The Authors Guild v. Google, Inc.

Filing 42

JOINT APPENDIX, volume 2 of 6, (pp. 301-600), on behalf of Appellant Jim Bouton, Joseph Goulden, Betty Miles and The Authors Guild, FILED. Service date 04/07/2014 by CM/ECF.[1196248] [13-4829]

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13-4829-cv United States Court of Appeals for the Second Circuit THE AUTHORS GUILD, BETTY MILES, JIM BOUTON, JOSEPH GOULDEN, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, HERBERT MITGANG, DANIEL HOFFMAN, individually and on behalf of all others similarly situated, PAUL DICKSON, THE MCGRAW-HILL COMPANIES, INC., PEARSON EDUCATION, INC., SIMON & SCHUSTER, INC., ASSOCIATION OF AMERICAN PUBLISHERS, INC., CANADIAN STANDARD ASSOCIATION, JOHN WILEY & SONS, INC., individually and on behalf of all others similarly situated, Plaintiffs, v. GOOGLE, INC., Defendant-Appellee. –––––––––––––––––––––––––––––– ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK JOINT APPENDIX (UN-SEALED REDACTED VERSION) Volume 2 of 6 (Pages A-301 to A-600) DURIE TANGRI 217 Leidesdorff Street San Francisco, California 94111 (415) 362-6666 – and – WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue, NW Washington, DC 20006 (202) 663-6600 Attorneys for Defendant-Appellee FRANKFURT KURNIT KLEIN & SELZ, P.C. 488 Madison Avenue, 10th Floor New York, New York 10022 (212) 980-0120 – and – JENNER & BLOCK 1099 New York Avenue, NW, Suite 900 Washington, DC 20001 (202) 639-6000 Attorneys for Plaintiffs-Appellants i TABLE OF CONTENTS Page District Court Docket Entries .................................... A-1 Excerpts from the Objection of Amazon.com, Inc. to Proposed Settlement, dated September 1, 2009 A-53 Excerpts from the Objections of Microsoft Corporation to Proposed Settlement and Certification of Proposed Settlement Class and Sub-Classes, dated September 8, 2009 .................. A-65 Excerpts from the Memorandum of Amicus Curiae Open Book Alliance in Opposition to the Proposed Settlement, filed September 8, 2009 ...... A-78 Excerpts from the Objection of Yahoo!Inc. to Final Approval of the Proposed Class Action Settlement, filed September 8, 2009 ...................... A-80 Declaration of Michael J. Boni in Support of Motion to Approve the Amended Settlement Agreement, dated November 13, 2009 (Omitted herein) Exhibit 2 to Boni Declaration – Amended Settlement Agreement, dated November 13, 2009 ............................................... A-83 Opinion of the Honorable Denny Chin, dated March 22, 2011 ...................................................... A-127 Fourth Amended Class Action Complaint, dated October 14, 2011.................................................... A-175 Defendant Google Inc.’s Answer to Plaintiffs’ Fourth Amended Complaint, dated June 14, 2012 A-191 ii Page Declaration of Judith A. Chevalier in Support of Defendant Google Inc.’s Motion for Summary Judgment, dated July 18, 2012 .............................. A-201 Exhibit A to Chevalier Declaration – Expert Report of Judith A. Chevalier, dated May 4, 2012 ........................................................... A-203 Declaration of Dan Clancy in Support of Defendant Google Inc.’s Motion for Summary Judgment, dated July 26, 2012 ................................................ A-222 Exhibit A to Clancy Declaration – Cooperative Agreement between Google Inc. and Regents of the University of Michigan/University Library, dated June 15, 2005.................................. A-228 Exhibit B to Clancy Declaration – Search Results Page for the Query “Steve Hovley” .................................................................. A-241 Exhibit C to Clancy Declaration – Portion of an About the Book Page that is Displayed when one clicks on Ball Four in the Search Results Pictured in Exhibit B ..................... A-243 Exhibit D to Clancy Declaration – Portion of the About the Book Page Depicted in Exhibit C Showing the Snippets Displayed ........... A-245 Exhibit E to Clancy Declaration – Excerpt from a Search Page for Black’s Law Dictionary .............................................................. A-247 Exhibit F to Clancy Declaration – Page Showing Foul Ball in Partner Program Preview .................................................................. A-249 iii Page Exhibit G to Clancy Declaration – Webpage at http://books.google.com/ googlebooks/testimonials.html Reflecting User Comments on Google Books ................................. A-251 Exhibit H to Clancy Declaration – Quantitative Analysis of Culture Using Millions of Digitized Books by Jean-Baptiste Michel ......... A-259 Declaration of Joseph C. Gratz in Support of Defendant Google Inc.’s Motion for Summary Judgment, dated July 27, 2012 .............................. A-267 Exhibit 1 to Gratz Declaration – Excerpts of Deposition Transcript of Paul N. Courant, dated April 23, 2012................................ A-270 Exhibit 2 to Gratz Declaration – Excerpts of Deposition Transcript of Paul Aiken, dated April 19, 2012 .............................................. A-283 Exhibit 3 to Gratz Declaration – Excerpts of Plaintiffs’ Responses and Objections to Defendant Google Inc.’s First Set of Interrogatories, dated April 27, 2012 ..................... A-298 Exhibit 4 to Gratz Declaration – Excerpts of Deposition Transcript of Judith A. Chevalier, dated June 8, 2012 ................................ A-307 Exhibit 5 to Gratz Declaration – Letter from Pamela Samuelson to the Honorable Denny Chin, dated February 13, 2012 ................... A-310 Exhibit 6 to Gratz Declaration – Excerpts of Deposition Transcript of Eric Zohn, dated April 13, 2012 .............................................. A-316 iv Page Exhibit 7 to Gratz Declaration – Exhibit 2 to the Deposition Transcript of Eric Zohn ....................................................................... A-322 Declaration of Albert N. Greco in Support of Defendant Google Inc.’s Motion for Summary Judgment, dated July 23, 2012 .............................. A-325 Exhibit A to Greco Declaration – Expert Report of Albert N. Greco, dated May 3, 2012 ........................................................... A-327 Declaration of Kurt Groetsch in Support of Defendant Google Inc.’s Motion for Summary Judgment, dated July 25, 2012 .............................. A-335 Declaration of Bruce S. Harris in Support of Defendant Google Inc.’s Motion for Summary Judgment, dated July 23, 2012 .............................. A-340 Exhibit A to Harris Declaration – Expert Report of Bruce S. Harris, dated May 3, 2012, with Exhibits D-H ........................... A-342 Declaration of Brad Hasegawain in Support of Defendant Google Inc.’s Motion for Summary Judgment, dated July 25, 2012 .............................. A-392 Declaration of Stephane Jaskiewicz in Support of Defendant Google Inc.’s Motion for Summary Judgment, dated July 25, 2012 .............................. A-395 Declaration of Gloriana St. Clair in Support of Defendant Google Inc.’s Motion for Summary Judgment, dated July 18, 2012 .............................. A-398 Exhibit A to St. Clair Declaration – Expert Report of Gloriana St. Clair, dated May 3, 2012 ........................................................... A-400 v Page Local Rule 56.1 Statement in Support of Defendant Google Inc.’s Motion for Summary Judgment, dated July 27, 2012 ................................................ A-417 Declaration of Joanne Zack in Support of Plaintiffs’ Motion for Partial Summary Judgment, dated July 26, 2012 .......................................................... A-429 Exhibit 1 to Zack Declaration – U.S. Copyright Office Certificate of Registration No. A173097 .......................................................... A-435 Exhibit 2 to Zack Declaration – U.S. Copyright Office Certificate of Registration No. TX0000338841 ............................................... A-438 Exhibit 3 to Zack Declaration – U.S. Copyright Office Certificate of Registration No. A346254 .......................................................... A-441 Exhibit 4 to Zack Declaration – Printouts from Google’s Website displaying Search Results in Jim Bouton, Ball Four .............. A-444 Exhibit 5 to Zack Declaration – Printouts from Google’s Website displaying Search Results for the Term “pitch” in Jim Bouton, Ball Four .................................................. A-510 Exhibit 6 to Zack Declaration – Printouts from Google’s Website displaying Search Results for the Term “pitches” in Jim Bouton, Ball Four .................................................. A-516 Exhibit 7 to Zack Declaration – Printouts from Google’s Website displaying Search Results in Betty Miles, The Trouble with Thirteen .................................................................. A-522 vi Page Exhibit 8 to Zack Declaration – Printouts from Google’s Website displaying Search Results in Joseph Goulden, The Superlawyers: the Small and Powerful World of the Great Washington Law Firms .......................... A-532 Exhibit 9 to Zack Declaration – Excerpts from a Spreadsheet produced by Google identifying approximately 2.7 million scanned Books Google has distributed to Libraries ............ A-542 Exhibit 10 to Zack Declaration – Printout from http://www.authorsguild.org/about/ history. html ........................................................... A-546 Exhibit 11 to Zack Declaration – Printout from http://investor.google.com/ corporate/faq.html .................................................. A-549 Exhibit 12 to Zack Declaration – “Google Checks Out Library Books,” dated December 14, 2004 ................................................ A-555 Exhibit 13 to Zack Declaration – Pages 1, 2, 15, and 56 of Google Inc.’s 2011 Form 10-K ............................................................. A-559 Exhibit 14 to Zack Declaration – Pages 1, 3, and 50 of Google Inc.’s 2010 Form 10-K ....................................................................... A-564 Exhibit 15 to Zack Declaration – Google Print Partner Development: Global Sales Conference (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-1-CA-16) ......... A-568 vii Page Exhibit 16 to Zack Declaration – Deposition Transcript of Daniel Clancy (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-17-CA-83) ....... A-569 Exhibit 17 to Zack Declaration – Google Book Partner Program Standard Terms and Conditions ....................................................... A-570 Exhibit 18 to Zack Declaration – Deposition Transcript of Thomas Turvey (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-84-CA-115)...... A-579 Exhibit 19 to Zack Declaration – Printout from http://support.google.com/ books/bin/answer.py?hl=en&answer=43729I ....... A-580 Exhibit 20 to Zack Declaration – Announcement from Google, “Committee on Institutional Cooperation (CIC) Joins Google’s Library Project,” dated June 6, 2007 ..................... A-582 Exhibit 21 to Zack Declaration – Declaration of Daniel Clancy in Support of Google Inc.’s Opposition to Plaintiffs’ Motion for Class Certification, filed February 8, 2012 ............ A-586 Exhibit 22 to Zack Declaration – Printout from http://support.google.com/ books/bin/answer.py?hl=en&answer=43751. ........ A-591 Exhibit 23 to Zack Declaration – Compilation of Documents produced by Google (Portions of Exhibit 23 Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-116-CA-308) ......................................... A-593 viii Page Exhibit 24 to Zack Declaration – Deposition Transcript of Kurt Groetsch (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-309-CA-340) ... A-685 Exhibit 25 to Zack Declaration – Deposition Transcript of Stephane Jaskiewicz (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-341-CA-372) ... A-686 Exhibit 26 to Zack Declaration – Defendant Google Inc.’s Supplemental Narrative Responses and Objections to Plaintiffs’ Second Request for Production of Documents and Things (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-373-CA-388) ... A-687 Exhibit 27 to Zack Declaration – Excerpts from the Defendant Google Inc.’s Responses and Objections to Plaintiffs’ First Set of Requests for Admission ..................................... A-688 Exhibit 28 to Zack Declaration – Printout from http://www.google.com/ googlebooks/library.html ....................................... A-705 Exhibit 29 to Zack Declaration – QA Training Manual (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-389-CA-407) ... A-707 Exhibit 30 to Zack Declaration – Excerpts from a Spreadsheet produced by Google A-708 ix Page Exhibit 31 to Zack Declaration – E-mail from Joseph Gratz to Joanne Zack, dated December 9, 2011 (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-408-CA-409) ... A-712 Exhibit 32 to Zack Declaration – Library of Congress Trip Report (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-410-CA-422) ... A-713 Exhibit 33 to Zack Declaration – Deposition Transcript of Paul Courant (Redacted Version. Unredacted Version Reproduced in the Confidential Appendix at pp. CA-423-CA-437) ................................................... A-714 Exhibit 34 to Zack Declaration – “Google Print Full Text Book Mini-GPS,” dated December 10, 2003 (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-438-CA-454) ... A-748 Exhibit 35 to Zack Declaration – “Google Print: A Book Discovery Program,” dated October 15, 2004 (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-455-CA-478) ... A-749 Exhibit 36 to Zack Declaration – Deposition Transcript of Gloriana St. Clair ........... A-750 Exhibit 37 to Zack Declaration – Expert Report of Daniel Gervais ........................... A-782 x Page Exhibit 38 to Zack Declaration – Deposition Transcript of James Crawford (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-479-CA-497) ... A-797 Exhibit 39 to Zack Declaration – Expert Report of Benjamin Edelman ..................... A-798 Exhibit 40 to Zack Declaration – Deposition Transcript of Bruce Harris ................... A-808 Exhibit 41 to Zack Declaration – Deposition Transcript of Albert Greco .................. A-825 Exhibit 42 to Zack Declaration – Deposition Transcript of Judith Chevalier (Redacted Version. Confidential Pages Reproduced in the Confidential Appendix at pp. CA-498-CA-501) ............................................. A-852 Exhibit 43 to Zack Declaration – Defendant Google Inc.’s Responses and Objections to Plaintiffs’ First Set of Interrogatories ........................................................ A-909 Plaintiffs’ Statement of Undisputed Facts in Support of Their Motion for Partial Summary Judgment, dated July 26, 2012 (Public Redacted Version. Confidential Pages Reproduced in the Confidential Appendix at pp. CA-502-CA-508) ............................................. A-927 Plaintiffs’ Response to Defendant Google Inc.’s Local Rule 56.1 Statement, dated August 26, 2013 (Public Redacted Version. Confidential Pages Reproduced in the Confidential Appendix at pp. CA-509-CA-516) ............................................. A-949 xi Page Declaration of Michael J. Boni in Support of Plaintiffs’ Opposition to Defendant Google’s Motion for Summary Judgment, dated August 26, 2013 ..................................................... A-979 Exhibit 1 to Boni Declaration – Compilation of Google Snippet Displays from Jim Bouton’s Baseball Memoir Ball Four ............. A-982 Exhibit 2 to Boni Declaration – Google Snippet Displays from Joseph Goulden’s History Superlawyers............................................. A-1074 Exhibit 3 to Boni Declaration – Google Snippet Displays from Betty Miles’s Novel The Trouble with Thirteen ........................... A-1172 Exhibit 4 to Boni Declaration – Internal Memos produced by Google to The American Society of Media Photographers, Inc. (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-517-CA-521) ... A-1204 Exhibit 5 to Boni Declaration – Cover, Table of Contents, and Complete Chapter Two with Answer Key for The Seinfeld Aptitude Test by Beth Golub (Carol Publishing Group, 1994) ...................................................................... A-1205 Exhibit 6 to Boni Declaration – Cover, Table of Contents, and First Three Pages of each Chapter from Welcome to Twin Peaks (1990 Publications International Ltd.) ................... A-1244 xii Page Exhibit 7 to Boni Declaration – Excerpts from the Deposition of Bradley Hasegawa (Filed Under Seal. Reproduced in the Confidential Appendix at pp. CA-522-CA-538) ... A-1271 Exhibit 8 to Boni Declaration – Printout from a Webpage on Amazon.com, obtained by clicking on the “Amazon” Link on the Google Books Page for Joseph Goulden’s book Superlawyers................................................. A-1272 Exhibit 9 to Boni Declaration – Printout from a Webpage on Amazon.com, obtained by running a Search on Amazon.com for “Steve Hovley” ...................................................... A-1277 Exhibit 10 to Boni Declaration – Printout from a Webpage on Amazon.com, obtained by running a Search on Amazon.com for “Minoru Yasui” ...................................................... A-1287 Declaration of Paul Aiken in Support of Plaintiffs’ Opposition to Defendant Google’s Motion for Summary Judgment, dated August 26, 2013 ......... A-1290 Attachment A to Aiken Declaration – Amazon Press Release: “Amazon.com Launches “Search Inside the Book” Enabling Customers to Discover Books by Searching and Previewing the Text Inside” ............................................................ A-1302 Attachment B to Aiken Declaration – “The Great Library of Amazonia,” Wired Magazine, November 12, 2003 .............................. A-1305 xiii Page Attachment C to Aiken Declaration – “News: A9, Amazon’s Search Portal, Goes Live: Reverberations Felt in Valley,” John Battelle’s Search Blog, April 14, 2004................................... A-1314 Attachment D to Aiken Declaration – “Can Amazon Unplug Google?” Business 2.0, April 15, 2004 ........................................................ A-1319 Attachment E to Aiken Declaration – “Amazon to Take Searches on Web to a New Depth,” The New York Times, September 15, 2004 ............................................... A-1325 Attachment F to Aiken Declaration – “Amazon’s A9 Launches Visual Yellow Pages,” Search Engine Watch, January 26, 2005 ................ A-1329 Attachment G to Aiken Declaration – “Google Hires Amazon Search Chief,” Seattle Post-Intelligencer, February 7, 2006 ..................... A-1333 Attachment H to Aiken Declaration – “Google Announces New Mapping Innovations at Where 2.0 Conference,” News from Google, May 29, 2007 ......................................................... A-1337 Declaration of Joseph C. Gratz in Opposition to Plaintiffs’ Motion for Partial Summary Judgment, dated August 26, 2013 ........................................... A-1340 Exhibit 1 to Gratz Declaration – Portion of the Web Page resulting from a Search on the Library of Congress Catalog at http://catalog.loc.gov for the Query “500 Pearl Street” .................................................................... A-1344 xiv Page Exhibit 2 to Gratz Declaration – Portion of the Web Page resulting from a Search on https://books.google.com for the Query “500 Pearl Street” ........................................................... A-1346 Exhibit 3 to Gratz Declaration – Portion of the Web Page that results from clicking on the Result Alas! What Brought Thee Hither?: The Chinese in New York, 1800-1950 in Exhibit 2................................................................. A-1348 Exhibit 4 to Gratz Declaration – Portion of the Web Page resulting from a Search on https://books.google.com for the Query “Hong Kee Kang” ............................................................. A-1350 Exhibit 5 to Gratz Declaration – Portion of the Web Page that results from clicking on the Result Chinese America, History and Perspectives in Exhibit 4 ................................ A-1352 Exhibit 6 to Gratz Declaration – Printout from http://www.amazon.com/gp/offerlisting/B002H9DITW ............................................ A-1354 Exhibit 7 to Gratz Declaration – Marc Egnal, Evolution of the Novel in the United States: The Statistical Evidence, 37:2 Soc. Sci. Hist. 231 (2013) ..................................................... A-1356 Exhibit 8 to Gratz Declaration – Written Testimony submitted by Paul Aiken to the Committee on the Judiciary of the United States House of Representatives in connection with a September 10, 2009 Hearing titled “Competition and Commerce in Digital Books” ... A-1381 xv Page Exhibit 9 to Gratz Declaration – Excerpts of the Deposition Transcript of Paul Aiken...................................................................... A-1412 Exhibit 10 to Gratz Declaration – Excerpts of the Deposition Transcript of Betty Miles ...................................................................... A-1419 Exhibit 11 to Gratz Declaration – Excerpts of Plaintiffs’ Reponses and Objections to Defendant Google Inc.’s First Set of Interrogatories to Plaintiffs The Authors Guild, Inc., Jim Bouton, Joseph Goulden and Betty Miles herein, served on April 27, 2012.................. A-1425 Exhibit 12 to Gratz Declaration – Excerpts of the Deposition Transcript of Jim Bouton.................................................................... A-1432 Exhibit 13 to Gratz Declaration – Excerpts of the Deposition Transcript of Joseph Goulden.................................................................. A-1435 Exhibit 14 to Gratz Declaration – Exhibit 6 to the Deposition of Paul Aiken ............. A-1445 Exhibit 15 to Gratz Declaration – Deposition Transcript of Daniel Gervais ............... A-1448 Exhibit 16 to Gratz Declaration – Deposition Transcript of Benjamin G. Edelman .... A-1509 Exhibit 17 to Gratz Declaration – Exhibit 5 to the Deposition of Jim Bouton ............ A-1588 Exhibit 18 to Gratz Declaration – Exhibit 2 to the Deposition of Betty Miles ............ A-1590 xvi Page Exhibit 19 to Gratz Declaration – Exhibit 16 to the Deposition of Benjamin G. Edelman ................................................................. A-1592 Exhibit 20 to Gratz Declaration – Excerpts of the Deposition Transcript of Judith A. Chevalier ................................................................ A-1595 Declaration of Scott Dougall in Opposition to Plaintiffs’ Motion for Partial Summary Judgment, dated August 22, 2013 ........................................... A-1602 Google Inc.’s Responses and Objections to Plaintiffs’ Statement of Undisputed Facts in Support of Their Motion for Partial Summary Judgment, dated August 26, 2013 (Public Redacted Version. Confidential Pages Reproduced in the Confidential Appendix at pp. CA-539-CA-555) ............................................. A-1605 Notice of Appeal, dated December 23, 2013 ............. A-1639 A-301 Case 1:05-cv-08136-DC Document 1036-3 (1) Filed 07/27/12 Page 4 of 12 Google's digital copying of entire in-copyright print works for its own uses is of a commercial nature and not for the purposes of criticism, comment, news reporting, teaching, scholarship or research. Google copies print books to benefit its commercial search engine and thereby gain a competitive advantage over its rivals in the search engine business. Google digitally copies print books in bulk without regard to their content. Google adds no expression, meaning or message to the books. Merely changing the format or medium of a work, as Google has done here by reproducing the books from print to electronic form, is not "transformative" within the meaning of Section 107 of the Copyright Act. The books copied by Google are creative works of authorship, regardless of whether the books are fiction or non-fiction. Google copies the books in their entirety, maintains multiple copies of the entire books on its servers and on tape, and makes non-display and display uses of the books in their entirety. Because Google' s digital copying involves mere duplication for commercial purposes, a presumption of market harm exists. Google's digital copying without permission or compensation deprives copyright owners of revenues for such copies. Google's maintenance of digital copies on its servers also creates a risk of further unlawful dissemination of the books. Further, unrestricted and widespread conduct of the sort engaged in by Google would result in a substantially adverse impact on the value of and potential market for the books. A finding of fair use would legitimize widespread unauthorized mass digitization. It would impede the development of collective licenses for the digital copying, 3 A-302 Case 1:05-cv-08136-DC Document 1036-3 Filed 07/27/12 Page 5 of 12 distribution, display, pUblication and other uses of books and book excerpts in, inter alia, search engines and other book databases. It would pennit others in addition to Google to create online book databases with insufficient security to prevent widespread piracy of copyrighted books. Conversely, if Google's unauthorized copying is found not to be fair, licenses providing compensation would be required for such copying, and copyright owners could require in such licenses that financial responsibility for the risks of unauthorized uses be fairly allocated between the parties to the license. (2) Google's distribution to libraries of entire digital copies of in-copyright works is of a commercial nature and not for the purposes of criticism, comment, news reporting, teaching, scholarship or research. Google's distribution of digital copies to libraries is a quid pro quo for the libraries allowing Google to copy the print books to benefit Google's commercial search engine and thereby gain a competitive advantage over its rivals in the search engine business. Google distributes digital copies of the books without regard to their content. Google adds no expression, meaning or message to the books distributed. Merely changing the format or medium of a work, as Google has done here by reproducing the books from print to electronic form, is not ~'transformative" within the meaning of Section 107 of the Copyright Act. The books distributed by Google are creative works of authorship, regardless of whether the books are fiction or non-fiction. Google distributes digital copies of books to libraries in their entirety. Because Google distributes entire digital copies for commercial purposes, 4 A-303 Case 1:05-cv-08136-DC Document 1036-3 Filed 07/27/12 Page 6 of 12 a presumption of market hann exists. Further, Google's unauthorized distribution to the libraries deprived the copyright owners of compensation for such copies. Google's distribution to the libraries also creates a grave risk of additional unauthorized digital distribution of the books by the libraries and of piracy of the library digital copies, as a result of faulty security andlor endeavors such as the Hathitrust and its Orphan Works' Project. Unrestricted and widespread conduct of the sort engaged in by Google would result in a substantially adverse impact on the value of and potential market for the books. A finding of fair use would legitimize widespread unauthorized distribution of digital copies of books. It would deprive copyright owners of revenues from the sale of digital copies to libraries and to other sources of print books for digital copying. It would impede the development of collective licenses for the copying, distribution, display, publication and other uses of digital copies of books and excerpts from books. It would also pennit others in addition to Google to create online book databases, with insufficient security to prevent widespread piracy of copyrighted books. Conversely, if Google's unauthorized distribution is found not to be fair, licenses providing compensation would be required for such distribution, and copyright owners could require in such licenses that financial responsibility for the risks of unauthorized use be fairly allocated between the parties to the license. (3) Google's display on the Internet of verbatim expression from in-copyright works to users of its Internet search engine is of a commercial nature and 5 A-304 Case 1:05-cv-08136-DC Document 1036-3 Filed 07/27/12 Page 7 of 12 not for the purposes of criticism, comment, news reporting, teaching, scholarship or research. Google displays verbatim expression from books to benefit its search engine and thereby gain a competitive advantage over its rivals in the search engine business. With respect to the books that it displays, Google displays excerpts that it calls "snippets" without regard to the content of the books. Google adds no expression, meaning or message to the books displayed. Merely changing the fonnat or medium of a work, or extracting verbatim expression from a work, as Google has done here, is not "transfonnative" within the meaning of Section I 07 of the Copyright Act. The books displayed by Google are creative works of authorship, regardless of whether the books are fiction or nonfiction. Google maintains the entirety of the books on its servers. By performing multiple searches using different search terms (including mUltiple search terms suggested by Google itself), a single user can view substantial verbatim expression from the books. Moreover, if the display is permitted as a fair use, Google would be permitted to display over time virtually all of the verbatim expression from the books to its users collectively. Because Google displays verbatim expression for commercial purposes, a presumption of market harm exists. Google displays such verbatim expression without licensing it, thereby depriving the copyright owners of compensation for such uses. Further, unrestricted and widespread conduct of the sort engaged in by Google would result in a substantially adverse impact on the value of and potential market for the books. A finding of fair use would legitimize widespread unauthorized digital display. It 6 A-305 Case 1:05-cv-08136-DC Document 1036-3 Filed 07/27/12 Page 8 of 12 would impede the development of collective licenses for the digital display of books and excerpts from books in, inter alia, search engines and other book databases. It would also pennit other website operators to could create online book databases, but with insufficient security to prevent widespread piracy of copyrighted books. Conversely, if Google's unauthorized display is found not to be fair, licenses providing compensation will be required for such display, and copyright owners could require in such licenses that financial responsibility for the risks of unauthorized display be fairly allocated between the parties to the license. (4) Ooogle's Library Project as a whole is a mass digitization, distribution and display campaign that is not a fair use of the books, for all the reasons set forth above. C. Facts supporting the above are found in the following, inter alia: (1) Google's Objections and Responses to Plaintiffs' First Set of Requests for Admission; (2) The deposition testimony of Jim Bouton, Joseph Goulden, Betty Miles, Paul Aiken, Daniel Clancy, Kurt Groetsch, Brad Hasegawa, Stephane Jaskiewicz, Thomas Turvey, James Crawford, and Paul Courant; (3) PX 1-58, 81-86; Courant Ex. 1-3; 000G05000001, GOOG05004750, 000005004751, G00005004752, 000005000002-000005000438, 000005000459-000005000496, 000005002264-2284; 000005000001-000005004981. (4) The documents produced by plaintiffs; 7 A-306 Case 1:05-cv-08136-DC Document 1036-3 Filed 07/27/12 Page 9 of 12 usership, with the ultimate goal of increasing its advertising revenues from its increased usership. See also the response to Interrogatory 1 above. INTERROGATORY 12: Describe the amount and substantiality of YOUR BOOKS used in Google's Library Project, including a statement of all factual and legal bases supporting your response. Response: In addition to the General Objections, plaintiffs object to this Interrogatory on the grounds that the word "all" is overbroad and unduly burdensome in this context. Without waiving these objections, plaintiffs respond as follows: See the response to Interrogatory 1 above. INTERROGATORY 13: If you contend that Google's Library Project is commercial in nature, identify all factual and legal bases for that contention. Response: In addition to the General Objections, plaintiffs object to this Interrogatory on the grounds that the word ''all'' is overbroad and unduly burdensome in this context. Without waiving these objections, plaintiffs respond as follows: Google's Library Project, and the copying, distribution and display of books by Google in connection with its Library Project, are commercial in nature. See also the responses to Interrogatories 1 and 11 above. 15 A-307 Case 1:05-cv-08136-DC Document 1036-4 Filed 07/27/12 Page 1 of 3 EXHIBIT 4 A-308 Case 1:05-cv-08136-DC Document 1036-4 Filed 07/27/12 Page 2 of 3 Page 1 1 **C 0 N F l DEN T I A L** 2 UNITED STATES DISTRICT COURT 3 SOUTHERN DISTRICT OF NEW YORK 4 --------------------------------------X 5 THE AUTHORS GUILD, et al., 6 Plaintiffs, 7 - 8 Master Fi1e No. against- 05 CV 8136-DC 9 10 11 GOOGLE, 12 13 INC., Defendant. --------------------------------------X 14 15 June 8, 2012 16 9:30 a.m. 17 Deposition of JUDITH A. 18 CHEVALIER, 19 held at the offices of Milberg, LLP, One 20 Penn P1aza, New York, New York, pursuant to 21 Agreement, before NANCY SORENSEN, a Notary 22 Public of the State of New York. 23 24 25 212-279-9424 VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 A-309 Case 1:05-cv-08136-DC Document 1036-4 --------~--- Filed 07/27/12 Page 3 of 3 -~-- Page 88 1 2 3 J.A. Chevalier CON F IDE N T I A L digital copies is not germane to your report? A. Whether or not the libraries have 4 made a digital copy and what i t is that the 5 library will do with them, 6 the scope of my assignment. 7 8 9 is not, is outside It may be important to the case, but i t is not important to my report. Q. Do you know with respect to the 10 Google Library Project, not the Partner Program 11 portion, how many of the books that Google scans 12 and includes in the search tool, 13 i t , were commercially available books, 14 opposed to not commercially available books? 15 A. I 16 Q. If I as you describe as don't know that. told you that 90 percent of the 17 books were not commercially available, 18 would that affect your opinions in any way? 19 A. That would not affect my opinions. 20 Q. If I 21 told you that they were 10 percent, would that affect your opinion? 