The Authors Guild, Inc. et al v. Hathitrust et al

Filing 111

AFFIRMATION of Joseph Petersen in Support re: 100 MOTION for Summary Judgment.. Document filed by Hathitrust. (Attachments: # 1 Exhibit A-W)(Petersen, Joseph)

KILPATRICK TOWNSEND & STOCKTON LLP Joseph Petersen (JP 9071) Robert Potter (RP 5757) 1114 Avenue of the Americas New York, NY 10036 Telephone: (212) 775-8700 Facsimile: (212) 775-8800 Email: jpetersen@kilpatricktownsend.com Joseph M. Beck (admitted pro hac vice) W. Andrew Pequignot (admitted pro hac vice) Allison Scott Roach (admitted pro hac vice) 1100 Peachtree Street, Suite 2800 Atlanta, Georgia 30309-4530 Telephone: (404) 815-6500 Facsimile: (404) 815-6555 Email: jbeck@kilpatricktownsend.com Attorneys for Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE AUTHORS GUILD, INC., ET AL., Plaintiffs, Case No. 11 Civ. 6351 (HB) v. HATHITRUST, ET AL., Defendants. DECLARATION OF JOSEPH PETERSEN IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON FAIR USE AND LACK OF INFRINGEMENT UNDER SECTION 106 OF THE COPYRIGHT ACT I, Joseph Petersen, make the following declaration: 1. I am a member of the Bar of this Court and a partner at the law firm of Kilpatrick Townsend & Stockton LLP, attorneys for the Defendants in the above-captioned action (the “Libraries”). I make this Declaration, based on my own personal knowledge, in support of the Libraries’ motion for summary judgment on fair use. 2. Attached hereto as Exhibit A is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff The Authors Guild, Inc. to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 20, 2012. 3. Attached hereto as Exhibit B is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff The Authors League Fund, Inc. to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 20, 2012. 4. Attached hereto as Exhibit C is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff The Australian Society of Authors to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 20, 2012. 5. Attached hereto as Exhibit D is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff The Authors’ Licensing and Collecting Society to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 20, 2012. 6. Attached hereto as Exhibit E is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff The Writers’ Union of Canada to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 20, 2012. 7. Attached hereto as Exhibit F is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff Trond Andreassen to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 10, 2012. 8. Attached hereto as Exhibit G is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff Pat Cummings to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 10, 2012. 9. Attached hereto as Exhibit H is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff Erik Grundström to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 10, 2012. 10. Attached hereto as Exhibit I is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff Angelo Loukakis to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 10, 2012. 11. Attached hereto as Exhibit J is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff Helge Rønning to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 10, 2012. 12. Attached hereto as Exhibit K is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff Roxana Robinson to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated March 28, 2012. 13. Attached hereto as Exhibit L is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff André Roy to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 10, 2012. 14. Attached hereto as Exhibit M is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff J. R. Salamanca to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 10, 2012. 15. Attached hereto as Exhibit N is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff James Shapiro to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 10, 2012. 16. Attached hereto as Exhibit O is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff Daniele Simpson to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 10, 2012. 17. Attached hereto as Exhibit P is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff T.J. Stiles to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 10, 2012. 18. Attached hereto as Exhibit Q is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff Fay Weldon to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 10, 2012. 19. Attached hereto as Exhibit R is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff UNEQ to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 20, 2012. 20. Attached hereto as Exhibit S is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff SFF to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 20, 2012. 21. Attached hereto as Exhibit T is a true and correct copy of relevant pages of the Objections and Responses of Plaintiff NFFO to Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated April 20, 2012. 22. Attached hereto as Exhibit U is a true and correct copy of relevant pages of the transcript of the May 22, 2012 deposition of Pat Cummings.