Campbell et al v. Facebook Inc.
Filing
180
EXHIBITS re 179 Notice (Other),,, Exhibits to Joint Notice of Refiling of Documents Accompanying Class Certification Briefs and Evidentiary Objections filed byFacebook Inc.. (Attachments: # 1 Exhibit 26 (Unredacted), # 2 Exhibit 27 (Redacted), # 3 Exhibit 28 (Redacted), # 4 Exhibit 29 (Unredacted), # 5 Exhibit 30 (Redacted), # 6 Exhibit 31 (Redacted), # 7 Exhibit 32 (Redacted), # 8 Exhibit 33 (Unredacted), # 9 Exhibit 34 (Redacted), # 10 Exhibit 35 (Unredacted), # 11 Exhibit 36 (Unredacted), # 12 Exhibit 37 (Redacted), # 13 Exhibit 38 (Unredacted), # 14 Exhibit 39 (Unredacted), # 15 Exhibit 40 (Unredacted), # 16 Exhibit 41 (Unredacted), # 17 Exhibit 42 (Redacted), # 18 Exhibit 43 (Redacted), # 19 Exhibit 44 (Redacted), # 20 Exhibit 45 (Redacted), # 21 Exhibit 46 (Redacted), # 22 Exhibit 47 (Redacted), # 23 Exhibit 48 (Redacted), # 24 Exhibit 49 (Unredacted), # 25 Exhibit 50 (Unredacted))(Related document(s) 179 ) (Chorba, Christopher) (Filed on 3/28/2016)
EXHIBIT FF92
APP. 1351
CONFIDENTIAL
1
IN THE UNITED STATES DISTRICT COURT
2
FOR THE DISTRICT OF CALIFORNIA
3
4
MATTHEW CAMPBELL, MICHAEL
)
HURLEY, and DAVID SHADPOUR,
)
5
Plaintiffs,
)
)
6
v.
)No.C 13-05996 PJH(MEJ)
)
7
FACEBOOK, INC.,
)
Defendant.
)
8
9
DEPOSITION OF
10
**CONFIDENTIAL**
11
12
Taken on behalf of Defendant
13
* * *
14
15
BE IT REMEMBERED THAT the
16
deposition of
17
before Rosemary Tanzer, a Registered
18
Professional Reporter and a Certified
19
Shorthand Reporter for Oregon and Washington,
20
on Friday, August 7, 2015, commencing at the
21
hour of 9:04 a.m., at the Embassy Suites,
22
20001 NW Tanasbourne Drive, Hillsboro,
23
Oregon.
24
was taken
* * *
25
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A
I don't really have an opinion about
2
it.
3
don't know.
4
I don't have a belief around it.
Q
I
You don't have any belief, as you sit
5
here today, as to whether Facebook was
6
accessing --
7
A
I would imagine, as there is a
8
class-action lawsuit taking place, that there
9
is a probability that this is occurring.
10
Q
Do you have any other basis for
11
believing that there was a probability this
12
was occurring besides the fact of the class
13
action?
14
A
No.
15
Q
Have you investigated at all or
16
looked into whether this is happening or
17
whether there is any basis for these claims?
18
A
No.
19
Q
Did you continue to use Facebook
20
after you first learned about this claim?
21
A
Yes.
22
Q
Do you use Facebook messages at all
23
to the extent you remember after hearing
24
about these claims?
25
A
Uh-huh.
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2
3
4
Q
We're going to get to that.
I asked
the question, do you care whether -A
I just told you that I don't know
what it is.
5
Q
You don't know what it is.
6
A
And actually I told you before I
7
8
9
10
don't know what it is.
Q
That's fine.
marked as -- are we up to Exhibit 3 now?
Get
marked as Exhibit 3 this document.
11
12
I would like to get
(Exhibit No. 3 marked.)
Q
BY MS. RAJAGOPALAN:
Do you want to
13
take a moment to look that over, and just let
14
me know when you're ready.
15
A
(The witness complied.)
Okay.
16
Q
So I'll represent to you this is not
17
a document that we've produced in this case.
18
My team and I generated a URL preview and
19
this is a screen shot of a URL preview.
20
what you see depicted on this document look
21
familiar to you?
22
A
In what way?
23
Q
Have you seen something like this
24
before?
25
A
Does
Yes.
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Q
Where have you seen it?