22 A. No. 23 Q. Referring you to paragraph 10 on page 24 3 of your report, 25 halfway down, 212-279-9424 about a little, you know, there is a over sentence that begins, VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 A-310 Case 1:05-cv-08136-DC Document 1036-5 Filed 07/27/12 Page 1 of 6 EXHIBITS A-311 Case 1:05-cv-08136-DC Document 1036-5 BerkeleyLaw UNIVERSITY OF CALIFOIINIA VIA Federal Express and Fax 212-857-2346 February 13, 2012 The Honorable Denny Chin U.S. District Court for the Southern District of New York Daniel Patrick Moynihan Courthouse 500 Pearl Street New York, New York 10007 Re: Filed 07/27/12 Page 2 of 6 Pamela Samuelson Richard M. Sherman Distinguished Professor of Law and Information UC Berkeley School of Law 434 Boalt Hall (North Addition) Berkeley, CA 94720-7200 Tel: 510.642.6775 Fax: 510.643.2673 Email: pam@law.berkeley.edu URL: people.ischool.berkeley.edu/~pam/ Academic Author Objections to Plaintiff’s Motion for Class Certification Case No. 05 CV 8136 (DC) Dear Judge Chin: The signatories to this letter are academic authors whose works of authorship are typical of the books and other works found in the collections of major research libraries such as those of the University of Michigan and others of Google’s library partners. We write scholarly works on a regular basis. Our primary motivation in preparing these works is to share the knowledge we have cultivated with other scholars and interested members of the public. Although we are not indifferent to revenue streams we receive from books that we publish, the main reward we wish to attain from our intellectual labors is the satisfaction of contributing to the ongoing dialogue about issues of concern to us and, perhaps as an added bonus, a reputation for excellence in scholarship among our peers. A number of us have made some or all of our academic work available on an open access basis through Creative Commons licenses and the like. Virtually all of us use Google Book Search (GBS) on a regular basis to get tips about what books or other texts contain information relevant to our research projects. Many of our works have been scanned by Google as part of its Library Project. Those of us whose works are part of the GBS corpus are pleased at the prospect that our works, particularly those that are out-of-print, are now more accessible to other scholars and members of the public through the “snippets” that Google serves up in response to search queries seeking information that can be found in our works. We believe that our works will be more widely read because of their accessibility through GBS, either through greater utilization of books through lending from library collections or new sales of our works because of links that Google provides to sources from which our works are available. We believe that our works of scholarship are more typical of the contents of research library collections than works of the three named plaintiffs in this case. Betty Miles is the author of numerous children’s books. Jim Bouton is a former baseball pitcher who has written both fiction and nonfiction books based on his experiences as a baseball player. Joseph Goulden is a professional writer who has written a number of nonfiction books on a variety of subjects, including a book about “superlawyers.” None of these three are academic authors. Their books are aimed at a popular, rather than an academic, audience. As professional writers, their A-312 Case 1:05-cv-08136-DC Document 1036-5 Filed 07/27/12 Page 3 of 6 motivations and interests in having their books published would understandably be different, and likely more commercial, than those of academic scholars. Hence, our concern is that these three do not share the academic interests that are typical of authors of books in research library collections. As we explain further below, the clearest indication that the named plaintiffs do not share the same priorities typical of academic authors is their insistence on pursuing this litigation. Many of the academic signatories to this letter were also signatories of two letters submitted on behalf of academic authors who objected to specific provisions of the proposed settlement of the Authors Guild v. Google lawsuit. Those letters articulated several particularized reasons why we thought that the interests of academic authors had not been adequately represented in the negotiations that produced the proposed settlement. Your opinion rejecting the proposed settlement affirmed that the interests of academic authors had not been adequately represented by the plaintiffs or their lawyers. It is worth noting that two of the three individual plaintiffs (Miles and Goulden) who seek to be designated as class representatives at this point in the litigation were identified as class representatives for purposes of the proposed settlement. The same associational plaintiff (the Authors Guild) remains in the case. And the lawyers who now seek to be designated as class counsel are the same as those who participated in the proposed GBS settlement negotiations. Because they did not adequately represent the interests of academic authors in the past, we have reason to doubt that they will represent our interests well in the future. It bears mentioning that despite our having raised numerous objections and concerns about the proposed settlement in a very public way by putting them in the court record, none of us has been contacted by the proposed class representatives, the Authors Guild, or the lawyers who want to be designated as class counsel to ask for our opinion about what our interests are, whether to pursue this litigation, what relief to seek, on what terms to settle it, or anything else. This lack of communication reinforces our concerns that the proposed class representatives and the Authors Guild are not adequately representing the interests of academic authors at this juncture. Most significantly, their decision to continue the litigation shows that they do not share academic values, goals or objectives. None of us would have initiated a lawsuit against Google for copyright infringement in the first place because it scanned our and other academic authors’ books for purposes of indexing their contents and serving up snippets in response to search queries. Some of the signatories to this letter believe strongly that such scanning is fair use as a matter of copyright law; others of us believe that Google has a plausible and probably persuasive fair use defense to a claim of copyright infringement for such scanning; a few of us may have doubts about the fairness of this use of books from research library collections, but even so, we would not have felt strongly enough about the claim of infringement to initiate the lawsuit in the first place. By pursuing this lawsuit as a class action in the aftermath of the failure of the proposed settlement and not reaching a new settlement, we believe that the proposed class representatives and the associational plaintiff in this case are engaged in actions that are antithetical to the interests of academic authors who would be swept into the class that the plaintiff’s lawyers are seeking to have certified. Page 2 of 5 A-313 Case 1:05-cv-08136-DC Document 1036-5 Filed 07/27/12 Page 4 of 6 Not only do we believe that Google should not be found liable for copyright infringement for the scanning of in-copyright books from major research library collections, but we believe that the plaintiffs and their lawyers are asking for remedies that we find deeply troubling and counter to our interests. We would not, for instance, want the court to issue an injunction to require Google to stop scanning books from library partner institutions. An injunction that would forbid indexing copyrighted works and making snippets of information available to the public raises serious First Amendment concerns and are contrary to the values of promoting broad access to information that academic authors share. Nor do we think it is reasonable to seek statutory damages for each of the 12 million or so incopyright books that Google has scanned from research library collections. One can understand that Betty Miles, Jim Bouton, and Joseph Goulden would want statutory damage awards, and even more why class counsel would be seeking a large award for the class that might bankrupt Google, or at least extract an extraordinarily large award (a minimum perhaps of $9 billion), for acts which, in our opinion, have caused no actual harm to the plaintiff class. We academic authors consider the request for statutory damages to be unreasonable and antithetical to our interests because we think a company such as Google should not be punished so severely for acts that have caused no harm to us or others like us, especially since so many of the books that Google has scanned are academic works that are out-of-print and/or orphan works. For these reasons, we object to the plaintiff’s motion for certification of the proposed class, to the designation of Miles, Bouton, and Goulden as class representatives, and to the appointment of Michael Boni and Joanne Zack as class counsel. Sincerely, Pamela Samuelson Richard M. Sherman Distinguished Professor of Law, Berkeley Law School On behalf of the following individuals (whose academic affiliations are for identification purposes only): Patricia Aufderheide, American University Russ B. Altman, Stanford University Steven Bellovin, Columbia University Geoffrey C. Bowker, University of California, Irvine Robert Brauneis, George Washington University Dan Burk, University of California, Irvine Michael W. Carroll, American University Anupam Chander, University of California, Davis Margaret Chon, Seattle University Danielle Citron, University of Maryland Julie E. Cohen, Georgetown University Page 3 of 5 A-314 Case 1:05-cv-08136-DC Document 1036-5 Filed 07/27/12 Page 5 of 6 Kevin Collins, Washington University in St. Louis Robert Darnton, Harvard University Peter Decherney, University of Pennsylvania David L. Dill, Stanford University Holly Doremus, University of California, Berkeley Paul Duguid, University of California, Berkeley Jeffrey L. Elman, University of California, San Diego Malcolm M. Feeley, University of California, Berkeley Edward Feigenbaum, Stanford University Brett M. Frischmann, Benjamin N. Cardozo School of Law William Gallagher, Golden Gate University Jon M. Garon, Northern Kentucky University Laura Gasaway, University of North Carolina at Chapel Hill Shubha Ghosh, University of Wisconsin Robert J. Glushko, University of California, Berkeley Eric Goldman, Santa Clara University Bronwyn Hall, University of California, Berkeley Harry Hochheiser, University of Pittsburgh Kinch Hoekstra, University of California, Berkeley Judith E. Innes, University of California, Berkeley Peter Jaszi, American University Douglas W. Jones, University of Iowa Russell Jones, University of California, Berkeley Steven Justice, University of California, Berkeley Jeffrey Knapp, University of California, Berkeley Raymond Ku, Case Western Reserve University Michael B. Landau, Georgia State University Lawrence Lessig, Harvard Law School Jessica D. Litman, University of Michigan Michael Madison, University of Pittsburgh Donald Mastronarde, University of California, Berkeley Jonathan Masur, University of Chicago Jerome McGann, University of Virginia William McGeveran, University of Minnesota Stephen McJohn, Suffolk University Donald A. McQuade, University of California, Berkeley Michael J. Meurer, Boston University Deirdre Mulligan, University of California, Berkeley Johanna Nichols, University of California, Berkeley Anne Joseph O'Connell, University of California, Berkeley Page 4 of 5 A-315 Case 1:05-cv-08136-DC Document 1036-5 Filed 07/27/12 Page 6 of 6 Michael A. Olivas, University of Houston Law Center David S. Olson, Boston College Frank A. Pasquale, Seton Hall University Thomas Pogge, Yale University David Post, Temple University Jerome Reichman, Duke University Gene Rochlin, University of California, Berkeley Matthew Sag, Loyola University Chicago Niels Schaumann, William Mitchell College of Law Rich Schneider, University of California at San Francisco Jason Schultz, University of California, Berkeley Jessica Silbey, Suffolk University Eugene H. Spafford, Purdue University Christopher Sprigman, University of Virginia Philip B. Stark, University of California, Berkeley Stewart E. Sterk, Benjamin N. Cardozo School of Law Madhavi Sunder, University of California, Davis Peter P. Swire, Ohio State University Stefan Tanaka, University of California, San Diego David S. Touretzky, Carnegie Mellon University Elizabeth Townsend Gard, Tulane University Jennifer Urban, University of California, Berkeley Siva Vaidhyanathan, University of Virginia Kathleen Vanden Heuvel, University of California, Berkeley Eric von Hippel, Massachusetts Institute of Technology Dan Wallach, Rice University Steven Weber, University of California, Berkeley Alan Weinstein, University of California, Berkeley Terry Winograd, Stanford University Martha Woodmansee, Case Western Reserve University Jonathan Zittrain, Harvard Law School cc: Michael J. Boni, Esq., Counsel for Plaintiffs Joanne Zack, Esq., Counsel for Plaintiffs Daralyn J. Durie, Esq., Counsel for Defendant Joseph C. Gratz, Esq., Counsel for Defendant Page 5 of 5 A-316 Case 1:05-cv-08136-DC Document 1036-6 Filed 07/27/12 Page 1 of 6 EXHIBIT 6 A-317 Case 1:05-cv-08136-DC Document 1036-6 Filed 07/27/12 Page 2 of 6 Eric 411312012 Zohn, Eric - 4/13/2012 Page 1 Page 1 1 UNITED STATES DISTRICT COURT UNITED STATES DTSTRICT COURT 2 SOUTHERN DISTRICT OF NEW YORK SOUTHERN DISTRICT OF NEW YORK 3 4 5 THE AUTHORS GUILD, INC., et THE AUTHORS GUILD, INC., et )) al., )Civil Action ãI. , ) Civil Action No. )05 CV 8136 ) 05 cv 8136 (DC) Plaintiffs, ) Plaintiffs, ) vs. VS. 6 ) ) 7 GOOGLE, GOOGLE, INC., ) ) 8 9 9 Defendant. Defendant. ) ) ----------------------------) -------) Friday, Apri 13, Friday, Apri 13, 2012 2:36 p.m. 2236 10 11 12 T2 13 14 L4 15 t-5 16 I6 Videotaped Deposition of ERIC ZOHN, Videotaped Deposition of ERIC held at the offices of William Morris hetd at the offices of Wiltiam Morris Endeavor, 1325 Avenue of the Americas, Endeavor, L325 Avenue of the New York, New York 10019, pursuant to New York, New York 10019, pursuant to Subpoena, before Otis Davis, a Notary Subpoena, before Otis Davis, a Public of the State of New York. Public of the State of New 17 r'7 18 1B 19 T9 20 21 2T 22 22 23 23 24 24 25 25 (#442672) (# 442612) Merrill Corporation -- San Francisco Merrill Corporation San Francisco 800-869-9132 800-869-91 32 www.merrillcorp.com/law www. merri lcorp. com/law I A-318 Case 1:05-cv-08136-DC Document 1036-6 Zohn, Eric Zohn, Eric Filed 07/27/12 Page 3 of 6 - 4/13/2012 4/13/2012 Page t2 Page 12 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 I 9 9 10 10 11 11 12 L2 13 13 14 14 15 15 16 16 17 L1 18 18 19 79 20 20 21 2! 22 22 23 23 24 24 25 25 MS. ZACK: Objection, leading. MS. ZACK: Objection, leading. A. Any agent has a fiduciary duty to its Any agent has a fiduciary duty to its A. client, to the principal. We're not unlike any other client, to the principal. We're not unlike any other agent. We have a fiduciary duty to act in our agent. We have a fiduciary duty to act in our client's best interest. It's not an arm's-length clientts best interest. It's not an arm's-length relationship, it's not a partnership. We're relationship, it's not a partnership. We're an agent, we work for our clients. agent, we work for our clients. How many authors are by the Q. How many authors are represented by the Q. agents the William Morris Endeavor agents in the Vüilliam Morris Endeavor book department? MS. ZACK: Is that currently you MS. ZACK: Is that currently you mean? THE WITNESS: It doesn't matter currently THE WITNESS: It doesn't matter currently or not. or A. A. I don't really know the answer to that, I don't really know the answer to that, because there are authors we represent who have because there are authors we represent who written a lot of books, some we represent, some we written a lot of books' some we represent, some don't, there are books we represent and the clients don't, there are books we represent and the clients aren't here anymore because of the way the agency arenrt here anymore because of the way the papers are -- I mean, we probably have active current I mean, wê probably have active current papers are authors, several hundred. authors, several hundred. Q. a. Can you name some of those authors? Can you name some of those authors? A. A. Sure I could. Sure I coul-d. Q. O. Would you name some of those authors? Would you name some of those authors? A. A. We represent Judy Blume, we represent We represent Judy Blume, we represent Daniel Keyes, we represent Kathy Reichs, we represent Daniel Keyes, we represent Kathy ReiChs, w€ represent 800-869-9132 BO0-B 69-9132 Merrill Corporation - San Francisco Merrill Corporation San Francisco www.merrillcorp.com/law w\^/w.merril-J-corp. com/Iaw A-319 Case 1:05-cv-08136-DC Document 1036-6 Zohn, Eric Zohn, Eric Filed 07/27/12 Page 4 of 6 - 4/13/2012 4/13/2012 Page 13 Page 13 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 1O 11 11 12 12 13 13 14 14 15 15 16 16 17 Ll 18 1B 19 L9 20 20 21 2I 22 22 Steven Leavitt, Stephen Dubner, fiction, nonfiction, Steven Leavitt, Stephen Dubner, fiction, nonfiction, literary fiction, all sorts of genres. IiLerary fiction, âll sorts of genres. Q. In terms of the size of various literary In terms of the size of various literary Q. agencies, where does Morris Endeavor rank in agencies, where does William Morris Endeavor rank in terms the literary? terms of the size of literarY? Well, as as the number of agents A. Well, as far as the number of agents and A. clients, we're I believe the biggest. Probably the clients, we're I believe the biggest. Probably the biggest probably the biggest in all respects. biggest -- probabJ-y the biggest in al-I respects. Most literary agencies are very small. Most literary agencies are very small. Q. Do you recall whether J.J. Abrams is Do you recall whether J.J. Abrams is one O. of your book clients? of your book clients? A. He is. He was a client in all areas. A. He is. He was a client in all areas. We did a book deal for him. I think the representation did a book deal for him. I think the representation overall is in flux, but I know we are still overal-l- is in flux, but I know we are stil-lIt's a representing the book that we sold for him. representing the book that we sold for him. It's a qualified yes. qualified Is Diane Keaton one of your literary Q. Is Diane Keaton one of your literary a. clients? clients? A. A. I We sold one book for Diane Keaton. We sol-d one book for Diane Keaton. I do not believe she is a client otherwise. not bel-ieve she is a cl-ient otherwise. Q. O. Is John Waters one of your literary Is John Waters one of your literary clients? clients? 23 23 Ã A. Voc lro r e Yes, he is. 24 24 Q. O. Is Alice Munro one of your literary Is Alice Munro one of your literary 25 25 Lee t II clients? clients? 800-869-9132 BOO-B 69-9132 Merrill Corporation - San Francisco Merritl Corporation San Francisco www.merril-1corp. com/law www.merrillcorp.com/law A-320 Case 1:05-cv-08136-DC Document 1036-6 Zohn, Eric Zohn, Eric Filed 07/27/12 Page 5 of 6 - 4/13/2072 4/13/2012 Page 18 Page 18 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 B 9 9 10 10 11 11 12 L2 13 13 14 14 15 15 16 76 17 I'7 18 18 19 19 20 20 21 2t 22 22 23 23 24 24 25 25 questions and I'll object if think they're questions and I'l-l object if II think they're incorrect. íncorrect. Q. Mr. Zohn, will you understand what I'm Mr. Zohn, will you understand what I'm Q. asking if refer Library Project to include asking if I refer to the Library Project to include scanning books libraries and making certain the scanning of books in libraries and making certain uses those books scanned in libraries? uses of those books scanned in libraríes? If they're without permission? A. If they're without Permission? A. Q. Q. A. A. Q. O. Yes. Yes, I understand that distinction. Yes, understand that distinction. Does William Morris Endeavor have a view Does Wil-liam Morris Endeavor have a view as to whether the Google Books Search Library Project as to whether the GoogJ-e Books Search Library Project has an effect on the potential market for any books? has an effect on the potential market for any The view of the agency is that scanning The view of the agency is that scanning A. A. books to create a search database that may also books to create a search database that may also display snippets from the books is probably disptay snippets from the books is probably beneficial to authors, at least who appear high in beneficiat to authors, ât least who appear high in It's the results of the search, but it's narrow. the results of the search, but it's narrow. It's using the books to create a database that's using the books to create a database that's searchable. That we believe is beneficial to the searchable. That we believe is beneficial to the author. author. Anything that you may also do beyond that Anything that you may also do beyond that you'd have to ask me specifically. you'd have to ask me specifical-Iy. Q. O. Why does William Morris Endeavor take Why does Wiltiam Morris Endeavor take that view? that view? A. A. That it's beneficial to the authors? That it's beneficial to the authors? Q. O. That view, yes. That view, Yes. 800-869-9132 B OO-8 69-9132 Merrill Corporation - San Francisco MerriII Corporation San Francisco \^tww. merrillcorp. com/l-aw www.merrillcorp.com/law A-321 Case 1:05-cv-08136-DC Document 1036-6 Zohn, Eric Zohn, Eric Filed 07/27/12 Page 6 of 6 - 4/73/20L2 4/13/2012 Page 19 Page 19 1 1 2 2 3 3 4 4 5 5 6 6 7 1 8 B 9 9 10 11 12 I2 13 14 I4 15 16 I6 17 r'l 18 18 19 I9 20 21 27 22 22 23 23 24 24 25 25 A. Because us it's to a Google Because to us it's analogous to a GoogJ-e A. Web site search. think we all know how important Web site search. I think we al} know how important the results let me start that again. the results -- let me start that again. Many people use Google as their search Many people use Google as their search engine and people want come up high in the engine and people want to come up high in the search results and they want people even want to come resul-ts and they want to -- people even want to come up next to the search results or pay to be on top of up next to the search results or pay to be on top of the search results, and I use that personally. I the search results, and I use that personal-Iy. I search Google all the search Google all- the time. It's a very beneficial tool for me It's a very beneficial- tool for me and for my colleagues. When we search for any sort of for my colleagues. Vühen we search for any sort of information on the Internet, it seems to us that information on the Internet, it seems to us that our -- that a similar tool for books would be as that a similar tool for books woul-d be our beneficial to the authors as it is to the Web sites beneficial- to the authors as it ís to the Web sites that come up high in the Goog1e search. that come up high in the Google ô How does that affect the potential market Q. How does that affect the potential market for books? for A. Well, if people are searching for Vüelt, Lf people are searching for A. information and it becomes easy to find your product information and it becomes easy to find your product in a very, very, very, very crowded marketplace where in a very, very, very/ very crowded marketpl-ace there are -- I don't even know the number of how many I don't even know the number of how many there are books are published every year, year after year after books are publ-ished every year, year after year after year, II think any tool that helps readers.or buyers year, think any tool that helps readers-or buyers find your product above someone else's is beneficial. find your product above someone else's is beneficial. Does William Morris Endeavor have a view Q. Does Witliam Morris Endeavor have a view U. 800-869-9132 B O0-B 69- gI32 II Merrill Corporation - San Francisco MerriÌt Corporation San Francisco www. merrillcorp - com/l-aw www.merrillcorp.com/law A-322 Case 1:05-cv-08136-DC Document 1036-7 Filed 07/27/12 Page 1 of 3 EXHIBIT 7 A-323 Case 1:05-cv-08136-DC Document 1036-7 Filed 07/27/12 Page 2 of 3 MEMO: Regarding the Google Book Settlement As many of you probably know, a group of publishers and a group representing authors filed a class action suit against Google alleging copyright infringement. This claim stemmed from Google's digitization of books and subsequent use of those copies in its Google Book Search program. Google Book Search allowed users to search inside a book, for quotes or other information, and would display "Snippets" of the book containing the quote or information. Google's stance was, and is, that the anticipated uses constituted fair use under the US Copyright Act and could be done without permission from the copyright owner. The parties reached a settlement on this dispute and have submitted a Settlement Agreement to a Federal District Court. This Settlement Agreement is pending approval from the Court. While approval is pending, copyright owners in books published before January 5, 2009 must decide whether they wish to participate in the Settlement Agreement or opt-out of the Agreement. The deadline for opting-out has been extended from May 5,2009 to September 4,2009. If the rightsholder does nothing, they are immediately bound by the Settlement. Below is a brief summary ofthe basics of the Google Book Settlement Agreement and our recommendations. The Settlement Agreement, if approved, would bind copyright owners in any book published prior to January 5, 2009 to its terms. The Settlement Agreement gives Google the non-exclusive right to digitize any book published prior to January 5 and place the digitization in its Google Book Search database. Once in the database, Google can display and/or sell electronic copies of the work, subject to certain limitations set by the copyright owner, if the owner can be found. There are a variety of different display options, from Snippet view to a full text display. A copyright owner is included in the Settlement by default. However, a form must be filed to opt-out of the Settlement. By participating, a copyright owner is binding his, her or its work to the terms of the Settlement Agreement. The benefits to copyright owners who participate are: if GoogJe has already digitized a work, the copyright owner is entitled to at least $60 for each digitized book; a copyright owner can specify which display options (Snippet, full length, etc.) Google may use for his or her work; a copyright owner can ask Google to remove his, her or its work from the Google Book Search database completely; and if Google sells a work, the copyright owner is entitled to a pre-determined 'percentage of revenues obtained from such sales. m ~ iii =i The benefits to copyright owners who opt-out are: the copyright owner retains all rights to take later legal action against Google for any illegal uses of their book or insert; the terms of the Settlement Agreement, which have no end date, will not apply to a particular copyright owner's work; and a copyright owner can specify on the opt-out form whether they want their book removed from the Google Book Search database completely or whether they wish to have Google contact them separately to negotiate different terms for inclusion in the database. Regardless of which choice is made, we do not recommend removal from GoogJe's Book Search database. It appears that simple inclusion in the database is a fair use and not detrimental to the copyright owner in any way. It also appears to be in an author's best interest to have their work come up in a search through the database, just as website rankings are desirable in connection with A-324 Case 1:05-cv-08136-DC Document 1036-7 Filed 07/27/12 Page 3 of 3 Google searches. Additionally, Google Book Search currently lists, on the right of the screen, which distributors have the book for sale, along with a link for purchase. That said, we believe it is in the best interest of our clients to opt-out of the Settlement Agreement. The Settlement Agreement applies only to those works published before January 9, 2009. All works created and published after this date will require separate negotiation with Google for inclusion in the Google Book Search database. There is an argument that later negotiated terms may be less favorable, but we believe this speculation is unwarranted. We believe Google will be inclined to offer similar terms for works published after January 5, and that many of our clients may be able to demand more favorable terms or we may be able to do so on an agency wide basis. Additionally, there is no term limit to the Settlement Agreement. If a copyright owner participates, their work is subject to the Agreement for the term of copyright. We find it questionable to bind some works to the Settlement terms for the term of cOPl"ght when we will be in position to negotiate shorter terms for those works created after January 5 . Most of our clients have a list of works they have created. It would seem easier to have the same terms applied to all these works, rather than disparate terms for past/present works and future works. Some rights owners may wish to participate for the cash payment, if applicable, and then tell Google to remove their work(s) from the database. As previously stated, we do not believe it is in the best interest of a client to have their work completely removed from the database. In addition, we are of the belief that Google was correct in its assessment that its stated use of "Snippets" constituted fair use under the US Copyright Act. Consequently, it is punitive to participate in the ~ettlement to obtain the $60 dollars Google is offering because such use is legally allowable without payment or permission. Opting-out of the Settlement Agreement is relatively simple but must be done by Friday, September 4, 2009. To opt-out, a rightsholder should go to the Google Book Settlement website at www .googlebooksettlement.com and select opt-out from the tabs at the top of the screen. Contact information on the form must be filled out, but a list of the client's affected works is not mandatory. A rights holder has the option on the form to have Google remove their work from the database or contact the rightsholder to discuss granting certain rights beyond simple inclusion of their works in the database. We recommend that our clients select the box requesting Google contact them and not the box requesting removal from the database and then refer Google to us to negotiate. Our clients who choose to opt-out may file an opt-out fonn on their own (via the website above) or have the agency file an opt-out form on their behalf. Clients who choose to have the agency opt-out on their behalf should send an email togooglebooksettlement@wmeentertainment.com. We suggest to our clients that everyone opt-out even if a publisher currently holds exclusive publishing rights to their work. Since the Settlement Agreement applies for the term of copyright, a client may gain control of the applicable rights before the term of copyright expires. It is better to file an opt-out form now so that ifreversion occurs, we are positioned to negotiate with Google accordingly. The time limit for opting-out approaching. It is possible, after going through the trouble of opting-out, the Court will not approve the Settlement Agreement and these instructions will be moot. However, ifthe Court approves the Settlement; we want our clients to be best suited to benefit. All information contained in this memo is for informational purposes only and not intended to be legal advice. We encourage any clients who feel they are in need of legal advice regarding this matter to consult a licensed attorney. A-325 Case 1:05-cv-08136-DC Document 1037 Filed 07/27/12 Page 1 of 2 DURIE TANGRl LLP DARALYN I. DURIE (Pro Hac Vice) ddurie@durietangri.com JOSEPH C. ORATZ (Pro Hac Vice) jf:,wnltz@duriemngri.com DAVID McGO\VAN (Pro Hac Vice) dmcgowan@durietangri.com GENEVIEVE P. ROSLOFF (Pro Hac Vice) grosloff@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant Google Inc. IN THE UNITED STATES DISTRlCf COURT FOR THE SOUTHERN DISTRlCT OF NEW YORK THE AUTHORS GUILD, INC., Associational Plaintiff. BErrY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all other similarly situated, Plaintiffs, Civil Action No. 05 CV 8136 (DC) ECFCase v. GOOGLE INC., Defendant. DECLARATION OF ALBERT N. GRECO IN SUPPORT OF DEFENDANT GOOGLE INC.'S l\-IOTION FOR SUMMARY JUDGME~T A-326 Case 1:05-cv-08136-DC Document 1037 Filed 07/27/12 Page 2 of 2 I. Albert N. Greco, declare as follows: 1. I am a Professor of Marketing at Fordham University's School of Business: The Gabelli S~hool of Business and the Graduate School of Business Administration. 2. 1 have been retained by Defendant Google Inc. as an expert in this matter to describe the characteristics and practices in the book industry, such as mergers, acquisitions, and reversions, that effect one's ability to locate rights holders for books; the benefits to authors of making it easy for potential readers to find their books; and industry custom and practice pertaining to the sales and marketing of books, and in particular to the practice of allowing potential buyers to search within books. 3. My expert report, which was submitted in this matter on May 4, 2102, is attached hereto as Exhibit A. The facts in that report stated on my personal knowledge are true and correct. The report also states truly and correctly my opinions in this matter, based on the facts of which I have personal knowledge and the additional information reflected in the report. 1 declare under penaJty of perj wy under the laws of the United States of America that the foregoing is true and correct Executed on July .f}2012 in New York, New York. Albert N. Greco A-327 Case 1:05-cv-08136-DC Document 1037-1 Filed 07/27/12 Page 1 of 65 EXHIBIT A A-328 Case 1:05-cv-08136-DC Document 1037-1 Filed 07/27/12 Page 2 of 65 DURIE TANGRI LLP DARAL YN J. DURIE (Pro Hac Vice) ddurie@durietangri.com JOSEPH C. GRATZ (Pro Hac Vice) jgratz@durietangri.com DAVID F. MCGOWAN (Pro Hac Vice) dmcgowan@durietangri.com GENEVIEVE P. ROSLOFF (Pro Hac Vice) grosloff@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant Google Inc. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE AUTHORS GUILD, INC., Associational Plaintiff, BETTY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all other similarly situated, Plaintiffs, Civil Action No. 05 CV 8136 (DC) ECF Case v. GOOGLE INC., Defendant. EXPERT REPORT OF PROFESSOR ALBERT N. GRECO May 3,2012 A-329 Case 1:05-cv-08136-DC Document 1037-1 1. Filed 07/27/12 Page 3 of 65 I am a professor of Marketing at Fordham University's Schools of Business: The Gabelli School of Business and the Graduate School of Business Administration. I have studied the U.S. book publishing industry for twenty-seven years. I am the author or editor of twelve scholarly books, twenty scholarly articles, and nineteen chapters in edited volumes. The vast majority of these publications addressed some aspect of the book publishing industry. I also have worked on ten professional books containing essays and statistical datasets about the book industry. My curriculum vitae is attached to this report as Exhibit A. Cases in which I testified previously are listed in Exhibit B. I am being paid $350 per hour for my work on this case. A list of materials provided by counsel for Google Inc. that I considered in the preparation of this report is attached as Exhibit C; other materials I considered are cited herein. 2. I have been asked to describe the following: a. b. The benefits to authors of making it easy for potential readers to find their books; and . c. 3. Characteristics and practices in the book industry, such as mergers, acquisitions, and reversions, that affect one's ability to locate rights holders for books; Industry custom and practice pertaining to the sales and marketing of books, and in particular to the practice of allowing potential buyers to search within books. In brief, my opinion on these topics is as follows: a. Given the many factors that make it difficult to trace rights holders, it would be infeasible to clear rights for any comprehensive attempt to digitize books, such as the 20 million plus books in Google Books. b. Custom and practice in the book industry recognize that it is both difficult for authors to have their works discovered by potential readers and important for authors to make it easy for readers to find their works. Search tools such as Google Books, which make it easier for authors to be found, benefit rather than harm authors. c. Authors are paid for sales, not searches. Both as a matter of industry custom and practice, and in my own personal experience, authors do not receive royalties in return for allowing their works to be searched. Search tools benefit authors, and it makes no sense for authors to demand payment or to be paid for the development of things that help them sell books. A-330 Case 1:05-cv-08136-DC Document 1037-1 4. Filed 07/27/12 Page 4 of 65 I understand that Google has scanned more than 20 million books in connection with the Google Books project. I Users may search the text of these books to find books they might wish to buy or check out from a library? For some books that are subject to copyright, a user's search may return a "snippet" oftext. 3 On each page that shows a snippet, Google provides links to bookstores or libraries where the book identified by- a search may be bought or 4 borrowed. Google displays no more than three snippets in response to a search, no matter how many times a search tenn appears in a book. 5 Google does not display snippets for reference works such as dictionaries,6 and its technology prevents users from viewing a full page of a book or stitching snippets together to copy a whole book. 7 5. Other books are in Google's "Partner Program." Publishers of books in this program have given Google pennission to display full pages of text rather than snippets. Over 45,000 publishers have signed up for this program, which includes over 2.5 million books. 8 One of my books, The Book Publishing Industry, is in the partner program. 6. The nature of the book publishing industry makes for a very complicated rights situation that, for some books, can be very costly and difficult if not impossible to unravel. Based on my knowledge of the industry, and given the comprehensiveness of Google Books, in my opinion it would not have been possible to find the copyright holder for a significant portion of those books, much less all of them. I Declaration of Daniel Clancy in Support of Google's Opposition to Plaintiffs' Motion for Class Certification ~4. For books that come from libraries working with Google, the library may choose to download a copy of books it has provided to be scanned. Defendant Google Inc.'s Supplemental Narrative Responses and Objections to Plaintiffs' Second Request for Production of Documents and Things, November 2, 2011, p. 8. 2 Id. ~2. 31d. 4 Id. ~3. 5 Id. ~8 61d. ~9; Deposition of Daniel Clancy, February 10,2012, at 90; 188. 7 Clancy Declaration ~10. 8 Id~6. 2 A-331 Case 1:05-cv-08136-DC Document 1037-1 7. 2009. 9 Filed 07/27/12 Page 5 of 65 The Register of Copyrights records 8,636,703 books registered between 1923 and These books are the product of many different publishers. The Commerce Department, for example, tracks slightly more than 3,000 publishing firms.1O That 45,000 publishers participate in Google' s Partner program indicates that the Commerce Department data reveal just the tip of the iceberg. 8. This large number of publishers is not static. From a rights clearance point of view it can represent a moving target because mergers and acquisitions are common in the book publishing industry. Particularly in the 1960s, a trend in which companies undertook conglomerate mergers led to the acquisition, and sometimes repeated acquisition, of publishers. 11 Conglomerate mergers often did not work out, however, which led to more transactions as conglomerates divested their publishing interests. Overall, there were 1,253 mergers and acquisitions reported in the book industry between 1960 and 2001. 12 These transactions affect See historical data related to the Annual Report of the Register of Copyrights covering the years 1923-2009 at www.loc.gov. Data for 2005 was not available; no estimate was made for that year. I also reviewed annual new book title output from the R.R. Bowker Company. Between 1923 and 2009, Bowker listed 6,178,247 new published books. Jean Peters. "Book Industry Statistics from the R.R. Bowker Company." Publishing Research Quarterly 8, 3 (Fall 1992): 12-23. Also see various issues of The Bowker Annual and The Library and Book Trade Almanac 1990-2000; and Bowker press release "New Book Titles and Editions, 2002-20 I 0; May 2011. The Bowker Annual changed its name to The Library and Book Trade Almanac in 2008. Also see Albert N. Greco. The Book Publishing Industry 2nd ed. (Mahwah, NJ: Erlbaum, 2004), pages 338-341. 9 10 See U.S. Department of Commerce, Bureau of the Census. The Statistical Abstract of the United States 2012 (Washington, DC: U.S. Department of Commerce, Bureau of the Census, 2012), page 709, Table 1128. Also see www.census.gov/services/sas/data sumary51.html; www.census.gov/services/saslsas datalsas51.html. II For example, Bantam Books was launched in 1945 by Ian and Betty Ballantine. At that time, the company was owned by the Curtis Circulation Company, Grosset & Dunlap, and a few other investors. In 1968 Bantam was sold to National General Cinema, which was itself sold to the American Financial Corporation when it acquired National General Cinema in 1973. That same year Giovanni Agnelli's Instituto Finanazario Industriale (lFI) purchased Bantam for $70 million. In 1976 Agnelli sold 51 % of Bantam to Bertelsmann AG. In 1986 Bertelsmann purchased Doubleday Dell, merging them into Bantam Doubleday Dell. In 1998 Bertelsmann bought Random House from the Newhoouse-Conde Nast operation. 12 Albert N. Greco. "Mergers and Acquisitions in the U.S. Book Publishing Industry: 1960-1989," in International Book Publishing: An Encyclopedia, ed. Philip G. Altbach and Edith S. Hoshino (New York: Garland Publishing, 1995), pp. 229-242; Albert N. Greco. "Publishing Economics: Mergers and Acquisitions Within the Publishing Industry 1980-1989," in Media Economics: Theory and Practice, ed. Alison Alexander, James Owers, and Rodney Carveth (Hillsdale, NJ: Erlbaum, 1993), pages 205-224; Albert N. Greco. "The Impact of Horizontal Mergers and Acquisitions on Corporate Concentration in the U.S. Book Publishing Industry: 1989-1994," The Journal of Media Economics 12, 3(Fall 1999): 165-180; Albert N. Greco. "Market Concentration in the U.S. Consumer Book Industry: 1995-1996," The Journal ofCultural Economics 24, 4 (November 2000): 321-336; Albert N. Greco, Clara E. Rodriguez, and Robert M. Wharton. The Culture and Commerce of Publishing in the 3 A-332 Case 1:05-cv-08136-DC Document 1037-1 Filed 07/27/12 Page 6 of 65 rights clearance because some companies or imprints were consolidated into existing companies and some were acquired and terminated with little or no public notice. Some publishers, of course, simply went out of business. 13 9. Rights clearance can also be a moving target because even if a publisher stays in business and keeps its name, the rights to a particular book may have reverted to the author. 