Arista Records LLC et al v. Lime Wire LLC et al

Filing 190

DECLARATION of Siobhan Minarovich in Opposition re: 168 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike., 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Forrest, Katherine)

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MINAROVICH DECLARATION UNITED SOUTHERN STATES DISTRICT OF COURT NEW YORK DISTRICT LLC; ATLANTIC RECORDING BMG CORPORATION; RECORDS MUSIC; CAPITOL INC.; ELEKTRA ENTERTAINMENT GROUP INC.; INTERSCOPE LAFACE RECORDS RECORDS; RECORD LLC; MOTOWN COMPANY, RECORDS L.P.; PRIORITY LLC; SONY BMG MUSIC UMG ENTERTAINMENT; RECORDINGS, INC.; VIRGIN RECORDS AMERICA, INC.; and WARNER BROS. RECORDS INC., Plaintiffs, V* ARISTA RECORDS 06 Civ. ECF 5936 (GEL) CASE LIME GREG LIMITED WIRE GROUP LLC; LIME LLC; MARK GORTON; and M.J.G. LIME BILDSON; WIRE FAMILY PARTNERSHIP, Defendants. DECLARATION PLAINTIFFS' JUDGMENT EXHIBITS MOTIONS FILED OF SIOBHAIN OPPOSITION TO AND IN AS FOR MINAROVICH DEFENDANTS' TO IN FURTHER MOTIONS SUPPORT FOR SUMMARY TO OF OPPOSITION PART OF DEFENDANTS' MOTION PLAINTIFFS' OPPOSITION TO JUDGMENT AND MOTION STRIKE DEFENDANTS' STRIKE SUMMARY TO I, SIOBHAIN 1. counsel of for I am a MINAROVICH, legal assistant with hereby declare the law as follows: Swaine & Moore firm of Cravath, this declaration LLP, plaintiffs in the above-captioned defendants' motions action. I submit in further in support of Plaintiffs' of support plaintiffs' opposition to to for summary Strike judgment Filed as and plaintiffs' opposition Opposition to defendants' Motions Motion to Exhibits Part Defendants' 2. for Summary Judgment, filed the website November 7, 2008. to In March 2008, I accessed I took all the http://www.download.com to download the LimeWire software. steps necessary download the LimeWire software software download from this website. No dialog box appeared that required I me not to use the LimeWire to for copyright infringement. LimeWire software a printed this out screenshots of all the steps necessary (submitted on the from website. of these Plaintiffs' Ex. 329 September 26, 2008) is 3. true and correct copy screenshots. the website On September 7, 2008, to I accessed http://www.gnutelliums.com website download the LimeWire software. I was redirected to the http://files.filefront.com/LimeWire+Windows+v426/;3760359;/fileinfo.html. I took all to the steps necessary that download me the LimeWire software from this for website. No dialog box appeared required not to use the LimeWire software to copyright infringement. LimeWire is a true I printed website. out screenshots Ex. of all the 330 steps necessary on download the software correct from this Plaintiffs' screenshots. 4. (submitted September 26, 2008) and copy of these On September 23, 2008, on I accessed the website contains http://theslip.nin.com. and correct Plaintiffs' Ex. 371 (submitted website. September 26, 2008) registering link. my name a true copy of a printout from received an this After and e-mail address I was on this website download or use I e-mail containing and in a Upon clicking "Head on this link able to various song recordings particular the song Down", without having to install the LimeWire software. 5. On September 23, 2008, I accessed the website http://stash.nugs.net/wsp/0010nolamp3.asp?artist=-6&show=48&cmd=shows. Plaintiffs' Ex. 373 (submitted I was on September 26, 2008) contains to a true and correct copy of a printout from website, this website. able install download use the song "Ride software. Me High" directly from this without having to or the LimeWire -2- 6. On August 27, 2008, I accessed Plaintiffs' of a the website 374 http://www.vidablue.net/multimedia. consists of a Ex. (submitted website. on September 26, 2008) that the song install "Most true and correct copy printout from this I found Events Aren't Planned" is available directly from this website, without having to or use the LimeWire software. 7. On September 4, 2008, I accessed the website Ex. http://stash.nugs.net/stash.asp?cmd=dl&artist=- 1. 26, 2008) consists download the song to Plaintiffs' 375 (submitted I was on September able to of a true and correct copy of a printout directly from this website. "Most Events Aren't Planned" software. from the Nugs.net website, without having install or use the LimeWire I declare under penalty of perjury that the above is true and correct. Executed on December 5, 2008 Siobhain P. Minarovich -3-