index, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board.

And both Joltid and Joost have also sued Volpi personally, as well as Index, making serious allegations about his behavior as Joost CEO.

Here are several key legal filings to peruse, for all you “Law & Order” types:

Motion to Dismiss _00302105_ –

Opposition to Motion For Expedition _00302104_ –

Volpi Opening Brief 10.15.09 _00302101_ –

Perhaps the sides in the ever-escalating war over the Skype deal will work out their differences and settle–which is what should and probably will eventually happen after everyone realizes how stupid all this noisy legal wrangling over the Internet telephony giant is.

But that day is decidedly not today, given a pair of recent PR hires by parties involved.

The founders of Skype, via the two tech companies they control, Joost and Joltid, have hired Sitrick & Company, headquartered in Los Angeles, while Index Ventures has tapped Joele Frank, Wilkinson Brimmer Katcher, based in New York.

Both strategic communications and public relations firms are well known for employing some very sharp elbows and extremely tough talk when it is time for some creative corporate crisis management.

And both are familiar with tech issues, having worked on contentious issues related to companies such as Microsoft (MSFT), Yahoo (YHOO), CBS (CBS) online unit CNET, and others.

And there is plenty of bad blood to work with here.

Yesterday, in yet another legal volley, Joost and Joltid filed a motion for preliminary injunction against former Joost CEO Michelangelo Volpi and Index Ventures, where Volpi now works as a partner.

They are asking that he not use knowledge or confidential information he got at the video start-up in current dealings with Skype.

Legal attacks have become the negotiating tool of choice from the founders of Skype, Niklas Zennström and Janus Friis, who were on the losing side of the $2 billion deal to buy the Internet telephony giant from eBay (EBAY).

Volpi is now a partner at London-based Index, which was one of the smaller players on the winning side of the bid, putting up $75 million.

To complicate things further, the innovative and entrepreneurial pair also own a company called Joltid, which has licensed key technology for Skype to eBay.

Joltid and eBay have already been fighting in court over that agreement, bickering back and forth about whether eBay violated the terms of that deal or not.

Via Joltid, Zennström and Friis also filed suit again against Skype and its owner, eBay, for copyright violations in the U.S.

For good measure, they added the winning buyout group, including Index, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board.

And both Joltid and Joost have also sued Volpi personally, as well as Index, making serious allegations about his behavior as Joost CEO.

This kind of mud-slinging could get even worse with the hiring of big PR firms.

Along with Frank and Sitrick, by the way, Silver Lake–which is the big player on the winning side–has hired Edelman’s crisis and issues management team.

Interestingly, several sources said, the various players have also been engaged in settlement talks, even as the lawsuits have piled up.

Coming to some agreement is clearly the best outcome, although it does not appear that the spate of lawsuits has yet derailed the eBay deal with the Silver Lake-led group, which could even close in the next several weeks.

“Everyone should be thinking ahead of the headlights,” said one source. “But right now, it seems to be all about emotions.”

Earlier today, Joost and Joltid attacked!

The pair of companies, which are controlled by Skype co-founders Niklas Zennström and Janus Friis, filed a motion for preliminary injunction against former Joost CEO Michelangelo Volpi and Index Ventures, where Volpi now works as a partner, asking that he not use knowledge or confidential information he got at the video start-up in current dealings with Skype.

It’s the latest volley in an ever-escalating battle over the Internet telephony giant, which also involves eBay (EBAY).

As a public service to all readers who really have nothing else to do, here are the 10 filings related to this latest legal maneuver:

PI Brief – PUBLIC –

Motion To Expedite –

Motion To File Under Seal –

Proposed Order To Expedite –

Proposed Order To File Under Seal –

Exhibits 1-20 to Declaration of S. Dargitz In Support of PI – PUBLIC –

Declaration of S. Dargitz In Support of PI – PUBLIC –

Declaration of Justin Erenkrantz In Support of PI –

Declaration of Janus Friis Degnbol In Support of PI –

Declaration of Owen O’Donnell In Support of PI –

Joost and Joltid filed a motion for preliminary injunction against former Joost CEO Michelangelo Volpi and Index Ventures, where Volpi now works as a partner, asking that he not use knowledge or confidential information he got at the video start-up in current dealings with Skype.