14 Publishers typically have the right to declare a book out of print; in some cases such a declaration either causes the rights to revert to the author or allows the author to claim the rights. IS I have signed 12 book contracts and have obtained reversions of the rights in my own books.No public notice is required if that happens. A person or company looking to clear copyright on a book might have no way of knowing whether to contact the publisher or the author or authors. Authors, such as plaintiffs in this case, may not be sure if they have the rights to their books. 16 If the publisher did not keep good records, it might not know whether it had the rights to a particular book, either. 10. In addition to reversion, publishers, authors, or the estates of authors periodically sell print book rights. Some of these sales are well publicized by the media but most such transactions receive little or no public notice. There is no central agency or office reporting or tracking these rights transactions. In the vast majority of cases in which rights were sold, looking at the name of a book's publisher likely would not reveal who currently held the rights. 11. As part of my scholarly study of the book publishing industry, I have discussed sales and marketing practices with over 50 academic publishers and with large commercial 2r' Century (Stanford: Stanford University Press, 2007), pages 10-15; Albert N. Greco. The Book Publishing Industry 2"d ed. (Mahwah, NJ: Erlbaum, 2004), pages 64-67. 13 Deposition of Joseph Goulden, January 6, 2012 pp. 70:6-71:6; Deposition of Jim Bouton 53:7-15. 14 Goulden deposition pp. 61 :22-24; Bouton deposition 75:3-9. IS Mr. Goulden testified in his deposition the "common industry practice" is "[w]hen it goes out of print, it's yours." Id. at 69: 12-14. 16 Deposition of Betty Miles, January 3, 2012, pp.14-16; Goulden deposition 71 :21-72:2. 4 A-333 Case 1:05-cv-08136-DC Document 1037-1 Filed 07/27/12 Page 7 of 65 publishers such as Random House, Penguin, HarperCollins, Simon & Schuster, Hachette, and Macmillan. I am of course familiar with the sales and marketing efforts for my books. 12. It is both important and hard for an author to attract the public's attention to his or her book. The marketplace is crowded. Between 2008 and 2010 almost five million new book titles and editions were released. 17 These books compete for an audience with each other, with books from previous years that might catch a reader's eye, and with things other than books a reader might choose to buy. Especially given this situation, the easier it is for a reader to find an author's book and learn about it the more likely it is that the reader will buy it. 13. Bookstore shelf space is very scarce. The number of book outlets in the U.S. has declined over the past several years: there were 25,137 outlets in the U.S. in 2002 and by 2010 that total had declined to 16,968. 18 Competition for space in the remaining outlets is strong. Between 2005 and 2010 traditional publishers alone issued over 1.7 million new titles, while a very large bookstore, such as the typical Barnes and Noble Superstore, carries between 150,000 and 170,000 unique book titles. (And the space such stores devote to books is shrinking, as they devote more space to games and toYS.)19 A book that does not sell well in such a store may be pulled from the shelves and returned to the publisher for a refund or credit, so even books that find space on the shelves may not stay there very long. There is also intense competition for book "shelf space" at other retailers, including specialty retailers such as Costco and Target. 14. To get the attention of consumers in this environment, publishers often use some ofa book's content to promote the book and they do not pay royalties for such uses. 20 The "snippet" view in Google Books is consistent with the types of uses considered promotional in the book industry. Indeed, as noted above, books in Google's Partner Program display more text 17 R.R. Bowker. "Print Isn't Dead, Says Bowker's Annual Book Production Report." May 18, 20 II. The 20 I 0 data in this report are estimated. 18 Dave Bogart, ed. The Library and Book Trade Almanac; various years. These totals exclude supermarkets (approximately 35,354) and convenience stores (about 120,000). 19 Jim Milliot, Mixed Signals From B&N, Publisher's Weekly, December 2, 2011. 20 Goulden deposition 78: 5-9. 5 A-334 Case 1:05-cv-08136-DC Document 1037-1 Filed 07/27/12 Page 8 of 65 than just snippets and over 45,000 publishers have signed up to partner with Google. I consider the full pnge..c; of text of The Book Publishing Industry thal an~ available on Google Books to be a promotional use that is entirely consistent with sales and marketing custom and practice in the book publishing industry. Authors do Dot get paid for such promotional uses; they get paid when books are sold. 21 15. For these reasons, I do not believe there is a market for licensing "search options~' such as '~Search inside this book" and/or "snippets" of text. Based on my study of the book publishing industry as well as my own experience as an author~ I see no reason to believe a market for snippet views, or for simply indexing books in a searchable form, is likely to emerge. Such indexing exists now on websites such as Amazon and it generates no payments for authors. rYlore generally, it seems to get the economics of book publishing backward to think authors would or could charge a royalty for things that make it easier for readers to find their books, learn about them, and hopefully buy them. The market in which you pay me money to help potential buyers fmd my book is not a reasonable or realistic market. ~(,A- ;5~ Dated: May 3, 2012 --- Albert N. Greco J1 And Ifrhc book i!t out of print, any promotional uses will typically only lead to the sale of used books, for which authors do not receive payment at all. 6 A-335 Case 1:05-cv-08136-DC Document 1038 Filed 07/27/12 Page 1 of 5 DURIE TANGRI LLP DARAL YN 1. DURIE (Pro Hac Vice) ddurie@durietangri.com JOSEPH C. GRATZ (Pro Hac Vice) jgratz@durietangri.com DAVID McGOWAN (Pro Hac Vice) dmcgowan@durietangri.com GENEVIEVE P. ROSLOFF (Pro Hac Vice) grosloff@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant Google Inc. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE AUTHORS GUILD, INC., Associational Plaintiff, BETTY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all other similarly situated, Plaintiffs, Civil Action No. 05 CV 8136 (DC) ECFCase v. GO OGLE INC., Defendant. DECLARATION OF KURT GROETSCH SUPPORT OF DEFENDANT GOOGLE INC.'S MOTION FOR SUMMARY JUDGMENT A-336 Case 1:05-cv-08136-DC Document 1038 Filed 07/27/12 Page 2 of 5 I, Kurt Groetsch, hereby declare under penalty of perjury: 1. I am Technical Collections Specialist for Defendant Google Inc. in the above- captioned civil action. I submit this declaration in support of Defendant's Motion for Summary Judgment. I make this declaration based on personal knowledge of the facts and circumstances set forth herein. 2. I hold a Master's Degree in Library and Information Science from the University of Illinois at Urbana-Champaign. After receiving that degree in 2006, I worked as a metadata librarian at the University of Illinois at Urbana-Champaign until joining Google in 2007. 3. In my work at Google, I use my expertise in library cataloging and electronic library systems and standards to analyze library collections and consult with Google Books engineers regarding library records and library cataloging practices. 4. Library catalogs contain bibliographic information about books, as well as specific information about the location of particular copies of books held by libraries. That data generally includes the title, author, publisher, publication year, and information about the physical form of the book, such as its number of pages and its size. 5. A library catalog record generally also includes a "call number" which identifies a book's location in the library's stacks. The "call number" may be of one of a number of types; the Dewey Decimal system is one well-known system of call numbers, as is the classification system established by the Library of Congress. A given copy of a book in a given library has only a single call number, even if it relates to more than one topic. 6. In addition, a library catalog record generally includes one or more subject-area categories to which a book relates. For example, the record for the first edition of Ball Four in the Library of Congress catalog lists it under two subject headings: "Bouton, Jim" and 2 A-337 Case 1:05-cv-08136-DC Document 1038 Filed 07/27/12 Page 3 of 5 "Basebal1." See http://lccn.1oc.gov17812012S. Some books are listed under more subject headings: for example, Joseph Goulden's book Jeny WlIIf: Labor's Last AnglY Man is listed under three subject headings: "Wurf, Jerry, 1919-," "AFSCME," and "Labor unions-United States-Officials and employees-Biography." See http://lccn.1oc.gov/Sl070110. 7. The Library of Congress Subject Headings Manual recommends that cataloging librarians generally assi'gn no more than six subject headings to a particular work, and states that Library of Congress practice is to assign no more than ten subject headings under any circumstances. See http://www.loc.gov/cdsIPDFdowuloads/shm/SHM 2010-02.pdfat 12. 8. A library catalog record does not include the contents ofa book's index (though it frequently does indicate' whether the book has an index). Nor does a library catalog record include the text of a book. 9. Some library catalog records include "Titles of separate works or parts of an item or the table of contents." http://www.loc.gov/marc/bibliographiclbdS05.html. These records include chapter titles, but do not include the iudex or full contents of the book. I have reviewed Google's database of library "MARC" records, and found that only 4.52% of those records contain this type of information. 10. Because a library catalog does not include the text of a book, library catalogs cannot be used to find books by searching for words 01' phrases that appear in the text. 11. For this reason, for example, a search of the Library of Congress catalog for "Steve Hovley" returns no results. See bUp:/Icatalog.loc.gov/cgibinlPwebl'ccon.cgi?DB=local&Search Arg=stevc+hovley&Scarch Code=GKEY%5E*&CNT= 1OO&hist= I &type=guick. That search does !lot locate, for example, Ball Fou,. because Steve Hovley is not among the subject headings assigned to that book and listed in the online catalog. 3 A-338 Case 1:05-cv-08136-DC Document 1038 12. Filed 07/27/12 Page 4 of 5 A search of Google Books for "Steve Hovley," on the other hand, returns dozens of books which discuss that major leaguer, including Ball Four and a book about the 1969 Seattle Pilots (for whom Hovley played). See https:llwww.google.com/search?g=steve+hovley&btnG=Search+Books&tbm=bks&tbo=1 . 13. Similarly, a search of the Library of Congress catalog for "Minoru Yasui" returns 23 books, only one of which has information about the Oregon lawyer (born in 1915) who challenged the constitutionality of curfews targeted at minority groups, and most of which are by or about the linguist of the same name born in 1921. See http://catalog.loc.gov/cgibinlPwebrecon.cgi?DB=local&Search Arg=minoru+yasui&Search Code=GKEY%5E* &CNT= 100&hist=l&type=quick. The one book containing information about Mr. Yasui that is found by this search includes chapter titles in its catalog record, and lists among those chapters, "Gordon Hirabayashi, Fred Korematsu, and Minoru Yasui, Internment resistance fighters." http://catalog.loc.gov/cgibinlPwebrecon.cgi?v3=17&ti=1.17&SEO=201207I7170251&Search Arg=minoru%20yasui&S earch Code=GKEY%5E%2A&CNT=IOO&type=quick&PID=05GJlfG1S3aTAkBVnuuY3iYP WxD&SID=1 14. By contrast, a search of Google Books returns dozens of books available in bookstores and libraries with information about Mr. Yasui, from a reproduction of the Supreme Court filings in Yasui v. United States to an oral history of Japanese settlers in Oregon which contains a 28-page chapter by Yasui recounting his experience. See httDs://www.google.comlsearch?g=minoru+yasui&btnG=Search+Books&tbm=bks&tbo= 1. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 4 A-339 Case 1:05-cv-08136-DC Document 1038 Executed on this Filed 07/27/12 Page 5 of 5 t.~1fday of July, 2012 at Mountain View, California. U KlM(/w.eIs&"7 Groetsch 5 A-340 Case 1:05-cv-08136-DC Document 1039 Filed 07/27/12 Page 1 of 2 DURIE TANGRI LLP DARALYN J. DURIE (Pro Hac Vice) ddurie@durietangri.com JOSEPH C. GRATZ (Pro Hac Vice) j gratz@durietangri.com DAVID McGOWAN (Pro Hac Vice) dmcgowan@durietangri.com GENEVIEVE P. ROSLOFF (Pro Hac Vice) grosloff@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant Google Inc. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE AUTHORS GUILD, INC., Associational Plaintiff, BETTY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all other similarly situated, Plaintiffs, Civil Action No. 05 CV 8136 (DC) ECFCase v. GOOGLE INC., Defendant. DECLARATION OF BRUCE S. HARRIS IN SUPPORT OF DEFENDANT GO OGLE INC.'S MOTION FOR SUMMARY JUDGMENT A-341 Case 1:05-cv-08136-DC Document 1039 Filed 07/27/12 Page 2 of 2 1, Bruce S. Harris, declare as follows: 1. I have been employed in the publishing industry for more than 40 years, including work as marketing director for Crown B~oks. founder of the Harmony Books imprint, and President of Trade Sales and Marketing at Random House. I became a consultant in 2004 and have WOIked for both authors and publishers in that capacity. 2. I have been retained as an expert in this matter by Defendant Google Inc. to describe the custom and practice in the publishing industry with regard to how book content is used to promote sales. 3. My expert report, which was submitted in this matter on May 4,2012, is attached hereto as Exhibit A. The &ets in that report stated on my personal knowledge are true and correct. The report also states truly and correctly my opinions in this matter, based on the facts ofwbich I have personal knowledge and the additional information reflected in'the report. I declare under penalty ofperjw:y under the laws of the United States of America that the foregoing is we and correct. Executed on July l).., 2012 in New York, :New York. Bruce S. Harris A-342 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 1 of 47 EXHIBIT A A-343 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 2 of 47 DURIE T ANGRI LLP DARAL YN J. DURIE (Pro Hac Vice) ddurie@durietangri.com JOSEPH C. GRATZ (Pro Hac Vice) jgratz@durietangri.com DAVID F. MCGOWAN (Pro Hac Vice) dmcgowan@durietangri.com GENEVIEVE P. ROSLOFF (Pro Hac Vice) grosloff@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant Google Inc. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. THE AUTHORS GUILD, INC., Associational Plaintiff, BETIY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all other similarly situated, Plaintiffs, Civil Action No. 05 CV 8136 (DC) ECF Case v. GOOGLE INC., Defendant. EXPERT REPORT OF BRUCE S. HARRIS May 3, 2012 CONFIDENTIAL INFORMATION A-344 Case 1:05-cv-08136-DC Document 1039-1 I. Filed 07/27/12 Page 3 of 47 Scope of work and qualifications 1. I have been asked to describe the custom and practice in the publishing industry with regard to how book content is used to promote sales. This report sets forth my background and the basis for my opinion, which is that Google Books' display of the content of books is consistent with that custom and practice and is likely to benefit authors rather than to harm them. 2. I began my publishing career at The Crown Publishing Group as a salesman, became Marketing Director in 1970 and founded the Harmony Books imprint in 1973. In 1980 I became Director of Publishing for the Crown Group, where we published The Joy ofSex, Martha Stewart's Entertaining, and Douglas Adams' Hitchhikers Guide to the Galaxy, among other notable books. 3. In 1988 I became President of Trade Sales and Marketing at Random House and supervised successful publishing strategies for books by Colin Powell, Tom Peters, and hundreds of other bestsellers. In 1999 I became Publisher-COO at Workman Books and designed and executed campaigns for N.Y. Times Bestsellers: 1,000 Places To See Before You Die by Patricia Schultz, Younger Next Year by Chris Crowley and Henry S. Lodge and The French Laundry Cookbook by Thomas Keller and Deborah Jones. I became a consultant in 2004 and have worked for both authors and publishers in many capacities, specializing in marketing and sales. In the last two years I have worked with authors to set up independent publishing companies and have established publishing divisions for Anomaly Productions and The Cooking Lab, to name two. 4. I am the former chair of the Trade Committee of the American Association of Publishers and a past president of the Publisher's Lunch Club. I am a senior faculty advisor at the Yale Publishing Course and have taught at the Stanford University Publishing Course; I lecture frequently at Pratt Institute and Pace University on publishing topics. My topic at the Yale Publishing Course is h9W to cope with the severe disruption that is occurring i~ publishing today as a result of changing technology. My CV is attached to this report as Exhibit A. I am being compensated at a rate of $450 per hour for my work. My compensation is not contingent on my opinion or the result in this case. A list of materials provided by counsel for Google Inc. CONFIDENTIAL INFORMATION A-345 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 4 of 47 that I considered in the preparation of this report is attached as Exhibit B; other materials I considered are cited herein. A list of the matters in which I have provided expert testimony is attached as Exhibit C. II. Google Books 5. Google has scanned more than 20 million books, which users may search using l Google's search engine. For some books that are subject to copyright, a user's search may return a "snippet" of text, which is about an eighth of a page in length. 2 With snippets, Google provides links to bookstores where a user can buy the book found by the search. 3 Google uses technical devices to prevent users from viewing a full book page or from compiling a book out of 4 snippets. Google does not display snippets for reference works such as dictionaries. 5 6. More than 45,000 publishers have signed up to be part of Go ogle's "Partner Program." Publishers of books in this program have given Google permission to display more text than is contained in snippets. Over 2.5 million books are in this program. 6 III. It is important to authors that their works be easy to find but the marketplace is increasingly crowded 7. Discoverability is one of the most important factors in an individual title's chance of success. Getting noticed can mean sales and sales are the primary way that authors can increase their royalties and income. Authors benefit when books are easy to find but it is getting I Declaration of Daniel Clancy in Support of Google's Opposition to Plaintiffs' Motion for Class Certification ("Clancy Decl."), ~4. 2 Clancy Decl., ~2. 3 Clancy Decl., 4 Clancy Decl., ~8, ~1 O. 5 Clancy Decl., ~9. '2. 6 Clancy Decl., ~6. I also understand that Google has scanned books from some libraries and that a library that has given GoogJe a book to scan may choose to download a copy of that scan. Defendant Google Inc.'s Supplemental Narrative Responses and Objections to Plaintiffs' Second Request for Production of Documents and Things, November 2,2011, p. 8. CONFIDENTIAL INFORMATION 2 A-346 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 5 of 47 more and more difficult to draw the public's attention to any particular title. There is so much static that most authors are finding it increasingly difficult to get noticed. 8. The most recent and most reliable projection is that over three million books were 7 published in the U.S. in 2010. At the same time, bookstore sales have declined since 2007. 8 In general, increases in sales of e-books have not as yet offset declines in print sales. 9 One publisher reports that the average U.S. nonfiction book is now selling fewer than 3,000 copies over its lifetime. 10 The averages are skewed by a relatively small number of bestsellers; very few titles are big sellers. 9. The business has changed in the digital age. For one thing, the overwhelming majority of books never see the inside ofa bookstore. One publisher estimates that up to 1,000 or more titles may compete for space on a bookstore's shelf. I I As sales migrate to e-books and shopping migrates to e-bookstores, the methods that readers use to select books are also changing. Publishers Weekly recently published a graph showing how readers find, or "discover" a book. While personal recommendations are still the most popular method, search engines now account for over 20% of buying decisions-almost the same percentage of sales attributable to advertising. 12 IV. The publishing industry traditionally has made royalty-free promotional uses of content to increase interest in and sales of books 10. For decades publishers and authors have promoted books by giving away material from inside the book to increase buyer awareness and influence sales. These promotional uses of partial texts can take many forms. One of the most well known is to use sentences or paragraphs May 18, 2011 Bowker Report, available at http://www.bowker.com/enUS/aboutus/press rooml2011/pr 051820l1.shtml. This report is Bowker's estimate based on preliminary data. 7 8 Jim Milliot, Bookstore Sales Slipped in 201 I, Publisher's Weekly, February 17,2012. 9 Jim Milliot, The Evidence Mounts, Publishers Weekly, March 5, 2012. 10 http://www.bkpextranet.com/AuthorMaterials/10AwfuITruths.htm. II http://www.bkpextranet.comlAuthorMaterials/l0AwfuITruths.htm 12 Jim Milliot & Judith Rosen, Moving Toward A Hybrid Market, Publisher's Weekly, January 20, 2012. CONFIDENTIAL INFORMATION 3 A-347 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 6 of 47 of an author's words on the jacket flaps of hard cover books or the back covers or opening pages of paperbacks. Two examples of this kind of use are attached as Exhibit D. 11. When publishers are promoting books they sometimes print chapters or short excerpts and distribute those in advance to bookstores and influential readers hoping that by offering a taste of the contents they will raise interest and get people interested in reading more and carrying the book in their stores. Publishers and authors also print excerpts of books to be sent to select lists of people or given away at bookstores or fan gatherings. An example of such an excerpt is attached as Exhibit E. Entire chapters of a book also may be distributed. An example of such a chapter is attached as Exhibit F.13 12. Publishers of illustrated books including cookbooks make "blads" showing the table of contents and selected recipes and give these blads away to create interest and increase sales. When I published Entertaining by Martha Stewart, for example, we featured some of her recipes to give readers a taste of the books contents and style. Attached as Exhibit G is a promotion piece illustrating a promotional use of this type of content. 13. Publishers' publicity departments and authors strive to get their content onto widely read websites and often offer free tastes in the form of recipes or other content from their books at no charge. Attached as Exhibit H is an example from the Huffington Post about a new cookbook which features five recipes that the author is letting readers have for free to give them a taste so they will try them and then buy her book. This is essentially an online blad. Clicking on one of the links in Exhibit H takes a reader to a recipe. 14. In sum, publishers and authors today realize that they must do a lot of promotion to get attention. In today's very crowded marketplace the traditional ways of getting attentionnewspapers, radio and television-are less and less interested in authors unless they are celebrities; the ordinary writer must find other ways to get noticed. The display of snippets in The Authors Guild gives similar advice to its members with respect to books they wish to get back in print. Deposition of Paul Aiken at 175-76 (April 19, 2012). 13 CONFIDENTIAL INFORMATION 4 A-348 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 7 of 47 Google Books, and the display of more text for books in the Partner Program, is consistent with publishing industry custom and practice in using a book's content to increase awareness and potentially increase sales of a book. v. Authors earn money from selling books and becoming well known, not from having their work searched 15. Authors and publishers have long believed that allowing customers to look through books helps drive sales. Before the Internet the usual way of buying books involved visiting a bookstore to either select a particular title or to browse the many titles available. I have closely observed bookstore customers' behavior for over 50 years. Most people look at the array of book covers and then pick up titles that may interest them for one reason or another. Almost invariably bookstore customers look at front covers first, then the back cover; if they are still interested they usually open the book and read a few paragraphs to see if they think the book is worth purchasing. 16. I see Google's use of content as serving a similar purpose, in that it helps a prospective consumer evaluate whether the book is of interest to him. At the same time, Google has been careful to make sure that snippets cannot be used to piece a whole book together, so if the reader wants more he will be required to buy the book and thus provide revenue to the author and publisher. 14 17. I think that search methods such as Google Books or Amazon's "Search Inside The Book" help prospective customers make the decision to purchase a book that they have digitally browsed. In my opinion, just as authors do not expect to be paid as people browse their books in bookstores, so they should not and indeed do not expect to be remunerated for digital browsing. Neither authors nor publishers get paid from Internet searches such as the Huffington Post and Amazon examples mentioned above. Rather, authors and publishers hope that the search will result in eventual sales. 14 Clancy Declaration, ~8. CONFIDENTIAL INFORMATION 5 A-349 Case 1:05-cv-08136-DC Document 1039-1 18. Filed 07/27/12 Page 8 of 47 Like browsing, searching through a book and receiving snippets of text around a search term is not taking something from the author. It is a promotional way of increasing consumers' ability to locate and purchase books that are of interest to them, which in turn creates income for both publishers and writers. As the history and examples discussed above show, in the publishing industry, you don't try to charge people money for doing things that might help you make a sale. 3 Dated: Ma0012 Bruce S. Harris 6 CONFIDENTIAL INFORMATION A-350 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 14 of 47 Exhibit D trxhibit A-351 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 15 of 47 Exhibit E A-352 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 16 of 47 A-353 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 17 of 47 A SELECTION FROIVI A SELECT/ON FROM WEIRD THINGS CUSTOMERS SAY IN BOOKSTORES Jen Campbell Jen Illustrated by the Brothers McLeod Mcleod @ ïllt 0yril.00t Pfirss THE OVERLOOK PRESS tilt t0Rt, flI NEW YORK. NY A-354 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 18 of 47 LITERARY PURSUITS TITERARY CUSTOMER: Do you have any books by Jane Eyre? Jane I • CUSTOMER: Do you have a copy of Nineteen Eighty Six? of Eighty Six? BOOKSELLER: Nineteen Eighty Six? BOOKSELLÊR: Nineteen CUSTOMER: Yeah, Orwell. CU STOMER: BOOKSELLER: Oh - Nineteen Eighty Four. Foun BOOKSETLER: CUSTOMER: No, I'm sure it's Nineteen Eighty Six; I've always rememNineteen Eþty Six; CUSTOMER: bered it because it's the year I was born. BOOKSELLER: ... BOOKSELTER: . .. ' r t • CUSTOMER: Excuse me, do you have any signed copies of Shakecopies of CUSTOMER: Excuse speare plays? BOOKSELLER: Er .... do you mean signed by the people who per.. formed the play? CUSTOMER: No, I mean signed by William Shakespeare. Villiam CUSTOMER: BOOKSELLER: ... BOOKSETTER: . .. t • CUSTOMER: Do you have a copy of Mrs. Dalloway, but, like, really r'eally of Mrs. Dølhway, CUSTOMER: a old-so from, like, 1850? old-so BOOKSELLER: ... .'.2 A-355 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 19 of 47 A-356 Case 1:05-cv-08136-DC Document 1039-1 ! Filed 07/27/12 Page 20 of 47 lt t.'l CUSTOMER: Did Beatrix Potter ever write a book about dinosaurs! dinosaurs? CUSTOMERI • o CUSTOMER: I don't know why she wants it, but my wife asked for a wants it, CUSTOMER: copy of The Dinosaur Cookbook. Cooþbooþ. copy The BOOKSELLER: The Dinah Shore Cookbook? Shore Cooþbooþ? BOOKSELLER: The CUSTOMER: That must be it; II wondered what she was up to . That must be it; wonde¡ed what she was up to. • 0 You know'to be or not to CUSTOMER: Where do you keep Hamlet? You know 'to be or not to CUSTOMER: \Øhere do you keep be'! Is it in philosophy! be'ì Is it in philosophy? ..2 A-357 Case 1:05-cv-08136-DC Document 1039-1 ,J1': ,,'r,iwutsD,'rHr¡reì;cugõivrËnsìsAv !N göorcgirjrieS::ìii-'i ; 'i::r:~Ei~~.:rH,~~Mt0~§~ER$•.• ~AY .,~~b)tblYst/5~Ei:;~ii·: I. . . ':Jj';:_ì i,tì,:'.i:'i,:,;u;' Filed 07/27/12 Page 21 of 47 : iir:.',. ' CUSTOMER: Do you have any old copies of Dickens? CUSTOMER: Do you have any old copies oÊDickens? BOOKSELLER: We've got a copy of David Copperfield 1850 for BOOKSETLER: Weïe got a copy of Dauid Copperfeld from 1850 For £100. fr 00. CUSTOMER: Why it expensive if old? CUSTOMER: \Xr'hy is it so expensive if it's that old? • t CUSTOMER: II'm looking for a biography to read that's really interestfor biography really interestm Could recommend ing. Could you recommend one? BOOKSELLER: read !7hat BOOKSELLER: Sure. What books have you read and liked? Well, I really loved Mein Kampf CUSTOMER: \Øell,I really lovedMein Ih-Pl BOOKSelLER: .,. BOOKSETLER: ... word' CUSTOMER: Loved is probably not rhe right word. the BOOKSELLER: No. Probably not. Probably BOOKSETLER: Liked' CUSTOMER: Liked, is probably better. Yes. Liked. I liked it a lot. better' BOOKSELLER: ... BOOKSETLER: I reâll1 loveà i" (¿ ¡¡¡f' t{ r e ~ :, , , , tió:': .. '. . A-358 Case 1:05-cv-08136-DC Document 1039-1 ,,;.,;1 ..1.,,,, ':;'¡;';..i.; ,::,:i., ', ' ' Filed 07/27/12 Page 22 of 47 '': -t 't '¿i'!'-i,-,.:i:.!t,:,r..,;;:,.),'. :,.,:'ü';,...;;...¡¡.!i:,t..:i.J.,.F-.Þ ,-Cê.S11,Ì!J;' ';" :'"r' ;-': .;.,:jj'l'' .t..: .: :r,::!:rJt l r:: iri.tl..Ì,ir:;¡; WHAT? YOU WANT WHAT? CUSTOMER: any CUSTOMER: Do you have any medical textbooks? medical rextbooks? Do gou h¡vl ¡nT booil o. BOOKSEllER: Sorr¡ no. They They BOOKSELLER: Sorry, 5ewi'r5 i go of quickly don't go out of date so quickly we doni order stock stock them, but I can order one in for you. CUSTOMER: not worried CUSTOMER: I'm not wo¡ried about it being in date. BOOKSEllER: Does your univerBOOKSELLER: Does request a speciÊc sity not request you have a specific siry edition? edition? CUSTOMER: Oh, I'm not a mediCUSTOMER: cal student, I just want to learn how to do stitches. BOOKSELLER: ... Right. BOOKSELLER:...tught. CUSTOMER: Do you have a book CUSTOMER: on sewing, instead? • 0 CUSTOMER: I read a book in the sixties. I don't remember the author, thesixties. dont ¡emember CUSTOMER: laugh' or the title. But it was green, and it made me laugh. Do you know you it green, and title. which one I mean? mean? • 0 to CUSTOMER: Do you have a book of mother-in-law jokes? I want to mother-in-law jokes? CUSTOMER: joke. But, you know, not ¡eally as a give it to my mother-in-law as a joke. But, you know, not really as a give it to my mother-in-law as a joke at all. at ali. 1.,6 A-359 Case 1:05-cv-08136-DC Document 1039-1 '; ,iiii;¡.iiir ,'. Filed 07/27/12 Page 23 of 47 ,WIR?.,tHIIGliqEsJ.9Mq¡$ SAY:lN 9ooKs{oFFs':1 ,"i::'''::j:':1'j': • 0 CUSTOMER: Do you have this book (holds up a biography) but withCUSTOMER: 6ook (holàs out the photographs? ' BOOKSELLER: I think the photographs are published alongside the photographs text in every edition. edition, CUSTOMER: Why? CUSTOMER: Vhy? BOOKSElLER: I suppose so you can see what everyone looked like. iike. can BOOKSETTER: suppose CUSTOMER: I don't like photographs. photographs. CUSTOMER: dont BOOKSElLER: Ok. BOOKSELLER: ok. CUSTOMER: Could you cut them out for me? CUSTOMER: BOOKSELLER: ...BOOKSELTER: .. • o oF Jane CUSTOMER: Do you have a copy ofJane Eyre? CUSTOMER: f)o BOOKSElLER: Actually, I just sold that this morning, sorry! morning, BOOKSELLER: Actuall¡ CUSTOMER: Oh. Have you read it? CUSTOMER: BOOKSELLER: Yes, it's one of my favorite books. BOOKSELLER: of CUSTOMER: Oh great (sits down beside bookseller). Could you tell me CUSTOMER: dotan besídz booþseller). tomortow. all about it? I have to write an essay on it by tomorrow. • ,'i:, A-360 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 24 of 47 i ..:. .t:i', :,i.,:'.t..; i.....: :. .,.]'.,...:,r" : ::_...:: : j.i:.: tll.i .i::ii,ì ... ..iÍ,..¡iiì :r':. -, .,r'jlt...i\i .; :r: .if: :::i :i.r v il¿,r.:;, " .:-:::'-; .11r,:::::j: ,.t, .. vacuum CUSTOMER: Some of these books are dusry .... can't you vacuum are CUSTOMER: them? t • CUSTOMER: I've forgotten my glasses, could you read the beginning the CUSTOMER: Iie of this book to me to see ifI like it? see if I itl I • aphrodisiacs? CUSTOMER: Do you have a book that has a list of aphrodisiacs? I've a have a CUSTOMER: got a date on Friday. a dare on • o CUSTOMER (holding up a Jamie Oliver cookbook); Would you mind if CUSTOMER (holdingup aJømie Oliuer cooþbooþ):rü/ouId II photocopied this recipe? photocopied this BOOKSElLER: Yes, II would. BOOKSELLER: Yes, would. ,:8: A-361 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 25 of 47 CUSTOMER: Do you have anything in this shade of green, to match the wrapping paper I've bought? t • educaìionì CUSTOMERS: Do you have any pop-up books on sex edu~ion? CUSTOMERS: 11 CUSTOMER: Do you have any second hand crosswords? CUSTOMER: BOOKSELLER: You mean crosswords that have already been filled in? inl BOOKSELLER: CUSTOMER: Yes. 1 love crosswords, but they're so difficult. I CUSTOMER: t • CUSTOMER: What books could I buy to make guests look at my CUSTOMER: \What '\ù(/ow, bookshelf and think: 'Wow, that guy's intelligent'? bookshelf a¡d suy's • q1ì9Ji A-362 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 26 of 47 .1.,i,;;ii.i.r;r,ilri;,;1,','glili:'îí+ÈiffilfiF-,4$l,rf^$ú¿¿4.+?li;í$ ri*îi+í,jËii:r+rYi¡Èii 'ri CUSTOMER: always night shift work. CUSTOMER: I'm always on night shifr at wotk. BOOKSEllER 0"okingly): Is that why you're buying so many vampire many you re buying BOOKSELLER (johingQ: - M~W novels? CUSTOMER (seriously); You can never be too prepared.. prepared CUSTOMER (seriousþ): t • CUSTOMER: la like to buyyour heaviest book, please. buy your heaviest please. CUSTOMER: ld ·r A lltsror-r A HI STOK'1 OFOF e CO ( o NC.IU.'IE LÈTE ' ~ P ;. . 'VC ETell. 11 ereR HÈAv'í :::Ì.6t ~ A-363 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 27 of 47 , . PARENTS AND KIDS boolahelves' Thatt CUSTOMER: My children are climbing your bookshelves, That's ok, climbing CUSTOMER: -Ihey wont isn't it? They won't topple over, will they? oveç it? t • (Customer comes into the store with her five-year-old son) (Customer cornes into the tttith herfue'year-old shoes CUSTOMER: Come on, Alfie, take your shoes off. on,41fie, CUSTOMER: BOOKSELLER: It's ok .... you don't have to take your shoes off to to take your shoes off to BOOKSELLER: It's ok . . you doni come into the bookstore. come into the bookstore. CUSTOMER: Please don't encourage him. I'm trying to train him to CUSTOMER: Please don't encourage him. i m trying to train him to remember to take his shoes off in the house because we gOt new carpets. remember to take his shoes off in the house because we got new carPets. The more he does it, the more he'll remember. The more he does it, the more hdll remember' #* A-364 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 28 of 47 rr:i'*rii.i:ffif.;;iriÌîTÉr,jÉ#5tÊi[É1;'{ ,;i,;r' i;i CUSTOMER: just supermarket CUSTOMER: I'm just going to pop to the supermarket to do the my sons ok? weekly juSt weekly shopping. I'm just going to leave my sons here, is that ok? They're bother. Theyre three and five. They're no bo¡her. • CUSTOMER: Do you have a book on the Enlightenrnent? have Enlightenment? Do BOOKSEllER: Sure. BOOKSELI-ER: Sure. CUSTOMER: Excellent. My son's just about to start studying it at sont Excellent. isnt school. It's all about the light bulb being invented, isn't it? being t • BOY: Mommy, can I have this book? canl WOMAN: Go and see if your dad will buy it for you. if BOY: Dad! Mommy says if you don't buy me this book, then you can't says if doni BOY: sleep in her bed tonight! in ISNIT IT OBVIOUS? ¡sN'T lr oBvlous? CU STOMER: Are all of your books for sale, or just some of them? of of CUSTOMER: • 0 of CUSTOMER: Do you have a copy of Bridget Jones: The Edge ofReason? oÇ Bridget Jones: CUSTOMER: I can't see it on the shelf. can'c see shelfi on you, BOOKSELLER: I'm afraid we don't, but I can order it for you, and it'll dont, but can order be here in the next forty-eight hours. We could even post it to you if forry-eight hours. \{/e could even post it to you if be here in the you'd like? youd like? CUSTOMER: II don't trust the post office. Could you fax it instead? dont trust the post office. Could you fax it instead? {1.2:; A-365 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 29 of 47 CUSTOMER: This might be a stupid question, but do you sell milk? Do tickets? CUSTOMER: Do you sell lottery tickets? Do screwdrivers? CUSTOMER: Do you sell screwdrivers? Booþ of Dust? CUSTOMER: Do you have Philip Pullman's The Book ofDust? Pullman's CUSTOMERI BOOKSElLER: No, I don't think a publication date has even been set i think a BOOKSELLER: for that book yet. CUSTOMER: I know, it's just I thought you might already have a CUSTOMER: copy, considering you're an antiquarian bookstore. bookstore. an cop¡ considering BOOKSELLER: .... Antiquarian means old. We don't have books, you We bools, .. know, from the future. know, CUSTOMER: Ah. CUSTOMER: t • • CUSTOMER: Where are your fictional novels? Êctional Where 0 CUSTOMER: What kind ofbookstore is this? of boolstore is CUSTOMER: Vhat BOOKSElLER: We're an antiquarian bookstore. BOOKSELLER: 'We're an antiquarian CUSTOMER: Oh, so you sell books about fish. sell boola about Êsh. CUSTOMER: Oh, so ,:!::fu) ,xli; A-366 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 30 of 47 '..; i¡,,,-, *i;1'¡'1;;r,2i,i ,¡i¿qr¡.,.,'fi¡,N.'iuÇÃMlnít'.."ljfulälÌiiii.j'i:,:',,,r¡gi .!,!È¡;ir,ri CUSTOMER: Is this book edible? CUSTOMER: Is this book edible? BOOKSELLER: .. No. BOOKSETLER:. ... No. WELL EXCUSE ME CUSTOMER: \What's your name? name? CUSTOMER: What's BOOKSElLER: Jen. BOOKSELLER: Jen. I : i if I Is CUSTOMER: Hmmm. I don't like that name. Is it ok if! call you CUSTOMER: vou something else? else? .o*.thing io • CUSTOMER: Have you read every single book in here? CUSTOMER: BOOKSElLER: No, II can't say I have. say have. BOOKSELLER: No, CUSTOMER: Well you're not very good at your job, are you? CUSTOMER: -Vell iob, I • (an (an old lady approaches the till) lady approaches the till) CUSTOMER: Yes? What do you want? CUSTOMER: Yes? \W'hat do you want? :í!l&, A-367 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 31 of 47 BOOKSELLER: Erm, rather thought that help you. BOOKSELLER: Ernr, I rather thought that I might be able to help you. CUSTOMER: Don't as if your help . . 