* FG seems to have claimed that any relationship they had with TC was in the nature of a "joint venture" and not a partnership. Doesn't matter, says the court: call it what you will, but there are fiduciary duties at play.
* FG claims they couldn't have had a real relationship because TC's Arrington made statements about both parties sharing profits, and both sides bearing its own losses. So what? asks the court: that's part of the definition of a partnership. Not to mention: TC already has shouldered some of FG's expenses.
* FG claims there's no partnership because a TC employee proposed actions that would have put TC in breach. But a "potential breach" (which TC management prevented) doesn't absolve FG of any duties.
* FG claims there couldn't have been a real partnership because TC had threatened to unilaterally dissolve the venture. So what? asks the court: as long as TC lives up to its obligations, it has that right.
* FG claims there's no evidence of co-ownership of the business. And? asks the court. It's the joint venture that created the fiduciary duties, not ownership.
* FG claims that no joint venture could have existed because TC was negotiating to buy FG. Be that as it may, whatever duties FG had to TC in collaborating on the CrunchPad remain.
* Finally, and probably most importantly, and this is worth quoting directly:
Fusion Garage argues that the terms of the parties joint venture were simply too uncertain and unsettled to be enforceable. While it may be true that the parties never reached a meeting of the minds on how the business would operate on an ongoing basis, their cooperative efforts in developing the product were sufficient to give rise to an obligation on both parties' part not to usurp the fruits of those efforts.
In other words, see you in court.
I'm actually not that interested in the TC/FG saga, since I think that product was D.O.A. But I'm very interested in the legal dynamics of joint ventures, because it's not crazy to think I might be involved in another one someday. Food for thought.