Feinberg's analysis appears to be enlightening, but if there was really no contractual obligation to the brothers then Facebook would not be settling.
I believe Feinberg overlooks that a verbal agreement (which can be legally binding) was in place. It may be true that the brothers were too tied up in their rowing to ever meet their end of the deal, but that has no bearing on the case. It certainly wouldn't have been fair, but fair != legal.
Facebook has not much goodwill at stake via this case and could have afforded to take this all the way to court. A settlement here, IMHO, appears to imply that the case wasn't as completely bogus as Feinberg suggests.
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I believe Feinberg overlooks that a verbal agreement (which can be legally binding) was in place. It may be true that the brothers were too tied up in their rowing to ever meet their end of the deal, but that has no bearing on the case. It certainly wouldn't have been fair, but fair != legal.
Facebook has not much goodwill at stake via this case and could have afforded to take this all the way to court. A settlement here, IMHO, appears to imply that the case wasn't as completely bogus as Feinberg suggests.