1 CUSTOMER: Dont be ridiculous. Do I look as if I need yom help ....? • 0 CUSTOMER: security cameras CUSTOMER: Do you have securiry cemeras in here? BOOKSELLER: Yes. BOOKSELLER: CUSTOM ER: Oh. (customer slide¡ a booh out from imide his jachet and slides book out from inside his jacket CUSTOMER Oh. it back on the shelf ) ir bacþ the shelf) places pløces • 0 BOOKSELLER: Hi, can I help you at all? al[? can BOOKSETLER: CUSTOMER: I don't give a damn about books-they bore me. boola-they f a BOOKSELLER: I'm not sure you're in the right place, then. CUSTOMER: No, I am. I just wanted to ask what specific color you CUSTOMER: painted your bookshelves? I love this color. II mean, the right color can color. make books look more appealing, can't it? boola BOOKSELLER: Can it? BOOKSETLER: smell of the CUSTOMER: And the smell of the paint takes away the smell of the oFthe CUSTOMER: And books, too. Which is also a plus. a books, too. Which is • ô CUSTOMER: Do you have the time? CUSTOMER: Do you have the time? BOOKSELLER: Yes. It's just after four 0' dock. after four o'clock. BOOKSETLER: Yes. Itt CUSTOMER: No, it isn't. CUSTOMER: it isnt- t • +-trtt- A-368 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 32 of 47 Phone rings. BOOKSELLER: Hello. BOOKSELLER: Hello. looking could help was wondering if CUSTOMER: Hi. II was wondering if you could help me. I'm looking CUSTOMER: idea what buy her. I've Shet six and Iie no idea what to buy her. She's six my for a book for my niece. for book is she to? of BOOKSELLER: Sure.'ffhat kinds of things is she in to? BOOKSELLER: Sure. What I don't see her very often-m y sister CUSTOMER: I dont really know. I dont see her very sfts¡-rny 5i51s¡ CUSTOMER: I don't really abroad. lives abroad. name? BOOKSELLER: Ok, what's her name? BOOKSELLER: CUSTOMER: Sophie. CUSTOMER: considered BOOKSELLER: BOOKSELLER: Ah, well, have you considered the Dick King Smith Sophie's Six. e There's Sophie series? Theres even a book called Sophiei Six' a CUSTOMER: CUSTOMER: Ok, sure, that sounds like a good idea. have those went BOOKSETLER: BOOKSELLER: Do you want me to double check that we have those prerty sure we in stock? I'm pretty sure we do. iti ok. CUSTOMER: CUSTOMER: No, it's ok. I'm just going to order them online. recommendation. .. gpve BOOKSELLER: BOOKSELLER: But .... we just gave you the recommendation. Amazon such a CUSTOMER: know, and appreciate it. CUSTOMER: I know, and I appreciate it. It's such a pain Amazon can guys for for that. But doesnt have a function for that. But I know I can rely on you guys for have a doesn't advice. BOOKSELLER: BOOKSELLER: ... • ö CUSTOM ER: tell you something, you must get some odd requests, CUSTOMER: II tell you something, you must get some odd requests, working here. worHng here. ,:'16i. A-369 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 33 of 47 Exhibit F' F A-370 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 34 of 47 A-371 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 35 of 47 .. DEATH EXTEND VACATION DEATH WILL EXTEND YOUR VACATION Elizabeth Elizabeth Zelvin Chapter One Chaptir , ,"I'll fry!" My best friend Jimmy cast an ftiendJimmy :'I'U fryJ" apprehensive glance at the cloudless sky. sþ. apprehensivê -"You couldn't fry an egg on 'the beach at this the 'You b ^n hour." His girlfriend Barbara went on slathering sun gtlfriend Barbarawent ' block acro~s his broad, freckled back. bioad, block across "It's the crack of dawn," Jimmy said, "I want to be bê said. of Jímmy ait asleep. 'I want to be back in Manhattan in my air baòk Manhattan asleep.'I conditioned aDartrnent.". conditioned apartment." . ' .l , ' "You kUow, most people consider a summer share consider 'You kfiow, rnost in the ftamptonsa treat;'; Barbara said, '''not 'an ordeal; Hlmptons a treatr" Barba:a saidr'"fiot an ordeal. If we dem,'t get a move on, half the day will be gone.'; be- gone." a don't If She 'Y'iped goo off her hands albng the sides of his along off wipçd ann; and stepped back to contemplate he; work. her io arqs.and ,"'Veryartis~c:' r said, ,. ''l/erv artistic-" I' iâid. .'-. Mistake. She ~ned on me. She'iurned ther:¡os, "Bruce, put .the rest of that coffee in the thermos, 'Bruce, the dori'ttail.k up ,on It.'; , on it." don't tank at the : goo r A-372 Case 1:05-cv-08136-DC Document 1039-1 2 2 :.. . ;. ': .i.it'.-,...,.: Filed 07/27/12 Page 36 of 47 Zelvin, DnÍh Will Extend Your Vøcatìon Zelvtn, peath lVzllExn1tàYoø V Mation . ~.:" . ,. ...¡.:.j '. "You wanted me awake, dldn't you?" I chugged me~wake, ifidn't 'You the last half inch of java. The cup had a ceramic frog half ceramic in the bottom. Group house decorating. "Okay, okay, Group.house decprating. "Oka¡ I'll make more. One picnic bre~kfast on the beach, One piciUc breakfast coming up." . coming "Want me to do your backioo?" Barbara waggled bàck too?" Batbzrawaggled 'T7ant rne the big tube of sun block. . "Save itforJi.riuiJ.Y." I sIdppedaway from \:ler. it forJiiirmy.'I skipped away frol he1, Jimmy can turn as redasa lobs;~er ~apot?fboiling as red as a lobster in a pot of boiling Jimmy water in about the same'time as it" takes' the lobster. same time as it takes Twenty minutes liter, BarbMa had u; loaded up us ¡nrnutes later- B4rbara to scale K2. were like Sherpas~ YQu'd think we ~ere about toscaTe Iq. Youd Sherpas. tle deck like mountain goat, BO)1Ildingout onto we decl>;.like a niountaingoat, she Bounding out deep lungñrl raised both. a.t:msto the s~n. She took a deep lungful of both arms to sun. we alt,tIlen exhaIed With.a·loud "Ahhhhhh!" in case "we air, thé¡r exhaled qiith.a lou¿ "Ahhhhhhl" me. missed the point. Th~ hous,esnieiled of mildew to mt:. The house smelled of rnissed'the belrthe Outside, I admit the !:nix "of salt and flowers beat the a-dmit.the mix pf galt stink of the' ~itY back ho.m:e.We tra,iled h~ down.the stìnk the city bâck home. We ua¡led hçr down the winding path, crunching gravel.an.d brokrn shells crunching g¡avel.ap.d broken shells underfoot. . ,. . underfoot. . Barbararea~hedthe car; a~d starte(;l it up w she Barbara rcachêd the carand started up so could roll allthe windows down. She popped the . down. She'poppåd'the all the could to divest. trunk as we arrived. Jimmy and I began to divest. trunk as we arived. Jimmy and I Beach chaits, umbrella, tatty old bedspread for a chairs, umbrella, taty old bedspread A-373 Case 1:05-cv-08136-DC Document 1039-1 4 Filed 07/27/12 Page 37 of 47 Zelvin; Death Will Extend Your Vacation Zelvt4 Deatlt lVill Extend Your Vacation interesting ethnic or a world class interesting ethnic genes or â world dass tan and a great . hairdresser." hairdresser." . Í'Oh, yeah," I said, "the Bonicelli Venus." The one "Oh, yeah," '.'the Botticelli V enus."The one had watched more closely before at dinner I had watched more closely the night before at difrner .than I was ready to admit to Barbara orJimmy. was ready toBarban or Jimmy. "Thank bagels," Barbara "ifhank her for the bagels," Batbara mumbled a full mouth. she'd pick through a ñ:11mouth. "She runs. She said she'd pick up early, headEor them ûp eady, drop them off, and head for the beach." emerged Dooked out the window. We emerged into rvindow. I looked farmland from the scrub oak and pine t}rat surrounded that surrounded farrnland gendy nippy the group house. Mist rose gently in the tippy air from group rcenagers fields of com and potatoes. A couple of teenagers on potatoes. of of horses ambled along the grassy side of the road. In the yards of weathered ·gray cedar houses, a few strawof weathered gray hatted gardeners crouched among the flowers, ârnong caught weeding in the cool of the day .. Now and then I caught day. in,the a sparkling glimpse of the bay. As we neared the Âs wedands, ocean, the laridscapechanged to wetlands, then to landscape changed dunes. a to '1immy, look for a sandy road to the right," 'Jimmy, Iook Barbara said. "That'll be Dedhampton Beach. There's said- "That'll no sign. I heard somebody changed it to . to I stolenin Deadhampton, D-E-A-D, and the sign got stolen in the Deadhampton, D-E-A.-D, and less than a week." less a week." A-374 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 38 of 47 Vøcøtion Zelvin, Deøth Will Extend Your Vacation Zelvín, Death Vill Extend Yosr 5 5 - didn't much of road. Jimmy The dunes didn't leave much of a road.Jimmy a as passed Barbara made wide gave a. yelp as we passed it. Barbara made a wide Uturn the car between stands- of rum and aimed thd car betu/een stands of tall grasses and reeds só close,their fuzzy heads thrust through the so dose their fozzy window. A fat tuft tickled my nose. I sneezed. sneezed. ticlçled "Gesundheit," Batbarasaid: "And here wé are." "Gesundheit," Barbara said; l'A'nd She swung-the wheel with a flourish. The car stopped flarudsh, swung the wheel with dune. with its nose in a dune; ''Where's the ocean?" I said; ocêan?" said. 'qW'here's u- we- ''No boardwalk?" Jimmy said. 'îJo boardwalk?" Jimmy ''We're in the country." Barbara flung up the lid of the'lid B¿rbara 'nVe'Íe the trUnk and loaded us up again. , again, loaded trunk sons,'Mr. Jones?" ''Why do Irish mothers pray for sons, Mr. Jones?" 'qWhy kish Jimmy asked. Jimmy j '{Becäuse we '. "Because We make such-good pack animals, Mr. }¡ft. such gòod Bones." _ . Bones.t' " '' ":E-lere, .''"Here, give me that." Barbara snatched.up the snatched up that" only thing I-really wanted, the thenno8'(jf coffee, from fiorn thetmos''of thing I'teally the top ofJimm.Y'spile; "Come on!~' She' danced-away, on!r'She danced,away, of'Jimrny's'pile: slipping a little on the' hill of sand. . -sand. a'little on the'hill "No-cars-in,the·parking lot," Jimmy observed as "No :cars in, the' parking lot " Jimmy' óbs erved we ·trudged after her. "We're the only foolS not-still her. f'\We're only'fooli not stilll trudged asleep-at-this hour." . asleep,at this i.. ''What about the ginger snap?" I asked. sriap?" asked. '{What about : . A-375 Case 1:05-cv-08136-DC Document 1039-1 6 Filed 07/27/12 Page 39 of 47 Zelvin, Death Will Exnnd Yotar Vdîation .'' Zelvitn;'Death Vitl Extend Your VacatioR "Surely'she wouldn't way fooq'l 'lSruely. she'wouldn't come all this wa)¡ on foot," ', . computer he said. Jimmy emerges from behind his computer·. said.Jimmy.emerges only afteqirolonged prodding.;He says walking,isfor . walking.is for: after.ptolonged prodding.:He . ,.: Luddites ... . ' : ' Luddites. Ids "I told-you," Barbara said; .~:she's a.runner. It's said;,l'.she1g "I told'youi' . oNy-about four miles.;l,She'crested,the dUrie·and only' about fourrrtiles.'~She ·crested:the. dùne'and stood backlit with the edges of her frizzy dark hair . fnzzy dzrkhatr of backlit glowing like a halo. "Oh, wow,look~it's so halo. "Oh, v1ow,look-it's .. . 1 beautiful!" .' . : ' .:'. beautifrrl!" ,,, We reached the top right behindher;]irnmy . ' behind her,Jimrny ìlfe reached.the breathing heavily and me pretending-hot to.,llooked pretending.not to,,I looked breathing heavily wher.e,she was looking.. looking. where,she ' beach Okay, it was beautiful. The deserted be.ach . beautiful. Ok"t, Atlantic beyond stretdhed right and left, with the jade Atlan,tic ·beyond stretctred right and left it. The sun, ·stilliow over the water, tuffiedthe sand-to watet, turned the sand,to sun,.still low a warm: pink. A ruffle of.dar;k seawee&and .scattered . a watur pinlc Â r,uffle of.dar.k seaweed,and scattered s~lls marked the·high ,tide: line.. Below it,.thebeach: .. " shells ma¡kedthe.hightide'iine..Belowi6 ùre beach looked:petfectfot funning,if you.~ed~strenuous~ II looked'perfec'r:fór äiûriing if you. liked'süenuous' wouldn't mind a stroll, oni(mystHf. The. flat, \vet ~:;. ' wet .... a wouldn't on it, mysèlf. ithe slllface picked up thnobin'segg blue of:the sky.. The of :the sky,'The su¡f-acb picked,upthe:robin's egg surfwas.no bigde~,:baby ~welkthatpushed aswath.e surf'úas,no bþdeal,,-baby swells that'pushed a swathe, beach'and tìen:ran of creamy bubbles up onto the beach· and then-ran out ::. again with a whisper: . agaswithawhisper.: ,:' : Barbara clutched at Jimmy's arm for balance as she Barbaraclutched atJimrny's arm for balance as she , , , , A-376 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 40 of 47 Ze1vin, Dedtì:ll/itt Exterrd You Vacation " Zel-/tn, Death Wi/I Exfffld Your Vacation ' 7 shook sandals off She wiggled shook her sandals off her feet. She wiggled her toes in : ' ' "Ooooh, that feds good. Let'sgo.'1'She {risked She ftisked feels Let's 89.'? '"Oooôh, aroWld us like a puppy as we made oút way toward the mailê pupPy waitoward around water; "Here; ihis is good-a front row view of'the row of the wáterr"llêie; this good-a:, ocean;' But the'sand is still s6ft. No; don't park the the 'sand iS still söft.1No; dodt:park oceaqibirt stuff near the seaweed.--that's'whete tlie fliês will be'¿' ' seaweed~thafsvihe:reth.e flies wi1i be,<' stuff , '1iriimy threw his head up like' a shying horse. She like â shlng 'Jiriimy fhrew ihis hadn'tmeritiorieeHlieSviheri she talked us into this " hadn't mentioneil'flies when beach house share. share. JimmyandI set up dúg in the'pole of 'Jimmy and I setup the chairs, driginthe'pble6f the'Uihbrella, and~flapped the blanket. Birbarawent ' Bábara wént the' uÍäbrella, ánd rflapped and paddled in the' water. Littlb screiuTIsannounced the'wáter. tide screãms announcéd paddled the te'niperatu:re: tc)(;'cold for me: She splashed 'around' me.'She sphshed around temperàtirrs toolcold till ~'d 'done all the work.''fheh~hei:rotted hack to work'Theh ihe uotted back we'?d done us; "It's: nOt' cold 'once 'you getlised to it. C6nieai1d " Come aiid ' us. 'fIt'slnotcold'once'you get used , ' :, ' ' ,',,: wade. It's great!" wade.It's great!" «You're 'atit bfy6ur mind," Jimfuy said. "I'!ri. not 'You?re <iut of yow Jiminy said.''1'rn'nbt '': i: '• . . S'O 'mucli as rolling ~p' my 'pahts:~"" . ''" :;': soinirchasrollingupmyþant5i: '::' ,..J ' .:;:""r ''Then come for a walk. It's 'really ha:rdpatked;' : : Ids really hard packed;r' 'lfhen corne "" "':¡" ' practically like a sidewalk." , " practicallyìikeasidewalk." "Have a. heart; pumpkin," Jirruny said. "I tieed,\:o primpkin," Jimmy sâid. "Lneed:lto "ÍIavè catcn'tny b~eath~~' ;' . ,.. ,' ~. ,.'" catch'my brèäth.:' the sand.', thesand.. : olit i a , 1 ! 1 J A-377 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 41 of 47 Zelvin', D e a t h Wig Exte n d Yoç Vacation Zelitn, Death lY/i ll Extend.your V¿ c¿ tio n 8 "Let's first," located "Let's have breakfast fus{' I said. I located. the coffee poured ouuwo Styrofoam coffee and the StyrofoaDl cups, poured out.tw-o shots, .;: toJimmy. .. j: '. '., : and handed one to Jimnly. banded .. ÍT,c*n't "Give me another bagel," Barbara said. "I.can't sit bagel,",Bar~a still. Ilm going tp J;akea lit!le jpg. See v4y down-the way down'the going to gake a littlç jog. stilt. rm pointed to the left. beach? There.'~ She pointedto .the left;. "About .... There.'l halfway to w:here.ir ggq misry, above the w.atedine.:ft the \Vaterline.lt halfwav where.it gets misty, 100kslike,adrlftw9od 10& It won't.take)pngio,run -up, looks like a d¡iftwoodlog ltwon't take.loligto.run'up, to it and back." ' . ': and back." her.teeth, ,qrpp"d oiin"t Ho~cling the bagel in her teeth, she stripped ()ff:her Hotding b.agel i-shirt. She.worg bathing Fuit underopath, shorts and T"shirt..She\Vor,e a bathi.pg suit,~derniath, a seM<;eab1e blac~. tank. J~y ~d I hadp'te.ven . serviceable black Jimmyand hadnlteve¡ taken. off qUI sweatshirts, mllch J{:ss our.1<;>ng Pljj).ts, taken.off gw s:q{eats.hirts, mgch less our.loqrg p.af¡ts. b4çP",I,inquired, ''Wh~e do YQU,Rlan ,to put the ~agel?"linq~ed. "IVhere doyou plan.to cfsq'¡e flot gqng rqn '<Y()u,'re, not gQW,g to run the wh()1e way with)tin your whole withit in ,..,. : .. ,. . . '., mouth, are you?" youP' plucked,the bagel. Baùarashook her,head. .' Barbara shook.h~hea~, She p1uckedt):u; bagel .' deaw¿gg¡ isack from her mouth and tucked,itinto her cl~yage; '~ack tuckedit.into ftom mouih ,.:'in twenty~ut~ono.". . in t'werÌty fr-rinutes or so.?', .. .j¡ i i. "HilVe fun." "llave fun," , ....: .: 1,.....,, :. . w,e, dtaflk ouf ...IVs q.rank our coffee and\Vatcbed.her:skim.along and watçhed her :skim, 216¡9 exubera¡rt the hard sand with an occasional-leap lilzean, exub er2,l1t occasiond lop lik "q gazelle. gazelle. : . . '.; A-378 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 42 of 47 Vacation Zelvin, Death lY/ill Extend Yotr Ze\vin, Death Will Ertend Your Vacation l I ï ! I i; 'i { I L I I I I ). I i I I I { 9- about fInished our coffee when We had just about fìnished our coffee when we towatd heard Barbara heard Barbara yell. She came racing toward us like a steam We heard urgency stearn engine. lüe heard the urgency in her cries before we could make out words. We ran down the beach to out words. could meet her. meet "It wasn't a log," she panted. She bent over from ove¡ "It'A¡asn't a\og," the waist, trembling on stiff legs and trying to catch stiff trying to trembüng her breath.. "It was CIea, and she's dead." breath. "It',tr/as Clea, A-379 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 43 of 47 EXTEND DEATH WILL EXTEND YOUR VACATION Elizabeth Zelvin Zelvin Elizabeth Recovering, alcoholic Kohler Friends, colnputer genius Jimmy Recovering alcoholic Bruce Kohler and his l'riends, computer genitrs Jirnrny and sober group house world-class codependent Barbala. shares world-class codependent Barbara, take shates in a clean and sobe¡'group house in a Long lsland resotl community known locally as Deadhalnpton. Things tum a Island resOIt community Deadhampton. tum body of housemate lethal when the tide washes in the body of their beautiful housemate Clea, an investigative journalist included environmental more investigative journalist whose passions included envilontnental issues and mote sleuthing. share of than her share of boyfriends. Soon Bruce is up to his neck in sleulhing. His sobet'playboy tlre staying housemates and the crowd staying with a clean and sober playboy in a big house on the dunes clainr recovery from drug, love, and sex addictions, compulsive claim recovery fi'onr addictions, contpulsive overeating, bulimia, and anorexia. But somebody's not abstaining from tnutder. But sornebocly's abstainíng frorn murder. overeatíng, bulimia, this dream As the summer heats up, secrets and lies start buzzing around Ihis dreant líes sta¡1 btrzzirtg tlre summel a vacation like flies at a picnic on the beach. "A perfect vacation book! Full ofheal1, full of humor-this honest and of ht¡mor-this honestand bookl l'-ull ofheatt, believable mystery put its straight-talking characters into a real page-turner of its straight-talking characters inkr I'eal page-turner betievable myste¡J lead!" a plot. Suspense plus insight plus compassion··-equals a great read!" cotnpassion---eqrrals insight Suspense wintrer & Hank Philli(lpi Ryan, Agatha, Anthony, & Macavity winner Phillippi Agatha. "Empathetic and insightful, Elizabeth Zelvin celebrates the power of recovery ol"recovery "Enrpathetic and insightftrl, Elizabeth cltaracters against the backdrop of a holiday in the Hamptons. Well-drawn characters the Hampklns. backdrnp a struggles," written with verve. Zelvin knows the human heart and all its struggles." and huntan verye. Carolyn Hart, Malice Domestic Litetime Achievement h'onoree Malice Dotnestic l.ifètime Achievernent honoree "The Hamptons plus a juicy Illurder, with the added twist of addiction and twisl tlf addíction a¡¡d nrurder, wíth ttre a recovery--what more could the intelligent mystery reader want?" nìystery lnote Rbys Bowen, multiple Anthony, Macavity, & Agatha winner Macavity. & Rhys Bowen, rnultiple Library jOllmal on Dealh Will Get You Sober: "Smooth prose and outstanding outstarìding Library Jouraøl on Death Will Get You Soher'. "Srnooth storytelling ability ... remarkable and strongly recommended." stclrytel ling abil ity...r'enrarkable and strong ly reco tnrnended'" nomitlee Elizabeth Zelvin is a psychotherapist and three-time Agatha nominee whose Elizabcth Zelvin is a psyehotherapist and thlee{irne previous mysteries are Death Will Gel You Soher and Death Will Help YOII previous mysteries are Deulh l4lill Get You Soher and Death llill llelp Yttu Leave Him. She lives in New York City and East Hampton. Learn Illore at Leave Him. She lives in New York City and East flalnptorl, Learn nr<¡re at www.elizabethzelvin.com. w ww.c I iz,âbef hzelvi n.co nt. Five Star Mystery Five Star Mystery ISBN 978-143-383-5775 rsBN 978-143-383-5775 Hardcover $25.95 Hardcover $25.95 A-380 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 44 of 47 Exhibit G A-381 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 45 of 47 'r-'1 -n-¡ É ji;;r.ir_:!f v,r{[av,Ë:o -ri n r.: i 4 s:Cd. C2Lllc1:est Q i; i c k e s; ;t ¡l li, il ¡ni1 Un:der }\1.1 T.Jncier 5iiit ¿=. -" -n r' ii ; :ì*,Ìifi h {: I.ight ies å iY-1 e c i¡,; c s, ilalci:ies from the kitchens of Martha Stewart Living fr"* ri. kitchens o{ Martlto Stewart Litting F~ r the LHb of th..: r:'~'i.:erydH.); E~w:! h\.:~;k:·, :·'l,.:~\dy E"c:iiIi('fl (:opic.", i~t ~~n,; l',,:'tì:. i;i;i. i:i li,c i:.t.ct,.rilri l:i'¡; i l-'¡'lii,, li-:':;ii-it i( :::iiiiti: iiii:iu: irr :::':r:) :';r" ;hc 4.5 r-niji1"n rcadc;:-:.; ;,.,i E-ocryJ<.i..Y Fl)od mag(17.in~~ :":;~)E!.(,;'S <~ ';""1..",,,,: lupi\~ {(.if th\:~ ¡ii. -.1.: ili:iii,'i-' -riì;ì(i(::-,.:: ij¿'r'i',¿.i:¿-i l-ì;¡,ij nili':;i:ir'i.r ijiìlìlr'5:, :,1".i i'.ì,).ì'- itT ii;lÌ -i:ig :.t:r!c.:." \·virh 2SC :-t:.c;pcs rhat a~~(' k.\\· i.n C:i;,~)ri!2S but ~<.dl \.:l.i i-:~l'.··ur. :cli;:i, ,¡ i¡.ir i5:ì rcr::i;.-:; r.-iìiìt rÌaù ii-:r;' ii¡ ,:ait:iit:; i:ir.i slìiì Ug i:;.1 iil:i'r.:i- Cooking Cooking 7'/, x 91/,; 384 pages 73lax9tln;384 pages 250 full-color photos 250 full-color photos 978-0-307-71809-9 978-0-30i-7 1809-9 eBook: 978-0-307-95319-3 eBook: 978-0-307-95319-3 $24.99 paper (Canada: $2i.99) $24.99 paper (canada: $27.99) ON SALE 12/27/2011 0N SALE l2t27l20ll The edi[Q["s of Everyday Food know it's not enough for home cooks to prepare tasty The editols of Eue'ryday Food knorv it's rror euough for home cooks ro prepare tasty weeknight meals in a flash-the food also needs to be good for the whole family. weeknighr rneals in a flash-the foocl also needs ro be good for the whole farnily. Everyday Food: Light features delicious, low-fat recipes, each under 500 calories, thac Euer^¡dq Food:. Light fearlrres clelicious, low-fat recipes, each rurc-ler 500 calories, rhat are macle with accessiþle ingreclienrs. T¡r.te ro the series' traciemark, each recipe is made with accessible ingredienrs. True to series' rrademark, recipe is accompanied by beautiful color photography readers inspired and cooking accompaniecì by beauriful color phorography to keep readers inspirecl zrncl cooking light every day of the week. The recipes, which are organized seasonally, include light every clay of the u'eek. T[re recipes, which are organized seasouaLly, i¡clucle salads, stews, main courses, easy sides, and desserts. You'll find slimmedsalacls, soups, steu,s, urain colrrses, easy sicles, ancl clesser¡s. You'11 fincl slimrneddown such as Lighter Beef Chili, Chicken Parmesan, and deceptively dow¡ favorites, suclt as Lighter Beef Chili, Cþicke¡ PaLntesau, a¡cl deceptively skinny Chocolare-Chunk Brownies, new favorites like Spicy Chicken Stirskinny Chocola¡e-Chunk Brorvuies, plus new favo¡:ires like Spicy Chicken Stip Peanuts and Salmon Burgers with Yogurt-Dill Sauce. basic low-far Fry wirh Peanurs ancl Salnron Burgers with Yogurr-Diil Sauce. With basic lou-fat ways cooking techniques (stir-frying, cooking parchment, grilling), the cooking techniqlres (scir-frying, cooking in parchmenc, gLilling), tlre 10 best ways to without adding (including marinades, dressings, ro boosr flavor wi¡hour aclcling fat (inclucling marinacles, clressings, and herbs and low-calorie cooking (cast-iron skillet, basker, spiees), and simple spices), ancl sinrple tools for lolr.calotie cooking (cast-iron skillet, steamer basket, Light grill pan), Everyday Food: Light helps you cook the foocl you want ro eat, wirhout food wan( to without Eueryday all rhe fat. the All Rights: Crown All Rights, Crown FLAN K FLANK STEAK WITH WITH SNAP-PEA AND ASPARAGUS STIR- FRY STIR-FRY National television coverage National television coverage National print: women's, lifestyle and epicurean National print: w0men's, lifestyle and epicurean magazines and newspapers magazines and newspapers National radio campaign National radio campaign Advertising Advertising o New York Times advertising " New York Dnies advertising e Advertising in Everyday Food and o Advertising in Everyday Food and Martha Siewart Living Martha Stewart Livìng • On-Air demo on The Martha Siewart Show On-Air demo on The Maftha Stewart Show WHY IT'S WHY IT'S LIGHT Just one tablespoon of oil is used to cook all Just one tablespoon of oil is used to cook êll of the steak, snêp peas, and asparagus. of the steak, snap peas, and asparagus. prep time:35 minutes serves 4 •r prep time: 35 minutes serves 4 total time:35 minutes total time: 35 minutes " Online Promotion 0nline Promotion • Advertising on the Google Content Network . Advertising on the Google Content Network targeting recipe, cooking, and health sites targeting recipe, cooking, and health s¡tes . Maior online campaign at Mother's Day • Major online campaign at Mother's Day o Social media advertising and promotion " Social media advertising and promotion •" Blogger outreach Blogger outreach • TheRecipeClub.net feature ' TheRecipeClub.net feature • Scribd.com excerpt Scribd.com excerpt " eBook version promoted in all advertising, promotion, eBook versìon promoted ln all advertising, pr0motìon, and social media outreach and social med¡a outreach Promotional materials available Promotional materials availabìe Special content available lor accounts Special content available f0r accounts 1 cup uncooked long-grain white rice 1 cup uncooked long-grain white rice 1 tablespoon vegetable oil, such as 1 tablespoon vegetabìe oil, such as safflower safflower 1 pound flank steak 1 pound flank steak Coarse salt and ground pepper Coarse salt and ground PePPer 8 ounces sugar snap peas. trimmed B ounces sugar snap peas. trimmed 1 bunch asparagus (1 pound). tough 1 bunch asparagus (1 pound), tough ends removed. cut into 2-inch lengths ends removed, cut into 2-inch lengths 1 Cook rice according to package instruc1 Cook rice according to package instructions. Meanwhile, in a large skillet, heat oil over tions. Meanwhile, in a large skillet. heat oil over medium-high. Season steak with salt and pepper; medium-high. Season steak with salt and pepper: cook 4 to 6 minutes per side for medium-rare. cook 4 to 6 minutes per side lor medium-rare. Transfer to a plate, and tent with foil. Transfer to a plate, and tent with foil. 2 Place snap peas, asparagus, garlic, red-pepper 2 Place snap peas, asparagus, garlic, red-pepper flakes. and the water in skillet. Cook. tossing, until flakes, and the water in skitlet. Cook, tossing, until vegetables are crisp-tender, 3 to 5 minutes. Add vegetables are crisp-tender. 3 to 5 minutes. Add soy sauce and vinegar; toss to combine. soy sauce and vinegar; toss to combine. 3 Slice steak thìnly across the grain. Serve steak, 3 Slice steak thinly across the grain. Serve steak. vegetables, and rice drizzled with pan juices. vegetables. and rice drizzled with pan juices. 4 garlic cloves, thinly sliced 4 garlic cloves, thinly sliced Note: Snipping Snaps Note: Snipping Snêps '/, teaspoon red-pepper flakes 7z teaspoon red-pepper flakes '/, cup water Y¿ cup water To trim, cut off stem end wìth a knife. Or, if the To trim, cut off stem end with a knife. Or. if the string is especially tough, snap off stem end with string is especially tough. snap off stem end with fingers, and pull string down the pod. fingers, and pull string down the pod. 2 tablespoons soy sauce 2 tablespoons soy sauce 2 tablespoons rice vinegar 2 tablespoons rice vinegar per serving: 41 c¿lories:13.3 fat (4.4 saturaied íal); per serving" l1¿4icalories; 13.3 9gfat (4.4 9I saturated fat): iiher 30.9 proieir: 46.8 carboh';Cr.:tes: 30.9 gI protein: .16.8 gI c?rbohydrat.es: '33229g:iber A-382 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 46 of 47 POTTER STYLE FRo¡¡rusr PorrrR Srvle FRONTLIST POTTER STYLE BACKLIST Porren SrYle Bacxltsr Jane-a-Day: 5-Year Journal ............................. 38 ........ Jane-a-Day: S-Year Journal Decks .................................................................. 46-48 '46-48 An Blessings: An Abundance of Blessings: 52 Meditations to Illuminate llluminate 52 Your Life ................................................................... 40 .......................40 Life.. Gift Books and Books 49-54 Interactive Books .......................................... 49-54 lnteractive Books Sibley Backyard Backyard Birding Flashcards Birding David Allen Sibley ................................................. 41 ....,...,........... David Sibley........ Sexploration: 52 Erotic Adventures ................ ~ ........................ 43 Adventures......................................... Decks Sudoku..... IOU Booklets .......................................................... 55 Book|ets..,........... ..........,.,,......... Mini Journals ...................................................: ...... 56 Journals.............. ....................... Pop-Up Notecards ......................................... 56-57 Notecards ........ Pocket Sudoku ....................................................... 54 Stationery Collections ................................. 58-63 Collections...............:... Life Is Meals Journal: Life ls An Album for Epicures; ..................................... 44 Epicurês:........-...,........................ An Life Is Wine: An Album ls for Oenophiles ...................................................... 45 ...................... Oenophiles......,.... Frontlist Author and Title Index ................................................................. 64 Foreign Reps ........................................................... 66 Ordering Info ............................................................67 ¡'\ I ,t í .i -{.t-*-,-,¡-.\ l _'i 1,. /t- iwfliffii '@!Pa)î¡t '"---l r,-¿:.tìà -.1.tsil. rri;-lgli,rq4,,' \ià.# ',.:Ì (+...Ii-iÍ--.-.,. ?:.:' ..: -... .-iì.:'i' ì_F. :.. .-.j::f,:ir!..: ||i,-:: ì¡i.-7 :_ .jrl 9i'.-, .. :.7 tt.-1 :..:.::.t,¡.. ..(./ ,-.. i! -,^-i.: ì\/1;r i,i : r :l lli:.:l:i:::-l ¡ir' r ' -::. .: ri,l ì,,i'r: f,.,ti AI ID?'?I i LÍ!¡ ¡ ILL | ¿:..r.:.-.j-:: j : :l 1 ¿¡r'. ,l .. : A-383 Case 1:05-cv-08136-DC Document 1039-1 Filed 07/27/12 Page 47 of 47 (\,i r.:c r¡ r-.trìr: r,ril: rìir¡t,iJ..oitri.,¡. hj iii¡..s'll.nr, $r¡rl:fhrn:l ,r::roi rti*:*1t¡t.r\r,r:nÌjr: ir.,l.!ur çdr rJn t¡'nr. ¡hdrl'.rri ì:^nr;ii :rìir..l S,6.LHOi\' \VII:SALìvlOi.': \'j\.lT;-: SPICY CUCU~'lBE:R SPICY CUCUN'I8=R. PINEAPPLE S,~LSA PIN=APPLE SÀi_SÀ I <>~I~~"'~='~~",d>:.·"'·',"",,,, •. ,.".,,,=,,,, ,-'-.',.,... ,.. ,,-,< " ........ ,".,..., 0'."'" ~",,.,_, ,~.~, ,~-. ,,:,"';<»<t ,,,, .. -,.,,,,,~,,,"", ......, .... ,,,,,, ~"'~' :OI·",.'I,,,~,,,,, """j~'">".,., . ,,,,,,,,,,,<-,,",,,_~ "~ .. .. ••".,,,,,-., .... t., o-J .... ,'-,,~ ..:"",,, ;.",-:. "~""", ......... ~, ''''~''''~'''' >y,.t.··«~"""",,,,,. :;~:;~r~;;~~~i:~~: ~~::~;' ~ ',""""'("""""hrr)'. . Jl ......."..:'".,,,......, . ,,« '. ,..• ~''''~,<-' ..,." 1.·",,""~tJ . . .', ~-, • :~.. ,I .:;': ':.~; .,.,- .' '=-"""'''''<10..''';-<'''' , > ~ .... _,f'."'.( •. ~~ ......,.< •.•.• ' fDr~xry\.l.lt~"ilhoulcxU".. r.'.l'ir;l;sroumJ tortrlyEkNilhouktccsi¡t,nir!srôurd ~:,Inln ir.sl<~dor ,h~d,.. dilli i,.l)o ~ulk<J upwilhulrJ f'oni1'>>U riilDlnhr(iilôr.h!cLîrù -n,is chllitthohuìÌrd u¡ w¡¡h.rrtr FrinrI OrbNM~~4Iom~lo".{;o(o~ .dd~eompl<";I)·b", hô! "~I olb.¡nr ¡ñúroÀ!loB.ko¡ F*drrdd¡@nPl.rltbur sw.<lI1o::s.&!idl~<""k;ni!'ho:orol.ch;Epo·... d<r.• nrlton",llrJ<I<· $s..r.ñ¡ri.nt.tut¡nSrhccoo¡,(hili¡o?C.ir¡dlonDrôr¡qc ~r""Jl~ingth"b<d1."lJ1Si'll.nllfrlhrlrt1Jvo"bdloEJddi¡g lhc b(.llclF lilcnllt rhilt nJvou, row.!.' !!cfriB LIGHTER BEEF Cl-ìlLl CHILI l"'''-;''~'''' "',,~ ,..'~~"h._"._,· ",,_, ..... "'.. ,.~: ,~,' , .... .. :~"'r. ...J=r-t,C-<:·r· .. ""'·., """'t.1."'~';;' l,,! .. ,,· .. "~.u,,.,.,,,,~,,. ,,,. . . . . . ,.....,,,__ '" ... ~., .. ~'''',·r . .co.,' .",·,....... .... J""-'.'r'·.J·'\,.. .. ,.'" CI>,\,:.,.·~"; ......MN,I ... ' ...,J, ...'-·.·.,~.. ' " ' .... : .... ~CJ'''ru"::<''~.''''-..",.,.."......,«J i'- ..,,,.,, ~"".-P,, ~"J .. ........... ... ..-I .. .. ,,,., ............ ·., ,.••.,.. J " " , ... ~._ ..... '''.,~ .. ~ ."",,,,, ~ ,,"l~ TOi'-"l:HO SAL;~D TOIIATO SÀLÂD V11TH OLIVES \'r'il-i oLlvEs AND LEMON ZES; ANID LEMON ZÉ5; ,""'1 :... ,•. ,,:;..... " ..,.. ~,~;.',-;-: ~;:. ':.~:,'~;;~~ '.~~~::.~ . , :. ::.,~.,:; SESA,...lE GREE:N BEANS ..... , _".,."".",,-.,.. - .. .. ,,,.,,,-,~,<, .~;" ,".""~-.,, ~",, __ ." -.m.'_~!::--· _ '0;:>1''''," ' .... ""_ ,- WHITE BEAN wHITE BSAN SALAD WITH SALA.D VVIIH ZUCCHINI AND ZUCCHINI AND PARMESAN PARI.lESAN ._.,!>;.~ . '-':'--.T~";<' ".>.l ,·"'·"" .. '-1.<"'..... ',.,:, ._" ..... ""'''' ".v... "J'-"'~:-'-': RCSEMARY-GAQU(;. POT.• -OES *,?{rrT:;",., H ffiË# ¡ì, ß A-384 Case 1:05-cv-08136-DC Document 1039-2 ' Filed 07/27/12 Page 1 of 8 $.-Ëae Ëìr't:r*i<'it1,, l;u .ìi-ì. ,-''--r tï-.i"::,- ;+*1. .e.. i f,l; i: -=+ 57; Sea¡;';-1l!:. l :-..ì ii |.,-.rt | i:,;l ._, I lir;it \lr¡ ., .$rew ;S,ï.,*pts 1.. .:- f o i ! .' .'r'i r'. ü;- ¡':"+ ':,¿ l$-{. -" r-s i';'l..s¡ftÏ.:;iH g-:ì r-¡ti lhl 'fr- ilcrlic:¡, i:.,: íì, '.i¿lÌå .öalil-r;:". Erica Shea and Stephen Valand Erica Shea and Stephen Valand '. r:.:! ¡t Fut, I :lll' exp:,,-·~·i~::::.('.:·_: ,i:-r,i i,(ì",ic,ir i-'.;r\iÍrs, ::ti1,ì:i\r :·.~l'- ¡¡i:,:.icd i'.1:itie ~·n:·-:. . .;cci ht"!~'tc :r,.,-,1 ~;~ . . ,~ ;1(lVic~' l:;:'t::\"-~[:,,, ~--e.::<:; 2Ific:(}:1EL:'-:·;. <i:!'_~ :~:-:\'\Hh~ ,.i,!,-i:',.:'..)I)\l ftHHi<.h.::n: ~'\; Cooking Beer Cooking - Beer 7JIa x 911a; 176 pages 13lax9tla; t76 pages - 15-20 line illustrations l5-20 line illustrations 978-0-307-88920-1 978-0-307-88920-1 eBook: 978-0-307-88921-8 eBook: 978-0-3 07-88921-8 $19.99 paper (Canada: $22.99) $19.99 paper (Canada: $22.99) ON SALE llflf2011 0N SALE I t/l/2011 All Rights: Crown All Rights, Crown ii'iiir qcis;i.'ilirí< .tt,, i:i -,,-ho L::('.ts i} ki~-:k :~:.:; ,:', ("()(1ks, i)I'~' trl,li:s, ill)' :,r,...ti;g ''i ilri'icit il-,i*," ,:::'¿ ~::~\:;:i~ fllade thi':'::. ;:~1:': ··r , i,, ::t;'r1..,;itn Iìr'c.,i S!,t:i-. ]!:¡:tse:':i lt trii,Ce iiì Iììiìii;-¡g r'i-¿(í: ,:,cc;a :ì,1 i]~ ::L-~;~<JyD Brc\\" Sbcp p;:-(~St'!1t ~t ~~u~de hi Hl,lk~:;~~ ,:r::-:":: ;:'(:0: ,H: ;i;r;rc ii-riu:,{iì ,*'ri¡,¡r11r''i.,-,-insi:,ite,-i i',:ciirts iti¡-iic!::t,: i.-.'.,,,.1,i,.ii. The Brooldyn Brew Shop's Beer Making Book teaches cooks and beer fans how TIte Brook$n Brz+l Shop's BeerMalcing Book teaches cooks ancl beer fans how make seasonally inspired beers from what's fresh in the greenmarkets. Those to make seasonally inspirecl beers frortr rvhat's fresh iu the greenrnarkets. Those getting in will appreciate the illustrated step-by-step introduction getting started in brewing u,ill appreciate the illustratecl step'by-step introduction making and bottling beer, while experienced brewers will jump right into a year's to nraking and bottling beer, while experienced bret'ers witl jurnp right into a year's of fun and creative beer each with suggested Erica and worth offun and creative beer recipes, each rvith suggested food pairings. E¡ica ancl brewing out of basement and back kitchen. use Stephen take brewing out of the basemetrt ancl put it back in the kitchen. They use whole grains and one-gallon stove-top make appealing whole grains and a one-gallon stove-top style that nrake brewing appealing to the organic-minded with All reCipes include five-gallon organicaninded and those rvith space constraints. All recipes include five-gallon variations, readers can transition to batches. variations, so readers can easily tt'ausitiou ro larger ì¡atches. -vÁL;^, ,lii) co-owners/founders of ERICA SHEi, and STE.l'BEN E,Ê'ICA Sl-ill,¿: ancl il-i'jii'ilTil\ VAL:"j>~D are co'owne¡s/founc{ers of the ingredient Brooklyn They beer-making Brooklyn Brew Shop. They sell their beer-rnakiLrg kits and ingredient mixes at Brooklyn Williams-Sonoma, Elm, and BrooklynBrewShop.com, the Brooklyn Flea, WiLliams-Sottotna, West Ehn, and i :>::'·ETER FIEDLER writer and Whole Foods. They live in Brooklyn. i:t j'::'ii ¡ER. FìEDLBR is a writer arrd editor at Wine S/Jecwwr and a graduate of the French Culinary Institute. Institute. ar'X/íne Sltectator National TV, print and radio coverage National TV, print and radio coverage Appearances on Appearances on • Today " loda! • Martha Stewart Show " Martha Stewart Show n Martha Stewart magazine promotion • Martha Stewart magazine promotion • Martha Stewart radio promotion " Martha Stewart radio promotion 0 MAKEA ONE.GALLON TO MAKE A ONE-GALLON BATCH ._.. _----•.. sTIU'f.ntQ;MASfi 11 '-'<.!I!o ..... ""a., .........·l._ _ "'-"''''' .... ·, ... __ ".,... ... ,:." ~~-<O .... = ,..p..._........,nJ,. .• ".,..-f .., ...... .. ,....... _''''v,.." ..... ~~I.·"""'!'''~." .r ...~!~~ • ..,....·.. ..... ''·).1'' .. ,....,..,~ •.¡|'feil .... I·~. -''' ,....,. r 4'Ê!4!1 3! drÈs' -i! t.. .....·I'... I'"-..,,"" ... ""~ ....... , ..... ,.....,.d .. '.,. .... ¡ú ø/srãr. 0Éprq^Ék,øL,È¡ã n., ........" ...... h ¡ÈPrdrt-'-rÈ{drÞ./r,6¡!. -.. ........ ".:I>_''"' .... ''' ...... ,_.~~"' ... 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'" "-... ~.I" ""~.,,'-"""' ''"('''''~ ~ ,~,,, _ ..... •u.I ........ l.~ ...d .......... _ Blow-ups and project cards available Blow-ups and project cards available upon request upon request eBook version promoted in all advertising, promotion, eBook version promoted in all advertislng, promoti0n, and social media outreach and social media outreach -.. .... lo"','......,.., ......".. ....',.r,....~"' ...... "'~. .... _"."."..,................ -'''''' .... ~;;::!7':::::.:::'=,:.:.~:-::.. CrafterNews.com feature Craf terNews.com feature Promotional content available on Scribd.com Promotional c0ntent ava¡lable 0n Scribd.com ~"''''' ~:::'.:~::~~,:::::__...... <"o>f:'"'~.:. ..... ""..... ...., •••:..1"•• .11 .. GlTiRUg @DuwQD~ GOSE 57q:Àe\ GOS[ 37<.'.M3\ ~ .................... ... 1\0,....."" ..............: ..............,"'" ~:~";;..!::;;:;::~;.,~:.::;~.:-:::-~:--..::. .ur....... ",.,(,....... ,...._,............... ~ ............... .......,..~" ..... .....,.;::.,......... 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A-385 Case 1:05-cv-08136-DC Document 1039-2 Filed 07/27/12 Page 2 of 8 Digital W"ai'r:tt.i íÍ-e*+ Y d-,;'--i 1Í-¿-è e åE- t i, -ìi-y-.,-ä-..-.'å-¿- ';t: i+.: [:" Ü *sxae* Èet* .ffi ægiwt+Ð i Carlyn Beccia ii r::¡*i: s¡:tcliii::íi', i:¡ il:-iiris',,t'irji liii.it'ûr ilrì i:ril.ri--i'irrir.:t r:1,-ii.'9ii::i ¡i,--'.ii.i, ,iii. i:i:,:jt g+iJcs :''.,:i.-ir',i l::'c;l: iire iur'.{,:r:,.':r.t¿rí ¿il .i-.!r1: ,r;ittiiSltai pzL,;rii::,.--- an induding llndcrs::~:n~:!;L'!