Campbell et al v. Facebook Inc.

Filing 184

EXHIBITS re 181 Administrative Motion to Seal Documents Accompanying Class Certification Briefs and Evidentiary Objections filed by Facebook Inc.. (Attachments: # 1 Exhibit 53 (Redacted), # 2 Exhibit 54 (Unredacted), # 3 Exhibit 55 (Redacted), # 4 Exhibit 56 (Unredacted), # 5 Exhibit 57 (Redacted), # 6 Exhibit 58 (Unredacted), # 7 Exhibit 59 (Redacted), # 8 Exhibit 60 (Unredacted), # 9 Exhibit 61 (Redacted), # 10 Exhibit 62 (Unredacted), # 11 Exhibit 63 (Redacted), # 12 Exhibit 64 (Unredacted), # 13 Exhibit 65 (Redacted), # 14 Exhibit 66 (Unredacted), # 15 Exhibit 67 (Redacted), # 16 Exhibit 68 (Unredacted), # 17 Exhibit 69 (Redacted), # 18 Exhibit 70 (Unredacted), # 19 Exhibit 71 (Redacted), # 20 Exhibit 72 (Unredacted), # 21 Exhibit 73 (Redacted), # 22 Proof of Service)(Related document(s) 181 ) (Chorba, Christopher) (Filed on 3/28/2016) Modified on 3/29/2016 (kcS, COURT STAFF).

EXHIBIT 5

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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
Page 1
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it, which is an association type and user next to
02:56:42
it.
Q. What does no props mean?
A. That just means that this tool was not
able to find properties on the association type.
02:57:06
Q. And what association type was it looking
for there?
A. 37619379530.
Q. Do you know why it was looking for that?
A. This tool just displays any raw
02:57:25
associations we can find.
Q. And then how about the, above that, the
top line there which says props, and then OBJ
greater than user, do you see that?
A. Yes.
02:57:41
Q. What does that mean?
A. I wouldn't be able to tell without loading
the association type.
Q. And how would you go about loading the
association type?
02:57:53
A. I would load the association type into our
association type tool, and also scanning it through,
looking for the association type within our code
base.
Q. And what's your association tool, what's 02:58:10

1 anything, because they were prototyped products, and 03:00:24
2 any engineer can build a system to add any
3 associations between any objects.
4

Q. If you had access to, to your Facebook

5 terminal today, could you, would you have the means
7

A. I'm not sure I could do this for

8 everything.
9

Q. Could you do it for some things?

10

A. Yes.

11

Q. Which ones do you think you would be able

2

02:58:13

A. That would be the, I believe that would be

3 the TAO schema tool.
4

Q. What is an association, as that term is

5 used at the top of page 6014, Bates 6014?
6

02:58:44

A. It is a entry within TAO linking this

7 global share to a user ID, sorry, to any ID.
8

Q. So an object ID, a user ID, any ID, any

9 identification number created by Facebook.
10

A. Yes, depending on the type.

02:59:21

11

Q. What types are included, what types of IDs

12 are included in this list of associations?
13

A. I wouldn't be able to give you an

14 exhaustive list, but the ones listed for this object
15 are on the left, left-hand column.
16

02:59:37

Q. Can, in the left-hand column under the

17 props, colon, OBJ greater than user line or column?
18

A. Yes.

19

Q. And can you tell what type of ID the

20 2540961 number is?

02:59:58

21

A. No.

22

Q. Is there any way to ascertain what any of

23 these associations are on the left-hand column
24 because of, for example, the number of digits?
25

A. There is not. Some of them may not mean

03:00:20
Page 171

03:01:13

12 to identify?
13

A. For instance, I think I know the last

14 association.
15

Q. So what page are you looking at?

16

A. Looking at page 11, 6019.

17

Q. Uh-huh.

18

03:01:27

A. I believe those, the object marker

19 association, I could identify that.
20

Q. How so?

21

A. I believe I've seen the association

03:01:42

22 before.
23

Q. You mean that exact number?

24

A. No. The type --

25

Q. Okay.

Page 170
1 the name of it?

