Campbell et al v. Facebook Inc.

Filing 160

EXHIBITS re 149 Opposition/Response to Motion,,,,, filed byFacebook Inc.. (Attachments: # 1 Chorba Decl. - Exhibit Y, # 2 Chorba Decl. - Exhibit Z, # 3 Chorba Decl. - Exhibit AA, # 4 Chorba Decl. - Exhibit BB (Redacted), # 5 Chorba Decl. - Exhibit CC (Redacted), # 6 Chorba Decl. - Exhibit DD (Redacted), # 7 Chorba Decl. - Exhibit EE (Redacted), # 8 Chorba Decl. - Exhibit FF (filed under seal), # 9 Chorba Decl. - Exhibit GG (filed under seal), # 10 Chorba Decl. - Exhibit HH (filed under seal), # 11 Chorba Decl. - Exhibit II (Redacted), # 12 Chorba Decl. - Exhibit JJ (Redacted), # 13 Chorba Decl. - Exhibit KK (filed under seal), # 14 Chorba Decl. - Exhibit LL (filed under seal))(Related document(s) 149 ) (Chorba, Christopher) (Filed on 1/16/2016)

EXHIBIT CC
REDACTED VERSION OF DOCUMENT(S)
SOUGHT TO BE SEALED

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
________________________________
)
MATTHEW CAMPBELL, MICHAEL
)
HURLEY, and DAVID SHADPOUR, on )
behalf of themselves and all
)
others similarly situated,
)
)
Plaintiffs,
)
)
vs.
) Case No.
) C 13-05996 PJH
)
FACEBOOK, INC.,
)
)
Defendant.
)
________________________________)
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
VIDEOTAPED DEPOSITION OF RAY HE
Palo Alto, California
Friday, September 25, 2015
Volume I

Reported by:
CHRIS TE SELLE
CSR No. 10836
Job No. 2144894
PAGES 1 - 273
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describe as a

.

2

Q.

Between

3

A.

And

4

Q.

What's a

5

10:19:23

and what?

A.

10:19:37

6

.

7

Q.

8

What's a

A.

9
10

.

11

Q.

12

What is a

10:19:58

?

A.

13
14
15
16

10:20:32
Q.

17
18

?

19

MR. CHORBA:

20

THE WITNESS:

21
22

Objection.

Vague as to time.
10:20:56

.
BY MR. CARNEY:

23

Q.

Okay.

2009 to 2012.

24

A.

I believe so, yes.

25

Q.

At what time period was that different?

10:21:09
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2
3

MR. CHORBA:

6
7

THE WITNESS:

Depends on what you mean by

BY MR. CARNEY:
Q.

11:04:48

What did you mean by

when you

used that term in this e-mail?
A.

9

because

10

Q.

12

11:04:44

.

8

11

Vague as to

share_count.

4
5

Objection.

I couldn't, I don't remember what I meant,
means two different things.
Okay.

What are the two things

11:05:01

means?
A.

13
14
15

11:05:21

16

.

17

Q.

What did you mean by,

18

A.

Not all

19

created are

accounted for in the

20

Q.

21

?

.

Which ones are not?

11:05:59

A.

,

22
23

.

24

Q.

25

And what is a

?

A.

11:06:17
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11:06:23

2
3
4
5

11:06:36

6
7
8

.

9

Q.

Okay.

10

A.

Also, there have been periods of time

11

11:06:51

.

12

Q.

13

A.

15

Q.

16
17

20

When -- strike that.
Did you

11:07:10
at any time

between 2009 and 2012?

18
19

What does that mean?

A.

Yes, for

Q.

But it's just for

.
,

11:07:22

21
22

A.

23

.

24

Q.

When did that occur?

25

A.

I can't say for sure, but I believe in

11:07:39
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A.

I believe the

11:37:12

2
3

.
Q.

Did you work on the

4

?

5

A.

Yes.

6

Q.

Who was that information made available --

7

11:37:32

strike that question.

8
, who was that
10

information made available to?

11

only, or third parties?

12

A.

11:37:46

It

Q.

Facebook employees

Did you ever

13
14

11:38:04
16

A.

Yes.

17

Q.

And what was it?

18

A.

.
21

Q.

22

A.

23

Q.

11:38:22

What were the other reasons?
.
And was that functionality

24
25

11:38:44
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A.

No.

2

Q.

Do you see the term,

3

11:38:44
, that's in the

comments section?

4

A.

Yes.

5

Q.

What is

6

A.

7

Q.

And in 2009,

8

A.

It depends on what you mean.

, as that term is used there?

11:39:05
.

9
10

11:39:35

11
12

Q.
?

13

A.

14

.

Q.

15
16
17

11:39:43
A.

