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. 7

EXHIBIT F

Dockets.Justia.com

UNTTED STATES DIS?RICT COURT
NORTHERN DISTRTCT

OF CALIFORNTA

SAN FRANCISCO DTVISTON

)

DANIEIJ

M.

MTLLER,

)

)

Plaintiff, -vsFACEBOOK,

) )

)
)

wo. cv-10-264

(wriA)

fNC., and YAO WEf

)

YEO, Defendants.

)
)

)
)

**This transcript has been designated
HIGHLY CONFIDENTIAL _ ATTORNEYS' EYES ONLY

DEPOSITION OF JULIE TUNG

Thursday, February 3, 2Oa!
Menlo Park, California

REPORTED

BY: JANIS G.

ANDERSEN, CM, CSR

NO. 3333

Witness: JULIE TUNG 1 2 3 4 5 6 7 B 9 10 l-L L2 1"3 14 l-5 1"6 t7 18 19 20 2l 22 23 24 25 Q A Q A Q A Q A Q

11

2t3t20tt

Is that Lhe same month you began work at Facebook?
Yes.
What.

is your present. position with

Facebook?

Engineering Manager.
How

long have you hel-d that position?

One monLh. One mont'h? Rough1y.

And as an engineering manager, could you just

briefLy describe your duties and responsibiLiLies? A O A I manage the Platform API team.
What does that entail-?

f sti1l write code and f also participate in the

career development for the software engineers on Lhe API team. O A O
You say part.icipate in career development?
Yes.
WhaL

position did you hold with Facebook prior

Lo

becoming the Engineering Manager?

A O

Software Engineer.

Is LhaE Lhe only other position other

Lhan

Engineering Manager that you've held with Facebook?

A a

Yes.

If you woul-d briefly

describe your duties
Facebook?

and

responsibilities A

as a software engineer at

I write code, I write tesLs, and I fix bugs.

FREEDOM COURT REPORTTNG [phone]

Witness: JULIE TUNG 1 2 3 4 5 6 7 I 9 l-0 11 12 13 14
l-5

l6

2t3t20lt

A Q

Correct.
Have you taken any medication today, Ms. Tung, that

would prevent you from tesLifying truthfully

and accurately?

A Q

No.

Before we proceed, I'd just want to ask you on the

record that as we move forward, if you would, when we're talking abouL varj-ous operations aL Facebook LhaL f 'l-l- be
quesLioning you about, if you can, I'd like you to

differentiate

between if therets any difference between

operalions as Lhey existed in 2009 and operations as they exist presently. the record. If you would make that differentiation
on

If you don't, I'rTr just going to assume that what

you're tesLifying to is the way t.hings were done in '09 or
presenLly.
MR. AVALOS:

Objeclion,' vague and ambiguous. If you
2OOB

L6 L7
1-B

have a question abouL 2008, ask about quesLion about 20A9, ask about 2009.

- ff you have

a

MR. HANCOCK: Well, I'm jusL Lrying Lo save Lime so

1-9 that every time f go through a sequence of questioning, I 20 2L 22 23
24

don't have to ask you if thaL's how things were done in 2009. If your counsel objects Lo that, I will ask that question, but iL's just. more than likely going to prolong your deposition. But Lhat's fair.
What.

is Facebook PlaLform? is basically the

25

THE WITNESS: Facebook Pl-atform

FREEDOM COURT REPORTTNG (877) 373 366t

Witness: JULIE TUI\G

t7

2t3t20tt
applications or websites can

1 2 3 4 5 6 7 B 9

vehicle through which third-party integrate with Facebook. Q A
mean
When

you say ', integrate, I' what do you

mean?

That actually covers severaf different ways. It can
on

t.hat an application or website uses Facebook data

their site or it can mean that third-party inside Facebook.com. Q A
When was

applications appear

Platform establ-ished?

I befieve -- this is before I got to Facebook, but I

1-0 believe the firsL APf was rel-eased in fa1l 2005 and the rest 11 A2 l-3 14 1-5 L6 Li 18 19 20 2L
zz

of the Pfatform was 1aunched May 2007. a
The integration you previously testified

to, is iL

your undersLanding that Facebook PlaLform has offered that since its inception? A a A O
MR. AVALOS: Objection; vague and ambiguous.

