TechCrunch reported that a group of venture capital and private equity firms are joining forces in an effort to acquire Skype, a software application and service that enables video and voice calls, instant messaging and file sharing.

In 2005, eBay purchased Skype, but made a huge mistake in the terms of the deal by failing to acquire ownership of the software that defines Skype.  Instead, eBay licensed the software from Joltid Limited, a company owned by Skype’s founders.  This mistake continues to haunt eBay, who now finds itself in a legal battle over the software licensing, which I covered earlier this month.

Could Skype’s Founders be Behind the Investors?

TechCrunch and The New York Times both reported in April that Niklas Zennstrom and Janus Friis, the founders of Skype, had approached several private equity firms in an effort to buy back Skype.  Any sensible acquisition would require the founders’ involvement, either directly or indirectly.  Their direct involvement, as investors and partners in an acquisition, would bring ownership of the company and software license back under the same umbrella.  An indirect involvement would also make sense, where investors would negotiate separately with eBay to acquire the company and Skype’s founders for more or full control over the licensed software that drives Skype.  Any other option would leave investors in the same position that eBay finds itself today.

Skype has been a major innovation in communication technology.  Though it has become somewhat stagnant under eBay’s ownership, Skype’s best days could be ahead under new direction.  That is, as long as new investors do not repeat the mistakes of eBay.