The move is yet another legal attack from the founders of Skype, who were on the losing side of the $2 billion deal to buy the Internet telephony giant from eBay (EBAY).

Opening the “Memorandum of Points and Authorities in Support of Plaintiff’s Motion for Preliminary Injunction,” which is shown below and is full of tough allegations about Volpi’s misbehavior:

“This action arises out of the acts of a faithless fiduciary, defendant Michelangelo Volpi, who, despite being the chief executive and Chairman of Joost, embarked on a systematic scheme to breach his fiduciary duties and promote his own self-aggrandizing campaign to become the next chairman of internet telephony leader Skype Inc.”

Volpi, who declined comment for now, was CEO of Joost, arriving at the much-hyped online video start-up to great fanfare in mid-2007.

But the London-based Joost never quite caught fire and began layoffs and contraction this summer.

As part of that development, Volpi then went to Index Ventures, a venture firm also based in London.

And, in one of Volpi’s first deals, Index was one of the smaller players on the winning side of the bid to buy Skype, putting up $75 million.

But also vying for the prize were the Internet telephony service’s founders, Niklas Zennström and Janus Friis, who had hooked up with a group of private equity investors.

To complicate things further, the innovative and entrepreneurial pair also own a company called Joltid, which has licensed key technology for Skype to eBay.

Joltid and eBay have been fighting in court over that agreement, bickering back and forth about whether eBay violated the terms of that deal or not.

Via Joltid, Zennström and Friis also filed suit again against Skype and its owner, eBay, for copyright violations in the U.S.

For good measure, they also added the winning buyout group, including Index, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board.

And both Joltid and Joost–aka Zennström and Friis–also sued Volpi personally, as well as Index again.

They allege tech skullduggery on Volpi’s part, in which he used confidential information he learned at Joost to thwart Joltid.

UPDATE: Here is the press release, with the official filing below:

Joost and Joltid File Motion for Preliminary Injunction Against Michelangelo Volpi

And Index Ventures Management, Seeking to Prevent Their Use of Confidential Information In Connection With the Acquisition or Management of Skype

Wilmington, DE (Oct. 14, 2009)–Joost US, Inc., its indirect parent company Joost N.V., and Joltid Limited today filed a Motion for Preliminary Injunction against Michelangelo Volpi and Index Ventures Management in the United States District Court for the District of Delaware. In support of the Motion, the plaintiffs also filed a Memorandum of Points and Authorities containing facts and legal arguments, witness declarations and other evidence.

The Motion for Preliminary Injunction asks the Court to enjoin Index and Volpi from using any of Joost’s and Joltid’s confidential information regarding (among other things) the Global Index Software, the technology developed and owned by Joltid that provides the peer-to-peer capability embedded in the Skype program. The Motion also asks the Court to enjoin the defendants from: (i) using the confidential information in connection with the operation or strategic planning of Skype; (ii) communicating such information to other parties in the “Buyout Group” that has made a bid to acquire Skype from eBay Inc.; (iii) soliciting employees of Joost and Joltid with offers to join Skype; (iv) having communications with current or former employees of Joost or Joltid regarding the companies’ confidential information; and (v) further participating in the Skype acquisition or assuming any position with Skype until a final adjudication of the merits of the case.

The Motion for Preliminary Injunction, Memorandum of Points and Authorities, and supporting declarations are available on the internet at https://www.lexisnexis.com/fileandserve. The case name is Joost US Inc. et al v. Volpi et al and the Case Number is 1:09-cv-708.

The plaintiffs filed a lawsuit against the defendants on September 18, 2009, alleging breach of fiduciary duty against Volpi, aiding and abetting breach of fiduciary duty against Index, interference with prospective business advantage, misappropriation of trade secrets, breach of contract against Index, breach of confidence, and civil conspiracy. The Motion for Preliminary Injunction seeks interim relief until the lawsuit can be completed.

And here is the key filing, one of 10 in the case:

PI Brief – PUBLIC –

Geekfighting may never become its own UFC event, but following tech news this week seemed, in places, like a view to a big, well-funded cage match. Things got so rowdy that Kara Swisher could hear them all the way across “The Pond.”