2
A
On Facebook.
3
Q
And what does it look like to you
4
based on your familiarity?
5
A
It looks like a link.
6
Q
Okay.
7
Do you see the left-hand side
column that says Inbox, Other, More?
8
A
Uh-huh.
9
Q
What does that look like to you?
10
A
What do you mean?
11
Q
Have you seen something like that
12
before?
13
A
14
15
I don't know.
It doesn't look
familiar here.
Q
Have you seen something -- do you
16
think you may have seen something like that
17
in the -- when you've opened the Facebook
18
messages product?
19
A
I don't know.
20
look at messages.
21
I only really just
at all, actually.
22
23
Q
It doesn't look familiar
The box that's called "new message,"
do you see that, this big box on the right?
24
A
Uh-huh.
25
Q
Does that look familiar to you?
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A
In, like, this area below?
2
I don't know.
3
I guess.
have on my phone.
4
Q
This doesn't look like what I
Does it look at all like what you've
5
seen when you've sent a message on your
6
computer?
7
8
9
10
11
A
I don't really send Facebook messages
on my computer very often.
Q
To the extent -- I think you
testified you have sometimes.
A
Sure.
If there is a few things
12
different, I wouldn't be able to say.
13
computer page.
14
look like.
15
Q
It's a
I don't remember what they
Do you see the box at the bottom that
16
says -- it has a link that says
17
HTTP:/money.CNN.com and then there is a
18
picture below that with some text?
19
seen something like that before?
20
A
That's a URL.
21
Q
Which part is the URL?
22
A
The link.
23
Q
The link.
Have you
24
25
Correct?
And then what about below
that?
MS. GARDNER:
Let the record
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Q
Are you aware at all if Facebook's
2
developer page disclosed that the number of
3
Likes on a third-party website is derived in
4
part from the number of Facebook messages
5
that contain a URL?
6
long question, so let me know if you need me
7
to break it up.
8
9
10
11
A
No.
I realize that was a
The answer is no.
We can do
that with all the rest of your questions,
make it one question.
Q
Do you know whether the number of
12
Likes on third-party websites was derived or
13
incremented, increased or decreased in any
14
way, based on people sending URLs in Facebook
15
messages?
16
A
No.
17
Q
If that were happening, would you
18
object to it?
19
A
State again what exactly it is?
20
Q
So you mentioned -- we mentioned
21
before how on third-party websites you have a
22
Like button.
23
the benefit of this question, that on certain
24
third-party websites there is a Like count,
25
like there is a number that says, you know,
And -- well, I'll just say for
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2
3
opinion of?
Q
Whether Facebook should block
viruses.
4
A
I'm not sure.
5
Q
I'm asking, do you have an opinion,
6
7
8
9
10
yes or no?
A
I would need more information to make
an opinion.
Q
So that means at this point you don't
have an opinion?
11
A
Yes.
12
Q
And you don't have an opinion as to
13
whether Facebook should block viruses?
14
A
Define "opinion."
15
Q
Well, you said I don't have enough
16
information to have an opinion, so I'm
17
asking, does that mean you don't have an
18
opinion?
19
enough information to have an opinion," so
20
does that mean you don't have an opinion?
21
A
Because you said "I don't have
This is getting really convoluted and
22
I'm starting to lose track of what exactly it
23
is that we're talking about.
24
25
Q
I asked you before, do you object to
this whole series of things, blocking
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1
malware, blocking viruses, blocking spam, et
2
cetera, and for each one you said, "I don't
3
know if I object to that."
4
you follow-up questions on a couple of those
5
to say, well, do you -- actually let me go
6
back.
7
And then I asked
I asked you a couple of times,
8
"What would that depend on?"
9
"I don't know.
And you said,
I don't have enough
10
information to form an opinion."
11
asking, does that mean that you just don't
12
have an opinion?
13
in turn if that would help.
14
15
16
A
So now I'm
And I can ask for each one
If I have an opinion about whether or
not I have an objection?
Q
No.
If you have an opinion on
17
whether Facebook should do any things that I
18
mentioned?
19
A
No.
20
Q
So you don't have an opinion as to
21
22
whether Facebook should block viruses?
A
At this moment I don't have enough
23
information to create an opinion.
24
doesn't mean that later I might have one.
25
Q
That
Right, but I'm asking, right now, do
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you have an opinion?