03:00:55

6 to identify what those associations were?

03:01:54
Page 172

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A. -- used in our code base.
03:01:55
Q. And what type is that?
A. It's a type which indicates who has marked
this as spam, or abusive.
Q. And are there particular digits there that 03:02:06
allow you to make that conclusion?
A. I think it's the name of the type.
Q. The OBJ to marker?
A. Yes, OBJ to marker.
Q. So, what has been marked as spam or
03:02:29
abusive in, on page 11 of 29?
MR. CHORBA: Objection. Lacks foundation.
THE WITNESS: What do you mean, what?
BY MR. CARNEY:
Q. Is, looking at the OBJ to marker entry
03:02:56
there, and that looks like maybe 12 or 16 digit
number?
A. Yes.
Q. What is that number? Is that number an
object?
03:03:11
A. To the right, or right underneath OBJ -Q. Right underneath, which begins 101501.
A. I believe that is the number indicating
the type of OBJ to marker.
Q. I see.
03:03:28
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1 line of this e-mail.
2

1 able to answer that question.

04:50:44

2

MR. CHORBA: Objection. Lacks foundation.

04:53:58

Q. Are there documents that you could review

3 that you know exist that would allow for you to

3 Calls for speculation.

4 answer the question?

4

You can answer, if you know.

5

THE WITNESS: I don't know exactly what

5

A. Yes.

6 meant in the title of this diff.

6

Q. What are they?

7 BY MR. CARNEY:

7

A. Facebook source code.

8

8

Q. And how would you find the lines of code

04:50:59

Q. Do you recall whether you performed a code

9 that would answer that question if you had access to

9 review of adding post-processing step to fetch the
10 share and like associations?

04:54:12

10 the source code in the room today?

04:51:14

04:54:22

11

A. I don't recall.

11

A. I would look back to December 3, 2010 and

12

Q. Would the, would a record have been

12 see if that code existed before this revision.

13 preserved at Facebook which would reveal whether in

13

14 fact you had performed such a code review?

14 the question without any temporal limitation.

15

A. Yes.

15

16

Q. And where would that information reside?

16 the fetching of like information for purposes of

17

A. In the revision detail link.

17 providing recommendations?

18

Q. In what system?

18

19

A. In this document.

19 know you intended to lift the temporal limitation,

20

Q. So, if I clicked on the link there,

04:51:30

Q. I did limit that temporally. Let me ask
Is there code at Facebook which allows for 04:54:48

MR. CHORBA: Objection. Vague as to time. I

20 but are you talking about today?

04:51:45

04:55:09

21 tools.Facebook.com/D188969, that information would

21

MR. CARNEY: At any time.

22 be revealed?

22

THE WITNESS: I'm not sure if there is code at

23

A. Yes.

23 Facebook which allows for the fetching of like

24

Q. What is, taste, as the term is used in

25 this document?

24 information for the purposes of providing
25 recommendations, other than what was introduced or

04:52:01
Page 226
04:52:02

1 supposedly introduced in this.

1

MR. CHORBA: Objection. Lacks foundation.

2

You can answer, if you know.
THE WITNESS: Taste is a back end for providing

3

04:55:29

2 BY MR. CARNEY:

3

04:55:26
Page 228

5 BY MR. CARNEY:
6

Q. What types of things are recommended by

4 the taste back end?

4 recommendations.
Q. And what does, back end, mean in that

5

MR. CHORBA: Objection. Vague.

6

04:52:12

THE WITNESS: What do you mean by, types of

7 answer you just gave?

7 things? Just --

8

04:56:04

8 BY MR. CARNEY:

A. It is a server that a, a web server would

9

9 communicate with to fetch information.
10

Q. And what is a recommendation?

11

04:52:31

A. A recommendation is a link, typically, a

Q. Is it consumer goods? Is it restaurants?

10 Is it trips? I have no idea.

04:56:28

11

A. It depends on the time period in question.

12 link that we think a user would find relevant.

