Jason Kint Profile picture
May 17, 2024 6 tweets 3 min read Read on X
Woah.
Google is effectively trying to buy out the United States by tendering a cashier's check for the claimed max damages from screwing industry with adtech market power abuses. US DOJ's adtech antitrust trial seeking to break them up is months away. 1/4 Image
And then with google's payment, they're trying to get it switched from jury to bench trial. The money is an after thought, what they clearly don't want is a jury of Americans reviewing damning evidence (see Bernanke) which may be harder to appeal leading to structural remedy. 2/4 Image
lol, G. The lawsuit is smart for jury as U.S. explained Google's alleged abuse so Americans understand it by comparing G's market power on all sides to wall street. Hell, Google's own executive made this analogy "if Goldman or Citibank owned the NYSE."
A jury will get this. 3/4 Image
So yeah, good luck with this one, Google. The point of the lawsuit is to break you up. Parallel adtech suits in EDTX and SDNY plus you lost app store suit (to a jury!), a search decision coming late summer and E.U. closing in on adtech, too. Walls closing in. You feel it? 4/4
Here is a link to the motion () they just filed. And then a thread on this lawsuit from when it was originally filed in January, 2023. 5/4 storage.courtlistener.com/recap/gov.usco…
ha ha, Google dug up a British constitutional law scholar as their expert on why the Seventh Amendment doesn't allow a jury of Americans to decide if Google screwed over the rest of the advertising industry. 6/4 storage.courtlistener.com/recap/gov.usco…
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More from @jason_kint

Feb 21
It's time to call it. AI is built on a house of cards of intellectual property violations starting with Facebook which is starting to look a lot like a crime scene as held back discovery documents begin to be compelled and unsealed in court. /1 Image
"what is the probability of getting arrested for using Torrents in the USA?" /2 Image
"Is this LibGen?"
"We suspect some of our competitors are using it" /3 Image
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Read 16 tweets
Feb 9
Rare weekend filing in the NdCal lawsuit that now includes allegations and evidence Facebook used torrenting with a massive pirated dataset to train LLaMA and only now is disclosing another 18,000 documents it failed to produce (now after Zuckerberg depo). Watch this space. 1/4 Image
The pirated dataset allegations matter because Facebook would not only be pulling in tens of millions of copyrighted works but also seeding them for others to download. Allegations are this went to the top. 2/4 Image
And here is where Facebook's going to have problems. Plaintiffs are now noting to the Judge - the same one in Facebook's record $700+ million privacy lawsuit - a familiar pattern of discovery abuse, gaslighting and delays. Same thing happened in DC Superior Court, too. 3/4 Image
Read 4 tweets
Jan 21
Woah. Sheryl Sandberg, former COO of Facebook, just sanctioned by Delaware judge for deleting emails ahead of trial this spring. This is the state pension shareholder case alleging the company overpaid the FTC and SEC in $5B+ settlements in order to protect Zuckerberg. /1 Image
Long after the books had been inspected and many lawsuits had played out, it was disclosed last year she had a personal Gmail account under a pseudonym that may have been used for relevant communications. /2 Image
The Judge here calls her a "high sophisticated individual." He probably doesn't know about the 2018 NYT report on how she carved out these issues in her Senate Intel testimony or how their lawyers were sanctioned on related discovery in California. /3 Image
Read 7 tweets
Jan 16
wow. This AI lawsuit against Facebook keeps getting worse as they reluctantly unseal documents on Court orders.
Check out this allegation. Not only two hrs before discovery cut-off but the Friday before we now know Mark Zuckerberg was deposed... /1 Image
Here is the bit from the newly filed and now unsealed third amended complaint. Allegations here Facebook used torrenting to download a pirated dataset to train LLaMA thereby also "seeding" pirated content globally. This is a BFD. /2 storage.courtlistener.com/recap/gov.usco…Image
In fact, it can be criminal so this count is in the third amended complaint and the state attorney general (hello, @AGRobBonta) should note these allegations here. As it relates to this case, it may also break their privilege claims since it alleged to further a crime. /3 Image
Read 8 tweets
Jan 14
wow. Upon Court order, incriminating exhibits were unsealed at 3:30am in an AI lawsuit against Meta. Once past a 'fake privilege,' it appears Zuckerberg approved the use of a highly controversial, pirated dataset.
Note OpenAI, too? AI companies with no ethics or guardrails. /1 Image
Here they acknowledge risk in media coverage, and massive EU fines, if "we have used a dataset we know to be pirated." So then you ask yourself the question, did they actually know it was pirated and use it? I uploaded docs - . /2 storage.courtlistener.com/recap/gov.usco…Image
To that question, here is how the internal project manager describes the dataset. Note the line (these are all my yellow highlights), "when sourced from copyrighted materials without the permission of copyright holders." /3 Image
Read 19 tweets
Jan 8
woah. This Friday? Too much moving on court dockets so I will surface for you. This matters, in this mega-Facebook case, as highly respected Chenault was Chairman of Facebook's board during its biggest scandals. WSJ reported he left board after disagreements with Zuckerberg. /1 Image
Here is the report on his departure, it includes reports of disagreements with Peter Thiel, too, over elections policies and "clashes" over moderation policies.
Btw, highly relevant to the last 24hrs of news. /2 wsj.com/articles/chena…Image
Moving on, Zuckerberg has also been noticed for deposition after "alleged wrongdoing on a truly colossal scale." He was already deposed last month in Hawaii for 7hrs. I would expect SEC closely compares transcripts to their 2019 depo which @zamaan_qureshi managed to unseal. /3 Image
Read 14 tweets

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