~~ ~H·tlSb(:s., re~~Lt.;rL·:--:~. ;;i:-.d TiH?Jia <~vailable--r(,; n.h:.'ria!s iirlíiiilii-rg uriritrsr;l:r.iii-,i; i',:'trsi-:¿:s. tt-':;ii¡rt:i..,:l:,,i ¿il i,r¿d:i; ili'¿til¿'.lrl.ì--ir-' Iiìir\i¡;ì!s th~1t t.:n~;.hf,-: th.::;e rl.;..'\\·'iy ~i;..:qui!·t!J sk.ill::- hi l"T F:"lt into practic,-'. thiit e ¡-li:i.: r'i.i:ìc ii3wlt :¡r:cìr-ri-l¿ii s!<i!i: ir.' [,,: l:iI ii,it: pratciii.'. Art-Painting 1 8'/. x 9rÁ; 160 pages 8r/r x 9 /,; 160 pages 250 ffull-color Illustrations 250 ull-color lllustrations 978-0-8230-9936-8 978-0 -8230-9936-8 $24.99 paper (canada: $2799) $24.99 paper (Canada: $27.99) ON sALE 3/6/2012 0N SALE 3/612012 British: The Ilex Press, Ltd. British: The llex Press, Ltd. Translation: The lIex Press, Ltd. Translation: The llex Press, Ltd. First serial: Crown First serial' Crown How emerging their creativity with media, How can ernerging artists maximize their creativity with digital rnedia, and create stunning traditions of with stunning paintings that combine the traditions of traditional media with the infinite possibilities inherent in digital paint programs? InDigitalPaintíngfor infinire possibilities inl-rerent in digital paint programsT. In Digital Painting fOT the Complete Beginner, today's digital artists can both gain inspiration and quickly artists both inspiration CompleteBeglrmer, today's techniques of digital painting. Award-winning authormaster the techniques and tools of digital painting. Award-winning autlrorillustrator Carlyn Beccia her practical expertise illustraror Carlyn Beccia shares her practical expertise in traditional and digital ln a clear concise readers why and use media. In a clear and concise style, she explains to readers r.vhy and how to use they from traditional techniques artistic artistic processes, and how they have been adapted fi'om t¡aditional art techniques infinite of media. to the infinite world of digital media. CARLYN ílEctllÅ praccicing award-winning authorCARLYI\¡ BECCIA is a practicing digital artist and the award-winning authorIFeelBetteruith illustrator of \X/hoPwtheBínBallyhool,TheRaucous illusrratorof Who Put the B in Ba!tyhoo?, The Raucous Royals, and 1 Feel Better with toPainter teaches a Frog in My Throat. She also contributes tutorials to Painter magazine, teaches aFroginlv\Throat. digital painting to children and adults, and blogs on history, art, and books at carlynbeccia.com. carlynbeccia.com. @ SdS'" National publicity National publicity National print attention National print attention Online Promotion 0nline Promotion • Advertising targeting artists and painters n Advertising targeting artists and painters o Cross-promotion on author's website, • Cross-promotion on author's website, CarylnBeccia.com Caryln Beccia.com Featured title at College Art Association Show Featured title at College Art Association Show and NAMTA and NANITA Academic marketing outreach Academic marketing outreach Ei • 'M 02 UL i di SCANNING SCANHING AND CLEANING ANDCLEAIIING SKETCHES SKEfCHES Q.,EAMNGllPAUDSC/UI !ffiE@üY V;r~'='J':':':"<I""~' L"'~-"''''=('''''''',~'''':'''' ,~ .-- .. .. " .. , ', ""·r' ...•.,._... -~-, .. ~~~~~§; ". .t..-- ' o,!.,::'>':~~'~LJ.o,"",~'" :r,,.,,' ffisÀÞ'ri14:¡:É,:.:t': .'-,.: _T-'. GET1WGSTA.II'TED!'.'~·.Y:. '-'~' f~;f~§~~~¥'~~~af(21~#~ -, 1_.t it.f ' . \{,<~ '\ l I t I I :l ~j~;z)/ rè.;n -, . I "."="'~,=" i t--: '~:::l ~jiJ ) !!ti ti I Éu-ii;iæ I .".,J IIIi!lriIB! . ---æT::..--rr:ç==ñf.j.-1 1 ~"il -.¿ -' ,;::::::....--!._-^ | , ' ¡ '. ' : '':'.---'-~ , - ":.Fì1;::.ri,:ì:æ:-- Wlti ffi.#.#i# ffi&i!g¡.i¡ë"...i EæÈ#;rÈjg* ffi ffiå*Ë Wr i !ì ; i Èt -.i Lã:=--S- ú? F:5=F ;=l:ìÁ i : :H: !. .r--!!l¡ã,æãAE;-:Ë-'ç"..€r,r-Ê,9,:+r ¡ ;---:".?æ#5 A-386 Case 1:05-cv-08136-DC Document 1039-2 Filed 07/27/12 Page 3 of 8 ..-.--.-.- ---------------..-1; 1------ ---------------------- ------------------------------.-~.----.--.------------ ~--~:~j~~ Sladed I 1h/6o-o_lUtIftllbtlt"",\>fOIOIM:"""",,_,.:.o_I~_ w.odIi<l_.ot .... _' ........"".,... ...i_."'..,h~Of'd _.,.,wr_. """'.'" ~ .... -...,....... ~ ..... ""a;l<'llno<rd ..'InI._Ul ... s::M1>l1i<~ ... 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I.'._ ~~"'''~''''''''I'''"hMl''' ~I_~ .>ol;t<,.,",..l>oo,"o)-..... ,.......'IjIoo"+4 ....... l~t:I_ ....... ....,..,I.loSIr'~~"'~"'''''i'Co'''''''''1O =,=;:~=:;::::;"'7:':~':;;t~hlh' I\"OO'IJ,"~Q_L o 'l-7.. -'" ll,/ ~lOO''tPI!>o fII!'''U.olof.".',.o.I!I\!'''''''.. ... :='''''t.,-...-:.dJ>«.,.,. ...Io<lIlo ..nl/"'l'.,olIn . . . .JNI...,...:· ..:t_.., .... ...... fD:l' .. c æ '-t@ .::.-... ... ) ~."' I ì .. o*o"nrt rt."", I ORGANIC SHAPES _1lII!~_.r PlVJ:llC(: ONJ:·POIN'l' :PS?SPECTIVE _'"oId1..-I'II,_NIO(~",..·~,.~ , '.""'"' .. r.~".,.. .......... <..... ___ .... I#',...... ~.. OII< ... :.::=::.~"-d"" ... .. _"""rr..... o.p-Ic"'-' ... _-s~"" 4ùn.ddñútÈNnùdbrh ~ttI>!"" ....... ....tI... ~ o"'._ """*... ".. .... "'""_Ic~"If\>o':Icn-to:J;oI/1I<t>_""~ .... dÞlækÈÊbqùùùdqdk!e """""'_~ .. "O"'.."j .. a-t_ ... (.. @ùMbÉãÈÞEF _.IIlb"Qt_"'It.tn..O!,..M'II'~~ @,É¡ùhþe4ôdbHì4 hlÀsæÉL&dMbññak@ddð ã¡Ét*(ÞdhbiÐÈù@¡dùàuùd. . .... __ ñ.tuÉbhùe .t.(o,.~"_ddA. ""_~<l'I.,...n .~, ......''' •• ';'<.,IO'~", '/...,.:d"' ......... ~ ..~. . ~4~......... "'.~-. ~- 1+<T ........... " .... ~.., "'''''''~1~.."...;,.;., ,,.,"",, .............. ,,,........-. ....... __ ,.''''',t\._ :~:>"I>lI. ~""""ht.:! ..... "..>:.,...,<."'-~.,\>-.. ... "~,..,."' ~....,, ... "'''''''''/I;.. , ..... ...,-"'... ~.:.., ,..~, t-< ".,·... " .... "..,:>I"'~IC. ... 'to.~ .... ~,·~. ,..,~'''" ~ ~".,:. ~ ... . .... ""'""-.'-,--........... -""'~ ••.-,,...... ........... <". . . . . ...... ... "".~'",... .. ... ,~.;- :ì; ., '.i . .,t ì: rt,L ' rì-l .iì; -:,f , I ,j/,,,,,t .... ....I""""_.., __ ............ "'>«I0t<0<_ _ .. ,..,..,.. ...... ., .... ~ ",~,,",,,,,,,,.n:.t. ~ !1r_ _ ... ' ... ;lrl"' ....... ..,.· -.,.. """' ...... ...._ ,.. _. .... .............. ."'t'.-...•..,............ .. ~'>'>"l"" ...,~~ _ _ 01 ...... .....I.j._ ... ~I~~ ...... F¡.Êd4rL6rñthÃd! ....Iy. ""'A'lI ...04 _.014" 1".0\, J.-<!n. ......... ~ ...., 1<I' ..:OICl'ltloob<;! ..... >«v......... twlI:dI'""I .... ~u." I.o..,Q .... trbrùr*d@Fù.ñ¡M ~ ..'.,.. ~_l«Ia:r:;r.,.._~ij.,..l1\IIuo.._irt!.ooII7""~n """".""""~_c:>tI,."'_ rer4åred¡'r¿4ù.øt.Èrq'{@rÉrr y......""'" '''''~'' ..... ~-.:WI ...... I:-j "o-,tO.!""I"II,,,",,,,I"""'l ' '/~'''-----:l\ ÈÉJÈ4éù4þ »"-.t.:.. .. ""'o!.Io<I ....r.-. b~_".,·_,.;~ .. II""NIM. ~.l-. IJi.,. "" ... ..,,>=t>d:k1'"">' """_...-.Ir::r: ................._ ..... """"-........ """»,""~",,oo!». .. ............ .,.." .... ,..,.". ....... ,,, .. .......:., .., ~~..: : ~, \" A-387 Case 1:05-cv-08136-DC Document 1039-2 Filed 07/27/12 Page 4 of 8 ËÈarsåe j \r ' ' i -,;.'r; - - r=,al,--ã-a't-t: ~o:O:-~:~ 'l'':- ,1 . . . .i- _i.. l,' r. l .::'-;.+:il:Þt. j ..l.i4lJ - l.'"ei*.'-?i::r:..:í 'r.:..í.-*. : : ,ù,v r?r ¡ tl / I l ¡tG* À '11 .: ; .-j.:>æ ':', Ti .É"Lnia z:åf,ì.Ë',.l,r .t- as=,r Christopher Christopher Hart Made Amazingly Easy Amazingly Easy l'1ade : ^f l" 1l 7 1: ¿ ¡.1 .¡ ; I 'rl+:,1 a '-¿. '].,'iìi li ¡t È ^'ìl Fr -f:lrqeiltl ti: tirci"i ilcii'guntr¿liion ol iis¡:i:.iitg iiegi;rneis r'iìE(-í Lo l.:iiri, tie ~r;~q~c:tcd tu each nc\·;.: generatlon Cif a . .:;piring beginner~ :..'<lg{-r to lt~Lirn the fundan1elY~? is Cof ctra-:,"I:,'ing in a::: ca~y and acce;::.~ible \~;ay. iunc'!¿r¡leuÌzr[-. cí cira-;,ing iii ¿t:-: c¡sv irirci access¡i.le i",¡ii'' title a bestselling Drawing Made AmazinglJ Eas)' a The third tirle in a bestselling series, Basic DrawingMade Amazingly Easl is a complete drawing beginning Based a of that cornplete drawing book for the beginning artist. Based on a series of lessons that begin with the five basic shapes (circ[e, oval, square, cylinder, and recrangLe) basic (circle, oval, square, rectangle) basic components of (line, perspective, combined with combined wirh the five basic components of drawing (line, mass, perspective, complex simplest forms light, and shading), the book progresses from the sirnplest lorrns to more complex inanimate objects organic subjects. inanimate objects and organic animate subjects. bestselling of drawing cartooning CHRlSTOPHER HA.RT CHF.iS'l'OPHllR HART is the world's bestselling author of drawing and cartooniug million English-language books. His books have sold 3.1 rnillion EnglisÞlanguage copies and have been up-to-the-minute content 20 languages. Renowned translated into Z0 languages. Renowned for up-to-the,rniuute coutetrt and generation easy-to-follow steps, all of Hart's books have become staples for a new genet'atiotr easy-to-follow of been selected of aspiring artists and professionals, and they have been selected by the Art-Drawing Art-Drawing 81h x 1071s; 160 pages 8tlzx707lai 160 pages 600 illustrations 600 ilìustrations American Library Association for special notice. notice. Arnerican Library Association 978-0-8230-8276-6 978-0-8230-8276-6 eBook: 978-0-8230-8277-3 eBook, 978-0-823 0 -821 -3 $21.99 paper (Canada: $24.99) $21.99 paper (Canada: $24.99) ON SALE 1110/2012 0N sALt 1/10/2012 7 All Rights: Crown All Rights: Crown if åW E' RG Ð Er #'g_.Ti G F\g Drawing is a fun and satisfying way to express your sat¡sfying fun Drawing appears overty creativity, but learning to draw often appears overly learning creat¡vity, National print attention National print attentlon complicated and intimidating. A beginning artist needs a intimidating. National publicity National publicity can't those solid foundation in artistic principles, but why can'tthose foundation Online Promotion 0nline Promotion . Advertìsing targeting drawing sites • Advertising targeting drawing sites • Cross-promotion on author's website, . Cross-promotion on author's website, ChrisHartBooks.com ChrisHartBooks.com • Cross-promotion with Com cast videol " Cross-promotion with Comcast video/ ActivityTV.com and Chris Hart's YouTube ActivityTV.com and Chris Hart's YouTube landing pages landing pages illustrated? principles be clearly explained and illustrated? eBook version promoted in all advertising, promotion, eBook version promoted in alì advertising, promotion, and social media outreach and soclal media outreach Promotion at National Art Materials Trade Promotion at National Art Materials Trade Association trade shows Association trade shows Promotional materials available Promotional materials available bool< for the Here is a complete drawing book forthe beginning comptete artist that focuses on gettingyou drawing right away, on gett¡ng you buitd while giving you all the tools you need to build a solid a[[ the toots you white bool<, foundation in art. In working through this book, you foundatiorr art. ln workingthrough of art¡st, will learn how to "see" like an artist, in terms of form, [il<e wi[[ learn line, and shadow. Each chapter builds upon earlier builds upon Each line, lessons, so that the experience of learning to draw is of learning to draw is lessons, so that the never too complicated. Confidence will replace your never too complicated. Confídence w¡lI replace earlier doubt as you learn techniques that work, such as earl¡er doubt as you learn techniques that work, such as ALSO AVAILABLE ALSO AVAILABLE how to combine basic geometric and organic shapes to how to combine basic geometric and organ¡c shapes to create almost anything, how to add depth and shading create almost anything, how to add depth and shading to your drawing, and how to handle composition, form, to your drawing, and how to handle composition, form, and perspective. Finally, you'll learn to draw the human and perspective. Fina[[y, you'l[ learn to draw the human body as a graceful and expressive figure-the ultimate body as a gracefuI and expressive figure-the uttimate challenge for a beginning artist. challenge for a beginning artist. A-388 I ' ',ii\' , ...;tit il, ;..:.. i : ':1 ' : r.jt"':.: i' r '1; l l.rÍ.lri'ì:,,,.l 'ijrÌ ', ,i i/ rl: .')'ii':L I ltl;';i: ';;¡ì '.,,;,;-'.., t,,,, .,¡:rli ¡' . ììlì '¡r .,; 1..::., ::...:'' '.. ..'" , 1,,¡,.':ì;'ì,..';:;, :'.'ìr :, . È" 'ì¡.' ¡¡¡; . . ., . ';ì,,: ii!.,:':. --',. ',:.';'li;:i i, : ': ,, '' .,. ,úfl, '.U,'!iì:Í Filed 07/27/12 Page 5 of 8 ,.i.:;1^ -¡¡" ,ì:.,r". Case 1:05-cv-08136-DC Document 1039-2 ..ì ' , li'i#' ; rii;ií'' ::.:, .ii lrt- ',1,,1":,.¡l' .'j.. ,t. :n. , r:.:ir . ..1. ¿ij::î-r+iÌ.',,I ¡'r: * ::,,;1 1 ::' A-389 Case 1:05-cv-08136-DC Document 1039-2 Filed 07/27/12 Page 6 of 8 ! definiteiy dOri:t rla.\-'8 -cii!!8 anYiT10re to COO!< iri' ilc;urs every I cieiini'ieiy Ccr-;'t i,:ii,í,- ilin+ tnvi'ì-ìcrê tci cocir. f=~r irci.r¡'s evel'-V -¡..l,J'j o.ay-not i-f vvant rû spend ·~irne at the v\:ith and Jaci8. cay-i-rot ir' i1 wa.ni ·~o spêiìi1 Li¡le aiii-re table vr¡iiil -rOtjj :-iiìd ia-cje. love food cooking want eat a dinner! I've up But II still love foOd and cooking and want to eat a nice dinnerl So I've really shaken up my weeknight repertoire include only dishes that can pull together after a day. All my weeknight repertoire to include only dishes that II can pulltogether after a full day. All of these reCipes (except sides desserts) make main-course And of these reclpes (except the sides and desserts) make main-course servings. And they under hour-with much faster can all be accomplished in under an hour-with most on the table much faster than that a hearty soul-warming that: Rustic Vegetable and Polenta Soup, a hearty soul-warming one-pot dish, cooks in under Lemony White Bean, and Arugula Salad a great meal in under twenty minutes; Lemony White Bean, Tuna, and Arugula Salad is a great meal quickly assembled fridge Gruyere, Apple that's quickly assembled from pantry and fridge essentials; Ham, Gruyère, and Apple Panini are gooey, cheesy, delicious in ten to minutes; Spicy Linguini Panini are gooey, cheesy, crunchy, and delicious in ten to fifteen minutes; Spicy Linguini fifteen-minute-or-Iess spectacular with Clams and Mussels is a fifteen-minute-or-less spectacular pasta; and you can't Pepper Caper which just beat Grilled Sirloin Steaks with Pepper and Caper Salsa, which are also ready in just fifteen minutes. This is what weeknights like my reCipes inspire and I hope This is what weeknights look like in my house. I hope these recipes inspire you and your gather around picnic blanket!) fantastic family to gather around the table (or picnic blanket!) for some fantastic dinners-and, most important, a whole lot of most important, a whole lot of fun. BUCN BUON APPETITO! i)LitgcÌis e la t-ri¿zl,ìi;: ... ,...., .....,.:>",'""'.. 1·" ...... !I .....~ ... )_~.... -~, P"".oM""'·,,","~O<V> '·!·~l·""""·"_o.l .....-.: ~ ......,......., ............ ·(,_",,·,w-..cr':":"', :~~~~::~: .'" .. """.,.,.'-,""''''' ;/O"'.~,..~""'~ '...,-~.,.. ... ~ y....................., - ' ....~ ""'''#''-0"''''"'' .... ................",<= ...-!..,..,,:« ..", '.,':O> ..... b<\; .. :,>·''''~I ..... ~..:.,. ~L"'"''"'''''''~~''' ,..""~=",,- _,~,=~a,,, .... m",,,"-,,,< 1:<...... ...:I"!.";,.=I..1 '~f\<C~"'r""";.:o·.,.,,,, "~I~""""."""'\L'·.<"-;.<"'t>!"","'""""'·"-":l'=.!..1:I,=",,,,,,,,<f.:O"""O_. "''''r>JI';>.~'ffl!.W_'l=''''''Q!.1;I,=-~6~~''.''''I~~\J:~;>=''''' .. " , = """.... ~"':""""':o= ... ""o.,.,,..,,.....~"""'I:i.,..~hn"'t"No!.O!'!.>''''''...,, :rj<,"""""",,,~ ~.l:'>'~~ "",..,.... "'"-",..., .... ~''"'"I'"..X''' cp,,,,,,,,,,,",,,,"A·I"I." ';1Iu1.J1""b:>O:,""(I,"",NII'''::-''''''·'C.,::>o.~'.~,· '~":O<U::=-""".W)""-,,,, ... ~ r.~V""'V.':"_.''''''''''.~ r....... ...... I ~•• " ..... :, ...............,..., 1-<» ~~ I'..,' .... ~~N""' ........""~'·."""~·><. ~='Ol:to<l'=,·t'n,,-,"",, or.:"4I'. \ ,.>!:"J,....n: ••• ..,.. p".,...... 1''''',1"."'"<--''''- ~'.''''.'''~:. ~<'."~'\.\.~'~'.~,;..~"'" r· ....~~J.., J >"";;0:11>70'·:'""'1 ........ spicy ii'lgul l·'0 soicrr iiricru¡ini üviii cla"nis ar icl rnussels with clalTls 2.:·,d mussels ':·~.H ,.: :'. :;.: ·' ......,.I· ...........I~~. . ...,,....:..,.., ......."'''',,). .,,(to .... ......... .... :""";or.I~""'" Ic"""".r~·"'''" '<J • I = d.-,r!..,...~..-.n= .... ~ ,~<l~ ~ ~~ .. "'«>".........., ~ :LN~,. •.>l~:r«< ........... ""':~"""=~~·_.~,·,.., .. ;:~,J,,<;:;>. •• '~'"''1.I~"'' ;<.:>~~'O:If<lC:>O:= • ."..: ...... ''''' .. ,<.,~,..=.o~.:>", •• ~~., """~ '''''"''.!;.. . .,<, ...._ ..,~"'~~,><.'<'"""'"".,......."'''' 0:-_ ••,<:<, ........""~~.,""J,,~.,_........1r:..-.e.M"""""'<""""'" . .., ...... \.'...-;:. ·:·'...·QH=~ ,~.~p.<~<'<, ~ ... 'J,.~fl..)" ....;~ ...:"','~.< ~ .... ",,".:::. : ".:.." •.• ,,~.t."" ...~.. """' .... ""'''',......:''''','"'',....,. . . ''''''' . . .>-l<>"'!<:::. ,,-:~-r.: ~~\ .r'.,~,,).-:...,.~<J~,,;-~,.,. ... .:.. ,I",...~~ .... ......''''O:;-"·''''''''''.)J,,....;''''l= .... :...v:..'''"'~.·.,,,.. ,."·~"".."..,·;.;.,.,oJ:r.<'''' .- -'- ---* -" __'ãÞÐ,aF.-Ëti A-390 Case 1:05-cv-08136-DC Document 1039-2 Filed 07/27/12 Page 7 of 8 .&{cråern /~\ !.' ~ ~--.\ .r--'} ül-*æsËaf, c.- .· .+- (- Soph;:strcateái iJie.''mes nr-rs'pi;"ei nv ihte tceain Tim with Jake Townsend Tirn Clarke with Jake Townsend ! ........" CA,,;, . ....-i '-.,. .. I t1 i¡ \:-rí ï: i; i :i i 1 .. i rl.~·,·lo\'C"l'S of rh,.' '~'..\<.1:·+l~)i.::":· ~(nd [;';;1.S or . .<!.;.~;-:\ r,~C;dCIT':: 1 nn.::nti-, "l.' '3-.. . : ~t~,~, cdt..'hri.ltl~d iì.:i'it¡r,r:l'li rtj: Ì]iL .-;,:¿',';i:,i.i:;ìl,lii i;ìrìs q:i ¡i,.j.::-,, ;;itdci't:. i:rir':¡ti-rr'.ir':,i;.1:1, ,-r'icit'i¿1.,,i '.i'li:: :';~;.:n~'l \'ioni,_:;:,··h,t: :"',3 >.~:~;·i~')l· ll(i..·{1n1:·,.n· ':~L.~d<.\..' inu.<r~ll.''''; '~:{i\\' t·c :~;Jusc l"l,i:,.:i i",iili::r::;.-1¡:1,t.,,,i :.:-,:..:; i,.ll'rìcii¡r'¿tiitr Tint ,l-.i.il'i<t ili',i:ii:tr:'.:: i..li.,', li: i:tj.'.iltc ;; .~:pi~';.ii'.iuf1 ..1nn\T: i"r();i'; rLt..' c:.};·:stal1.ifcsi ~'k <iL>\..} i·he· i:i::iririìÍ.ir'riì .ii':rrr:r Íi-i;:-,, ii;c c.:l:l¡i:i1 iií':sl.iic':¡rj'¡i',.'i'¿t¡ii.¿ts' ili !lc "nciir'i', i;cl:tii :E:·.. t'P inrc an\" :-:~·I<l.CC: r:...'!.~al,-Ht':-i:'; nf >l:C (l1" lOc~Hi\1n. ì,:li:,,i'" ii:¡il ;i;r., :ìi,li{C- t.-.^'r"(1i.-r:; ,-.1 :';:r, ;'l' lclc¿¡1;t:i:- the who the of coastal living There are few people in rhe world rvho have captured the essence of coastal living way interior Tim the fifteen years that he the ',vay that superstar interior designer Tim Clarke has. In the fifteen years that he Hollywood celebrities, power brokers, has creating environments fias been crearing residential environrnents for Hollyrvood celebrities, porver brokers, Tim Clarke has synonymous with and socialites, the Tim Clarke brand has become synonymous with breezy, relaxed elegance_ With photographs acclaimed interiors photographer Noah this elegance. With photographs by acclairned interiors photoglaplrer Noah Webb, this lavishly illustrated home shares Tim's aesthetic philosophy lavishiy iilustratecl horne design book shares Tirn's aeschetic and philosophy as seen in 15 where clean lines, organic of textures, more rnore than 15 spaces, rvhere clean lines, organic shapes, a mix of hard and soft textules, colors the sand sense that places and colors inspired by tl-re sea and the sarrd create a selÌse thac these places are at once spacious restfuL spacious and restful. Architecture -Interior Design Architecture - lnterior Design 9 x 12; 224 pages 9 x L2i 2?4 pages 200-250 full-color photos 200-250 full-color photos 978-0-307-71878-5 978-0-3 07-7 1878-5 $50.00 hardcover (Canada: $57.00) $50.00 hardcover (Canada, $57.00) ON SALE 4i3l2012 0N SALE 4/312012 All Rights: Crown All Rights, Crown National print coverage in men's, women's, lifestyle National print coverage in men's, women's, lifestyle and shelter magazines and newspapers and shelter magazines and newspapers TIM CL\I{KE is an inrerior designer in Santa Monica, California, s,ho has created interior who created CLÀiìi(ö featulecì u'hose rvork leading interiors for many Hollyrvood celebrities and whose work has been featured in leading man1, Hollywood celel¡rities interlors publications including Elle DecoT, House Beautiful, Veranda, Town and Country, and the EIIeDécor,HouseBeautíful,Ve¡'ønda,TownandCountry,at'rcl Los Angeles Times. His design firm, TCl, has a clientele base thac includes leaders in TCI, that inclucles clesign Los Angeles Trmes. Monica entertainment, business, and sports, and his eponymous Santa Monica retail location location eponylnous entertainrnent, business, sells one-of..a-kind beach-inspired furniture and curios. aud one-of-a-kind heach-inspired and CondéNast contributed tl-re Los Angeles Writer JAKE TOWNSEND has contributed to the Los Angeles Times and Conde Nast WriteL JAPiE Ti-ìi\:¡iSEhNi) including rnany co-autho¡ t0 Traveler, among others, and he is the author or co-author of 10 books, including many is Tìaveler, of the acclaimed Cool Hotels series_ Hotels series. acclaimed National radio attention Nationaì radio attention Online Promotion 0nline Promotion e Banner advertising on DesignSponge • Banner advertising on OesignSponge n Cross-promotion on author's website, • Cross-promotion on author's website, TimClarkeDesigncom, and in his retail location, TimCìarkeDesign.com, and in his retail location, Tower 20 in Los Angeles Tower 20 in Los Angeles • Blog outreach Blog outreach ' Promotional materials available Promotional materials available ........ ", .. \ ,.. ~·I, .......""".,1·""",.,1 .. ~" .... II .. ~"."I •• "~I ./, ,.,,,,,~,,,,,, ~ •• .t-' n...... ,•. ",~ .;..>""-!."'.,,.....,., .• ,l,.,."',.,.J ..... I."'."'''."r>~......, "'o?-". ~,,,.:;.t~~"'~.,,~ ,..I ... ,~~.·.· ..., ·.,IM ~ ...... ' 1..... ,...J . . ."....... <1"'~""'._.''"" I"~'."I"-.:I'"-<" .• .... ,.· ... P'I,,"~....... 'IT_""""" .... t..-:."'"._,.", ... ft",r.~", ..... , .......... r... , • .u ... "u.... ">"1'"'''' ~~~".~,I '''''<1~''''~ I"'-..II~'I~ ..., ...........: '<.:-.,,"',.,. .. ,........ ...:0,....... M~t1' ...... "~.\'T-.,t>u.: •• ,,,." .. , ..," .. ~"' .. ,."' ......... " •• ,v;n ............. ,.. ..,·"-· ..... ~ .. L..oP .....""" .. ·I-.... ·"~ ....... "· '.J"l""~'" 11o.n-~.~~ ' •• I~.r-~ ...... f,.t... .. ,~ ..: .... _."'n. ... " r_~_~ ..... ","",~"" ",,">I<M __ " .... J-." I'-<;:.""I"'h.I .............,. ...:-.o...f., ~,., ..;-I ............ ......e.,,,"""">!-.l, ... ""',..\! ........ ... ~ Il •. ~_ ~"_.., f"I~ .. ,J.. ...... ¡nl.drúd "~~""' ... ,, .!.-.>.... H.,.,.~ .... I-..... , •• ~ • ."••• " ..... ~...,L'-... ,.. u.~.~ ........ ,...r......·J.,.,.'__ •• ~I'........ ....J,j.._~ A-391 Case 1:05-cv-08136-DC Document 1039-2 Filed 07/27/12 Page 8 of 8 Exhibit H trxhibit H Katie Workman's 'The Mom 100 Cookbook' Katie Workman's 'The Mom 1.00 Cookbook' If you're a mom with a busy schedule and a desire to still produce good, quality meals lor your lf you're a mom '¡/ìth a busy scheduìe and a desÍre 10 still produoe good, quality meals Tor your family, Katie Workman has Just published cookbook with you in mind, :'Ih5'...MQ.!IL..1.Q.Q fâmily, Katie WÐrkfiaê has just published a c.öokbook wilh you in mind, ÌÏhs--Mc.m-.j1--Ú-t Cookbook," This cookbook's philosophy aims to provide real solutions for the everyday Cosktlt*k." This cookboök's philosophy âiffis to provide real solutions for lhe everyday dilemmas that cooking for kids can present. dilemmas that cooking for kids can present. As is written on the back cover, the book presents 20 cooking· related dilemmas lhat moms face As is writien on ths back cover, the book presents 20 cook¡ng.related dilemÍias that moms face on a daily basis, and provides five solutions (in the form of recipes) for each dilemma •• offering on a daily basis, and provid€s five solulions {in the forrn ol recipes) for each dìlemma .. ofloring a total of t00 recipes that moms can turn to when In need. å lotal of 100 reë¡pes thät rnoils Öän tufn 10 lvheil ¡fi nêed. For example, one of the dilemmas cOll13red in the book is "Getling Kids Fed The For exårfiple, of¡e of lhe dìlerîrfiãs covefed ¡n lhe botk is'rcettiûg The K¡ds fed And Out The Door." Many moms will attest that mornings are and hectic, and this a valuable meal Dorr." Måny ilomÊ witl ãtlêsl thåt momings are busy and h€cÎ¡t, añd so this is a valuâble meãl time to address. Workman offers fiva recipes Ihe dilemma with additional twists. 10 tìme to addr€ss. Workman offers five rêcipes for the dilemma wilh âdditìonal hÀt¡sts. Her recipe for scrambled eggs offers TO alternative meat scramble cheese scramble. Other dilemmas she addresses include: Can't versions, such as the versions, .such äs ÈÌê green eggs scramble, m6ât scÍañtblÈ or chsess s6rämble. Olher dilemfia$ shs ãddr€sses include: "The Kids Cant Hotdogs," "Be Bràve - Serve Sälad,'ând "I'm looking For Some New Surefire Hits." Get Beyond Hamburgers Gêt BËyoñd Hamburgêrs and Hotdôgs," "Be Brave·· Sêrve Salad," and "l'm Læking For Sómë New Sur¿fíre Hils"' Since Workman is a working mother herself, she writes blog (and also blogs for also at HuffPosl Kitchen Daily) Is the Editor in Siñæ Workñån is a nrorkìng rnother hersell, shè wr¡tês a bloq {änd åtso blôgs lor us älso ât HuffPöst ldlchen Deily) and fË th€ Editof in life easier. For most Chief of cOoKStf.com, she has her aiming make a working måny features Chief óf Ðr]okstr,ôoräT, she has included many fealures in hêr cookbook â¡ming to fiake ã \i/orking mom's Iffe eåsi€r. For mosl recipes, she moment) offers lips on how you can make part of a dish ahead of lime (when you actually have a free moment) or how the kids can help you in the how actualfy Ìíme (when ahead of a can offers tips on horv kitchen (making a valid point that if lhe kids helped make it, they'll be more likely to try it). they'l mor8 likely make if the kids kitchen {making a valid point pi*y that just because Workman also devotes a greal deal of time and consideration lor the mom of the picky eater. She believes that ¡ust because your child conSideration for mom Workman âlso devotes a great rÐad "fÖrk ifl båañd mealË. isn't an adll13nturous ealet* thaI doesnt mean thät the whole family has 10 eat bland meals. She offers recipes called "fork in the road larnily hês to isn'l an âdventurous eater, that dóesñ't rnean that thê târflily. recipes" thaI allow you 10 appease the pioky eater while still making an exciting dish for the rest of the family. thè exching making recipes" thal ãllow yorj to åppease thè p¡cky eater wh¡lê siÍe. contrìbut€d lo To get an idea. of the kind of recipes you can find in Workman's book, you can check out the ones she has contributed to our sile. find Workman's bûok, yoil chetk out ìhe To afl idea. ef the kind of feÖipes Kalla Workman ReCipes: Kåtle Wbrkmãn Rectpes: TarraooD},1.~$lf1rd Crusted Filet 01 Tãrrâflûn Mustãrd Crusl'¿d Filet Öf Beel .$.Qgtj):,Y.$§.tt.lIDQj)ig.15§.D.:Qj)jQQ.;lg..$.~.Rf1L];lp.l!d.P'jll $-Èr,llill,rr-F-È.l.Ern. Ëfl.i-c.lsej-"::tìÌrírrr-îàç."$çsef-b\rrpl..p,jp I'å-vsÈêd-*.åns Ê?nnpll!*i--Epsn..Çr*F.1i?i l#iJå.."çr-smgl4JÈ \YQ.<:;'' r.!.Q ..An,LG1!.on",jjil1.i S~;;QGIQ$tiniWi\!:lGn;;milli!\g Pan Thai Pâri Thäi Modern Greek Salad MÕSÈin Gr6F,k Selad A-392 Case 1:05-cv-08136-DC Document 1040 Filed 07/27/12 Page 1 of 3 DURIE TANGRILLP DARALYN J. DURIE (Pro Hac Vice) ddurie@durietangri.com JOSEPH C. GRATZ (Pro Hac Vice) jgratz@durietangri.com DAVID McGOWAN (Pro Hac Vice) dmcgowan@durietangri.com GENEVIEVE P. ROSLOFF (Pro Hac Vice) grosloff@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant Google Inc. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE AUTHORS GUILD, INC., Associational Plaintiff, BETTY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all other similarly situated, Plaintiffs, Civil Action No. 05 CV 8136 (DC) ECFCase v. GO OGLE INC., Defendant. DECLARA TION OF BRAD HASEGA WAIN SUPPORT OF DEFENDANT GOOGLE INC.'S MOTWN FOR SUMMARY JUDGMENT A-393 Case 1:05-cv-08136-DC Document 1040 Filed 07/27/12 Page 2 of 3 I, Brad Hasegawa, hereby declare under penalty of perjury: 1. J am an engineer at Google Inc. I submit this declaration in support of Defendant's Motion for Summary Judgment. I make this declaration based on personal knowledge of the facts and circumstances set forth herein. 2. My duties at Google include ensuring the security of Google Books. In this declaration, I discuss security measures for the type of books at issue in this case -- full-length. English-language books not known to be in the public domain and not in the Partner Program. 3. The Google servers which hold the complete scans of books and related information are not publicly accessible and are protected by the same security system Google employs to protect its own confidential information. 4. Google employs security measures to ensure users cannot recover the text of an entire snippet view book or even complete pages from those books. Examples of those measures follow. Google shows at most three snippets in any given book in response to a given search query. A user cannot cause the system to return different sets of snippets for the same search query on the About the Book page, and Google Books does not allow the searcher to copy the text of those snippets, instead presenting them in the form of an image snippet. The position of each snippet is fixed within the page. and does not represent a "sliding window" around the search term. Only the first responsive snippet available on any given page will be returned in response to a query-so even if the term appears eight times on the page, only one snippet from that page will be displayed. One of the snippets on each page is blacklisted (meaning that it will not be shown). In addition, at least one out of ten entire pages in each book is blacklisted. 5. These protections are designed to prevent a user from conducting multiple searches in order to reconstruct any substantial portion of a book. Even if the attacker had a 2 A-394 Case 1:05-cv-08136-DC Document 1040 Filed 07/27/12 Page 3 of 3 physical copy of the book in question in front of him, and used that physical copy to identify words appearing in successive snippets to use as the basis for the attack, the most complete patchwork of snippets he could end up with would still be missing at least one snippet from every page and at least 10% of all pages. (Of course, if the attacker had the book in front of him, it would be much easier for him to scan it than to try to circumvent Google's security measures.) 6. Protections are in place to prevent automated downloading of snippets. For example, image snippets are given web addresses (URLs) which do not fit a predictable pattern, and rate limits are placed on the number of requests from a particular user, and the amount of material shown from a particular book across all users. 7. I am aware of no security breaches resulting in unauthorized access to books, and due to my role in ensuring the security of GoogIe Books, I would have been informed if any such breach had occurred. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on this Z'if6 day of July, 2012 at Mountain View, California. Brad Hasegawa 3 A-395 Case 1:05-cv-08136-DC Document 1041 Filed 07/27/12 Page 1 of 3 DURIE TANGRI LLP DARAL YN J. DURIE (Pro Hac Vice) ddurie@durietangrLcom JOSEPH C. GRATZ (Pro Hac Vice) j gratz@durietangri.com DAVID McGOWAN (Pro Hac Vice) dmcgowan@durietangri.com GENEVIEVE P. ROSLOFF (Pro Hac Vice) grosloff@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant Google Inc. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE AUTHORS GUILD, INC., Associational Plaintiff, BETTY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all other similarly situated, Plaintiffs, Civil Action No. 05 CV 8136 (DC) ECF Case v. GO OGLE INC., Defendant. DECLARATION OF STEPHANE JASKIEWICZ SUPPORT OF DEFENDANT GOOGLE INC.'S MOTION FOR SUMMARY JUDGMENT A-396 Case 1:05-cv-08136-DC Document 1041 Filed 07/27/12 Page 2 of 3 I, Stephane Jaskiewicz, hereby declare under penalty of perjury: 1. I am an Engineer at Google Inc. I submit this declaration in support of Defendant's Motion for Summary Judgment. I make this declaration based on personal knowledge of the facts and circumstances set forth herein. I. THE GO OGLE BOOKS CORPUS 2. I am familiar with the technical process which scanned books undergo, and am familiar with the databases which hold information about the books in the Google Books corpus. 3. Books are scanned at scan centers. Images of the book pages are stored in a secure manner for processing. Optical character recognition (OCR) is performed on the images to generate machine-readable text, which is also stored on GoogJe file servers. 4. I am generally familiar with the scope of the books which can be searched through Google Books. The Google Books corpus contains virtually every type of book: novels, biographies, children's picture books, reference works, textbooks, instruction manuals, treatises, dictionaries, cookbooks, books of poetry and memoirs. GoogJe Books includes both in print and out of print works, though the significant majority are out of print. 5. Google has a policy of excluding from display works a lightsholder has asked Google not to display and takes steps to render the text of those books unsearchable. Any rightsholder can exclude a book simply by filling out an online form which was been available since 2005. GoogJe maintains a database of books which are to be excluded as a result of requests from rightsholders. II. THE GRIN SYSTEM 6. A library that has submitted a book to be scanned may make and download a copy of the scan of its book using a system called the GoogJe Return Interface (GRIN). 7. I lead the engineering team responsible for maintaining GRIN, and am familiar 2 A-397 Case 1:05-cv-08136-DC Document 1041 Filed 07/27/12 Page 3 of 3 with its operation. The details of GRIN discussed herein have not varied over time. 8. To make this copy. a library first submits a request to the GRIN system, which in turn triggers the creation of an encrypted copy of the book that is placed on a secure GoogJe server. This copy is made from the central copy of the scan data stored by Google, which is used by the processes which support other portions of Google Books, such as indexing and snippet display. Each book is encrypted, and each library has a unique encryption key. The library may then download this encrypted copy of the book it made. 9. Some but not all full-length English-language books not known to be in the public domain have been copied by the libraries using GRIN. Where a library takes no action with respect to a particular book, the GRIN system does not do anything with respect to that book. I declare under penalty of peIjury under the laws of the United States of America that the foregoing is true and correct. 'Executed on this ~ day of July, 2012 at Mountain View, California. 3 A-398 Case 1:05-cv-08136-DC Document 1042 Filed 07/27/12 Page 1 of 2 DURIE TANGRI LLP DARAL YN J. DURIE (Pro Hac Vice) ddurie@durietangri.com JOSEPH C. GRATZ (Pro Hac Vice) jgratz@durietangri.com DAVID McGOWAN (Pro Hac Vice) dmcgowan@durietangri.com GENEVIEVE P. ROSLOFF (Pro Hac Vice) grosloff@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant Google Inc. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE AUTHORS GUILD, INC., Associational Plaintiff, BETTY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all other similarly situated, Plaintiffs, Civil Action No. 05 CV 8136 (DC) ECF Case v. GO OGLE INC., Defendant. DECLARATION OF GLORIANA ST. CLAIR IN SUPPORT OF DEFENDANT GOOGLE INC.'S MOTION FOR SUMMARY JUDGMENT A-399 Case 1:05-cv-08136-DC Document 1042 Filed 07/27/12 Page 2 of 2 I, Gloriana St. Clair, declare as follows: 1. I am the Dean of University Libraries at Carnegie Mellon University in Pittsburgh, Pennsylvania. I am also a director of the Universal Digital Library, whose main project is the Million Book Project. 2. I have been retained by Defendant Google Inc. to provide my opinions regarding the challenges libraries and others face in identifying and finding copyright owners, and regarding the practices of libraries with respect to digitization of books at the time Google began its Google Books project. 3. My expert report, which was submitted in this matter 011 May 4, 2012, is attached hereto as Exhibit A. The facts in that report stated on my personal knowledge are true and correct. The report also states truly and correctly my opinions in this matter, based on the facts of which I have personal knowledge and the additional information reflected in the report. I declare under penalty of petjury under the laws of the United States of All1erica that the foregoing is true and correct. Executed on July 18, 2012 in Pittsburgh, Pemlsylvania. A-400 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 1 of 47 EXHIBIT A A-401 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 2 of 47 TANGRI DURIE T ANGRI LLP DARAL YN J. DURIE (Pro Hac Vice) ddurie@durietangri.com JOSEPH C. GRATZ (Pro Hac Vice) j gratz@durietangri .com gratz@durietangri.com DAVID F. MCGOWAN (Pro Hac Vice) dmcgowan@durietangri.com GENEVIEVE P. ROSLOFF (Pro Hac Vice) grosloff@durietangri .com grosloff@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 415-362-6666 Telephone: Facsimile: 415-236-6300 Attorneys for Defendant Google Inc. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE AUTHORS GUILD, INC., Associational Plaintiff, BETTY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all other similarly situated, Plaintiffs, Civil Action No. 05 CV 8136 (DC) ECFCase v. GOOGLE INC., Defendant. EXPERT REPORT OF GLORIANA ST. CLAIR May 3, 2012 A-402 Case 1:05-cv-08136-DC Document 1042-1 1. Filed 07/27/12 Page 3 of 47 I am the Dean of Libraries at Carnegie Mellon University in Pittsburgh, Pennsylvania, where I oversee all library activities. In addition, I am a director of the Universal Digital Library, otherwise known as the Million Book Project. This project is an ongoing effort to digitize books and make them available over the web. 2. I have worked as a cataloger at the Universities of California and Oklahoma, as Head of Technical Services (including acquisitions) at the San Antonio Public Library, as the Head of Acquisitions for libraries at Texas A&M, as the Director for Technical, Automation, and Administrative Services at Oregon State University, as the Associate Dean for Information and Access Services at Penn State. I became University Librarian at Carnegie Mellon on April 1, 1998 and have been at Carnegie Mellon since that time. 3. I also have served as the editor of College & Research Libraries and the Journal ofAcademic Librarianship. After Elsevier purchased JAL, I was one of the founders of portal: Librarianship. Libraries and the Academy, which is part of Johns Hopkins' University Press Project Muse, a licensed digital resource for libraries. 