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

Filing 192

DECLARATION of Thomas Sehested 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. (Attachments: # 1 Exhibit A to Declaration of Thomas Sehested, # 2 Exhibit B to Declaration of Thomas Sehested, # 3 Exhibit C to Declaration of Thomas Sehested)(Forrest, Katherine)

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SEHESTED DECLARATION UNITED SOUTHERN STATES DISTRICT COURT YORK DISTRICT OF NEW ARISTA RECORDS CORPORATION; RECORDING LLC; ATLANTIC BMG MUSIC; CAPITOL ENTERTAINMENT .RECORDS, INC,; ELEKTRA GROUP INC.; INTERSCOPE RECORDS LLC; MOTOWN PRIORITY RECORDS L/P.; MUSIC ENTERTAINMENT;: INC.; VIRGIN RECORDS RECORDS WARNER RECORDS· RECORD LAFACE COMPANY, LLC; SONY BMG UMG RECORDINGS, AMERICA, INC.; and INC., ECF CASE BROS. Piaintiff·% 06 Civ. 05936 (GEL) LLC; LIME GROUP LLC; MARK and M.J.G. LIME GORTON; GREGBIISDSON; WIRE FAMILY LIMITED PARTNERSH1P· LIME WIRE Defendants· DECLARATION DEFENDANTS PLAINTIFFS FURTHER · OF THOMAS EXCLUDE SEHESTED 1TIE IN OPPOSITION TO OF TH.OMAS FOR AND IN SUMMARY MOTION · TO DECLARATIONS SEHESTED, ANDREW FAILURE KEMPE, AND TO DISCLOSE · Ka·THERYN FACI'UAL FOR COGGON WITNESSES PAR2.·IAL SUPPORT OF PLAINTIFFS MOTION JUDGMENT I, THOMAS 1· I :am SEHESTED, the co-founder h·by declare as :fallows: and Chief Executive O·icer of DtecNet facts Saftware and ApS ("DtecNef;). I have persomfl knowledge of thefoUowing sworn as:a and, if called witness, could competently testii· thereta. of America 2. DtecNet was engaged by the Recording Industry As·eiafian plaintiffs in this case ("R:IAA') an behalfaf the at·er July 1'8, 2008 to assist ingathering evidence as to whether Statement copies of the thirty sound recordings ("files'3 listed in Attachment of A to Plaintift·' Undisputed Material by LimeWire to my Facts, dated users. July 18, 2008 ('·Attachment A'), 3· are being shared as an Attached EXhibit which at September 9, used 2008 declaration was a spreadsheet showing tile dates on DtecNet Phex, apeer-to-peer and client publiclyavailable lbr download client with http:!/www.phex.org, at Beal·hare, 'to a peer-to-peer publicly available identical · for download of each http:/iwww.bearshare.eom, A from two download ex)pies hashes to a of the files in Attachment different LimeWire us.ers. Due corrupted dam file, DtecNet re-performed this "task° Exhibit A the dates on to tliis declaration is an updated s·tsheet hash· of each.of presenting the files which Dte·Net downloaded. different copies with identical LimeWire users· in Attachment is aCD A fi,om two :Exhibit each B to this declaration eontaining.a opy A. ofa ·und recording:matching 4· download at hash provided in Attachment used Wimshark, a DieNet packet capture ciienI publicly avmlable the transfer for the http://www.wireshatk,org, to the to doctunent ofthosefiles was t·om dowdoaded LimeWire froma user DteeNet computer, transfer thus· confirming that the file ofe·acli file in Attachment between '' LimeWire Wiresliark user· Dttring the A, DtecNet DtecNeffs utilized computer to "capture" :all tim data -packetstransferral user. and theP2P These'·paeket capture" or"..pcap files eontain all the data As I slated, they are identical having the same (See http://www.rsa.com/rsalabs/node:asp?id=2927 ; ihtlp://blogs.zdnet.com/Ou/?p·09.) user's file is a copy a file with identical liashes, one users q'laus, if two LimeWire possess of the othen Seh·ted 09t09/08 DecL '[i 5,) (See declaration, if two files have die same hash, files, not directly copi·l from one another, SHA-I hash (the kind of hash used by Lira(Wire and DteeNet)is 2^63. in my The September 9, 2008 two probabilityof 2 about the transfer, i·le including the P2P client. user's In IP address and proof that the user transtbrred information the about ·rsirtg a LimeWire file name, to addition, the ".pcap" files contain the file was the:audio th:e file hash and the date and rime ·reen·shot &·wnload·,xt. At E·bit.C request ·is declea'ation contains review·xl a example ofa %ly·ap" file. the I ofptaimifl·,·, have that files each of the %pcap" files and I eonfil· that those hashes to files indicate each office each of the files download¢·l by DtecNet fi-om two (files witl ! identical diftbrent LimeWire in Atl·ehrnent A) were transferred use·. t declare under penalty of perjury that the foregoing is true .and cotter. Deeember·, 2008 Thomas Sehested 3