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What We Learned From Day 1 of the Uber and Alphabet Trial (arstechnica.com)

Recode highlights the presentations each side gave on Day 1 in the Waymo v. Uber trial: Alphabet's self-driving arm, Waymo, and Uber gave their opening statements in front of a jury on Monday, commencing the courtroom phase of what has already been a messy legal battle. The day was entirely about opening arguments, but both Uber's and Waymo's strategy centers largely on one thing: Our opponent stooped to the levels they did because they were afraid we would beat them. Uber claims Waymo's lawsuit is baseless and is only suing because they were upset they were losing top talent at a time when competing companies began gaining ground. Waymo claims Uber was worried about getting beat in the self-driving car race so it stole Waymo's trade secrets when it hired one of its former executives. If Uber loses the case, it could have to pay out millions of dollars in damages and potentially stall its self-driving efforts. For Waymo, losing the case will have largely reputational risks. Alphabet rarely, if ever, sues over any issues with people or other companies, which means this litigation carries a lot of weight.

Uber as the defense doesn't have to prove anything, just cast enough doubt on Waymo's claims. Waymo has to prove both motivation on the part of Uber to intentionally steal trade secrets, and that the information Uber stole was proprietary. "That was quite the story," Uber attorney Bill Carmody said in his opening statement. "I want to tell you right up front. It didn't happen, there's no conspiracy, there's no cheating, period end of story." It'll be up to the jury to determine if Waymo has presented enough evidence to prove that not only did Uber steal trade secrets, that the company was using them in their current self-driving technology. Painting Waymo as a company that was growing increasingly concerned over losing top engineers to Uber -- in addition to harboring personal grievances against Levandowski -- could help the ride-hail company convince the jury that Waymo had ulterior motives with its lawsuit.
Recode has a detailed list in their report of all the evidence Uber and Waymo presented against one another, as well as their strategies going forward.

25 comments

  1. Uber is a criminal organization by JustAnotherOldGuy · · Score: 3, Interesting

    Uber is a criminal organization, as has been shown time and time again by their premeditated illegal actions. They get caught and do the "Aw shucks oopsie ya got us" routine, pay a fine, and then go on to do it again.

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    1. Re:Uber is a criminal organization by justthinkit · · Score: 1

      I've always had the impression that Uber is going to go away, much like HD DVD did. Or merge, like Sirius did with XM. But then I was sure the Pats would win by 14.

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    2. Re:Uber is a criminal organization by Anonymous Coward · · Score: 1

      It's a schema which invested a lot of capital investment. They don't mind paying fines just for staying in the market and pump their numbers with that. Once the whole thing collapses, they'll take their bonuses and head to Bahamas.

    3. Re:Uber is a criminal organization by phantomfive · · Score: 2

      tbh it seems like the negative publicity has caused them to grow.

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      "First they came for the slanderers and i said nothing."
  2. Uber's ethics will be a problem by Anonymous Coward · · Score: 0

    Painting Waymo as a company that was growing increasingly concerned over losing top engineers to Uber -- in addition to harboring personal grievances against Levandowski -- could help the ride-hail company convince the jury that Waymo had ulterior motives with its lawsuit.

    Uber painting anyone as anything is going to be difficult with a jury that's at all familiar with Uber's lack of ethics.

    1. Re:Uber's ethics will be a problem by Anonymous Coward · · Score: 0

      That fact that Google already has emails showing that Uber's CEO had direct knowledge of the stolen tech shows that that Uber stole everything they have developed so far. Also, Google's LIDAR is propietary tech, yet somehow Uber knew the exact specs and ordered the exact same parts from the exact same vendors that Google use.

      Also anybody who believes that ANY company can design and develop a working prototype (from scratch) in only 6 months is a complete idiot.

    2. Re:Uber's ethics will be a problem by alvinrod · · Score: 1, Insightful

      Usually the people who end up on juries tend to be exactly the kind of people who can't get out of jury duty. I wouldn't be surprised if lawyers from both sides excluded anyone who has used Uber, let alone knows anything about them beyond that they're sort of some kind of taxi service. This is just another case that's going to drag out for weeks or months before becoming inconclusive and it doesn't matter what happens since it will be the first of many appeals.

    3. Re:Uber's ethics will be a problem by phantomfive · · Score: 2

      Most likely they found a jury that is not familiar with Uber's lack of ethics, and that is as it should be. Uber should be tried for this particular crime, whether or not they are unethical in general.