Before heading off on her tour of Euro-BoomTown this week, Kara set off for Carlsbad, Calif. to visit with Warren Buffet and the ladies of Fortune. Après Buffet, readers were treated to an exclusive interview, Kara-style, with Loïc Le Meur, Seesmic founder and namesake of the Web’s cutest logo. Kara wasn’t just visiting Europe for some cute overload, though. She wired back a report on the Oxford Social Media Convention, where she spoke on social media’s effect on business. Kara rounded out her week with rowdiness and the legal tantrums of Skype founders Zennström and Friis.

Closer to home, Digital Daily covered the media battle between Apple (AAPL) and Google (GOOG), which recalls a shoving match between the prom king and the captain of the football team. Apple continued to insist that it was still “studying” the proposed Google Voice app for iPhone, while Google insisted that it had already been rejected. It’s tough being the popular kids.

Between the smartphone scuffles, Palm CEO Jon Rubinstein was urging everyone to play nice, even as Palm still may have to fight for survival.

The Silicon Valley malevolence even spread to Gotham early in the week. MediaMemo got the backstory on how the New York Times was hacked into spreading malware to its Web visitors. The explanation: It sold an ad to hackers, who posed as mild-mannered VOIP client Vonage (VG) to make the purchase. Meanwhile in a related–or not–story, Microsoft is seeking and suing some mystery malvertisers who perpetrated a similar scheme with ads sold by the software giant. Whether it is a growing trend or a few overachieving hackers, it was a tough week in ad land.

Amid all the kneecapping and eye-gouging, all things Mossberg was a helpful calm in the storm. Walt liked the new features in iTunes 9 and found it uncluttered, easier to use and more intelligent than its predecessor. Also among the hits were upgraded management and improved content-sharing.

Mossberg’s Mailbox was stuffed full of sage advice about online backup as the kids go of to college, compression and the vinyl vs. digital dilemma, and some on-target advice for the family genealogist making the switch from PC to Mac.

The Mossberg Solution delved deeper into email mastery with some unmissable tips and tricks for Microsoft Outlook users. Katie made an industry standard better, and even gave readers a peek into some coming attractions for Outlook 2010.

Tune in next week. We’ll keep bringing you the blow by blow ’til the final bell.

Is it just me or is it completely ironic that a pair of European entrepreneurs kept out of the United States due to tantrum lawsuits from the music industry are stamping their own legal feet like two ill-tempered toddlers of late?

That would be Niklas Zennström and Janus Friis, who today filed yet another lawsuit in their seemingly never-ending quest to win in court what they couldn’t in business dealmaking.

Today, via a new lawsuit, they are following through on their recent attempt to smear former Joost CEO Michelangelo Volpi.

Zennström and Friis co-founded Joost, you see, and last week were part of dumping him as a director and as its chairman, a job Volpi had retained when he left his top job at Joost to join Index Ventures in July.

Not satisfied with that, Joost also said then in an astonishing statement: “The company and its board of directors is conducting an investigation into Mr. Volpi’s actions during his tenure as CEO and as chairman.”

Of course, it is all part of the pair being on the very-sore-losing side of the $2 billion deal to buy Skype from eBay (EBAY).

Zennström and Friis got very rich selling the Internet telephony service to eBay in 2005.

This year, they turned around and tried to buy it back, hooking up with a group of private-equity investors.

Both Google (GOOG) and Microsoft (MSFT) also considered bids, and dropped out for various reasons.

And so did Volpi, in one of his first deals at Index–and the London-based venture firm was one of the smaller players on the winning side of the deal to buy Skype, putting up $75 million.

To complicate things further, Zennström and Friis also own a company called Joltid, which has licensed key technology for Skype to eBay.

Joltid and eBay have already been fighting in a British court over that agreement, bickering back and forth about whether eBay violated the terms of that deal or not.

Earlier this week, via Joltid, Zennström and Friis also filed suit again against Skype and its owner, eBay, for copyright violations in the U.S.

For good measure, they also added the winning buyout group, including Silver Lake Partners, Index, Andreessen Horowitz and the Canada Pension Plan Investment Board.

Did I forget to mention that lawsuit-happy Zennström and Friis also sued the investment banker who represented them in the original Skype sale?

So, it comes as no shock that both Joltid and Joost–aka Zennström and Friis–announced yesterday that they are suing Volpi personally, as well as Index again.

