Miller v. Facebook, Inc. et al
Filing
112
MOTION for Summary Judgment filed by Daniel M. Miller. Motion Hearing set for 4/7/2011 08:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. William Alsup. (Attachments: # 1 Affidavit Declaration of Brian D. Hancock in Support of Plaintiff's Motion for Summary Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H.1, # 10 Exhibit H.2, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Proposed Order Proposed Order Granting Plaintiff's Motion for Summary Judgment)(Hancock, Brian) (Filed on 3/3/2011) Modified on 3/4/2011 (wsn, COURT STAFF).
Miller v. Facebook, Inc. et al
Doc. 112 Att. 13
EXHIBIT K
Dockets.Justia.com
TINITED STATES DISTRICT COURT
NORTHERN
DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
)
DAN]EL M. MILLER,
) )
Plaintiff,
-vsFACEBOOK,
)
)
)
)
NO. CV-L0-264
(WIIA)
INC., and YAO WEI
)
YEO, Defendants.
) )
) )
NOTE: This transcript has been designated by counsel as HIGHLY CONFIDENTIA], - ATTORNEYS' EYES ON]'Y
DEPOSITION OF ALI,ISON GRABLER
Friday, FebruarY 4,
2011
Menlo Park, California
REPORTED
BY:
,JANIS
G.
ANDERSEN, CM, CSR
NO'
3333
Witness: AIi Grabler 1 2 3 4 5 6 '7 g institutes A Q A Q A Q A of higher learning? Ihavenot.
t9
2t4l20ll
.i\nd you are presently employed with Facebook'
Yes.
WhaL
is Your Position?
Associate Manager in User Operations
'
I
am an
How
long have you hefd that position?
company
For about sj-x months, but I've been with Lhe
gforlongerthanLhat.Justthatspecificposition' l-O O f pulled some informalion'
some
ftm just going to try
l_l- speed this up a l_ittle biL.
information about your f believe this is available
1.2 emplolrment hist'ory, MS. Grabler. L3 L4 15 L6
on your Linked fn page- f'l-l
read this into the record and
Okay?
you tel1 me if any of this is incorrecL '
A a
OkaY.
You've been employed at Fasebook as an Associate
L'7 Manager for User Operations since August of 2010' 18 Lg 20 2L 22 A a
Correct. Before that, you were employed as a Team Leader in
User Operations from June 2008 Lo August 2Ol0?
A O
CorrectAnd then before that you were employed as an Analyst
23AssociateinUseroperationsfrom.fanuary2006toJune200S? Analyst to Associate' They were different rofes' A 24 25 O Okay. Thank you'
When were
you employed as an
FREEDOM COURT REPORTTNG (577) 373 3660
Witness: Ali Grabler f
(WHEREUPON
90
2141201.t
Statement of Rights & Responsibilities'
2BatesNoS.057-060wasmarkedPtaintiff'sExhibit1019 g 4 for identificationQ
)
(By Mr. Hancock) The document I've marked
5Plaintiff'sExhibitlolg,isthatFacebook'SStaLementof 6 7 B 9 Rights and ResPonsibil-ities? A It appears to be Facebook's Statement of Rights
-
and
ResPonsibilities Q
In your capacity as
30
(b) (5) representative' does
l0FacebookreguireeveryuserLoagreetoLheseterms,ttrese llstatementsofRightsand'Responsibilities,beforetheycan L2 13 L4 15 a
become
a Facebook user?
MR- AVALOS: Objection'
THE WITNESS: Yes'
(By Mr' Hancock) So if someone wants to be
a
16Facebookuser/theygotothewebsite,andbeforeLheycan to 1-'7 gain access they have to cfick a prompt that says "I agree 18 1,g 20 2L 22 23 24 25 O A
Ehese terms
-"
MR
-
AVALOS
:
Obj
ection
'
(BY
YCS.
Mr. Hancock) EssentiallY'
(WHEREUPoN
Developer Principles c Policies'
Bates Nos- 024-Q27 were marked PlainLiff's
Exhibit
1020
for identification' a
)
(By Mr' Hancock) The document I've marked as
FREEDOMCOURTREPORTING(s77)3733660
Witness: Ali Grabler 1 2 3 4 5 plaintiff's
9t
2t4l20tt
Exhibit tozo, Ms. Grabler, does that appear to you
to be Facebook's Developer Principles and Policies? A Q
Yes.
