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Uber Must Provide Waymo With Data Regarding Its Otto Acquisition, Rules Court (thetechportal.com)

An appeals court today has ruled that Anthony Levandowski, the Uber executive accused of taking documents from Google's Waymo, can't use the Fifth Amendment to prevent Uber from turning over documents in the case. "The court has now directed Uber to provide data associated with its Otto acquisition to Waymo," reports The Tech Portal. From the report: Following the case, Levandowski invoked the fifth amendment, so as to prevent any other information which could implicate him from coming to the surface. Meanwhile, Waymo has been claiming that Levandowski and Uber signed an agreement with each other just a few days after the former quit his job at Google. The company has also asked Uber to provide it with a log containing details of the cab aggregator's legal involvement with Levandowski. Levandowski has been opposing the motion, stating that it would violate his fifth amendment. However, a new court ruling has quashed these hopes. With this ruling, Waymo can technically also request Uber for a copy of the due diligence report. The United States Court of Appeals for the Federal Circuit said: "Mr. Levandowski argues that he is entitled to relief under the Fifth Amendment because production of the unredacted privilege log could potentially incriminate him. We are not persuaded that the district court erred in its ruling requiring defendants to produce an unredacted privilege log."

32 comments

  1. All those dot com names... by Pseudonym · · Score: 1

    That is some first-class word salad right there.

    --
    sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    1. Re:All those dot com names... by Pseudonym · · Score: 1

      I like to crumble up day old fecal matter from the kitty litter box to add a little bit of flavor to things.

      Hey, that's how I named my startup, too!

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    2. Re:All those dot com names... by Anonymous Coward · · Score: 0

      I once met this big, sweaty, hairy lumberjack who let me eat out his unwiped anus. That was a real treat!

    3. Re:All those dot com names... by Anonymous Coward · · Score: 0

      Lucky! That manly, musty anal musk is such an aphrodisiac that I get all hard and want to shoot my load all over another man's penis and scrotum just thinking about it.

    4. Re:All those dot com names... by Anonymous Coward · · Score: 0

      yuck fucking FFAGGETS! u 2 faggets shud go suck ur dicks of!!

    5. Re:All those dot com names... by Anonymous Coward · · Score: 0

      We do.

    6. Re:All those dot com names... by Anonymous Coward · · Score: 0

      That's nasty! You must really hate Jesus Christ and God! Good Christians do not engage in anal or oral sex. The only sex that Good Christians engage in is missionary-style sex with members of the opposite sex. Anything else is inviting Hell and Damnation into your soul. Sometimes I get a slight chub when I look at a cute preteen boy, but when that happens I stifle those sinful urges by punching myself in the nutsack. I am a Good Christian. Not a homosexual.

    7. Re:All those dot com names... by Anonymous Coward · · Score: 0

      ...but I actually WANT crap in my salad.

    8. Re:All those dot com names... by Anonymous Coward · · Score: 1

      Yeah, but if you go to Walmart you can buy your own greens and make a better salad. I like to crumble up day old fecal matter from the kitty litter box to add a little bit of flavor to things. Also, Trump did NOT win the popular vote! NOT my president!

      Doesn't matter. He is indeed your president. Enjoy. Trump being president is very much the fault of the DNC. If you want to be angry, be angry at them for handing over the presidency on a silver platter.

    9. Re:All those dot com names... by Anonymous Coward · · Score: 0

      Recently I was craving a huge black cock up my ass, so I punched myself in the anus. My arm was stuck, elbow deep, in my colon for 3 days! What a horrible experience that was.

      Now when I think about big black dicks up my ass, I just insert a rusty metal spike instead. That will teach my ass not to be naughty!

  2. Re: eating salad by slashrio · · Score: 1

    Yeah, but if you go to Walmart you can buy your own greens and make a better salad.

    Just make sure you don't touch the receipt.

    --
    "Trump!!", the new Godwin.
  3. Uber is toast. by Anonymous Coward · · Score: 0

    Kalanik is a bully who should be in jail. The $70bn valuation completely out of line with reality; it's bigger than the entire industry it targets. Even if it's 100% successful, it won't provide an ROI. And, they've basically got no competitive advantage that can't be easily replicated.

    Get away from Uber and any businesses in a relationship with Uber. It'll be gone in 2020.

    1. Re:Uber is toast. by Anonymous Coward · · Score: 0

      It's already been shown that the money Uber charges for rides only covers about 40% of the actual cost, with the remainder being paid out of money Uber has taken from investors. And, Uber has a food delivery business now, UberEats, a business that many others have tried in the past and always failed.

      I just don't see how Uber can continue like this much longer.

