The Facebook, Inc. v. Connectu, LLC et al

Filing 252

Declaration of Monte M.F. Cooper in Support of Plaintiff's Motion for Partial Summary Judgment re Defendants' Liability Pursuant to California Penal Code Section 502(C) and 15 U.S.C. 7704(A)(1) and 15 U.S.C. 7704(B)(1) 251 filed by Mark Zuckerberg, The Facebook, Inc.. (Attachments: # 1 Exhibit 1 - Notice, # 2 Exhibit 1A, # 3 Exhibit 2 - Notice, # 4 Exhibit 3, # 5 Exhibit 4 - Notice, # 6 Exhibit 5, # 7 Exhibit 6 and 7 - Notice, # 8 Exhibit 8, # 9 Exhibit 9.1, # 10 Exhibit 9.2, # 11 Exhibit 9.3, # 12 Exhibit 9.4, # 13 Exhibit 9.5, # 14 Exhibit 9.6, # 15 Exhibit 9.7, # 16 Exhibit 10, 11, and 12 - Notice, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24, # 29 Exhibit 25, # 30 Exhibit 26, # 31 Exhibit 27, # 32 Exhibit 28-31 - Notice, # 33 Exhibit 31A, # 34 Exhibit 32-34 Notice, # 35 Exhibit 35.1, # 36 Exhibit 35.2, # 37 Exhibit 35.3, # 38 Exhibit 36-38 Notice, # 39 Exhibit 40-43 Notice, # 40 Exhibit 44, # 41 Exhibit 45-48 Notice, # 42 Exhibit 49, # 43 Exhibit 50-55 Notice, # 44 Exhibit 56, # 45 Exhibit 57-59 Notice, # 46 Exhibit 60, # 47 Exhibit 61 Notice, # 48 Exhibit 62, # 49 Exhibit 63-64 Notice, # 50 Exhibit 65, # 51 Exhibit 66)(Related document(s) 251 ) (Chatterjee, I.) (Filed on 1/7/2008) Text modified on 1/8/2008 (bw, COURT STAFF).

The Facebook, Inc. v. Connectu, LLC et al Doc. 252 Att. 35 EXHIBIT 35 Dockets.Justia.com 10:06:17 ):06:18 10 :06:20 10:06:20 10:06:20 10:06:20 10 :06:21 10:06:21 10:06:21 10:06:23 10:06:24 10:06:25 10:06:27 ):06:29 10:06:30 10:06:32 10:06:34 10:06:40 10:06:42 10:06:55 10:06:58 10:06:59 10:07:02 10:07:05 10:07:07 1 A. And the answer - And h e ' s made h i s objection. The answer to that i s MR. BORNICK: know t h a t , because - The witness may not 2 3 4 Q. A. 5 6 7 8 9 A. Yeah MR. BORNICK: -- he wasn't prepared to testify about that topic today -- A. Yeah, I mean, I don't MR. BORNICK: so i f you're 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. speculating, don't speculate. I c a n ' t - - I c a n ' t give an exact number because I don't have the exact number. I d o n ' t b i l l - - you know, I'm not i n charge of the day~to-day expenses. Q. A. C a n y o u g i v e me a n e s t i m a t e ? In terms of legal and programming costs, i t could be upwards of approximately three to $400,000 . But I would also caution that, you know, myself, Tyler and Divya are also investors in the company. I have a brokerage account, and I have done a l o t of investing. So I , myself, have p u t money i n t o the company, and Divya has put i n money as well. 28 S A R N O F F COURT REPORTERS A N D LEGAL T E C H N O L O G I E S 877.955.3855 10:08:12 J:08:13 10:08:14 10:08:15 10:08:16 10:08:16 10:08:19 10:08:24 10:08:26 10:08:27 10:08:32 10:08:36 10:08:39 ): 08: 43 10:08:46 10:08:49 10:08:50 10:08:53 10:08:56 10:08:59 10:09:00 10 :09 :05 10:09 :06 10:09:07 10:09:11 1 2 MR. HORNICK: a legal conclusion. object THE W I T N E S S : MR . HORNICK: Objection, calls for G i v e me a c h a n c e t o 3 4 Sure. Sorry. 5 6 7 8 9 - - before you answer. Q. A. So I'm sorry, what was your answer? The answer - - I'm not a lawyer, but in terms o f my u n d e r s t a n d i n g o f a m e r g e r , n o . Q. Could you describe the business relationship b e t w e e n 1 2 h u b a n d C o n n e c t U LLC? 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Again, I'm not a lawyer. I can try to d e s c r i b e i t , and I t h i n k t h a t we had an understanding there might be some s o r t o f synergy between the products. We - - a n d t h a t ' s about i t , but t h e r e ' s no formal relationship . Q. Well, i s there an entity called Social B u t t e r f l y t h a t i s owned by ConnectU LLC? A. Q. A. There i s no e n t i t y called Social Butterfly. What i s Social Butterfly? Social Butterfly 1S a p r o j e c t t h a t Wayne - - Wayne and I worked on. Q. A. And what i s t h a t ? Social Butterfly is effectively -- i t allows users to easily place their profile 30 S A R N O F F COURT REPORTERS A N D LEGAL T E C H N O L O G I E S 877.955.3855 10:09:16 J:09:18 10:09:19 10 :09:21 10:09:22 10:09:23 10:09:29 10:09:32 10:09:32 10:09:36 10:09:36 10:09 :40 10:09:44 ):09:46 10:09:48 10:09:52 10:09:53 10:09:55 10:09:56 10:09:59 10:10:01 10:10:04 10:10:07 10:10:14 10:10:16 1 2 3 information into a social network. MR. HORNICK: I'm going to object that this i s a l l outside the scope, too, and not 30(b) (6) testimony. Okay. 4 5 6 7 8 MR. C H A T T E R J E E : Q. And was t h e r e anything unique about Social Butterfly that differentiated i t from other social networks? 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Social Butterfly is not a social network. What i s i t ? As I s t a t e d b e f o r e , i t ' s a t o o l t h a t facilitates users' ability to add content to their social network profile. Q. A. Q. A. And what kind of content? P r o f i l e c o n t e n t t h a t they may have p u t on another social network. Q. Such as - - such as what? some examples? C a n y o u g i v e me A. Any s o c i a l network. or five, We s u p p o r t e d u p t o f o u r so that could be Myspace, that could be Hi5, Friendster, you name i t . Q. A. Is Social Butterfly s t i l l an active website? Social Butterfly ~s not a c t i v e r i g h t now. Q. And was t h a t Social B u t t e r f l y , was t h a t owned by ConnectU o r Wayne Chang? 31 S A R N O F F C O U R T REPORTERS AND LEGAL T E C H N O L O G I E S 877.955.3855