You may recall that we recently expressed some surprise when a defense firm’s social media discovery at issue in a recent Kansas case referenced Orkut, Google’s social media network.
The request for production at issue in that case read as follows:
Request No. 15: All documents constituting or relating in any way to any posting, blog, or other statement you made on or through any social networking website, including but not limited to Facebook .com, MySpace.com, Twitter.com, Orkut.com, that references or mentions in any way [The Defendant] and/or the matters referenced in your Complaint.
At the time, we quipped: “How curious to see a reference to Orkut in a social media discovery case! We wonder if the defendants had specific knowledge that the Plaintiff used Orkut or if that social media platform simply appears in all of their discovery requests.” As you might suspect from our comment, Orkut has always been a bit of an obscure network, never reaching the popularity of Facebook or Twitter.
Well, on July 5, 2014, just a few weeks after our posts referencing the social network, Orkut sent out an email (entitled “A Farewell To Orkut”) to its users. It read:
After ten years of sparking conversations and forging connections, we have decided it’s time for us to start saying goodbye to Orkut. Over the past decade, YouTube, Blogger and Google+ have taken off, with communities springing up in every corner of the world. Because the growth of these communities has outpaced Orkut’s growth, we’ve decided to focus our energy and resources on making these other social platforms as amazing as possible for everyone who uses them.
We will shut down Orkut on September 30, 2014. Until then, there will be no impact on you, so you may have time to manage the transition. You can export your profile data, community posts and photos using Google Takeout (available until September 2016). We are preserving an archive of all public communities, which will be available online starting September 30, 2014. If you don’t want your posts or name to be included in the community archive, you can remove Orkut permanently from your Google account. Please visit our Help Center for any further details.
It’s been a great 10 years, and we apologize to those of you still actively using the service. We hope you will find other online communities to spark more conversations and build even more connections for the next decade and beyond.
With respect to litigation, this development suggests that lawyers should investigate claimants’ Orkut usage, if any, with all deliberate speed before the service ends later this year. Additionally, lawyers referencing Orkut in their discovery requests may want to update their forms in the coming months. Goodbye, Orkut.