  4. Duh... fifth amendment doesn't cover evidence... by Anonymous Coward · · Score: 0

    Idiot. The fifth amendment only covers being forced to testify against yourself. It doesn't cover being forced to produce documents that will incriminate you (otherwise known as 'discoverable evidence'). Done something criminal and written it down somewhere and shared it around with coconspirators? Well that was pretty fucking stupid of you, wasn't it?

  5. Your Honor... by mutantSushi · · Score: 2

    We believe Uber should not have to provide this information. We already uninstalled the app, so any more information would be a violation of our privacy. ...Ooops...

  6. Re:Duh... fifth amendment doesn't cover evidence.. by Anonymous Coward · · Score: 0

    Google sues Uber
    Uber claims that they don't have the stolen documents, this other guy has them

    It's a novel, but apparently unsuccessful, legal strategy.

  7. 5th amendment applies to testimony only by mysidia · · Score: 2, Interesting

    The United States Court of Appeals for the Federal Circuit said: "Mr. Levandowski argues that he is entitled to relief under the Fifth Amendment because production of the unredacted privilege log could potentially incriminate him.

    The privilege log is a DOCUMENT.
    Since when did the 5TH Amendment apply to Documents or other Tangible written evidence, Ever?

    As far as I know, if you commit a crime and write something about it in your private diary, then Yes, the police ARE allowed to use it against you, and you can be prosecuted in court based on this evidence. Hell..... they can even use it against you if you make a note about it on your smartphone and secure it with a passcode. Courts have ordered people to hand over their passcodes.

    So why would the guys at Uber think this would go any differently than the well-established standard that once a piece of information is made into a tangible form, whether written to a piece of paper, Or saved to a hard drive, the 5th amendment does not protect the medium from seizure, analysis, and compulsory decryption if necessary to access the info, And the 5th amendment no longer protects the information once recorded?

    1. Re:5th amendment applies to testimony only by TheCastro1689 · · Score: 1

      http://www.slate.com/blogs/fut... It's still in courts and depends on your district.

    2. Re:5th amendment applies to testimony only by rtb61 · · Score: 1

      They can force you to hand over the phone, the problem is there is no legal way to force some one to remember something because if you legitimately forget or for any reason lacked the knowledge, then would in fact be slowly but surely psychologically torturing you to death with an infinite jail sentence for refusal to comply with the impossible.

      --
      Chaos - everything, everywhere, everywhen
    3. Re: 5th amendment applies to testimony only by Anonymous Coward · · Score: 0

      Uber/Lewindosky's argument is tantamount to arguing that the cops shouldn'tâ dig in a murderer's back yard because they might find more incriminating evidence. Total bullshit!

  8. I know Uber has been by H3lldr0p · · Score: 2

    fucking itself over as of late but I didn't realize it had moved on to fucking itself over using a baseball bat with rusty nails sticking out of it.

  9. Don't believe google's lies by slashdice · · Score: 1
    To recap: Uber hires ex-googler. Google sues. ex-googler does everything possible to make sure Uber looks bad and loses the lawsuit.

    Consider this: what if Levandowski is conspiring with Google to fuck over Uber? Waymo is pretty much dead. Everyone else -- Uber, Tesla, GM, Ford, even fucking Chrysler -- is ahead of them. So here's the real timeline:

    Uber approaches Levandowski about laundering some documents. Levandowski talks to Larry Page about it (not enough attention is being paid to this conversation!) and they agree to fuck over Uber by "stealing" garbage research. Uber signs an agreement with Levandowski promising buy his company -- and cover all personal legal fees -- before he even quits google. He quits google, starts Otto, and Uber buys them up in a couple months. A couple months later, Google sues. Levandowski is now doing everything possible to make Uber lose this lawsuit.

    --
    Copyright (c) 1990 - 2014 Dice. All rights reserved. Use of this comment is subject to certain Terms and Conditions.
    1. Re:Don't believe google's lies by Anonymous Coward · · Score: 1

      I don't think you know very much about the industry.

      "Waymo is pretty much dead... even fucking Chrysler -- is ahead of them."

      Chrysler's driverless car program *is through* Waymo. And Waymo has a pile more road hours and proven functionality than any of the competition. Your conspiracy theory seems pretty far-fetched, although of course nothing's impossible.

    2. Re:Don't believe google's lies by Anonymous Coward · · Score: 0

      The stupid is strong in this one...

  10. 5th amendment = self incrimination by Anonymous Coward · · Score: 0

    You can't use the 5th amendment to suppress evidence. It's just to keep you from having to testify against yourself.

    Uber turning over documents is not him testifying against himself. It's just evidence discovery.

    duh

  11. So... by Anonymous Coward · · Score: 0

    what you're saying is, Uber must provide WayMo data than it already has?