4. My educational background, publications and additional qualifications are listed in my CV, which is attached as Exhibit A. I am being paid $500 per hour for my work on this case. I have not testified in any matter in the past four years. A list of materials provided by counsel for Google Inc. that I considered in the preparation of this report is attached as Exhibit s; other materials I considered are cited herein. B; I. Summary of Opinions 5. I have been asked to provide my opinions regarding the challenges libraries and others face in identifying and finding copyright owners and regarding the practices of libraries with respect to digitization of books at the time Google began its Google Books project. In brief, my opinions are: a. In thinking about digitization of books, it is critical to distinguish between digitization to facilitate search to find a book and digitization for the purpose of displaying the whole text of a book. In 2004, when Google began digitizing books, library digitization efforts were modest and were A-403 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 4 of 47 focused exclusively on the display of whole texts of works, not just snippets to help users assess relevance or the creation of a full-text index for search purposes only. Such digitization as occurred was limited to certain subsets of, almost exclusively, public domain works. No largescale digitization projects were under way in the U.S. b. c. In 2004 there was no prospect whatsoever that libraries would seek out copyright holders and offer to pay them money to digitize books for search purposes or for snippet view. Historically, libraries have paid for books themselves but have not paid authors and publishers additional money for the right to catalog and index them. Those services benefit both readers and in, my view, authors, whose work may be found and whose ideas may be studied. There is no reason to believe libraries will alter their traditional practice of not paying to index books and very good reason to believe that they will not. There is no market in which libraries pay to index or display snippets nor is such a market likely to come into existence. d. II. The digitization of books helps libraries achieve their missions and serve their communities. Digitization and display of the full text of a book allows readers to read a book without having to travel to a library that has the book or wait for the book to be delivered to a local library (if that is possible) through an inter-library loan. Digitization without full display, such as for search only or for search plus display of a snippet of text, allows readers to find books relevant to their interests and possibly to buy or borrow them. In each case, digitization helps readers locate and use information, which is a core purpose of libraries. It is often difficult, if not impossible, to find the copyright owner for a book a library might want to digitize; even to the limited extent it is possible to find such rights holders, the cost of doing so for any substantial number of books is prohibitive. That cost alone would prevent libraries from obtaining permission to digitize large numbers of books, even if libraries focused on obtaining permission for only search purposes or snippet views, which libraries do not. Google's Book Project 6. The Google Books project began in 2004, when Google began scanning collections at libraries including Michigan, Harvard, Stanford, Oxford, and the New York Public Library.] Library. 1 A library that has provided books to Google may download digital copies of the books it has provided. 2 Google has scanned over 20 million books. 3 Approximately 45,000 publishers 1 I Declaration of Daniel Clancy In Support ofGoogle' Opposition to Plaintiffs' Motion for Class Certification ~2. of Go ogle' 2 2 9,20 II, Deposition ofStephane Jaskiewicz, December 9, 2011, pp. 65-69; Defendant Google Inc.'s Supplemental Narrative Responses and Objections to Plaintiffs' Second Request for Production of Documents and Things, November 2,2011, p. 8. 2, 2011, 3 3 Clancy Declaration ~4. 2 A-404 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 5 of 47 participate in one aspect of Google Books, called the Partner Program. 4 As discussed below, Google's interest in digitizing books stemmed in part from the Million Book Project, of which I am a director. III. Digitization and the Purposes of Libraries 7. The digitization of books allows libraries to achieve their missions and serve their communities to a vastly greater extent than was possible before. Today's library user wants and expects instantaneous gratification and results. S.R. Ranganathan, a noted Indian librarian, promoted five laws for library science. His fourth law stated that libraries should save the time of the reader. Digitization does just that. In addition to saving time it makes every reader a power reader and researcher-through searching full text, new content and new connections are exposed to the reader. Realistically, such searching cannot be duplicated by paging through numerous books. Digitization also benefits the public by extending the life of old, scarce and fragile material with little damage to the original artifact. 8. 95% of funding for Carnegie Mellon libraries comes from our university administration. With their budgets libraries must provide collections to support research and Ilbraries teaching, facilities to serve a growing set of expectations for individual and group work, and services, such as reference, instruction, circulation, and interlibrary loan. Almost half of an academic library's budget is spent on buying journals, books, databases, and a broad variety of buyingjoumals, 5 other formats. s Much of a library's money is committed to maintaining established services; very little is available to fund new efforts. 9. Libraries have always helped students, scholars, and the general public find information. Indexing information has been an important part of that service. Some of the historical methods of indexing are discussed in Part VI. But over the history of indexing, from card catalogs to computerized MARC records, libraries have not paid authors nor sought their 4 4 Id. !d. ~6. 5 O. ARL Statistics 2009-20 I 0. Washington, DC. p. 5. 5 3 A-405 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 6 of 47 permission merely to index or to search through their books. Libraries do not do so now, and there is no reason to think that libraries will do so in the future. As discussed below, when libraries seek permission from publishers or authors, it is for the digital display of an entire book so that readers can read it, not for use in tools that help readers find it. IV. Digitization Efforts Prior to Google Books 10. In 2004, when Google began its Google Books project, there was no realistic chance that libraries were going to embark on such a comprehensive project on their own. Most fundamentally, both public libraries and academic libraries have little discretionary spending. Public libraries are funded in a variety of complex mechanisms by their municipalities through various tax, millage, endowment, gift, and grant systems. With those funds, the public expects long hours of opening and multiple locations, programming for children and adults, and as large a collection as possible. In 2011, 60% of public libraries reported flat or decreased funding. Many cities face battles over branch closings and staff layoffs. Yet, within these branches, citizens are increasing their use of computers to access the Internet by 70%. 6 70%.6 11. For these reasons, scanning projects done by public libraries are almost always boutique offerings focused on areas of great local pride. For example, New York Public Library offers several dozen images of Victorian women, 66 photogravure portraits of artists, and thousands of examples of American popular song sheet covers, circa 1890-1922. 7 Public library scanning involved very discrete projects involving primarily public domain works. Financial challenges to public libraries did not allow them to envision larger projects. 12. Before Google Books, digitization projects not affiliated with academic or local libraries generally were either modest in scope or targeted on specific topics and subsidized. Examples include: 6 6 American Libraries "The 2012 State of America's Libraries: A Report from the American Library Association." Digital Supplement. [Chicago: American Library Association, 2012.] pp. 11-12. 7 7 digitalgallery.nypl.org. 4 A-406 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 7 of 47 • Project Gutenberg, in which passionate volunteers typed in their favorite books, was the first books project with about 17,000 works. • Library of Congress's American Memory project brought nine million works, including many documents about the founding of the U.S., to the web beginning in 1990 with private donations. 8 • Making of America brought 10,000 academic library books and 50,000 articles from 10,000 1850-1877 to the web beginning in 1995. • The Million Book Project, discussed further below, was funded by the National Science Foundation, the government of India, the government of China, and others, began in 2000 and had 1,400,000 books scanned by 2007.9 13. At a very high level, the creation of a global digital library would serve the missions of these libraries to their citizen customers. But in their day-to-day struggle to meet demands for open facilities, providing computer access to those unable to afford their own machines, providing services for children, for advancing literacy and for helping job seekers, and meeting the general information needs of the public, public libraries had neither the funding nor the attention and time to conceive and create a large digital library. 14. In addition to their limited resources, I know from personal experience and observation that before Google began its book project, academic libraries did not have the vision to create a multimillion volume digital library.. library 15. In 2004, most academic libraries did not think in terms of searching for books on the web in the sense that one can search Google Books. Historically when libraries dealt with books that had been reproduced in a different medium, they dealt with rolls of microfilm or sheets of microfiche or microcards. These were kept in storage cabinets. Books reproduced in these other media were typically selected and identified through bibliographies. The reproduction and distribution of the texts did not follow the order of the bibliographies. Various guides had to be consulted to identify the correct microfilm reel. Once identified, the reel had to be correctly loaded into ~ microfilm reader and then threaded throu~h glass plates. Once that 8 8 Many of these works were shorter than books, so in assessing the project, I divided the nine million by 20 to achieve a book parity figure. 9 Gloriana St. Clair, "The Million Book Project in Relation to Google," in William Miller and Rita Pellen (eds) Googlization of Libraries (Binghamton, NY: Haworth Press, 2008), 151-163. 9 5 A-407 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 8 of 47 was successfully done, the reader then had to page through the multiple books or texts on the reel before finding the desired book. Neither the text of printed books nor microform books can be searched as one searches text in Google Books. 16. Indeed, until I began to work with the Universal Digital Library project at Carnegie Mellon, I was too constrained by the prevailing economic circumstances, conventions, history, and current practices of the public and academic libraries where I worked to see the possibility of such a collection myself. When I began at Carnegie Mellon, which emphasizes technology in its research and instruction, my conversion was instant; my efforts to convert other librarians were largely unsuccessful as the following paragraphs demonstrate. 17. Before I arrived at Carnegie Mellon, a member of its faculty, Dr. Raj Reddy, had conceived of a universal digital library that would include all the books, paintings, journals, and other materials in the world and which would be free to read so that students and citizens around the world would be able to benefit from its existence. He had begun to gather a team to help him realize this dream. I was invited to become a director of the project. 18. Working with Elaine Albright, director of the University of Maine library, I obtained funding from the National Science Foundation (NSF) to gather librarians for a discussion of digitization. The NSF includes an Office of Experimental Program to Stimulate Competitive Research (EPSCoR). States invited were Alabama, Arkansas, Idaho, Kentucky, Louisiana, Maine, Mississippi, Montana, Nebraska, Nevada, North Dakota, Oklahoma, Puerto Rico, South Carolina, South Dakota, Vermont, West Virginia, and Wyoming. Oklahoma did not send a representative. Held in Washington, D.C., on May 25-6, 1999, seventeen of the eighteen EPSCoR states sent representatives. The objective of bringing together library representatives from each EPSCoR state to have them interact with technical representatives was accomplished. For example, the librarians were made aware of recent advances in scanning, another objective of the meeting. 19. One objective of the meeting was to create a consensus in favor of the goal of digitizing 1,000,000 books. No such consensus developed. Most librarians questioned the value 6 A-408 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 9 of 47 of having a predominantly digital collection and others questioned their states as sites for the work. In spring and summer of 1999, many librarians dismissed this idea even though it would have brought work to their states and even though the NSF program officer Michael Lesk made clear that NSF believed it could provide $25 million in supplemental funding for such efforts if libraries showed initiative in pursuing them. 20. Subsequently, in September 1999, the Association of Research Libraries, a group of over 100 of the largest libraries in the country, and the Online Computer Library Center (OCLC), a consortium of thousands of libraries of all sizes and types, convened a meeting in Keystone, Colorado. This group ratified a set of principles called the Keystone Principles, which reflected a modest and constrained interest in a more digital future. Participants did not envision the creation of digitized content, however, much less a million or twenty million volume digital library. 21. While I was Associate Dean of Libraries at Penn State I was part of the Digital Library Federation (DLF), and was a member of its Planning Committee from 1995 to 1997. When I moved to Carnegie Mellon I made its libraries part of the DLF as well. Under an evolving set of names, the DLF flourished with a governing policy board from 1994 to 2009. On average, I attended two meetings a year as a part of the governing board. 22. DLF members all worked towards a digital future. Indeed, six DLF members were original participants in the Google Books project. But the point of the DLF was to allow partners to work together to solve problems in the creation of digital libraries. Even in this relatively forward-thinking group I never heard a formal discussion of a project of the size and scope of Google Books. 23. Having been soundly rebuffed by u.S. librarians, Dr. Reddy, and the other U.S. directors of the Universal Digital Library, began to work with international colleagues to realize his universal library. Between 2001 and 2003, Dr. Reddy and I were the principal investigators on two funded proposals to scan a million books with partner universities in India and another million books with partner universities in China. This work was subsidized by an NSF grant and 7 A-409 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 10 of 47 funding from India and China. Scanning for this project has been paid for and accomplished in these and other countries. Funding was limited, however, as discussed below, and the funding we were able to obtain would not have achieved what Google has achieved with Google Books. 24. The greatest achievement of the Million Book Project was that it helped inspire Google Books. In its "frequently asked questions" pages, Google acknowledges that four projects inspired its work-The Library of Congress's American Memory Project, Project Gutenburg, the Million Book Project, and the Universal Library (the parent umbrella for the Million Book Project). With its own initiative, Google has made significant progress toward realizing the vision that the NSF had funded with its grants for the Million Book Project work. At successive partners meetings beginning in 2007, the Universal Digital Library directors tried to convince the international partners to contribute their content to Google Books. 10 Universal Books, 10 Digital Library directors think that Google Books offers the highest visibility, and greatest use, for the Million Book Project books and also the best alternative for sustainability and preservation. v. V. The Infeasibility of Clearing Rights For the Books Google Has Scanned 25. Though the benefits of digitization are high, rights clearance poses obstacles to furthering the public good through digitization. In pursuit of the digital future, Carnegie Mellon University Libraries decided to experiment with rights clearance to see if it would be a barrier to digitallibrary. 11 the creation of a functional digital library ,II Given our mission, we sought clearance to digitize and make available the whole text of books. We did not seek permission merely to scan books to create a comprehensive index or to display only snippets of text, as Google does for some books. 10 10 The Directors of the Universal Digital Libr~ry are Dr. Raj Reddy, Dr. Michael Sham os, Dr. Jaime Carbonell, and Shamos, Dr. Gloriana St. Clair. Reddy and St. Clair are the Principal Investigators on the National Science Foundation grants that provided $3.6M funding for the project. 11 Our efforts are recorded in Acquiring Copyright Permission to Digitize and Provide Open Access to Books by Denise Troll Covey. This work was published by the Digital Library Federation a part of the Council on Library and Information Resources in October 2005. II 8 A-410 Case 1:05-cv-08136-DC Document 1042-1 26. Filed 07/27/12 Page 11 of 47 Because I believe very deeply in the public benefits of library digitization, I have subsidized Carnegie Mellon's digitization efforts and these studies by devoting part of Carnegie Mellon's budget to them. I elaborate on this point after describing the studies. A. Carnegie Mellon's Feasibility Study 27. Our first project, called here the Feasibility Study, began in 1999. We drew a random sample of books from our online catalog after consulting with a statistician to ensure that the sample would yield statistically valid conclusions. This sample contained 368 titles. 351 of the 368 titles in this study (95%) appeared to be copyright protected. 12 We began to eliminate 12 other categories of materials as follows: • 10% were dropped because they were technical reports or theses that had been coded in a 10% MARC field wrongly as books. • 3% were eliminated because they appeared to have multiple rights holders, such as editors and authors of expression, maps, or other images. We knew that clearing copyright on these would be quite difficult and chose to drop them immediately. • 8% more were rejected as the study proceeded when publishers introduced "complications from third party ownership." 13 The resulting set held 277 titles from 209 publishers. 13 28. In addition to the 11% of books eliminated from the study because their copyright 11 % situations were complex, the Feasibility Study showed that finding contact information for publishers is difficult and sometimes impossible. After using Global Books in Print, Literary 7% Market Place, and Internet search engines, we still could not find even an address for 70/0 of the over 200 publishers in our sample. Many letters were returned by the U.S. Postal Service as "Address unknown." Ultimately 21% of publishers, accounting for 19% of the titles in our 14 sample, could not be found. 14 29. For publishers we could find, we sent a letter asking for non-exclusive permission to scan a book and make its text available on the web. Often we did not hear back from the 12 12 Id. ld. at 12. 131d. 13 /d. 14 141d. at 13. /d. 9 A-411 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 12 of 47 publisher, in which case we sent a follow-up letter designed to adduce responses. In total, 278 initial request letters and 246 follow up letters were sent. Response time averaged I 0 I days for 101 15 permission granted letters and 124 days for permission denied letters. 15 I24 30. After these efforts, only half of the publishers we could find responded to our request. Of those that responded, more than a fourth of them granted permission to scan their books and make them available on the web. 16 B. Carnegie Mellon's Posner Collection Study 31. Many library digitization projects have focused on specialized collections and we also performed a study of such a project. The Posner Fine Arts Foundation has a collection of rare books collected by Henry Posner, Sr., on deposit with Carnegie Mellon University Libraries. The Posner family wishes this collection to be used for educational purposes. In 2001, Henry 200 I, Posner, Jr., and his wife Helen funded a digitization and copyright clearance project for the collection. The Posner Collection differs from the random sample of books that were the subject of the Feasibility Study: the Collection includes works focused on the history of science and specially produced books on decorat~ve arts, in which the physical beauty of the book (which cannot be reproduced by scanning) adds significant value to its content. 32. After this collection was digitized we did open for public reading on the web all the titles that were either out of copyright or whose rights had been cleared. Biologists navigating the Amazon, Jehovah's Witnesses writing a story about Robert Hooke, and Cambridge University celebrating its mathematical prowess, among others, have used this collection. Compared with the few students who come in person or in classes to see the originals, 17 the digital surrogates were used well over a million times annually for the last five years. 17 15/d. 15/d. In addition, 68% ~fpublish~rs granting permission did so only subject to qualifications that would be difficult for ~fpublishers a project to accommodate. These included not granting permission for any expression within a book in which the book's author did not control the rights, limiting the time for access or for scanning, prohibiting simultaneous use, or (6%) demanding a fee, which ranged from $50 to $300. Jd. at 15. These demands pertained to full-text display of /d. books, not to search or to display a snippet. 16 16 17 17Briefing Book. Pittsburgh: Carnegie Mellon University Libraries, 2010. p. 8.3. IO 10 A-412 Case 1:05-cv-08136-DC Document 1042-1 33. Filed 07/27/12 Page 13 of 47 For the Posner Collection, we were unable to locate almost one-third of the relevant publishers, accounting for 13% of the books. Almost two-thirds of the publishers contacted responded, and almost half of these granted permission. Almost twice as many 18 publishers granted permission as denied it. 18 c. C. The Million Books Project Study 34. A third study was done in connection with the Million Books Project. The Project organizers quickly agreed that it would be time-consuming and expensive to identify and seek permission from copyright holders, with no guarantee that those efforts would be successful. Consequently, most of the books targeted by this project are in the public domain. Of the 111 o•h original target of one million books, only 1I10th were to be in-copyright works. To select these works the Project began with a bibliography entitled Books for College Libraries (BCL), a Books/or 19 bibliographic work compiled by librarians. 19 About 5,600 different publishers published the books in the BCL bibliography. We eventually sought to close negotiations with only 364 of these 5,600 publishers. We did not attempt to find and negotiate with authors to whom rights had reverted. 35. The Project initially contacted 32 commercial publishers. Only seven of these responded; two granted permission, two explained that rights had reverted to authors when books went out of print, and three denied permission. In light of the data generated by the Feasibility Study, the Project then abandoned efforts to contact the remaining commercial publishers and 20 instead focused on scholarly societies and university presses. 20 36. The unreliability of responses we received from publishers in these studies compounded the frustration of rights clearance. For example, Indiana University Press initially granted permission and eight months later denied it because a new director had been hired. Johns Hopkins University Press granted permission and sent a list of titles we were authorized to 18 18 Acquiring Copyright Permission, supra note I, at 26. 19 19 American Library Association. Books for College Libraries. Chicago: ALA, 1988. 20 20 Acquiring Copyright Permission, supra note I, at 39. 11 A-413 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 14 of 47 scan and display. Some time later, the head of the press wrote that rights actually had reverted to the authors. Similarly, Kent State University Press planned to participate but later said that permissions had reverted to the authors. One commercial publisher, Bowker, wrote that it would be happy to grant permission but it thought it did not hold the rights in a book it had published. Bowker explained that it had been owned by a number of parent companies and suggested the rights might be owned by one of them or might have reverted. Following Bowker's suggestion, we contacted one of the previous parent companies but found that it, too, did not own the rights. 37. Carnegie Mellon's results were not singular. In a response by Cornell University Library to the Notice of Inquiry concerning Orphan Works, Sarah Thomas, Carl A. Kroch University Librarian, reports spending over $50,000 in staff time trying to clear 343 copyrights. 21 Permission was obtained for 98 titles and denied for 47 titles; for the remaining 198 titles no 47 rights holder responded. Thomas noted: "Perhaps the saddest group of letters was from 38 authors who wanted their works made available as part of the project, but whose publishers (the current owners of the copyright) never responded to our inquiries." Responding to the same Notice of Inquiry, Sidney Verba, Carl. H. Pforzheimer University Professor & Director of the & Harvard University Library, wrote: "The expense of this sort of searching, with the tools now available, is an expense that in most cases simply cannot be borne in any significant scale. The result is that many books, whose free access through digitization projects would greatly promote the dissemination and creation of knowledge, while not damaging the interest of any copyright 22 ,,22 owner, are kept out of digital collections serving the public good. A truly lose-lose situation. " 38. On balance, therefore, rights clearance poses significant obstacles to furthering the public good through digitization. Relying on the random sample study as the most statistically reliable, in the aggregate, copyright clearance research indicates that for approximately one-third of books, rights clearance either cannot occur at all or will not be 21 21 Comment of the Cornell University Library, In re Orphan Works, No. 569 (Mar. 23, 2005), available at aJ htto://www.cogyright.gov/omhan/comments/OW0569-Thomas. pdf. http://www.copyright.gov/orohan/comments/OW0569-Thomas.pdf. 22 22 Comment of Harvard University Library, In re Orphan Works, No. 639 (Mar. 25, 2005), available at httt>://www.cogyright.gov/omhan/comments/OW0639-Verba.gdf. http://www.copyright.gov/omhanlcomments/OW0639-Verba.pdf. 12 A-414 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 15 of 47 attempted because the conditions, particularly the presence of multiple rightsholders, are too unfavorable to justify the effort. That fact alone would deprive the public of the benefit of being able to find with the click of a mouse books that might enrich their lives and benefit their scholarship. VI. Google Books Is A New And Very Valuable Research Tool 39. Books themselves are wonderful things. Many, many lovers have written passionately about the look, feel, smell, and sound of interacting with a paper book. But the greatest joy of books is their content. Human ability to record ideas in books and their earlier counterparts-clay tablets, stone carvings, papyrus, and vellum-has allowed civilization to advance at a faster and faster pace. At one time in the middle ages, an educated person could have read all the extant books. Today, perhaps 100 million books exist, but as Nobel winner Herbert Simon wisely observed, human attention has not kept pace. 23 40. From the late 19th century through the first half of the 20th century, libraries used small index cards stored in file drawers. Card catalogs were expensive to create, difficult to maintain, and an arduous-to-use gateway to library collections. These cards recorded some information about a book-its title, author, publication date and publisher, and three or four general subject headings. For example, Kenneth Crews' book Copyright, Fair Use, and the Challenge for Universities: Promoting the Progress of Higher Education would have had four cards: one under Crews, Kenneth D.; one under the title of the book (filing under the word "copyright"); one under the subject "Photocopying processes-Fair use (Copyright)-U.S."; and one under "Universities and colleges-United States." The only word of the title that counted was the first one. Thus, One Flew over the Cuckoo's Nest would have only appeared under the Os and The Lord of the Rings under the Ls (initial articles in all languages are skipped in filing). 23 Herbert A. Simon, "Cooperation between Educational Technology and Learning Theory to Advance Higher Education, in Technology Enhanced Learning: Opportunities/or Changed, edited by Paul S. Goodman. Mahwah, Opportunities for N.J.: Lawrence Erlbaum Associates, 2002. Pp. 61-74. N. J.: Pp.61-74. 23 13 A-415 Case 1:05-cv-08136-DC Document 1042-1 41. Filed 07/27/12 Page 16 of 47 In the last half of the 20th century, libraries began to use computers to help scholars find their way through multimillion volume collections. In the early 1960s, local libraries purchased computers to replace the card catalog. The Online Computer Library Center (OCLC) was created; OCLC allowed libraries to know who had which books and to share the costs of cataloging those books. Readers could now access words inside the title and subject heading, could search by publisher, city of publication, date, and many other parts of the descriptive record, now called a MARC record. 42. Throughout this process, however, book content remained closed. Books could be located through OCLC's Webcat using traditional cataloging records (now called metadata). Typical access points are the names of authors, editors, illustrators, etc.; the title; the publisher; and about four subject fields. Finding any idea not captured by these fields required locating the physical book and thumbing through it or re-reading it. This process was time consuming and often failed. 43. Historically, this process was also local. The knowledge one was able to find depended on what library one could gain admission to. When I was the head of the Acquisitions Department at Texas A&M University in 1980s, the libraries employed a university car and driver weekly to transport faculty and students over to the University of Texas in Austin so that they could use the larger and differently-focused library there. In my service on A&M's small research grant committee, we often funded trips to Europe so that scholars could use collections located there. Today at Carnegie Mellon, a student doing a dissertation on the rhetoric of the debate around Darwin's theory of evolution sits comfortably in his office reading the relevant texts on his or her computer. Not only does this student not have to travel or use the hated microforms to read books for which full display is available, but even for other books the student can work much more quickly and precisely because he can search inside the books themselves. 44. Google Books provides an immense public benefit by helping scholars and imn1ense citizens find books that are responsive to their needs and interests. Google Books has transformed the way citizens and scholars worldwide can find books. Rather than paging 14 A-416 Case 1:05-cv-08136-DC Document 1042-1 Filed 07/27/12 Page 17 of 47 through row upon row of books, thumbing through index cards, spooling reels of microfilm, or searching only keywords created by others, today's readers can search the actual text of over 20 million books to find those that best suit their needs. Time they need ·not spend looking js time 'not they may spend learning or simply enjoying books they otherwise might never have known existed. That is a Jarge part of what libraries themselves are for. The resulting benetlt to the resu1ting benet1t large public is, in my view, enonnous, and it does not come at the expense of authors, whose books enormous~ and ideas are far ea.~jer to find than they otherwise would be. Helping readers find books is a ea.~ier an.d service to both readers and authors. Dated: May 3, 2012 _(~~M~'~ MlcCV:U (S!I~Oriana~C\air ..., '. 15 A-417 Case 1:05-cv-08136-DC Document 1043 Filed 07/27/12 Page 1 of 12 DURIE TANGRI LLP DARALYN J. DURIE (Pro Hac Vice) ddurie@durietangri.com JOSEPH C. GRATZ (Pro Hac Vice) jgratz@durietangri.com DAVID McGOWAN (Pro Hac Vice) dmcgowan@durietangri.com GENEVIEVE P. ROSLOFF (Pro Hac Vice) grosloff@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant Google Inc. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE AUTHORS GUILD, INC., Associational Plaintiff, BETTY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all other similarly situated, Plaintiffs, Civil Action No. 05 CV 8136 (DC) ECF Case v. GOOGLE INC., Defendant. LOCAL RULE 56.1 STATEMENT OF UNCONTESTED FACTS IN SUPPORT OF DEFENDANT GOOGLE INC.’S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION A-418 Case 1:05-cv-08136-DC Document 1043 Filed 07/27/12 Page 2 of 12 Pursuant to Local Rule 56.1, Defendant Google Inc. (“Defendant”) respectfully submits this statement of uncontested facts in support of its motion for summary judgment or in the alternative for summary adjudication. 1. Research libraries house millions of books. Decl. Dan Clancy Supp. Def. Google Inc.’s Mot. Summ. J. (“Clancy Decl.”) ¶ 3. 2. Most books included in the Google Books Library Project are academic works. Clancy Decl. ¶ 3. 3. Most books included in the Google Books Library Project are non-fiction. Brian Lavoie and Lorcan Dempsey, Beyond 1923: Characteristics of Potentially In-copyright Print Books in Library Collections, 15 D-Lib 11/12 (2009), available at http://www.dlib.org/ dlib/november09/lavoie/11lavoie.html. 4. Most books included in the Google Books Library Project are out of print. Clancy Decl. ¶ 3; Decl. Stephane Jaskiewicz Supp. Def. Google Inc.’s Mot. Summ. J. (“Jaskiewicz Decl.”) ¶ 4. 5. All of works in the Google Books corpus were published. Decl. Joseph C. Gratz Supp. Def. Google Inc.’s Mot. Summ. J. (“Gratz Decl.”) Ex. 3, Plas.’ Resp. Obj. Def. Google Inc.’s 1st Set Interrogs. No. 1 at B(1). 6. The Google Books corpus contains novels, biographies, children’s books, reference works, textbooks, instruction manuals, treatises, dictionaries, cookbooks, books of poetry, and memoirs, among other works. Jaskiewicz Decl. ¶ 4. 7. Beginning in the late nineteenth century, libraries indexed books using index cards, which recorded some bibliographical information and classified the book under a handful of subject headings chosen by librarians. Decl. Gloriana St. Clair Supp. Def. Google Inc.’s Mot. 2 A-419 Case 1:05-cv-08136-DC Document 1043 Filed 07/27/12 Page 3 of 12 Summ. J. (“St. Clair Decl.”) Ex. A ¶ 40. 8. In the second half of the twentieth century, the gradual digitization of card catalogues allowed library users to perform electronic searches for the names of authors and to search within a book’s title as well as a few subject fields per book. St. Clair Decl. Ex. A ¶ 41. 9. Electronic card catalogue searches do not allow a user to search for information not tied to the author, title, or one of the specific subject fields. Gratz Decl. Ex. 1, Courant Dep. Tr. 96:16-97:2. 10. Google Books allows a user to search the full text of the Google Books corpus using a query of the user’s own design. Clancy Decl. ¶ 7. 11. A search for “Archimedes” using Google Books locates many thousands of books in less than one second. Clancy Decl. ¶ 7. 12. A search for Archimedes using Google Books returns the most relevant books in the Google Books corpus that contain any reference to Archimedes. Clancy Decl. ¶ 7. 13. The ability to search electronically the full text of books can be achieved only by digitizing the full texts of those books. Gratz Decl. Ex. 1, Courant Dep. Tr. 96:16-97:2; Gratz Decl. Ex. 2, Aiken Dep. Tr. 104:7-105:2. 14. In 2004 Google began scanning books in the collections of several significant research libraries, including the University of Michigan and the University of California. Clancy Decl. ¶ 5. 15. A book is scanned at one of a small number of scan centers. Clancy Decl. ¶ 6. 16. Physical access to the scan centers is limited to Google employees and contractors. Clancy Decl. ¶ 6. 17. Images of the book pages are stored in a secure manner for processing. 3 A-420 Case 1:05-cv-08136-DC Document 1043 Filed 07/27/12 Page 4 of 12 Jaskiewicz Decl. ¶ 3. 18. Optical character recognition (OCR) is performed on the images to generate machine-readable text, which is also stored on Google servers. Jaskiewicz Decl. ¶ 3. 19. The Google servers on which books are stored are not publicly accessible. Decl. Brad Hasegawa Supp. Def. Google Inc.’s Mot. Summ. J. (“Hasegawa Decl.”) ¶ 3. 20. The Google servers on which books are stored are protected by the same security Google employs to protect its own confidential information. Hasegawa Decl. ¶ 3. 21. Google is aware of no security breaches resulting in unauthorized access to books. Hasegawa Decl. ¶ 7. 22. Google analyzes each scan and creates an overall index of all the books that have been scanned. Clancy Decl. ¶ 6. 23. The Google Books index links each word or phrase appearing in each book with all of the locations in all of the books in which that word or phrase is found. Clancy Decl. ¶ 6. 24. The Google Books index allows a search for a particular word or phrase to return a result that includes the most relevant books in which that word or phrase is found. Clancy Decl. ¶ 6. 25. When a user performs a search, Google Books uses the index to generate search results for a user’s query. Clancy Decl. ¶ 8. 26. The search results return a list of books in which that user’s search term appears. Clancy Decl. ¶ 8. 27. A user can click on a particular result to be directed to an “About the Book” page. Clancy Decl. ¶ 9. 28. The “About the Book” page allows the user to obtain more information about the 4 A-421 Case 1:05-cv-08136-DC Document 1043 Filed 07/27/12 Page 5 of 12 book in question. Clancy Decl. ¶ 9. 29. The About the Book page includes links to sellers of the book. Clancy Decl. ¶ 9. 30. The About the Book page includes links to libraries listing the book as part of their collections. Clancy Decl. ¶ 9. 31. No advertisements have ever appeared on any About the Book page for any book that is part of the Library Project. Clancy Decl. ¶ 9. 32. In some uses of Google Books, users can also see a small amount of text from the book (a “snippet”). Clancy Decl. ¶ 10. 