      "He looks like a bad guy so he's probably guilty" turns out to be a really bad way to run a courtroom.

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    4. Re:Uber's ethics will be a problem by glitch! · · Score: 1

      I disagree in this case. Intent is an important element of crime, and their previous "lack of ethics" should be a factor in considering intent.

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    5. Re:Uber's ethics will be a problem by vtcodger · · Score: 1

      I would imagine that anyone who knows anything about Uber has been excluded from the jury. Moreover, the evidence of Uber's numerous (alleged) indiscretions probably won't be given to the jury unless it is somehow directly relevant to the case.

      Nonetheless, I reckon I'd rather be a Waymo lawyer than an Uber lawyer. I don't think trying to defend Uber in this case is going to be much fun.

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    6. Re:Uber's ethics will be a problem by nasch · · Score: 1

      their previous "lack of ethics" should be a factor in considering intent.

      I don't think that's how it works: "Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait."

      https://www.law.cornell.edu/ru...

    7. Re:Uber's ethics will be a problem by wonkavader · · Score: 1

      Agreed, but the Waymo guys have to decide that's relevant and then educate the jury. (They get to do this while Uber shouts "Fake News" over and over in the background.)

    8. Re:Uber's ethics will be a problem by Anonymous Coward · · Score: 0

      Tried for a specific crime, yes but that does not exclude summarily shooting dead 1/2 dozen UBERites on general principles.

    9. Re:Uber's ethics will be a problem by Anonymous Coward · · Score: 0

      I ended up on a jury for child custody. The trial was to present evidence of failed drug tests (and masking attempts) by one parent and evidence of bad parenting by the other side. During voi dire, I mentioned that my work involves (a different type) of drug testing and my wife is a pediatrician who frequently sees failed parenting and has (HIPAA compliantly) described situations to me. 3 other jurors voiced history of drug abuse in close family members. All of us were selected (out of 60 candidates). So, even people trying to get out very frequently get chosen.

    10. Re:Uber's ethics will be a problem by Anonymous Coward · · Score: 0

      Lets hope that Uber will try to run on their "good guy" image, in which case all their shady dealings can be brought up to correct that misconception.

    11. Re:Uber's ethics will be a problem by Baton+Rogue · · Score: 1

      While this is an interesting scenario, I bet the dollar amount of the custody battle was far, far less than what is at stake in this trial. The lawyers on both sides have a very strong incentive to make sure that the jurors know as little as possible about the details so they cannot be prejudiced.

  3. Waymo will win by Spy+Handler · · Score: 2

    because they have waymo' dollars and lawyers than Uber does.

    1. Re:Waymo will win by Anonymous Coward · · Score: 0

      Not a fan of Google / Waymo .... but they will win for the simple reason that they have a very good case with very strong evidence of stolen tech.

    2. Re:Waymo will win by Paradise+Pete · · Score: 1

      because they have waymo' dollars and lawyers than Uber does.

      But this case is waymo important to uber than it is to waymo. If uber loses it's a huge setback, if waymo loses nothing changes.

    3. Re:Waymo will win by Actually,+I+do+RTFA · · Score: 1

      Both have essentially infinite resources. Tens of billions of dollars, and the need to win the case. This case will not be decided by who can outspend the other.

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  4. Lies, Damn lies, and opening statements by Anonymous Coward · · Score: 0

    Opening statements are just the stories the lawyers make up to try to convince the children (jury) to think and act the way they want them to. Sometimes the story is intended to be clear and straightforward, and sometimes it is meant to distract, misdirect, or confuse. But even juries that are clueless about details of the core of the lawsuit tend to be able to tell who is telling the truth, and who is lying. Uber may not need to prove anything, but they are far less likely to be able to pass the telling of the whole truth part, and the side that lies (the most) tends to lose the case (juries really dislike lairs).

  5. Douche Bag Central! by Frosty+Piss · · Score: 1

    Uber is going DOWN DOWN DOWN. Their history as Class "A" Douche Bags seals the deal even before the trial.

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  6. How did they get the emails? Gmail? by Anonymous Coward · · Score: 1

    How did google get Uber's emails? Did they use gmail?

    1. Re: How did they get the emails? Gmail? by Anonymous Coward · · Score: 0

      Via the legal system through a process of discovery.

      Uber was ORDERED to hand over the emails which were kept in their own servers

  7. So Uber was using Google Calendar to schedule? by adnoid · · Score: 1

    Not the sharpest move, I'd say. Considering what they were scheduling.

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