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

Filing 191

DECLARATION of Andrew Kempe 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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KEMPE DECLARATION UNITED SOUTHERN STATES DISTRICT COURT DISTRICT OF NEW YORK ARISTA RECORDS LLC; ATLANTIC RECORDING BMG MUSIC; CAPITOL CORPORATION; RECORDS, INC.; ELEKTRA ENTERTAINMENT GROUP INTERSCOPE INC.; RECORDS; LAFACE RECORDS RECORD LLC; MOTOWN COMPANY, L.P.; PRIORITY MUSIC RECORDS RECORDS LLC; UMG SONY BMG ENTERTAINMENT; BROS. RECORDS RECORDINGS, INC.; and ECF CASE INC.; VIRGIN WARNER AMERICA, INC., Plaintiffs, 06 Civ. Vo 05936 (GEL) LIME WIRE WIRE LLC; LIME GROUP LLC; MARK GORTON; GREG BILDSON; and M.J.G. LIME FAMILY LIMITED PARTNERSHIP, Defendants, DECLARATION MOTION ANDREW TO OF ANDREW EXCLUDE THE TO DISCLOSE AND KATHERYN COGGON FOR PLAINTIFFS' FAILURE FACTUAL WITNESSES AND IN FURTHER SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT KEMPE, OPPOSITION TO DEFENDANTS' DECLARATIONS OF THOMAS SEHESTED, IN KEMPE I, ANDREW 1. I am KEMPE, hereby declare the as follows: Manager of Technical Account Services for the MediaSentry business unit of Safenet, Inc., formerly MediaSentry, Inc. ("MediaSentry"). I have of the personal knowledge following facts and, if called and sworn as a witness, could competently testify thereto. 2. MediaSentry has ("RIAA") since 2004 one been engaged by the Recording Industry Association numerous of America to monitor P2P clients across a number of networks, 3. of which is LimeWire, for to use in anti-piracy litigation. plaintiffs at With respect evidence as this case in of particular, MediaSentry assisted plaintiffs' sound in gathering are to whether copies users recordings ("files") yielded by our issue being shared by LimeWire by searching the results ongoing on monitoring efforts Attachment LimeWire A that (since 2004) and providing plaintiffs those files included were downloaded, with identical hashes, from at least two different users. I declare under penalty of perjury that the foregoing is true and correct. December , 2008 2