They allege tech skullduggery on Volpi’s part, in which he used confidential information he learned at Joost to thwart Joltid.

Evidence and proof–on first blush–seem to have little to do with this and ire at losing a deal and trying to gain leverage for a settlement seem to be the true game.

And what their next legal move might be is anybody’s guess.

But you get the idea here, don’t you?

Revenge is a dish best served cold–except, of course, when one decides to serve it piping hot.

And that’s just what part of one of the losing sides of the $2 billion deal to buy Skype from eBay (EBAY) is doing in an unusual attack on Michelangelo Volpi, a well-known tech exec in Silicon Valley.

You see, until recently, Volpi was CEO of Joost, arriving at the much-hyped online video start-up to great fanfare in mid-2007.

But the London-based Joost never quite caught fire and began layoffs and contraction this summer.

As part of that development, Volpi then went to Index Ventures, a venture firm also based in London.

And, in one of Volpi’s first deals, Index was one of the smaller players on the winning side of the deal to buy Skype, putting up $75 million.

But also vying for the prize were the Internet telephony service’s founders, Niklas Zennström and Janus Friis, who had hooked up with a group of private equity investors.

To complicate things further, the innovative and entrepreneurial pair also own a company called Joltid, which has licensed key technology for Skype to eBay.

It gets better! Joltid and eBay have been fighting in court over that agreement, bickering back and forth about whether eBay violated the terms of that deal or not.

Finally, in the past few days, in what is obviously a related move, Joost said that it had dumped Volpi as a director and as chairman, a job he had retained when he left for Index in July.

Said the company in a statement:

“Mr. Volpi was removed from the board of directors and from his position as chairman of Joost by shareholder vote. The company and its board of directors is conducting an investigation into Mr. Volpi’s actions during his tenure as CEO and as chairman.”

Volpi had no comment.

BoomTown does: It looks like a lame attempt at kneecapping him to me, as part of a larger rumble!

But, for many, this comes as a surprise, since it had been thought that Volpi–a former dealmaker with Cisco (CSCO)–would play the role of a peacemaker in the eBay-Joltid fighting.

Actually, according to numerous sources, Volpi had also struggled with Zennström and Friis when he ran Joost, and there is no love lost among them.

In fact, here’s a glimpse of that tension in a video interview BoomTown did with Volpi a year ago in London, when I visited its office there.

It took place just after Joost was forced to rejigger itself to gain momentum (which never happened).

“Restarting a start-up is definitely not easy,” said Volpi in the interview.

As it turned out, that was the least of his worries.

Here’s the video:

And now this: eBay’s plans to spin off Skype next year are being threatened by a legal dispute over the telephony service’s underlying technology.

In a 10-Q regulatory filing Thursday, the online auctioneer said it is developing an alternative to that technology, which it licenses from Joltid, a company run by Skype co-founders Niklas Zennstrom and Janus Friis, but there is no guarantee of success. And if it fails in that effort and its legal dispute with Joltid drags on, eBay could be forced to shutter Skype.

“Although Skype is confident of its legal position, as with any litigation, there is the possibility of an adverse result if the matter is not resolved through negotiation,” the company said. “Skype has begun to develop alternative software to that licensed through Joltid. However, such software development may not be successful, may result in loss of functionality or customers even if successful, and will in any event be expensive. If Skype was to lose the right to use the Joltid software as the result of the litigation, and if alternative software was not available, Skype would be severely and adversely affected and the continued operation of Skype’s business as currently conducted would likely not be possible.”

That doesn’t bode well for eBay’s plans to take Skype public in the first half of 2010. Though the company insists its plans to separate the telephony service have not changed, it’s clear that eBay (EBAY) must resolve these issues before moving ahead.

Certainly, it will be difficult to gin up investor interest in an IPO for a disabled service run by a company that spent billions of dollars to purchase it and failed to secure its underlying technology.

And now this: eBay’s plans to spin off Skype next year are being threatened by a legal dispute over the telephony service’s underlying technology.

In a 10-Q regulatory filing Thursday, the online auctioneer said it is developing an alternative to that technology, which it licenses from Joltid, a company run by Skype co-founders Niklas Zennstrom and Janus Friis, but there is no guarantee of success. And if it fails in that effort and its legal dispute with Joltid drags on, eBay could be forced to shutter Skype.