12

Q. Okay. How about in 2011?

13

13

A. In 2011, I believe it was only URLs.

14

Q. And would they be URLs that included

Q. And how is that information presented to

14 the user?
15

A. For this particular diff, it would have

04:52:55

15 commercial URLs, that is, commercial companies

16 been presented in a social plugin called the
17 recommendations plugin.

17

18

04:56:47

16 selling products to consumers?
18 URLs.

Q. Subsequent to December 2010, was there

19

19 code which allowed for the fetching of like
20 information for purposes of providing

04:53:38

A. I don't think it differentiated between
Q. And how, were you involved in drafting

20 source code for purposes of identifying

21 recommendations?
22

A. I'm not sure.

22

A. Not directly.

23

Q. Who would best be able to answer that

23

Q. Indirectly?

24

04:57:01

21 recommendations?

A. Well, we've previously established that I

24 question?
25

A. I'm probably the person who would best be

25 wrote the code to add a counter, and I believe that
04:53:56
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04:57:27
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1 code was indirectly used to provide recommendations. 04:57:35
2

Q. How?

3

A. The counts were taken into account to

4 assess the relative engagement or popularity of a
5 given URL. More popular URLs are more likely to be

04:57:51

6 recommended.
7

Q. You -- I limited that question temporally

8 to 2011.
9

Did it change in 2012?

10

A. I don't know.

11

Q. Turning your attention to 17, the document

04:58:06

12 that we've been talking about -13

A. Yes.

14

Q. -- has the, can you tell by looking at

15 this e-mail whether the code to accomplish these

04:59:17

16 tasks had been written and was complete, and your
17 role was to review it, or had it not been written
18 yet?
19

A. I can't tell from this document. I'm also

20 not sure what you meant by -21

04:59:45

Q. Okay. And, I understand the confusion, I

22 think. Do you know whether

ever wrote code

23 that provided for adding a post-processing step to
24 fetch the share and like associations?
25

A. I don't know.

05:00:15

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Q. How about 6386?
05:02:19
A. No.
Q. 6387.
A. No.
Q. Okay. If you'd look at the text that's
05:02:43
drafted by Mr. Liu at 6:16 p.m, they are sort of in
the middle of 6387, do you see that?
A. Yes.
Q. Do you know what previous bug number
444663 relates to?
05:02:57
MR. CHORBA: Objection. Lacks foundation.
THE WITNESS: No, I don't know.
BY MR. CARNEY:
Q. In February of 2011, was
logging all shares, that is, including posts and
05:03:37
nonposts? I'm just reading on here.
MR. CHORBA: Objection. Lacks foundation.
THE WITNESS: I don't know for sure.
BY MR. CARNEY:
Q. Who would know the answer to that
05:04:00
question?
A. I would best know the answer to that
question. I believe, in a timeline that counsel has
provided, it would have delineated the time periods.
I'm unable to recall, given a time, what the state 05:04:17
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Q. We talked earlier and you just mentioned 05:00:27 1
about the code to add a counter.
2
A. Yes.
3
Q. Remind me, what did you add a counter to?
4
A. This is the ENTGlobalShare.
05:00:39
5
Q. And are URLs embedded in private messages,
6
do they give rise to global shares?
7
MR. CHORBA: Objection as to form.
8
THE WITNESS: Not necessarily.
9
BY MR. CARNEY:
05:01:04
10
Q. In some instances?
11
A. Based on the instances we previously
12
discussed, and, under all those conditions, yes,
13
they can.
14
Q. Okay.
05:01:12
15
(Exhibit 18 was marked for identification
16
by the court reporter and is attached hereto.)
17
BY MR. CARNEY:
18
Q. Mr. He, if you'd look at that document and
19
identify it, if you can.
05:01:48
20
A. This appears to be a printout of a
21
automatically created task e-mail.
22
Q. Can you tell by looking what information
23
is redacted there on page 16385?
24
A. No.
05:02:16
25

of the world was.

05:04:20

Q. What do you mean by, timeline?
A. I mean, a document listing a sequence of
events and dates.
Q. And who prepared the timeline?