And in your capacity as a
30
(b) (5) representative'
Facebook's
does Facebook require anyone who wants to utitize
6PlatformtoagreetotheDeve}operPrinciplesandPolicies?
MR. AVALOS: ObjecLion-
g 9 10 lL Q
THE WITNESS:
I don't know' Irm not sure'
(By Mr- Hancock) In your capacity as a 30(b) (5)
represenLative or in your individual- capacity' do you know
whether or not Lhere is a prompt or something that a person
1.2wou}dhavetoclicksignifyingtheiragreemenLtothe l-3 L4
15
Facebook,s Developer Principles and Policies before they could
utifize
Facebook Platform?
MR. AVALOS:
Objection' Before they util ize Lhe Platform?
maram'
L6
THE WITNESS:
L7 l-B Lg 20 2L 22
O A
(BY
Mr- Hancock) Yes,
I don'L think they need to agree before they utilize
the Platform- Maybe you can define "utilize'" O A O
Gain access to the Platform' use the Platform'
Those are different
things
'
okay. To gai-n access to the Platform'
In your
23capacityasa30(b)(6)representative,beforethat,cantake 24 25 Place -A
What do you mean by "gain access"?
FREEDOM COURT REPORTTNG (S77) 373 3660
Witness: Ali Grabler
92
2l4l20lt
f 2 3
Q
Correct me if I'm wrong. A developer would use
Platform Lo make a canvas page for an applicaLion; is that
correcL?
MR. AVALOS: Objection-
5 6 '1 g 9 10 11 L2 l-3 14 L5 L6 t7 l-8 lg 20 2l 22 23 24 25
Q A Q
(By Mr. Hancock) EssenLially'
Do you know?
Idon'tknow.
And I'l-l
ask you one more time, then 1et it go' If
a
deveLoper wanLed to use Platform in any way in connection with
a gaming application, woufd that developer firsL have to signify some agreement to Facebook wilh the Developer PrinciPles and Policies?
MR- AVALOS:
Objeclion' point is "Llseil is a very broad
'
THE WITNESS: My
term, so if you can be more specific a
(By Mr- Haneock) I'd like to, Ms' Grabler' but I
d,on,t know LhaL f can. r'm simply tryingi to understand
whether or not like a user, who has to agree to the statement
of Rights and Responsibilities on a page' on Facebook's website; correct? A
OkaY.
MR. AVALOS: Objection'
O A a A
(By Mr- llancock) Is that correct? So a user has to agree -- go ahead'
No. I'm sorry.
You go ahead'
I guess if you could just rephrase your question'
FREEDOM COURT REPORTTNG (s77) 373 3660
Witness: Ali Grabler 12 3 4 5 Q
93
2141201t
I think you previously testified
that anybody
who
wants to be a user on Facebook has to first
signify their
acceptance to the sLaLement of Rights and Responsibilities
correct -- before Lhey can be a Facebook user and gain access to
Facebook?
MR. AVALOS: Objection.
THE WITNESS:
In order to sign up for Facebook, a
8 9 10 11 L2 L3 14 L5 3-6 7,'7 18 ag 20 2t 22 23 24 25
user must agree to the Statement of Rights and Responsibilities O
-
(By Mr- Hancock) Okay' Is there any similar
who
process in place for someone who wants to -- a developer
wanLs to use Platform or interact with Platform in connecLion
with a -A o A
So those --
Interact with Platform' fnteract with PlaLform' f don't know'
(WHEREUPON
documenL Bates
No' 034 was marked
Plaintiff's a
Exhibit l02l- for identification')
(By Mr. Hancock) Would you idenLify what ilve
marked as Plaintiff's
Exhibit LQ21, Ms. Grabler?
A O
This is a part of the Facebook website'
AL the top it says "How to appeal cfaims of
copyrighL infringement, " does it not?
A a
It does. In your capaciLy as Facebook's representative here
FREEDOM COURT REPORTTNG (577) 373 3660
Witness: Ali Grabler
THE WITNESS:
131
I don't
know-
2l4l2vn
MR- IIANCOCK:
IJet's go off the record'
)
3 4 5 6 Q
(Recess t.aken.
