Comment Re:Inadvertently attached to an unintended recieve (Score 2) 63
Remember the thread yesterday about police subpoenaing Amazaon's Alexa recordings on a murder investigation? Can an email provider such as google or microsoft be required to supply email threads in a discovery proceeding? What about third party planning/scheduling/defect management/configuration management software? It is one thing if the data resides in the customer's computers/servers and the software vendor never had access to the data. But now a days I see lots of "cloud based" software doing this. Many companies use companies with names like AgileRally or CloudCentral. The entire history of user stories, discussions, projects plans, defects and corrections are archived at some fine grained detail in their servers. If they get subpoenaed in some discovery proceeding on such a patent lawsuit, how strongly would they protect their client's confidentiality? They might have contract to protect it, but at some point the cost of protecting the client might not be worth it for them and they might throw them under the bus.
I don't think there's any question that Google or Microsoft could be required to provide email threads and other data. I think what was novel about the Alexa recordings was the realization that the data exists and that a conversation could be recorded without necessarily being aware that it was.
There is no such expectation with email - when you send an email there is no question that the recipient is going to have a record of it; and most people are clueful enough to realize that their email provider and the recipient email provider also have a copy.
The more interesting question is probably whether Waymo can get Google to provide email records and such without court involvement. Though if you're going to do that sort of thing like steal secrets from Google, you'd have to be pretty daft to host your email with Google.