33. Google employs security measures to ensure that users cannot recover the entire text of a snippet view book. Hasegawa Decl. ¶ 4. 34. Google employs security measures to ensure that users cannot recover one complete page of a snippet view book. Hasegawa Decl. ¶ 4. 35. A user cannot cause the system to return different sets of snippets for the same search query. Hasegawa Decl. ¶ 4. 36. Google Books does not allow the searcher to copy the text of snippets. Hasegawa Decl. ¶ 4. 37. The position of each snippet is fixed within the page, and does not represent a “sliding window” around the search term. Hasegawa Decl. ¶ 4. 38. Only the first responsive snippet available on any given page will be returned in response to a query. Hasegawa Decl. ¶ 4. 39. One of the snippets on each page is blacklisted (meaning that it will not be shown). Hasegawa Decl. ¶ 4. 5 A-422 Case 1:05-cv-08136-DC Document 1043 Filed 07/27/12 Page 6 of 12 40. At least one out of ten entire pages in each book is blacklisted. Hasegawa Decl. ¶ 41. Even if an “attacker” had a physical copy of the book in question in front of him, 4. and used that physical copy to identify words appearing in successive passages to use as the basis for the attack, the most complete patchwork of snippets he could end up with would still be missing at least one snippet from every page and 10% of all pages. Hasegawa Decl. ¶ 5. 42. Not all books are placed in “snippet view.” Clancy Decl. ¶ 11. 43. Works whose text is organized in short “chunks” such as dictionaries, cookbooks, and books of haiku are excluded from snippet view. Clancy Decl. ¶ 11. 44. The determination whether to place a work in snippet view is made by human operators who examine each book to ascertain whether it is organized in short chunks. Clancy Decl. ¶ 11. 45. No book is designated for “snippet view” without a manual review. Clancy Decl. 46. Google has a policy of excluding works a rightsholder has asked Google not to ¶ 11. display. Clancy Decl. ¶ 11. 47. Any rightsholder can ask to exclude a book by filling out an online form which has been available since 2005. Clancy Decl. ¶ 11. 48. For excluded works, users may view bibliographic information about the book but not text from the book itself. Clancy Decl. ¶ 12. 49. Rightsholders may request that Google display text through the Partner Program. Clancy Decl. ¶ 13. 50. The rightsholder can choose what percentage of the text of the book to display as 6 A-423 Case 1:05-cv-08136-DC Document 1043 Filed 07/27/12 Page 7 of 12 part of the Partner Program. Clancy Decl. ¶ 13. 51. Most rightsholders in the Partner Program choose to display at least 20% of the text of their books. Clancy Decl. ¶ 13. 52. Over 45,000 publishers have included works within the Partner Program, including HarperCollins, Penguin, Simon & Schuster, and Macmillan. Clancy Decl. ¶ 14. 53. Google Books advances scholarly research. Gratz Decl. Ex. 5, Samuelson letter to Judge Chin at 1; St. Clair Decl. Ex. A ¶ 43. 54. A search on Google Books for “Steve Hovley” returns dozens of books that discuss that major leaguer, including Ball Four and a book about the 1969 Seattle Pilots (for whom Hovley played). Decl. Kurt Groetsch Supp. Def. Google Inc.’s Mot. Summ. J. (“Groetsch Decl.”) ¶ 12. 55. A search in of the catalogue of the Library of Congress produces no results for Steve Hovley. Groetsch Decl. ¶ 11. 56. A researcher searching the catalog of the Library of Congress for information about attorney Minoru Yasui will find only one book containing information about Mr. Yasui. Groetsch Decl. ¶ 13. 57. A search of Google Books for attorney Minoru Yasui will identify dozens of books available in bookstores and libraries with information about Mr. Yasui, from a reproduction of the Supreme Court filings in Yasui v. United States to an oral history of Japanese settlers in Oregon containing a whole chapter in which Mr. Yasui recounts his story. Groetsch Decl. ¶ 14. 58. Text from the books in the Google Books corpus was used as an input to the “n- grams” research project. Clancy Decl. ¶ 15. 7 A-424 Case 1:05-cv-08136-DC Document 1043 59. Filed 07/27/12 Page 8 of 12 The n-grams project provides a tool for users to determine how frequently different terms or phrases appear in books published at different times. Clancy Decl. ¶ 15. 60. The n-grams project has resulted in the publication of a paper in the journal Science. Jean-Baptiste Michel et al., Quantitative Analysis of Culture Using Millions of Digitized Books, 331 SCIENCE 176 (2011), available at http://www.sciencemag.org/ content/early/2010/12/15/science.1199644. 61. Google entered into agreements with participating libraries pursuant to which the libraries’ books would be scanned, after which the physical copies of the books would be returned to the libraries. Clancy Decl. ¶ 5. 62. The libraries promise contractually to abide by the copyright laws with respect to their copies. Clancy Decl. ¶ 5. 63. Pursuant to its agreement with Google, a library that has submitted a book to be scanned may make and download a copy of the scan of its book using a system called the Google Return Interface (GRIN). Jaskiewicz Decl. ¶ 6. 64. No library may use GRIN to make a digital copy created from another library’s book. Jaskiewicz Decl. ¶ 8. 65. To make a copy, a library first submits a request to the GRIN system. Jaskiewicz Decl. ¶ 8. 66. The library’s request to the GRIN system triggers the creation of an encrypted copy of the book that is placed on a secure Google server. Jaskiewicz Decl. ¶ 8. 67. Each book is encrypted, and each library has a unique encryption key. Jaskiewicz Decl. ¶ 8. 68. The library may download the encrypted copy of the book it made. Jaskiewicz 8 A-425 Case 1:05-cv-08136-DC Document 1043 Filed 07/27/12 Page 9 of 12 Decl. ¶ 8. 69. Some but not all of the books in the class have been copied by the libraries using GRIN. Jaskiewicz Decl. ¶ 9. 70. Where a library takes no action with respect to a particular book, the GRIN system does not do anything with respect to that book. Jaskiewicz Decl. ¶ 9. 71. No library has loaned out any digital copy it made using GRIN. Gratz Decl. Ex. 1, Courant Dep. Tr. 46:3-20. 72. Libraries have used the downloaded copies to make their own full-text indices of the works in their collections. Gratz Decl. Ex. 1, Courant Dep. Tr. 105:2-12. 73. Libraries have used the downloaded copies to make the digital copies available to the blind. Gratz Decl. Ex. 1, Courant Dep. Tr. 43:2-15. 74. Libraries have used the downloaded copies to archive digital copies for the purpose of preservation. HathiTrust Mot. Summ. J. at 3; see also Gratz Decl. Ex. 1, Courant Dep. Tr. 85:12-86:11. 75. The participating libraries have taken security precautions to protect their copies of works included in the Google Books corpus. Gratz Decl. Ex. 1, Courant Dep. Tr. 106:23107:8. 76. There is no evidence that any security breach has occurred with respect to any of the library copies of works included in the Google Books corpus. Gratz Decl. Ex. 1, Courant Dep. Tr. 107:5-8. 77. No library has reduced its purchasing of books as a result of downloading of scans using GRIN. Gratz Decl. Ex. 1, Courant Dep. Tr. 108:15-19. 78. Libraries historically have not paid authors or publishers for the right to scan 9 A-426 Case 1:05-cv-08136-DC Document 1043 Filed 07/27/12 Page 10 of 12 books in order to index them. Gratz Decl. Ex. 1, Courant Dep. Tr. 112:6-9; St. Clair Decl. Ex. A ¶¶ 5(c), 9. 79. Libraries historically have not paid authors or publishers for the right to scan books in order to search them. Gratz Decl. Ex. 1, Courant Dep. Tr. 112:6-9; St. Clair Decl. Ex. A ¶¶ 5(c), 9. 80. One traditional way to promote book sales is to provide readers with the ability to browse books. Decl. Bruce S. Harris Supp. Def. Google Inc.’s Mot. Summ. J. (“Harris Decl.”) Ex. A ¶¶ 10-14. 81. Books in bookstores are typically displayed on shelves or tables where they can be browsed. Gratz Decl. Ex. 2, Aiken Dep. Tr. 146:10-147:19; Harris Decl. Ex. A ¶ 15. 82. Browsing can occur through websites such as Amazon.com, where publishers and authors can agree to allow users to “Search Inside the Book.” Harris Decl. Ex. A ¶ 17; Decl. Albert N. Greco Supp. Def. Google Inc.’s Mot. Summ. J. (“Greco Decl.”) Ex. A ¶ 15; Gratz Decl. Ex. 2, Aiken Dep. Tr. 147:20-23. 83. Some but not all of the books at issue in this case can be browsed on Amazon’s site using “Search Inside the Book.” Decl. Judith A. Chevalier Supp. Def. Google Inc.’s Mot. Summ. J. (“Chevalier Decl.”) Ex. A ¶¶ 40-42; Gratz Decl. Ex. 2, Aiken Dep. Tr. 183:20-184:20. 84. Search Inside the Book displays excerpts that are larger than the Google Books snippets. Chevalier Decl. Ex. A ¶ 47; Gratz Decl. Ex. 2, Aiken Dep. Tr. 183:20-184:20. 85. Rightsholders give permission for online browsing using “Search Inside the Book” without compensation to authors. Chevalier Decl. Ex. A ¶ 41; Gratz Decl. Ex. 2, Aiken Dep. Tr. 183:20-184:20. 86. The Authors Guild believes that online browsing has a net positive effect on book 10 A-427 Case 1:05-cv-08136-DC Document 1043 Filed 07/27/12 Page 11 of 12 sales. Gratz Decl. Ex. 2, Aiken Dep. Tr. 186:14-17. 87. The Authors Guild has recommended to its members that they make the entire first chapter of a book freely available on the Internet. Gratz Decl. Ex. 2, Aiken Dep. Tr. 176:18, 13-24. 88. The “Back in Print” program allows authors to digitize their out-of-print books and make them available for sale through a company called iUniverse. Gratz Decl. Ex. 2, Aiken Dep. Tr. 172:25-175:25. 89. William Morris is the largest literary agency in the world. Gratz Decl. Ex. 6, Zohn Dep. Tr. 12:24-13:9. 90. William Morris believes that inclusion in Google Books “is a fair use and not detrimental to the copyright owner in any way.” Gratz Decl. Ex. 7, Zohn Dep. Ex. 2 at 1. 91. Google Books has not displaced the sale of even a single book. Chevalier Decl. Ex. A ¶ 47. 92. A survey of authors has shown that the majority of authors approve of their inclusion in Google Books. Decl. Hal Poret Supp. Google Inc.’s Opp’n Plas.’ Mot. Class Certification Ex. 1 at 14, ECF No. 1001-1. 11 A-428 Case 1:05-cv-08136-DC Document 1043 93. Filed 07/27/12 Page 12 of 12 A survey of authors has shown that the majority of authors do not perceive any harm from their inclusion in Google Books. Decl. Hal Poret Supp. Google Inc.’s Opp’n Plas.’ Mot. Class Certification Ex. 1 at 14, ECF No. 1001-1. Dated: July 27, 2012 Respectfully submitted, By: /s/ Joseph C. Gratz DARALYN J. DURIE (Pro Hac Vice) ddurie@durietangri.com JOSEPH C. GRATZ (Pro Hac Vice) jgratz@durietangri.com DAVID McGOWAN (Pro Hac Vice) dmcgowan@durietangri.com GENEVIEVE P. ROSLOFF (Pro Hac Vice) grosloff@durietangri.com DURIE TANGRI LLP 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant Google Inc. 12 A-429 Case 1:05-cv-08136-DC Document 1053 Filed 08/03/12 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------- x The Authors Guild, Inc., Associational Plaintiff, Betty Miles, Joseph Goulden, and Jim Bouton, individually and on behalf of all others similarly situated, : : : : : Plaintiffs, : : v. : : Google Inc., : : Defendant. : : : ------------------------------------- x Case No. 05 CV 8136-DC FILED UNDER SEAL ECF CASE DECLARATION OF JOANNE ZACK IN SUPPORT OF PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT (PUBLIC REDACTED VERSION) I, Joanne Zack, declare pursuant to 28 U.S.C. § 1746 as follows: 1. I am a partner in Boni & Zack, LLC, counsel for plaintiffs in this litigation and a member of the bar of this Court. I submit this declaration in support of plaintiffs’ motion for partial summary judgment. 2. Attached hereto as Exhibit 1 is a true and correct copy of U.S. Copyright Office Certificate of Registration No. A173097 (for JIM BOUTON, BALL FOUR). 3. Attached hereto as Exhibit 2 is a true and correct copy of U.S. Copyright Office Certificate of Registration No. TX0000338841 (for BETTY MILES, THE TROUBLE WITH THIRTEEN). 4. Attached hereto as Exhibit 3 is a true and correct copy of U.S. Copyright Office Certificate of Registration No. A346254 (for JOSEPH GOULDEN, THE SUPERLAWYERS: THE SMALL AND POWERFUL WORLD OF THE GREAT WASHINGTON LAW FIRMS). A-430 Case 1:05-cv-08136-DC Document 1053 5. Filed 08/03/12 Page 2 of 6 Attached hereto as Exhibit 4 are true and correct copies of print-outs from Google's website displaying search results in JIM BOUTON, BALL FOUR. 6. Attached hereto as Exhibit 5 are true and correct copies of print-outs from Google's website displaying search results for the term "pitch" in JIM BOUTON, BALL FOUR. 7. Attached hereto as Exhibit 6 are true and correct copies of print-outs from Google's website displaying search results for the term "pitches" in JIM BOUTON, BALL FOUR. 8. Attached hereto as Exhibit 7 are true and correct copies of print-outs from Google's website displaying search results in BETTY MILES, THE TROUBLE WITH THIRTEEN. 9. Attached hereto as Exhibit 8 are true and correct copies of print-outs from Google's website displaying search results in JOSEPH GOULDEN, THE SUPERLAWYERS: THE SMALL AND POWERFUL WORLD OF THE GREAT WASHINGTON LAW FIRMS. 10. Attached hereto as Exhibit 9 are excerpts from a spreadsheet produced by Google identifying approximately 2.7 million scanned books Google has distributed to libraries. Because the spreadsheet is voluminous, the entire document has not been attached. 11. Attached hereto as Exhibit 10 is a true and correct copy of a print-out from http://www.authorsguild.orglaboutlhistory.html. 12. Attached hereto as Exhibit 11 is a true and correct copy of a print-out from http://investor.google.com/corporate/faq.html. 13. Attached hereto as Exhibit 12 is a true and correct copy of "Google Checks Out Library Books," dated December 14, 2004, as printed from Google's website. 14. Attached hereto as Exhibit 13 is a true and correct copy of pages 1, 2, 15, and 56 from Google Inc.'s 2011 Fonn 10-K, as printed from Google's website. 15. Attached hereto as Exhibit 14 is a true and correct copy of pages 1, 3, and 50 from 2 A-431 Case 1:05-cv-08136-DC Document 1053 Filed 08/03/12 Page 3 of 6 Google Inc.'s 2010 Form 10-K, as printed from Google's website. 16. Attached hereto as Exhibit 15 is a true and correct copy of a document titled "Google Print Partner Development: Global Sales Conference," bates labeled GOOGOOOI0I101GOOG000101116. 17. Attached hereto as Exhibit 16 is a true and correct copy of the transcript of the deposition of Daniel Clancy in this case. 18. Attached hereto as Exhibit 17 is a true and correct copy of the Google Book Partner Program Standard Terms and Conditions, available at https:llbooks.google.com/partner/terms. 19. Attached hereto as Exhibit 18 is a true and correct copy of the transcript of the deposition of Thomas Turvey in this case. 20. Attached hereto as Exhibit 19 is a true and correct copy of a print-out from http://support.google.comlbooks/binlanswer.py?hl=en&answer=43729/. 21. Attached hereto as Exhibit 20 is a true and correct copy of an announcement from Google, "Committee on Institutional Cooperation (CIC) Joins Google's Library Project," dated June 6, 2007, as printed from Google's website. 22. Attached hereto as Exhibit 21 is a true and correct copy of the Declaration of Daniel Clancy in Support of Google Inc. 's Opposition to Plaintiffs' Motion for Class Certification, filed February 8, 2012. 23. Attached hereto as Exhibit 22 is a true and correct copy of a print-out from http://support.google.comlbookslbinlanswer.py?hl=en&answer=43751. 24. Attached hereto as Exhibit 23 is a compilation of true and correct copies of documents Google produced in this case, namely agreements Google has entered into with 3 A-432 Case 1:05-cv-08136-DC Document 1053 Filed 08/03/12 Page 4 of 6 various libraries: the Cooperative Agreement with the United States Library of Congress, the Digitization Agreement with Leland Stanford Junior University, the Cooperative Agreement with the University of Michigan, the Collaboration Agreement with Harvard College, the Cooperative Agreement with the University of California, the Cooperative Agreement with The New York Public Library, the Cooperative Agreement with the University of WisconsinMadison, the Cooperative Agreement with the University of Virginia, the Cooperative Agreement with Princeton University, the Cooperative Agreement with The University of Texas at Austin, the Cooperative Agreement with the Committee on Institutional Cooperation, the Cooperative Agreement with Cornell University, and the Cooperative Agreement with Columbia University. 25. Attached hereto as Exhibit 24 is a true and correct copy ofthe transcript of the deposition of Kurt Groetsch in this case. 26. Attached hereto as Exhibit 25 is a true and correct copy of the transcript of the deposition ofStephane Jaskiewicz in this case. 27. Attached hereto as Exhibit 26 is a true and correct copy of Defendant Google Inc.'s Supplemental Narrative Responses and Objections to Plaintiffs' Second Request for Production of Documents and Things. 28. Attached hereto as Exhibit 27 is a true and correct copy of Defendant Google Inc.'s Responses and Objection to Plaintiffs' First Set of Requests for Admission. 29. Attached hereto as Exhibit 28 is a true and correct copy of a print-out from http://www.google.comlgooglebooks/library.html. 30. Attached hereto as Exhibit 29 is a true and correct copy of a document titled "QA Training Manual," bates labeled GOOG05002438-GOOG05002456. 4 A-433 Case 1:05-cv-08136-DC Document 1053 31. Filed 08/03/12 Page 5 of 6 Attached hereto as Exhibit 30 are excerpts from a spreadsheet produced by Google as a file labeled GOOG05000001. Because the spreadsheet is voluminous, the entire document has not been attached. 32. Attached hereto as Exhibit 31 is a true and correct copy of an email dated December 9, 2011, from Joseph Gratz to Joanne Zack, Subject: "Authors Guild v. Google: Production of Book List." 33. Attached hereto as Exhibit 32 is a true and correct copy ofa memorandum titled "Library of Congress Trip Report," bates labeled GOOG00054 I 138-GOOG000541150. 34. Attached hereto as Exhibit 33 is a true and correct copy of the transcript of the deposition of Paul Courant in this case. 35. Attached hereto as Exhibit 34 is a true and correct copy of a document titled "Go ogle Print Full Text Book Mini-GPS," dated December 10, 2003, and bates labeled GOOG05004 754-GOOG05004770. 36. Attached hereto as Exhibit 35 is a true and correct copy of a document titled "Google Print: A Book Discovery Program," dated October 15,2004, bates labeled GOOG000645719-GOOG000645742. 37. Attached hereto as Exhibit 36 is a true and correct copy of the transcript ofthe deposition of Gloriana St. Clair in this case. 38. Attached hereto as Exhibit 37 is a true and correct copy of the Expert Report of Daniel Gervais. 39. Attached hereto as Exhibit 38 is a true and correct copy ofthe transcript of the deposition of James Crawford in this case. 5 A-434 Case 1:05-cv-08136-DC Document 1053 40. Filed 08/03/12 Page 6 of 6 Attached hereto as Exhibit 39 is a true and correct copy of the Expert Report of Benjamin Edelman. 41. Attached hereto as Exhibit 40 is a true and correct copy of the transcript of the deposition of Bruce Harris in this case. 42. Attached hereto as Exhibit 41 is a true and correct copy of the transcript of the deposition of Albert Greco in this case. 43. Attached hereto as Exhibit 42 is a true and correct copy of the transcript of the deposition of Judith Chevalier in this case. 44. Attached hereto as Exhibit 43 is a true and correct copy of Defendant Google Inc.'s Responses and Objections to Plaintiffs' First Set ofInterrogatories. I declare under penalty ofpeljury of the laws of the United States that the foregoing is true and correct, and that this declaration was executed on July 26,2012 in Bala Cynwyd, Pennsylvania. 6 A-435 Case 1:05-cv-08136-DC Document 1053-1 EXHIBIT 1 Filed 08/03/12 Page 1 of 158 A-436 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-2 Filed 08/03/12 Page 2 of 158 12/12/11 8 63 , 1.,,'"ua..lI1. FORM A I1EGI~Fl.\T10fl lppliretion for 'RtJli!trQtion of QIflefmto Ifop!!rfgnt 1'0. 173097 a published book manufacturod in the United States of America DO Nor WRlTt IltR.!: Jim Bouton ·····_··_.. ,···-.. ···_-····_·····_·····c!o··Thc·zon ··rriiiiieif'· .... 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A-444 Case 1:05-cv-08136-DC Document 1053-1 EXHIBIT 4 Filed 08/03/12 Page 10 of 158 A-445 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 34 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 11 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Rooks -I-You Web Images Videos Maps News Gmail Page 1 of5 More· Sign in Google books I S"bmit 01 AOI'llO:e(l<Betltbisal:IllJol AbcBooks Amaz()n 8all four: Find in my life and hard times throwing the knuckleball in the Big blsellers " JD 00 Leagues , a libr Newt Shop for Google eBooks Jim BOUlon Go to the Google eBookstore fer 5 Reviews World Pub. Co , 1970 . Sports & Rccrcetion - 400 pages BAll. •.. _ FOURff_ over 3 million eBooks to read on the Web, Android, iPhone, iPad, &my and Nook_ ShOp for eBooks now ~} '!'=:-~':'".:;;- • Add to My Library., From inside the book ------- umpire [ Search 10 pages matching umpire ill this book Page 86 ....... -_ .. -.~-.-~ . --- --,,- -.-- -- Ullless It was. Jim BoUIOD. --~~"' _. _._- ---,. Wayne Comer got intcilUl argwnent with IUl umpire, and they wcre jawiJlgback.and lVnb. The last thiIJg sai:I was. '-'All right, Cornu. YOll'l be &OrIY you said thDl. .. Page 1-'16 having wI:! IIDyU!lng at all. l try to be cspc:eil1lly Dice to A.!ibford bc- tlse har.wcs hcU out oC him. Hc'.. [lot cxactly the: best umpire. but he is Car from being terTible. He doesn't mi1s that tIIany calls, and when he docs he misse$ them on both ~ides, like any ~ umpire. But Olha" umpilCS talk behind his bilCL Sornelimc.J they'll lct alUlC: CYl:f)'bocIy http://books.google.comlbooks'?id=fSs9I\AAI\IAAJ&q=umpire 12/11/2011 A-446 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 35 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 12 of 158 Bill four. my life and hard times ... • Jim Bouton - Google Books Page 2 of5 Page 189 Sr.ippel,·jew -e-" .., ..... " - ....... - J$topped by, .. umpiJo wil1. to pus 1be time betWCCII inniD,gs. "'Wby II it lhaI: they boo 1IlC I caLI II kruI ball c:omct.Iy ud. they applaud !he SlUtbJIl pJttber w1le:n he ~1S mUD out of the ball.../I,} ....... _ . - _ ...... Il te.... rteps away from .n ~ Clut bullpen fiJI(! be Get this booI Abe8colts Amazoo tam!?'" un Nelldecttr. Find in CI lib! All sellers ) lfIhere's the rcst oHMill book? What people are saying - Write a review RevIew: Ball Four: My LIfe and Hard Times Throwing tho Knut:itiebailin User ratings 5 stars the Big Let.gulls U5efReYiew 4 ",stllrs • M:Jr.K· 3 stars Gooc"rell~S 2slars 0 Sad 10 $.1y. baseball nulltlat I am.1his book 51a'/cd below my racfar for yeal'S on 1 star 0 and. when it finall.,. be<.ame a known Quantify In my lie as a fan t vIewed It as sanelhing rather Ike Great ... Read Jutl rtlvlBw Review: Ball Fctlr: My LIfe ::Ind Hard Tim&8 Throwing the! Kntlcklo!):l1I in thll Big Leastles User Revi9'N - Ja"nes - Gcodreaos WMe 1grew UJI in a family that cheered on the Ch:cego Cub:5 (my fether had a boscboIl from eo aame he attended wllh niS father Wflen he WClS a boy). the love 01 baseball did nat rub off 011 me. My ,., R83~ fu l review AilS reviews ~ Related books -';.-~O:;;:'F-ir--5 FOUL I . ;,.".. ;.~ . BAL( ( - ~ ..~ !"o."" • "'_ I'.\J'I"T" II > .;. JIM BOUTOM Foul Ban: Mv life end Ha:( Jim Bouton The !eng :seeson ..m Brosnan The Bullpen Gospels Dirk Hayt:urst Other editions - View all http://books,googic.comlbooks?id=FSs9AAAAlAAJ&q=umpire 12/ll/2011 A-447 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 36 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 13 of 158 Boll fuur: my life and nard limes ... • Jim Bouton· Google Books P.ageJ of5 S nippet view Get this boo! AbeBooI<, ArmuOll Find in a IhI" Allscllers 1/ Ju112,1990 Snippet ..lew Common terms and phrases :asked ....tr<:IC to~ldvb b ~ l i!:Iamll 10.311 1'"" ~ p'zY'" 8nnC!y Il.1~C b.:I~c~oIl pklycr ~ ~~ big Ir~J 8111'iIIV Kys Orallt,. bullpen mled COLd". c;;lc:.her t:UJ clubhou:se coacn Ollrrkur Don Mincher cI~a.r. Eddie O'Brien fastball Gary Bell Gel... ~"'rg ~ going ~ hitler h~tun 1-'-OlA< h:,lft 1 '*'"" knuckleball r~ug~,~ b:lr.« look t.1id<.~ Mike Marshall ~.t' pitch Pjlgts lt1ing pilcher ~ay Jim Boulon guyS Yankees Fred Talbot :<Jtnny kids I0I0. nanager Marty Pattin Marvin MHkes MeN~ n!#lt OUcnog'1ue OkaJ QlAIieId P.,g'IIOfl; Pa llill p'lry AaniW Nn!'ly ~ HaIlVVYilter H$I'l t.e. Joe Schultz Ray Oyler Sal Maglie _ r.I~lf!I s .>Jill~ ~ ""<>!:l ~ Sieve Barber Steve \hC.1/h1 Ih 'ew Ioid fRI 1 l1li Tommy Davis tonight Hovley r.e~1\(>Jl ~UlC 1aI~ IeII J)l!OOI"' $cClllo Ulere'l ~;n; ""'pire V:lRCQ\Jvur w~"ed .....", Yeah References to this book From Google Scholar EamLIS Caluli John NerOl1e · 200S • Jourr.al of Sport and Sociallss1,;es References from web pages The Oreyfw Affair The ,\JatUr31. 831 Four. My Uf~ crd Hord Times ••• 1 Ball Four: My Lite ancl Hard Tines; Ttvowin!llh~ Knllddeball in \he. Big' le~ues . Charnbef1aln. Wilt A View fn::.Im Above. New VOISc Random 1-1ouse, 19!11. His. www.5sc.witc . edu/;.pi~a ... il6411 video,pdf Boll Four: My Lifo ond Hard Trnes Throwing the Knuckleball in the '" Fonr.er pilci;er Jim Bouton's Billl Four. My Life and Hard Times Tilrowing tlle KnuCkleball In the http://books,google,com/books?id=FSs9AAAAIAAJ&q=umpirc 12/ll!2011 A-448 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 37 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 14 of 158 Ball four: my lift: and hard timt:s ... - Jim Boulon - Googlt: Books Big Leagues (1970) is a funny and honest recounting of the ." w.vw.brltannlca.comf ebf toplc-9080491 Ban-Four-My-Life-and-Hard-TImes.Throwlng-the- Pagt: 4 of5 Snippet view KnuckIBb;;Jll-in-thB-Big-lGaguGs Ball four; my life and hard times throwing the knucio;lebsll in the •.• Get this bool Ball four; my life and hard times throwing the knuckleball in the big ... THINGS CONNECTED TO 'Ball four; my me and hard limes throwing tI1e knuckleball in . AbeBooks Amazon harpers.orgl subjeclsl BallFourMyLifeAnd HardTimesThrowingTheKnuckleball1 nTheBigLeaguesBook Jim Boulon - BR Bullpen Jim Boulon: Ball Four: My life and Hard Tmes Throwing the Knuckleball in the Big leagues Find In a lihr AD sellers » (1970); Jim Bouton: Ball Four plus 8all Five (1 931) ... www.baseball-referem;e.wm/bullpen! Jim_Bouton Happy Birthday. Jim Boulon I< Ron Kaplan's Baseban Bookshelf Ball Four My life and Hard Times Throwing the Knuckleball in the Big Leagues' I Managed Good, but Boy did they Play Bad . rksbaseballb()()kshelf.wordpress,com/200BI 031 OBI happy-birthday·jru·1xlutonl Jim Boulon Biography (Baseball PIElyerlWciter) - factmonster.Gom Rail Four by Jim BOlllon: Ball FOllr: My life and Hard TImes Throwing the Knuckleball in the Big leagues by Jim Bouton; I'm Glad You Didn't Take It ", www.factmonster.wm!b.ography!var/jrubouton.html Jim Pagliaroni Bibliography J ba5eball ib:ary,com Ball Four. My life And Hard Times Throwing The Knuckleball In The l:;i9 leagues by Bouton. Jim, Edited By Leonard Sheeler, Hardbound Book (New York: World ... www.baseballlibrary.eoUl/basebalilibrarylsabr/tbil PI PagliaronUim.tbi.::otm Bibliographic information Tille BIIII four: my life and hOlrd times throwing the knuckleba R in tt.e Big Leagues Author Jim Bouton Editor leonard Sheeler Publisher World Pub. Coo. 1970 length 400 pages Subjects Sports & Recreation> Baseball) General BOlsebOln Baseban players Sports &. Recreation I Baseball 1 General Sports & Recreation I Baseball 1 History Ex"," Citation DiBle:< frllliote About Google Books - Privacy Policy - Terms of Service - Blog - Information for Publishers - Report an issue - Help - Sitemap - Google Home http://books,google.eom/books?id=FSs9AAAAlAAJ&q=umpire 12111/2011 A-449 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 38 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 15 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books ©2011 Google Page:5of5 Sllipp~l view Gellhi;: bod AbcBooks Amszcn Find In a libr AII.selle.-s http://books.google.comibooks?id- FSs9AAAAlAAJ&q-umpire P 1211112011 A-450 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 39 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 16 of 158 Bal l rour: my lire .and hard times ... - Jim Bouton - Google Books *You Web Imlllg" Vdeos Mllp5 News Gme»il More- Page I or5 Sign in GonsJe books Ad'l3f12d~ AbeBooks 8all four: my life and hard times throwing the knuckleball in the Big leagues :0 00 ,I AmazOll -- Fin:! in a libr - b:r ellers - Newl :Shop ror Google eBooks .!. Jim Bou ton Gel kllhe Google e80okstore for over 3 million eBooks to read on the Web, Android, iPhone. iPad, Son)I :and Nook. 5 Rev iew~ World Pub. Co., 1970 - Sports & Recreatio n - 400 p8ge3 BALL ..~ ShOp for eBooks now FOUR;;;"" to:::=-, )I Add 10 My Uhrary . From inside the book 40 pege, mllltching tommy davis in this book Page4S - . in Sellltlc IMt )"CDr, Tom Etnn. Tommy Davis :I.lIid he: could fClllvw the ftleJlt of thc ball pn:uy good, ul1tillle last it in a cloud. A very boo day for the touetlebAll. It just didn't l:J\uekle. 'The DVUballd c~ wu WOtking ptetty gcod and.some of lh~ fllstbllUs hopped pretty good. Wllo knClWli, miloybc myoid motioo i5 wmin8 buck.. The 5in::ns ate ,tiD Page 195 ...... ......, ........ -..... .... t;" ---............"" ...,.,u_ 'u, .. ~ , ......" ... e ..... blOt if }·cu tab a eaodJ two CUI to the buDpea you gel aU tincb 01 :naric:. "I'be bed in ~ botcl in &]tilJKKe: maker. IlJt: thiPk ~ bad lbOUghts.. Ilbtnll. 1"0 go wasil out my bn..!Il whI! soap. http://books.googJe.comlbooks?id-,FSs9AAAAlAAJ&q=tommy-<-davis 1211112011 A-451 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 40 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 17 of 158 Page 2 of5 Ball four: my life and hard times ... - Jim Bouton - Google Books Page 285 Snippet view ~ ...... ....-.-J ....A»MJ ......... _ . . .v ......... ....,-.;"".J ......... ". oller me a j(jb lite th11t1'" "All you'll gel is a mJuting job In Weus someplace." TOIllnlY Harper Wl. Sa ( SlBlY.d doing a gc.nual-manll&C'" bit, giving saJIIt Tommy Da\lis his w[rnCooru. "Now. Tom. vou haYe to make IUtt to si2II lhll Get this bod AbeBooks Amazon Find in a libr Where'.s the rest of this book? All sellern" What people are saying - Write a review RilVi~w; Ball Four; My Life and Hard Times Throwing the Knuckleball in User ratings 4 5 St8~ the Big Lcagues 4 stars 3 stars USEr Review -MacK· Goodreads Sad to say. baseball nut that I am. this 2 stars 0 book stayed below my radar for years on 1 star 0 end, when it ~nally beC<lme a known quantity in my Kle as a fan I viewed it as somBthing ratl1er [ke GrBal ... Rt:oo full rev'ew Roviaw: Ball Four: My Ufe and Hard Times Throwing the Knuckleball in the Big Leagues User Review - James - Goodreads Wnile I grew up in a fami:y that cheered on Ihe Chicago Cubs (my father had a baseball from a game he attended wilh his father when he was a boy). lhe love of ba5ebaU did not rub off on me. My ... Read full review All 5 re·liews » Related books ) ( i;'l Foul Bel: My life and Har( Jim Bouton The long seeson Jim Brosnan The Bullpen Gospels Dirk Hayhur~t Other editions - View all http://books.google.comibooks,?id==.FSs9AAAAlAA1&q=tommy+davis 12/11f2011 A-452 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 41 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 18 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books Page 3 of5 Snippet view Get this bo~ AbcBooks Am,= Find irl a libr An Jut 12. 1990 selle~ D Snippet view Common terms and phrases ~f;kad /Is\ros I>;:tllelub b31g~me b:Jlp.:arl< ballpl.:aycr Saney b""c bascbaU player balling praclicc bi~ leagues Bleraty bOys Dierker Brabellder bullpen Don Mincher dugout homerun Houk hurt ;"field knuckleball Mj~cv pitch pitcher m;no>.ger Marty Pattin Marvin Milkes /AcNe .."",. never night O'Donoghue Ok<ry outfiel~ PayWarolii Patin pennant Ray Oyler Sal Maglie P~CIS sitting spM~tralnlng staned Steve Barber Yankees Fred Talbot runny rak guys happened Hall)" ';"I,Ia1k~r Heoan hel Jim Bouton Joe Schultz Johnny kids IOnd play pretty Ronew tl1ing thought threw told feel going guess 13"9had lockar 100'( Mike Marshall c:aICller club clubhouse coach Eddie O'Brien fastball Gary Bell Gelnar ~lIing goc"dam hitler called ca:ch Tommy Davis """,rod Steve Havley tonigl1t try",g u-nplrc &eoson Sc~!Uo sure talk ten lhere·s VOOCOoNer wolkod VlO,," Ye<W"J References to this book From Google Sc:nolar Eamus Catuli Johrl Neror.e - 2008 - JOUrr1211 of Sport and Social Issues References from web pages The Dreyf'J5 Affair The Natural. Ban Four: My Life and Hard TImes ... Ball Four: My life and Hard Times Throwing &.e Knut;kleball in the. Big Leagues. Chamberlain. WIll A View from Above. NewYorl<: Random House, 1991. His ... l'NM'.ssc. wisc.edu/-jpilievil6471 video.pdf Ball Four. My Life and Herd Tirr.e~ Throwing \t.e Knuckleball irl the •.• Former pilcher Jim Bouton's Ball Four: My Life and Hard Times Throwing the Knuckleball in the http://books.googlc.com/books?id=FSs9AAAAIAAJ&q-tommy·'davis 1211112011 A-453 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 42 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 19 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books Big LeaQues (1S70) is a funny and harest recounting of the ,.. WWN.brilannica.coml ebl toplc-908Q.491 Ball-Four-My-Life-and-HOIrd-l1mes-Throwing_the_ Page 4 of5 Snipp~t '{ie'N Knuckleball-in·frle-Big·Leegues Be.1I four, my life and herd ~me5 frlro .... ing the knucl<leball in the ... Ball four: my life and hard lime:; illrcr/'ling the knuGkleball in the big .,. THINGS CONNECTED TO "Ball four, my life and hard limes throwing the knuckleba1 in ... Gat this bool AbeEJooks Amazon harpers.org! subjects! BallFourMyLifeAndHardTImesThrowingTheKnuckleballlnTheBigLeaguesBook Jim Bouton - BR Bullpen Jim Bouton: B:all Four: My Life and Hard Times Throw;llg the KnucklGbOiIi in the Big LGOIgues Find in iI libr AU sellers J (19rO); Jim Bouton: Ba W Four plus Bell Five (1981) '.' www.baseball-reference.comlbullpen{ Jim_Boulon Happ~ Birthda~. Jim Bouton K Ron Kaplan's Basebal Bookshelf B:al! Four My Life and Hard TImes Throwing the KnucJdeball in frle Big Leagues· 1Managed Good, but Boy did they Play Bad ... msbaseballbookshelf,wordpress.CXIl1!2008! 03! 081 happy-tlirthday-jim-bouIonl Jim Bouton Biography (Baseball PlayerlVVnler] - fat:tmonsle,-,com B:all Four by Jim Boulon; 8all Four: My Life and Hard Times Thro'Ning tho Knuckleball in the Big Leagues b~ Jim Bouton; I'm Glad You Didn't Take It .. , WWW.fat:lmonster.c.om/ blographyl var! jimbouton. hlml Jim Pagliaroni Bibli~rap:,y I basebalilibrary,com 8all Four. My Life And Hard Times Thro'Ning The Knuckleball In The Big Leagues by Bouton, Jim, Edited By leonard Sheeler. Harc'bound 800k (New Yom: World ... wy{W,baseballlibrary.t:omi baseballDbraryl sabrI tbif PI Pagl'aroni_Jim.tbi.SIrn Bibliographic information Tille Ball four. my life and l1ard times thrcwing the knuGklebail in the BiQ Leagues Author Jim Boulon Editor Lconarti Sheeler Publisher Work:! Pub. Co., 1QrO Length 400 pages Subjects Sports & Recreation, Baseball, GetleraI Baseball Ba:;eball players Sports & Sport~ Export Citation Recrea~on I Baseball I General 8. Recreation! Baseball I History BjElT~X Endllo~ About GOO<lle BOJks - Privacy Policy - Terms of Service - Blog • Inforrnation for Publishers - Report an issue - Help - Silemap - Goo>lle Home http://books.googlc.com!books?id- FSs9AAAAIAAJ&q-tommy+davis 12I1112011 A-454 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 43 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 20 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books ©2011 Google Page 5 of5 Snippel view Get this boa AbeBooks AmilZUl Find in <I libr An sellers http://books.google.comlbooks?id=FSs9AAAAIAAJ&q=tommy+davis 1> 1211112011 A-455 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 44 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 21 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books Page I of5 +You Web Images Videos Maps News Gmail More- Sign in 18'hmit 01 ACl.,;ln:edtB9I)W:~ AbcBoof<;s Am;szon 8all four: my life and hard time~ throwing the knuckleball in the Big Leagues , JD ~ 0 D Find in a libr ! _: blsellers» N6wl Shop for Google eBooks Jim Mouton 5 Re\li(;!W~ World PUb. Co" 1970 - Spons & Recleation - 400 pages BALL ~~ Go to the Google eBookstore for O\ler 3 million eBooks to read on the Web, Android, iPhone, iPa.d, Sony and Nook_ ShOp for eBooks now» FOUR;2=.. o!J!~~~ • Add to My Ubral)''' From inside the book I Searcl1 I strike 36 pages matching strike in this book Page 62 _ ... -- ........ ,.. .. ---" - ---- .the same thing. They'!'!! asking ycm to obey good pitching principles; keep the ball dowD (most hitters are high-ball hille~), don't moUe lbo pi!Ch too good (don't pilch il over the hcan of the plate), mO\le the ball around inside !he strike zone and chioge speeds (keeps the hitter Ilf( balllrlcc), and Ret ohead of the hitler {when you have tw~ strikes on a Page 86 UWUU, ' ..3... " -"'-' "..UIjS ....... .L .. ..,,~ """-'-,'- ........ I """u, ,"L' '" "" He turned pale and moped owr 10 )Qt, sJowly, as if attached to a lar~ rubber band. But all Joe wanted ,....u (0 IdI us to run ~ elltn. laps sin~ we were in the buUpm II.IId wr.rr:n't able to run when everybody else did. I Ilever "'w ",,,,W'Y run lam inokinp 110 haDD'Y http://books.google.com/books?id=FSs9AAAAIAAJ&q''''strikc iII3 0i.::1< Rancv. 12111/2011 A-456 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 45 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 22 of 158 Ball four: my life ami hard times ... . Jim Buuton - Google Books Page 2 ofS .. , PagB 196 Snippet ADd the. Cart YUtffllmski.·s flame came .p bcc:at.a M'd just ignom tM strike and GU)' Bell saki, "Dida'l~ ~ CuI Y&l5tn&mski ia lor bitaxU &nt lUKI SCQXId aod 1bc bel wilb ~bod, d!e." Get this boo! AbeBocks Gee. Guy. C&.rt Y~rrul.I1 y~. Belidu, during tbt ,trike Yutnemki c:aUod JC¥tnl View Am"oo super-- Find in a lib/' All sellcf$;o \M-Ie re's the re st of this book? What people are saying - Write a review Aev lMW: Ball Four; My Lire and Hard Tim@!, Throwing Ole Knuckleball In User ra Ung s 5.'" 4 sllrs the a lG Laaguae User Review -MacK · Goodreads Sad to SilY. bilsebil l n ut thai I am. lhls bock stayad below my radar for yQars 3 " ,'" 4 2stars on 0 1 s tar o end. when it finally became 8 i<nown 'lua ntily in Illy lile as a Ian I viewed it a:o somellling rath€r like Great .. , Read l jl review Rovl , w : BlI tJ Four; My Lifo and H..rd Times Throwing the K n uckiobailin t he Big Leagues User ReYievI' - Jar.les • GoDdreads Wnilc I grew up in i) bnity that cheered on Ite CtiCilgo Cubs (m y f.lIthet had a ba~e ball from a game he aUended l'I'i:h his Ialhel when he was a boy), the love of basebal did no: rub otr on me, My ... Read full n.'yEw All 5 reviews ~ Related books --·-~=:;=? t--:'5 FOUL SA L{ . ,... ...... -. .'