Back on Lhe record'
Ms' Grabler' you testified
Lhat
you,ve been designated as the Facebook representive for Topics
5 Lhrough 9 in the deposition noLice; is that correct? And
a
TcopyofthatnoLiceis--youseeTopicNumber9'ma'am? B 9 A Q
YCS.
Topic Number 9 is about Facebook's damages resulting
]-0inanywayfromanyactiontakenbyMr.Mifler,thePfaintiff. 11 Tel1 me, as Facebook's 30(b) (6) representaLive'
L2howhasFacebookbeendamagedbyanythingthatMr.Miller 1"3 has a4
done?
MR. AVALOS:
Objection,' form,
scope '
15THEWITNESS:Sothesuitwasoriginallyfiledin 3.6 Atlanta and iL cost money Eo be transferred over to 'J,7 California. 18 Lg 20 2L 22 23 24 25 O a O
So that was the first'
(BY
Mr. Hancock)
How much moneY?
MR- AVALOS:
Objeceion,'form' scope' I do not know'
THE WITNESS:
(By Mr- Hancock) You don't know as a 30(b) (6)
Lrow much money?
represerrtative
MR. AVALOS: Asked and answered'
THE WITNESS:
I don'L'
(By t'tr. Hancock) PLease continue'
FREEDOM COURT REPORTTNG (S77) 373 3660
Witness: Ali Grabler
t32
214l20tt
1-AAndLhesecondthingisMr.Millerdeve}opedanother 2 3 4 5 6 7 g 9 L0 l-1 1,2 applicaLion, and he didn't agree to the terms of service, so
we don'L know yet what policies he may have violaLed.
Q A Q
WhaL
aPPlication is that?
name'
I don't recafl the exact
r didn't quiLe catch afl that'
so as
30
(b) (5)
represenLative, M9- Grabfer, Mr' Mifler did what again?
MR. AVALOS:
Objection; form' in developing a different
THE WITNESS: So
application, we dontL know which policies he may have violated with that other aPPlication' O
(By Mr. Hancock) Do you know of any policies thaL
1-3Mr.MifterwouldhaveviofatedwiththeotherapplicationLhat 14 15 76 t7 18
you don't know the identitY of?
A a
SorrY?
Do you know of any policies that Mr' Miller violated
in connection with this application youtre referring to that
you do not know the identiLy of Lhe applicaLion?
You
:}gtestifiedyoudonltknowwhatthenameoftheapplicationis 20 2L 22 in question; Correct? A O
Correct.
In connection with that applicaLion' Ms' Grabler'
as
2330(b)(6)representativedeponent,whatpoliciesdidMr.Miller 24 25 violate?
MR- AVAIOS:
ObjecLion; form and scope'
FREEDOM COURT REPORTTNG (577) 373 3660
Witness: Ali Grabler
THE WITNESS:
133
2t4t20L1
he
t said we don't know which policies
2 3 +
may trave
violatedDo you know if he violated any policies? MR. AVALOS: Objection; form and scope'
Q
5THEWITNESS:Ibe}ievehedidn'tlistthelinkto 6 7 B g 10 1l12 the terms, so -Q A
(BY
Mr- Hancock) What terms?
A11 I know is we don't know what sort of damages
Lhere would have been for Facebook because we don't know which
policies he O
maY
have viofated'
Do you know anything more olher than what you've
3O
tesuified to as a
(b) (6) representative concerning actions
1-3 taken by Mr. Miller LhaL were damaging to Facebook in L4 15 16 Li 18 O
connecLion with this application you're referring to?
MR. AVALOS:
Objection; form, scope' f don't'
THE WITNESS:
(By Mr- Hancock) In your personal capacity'
Ms. Grabler, would you say Ltrat Facebook is an interneL
1,9 service Provider? 20 2L 22 23 24 25 a A
MR. AVALOS:
Objection'
THE WITNESS: YCS.
(By Mr. Hancock) It is'
MR- AVALOS:
okay' Why is that?
Objection'
do You
mean?
THE WITNESS: What
(By ltr. Hancock) Well' why do you characLerize
FREEDOM COURT REPORTTNG (577) 373 3660
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