Re:Uber finds one allegedly stolen Waymo file on an employee...
by willglynn on Wednesday April 05, 2017 @06:14PM
(#14046137)
This is a civil case, so Waymo's burden isn't "reasonable doubt", it's "preponderance of the evidence". In other words: is it more likely than not that Otto stole their tech from Waymo?
This is a much easier bar to clear as a plaintiff. It's the defense's job to make the case that it's more likely than not that they didn't do whatever they're accused of doing.
In this case specifically, one side has extensive computer records that strongly suggest wrongdoing, and the other side hasn't yet produced any evidence -- or even any statements -- contradicting that. Good luck, guys.
Re:Uber finds one allegedly stolen Waymo file on an employee...
by ExactoKnight on Thursday April 06, 2017 @05:24AM
(#14049083)
Without knowing the law, it seems like Uber could construct a viable legal defence around admitting that they inappropriately got access to these files, while simultaneously arguing that they should not face an injunction blocking work on self-driving technology, because the current technology they're developing differs significantly enough from the proprietary tech Google is trying to claim ownership over.
Re:Uber finds one allegedly stolen Waymo file on an employee...
by callmeal on Thursday April 06, 2017 @07:07AM
(#14049497)
But it's kinda telling that they are _not_ doing that, isn't it? Just shows how badly Uber screwed up and how Waymo's evidence of theft cannot be so easily dismissed.
Re:Uber finds one allegedly stolen Waymo file on an employee...
by pc86 on Thursday April 06, 2017 @09:49AM
(#14050439)
> Without knowing the law
The most important four words here.
Re:Uber finds one allegedly stolen Waymo file on an employee...
by ExactoKnight on Wednesday April 12, 2017 @11:49PM
(#14104022)
Would love to be told why the law says this defence wouldn't work.
Imagine this was a criminal case where person A is charged with hiring person B to kill person C. Exhibit A is a forum post made by person A asking someone to assassinate person C for $15,000, exhibit B is a $15,000 check from person A to person B, and exhibit C is the gun used to kill person C, legally purchased by person A a few months ago and left at the scene of the crime with person B's fingerprints on it. When called to testify in the trial, person B just claims the 5th amendment and contributes zero evidence either way to the trial. How do you prove that person A didn't hire person B to kill person C? That is easily enough evidence to satisfy a jury's "reasonable doubt" so how can you get out of such a predicament?
That's how bad it is for Uber. The above example is a no-win scenario for person A unless you can convince the jury that the check or the gun were planted by the police (or were otherwise fabricated evidence). Uber can't do that because Google's case is so strong and no one is able to deny the theft of all the files.