N.D. Cal.: If parties wanted total privacy, they should have arbitrated the case

by Dell C. "D. C." Toedt III on 2021-04-12

This is making the rounds in the tech / IP bar:

The United States District Court is not a wholly owned subsidiary of either TRT or Facebook Technologies. If the parties wanted to proceed in total privacy, they should have arbitrated this dispute. Instead, they brought this dispute to a public forum that belongs to the people of the United States, not TRT or Facebook. The United States people have every right to look over our shoulder and review the documents before the Court. The standard under Kamakana is not met for any document.

Total Recall Technologies v. Luckey, No. C-15-02281, slip op. (N.D. Cal. Mar. 25, 2021) (Alsup, J., denying motion to seal) (emphasis added). (Hat tip: Prof. Eric Goldman.)

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