(By Ffr. Hancock) You can answer. Which integration?
What you've previously testified

to as to

whaL

Facebook Platform does or what it

is.

fs that your

undersLanding what Facebook Platform is since its inception or

since you first

began working at Facebook?

MR. AVALOS: Same

objection. Platform offerings have

23 24 25

THE WITNESS: Facebook

evolved over time.

O

(By Mr. Hancock) Okay. Tefl me about that

FREEDOM COURT REPORTTNG [phone]

Witness: JULIE TTING

18

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1 2 3 4 5 5 7 I 9 L0 1lL2 13 L4 15 1,6 1-i 18 Lg 20 2L 22 23 24
25

evol-ution

-

A

So I t.hink the goal of Platform has remained Lhe

same. However -Q Is Lhat goal the integration you previously

Lestified to? A Q A
Yes.

Okay- Go ahead. f tm sorryI think Lhe main change was t.he launch of the

Facebook ConnecL, and that was in -- I think iL was in 2008.
2OOB

or 2OO9? Ar:pay, f think that's lhe -- so prior to thaL,

the firsL launch of Lhe Facebook Platform was primarily integrations inside Facebook.com. The launch of the Facebook
Connect introduced more integrations outside of Facebook.com.

O

What do you mean by integration outsi-de of

Facebook.com?

A

A third-party website Lhat uses Facebook data in

order Lo make the experience social for the user. 0
ConnecL?

Is that really Lhe purpose or funcLion of Facebook

A O

Yes.

Speaking to a 1ay person, would you describe briefly

what a Facebook user can do through Facebook Connect?
MR. AVALOS: Objection; vague and ambiguous. You

can answer.
THE WITNESS:

I can give some examples.

FREEDOM COURT REPORTTNG [phone]

'Witness:

JULIE TUI\G
Q Okay. '07 .

22
How woul-d

a3tzafl
a developer use Plat.form to
Facebook?

12 3 4 5 6 7 B t L0 1lL2 l-3 L4 15
page.
make

his game applicat.ion available on
MR. AVALOS:

Calls for specul-aLion.

Q

(By Mr. Hancock) Oo you have knowledge, personal

knowledge? I know you weren't working there t.hen but --

A Q

I'm sorry.
When

Could you repeat the question?

Platform was establj-shed in 20A7, do you have
make

any knowledge as to how a developer would use Platform Lo

his application availabfe on A O A
Yes.

Facebook?

Pl-ease tell

me what

that is.

A developer could make it available through a canvas

0 A

How woul-d

a developer in 2007 set up a canvas

page?

The developer needs Lo have a Lhird-party -- it

1,6 needs to have his own application server to provide the L7 18 L9 20 2L 22 23 24 25 content for the application. O A O A
What.

else would he need to

do?

They need to register an application with Facebook.
How woul-d

he do t,haL?

I believe Facebook has some sort of developer
and

application that would al.I-ow you to create an application
change the settings for the application.

O

So we're talking about 2007. And would the

developer creaLe the application using information or contenL

FREEDOM COURT REPORTTNG [phone]

Witness: JULIE TUNG 1 2 3 4 5 6 7 I 9 L0 11 L2 L3 14 on Facebook servers? A Q A
No-

23

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So he would do that independently.

Sorry. Maybe I didnrt understand Lhe guesLion.

The

devel-oper needs to enter Lhe application's

data on like -- the Iike the
server,

devel-oper needs to enter data for the application,

applicaLionts name, the URL, if there's a third-party
as well as other settings for the application. do that on Facebook.com.

And he would

0 A

What are those other seLLingrs,. do you know? Whet.her the application is an FBML or an iFrame app,

as well as -- I actually don't know whaL the other setLings

available in 2007 were. O Okay. Other than in 2007, other than a developer

1-5 needing his own application server with contenL for the 16 L7 l-8 applicaLion -- and lm just brying to go back over your previous testimony -- and registering the applicaLion with
Facebook, filting

out the fields thaL you've talked about,

1,9 what else would a developer need to do to make his application 20
2t

available on Facebook?
MR. AVALOS:

Brian, the deposition time -- I'm going

22 23 24
25

to object.