I would not be able to make a list of

those from memory.

18

Q.

Do you know any?

19

A.

At, depending on time, I might be able to

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21
22

remember a few.
Q.

Okay.

11:40:00
Do you see down at the bottom of

the page, the heading, summary?

23

A.

Yes.

24

Q.

Do you know whether you drafted that

25

summary?

11:40:10
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Facebook server stored as a

2

MR. CHORBA:

3

THE WITNESS:

4

Objection.

?

02:22:01

Vague as to time.

It depends on the time period.

BY MR. CARNEY:

5

Q.

'09 through 12.

6

A.

13

Q.

You said --

14

A.

Sometimes.

15

Q.

You said that on what occasions would that

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happen.

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02:22:16

sometimes.

02:23:09

I'm trying to tackle your use of the word,

18

A.

20

Q.

What occasions?

21

A.

If,

02:23:22

02:23:38
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value, or not at all.

2

Q.

02:23:42

Are there any other circumstances, other

3

than

, that a

4

be created following the creation of a

5

would not
ic

?

6

A.

7

was created.

8

created.

02:23:55

So, you mentioned that the
The

is not always

It's

.

9

Q.

Oh.

10

A.

It can be

11

Q.

In what circumstances is it

12

A.

In the general case,

02:24:07

13
14

?

.
Q.

And you testified a moment ago that a

15

, correct?

16

A.

17

Q.

18

A.

This is the

19

Q.

And what document are you looking at?

20

A.

I'm looking at Exhibit 14.

21

Q.

And the, I'm sorry, the

22

; is that what you said?

23

A.

02:24:31

24
25

.
?

Yes.

.

02:24:47

If you look from, on the left, it's

maybe the, halfway down the page.
Q.

I see it.

And there is a string of 17

02:25:04
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2

Q.

03:33:06

have caused -- strike that question.

3
4

And what are the circumstances that may

If the user did not have JavaScript
enabled, would a

have been created?

5

A.

No.

6

Q.

Does that mean that no

7

03:33:30
would

have been created?

8

A.

Yes.

9

Q.

Does a

10

the

have to come before

?

11

MR. CHORBA:

12

03:33:44
Objection.

THE WITNESS:

Vague as to time.

Do you mean a

13

never have, would not have to exist for a

14

to exist?

15

would

BY MR. CARNEY:

16

Q.

03:34:09

In the context of URLs embedded in private

17

messages between 2010 and 2012, would a

18

would an

have to exist prior to the

19

creation of an

?

20
21

A.

If, are we still under the premise that

,

03:34:26

the user has JavaScript enabled?

22

Q.

JavaScript is enabled.

23

A.

Okay.

24
25

There must be an

before there is an
Q.

, at any stage.

At any stage.

03:34:41
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A.

Yes.

05:56:21

2

Q.

What is it?

3

A.

It is the

4
5

.
Q.

What is in the

6
7

05:56:43

And I'm looking at the second line
there of the second paragraph.

8

MR. CHORBA:

9

THE WITNESS:

10

on a

Objection.

Vague as to time.

It does depend on time.

BY MR. CARNEY:

05:57:02

11

Q.

Let's start with January 24, 2012.

12

A.

The

13

on a

refers to the

, and that was the

14
15
16
17
18
19

here

we previously talked
about, so, Exhibit 14?
Q.

Uh-huh.

05:57:17

Who is the best person to talk to

about the creation of source code for
MR. CHORBA:

Objection.

Vague as to, best.

BY MR. CARNEY:

20

Q.

Most knowledgeable.

21

MR. CHORBA:

22

THE WITNESS:

23

Answer, if you know.
It depends on the time period in

question.

24

05:58:14

BY MR. CARNEY:

25

Q.

How about 2010 through 2012?

05:58:21
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1

I, the undersigned, a Certified Shorthand

2

Reporter of the State of California, do hereby

3

certify:

4

That the foregoing proceedings were taken

5

before me at the time and place herein set forth;

6

that any witnesses in the foregoing proceedings,

7

prior to testifying, were duly sworn; that a record

8

of the proceedings was made by me using machine

9

shorthand which was thereafter transcribed under my

10

direction; that the foregoing transcript is a true

11

record of the testimony given.

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Further, that if the foregoing pertains to the

13

original transcript of a deposition in a Federal

14

Case, before completion of the proceedings, review

15

of the transcript [X] was [

16

] was not requested.

I further certify I am neither financially

17

interested in the action nor a relative or employee

18

of any attorney or party to this action.

19
20

IN WITNESS WHEREOF, I have this date subscribed
my name.

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Dated:10/9/15

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<%signature>
CHRIS TE SELLE

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CSR No. 10836
Page 273
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