(All this stuff about the draft emails etc is about showing that Uber knew something was wrong before acquisition in August)
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ALSUP: It's possible that in the recounting of what it is that somebody told Levandowski, that Levandowski got it a little off. Or a lot off. Could be completely true or completely untrue.
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Back to Stroz. WAYMO: In talking to you, they were supposed to preserve evidence, yes? FRIEDBERG: Yes. WAYMO: They were supposed to tell the truth, yes? Friedberg hesitates because ~ complicated ~
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Now we're on to this memo, which describes a meeting with Levandowski, Kalanick, Poetzscher, and Qi. "He told them that there is 'stuff on them I don't want you to have and you don't want to have.'"
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"Poetzscher stated that Ron and Levandowski should not delete the disks so that Uber could understand what was on the disks (for preservation and record keeping purposes)."
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"Kalanick responded that they should not take advice from Poetzscher and that, if Ron and Levandowski possessed Google information, he did not want to know about it and did not want it at Uber. Kalanick told Levandowski to 'do what [he] need[ed] to do.'"
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Friedberg is a lawyer so he's backseat lawyering on the stand and being VERY DIFFICULT in answering these questions
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WAYMO: The protocol was that the diligenced employees should not delete information on their personal devices, yes? FRIEDBERG: I don’t know if that was communicated to them.
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WAYMO: The fact that they did it violated the protocol, didn’t it? .
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FRIEDBERG: I think that’s a complicated issue… for the reason that… there’s potentially an obligation to delete data that they identified. WAYMO: I didn’t ask you for your legal analysis of the obligation, I asked you if there was a violation of the protocol
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FRIEDBERG: If he saw the protocol and knew the protocol that would have been a violation of the protocol.
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Memo says that when Kalanick told Levandowski to "do what he needed to do," Poetzscher appeared uncomfortable. "Qi was quiet but appeared to be amused and astonished."
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ALSUP: Someone is hacking and coughing back there. Do you need a cough drop?
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This early memo says the Levandowski had the disks destroyed at a "mom-and-pop" shredder near the airport in Oakland, the DD report ends up being unable to determine whether the disks were actually destroyed. Waymo now going into that
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April 11, Stroz was not able to "obtain definitive information that they were destroyed," says Friedberg.
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It's a last access log, showing timestamps files were last accessed. (Could have been last accessed by an automated process btw)
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3/10/2016 last accesed "Aspen confidential and proprietary presentation re: self driving car"
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More rows. "Jpg - Picture of component of self-driving car"
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More pictures, more "Aspen confidential presentations"
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Spreadsheet containing a list of parts, quantities, and costs
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FRIEDBERG: We were processing about 1.5 million files. ... We were in the process in that early April period of ramping up the investigation and dealing with the data.
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Waymo establishing that Uber put the Stroz investigation on hiatus in April and only resumed in July after the Put Call agreement was signed.
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Kalanick did so well on the stand and the Stroz report, hearsay and all, may have completely undone it
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Levandowski's computer: Approximately 89k files and folders deleted between Nov 2015 and Mar 2016 Approximately 24,000 of which were located in the folder Users/anthony/Desktop/boards/chauffeur-svn/.svn” before they were moved to the trash on or around 12/14/2015
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Approximately 20,000 files were deleted between 2/8/2016 and 2/9/2016.
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Not only is it unlikely that we'll hear from Gurley today, it's unlikely we'll get to cross-exam of Friedberg by Uber. Friedberg probably is coming back tomorrow.
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Verhoeven and Friedberg quibbling over two folders that both have the word "board" in the name.
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Le chargement semble prendre du temps.
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