And I'm asking is the
2
answer to that question yes or no?
3
A
No.
4
Q
Do you have an opinion right now as
5
to whether Facebook should block viruses?
6
7
8
MS. GARDNER:
Objection.
Vague.
A
I can't say, and the reason I can't
9
say is because by saying I don't have an
10
opinion is different than saying I don't
11
know.
12
is like a statement about how I feel about
13
something.
14
say I don't have an opinion implies that it
15
doesn't matter to me.
16
All of those things that you said, they might
17
matter to me and likely they do.
18
-- I don't have enough information right now
19
to be able to more -- to really say to the
20
extent that they matter.
21
Q
If I say I don't have an opinion, it
I don't know how I feel.
And to
It might matter to me.
BY MS. RAJAGOPALAN:
Okay.
But I don't
Do you
22
understand that this lawsuit is a putative
23
class action?
24
25
MS. GARDNER:
A
Objection.
No.
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Q
Okay.
We looked at the URL preview
2
earlier, Exhibit 3.
Do you recall at all how
3
many Facebook messages you've either sent or
4
received that included a preview of the
5
website associated with the URL?
6
A
No.
7
Q
You have no recollection?
8
A
(Shaking head.)
9
Q
Do you remember ever seeing a URL
No.
10
preview when you started composing a message
11
on Facebook?
12
13
MS. GARDNER:
Objection.
Vague.
14
A
I don't remember.
15
Q
BY MS. RAJAGOPALAN:
You don't
16
remember if you've ever seen one?
17
look back at Exhibit 3, if that helps.
18
19
20
A
You can
What do you mean by have I never seen
one when I'm writing a message in Messenger?
Q
When you're writing a message in
21
Messenger and you put a link in there, do you
22
recall ever seeing --
23
A
Like the thumbnail.
24
Q
Say again?
25
A
Like the thumbnail.
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Q
Yes, the thumbnail with the text.
2
3
MS. GARDNER:
Asked and answered.
4
5
MS. RAJAGOPALAN:
She said she
didn't -- I'm restating the question.
6
7
Objection.
MS. GARDNER:
same question again.
You asked the
This is the third time.
8
A
I don't remember.
9
Q
BY MS. RAJAGOPALAN:
10
may have seen it?
11
12
Do you think you
A
link.
I remember, like, posting a link -- a
This makes me think of a news feed.
13
Q
Okay.
But --
14
A
I don't remember, is what I'm saying.
15
It's possible that I could have, but I don't
16
remember.
17
I don't really send URLs in messages.
18
said, there is like a handful, maybe a
19
handful, because I'm guessing people have,
20
like, sent maybe a video.
21
all of this is in the news feed.
22
Q
This doesn't look familiar to me.
Okay.
Like I
But pretty much
In that handful that you
23
remember either sending or receiving messages
24
--
25
A
I don't remember a handful.
I'm
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2
guessing that it was.
Q
Okay.
To the extent that you are
3
guessing that there is a handful, you don't
4
recall seeing a URL preview?
5
A
No.
6
Q
Okay.
You mentioned earlier that you
7
used different browsers at different times
8
and possibly you've used different browsers
9
when you're using Facebook.
I think we
10
mentioned Internet Explorer, Chrome, Firefox.
11
Do you recall that?
12
A
Uh-huh.
13
Q
Do you happen to know if any of those
14
browsers had Javascript enabled?
15
A
I do not know.
16
Q
Do you know if any of the URLs that
17
you sent in messages to other people -- the
18
URLs would obviously, as you said before, be
19
an address for a website.
20
of those websites had a Facebook Like button,
21
social plug-in on them?
Do you know if any
22
A
I do not know.
23
Q
Do you think some of them did?
24
25
Do
you think any of them did?
A
I don't know.
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happen.
2
bringing it up now as well.
3
Q
So that's informing how -- me
But so is this conversation today
4
your only basis for thinking that that
5
happened or is it not the only basis for
6
thinking that that happened?
7
A
It's not the only basis.
8
Q
And the other basis that you have for
9
10
thinking that happened is your conversations
with Melissa before this?
11
A
That's correct.
12
Q
But you don't know whether or not
13
your sharing your URL message actually did
14
increment the Like count or not?
15
A
No.
16
Q
And you know also that your name is
17
not associated with a Like count on a
18
third-party website?
