Apple Inc. v. Amazon.Com, Inc.

Filing 20

Declaration of John Wright in Support of 18 MOTION for Preliminary Injunction NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION filed byApple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 18 ) (Eberhart, David) (Filed on 4/13/2011)

1 DAVID R. EBERHART (S.B. #195474) deberhart@omm.com 2 RYAN J. PADDEN (S.B. #204515) rpadden@omm.com 3 DAVID J. SEPANIK (S.B. #221527) 4 O’MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, CA 94111 Telephone: (415) 984-8700 Facsimile: (415) 984-8701 dsepanik@omm.com 5 6 7 Attorneys for Plaintiff APPLE INC. 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 APPLE INC., a California corporation, 13 14 15 16 17 Plaintiff, v. Case No. CV 11-01327 PJH DECLARATION OF JOHN WRIGHT IN SUPPORT OF APPLE INC.’S MOTION FOR PRELIMINARY INJUNCTION AMAZON.COM, INC., a Delaware corporation, and AMAZON DIGITAL SERVICES, INC., a Delaware corporation, Defendants. 18 19 20 21 22 23 24 25 26 27 28 DEC. OF WRIGHT ISO APPLE INC.’S MOTION FOR PI CASE NO. CV 11-01327 PJH 1 2 I, John Wright, pursuant to 28 U.S.C. § 1746, hereby declare as follows: 1. I am currently the Director of Core OS Platform Technologies for Apple Inc. 3 (“Apple”). I submit this declaration in support of Apple’s motion for preliminary injunction 4 against Amazon.com, Inc. (“Amazon”). 5 2. In my capacity as Director, I am responsible for low-level system software and 6 security mechanisms for iOS, Apple’s operating system software for the iPhone, iPod touch and 7 iPad devices. I have personal knowledge of the information provided within this declaration and 8 would testify under oath to that information if called as a witness. 9 3. I am aware that Amazon has recently launched its own download service under the 10 name APPSTORE and I have personally visited Amazon’s mobile software download service on 11 www.amazon.com/apps. Amazon appears to license only software for use on Android operating 12 systems. 13 4. Amazon’s site indicates that some applications available from Amazon’s service 14 will not work unless the mobile device is “rooted.” Attached hereto as Exhibit A is a true and 15 correct copy of a screenshot of Amazon’s webpage at 16 http://www.amazon.com/gp/feature.html?docId=1000626391&ref=mas_gs. 17 5. “Rooting” means that the security features in the Android operating system have 18 been bypassed and that the user has the highest level of access—known as “root” access—to the 19 mobile device. In turn, this means that applications running on such a device have the highest 20 level of access to the operating system without constraint by security features. Such high level 21 access substantially increases the damage that malware or a virus can wreak on a mobile device. 22 Apple’s APP STORE, by contrast, does not offer applications for “rooted”—or, in the parlance of 23 hackers of iOS devices, “jailbroken”—iOS-based mobile devices. Attached hereto as Exhibit B 24 are articles discussing the process or rooting an Android device and some of the problems that 25 arise as a result. [http://www.androidcentral.com/rooting-it-me-some-qa; 26 http://www.computerworld.com/s/article/print/9213800/Android_Security_Six_Tips_to_Protect_ 27 Your_Google_Phone?taxonomyName=Security&taxonomyId=17; http://arstechnica.com/open- 28 source/news/2011/03/malware-in-android-market-highlights-googles-vulnerability.ars; -2- DEC. OF WRIGHT ISO APPLE INC.’S MOTION FOR PI CASE NO. CV 11-01327 PJH 1 http://www.cnet.com/8301-19736_1-20026340-251.html?tag=mncol;3n; 2 http://www.pcworld.com/article/184077/the_motorola_droid_gets_rooted.html] 3 6. I am aware that one commentator recently addressed Amazon’s decision to license 4 software that may require users to “root” their devices, explaining that “[g]iving you root access 5 runs the risk of giving the world root access, and that means your device could more easily be 6 hacked and/or taken over by the bad guys.” The commentator characterized Amazon’s decision 7 as “a very questionable position for a mainstream retailer to put itself in.” The article predicts 8 that “Amazon is going to have some customers that don’t understand the rooting issue, and that 9 will lead to some unhappy customers. Worse, it will also lead to some users rooting their devices 10 that simply shouldn’t be doing so, and that will lead to compromised phones – it’s only a matter 11 of time.” Attached hereto as Exhibit C is a true and correct copy of the above referenced article 12 found at http://iphonejailbreaktools.com/4880/jailbreaking-the-back-page-some-amazon- 13 appstore-apps-require-rooting-att-need-not-apply.html. 14 15 16 17 I declare under penalty of perjury of the laws of the United States that the foregoing is true and correct. Dated: April 11, 2011 18 19 20 John Wright Apple Inc. 21 22 23 24 25 26 27 28 -3- DEC. OF WRIGHT ISO APPLE INC.’S MOTION FOR PI CASE NO. CV 11-01327 PJH