The deposition Lopics started in, if ilm not

misLaken, ,fanuary 2008. You're asking questions aboul 2007.

I'lI

read Topic 1- -MR. HANCOCK: ThaL's okay. That's a fair

objection.

FREEDOM COURT REPORTING (877\ 373 3660

Witness: JULIE TUI\G

24

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LeL's go to 2008 then. 2 3 4 Q
WhaL

you previously testified

to as current in 2007,

would t.here be any difference as to what a developer would
need to do Lo -- (reporter interruption.)

I'm just trying to move things along. 6 7 B 9 10 1L t2 1-3 'J-4 L5 L6 other than whaL you have previously testified
whaiu woul-d

But in 2008,

to, Ms. Tung,

a developer need to do to make his application
Or on Facebook,' sorry.

available on Platform? A O A a

I believe that's al-l-.
So that's it. (Witness nodding head up and down.
)

okay. So whatever a developer would need to do in

'07 would be the same thing in '08, to your knowledge? A a I believe so, yes.
What abouL 2009? Would a developer who wanted to

put his application on Facebook, would he have to do anything

1"7 other than what youtve previously tesLified to? 18 L9 20 2L 22 23 24 25 A A A o A 0
No.

What abouL
No.

2OLA?

what about aL present?
No.

So Lhen your testimony is in order for a developer
he

to put his applicaLi-on or make it available on Facebook,

would need to have an apptication server with content for the

FREEDOM COURT REPORTTNG [phone]

Witness: JULIE TUNG 1 2 3 4 5 6 ? I 9 10 11 12 l-3 L4 15 L6 'J.7 L8 1,g 2A 2l 22 23 24 25
know.

25

2t3t20tl

application.
server?

Would thaL be code for Lhe application on his

MR. AVALOS:

Objection; missLates prior testimony.

MR. HANCOCK: Okay. What contenL would a developer

need in order to put -- on his server, in order Lo put his

applicaLion *- or make it avaifable on
IvlR. AVALOS:

Facebook?

objecLion; vague and arnbigtlousIt would depend on the application.

THE WITNESS:

Q

(By Mr. Hancock) You previously stated that you

have some passing familiarity

with chain Rxn, Lhat it was a

flash apPlication.
What would a developer of a ffash application need on

his server in order to make it available using Facebook Platform -- make it available on Facebook?
MR. AVALOS:

Objection; catls for speculation.

MR. FIANCOCK: ff You know.
THE WITNESS:

I know some of the things they would

need. I don't know a1f of them. a
(By Ur. Hancock) That's fine-

Te1l me what you

do

A

They would need to have a flash file

that Lhey host

on their aPPlication server.

O A

WhaL efse?

They would need some end point thaL woul-d respond to

Facebook's canvas page requests.

FREEDOM COURT REPORTTNG [phone]

Witness: JULIE TUNG

26
mean?

2t3t2011

f 2 3 4 5 6 7 I 9 10 1lL2 13 3"4 15 a6 t7 18
1-9

Q A
URL

When When

you say end poinL, what do you

I specified thaL Lhey would need to specify
They would need to have

Lhe

to their application server.

something that responds there.

Q A

Would that be the URL for the canvas page?

Not quite.

The URLs for canvas pages are like
name.

apps.facebook.com, slash, some application

Q A

Right.. The URL in question here would be the URL of their
Lhe

server that responds Lo our request i.n order Lo populate
page.

O A O

Anything

el-se?

ThaE's all that f know of.
Then if the devel-oper filled

out certain information

wj-th Facebook in registering the application, the developer
woul-d

what? He woul-d then have a canvas page for the
Facebook?

application available on A
Yes.

MR. AVALOS: Objection.

20 2L 22 23 24 25

O A a A inLerface. O

(By t"tr. Hancock) What's an API?

Application public interface, I thinkApplication public interface? I believe that's iL -- or actually maybe programming I'm not totally
sure what it stands for, actually.

You probablY know what it does.

FREEDOM COURT REPORTTNG [phone]