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 [phone]

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 [phone]

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 [phone]

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 [phone]