“Although Skype is confident of its legal position, as with any litigation, there is the possibility of an adverse result if the matter is not resolved through negotiation,” the company said. “Skype has begun to develop alternative software to that licensed through Joltid. However, such software development may not be successful, may result in loss of functionality or customers even if successful, and will in any event be expensive. If Skype was to lose the right to use the Joltid software as the result of the litigation, and if alternative software was not available, Skype would be severely and adversely affected and the continued operation of Skype’s business as currently conducted would likely not be possible.”

That doesn’t bode well for eBay’s plans to take Skype public in the first half of 2010. Though the company insists its plans to separate the telephony service have not changed, it’s clear that eBay (EBAY) must resolve these issues before moving ahead.

Certainly, it will be difficult to gin up investor interest in an IPO for a disabled service run by a company that spent billions of dollars to purchase it and failed to secure its underlying technology.

And no, this isn’t a blog post from 2006.

A group including KKR, Warburg Pincus, Providence and Elevation Partners recently teamed up to back the founders of Skype in an attempt to buy back their free Internet calling service from eBay (EBAY), according to people familiar with the bid.

Founders Niklas Zennstrom and Janus Friis originally approached eBay about repurchasing Skype, which acquired the service for $2.6 billion in 2005. eBay encouraged them to make an offer, and the Scandinavian billionaires rounded up a group of private-equity firms to back them, the person familiar with the bid said.

Read the rest of this post

BoomTown always enjoys chatting with the always sunny Loïc Le Meur of Seesmic (and will, in fact, be appearing at his Paris-based digital conference in December, called Le Web).

But I am not quite sure what to make of his big, happy smile that was in this picture above (click in the image to make it larger), which went with a story in the New York Times about start-ups cutting costs.

In fact, the whole Seesmic crew is grinning awfully hard, putting a very game face on recent layoffs that cut the staff at the video blog service by more than a third.

Money–or, more accurately, non-money–quote from the Times piece:

“To preserve cash, many tech start-ups are rushing to lay off employees and cut expenses. They are shelving their dreams of Google-size riches and getting small, humble and thrifty, all with the more modest goal of surviving the coming economic winter.”

In a less puritan mode, Seesmic raised $6 million in May from a bunch of high-profile angels, of $12 million total.

They include LinkedIn’s Reid Hoffman, former AOL head Steve Case, SoftTech VC Jeff Clavier, entrepreneur Mark Pincus, former Goldman Sachs analyst Michael Parekh, entrepreneur Ariel Poler, investor Ron Conway, FON founder Martin Varsavsky and an investment group called Atomico founded by Skype founders Niklas Zennström and Janus Friis. Tech bloggers Jeff Pulver, Michael Arrington and Dan Gillmor have also invested.

Now, Le Meur is trying to stretch his dollars in the economic downturn, spurred by venture capitalists who have been pressing entrepreneurs like him to do so.

“If I can’t make this work in three years it will be a failure,” Mr. Le Meur said to the Times. “If I can and I get through this, it will be much stronger.”

In other words, what doesn’t kill us …

C’est la vie in Silicon Valley!

But in more bon-vivant times, back in February, I did a video post on my happier visit to Seesmic’s San Francisco HQ.

(Note: Many in the video are no longer at Seesmic and neither are the shows discussed, as well as the now-defunct Web 2.0 sentiments about growth without revenue.)

Here’s the video:

Image Credit: Jim Wilson/New York Times

Well, here’s a good reason not to write off Joost quite yet: When the London-based company officially debuts its new Web-based service in mid-October, it will have some pretty hot content with its half-dozen seasons of the former NBC hit, “Friends.”

Also, there will finally be no more irksome plug-ins.

In other words, anyone with an Internet connection can watch streaming television shows and movies on Joost, with advertising embedded in various forms.

There will also be social-networking elements–you can see what your friends watch and form groups, make comments with cool tools and the rest of that sort of thing.

While all this is not going to make up for the lost time the online video service has wasted with its annoying P2P-based desktop client download, going to a Web-based, all-Flash service with more robust content is certainly the right way to stop rival service Hulu from continuing to clean Joost’s clock.