19
20
MS. GARDNER:
Objection.
Foundation.
21
A
I don't know that.
22
Q
BY MS. RAJAGOPALAN:
So if the Like
23
count on the third-party website said, as I
24
think I mentioned earlier, just had a number
25
1.2 million, 500,000, 50, and there were no
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names or anything like that associated with
2
it, and it was just anonymized, basically,
3
would you object to an anonymized Like, like
4
that, being incremented based on what you
5
shared in a private message?
6
A
I don't know.
7
8
9
MS. GARDNER:
Objection.
Form.
Q
BY MS. RAJAGOPALAN:
So before when
10
you said you don't know whether your sharing
11
of a URL in a message incremented the Like
12
count on a particular web page, do you have
13
any way of determining that?
14
A
Not that I'm aware of.
15
Q
I'm going to hand the court reporter
16
two exhibits this time.
We can talk about
17
them in tandem, which will also make this go
18
a little bit more quickly.
19
A
Okay.
20
Q
So let's get these marked 4 and 5.
21
Is that right?
22
23
(Exhibit Nos. 4 and 5 marked.)
Q
BY MS. RAJAGOPALAN:
So the reporter
24
handed you documents marked Exhibit 4 and
25
Exhibit 5.
So I'll represent to you that
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A
To the processing.
2
Q
Of this message.
3
MS. GARDNER:
The witness has
4
her head in her hands and she's staring down
5
at the table and groaning.
6
MS. RAJAGOPALAN:
That's
7
inappropriate, Counsel.
If you want to go
8
off the record, that's fine.
9
comments are really not appropriate.
10
A
Okay.
11
Q
Those kinds of
BY MS. RAJAGOPALAN:
12
13
14
Ask it again.
If you need a
break, I'm happy to take a break.
A
I just want to go.
I just want to be
done.
15
Q
I appreciate that.
16
A
So how much longer do you think we're
17
going to have?
18
is going to be another two hours?
19
Q
Should I take a break if this
It's not going to be another two
20
hours, but if you would like to take a break
21
now, please go ahead.
22
23
24
25
A
I would like to get this finished is
what I would like.
Q
Then we can keep going.
I'll ask again.
Do you know if
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Mr. Hurley consented to the processing of
2
this message?
3
A
I don't.
4
5
6
MS. GARDNER:
Objection.
Vague.
Q
BY MS. RAJAGOPALAN:
Do you know what
7
understanding he had, if any, about whether
8
this message was being processed by Facebook
9
in any way?
10
11
MS. GARDNER:
Objection.
Vague.
12
A
I have no information about that.
13
Q
BY MS. RAJAGOPALAN:
Do you know if
14
he ever visited the Facebook developer page
15
that stated that URL attachments were
16
included in the Like count?
17
A
I don't know much about Mike Hurley.
18
Q
Do you ever recall visiting a
19
Facebook developer page that stated that URLs
20
in messages were included in the Like count?
21
A
No.
22
Q
Do you know if Mr. Hurley ever saw an
23
article or a press coverage regarding the
24
fact that Facebook was processing messages in
25
some way?
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A
2
Hurley.
3
Q
I don't know much about Michael
Did you ever see an article or press
4
coverage regarding the fact that Facebook was
5
processing messages in some way?
6
A
Not that I recall.
7
Q
Can you recall any other specific
8
people to whom you sent a Facebook message
9
containing a URL?
10
A
No.
11
Q
What other e-mail services -- sorry.
12
What e-mail services have you used?
13
A
Gmail.
14
Q
What time period would you say you've
15
used Gmail?
16
A
How many years?
17
Q
Yes, from when to when.
18
A
Probably ten years.
19
Q
So you would say from 2005 to now?
20
A
Probably, yeah.
21
Q
Any other e-mail services that you
22
used?
23
A
I used Hot Mail in undergrad.
24
Q
Do you use it now?
25
A
No.
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different ways to commute electronically,
2
would you agree?
3
A
Define "many."
4
Q
More than one.
5
A
Yeah.
6
Q
You don't have to use Facebook to
7
communicate.
Would you agree with that?
8
A
That's correct.
9
Q
Now that you know about this lawsuit,
10
why are you continuing to use Facebook to
11
communicate?
12
13
14
A
Because others send me messages that
I respond to.
Q
And earlier, though, you testified
15
that since learning of this lawsuit you, too,
16
have sent messages.