05:04:43

A. I believe, counsel.
MR. CHORBA: Can we have a second to confer. I
think we might be able to cut through this.
MR. CARNEY: Yeah.
MR. CHORBA: Take your mike off for a second.

05:04:56

We don't have to go off. Just give me one second.
(Counsel conferred with the witness.)
MR. CHORBA: I think, I think he's talking
about the Alex Himel declaration that had the diffs.
MR. CARNEY: Okay.

05:05:12

MR. CHORBA: He's referring to it as a
timeline.
MR. CARNEY: Great. Okay.
BY MR. CARNEY:
Q. Let me see if we can pull that document,

05:05:23

and then we won't force you into a crushing
memory -A. Exercise.
Q. Yes.
(Exhibit 19 was marked for identification

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05:06:03
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1
describes a user, a Facebook user.
06:28:07
2
Q. Can you give me an example.
3
A. My user ID is
4
Q. Truly -- okay. And then what is an object
5
ID, something in the, what is something in the
06:28:24
6
object ID range?
7
A. For example, if you look at Exhibit 14,
the ID listed at the top.
8
9
Q. An that's the ENTGlobalShare ID?
10
A. Yes.
06:28:39
Q. Can you define the term, stored, as you
11
used it in your answer?
A. In this answer, or -12
Q. Uh-huh, yeah.
13
A. In this answer, I mean a persistent store. 06:28:58 14
Q. Let's capture the databases that are
15
16
involved in holding objects and associations created
17
from private messages prior to persistent storage.
18
A. That would be on the web server itself,
19
within RAM.
06:29:27
20
Q. Any other places other than -- is web
21
server a class of database?
22
A. It's a class of server. A database is a
23
different class of server.
24
Q. What's the difference between a server and 06:29:50 25

I, RAY HE, do hereby declare under penalty of
perjury that I have read the foregoing transcript,
volume I; that I have made any corrections as appear
noted, in ink, initialed by me; that my testimony as
contained herein, as corrected, is true and correct.
EXECUTED this _____ day of _____________,
201___, at __________________, ___________________.
(City)
(State)

______________________________
RAY HE
VOLUME I

Page 272

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1 a database?

06:29:51

2

A. One is a subset of the other.

3

Q. Which is a subset of the other?

4

A. A server can host a database.

5

Q. Other than -- I may have asked you this;

06:30:17

6 if I did, I apologize -- other than the web server,
7 are there any other databases or servers that are
8 involved in the storage of objects and associations
9 with respect to private messages prior to persistent
10 storage?

06:30:39

11

MR. CHORBA: Objection. Asked and answered.

12

THE WITNESS: No.

13

MR. CARNEY: Okay. Thank you.

14

MR. CHORBA: Thank you.

15

THE VIDEOGRAPHER: This marks the end of volume 06:30:50

16 1, disk 4, and concludes -17

MR. CHORBA: Let me make clear, we're

18 designating this highly confidential, attorneys'
19 eyes only, subject to review.
20

MR. CARNEY: Yeah. Thanks.

21

THE VIDEOGRAPHER: This marks the end of volume

06:31:00

22 1, disk 4, and concludes the deposition of Ray He.
23 The time is 4:31 p.m., and we are off the record --

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I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby
certify:
That the foregoing proceedings were taken
before me at the time and place herein set forth;
that any witnesses in the foregoing proceedings,
prior to testifying, were duly sworn; that a record
of the proceedings was made by me using machine
shorthand which was thereafter transcribed under my
direction; that the foregoing transcript is a true
record of the testimony given.
Further, that if the foregoing pertains to the
original transcript of a deposition in a Federal
Case, before completion of the proceedings, review
of the transcript [X] was [ ] was not requested.
I further certify I am neither financially
interested in the action nor a relative or employee
of any attorney or party to this action.
IN WITNESS WHEREOF, I have this date subscribed
my name.
Dated:10/9/15

24 6:31 p.m, and we are off the record.
25

(Time noted: 6:31 p.m.)

25

06:31:15

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CHRIS TE SELLE
CSR No. 10836
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