Joost was first out of the gate last year with a giant slug of funding, fancy founders (Janus Friis and Niklas Zennström, who were also founders of Web phenoms Skype and Kazaa) and blue-chip investors (Sequoia Capital, Index Ventures, as well as CBS, Viacom and wealthy Hong Kong investor Li Ka-shing).

In any case, Hulu quickly grabbed the lead in terms of press praise (I ate my words even!), ease-of-use and, most importantly, user numbers.

In the most recent stats, for example, Hulu had more than 100 million monthly video streams and 3.3 million unique monthly visitors. (But since Joost has just soft-launched its new Web-only service, it’s hard to make comparisons just yet, although the competition is now clearly afoot!)

And, although it has been written off by some, I do not think it is too late for Joost.

First, it is still early in the premium online video game.

Second, success will depend on having increasing amounts of quality content. And Joost–with CBS, Warner Bros., Sony and other unusual content like anime–certainly can keep up with Hulu’s programs from its partner parents, News Corp. (News Corp. is the owner of Dow Jones and this Web site) and NBC Universal.

Lastly, despite decent consumer uptake, the business is still in its nascent popcorn-stand stage of revenue and profit generation.

And while spending too much money and having too many employees did not help Joost, it seems as though CEO Mike Volpi has finally gotten control of the start-up beast.

Thus, while in London this week, I stopped in at the offices of Joost (near the famed King’s Cross train station, where, of course–to no avail–I tried to make it through the wall at Platform 9 3/4!) to chat with Volpi about all the changes at the much-hyped company.

Here’s a longish video, in which the always-well-turned-out former Cisco exec talks about all that and more:

OK, you might attribute it to being super-bored in the holiday doldrums. But, for some reason I cannot explain, I find myself strangely drawn to the videos being made about the start-up of Seesmic, the new video-sharing service that is being created by European entrepreneur Loïc Le Meur.

Up on his own loic.tv channel on YouTube, everything from checking out the company digs to working on a logo to hiring are on display, and Le Meur encourages community comments about the company’s direction. The videos are currently up to Day 57.

It’s a shameless gimmick, to be sure, but Le Meur’s French accent grows on you, and it is an interesting way to market your company, for certain (AllThingsD.com and D: All Things Digital only did one staff BBQ and Rodeo video, which is seen below).

While Seesmic is described in a lot of ways–video Twitter, video social network, video sharing tool are some examples–Seesmic’s obviously practicing what it preaches here: video blabbing that is often compelling.

(Here is a screen shot of what Seesmic looks like, which you can click on to make bigger.)

To get it all going, Le Meur (who also organizes the Le Web conference in Paris, which just took place) got a bunch of high-profile angels like former AOL head Steve Case, investor Ron Conway, FON founder Martin Varsavsky and Skype founders Niklas Zennström and Janus Friis, as well as many others, to pony up millions for Seesmic’s funding.

He and his family moved to San Francisco this past summer, and he has been ferreting away ever since on the service, which will officially debut in early spring of 2008.

Here’s Seesmic’s latest, a what-are-you-doing-for-the-holidays video of its employees:

Then again, I also kind of like the flip side–the mostly hysterical, sometimes line-crossing attack review of Seesmic by Loren Feldman of 1938 Media. Actually, although Feldman trashes Le Meur’s effort, it is just the kind of thing that would probably make Seesmic the very lively place it needs to be.

Here’s Feldman:

And here’s the video of our ATD/D BBQ and Rodeo, which focuses a lot on the marinated lamb:

Pictured here, the 40-year-old longtime tech exec is a nice choice to run the moderately hyped online video television site.

But I will admit it–I have not been gung-ho on the prospect of Joost–which I have called a potentially “messy control freak of a service.”

I was teasing, of course, but do have doubts about the company–founded by the well-known geek duo Janus Friis and Niklas Zennström–as being too closed and destination oriented, as well as playing in a very crowded field.

In addition, Joost needs massive amounts of cooperation from the very restrictive mandarins of Hollywood. And we all know the amount of leadership they have brought as all content has gone digital–some sum much less than zero.

By the way, Friis and Zennström are the pair who disrupted the phone industry with Skype and also created the controversial peer-to-peer file-sharing service Kazaa, used by many to illegally download–yes–copyrighted entertainment content.

