Vocabulary word of the data: Agnotology http://www.qwiki.com/q/#Robert_N._Proctor
Or if you prefer the classical term: http://en.wikipedia.org/wiki/Obscurantism
The $3.5M Sequoia investment wasn't very risky considering Chad, Steve and Jawed had over $20M collectively in 2004. I have a negative net worth (school loans). Who the hell would invest in someone who had no way of paying you back? When I approached firms and individual investors with YouTube as a business concept from 1998-2003, they all declined.
1) In fact, the day I first talked to Chad I sent myself an email using Gmail. It's in the Gmail archive. The only way to see that email is to subpoena evidence. The only way to subpoena evidence is to get into a discovery phase of a case. The only way to get into a discovery phase of a case is to sue someone, except Rule 11 makes it impossible to subpoena even your own records. This would have proved I talked to them and what I talked to them about around February 14th, 2005.
2) There is another email that was lost at CMU that was sent between myself and Don Marinelli in 1997. This would have proved prior art, and a history of me pitching the company idea.
3) There were several witnesses: Don Marinelli, Scott Stevens, a woman at PayPal who transferred me to a switchboard operator, who then transferred me to Chad Hurley's cellphone. I was unable to a) probe PayPal with subpoenas to figure out the name of the woman who transferred me, b) depose my own witnesses, due to the Rule 11 threat. The woman's testimony would have been key to establishing that the calls occurred, as well as the content of the calls.
4) Another way to garner information would have been to depose the founders, as was scheduled on May 6, 2010. However, due to the Rule 11 threat, the judge ruled my attorneys weren't able to depose anyone - negating our entrance to the "discovery phase". In an interview at the "Streamys", viewable at www.NoPersonCommittee.org you can watch Chad mutter things about this just a few days prior to our scheduled depositions which, at the time, Chad thought he would have to undergo, videotaped.
5) I was unable to acquire my own cellular phone records (the real ones, not the garbage AT&T spewed out with redacted information) due to the same reasons I wasn't allowed to subpoena records from Google or depose the founders. This would have proved I talked to them in January and March of 2005.
6) I was unable to cross-reference my own cellular phone records with the phone records of Chad and Steve because they refused to answer those questions on the interrogatories, and we never deposed them. This would have proved I talked to them in January and March of 2005.