Apple's homework is due Monday no matter what, says judge

Original Article ↗ Hacker News Discussion ↗

Jurisdiction and court’s stance on delays

  • Some commenters initially assume an EU context where last‑minute filings are “punished”; others correct that this is a US case in the Northern District of California.
  • Multiple comments stress the judge’s reasoning: Apple allegedly misrepresented discovery progress in status reports, then suddenly asked for more time, which is seen as a delay tactic.
  • Clarification that Apple was not “punished” for requesting extra time; the request was simply denied.
  • Others note that in US practice, last‑minute filing to disadvantage the opponent is common for motions and briefs, but courts are far less tolerant of last‑minute requests to bend procedure when the requesting party could and should have known the constraints earlier.
  • Mention that this kind of ruling is typical of a discovery special master keeping parties in line.

Discovery scope and “1.3 million documents”

  • “Document” is interpreted broadly: emails, memos, meeting notes, SMS/iMessage, chat threads—essentially any written record.
  • Some are surprised such a volume is necessary for an established digital storefront; others describe it as a standard result of wide keyword searches over many years.
  • One description: queries like “all communications over 10 years containing ‘epic’, ‘revenue split’, ‘monopoly’, ‘shut out competitors’,” then reviewed with a mix of AI tools and junior legal labor.

Intent, self‑incrimination, and justice theory

  • One commenter questions whether such discovery is desirable, as it effectively probes what people were thinking, raising self‑incrimination and moral‑intent concerns.
  • Others respond that many crimes and legal violations depend on mental state (mens rea); intent is a core part of distinguishing “wrong” from “illegal.”
  • It’s noted that Fifth Amendment self‑incrimination protections apply to criminal matters; in civil cases you can be compelled to produce harmful evidence.
  • Another clarification: even in civil cases you generally cannot be forced to provide evidence of your own crimes; refusal can, however, allow the court to draw an adverse inference against you.