But now in the age of fear and loathing in Hollywood for Google-owned YouTube comes Joost, which aims to deliver a TV experience on the Web with high-quality professional content by using a special player you download. It is free, supported by advertising.

To do this, Joost nabbed $45 million in funding in May from Silicon Valley’s famed Sequoia Capital (backers of Yahoo, YouTube and Google, among others) and early Skype funder Index Ventures, as well as CBS, Viacom and the wealthy Hong Kong investor Li Ka-shing.

It has struck deals to offer content, using a peer-to-peer technology distribution system, from CBS, as well as Turner and Warner Bros. and Sony. It has also picked up a slate of big-time advertisers like Coca-Cola. Also, unlike television, it also gives users a bunch of interactive options like instant messaging while viewing and news feeds.

So far, Hollywood likes Joost because, hmm, it’s not copyright-defying YouTube.

But the start-up is not alone. For example, NBC Universal and News Corp. will soon launch a new Web video service called Hulu, in a reported $100 million effort. Also, there’s Veoh, backed by former Hollywood bigwigs Michael Eisner and, recently, Tom Freston.

(At least Joost has this going for it–not such a dopey name as those two! In fact, I like the name a lot.)

And it seems as if a new video site pops up constantly, as every traditional content provider tries to figure out a strategy, even as less cooperative techies like YouTube and Apple’s iTunes grow ever more popular.

So what better place to interview Volpi, a longtime Cisco exec (who was considered the heir apparent to CEO and Chairman John Chambers), than on the trendy Asia de Cuba patio at the Mondrian Hotel on Sunset Strip.

While Volpi has the tech cred, he is also pretty smooth for Silicon Valley, possessing a bit of Hollywood style and looking hipper than your average nerd (it’s obviously due to his Italian-born roots).

Well-liked and respected in the tech industry, the mechanical engineering grad from Stanford was raised in Japan, where his journalist mother covered a wide range of issues.

Yesterday in Los Angeles to make the rounds at the studios, trying to explain what Joost will do for them, Volpi talked with me about everything from Joost’s prospects to widgetmania to how you create great online content.

He also insulted me, calling me hyped (that’s the digital pot calling the Web kettle black!).

Here’s the first video with the second posted here:

Please see this disclosure related to me and Google.

(You can just imagine a big Hollywood muckety-muck telling his lowly recent college grad of an assistant to go to the party, because “we gotta be up on this digital stuff you young people like.”)

It was an interesting party for me for a lot of reasons, some of which had nothing to do with Joost, but mostly because it represents yet another foray into Hollywood for the Internet Story, The Sequel. (Also see the video after the jump.)

In the last go-round, there were all sorts of empty alliances struck between techies and the entertainment industry that went precisely nowhere–or as they say here, into perpetual turnaround.

But with broadband penetration improving significantly and the explosion of video on the Web, the best example being the spectacular growth of YouTube, a new dance has begun.

And because Hollywood is terrified of YouTube, and its owner, Google, alternatively scared, intrigued and indignant over copyright issues, the entrance of Joost, an online video platform for the distribution of professional content on the Web, could be just what the industry is looking for. Joost is counting on that compelling content to sell advertising on the site.

It’s funny, of course, that Hollywood is embracing a company founded by the same duo–Janus Friis and Niklas Zennström–who disrupted the phone industry with its Skype service and created the controversial peer-to-peer file-sharing service Kazaa, used by many to illegally download–yes–copyrighted entertainment content.

But now, of course, if you aren’t YouTube, you are a friend.

And Joost did not disappoint. Newly installed and perpetually smooth CEO Mike Volpi, a longtime Cisco executive pictured here, was there to assuage the worries and try to encourage content creators to think of Joost as a partner.

It was well received, too–some there were discussing the benefits of porting existing content from television onto Joost, while several people I talked to were working on all kinds of original new content, such as one person I know working with a group making cutting-edge Web videos about the business and machinations of Hollywood.

Here is another excellent piece about the event by Fortune’s most excellent Adam Lashinsky.

And here’s a video I did from the party, with a bit of touring of television history and a bit of the party and a bit of Volpi in action:

Please see this disclosure related to me and YouTube (owned by Google).