17
continued to do that?
So why have you
18
A
19
things.
20
sent since I have learned of this lawsuit.
21
But Facebook Messenger is how I've
22
communicated with friends in the past, and so
23
I haven't changed my behavior as of this
24
point.
25
Q
So I've sent messages in response to
I don't really remember what I have
And is there a reason for that?
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A
I'm not sure.
I don't know.
2
Q
Would you say that you've been harmed
3
by Facebook's actions that are challenged in
4
this case?
5
6
7
8
9
MS. GARDNER:
Objection.
Vague.
A
I don't know enough about it to know
whether or not I've been harmed.
Q
BY MS. RAJAGOPALAN:
Okay.
Based on
10
what you've been told that -- you said there
11
was a probability that it was happening
12
because there is a class action about it, do
13
you think that you have been harmed if that's
14
happened?
15
A
From what I know about the
16
possibility of Facebook accessing my
17
messages, I don't like.
18
19
20
Q
You don't like what?
Sorry.
You
trailed off.
A
I don't like Facebook accessing my
21
messages or the possibility that a Like
22
increase is going to happen on a page that
23
I'm not aware of.
24
25
Q
Would you say that you've been harmed
if that's happened?
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actually, for anyone other than yourself in
2
expressing that view?
3
A
No.
4
Q
Do you have any information -- I'm
5
sorry.
Let me back up.
Do you believe that
6
your Facebook messages have monetary value?
7
A
I don't know.
8
Q
Do you believe that they do?
9
Do you
think that they do or not?
10
A
I don't have a thought about it.
11
Q
Do you have information of any kind
12
that Facebook has targeted an advertisement
13
to you based on something that you put in a
14
message, whether it's a URL or something
15
else?
16
17
MS. GARDNER:
Objection.
Vague.
18
A
No, I don't think so.
19
Q
BY MS. RAJAGOPALAN:
You don't think
20
Facebook has done that or you don't think you
21
have any information to indicate that
22
Facebook has done that?
23
24
25
A
I don't think -- I don't know.
I
don't recall.
Q
You don't recall what?
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A
No.
2
Q
NPR?
3
A
Yes.
4
Q
Do you listen to it on the radio?
5
A
No.
6
Q
Do you go to the website?
7
A
No.
8
Q
Where have you read or gotten contact
9
from --
10
A
11
12
I see links on the news feed on
Facebook.
Q
Do you remember, on any of the
13
sources that you said that you do read or
14
have read, the New York Times, the New
15
Yorker, USA Today, have you read any articles
16
that seem like they would be relevant to what
17
we're talking about today?
18
A
Not that I can remember.
19
Q
Anything concerning the Facebook
20
messages product?
21
A
No.
22
Q
Anything concerning Facebook more
23
24
25
generally?
A
Not that I'm aware of.
There was a
time magazine article about Mark Zuckerberg,
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APP. 1372
CONFIDENTIAL
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but I didn't read it.
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Q
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all?
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A
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Do you remember what it was about at
It was about him.
I think he was on
the cover, maybe.
6
Q
Do you remember when this was at all?
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A
A couple of years ago.
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Q
I think that's it.
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A
Yay.
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MS. GARDNER:
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MS. RAJAGOPALAN:
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All right.
Can we go
off the record?
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(DEPOSITION ADJOURNED AT 2:08 P.M.)
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* * *
(NOTE:
Untranscribed steno notes
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archived ten years on computer;
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transcribed English files archived
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five years on computer.)
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* * *
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CONFIDENTIAL
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2
CERTIFICATE
I, Rosemary Tanzer, a Registered
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Professional Reporter, and a Certified
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Shorthand Reporter for Oregon and Washington
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Certified Court Reporter, hereby certify that
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said witness personally appeared before me at
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the time and place set forth in the caption
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hereof; that at said time and place I
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reported in stenotype all testimony adduced
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and other oral proceedings had in the
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foregoing matter; that thereafter my notes
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were transcribed through computer-aided
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transcription, under my direction; and that
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the foregoing pages constitute a full, true
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and accurate record of all such testimony
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adduced and oral proceedings had, and of the
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whole thereof.
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Witness my hand at Portland,
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Oregon, this 18th day of August, 2015.
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Rosemary Tanzer
OREGON CSR NO. 94-0299
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APP. 1374
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