.,'" "" , 1< • ~ ;'~ ( PIUIT II ) -t. JIM BOUTllN! Fo ul 9al : M)' liFe and Hare: TI1e Icn g season Jim BO'Jlon Jim Brosnan The Bullpe n Gospe l~ Dirk Heyh\Jrst Other editions - View all http://books.google,comlbooks?id=FSs9AAAJ\lAI\J&q=strike 12/11120 I I A-457 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 46 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 23 of 158 Ball four: my life and hard times ... ~ Jim Bouton - Google Books Page 3 of5 Soippe~ view Get this boo! Aba800ks Amazon find In a lib, All sellers Ju112. 1990 Snippet view ~ Common terms and phrases 3&ked kIlOS bollclub ballgsme b~lIp':lIt ballplay~r Banoy b.se b3.~ball p·ay~r baltin~ pr.ldice big leagues Diorite. Blelary iJOVs Brabender Don Mincher Gary Bell hitter dugout homerun Houk h·J!t inlield laughed lJIk:lr.oy Mike Marshall pitch tiling pitcher play ca'ied CiltOO Cilt01er o::lub Eddie O'Brien fastball Ge na' getting OOddarl knuckleball F,IOl' bullpen rxk~r clubhouse ~O~dl reel felt Fred Talbot guys nappene<r Harry Walker Hegan hell Jim Bouton Joe Schultz Johnny kids kind going ~UI!SS lock marl.Oger Marty Pattin Marvin Milkes Yankees McNertney never ni9ht O'Oonoghue Ouy outfield Pagliarcri Pattin pennant pr~lI"y Rmw Ray Oyler Sal Maglie .-w season s~ti~ s.Jrin~ Irain"" swrted Steve Barber Steve Hovley ~Ufe talk lhc\.g,1 lhr~w Icld funny Tommy Davis tonight Sc:l!ll" \ell lhere·s tryin9 umpire Vancouv8' walked ... rm Y"ali References to this book From Google Scholar Eamus Cah.:li Jolln Nerone - 2000 - Journal of Sport and Social I~ues References from web pages The Dreyfus Affa·rThc Natural. Ball Four: My IJfe and Hord Times ... Ball Four: My Life and Hcud Timt:s Throwing the Knuck!ebaD in the. Big leagues. Chamberlain. WII. A View from Above. New York: Random House, 1991_ His .. www.ssc.wisc.eduf-jpiliavif647Ivideo.pdf Ball Four: My Life and Hard Times Throwing the KnucldebaU U1 the ... former pitcher Jim Bouton·s Bal Four. My life ami Hard Times Throwing the Knuckleban in the http://books.googlc.comlbooks?id=FSs9AAAAlAAI&q'''strike 12/1 1I201 1 A-458 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 47 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 24 of 158 Ball four: my life and hard times ... - lim Bouton - Google Books Big I..Bagws ( 1970) i, a runny and hoflesl u:<Xllmmg of the _. YM'W.bntaMlca.comt ebI topie-90804918all_Fou".My.lne-aoo.Hara. Times--ThrCM'i"9"Jhe. Page 40f 5 Snr"petview l<rJJck!ti!b811-in-the-Big-Leegues Bal fou r; my life ano' hIIrd IimeslYowing Ihe knuckleball in the •.• Ball four. my life and hilrd times tlTo¥Ving the knucldeball i n the big ... THINGS CONNECTED TO '8al four, my lit; and Narc! tmiii throwing !he knucklebal in . harpers.arg .subjectsl Bal1FcuMyUfePndHarclTlmcsThrowin\j1heKnuck.leoalllnTheBIgLeaguesBook Jim Bouton - BR Bullpen Jim Boulon: Ball Four: My lifa ; nd Hard Times Throwing the Knuck!ebiil!lln tha Big Leagues (1970): Jim Bouton: Dell Four plus BIIII Five (1981) ... Gellhis bod AbeBooks Ami!!ZCI1 Find in a nbr AI s~ller.!l ~ WoNW ba5l!ball.reference.comr bullpenf Jim_Bouton Happy Bl nhC~y, Jim Boulon « Ron Kliplan's Bascbal Bookshelf Ball Four My ure and Hard TimiJii Throwing Ihe Knuddebal in the Big league!> . I ManEiged Good, but Boy did they Play B!:I;I ..• rKsbasebalbookshl!lll wordjJress.oomI20081 031 Oaf happy-birtMay~lm-txl..lonl J·m Booton 9lOgrClptly (BMeball PlayerlWril~ - factmonsler.com 9311 Four by Jim Bouton; Ban Four: My Life and Hard Tmas TITowing the Knuddoball in tho Big leagaes by Jm Bouton: I'm Glad You Didn't Take II .•. .... w.vJadmOnslet".coml bicvaphyl varl jimboutoo.html Jim Pagliaronl BibliOQrapny I tlasebaflllblalY.com Ball Four: My Life And HlIrd Trnes Throwing The Knuck!abaliin 1lKI Big L&agUQS by Bouton, Jim, E(fited Dy Leonard Sheder. Hi!!rCboond Book (New York: World ... ....ww.basebaI1ibrary.com/ DiiSeballlimaryJ sabrf thil PI Pll.gToaroni_ Jirnlbi.stm Bibliographic information Title Author Editor Pu bis her lQnglh 5"""", Dall four: my life and h!:lrd lime, thrown g the knuckleball in lhe BiQ Lea\;jues Jim Bouton l eonard Sheeler IAbrld Pub. Co., 19ro 400 pa5l~s Sports & Rco~alion I Baseball I General Baseball Baseba9 pla ~ Sports & Reaealion I Baseball J G9nE!ral SpOl1$ 8. Reaealion I Beseball l HistOl)' "- Citation About Google Books · Prlvaev Policy· Terms of Scr.'ice - Blog • Informal.bn for Publishers - Report an issue - Help - Sitemap - Google Horne http://books.googie,com/books?id- FSs9AAAAIAAJ&q- strike 1211112011 A-459 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 48 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 25 of 158 Page 5 of5 Ball four: my life and liard limes ... - Jim Bootoo - Google Books 02011 Google Snippet vie>Y Get ttlfs boci AbcBooks Amaw, Firtd irJ.a I1br All sellers » http://books .&oogle.comlbook5'?id~FSs9AAAAIAAJ&q=5trikc 1211112011 A-460 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 49 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 26 of 158 Ball four: my life and hard times ...• Jim Boulon • Google Books t-You Web Images Videos Mcps News Gmail More Page 1 of:S ~ Sign in ISubmit 01 Coogle bopk~ Adll<! ~ :;ed(8l)Cill9sohrol AbeBooki; Amazen Ball four: my life and hard times throwing the knuckleball in the Big Leagues , .~~, :D DO ~-~ Find in a libr t:isellers ~ Newl Shop for Google eBooks Jim Boulon 5 Reviews World Pub. Co., 1970 - Spor1s & Recreation· -400 pages BALL .,._ Go 10 !he Google eBookstor6 lor oller 3 miWon eBooks to read on !he Web. Android, iPhone, iPad. Sony and Nook. Shop for eBooks now)) FOUR§;" Add to My Library .. From inside the book -,,-d-sox - --- - . - - - - - I Search 9 pages matching red $0)\ in this book Page 52 By no...... though. wc're stillltling in elllmps of livt or lcn anti t:licc turns catcflirtg wh~tc\·cr fly baits happen 1(1 come cur wily. It WM. Dick StUPH-5lory dny looay, and Ihis on~ was about Ihe lime Johnny Pesky wa~ mauuSing Ihe Red SOl and Stuart WOlS plllying for him :md showing up lele fOf a 101 of tbings. ,",Of ;o~ TTm;on \bi~ .. _ •• n •• "M ._ .. _ _ 11 • .1 ____ .:..... . . . . . 11 . . . . . . . . . . . . . .n ... r. ~ ........ __ Page 289 tbe time!.. When tbin~ :ne goirlg flOOd Ya5Lr7eIll51ci will go all QUL W~ lhiIl8' ucn'l going so weU he'll give a ball-au eB"~. BUI he's got so mucla ilbi.li1)' lIliit the only thing you can cia i:! pul lip wit.h. him. 1 asked II few of the Red Sox if they thoUghl he; daerml the fi.u.c IUId I thought they would defend him. But they 5:lid. "'He d~ed it http://books.google.comlbooks?id~FSs9AAAA]AAJ&q=rcd+sox 1211112011 A-461 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 50 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 27 of 158 Page 2 of5 Ball four. my life and hard times ... - Jim Bouton - Google Books SnWet vie.., Page 388 Gat this booI Dick. Williams has b«.D :fired as mana," Dl the Red ~ 1 thlnk Ihllt whtA :a leam we a pennant tJle leJlcieacy i! to give 100 much c:redJt 10 AbeBooks Amazon tt:e ~s~a~.~~~ w:e~ ~.~,m loses ~ lend~ W10 blamo ~~?" FiOO in Ymere's the rest of tI1is book? a libr All sellers • What people are saying - Write a review Review: Ball Four: My Lite and Hard Tim". Throwing tho Knuckllb:all In User ratings the Big Leagues 5 $tars User Review 4 4 stars • Maci(· 3 stars 1 Goodreads 26lars 0 Sad to say. b<lsebal nUl Tiat I am . this book ~toycd below"'i nxb" for YCQr.; on 1 "," 0 end. Ylhell il fillsltv became a known ql.IaI"dy in my lite as a tan I viewed it as something ra!llet I:ke Great ... lWall full raVlw Revl!M: Bill Four: My lIFe and Hard Times lhrowing the Knuckleball In the Big Leagues U ser Review • J ames - Goooread s \Nhiie [gr$W up in eo lami:y flat cheered on rtle Chicago Cibs (my father had a baseball from a game he anended with h·1'; lather when he was ::I oo~), II'.e love of baseba l tJ:(f not rub oft on me. My ... R03d full re'/jew All 5 leviews ~ Related books ... I.Q~C SU50:-I • . ,. ( Foul 811: Mr Life ~nd Jim Bouton H~t( The lor.g seasoo Jim BrOSMn ) The &Alper. Gospels DirK Haytu'sl Other editions - View all http:Jtbooks.goog!c.comJbooks?id=FSs9AAAAIAAJ&q-red+sox 1211112011 A-462 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 51 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 28 of 158 Page) of5 Bidl four: my life and hard times ... - Jim Bouton - Google Books Gel this boo! Abe800ks Amilzon Find in a libr All selro» Ju112,1990 Snippet view Common terms and phrases ;skad Aalrcl ~ll'~·ub ~ ;aligarne tallp;rk ~;\lpIao,oor n-y b<l ... ba ••1x! \ pb~er bgtlSlg ~ot b1 i IfiIY""'" l.litfIter ~r.."Y torJ Don Mincher Gary Bell (!1)9OlII I.,~bed Mike Marshall pitcher ~;;y Iodt('( Yankees clubhouse COlCfl 1\IrI.... guys IW;JPeIleCI Harry'A'al1m?I" lieQiJI'I hell Jim Bouton Joe Schultz Jo.'1MJ' kids Ilir>CI going gue!oS Io;j{ maJl4lgef Marty Pattin Marvin Milkes MeloI.~ ne_ ngllt O'Don[)Qhue Okay ootield P~~ilrooj P~n pennant prtlly Plgr. ii:fug ~rirgtrelnlll9 s1iI1!!d thing thought caUf(J 1:aI.rJ tame r dutJ Eddie O'Brien fastba ll leet Iri_ Fred Talbot I-Iouk twrt Wield knuckleball pitch bullpen GehlI IlWIQ QOIIkI3II hitter hoIM."n M i"-",. Sraberdel R~ Ray Oyler Sal Maglle --' ~mon Steve Barber Steve Havley threw told Tommy Davis sure Idll\ Sl:.o.ila 1e:11 lhae's tonight Irying ump-r. VallOQUVgr w31ked ....""" YeoI'! References to this book From GooglQ $I:nolar Eamus C3tuli John Nero~ • 2.):)8 - Journal or Sport lind Soci!III:53tJes References from web pages Tha Dreyfus Affair Tho Natural. Bal Four: 1..1y Ue and HOIrd runes ... Ball Four. Mr life and Hard Times Throwing the I<ll..dI:leball in the. Big~. Chamberlain, WIll A View from Above. NewYoJ1(: Ranllom House, 1991 . His .. 1WrW.£&C..wiSc.edui ~jpiliaw 6471 videJ.pdf B:l1I Four. My Ufe ond Hard Times Throwing the Knucl<leball in the ... Former pild1cr Jim Boukm's BaH Four. My Life and Hard Times Throwin g the Krl.JdIlebellln the http://books,google.com/books?id=FSs9AAAAIAAJ&q=rcd+sox 1211112011 A-463 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 52 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 29 of 158 Page 40f5 Ball four: my lire and hard times ... - Jim Bouton - Google Books Big Leagues (1970) is 01 funny afld honest recouflting of the ... www.britannica.com. ebl topic-9080491 Ball-Four-My-life-al"ld-Hard-Times-Throwing·the_ Snippet view Knuckleball-in-U1e-Big-Leagues Ball four; my life and hard limes throwing lhe k:n:Jcklebail in the •.• Ball four: my lire and hard limes throwing the knLlcklebaU in thE! big ... THINGS CONNECTED TO "Ball four; my life and hard times throwing the knuckleban in harpers.org'subjectsl BallFourMyLifeAndHardTimesThrowingTheKnuckleballlnTheBigLeaguesBodl. Jim Bouton - BR Bullpen Jim Bouton: Ball Four: My Ufe and Hard Times Throwing U1e Knuckleball in the Big leagues (1970); Jim Bouton: Ball Four plus Ball Five (1981) . Get tIlis boot AbeBooks Amazon Find in a libr An sellers ) ....ww.basebatt-reference.com/ bullpen/' Jim_Bouton Happy Birthday. Jim Bou,on ~ Ron Kilplan·s Baseball Bockshelf 8all Four My life and Hard Times Thro.Ying the Knuckleba l in the Big Leagues· I Managed Good, but Boy did they Play Bad .. rksbaseballbookshelf.wordpress.canI2008J 031 061 happy-birthday-jim-boutonl Jim Bouton Biography (Baseball PlayeriWriter) - factrmmster.com Ball Four by Jim Bouton; Ball Four: My Life lind Hard Times Thro'Ning the Knuckleblill in the Big Leagues by Jim Bouton: I'm Glad You Didn't Take It .. www.factmonsler.Cllm/blographylvar/jimbouton.html Jim Pagllaronl Bjbll~raDhy I baset:alilibrary com 8all Four. My Life And Hard Times Throwing The Knuc:klebaliin The Big leagues by Bouton, Jim, Edited By Leonard Shecter. Hardbound Book (New York Wolld ... www.basebaUibrary.comfbaseballlibrarylsabr/tbV PI Pagllaroni_Jlm.ltll.slm Bibliographic information Ball four: my life and hard times throwing the knuckleba RIn U1e Big Leagues Author Jim Bouton Editor Leonard Shaeler Publisher World Pub. Co., 1970 length .400 pages Subjects Sports.& Recreation, Baseball) General Baseban Baseball plClyers Sports & Recreation' Baseball' General Sports.& Recreation I Baseball I History Export Citation BiBT",X Endllote About Google Becks - Privac;;' Po~cy - Terms of S~rvic:e - Blog - Information for Publish~rs - R~Dort an issue - H~lp - Site map - Gocgle Home htlp:flbooks.googlc.comibooks?id=FSs9AAAATAAI&q=rcd+sox 12/11/2011 A-464 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 53 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 30 of 158 Ball four: my life and hard times ...• Jim Routon· Google Rook~ ©2011 Google Page 5 of5 Snippet view Gett/lis bod AbeBooks Amawn Find in a Ilbr AI se:lers http://books.googlc.comibooks?id=FSs9AAAAlAAl&q=rcd+sox ~ 12/1112011 A-465 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 54 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 31 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books +You Web Images Videos Maps News Gmail Page 1 of5 Sign in More- Google Ilppk~ A(1'I3~::ed1881!l~ AbeBooks Amazon Ball four: my life and hard times throwing the knuckleball in the Big Leagues JJIll o Bouton Find in a Hbr JD DO: [dseller!> D Newl Shop for Google eBooks 5 Reviews World Pub. Co., 1970 . Sports & Recreation - 400 pages BALL ,,~ FOUR;~ Go 10 the Google cBookslorc for over 3 mimon aBooks to read on the Web, Android, iPhone, iPad, Sony and Nook. ShOp for eBooks now» ~=~ • Add to My Library .. From inside the book yankees ----- I Search I B5 pages matching yankees in this book Page 23 checking the stl)(lll: tables IlIId because bcIween 1932, when m bcgm 10 play for the: Yankees. ilnd 1968. when be left as iI. ooacb, he hlld pulled down some 23 World Sc:ries.l!hares in addition to bis considerable ialary. And no Olle has noticed him spending very much oE iL In addition, startine at D.ec fifty. he clcctro-_Ibly Lbroui"ll foolishnw, D10~ likelv Page 90 Ule I'tO:WIlIlUSC p"Jll:n;. u~c W;LI !I T ;W1.~C I:.o.U iUlll ,I<' .COl........ 'U 1"11,,,,,, pttn::ly OD. how much tlKy wcre helping the Yankccs 10 win. Cllorm, pc=a1it)'. iIllc:llipo:---Ilolhirig wuntcd. (bUy wning. Ogle: didIJ', hne ellen the pretense 01 objectivity. He Wl!l lbc only writer in the p~ who would lake lhe s.=v~nlh-ianing slIClc:h in the Yankee h",U, Once 0.1 B w;r"lt~r J:II'CU aonfcn:.na:. w'hcn the Yaok.ces well: aD- http://books.google.comlbooks?id=FSs9AAAAlAA1&q=yankces 1211112011 A-466 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 55 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 32 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Rooks Page lof:'i Snippet view nIlS IDeID ~aevm5 ury I'I! WiDnrD.. I wendtr how he i£ with the pitcbcrs. *"WIlI)' Get this boo! AbeIlod<s TlIe bil COI!.fro!Iwiorl is O)ming cJostr. The Yutlll'$ Qljll be In town.:ia • oauplc O[ da:ys and I've been iI1vilcd to Ifpea!' at lhe 'JIOrtf.............'" .......c ....ur" ... ""nnr.1" "" M ....rl,..., ..fJ".... nnn . .""., """" ..... Am~oo Find in a lior Where'iJ the reiJl ollhis book? AII.'Scllcrs" What people are saying - Write a review Review: Ball four: My Life ilnd Hard Times ThroWIng the KnUt:klebaliln ""'" 3,..,. the Big L.ea9U()s User Re',iew User rat ing!> 4 stars - MacK- GcodrQads 4 1 1 2 ,"" 0 Sad to sal'. baseba) nut that I am. this 1 , .. 0 book stayed Ixllow rrPf radar fOl years on em, . . . hen it linelly ~ma a known ~ity in my Ita as a fan I viewed iI as s()me:tiing father like Greal _. Read UI ~I Review: Ball Four: My lif. and Hartt Tiru& Throwing the Knu\:kl~1 in tile BlglC:1guea User Re'/iew • Ja mes - Goooreads lNhilc I grew up in a family Ihet d1een:d en the Chicago Cubs (my faller hlKl II baseball from e game he alten!jed with his lal.her v..ohm he was a boy). the love or basebal dla not rub OM on mil. My ... RQaClluli reviQw All 5 fliVieW! " Related books < ) ,. • Foul Ball: Mylile an:! Haf( The lor.g season Jim 800;on Jim Brosnan The BUJpen Gospels DIrk Hayflursl Other editions - View all http://bookS.google.com/books,?id=FSs9AAAAJMJ&q=yankees 12111/2011 A-467 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 56 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 33 of 158 Ball four: my life and hard times ... - Jim BOUTon - Google Books Page 3 of5 Sillwe' view Get this boo! Abc800ks Amazon f'ind In a IDr AI15ellers " Jul12, '990 Snippet view Common terms and phrases as~eO NIIOO ~b b~lI93me b:JIIPQrk o.a~cr IelI,Ve5 BIerar'; /)Oy$ er<lbeflOer bullpen ca[~ 8"""1 b=.~e ba~cb:ll l pl"'fcr b:lt\inelpr.l~ big e< ttrl e<.tQ".er 0101"- Don Mincher dugoul Eddie O'Brien faslball GelrMlr ~tlno gool~MI Gary Bell hitter homerun HOlIk knuckleball ~ _hi ' q"-<j Ild:er Mike Marshall n~' pitch PrIOlS hJrI pilcher ~tay sit ng s:>ring n n"nj) thing Ihol,gll !hI"" Ioid Yankees plUy 5uned going ,ues.s .Im Bouton took guyS clubhouse coacn t::UJ '~I ~. t.-ene<l Fred Talbot flr ft'l' Hilay W<Aer ~ nell Joe Schultz JotInny kids ....d ma~ Marty Pattin MaNin Milkes MeN~ "\jI r! O'Oooog~ Oby IlIltfi eid PiJIj'iilloo.' P<rttin pennant Ran"" Ray Oyler Sal Maglie ...,...,. ...uson Steve Barber Steve Havley Tommy Davis un \alk tell Stortlr! mere's tonight ~ ing e... pi ... V:!nc:ouvi' walked "'''"'' Yeall References to this book From Google Sct10lar 'E<lm~Clltuli John Nerone · 2006 · Journe:1 of Sport and Social Issues References tram web pages The OrcyfusAfforThe Nlliul ei. Billl Four: My Uft! Dod Hard TlITlcs_. Silil Four: MV Li fe l;Iild Hilld Ti'n~ Throwing the Knuddebal in \fie, Bi" leagues. Chilrnbeftaln. Will. A View from Above, Nt!'w YorK: Random House, 1991, His._ VtWW.~:;c,wi:;c, cduJ -i pi ~ovil64 71 vidc<J, pdf 8ell Four: My Li fe and Hald Times Ti1ro'Mng the Knucklebal .., ~e .. , Former pitcher Jim Bouton's Ball Four. My Ufe and Hard Times Thro'Mng the KnL'Ckleballln \he http://books,google,com/books?id-FSs9AAAAlAAJ&q=yankccs 1211112011 A-468 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 57 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 34 of 158 Ball four: my life and hard limt::i ._ - Jim Eoulon - Google Books Big l eegues (1970) isa Page 4 of~ rumv and hone5t recounting of the .•. VfWW.tuflarYic::a.oomJ ebI to()ic-908049J BaD-Four-My·Ufe-ard-Ham-Trmes-Throwilg-tJle.. KnI..Odllbal~in-lh&-Sig.LoaQlJ'lS Ballleu'; my lift and ha.'d Urne& throwing the knuckleball in !he _. Bell b.r; my life end hard lime(llNo'Ning the knuckleball in the big ... THINGS CONNECTED TO "Ball four. my lire and hard Umes throWing the knuckleball In_ harpers.ergl subjects! BallFourMyLifeAndHardTimes ThrowingTheKnuckleballlnTheBgLeaguesBook Jim Bouton· DR Bullpen Jim Bouton: Ball Four: My life and Hard TImes Throwing the KnuCkleball in the Big Leagues (1970); Jim BQul<)n: Boll i=OUf P~\Js Ball Five (lgB1) ,.. www.baseball-reference.c.ornlbullpenl Jim_Bouton Get this tJooI AbcBooks Amazon Find in a lib; AII.selle~ • I1llPPY Birthday. Jim BGUion ~ Ron Kaplan's Baseba. Bookshelf Ball Four My life and Hard TImes ThtONing the Knuckleball In tile Big Leagues· I Managed Good, but Boy did thoy Play Bad _. rbbaseba!l:M:d'is helf.wordpllIss.mml20081 031 081 hilppy-tlirUJday-jim-bo..ton! Jim Bouton Blog'aphy (Baseba ll PlayerJWriter) - factmollSter.com Ball Fou, by Jm Bouton; Bc;1I Four: My liie and Hard Times 'UlrO'Mng tile Km.JCkJeball in 1he Brg Lear;JJO$ by Ji'n Swlon; I'm GltId VClU Didn'l Take It ... www.lactmorrsler.comJbiographyJ 'farl iimbo~tDrthlml Jim Pagllaroni Bibliography I basebal1Iiblary.(;(Im Ban Four: My life And Hard r rnes Tn-owing The KnlJd:leballln The BI!lle~ by Bc:Uon, Jim, Editecl By Loon::ll'd Shecter. H;Hdbwnd Book (New Vorlc World ._ v.'WW.baseballibfary,comJ !)<ts eb<tll~braryl sabr/lbif PI Paqlrarooi_Jirntbl.stm Bibliographic Information Title Ball four: my Wla and hard times threwing the knuckleball in the Big Leagues Author Jim Boutor. Editor lAon;rcf Sheeter publisher Wort! Pub. Co.. '970 Lenglh 400 pagEls SlIbjed.ll Sport, & Recrelltion , Baseball) General Bateb<ill l3e~eball pbye ~ Sports & Re::realion I BaseoaIII GeMr.:Il Sports & R&ereation! BaseOOIII Hislol)' Export Citabon BlllTex Ennllote About Google Books - Privacy Policy - Terms of Service - Brag - Informelion for Publishers - Report an issue - Help - SitemClp - Googte Home http://books.google.com/bocks?id::FSsl)AAAl\IAAJ&q=yankees 12lIll201l A-469 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 58 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 35 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books ©2011 Google Page 5 of.5 Snjpp~l vi~'N Get this boo! AbaBooks Amazon Find in a Ilbr An selle~ n http://books.google.comlbooks?id=FSs9AAAAlAAJ&q=yankees 12/11/2011 A-470 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 59 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 36 of 158 Ball four: my life Md hard times ... • Jim Bouton· Google Hooks Pagt: I or5 "'You Web Im4ges Videos Maps News Groail Note · S ign in Ball four: my life and hard times throwing the k.nuckiebailin the Big :0 Lea~ues • I 00 --=- IJ New t Shop for Google eBooks Jm BoutOl1 Go to tile Google eBod<slore for over 3 mnon eBooKs to react on 5 Reviews World ?lb. Co., 1970 - Sports 8. Rccrcatiol1 - 400 pl1;}:: s BAU- ,,~ the Web. Android, iPhDne. iPad. Sony and N<Do;. SllDP for eBooks now» FOUR?2=. ~=--=-- A<I<I 1 M)" lltrill'j .. 0 S"ippet view From inside the book mickey rrontiC·· ··- ·- - ·- [ Sc;]rch GIK!hi1i: book I AbeBooks AmHon 17 pages matching mickey marltle irl thie book Pilge29 FiOd in a libr.:uy AI!s;"IIIIr5 ,. Mickey Mamlc IIDDOUJIccd his rclin:mcnt the om day and I got to thinking about the miud feelings l'\Ie :IlIW3.Ys had about him. On the otle ha.nd I telllly liked bis scnse of humor and hiJ boyishow., the way he'd ~pwd iIll tbill time: in the clubhowe makin, up hw,,'...... _~. nf ..h ............ ~ .. II>. .........1. ,,,. _ "'" ..... "",Ir ....,,. .......... Page~ In kh field. Wbell the 1ilIDC. ."u oyer I ....·aJiced b~ck into tbe ttubhowe and ~ wu ;;J palh of ....hile towels from tht door to Illy 1IXkI:r, Md tJl lI".e 8"}"$ ~f'e Jlanding there. and jan :as I optatd. the door Mitiet)' fI1I.S p'.ltlin, the Jut lowd down iII plate. I'll nevel rOlf;ct him ror that. AN I WOII'1 lorgel dJc timc-1962. J guess it Wti-ln Kansas http://books.googlc.c:omlbooks?id=FSs9AAAAIAAJ&q=mickey+mnntle 12/1112011 A-471 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 60 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 37 of 158 Ball foor. my life ami hllrd limes ... - Jim Bouton - Google Rooks I Page 2 ofS Page 31 .,u"cu, lUcy _,e Ic.o<Jl UJ tU UUl _ l uI U~ III!: ""'13' ,...... uc ........ ""'UI to gel drnRd Up> till ~d d--thi$ was iD Detr(Ji\-aJld mu! than in ~ pLwe caUcd ~ fla.mt. Mkkc)' sa~ them 1be 1ddI.w ADd $aid to be SOMe to ask rOt Mldct.y MMlIk'$ table... Pepitone IDd Linz 'Welt like II coupte of kids It Christmu. They "",Itt"". dnn ,.,Ikmlf .......... wk., .......... r tim~ ,""'" .,"'"' eni .... 'n 1"._ Wrtero' a the rest ef this book.? What people are saying - Write a review Rev iew:: Bilil Four. My lire and Hard lJser ratings Times Tlvowing the Klluckiebaliin the Big LeaglXlS US£( Review Goodreads • 50 sta rs 4 stars 3 stars 2 stars a - MCl cK - Sad 1 say, baseball oot lIlat I am, \hIs 0 book stayed bQlow my radar for yeatS on 1 star a end, when it finalty beC!!lme a known QUantity in my 6fe a~ a fan I viewed it as somelhing rather like Great ... Raad full review Review: Ball Four: My Life and Hard Times Throwing the Knueklab3111n thl! Big LIl;!!3ues Us-er Review - .lamas - Goodreads Vhlia I ~cw up in a family thai cheered on the Ch:cego Ct.b5 (my flther had a baseball from a game he atended with his faille. whltn he was a bay), the klYe 01 baseoall did not rub nit en me. My ... Read fuUreview AU 5 reviews ~ Related books ...... ... • ~- . < ) ,~, \l:, Foul Ball: My Life and Hare Jim Bouton The long season Jim Brosnan Th e Bullpen Gospels DIrK Hayhurst Other editions - View all http://books,googJe.comfbooks'?id=FSs9AAt\AlAAJ&q-mickcy+mantlc 1211112011 A-472 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 61 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 38 of 158 Bi:llI four. my lif~ Page 3 of5 and hard times ... - Jim Bouton - Google Books Ju112,1990 Snippet view Common terms and phrases ;sked Astro~ balc:ub ballgame ball~rt ballp:3v.r lOo>ney b;oSll ba~b;l1 piaver batting pr.;diee big leagJe$ Blelary bovs 9rabender Die,kt r Don Gary Bell hitter Mincher dugoul Geinar homsrun Mickey hurt in,eld tiling thOlg"l1 threw Yankees guys MJ)I!!!II>d plCly prety R.tn£'o" Harrywau~e~ He!1an Johnny funny hell kids ki~ Marty Pattin Marvin Milkes McNertn"" Pag'iaro~i P~tLir, pennant Ray Oyler Sal Maglie Steve Barber Steve Hovley told Tommy Davis wad, Fred Talbot Jim Bouton Joe Schultz ne_er n;;hI Q'Donoghue Ol0y outfield PIlot. siltin9 ~prir,g training sta1il'd clubhouse O'Brien fastball feel lell lauJhed loclIer lOOk manager Mike Marshall pitch pitcher Eddie caned Cidt~h caI..rer ~lub genng g:lCleam going ~um Hook knuckleball bullpen .cored ~,mo~ Se:rttle ~u;" la k lell I~~e's tonight Itying u,,"ph Vanc:olJV~ r war~ed """nn Ye~h References to this book From Google S~holar Eamus Catuli John Ne."one - 2006 - Journal of Spon and Social Issues References from web pages The Dray/us Arrair The Natural. Ball Four; My Life and Hard Times ... Sail Four. My Life and Hard Times Throwing the Knuck!eball il the. Big Leagues. Chamberlain, Will. A Vlewfrorn Above. NewYoJ1(: Random House, 1991 His. 'NIIJW.ssc.wisc.edu! -jpiliavi! &411 video. pdf B:::11 Four: My Life and Hard nnes Throwing the Knl.lCk:Cball in the ••• Former pilcher Jim Boulon's Ball Four: My Life and Hctrd TiTles Throwing the Knuckleball in the http://books.google.comlbooks?id=FSs9AAAAlAAJ&q=mickey+mantle 1211112011 A-473 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 62 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 39 of 158 Ball four: my life and hard times ... - Jim Boulon - Google Books Page 4 of5 Big Leagues (1970) is a funny and txmest recounting of the ... www.britannica.comlebltopie-906049IBl.Ill.Four.My.Life-and.Hard. Times·Throwing.the. Knucllieban-in-lhe-Big·leagues Ball four; my life and hard times throwing tho knuckleball in lIle ... Ball four: my life and hard times throwing the knuckleball in Ule big ... THINGS CONNECTED TO "Ball fO:Jr, my life and hard limes throwing lh€ knuckleball in . harpers.org'subjoclsl BallFourMylileAndHardTimesTllrDwing TheKnucldeball1 nTheBigLeaguesBook Jim Boulol, - SR Bul~il Jim Bouton: Ball FOLlr: My Life and Hard Trmes Throwing the Knuckleball in the Big LeagLles (1970); Jim Bouton: Ban Four plus Ball Five (1981). WW'N. baseball-reference.coml bullperJ Happy Birthday. Jim Bouton« Jim_Bcutan Ro., Kapla."s Baseball 8001l:;lIell Ball FOLlr My Life and Hard Times ThrowirlQ the Knuckleball in the Big Leagues· I Managed Good, but Boy did they Play Bad ... rksbaseballboollshelf.wordpress.ccmI20081 03{ 081 happy·birthday·jirn·bouton{ Jim Bouton Bi~raphy (Baseball PlayerlWriter) - laGlmonster.com Ball Four by Jim Bouton; Ball Four. My liFe and Hard Times Throwing the Knucldebaft in the Big League!3 by Jim Boulan; I'm Glad You Didn't Take It, WW'N, factmr:xlsler.comr' bi~raphy! varl jimboulO1l.hlml Jim Pagliarori Bibliography I basebalftibrary.Gom Ball Four: My life And Hard Times Thro .....ing The Knuckleball In The Big Leagues by Bouton, Jim. Edited By Leonerd Sheeter. Hardbound Book (New York: World ... WNW.baseballlibrary.com/ basebaillibraryl sabrI tbV PI PagliaronLJim.lbLstm Bibliographic information Title Ball four: my life and hard' times throwing the knucklebaft in the Big Leagues Aul/1or Jim Bouton Editor Leonard Sheeter Publisher World Pub. Co., 1970 Length 400 pages Subjects Spa,is 8. Recreation, Baseball) General Basebaft Baseban players Sports & Recreation f Baseball J General Sports & Recreation I Baseball/ History E~port Citation BiBTV:: EllIIllotl! R""'lm About Google Decks" Privacy Policy - Terms of Se.'vice" []log - Info:malion for Publishers - Report an is~ue - Help - Silemap - Google Home http://books.googie.comJbooks?id=FSs9AAAAlAAJ&q=mickey+mantie 12111120 II A-474 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 63 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 40 of 158 Ball four: my life and hard times ... - Jim Boulon - Google Books ctl2011 Page 5 of 5 Google http://books.googlc.comfbooks?id=FSs9AAAAIAAJ&q- miekey+mantle 1211112011 A-475 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 64 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 41 of 158 Ball four: my life and hard limes ... - Jim Bouton - Google Books ~You Web Imllges Videos Mllps Page 1 ofS News Gmail More- Sign in Acvan=ecl[8~i{~1 AbeBooks ,l!,rTlClWn Ball four: my life and hard times throwing the knuckleball in the Big JD 00 Leagues o Jim '-,-- Find in a libr Ejsellers .,. New[ Shop for Goog[e eBaaks BOJ~on 5 Reviews \Norld Pub. Co., 1970 - Sports & Recreation - 400 pages BALL~~ Go to the Google eBookstore for over 3 million GBooks to rGad on the Web, Android, iPhone, iPad, Sony and Nook.. Shop for eBooks now}) FOUR",=r!I==---;- Add to My Library.,. From inside the book I Search I knuckleball _20 100 pages matching knuckleball in this book OtIc of the problems is IJm the hiucn: hale to hit Ilgainsc. III)' knuckleball in battln2 orectke, Thcv doll" like: nilCherr. to work nn Page 43 II ~ , ",.... ouling, however. I ~ITlI~}; out lite first hiUer I fl.la:d 011 fOPI pitcbcs. :lll knu~kleballs. (Don't a,;1r: me: whQ he Wa.5; hiut;o; ~re juu meat to me. WIlen YOLl throw a .knuckleball you don't have to worry about ~b1:n~th:llIIld WCII)(nGSeS, l'm not ~urc they If)Ciln anythin~ anyway.) I notio::d again thlllllhlVN I beller }:nuck.lcball in a game than http://hooks.google.comlbooks?id=FSs9AAAAIAAJ&q=knucklcball 12111/20][ A-476 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 65 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 42 of 158 Rail four: my life and hard times ...• Jim Bouton· Googlt: Books Page 2 of5 Page 141 SRJlpelview lOla ilII4 iI wu $0 daaxI coId--aDd the Amcricaa. Ltap:; • .rJI is de6.- nilel)' bWr tbl.!ll tlIe Pacific coast I....eape baB--th:u 1 cooIdI't get the cbn:u:i thiDg to bml: .t all. Every dnale buctleball J lh«w \I'U 101lia8 over, (I' I~' lidcwa)'S, IIDd I started 10 panic. 1 c:ould ft:el the ~ btuk OUt oa 1IlC. BOd I was alld ~ SlIIClII)' at the same time. Here was •• _ •• ,.,"M._ , ____ -" _______ T . L ___ L . _ . . . . . __ • Get thi~ boo! AbEBooks Amazon _ .......... . Find in a libr 'M1ere's 1hl!! re:n of thi:l book'? All sellers II What people are saying - Write a review Rev iew: Ball Four: My Life and Hard Timll5 Throwing the Knuckleball In the Big LoogutC Usar Review • MacK· _d, User r.ltlngs , 5 stars " stors 3 stilI'S 2 ~8rs 0 Sad In s.-;,y. baseball OUIIllal I am. t/'Iis 0 book staylld billow my rada r IOry!!a.... on 1 ~8r end, ¥ohen it finally became & hrlown quan(ry in my lite as a fan I v;ewed it;as sOlf]l,thing lil!her Iille Great ._ Read full review Review: Sail Four: My Ufo and Hard Times Throwing the KnuckllbaH in the B ig Loll-gUH Use~ REVlevJ • Ja"T\es • Gooc'reads While I grew up ., II family that cheered on the Chicago Cubs (my faher had a ba~eba l from a game he attended with hi s father when he was il boy), the love of bilseball did not n.b off Q1 1TlQ. My .•. Road lull rO'lio .... AII!i review$ ~ Related books .. ) ( Fool Salt My Jim Bouton lite and Hel( The long season Jim Brosnan Tne Bulpen G~pels Dirk Harhurst other editions - View all http://books.google.com/books'?id=rSs9AAAAlAAJ&q=knuckleball 12l11nOl[ A-477 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 66 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 43 of 158 Ball fo ur: my lire: and llard limes ... - Jim Booton - Google Books Page 3 of5 Get this boot AbeBooks AmazO:l Find in:oJ lbr AI15cfters :t Ju112, 1990 Snlppel view Common terms and phrases ;n;<'ed AalrOli bal~b "dg~"C:I El ld~!'f boy3 BIabeIKler OI.mr balgame b31 p;;IlII Don Mincher Gary Bell "L)g0llt bullpen Gtlller ~!lInQ ~_ knuckleball pitch pitcher callelJ Qk:1J I:iIUer dub fol: clubhouse c:oaGII Fred Talbot .,nNy guys :U~M<I HilnyW<1lW" I"fe!)5fI ne. Jim Boulon Joe Schultz J .......y kids I\ird m;wQge<" Marty Pattin Marvin Milkes MeHeMty rever n;.,tl O'Donogl"ue Ol<ar o:.l1liel~ PiJ\Ilillroroi Pdln pe.nanl Ray Oyler Sal Maglie Steve Barber Steve Hovley pta"( ",Qt\y R::IMW PkJI¥ $illi~g ~ 1I 1i1100g started thing Ihough! !.hr, .. told b.I ... b.:ID pl;rycr b.:Itliog pr,let'O: bog going gcess liOVl"ej I«I<et look Mike Marshall w .. Eddie aBrien faslball feel hitter heme IU"l HoW< t...t ..field H~ ~;oI1p~er B...y Tommy Davis 5""'" waso1 Snm 'Ule 1~l k lell tnele's tonight Iryfrlg "mpi,. V~VQr "aI~1XI ,.,""' Yankees Ye5~ References to this book From GooSlo Scholar Eamus Cotui John Ncrot"\e - 200 8 - Joutnat or Sport I!nd Sodal Issues References from web pages Th e OreyfuS ~r The NabJal8aUFour: My Life and H<lro Trncs ." Ba. f(lur: My Lie and Hard TImes ThrOYllllQ tile Knud\lel>a!1in the. Big Leagues. Cllambertafri. Wit. A View trom P<bI::Ne New Y"oflc Rarnom House, 1991. His ... www.&~c.wisc.oduI ~jp1i avV 6471 vi deo.pdf Bol Four: My Life end Hard TImes Throwing L,e Knuckleball in the ... Fomrer pilchel Ji'n 80uton's Bal Feu: My LiCe and Ha:u Times ThfOVIing the Knucklaball In lhe http://books,googie,com/books?id=FSs9AAAAlAAJ&q=knucklcball 1211112011 A-478 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 67 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 44 of 158 Ball rour: my life and hard times ._ - Jim Bouton - Google Books Page 4 of5 (!ig leagues (1970> i$ a bYIy alld hc:nest reGOUnting oflhe ._. www.bntamica.com/eblIO&lc.908049JBaI -Four-My-Ufe...am...Ham_TW1.W5-TflfOWing-IheKnuddeball-in-Ihe-Big-leagues Ball ftx.r; my lif" and nard li'nes Ihrowing tile kruc.1c;1eOOI1 in tho •.• Bilil fol..-; my life and hard timeslhrowil1Q the kruclI:lebaIl in the big •.• THINGS CONNECTED TO "Ball four. my lire and hard 1irres throwing the knuckleball in . harpers.org' $ubjeclSl BallFourMyUICAndHardTirnesThrowing TheKnucl:leballlnTheBiQLeagLeSBook GE!t this booI AboBooks ....mazon Find in a IIbr Aftselle~ _ Jim Bouton - BR Bullpen Jim Bouton: Bell Four. My Ufe and Ham Times Throwing the Knuc.'<leball in the Big Le<loues (1970); Jim Boulon: 83K Four plus Ball Five (1981) " www.baseball·rererence.com/bullpenf Jim _ BoutoJl Happy Birthday. Jim Bouton K Ron Kaplan's BasebaU Bookshelr Bflll Four My Life and Hard Times Thr<Ming the KnLlckleba. in the Big ~ . I Managed Good, but Boy t:i<l lhoy Ploy BOO ." i1Isbaseb<lllbOokshel f.woJc·pI'ess.comI20061 031 06J happy-birthday-jim-boutonf Jim Boulon Biogaphv (Baseball PlayeuWriter) - raclmonsh:r.oom Ball Four by.Jm BoUlen; Ball four: My Ute and Hard Tmes Throwing tIw I<1u:kI,b311in the Big lca;Jucs by Jim Bouton: I'm Glad You Didn'1 Ta:~e 11 __ _ ."W\v.laCllTlOnsler.com( biograph.,J vall irnbouton.html J,m Pagliaronl BibJ io5;raphy I basebatliblary.oom Ball four: My life And Hard Tines Throwing The KIlucldebailln The Big ~ by BoI.-ton. Jim, Edtc<j 8y Leonard Shecter. Hardbound Book (New Vorl(: World . ....mv.basebaIBi'o:ary.coml baseb allibraryl sabr' tbit' PI PagliaronLJim.ti.sttn Bibliographic information Titlo 8311 four. my lilo and hard times throwWlg the knudlleball Wl the Big Leagues A,tho< Jim Bouto" Editor LGOrl;Ird Shect9r PubllSher INor1d PLlb. co.. 1970 Length "l00 pages Subjecls Sports & Recreation I 8asebilill Gen eral Bueball Baseball players Sports 8. Racraalion I Baseball I General Sports 8 Reere;J"on I BaseOOIII HistOl)' Export Citation 81sreIC About Coogle Boo:~$ - rrivlIC)' ["olio,' - Terms of Service - Clog - Information for Pubtis:-ters • Report an issue - Help - Silemap - Google HCfTle http://bookS.googJe.comlbooks'!id=FSs9AAAAIAAJ&q-,knucklcbali 1211112011 A-479 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 68 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 45 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books ©2D11 Google Page 5 of5 Snipp!lt vi!lW Get this bool AbeBooks Amazon Find in a If); Allsell!lrs http://books.google.comlbooks?id=FSs9AAAAlAAI&q-knuckleball ~ 12/11/2011 A-480 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 69 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 46 of 158 Ball four: my life and hard times ... - Jim Routon - Google Books t Page 1 of5 You Web Images Videos Mi!lps News Gmail More- Sign In AdViln::ell lBetill9sil/3llJOl AbeBooks Ama;:on Ball four: my life and hard times throwing the knuckleball in tile Big Leagues , ~D DO .--- ! '--_. Find in a libr t:]sellers • Newl Shop for Google eBooks Jim Bouton 5 Reviews World Pub. Co., 1070 - Sports & Recreation - .0400 pages BALL~~ Go to the Google eBookstore for OV9f 3 million e800ks to read on the Web, Android, iPhone, iPad, Sony ami Nock. Shop for eBooks now)) FOUR ;""'~~-=- • Add Lo My Ubrary .,. From inside the book I Search I homers 3 pages matching homer.!! in !his boof< Page 32 early &amCo1, but it look., like I'm aot ,goiag to be ready here, It'!!. quite different from my last spriDg with lh~ Yallko::s in 1967. I was rca.Ily imprtUtve, light from !be beginJ!-ing. I ~d the dub in innings pitcned with thirty. and T gave up ~ ft:We$t bit!, fifteen, alld no homers and only two O£ tluc:e ~ hit:i. My ERA was .092, wbich meKns lQ.5 Page 1.<15 who hit one of the h~rs on: me. Meanlllhile, il:I th.!: dllgoUl, I fO\Uld otlt from D:urc1l BraodoD. that Sal had thrown a 6l when the home l'UIlI WIl5 hit. He had iI, toothpick in hZ moulh .!II IlJc time IIDd be Ihmo- it bard on the ground (so hanl a me may y~1 grow on tile ~po!) lind saio.1, MJesus, 1le'5 got (0 start ., ... . http://books.google.comibooks?id=FSs9AAAAlAA1&q=homcrs 1211112011 A-481 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 70 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 47 of 158 Ball four: my lift: and hard times ... - J im Bouton - Google Books P:agelof5 -I P~2~O .., . ......... ...... ... Srl~t v"i:ffl" , Fad TIlbct R)'S thaI alkl listwiDg to ~ in thex lJICIII:'t1np ))c:', cSeci:tcd vIlal kind Gf piteber he must hlll't: been. NA JODlbtr." Talbot uJd. "A real ntathcr." Mother MagUc Wo said in. the IIlcctiD~ that oat way 10 IaaDdk Jacbou .u IKlt 1(1 tlul1W him uy 5I:rike:s. So JacboD bit lhn:e bCllDm I Get this booI AbeBook, Amazon I Where's tha rast of \hIs book? Find in:iil libr All sellers D What people are saying - Write a review Review: Ball four: My Life and Hard User r.lt ings Times Throwlna tne Knuckleball I" tho Big Lng,,08 User Review 5 stars 4 - MacK· 4 ~ta rs 3 stars Good-x 2 stars 0 Sad k:I say, b<m!b<lU nut \h<l t I am. this book stayed bEllow my r.ubr for years on 1 star 0 end. when it finally bec.une a knO'Ml qllomlity in my "e as a fan I viewed il as sametlling ra:her Ike Great .. Re;:1!1 full review Rr<vi,·.v; Ball Four: My Life and Hard limn Throwirlg the Knuckleball In thr;: Big Lr<ogues User RevieW - James - Goodreads \lVhic r graw up In a family tIOI. c:teered on tie Chicago Ctbs (my father had II ba5ebal1 from a gain!!: he attendttd witl1 his father when he was a boy). 1he loVe of baseball did not rub o~ on me. My •.• Read full reviaw All 5 reviews ' Related books l ( ',;:' FoulSclt My tile Dnd Hare Jim Bllulon The Ioog scaSM Jim Brosnan The Bullpen Gospels Dint Hayhurst Other editions - View all http://books.googie.com/books'!id= FSs9AAAAlAAJ&q-=homcrs 12/1112011 A-482 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 71 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 48 of 158 Page 3 of5 Ball four: my life and hard times ... - Jim Bouton - Google Books Get this bool AbeBooks Amazon Find in a Ilbr Allsellere _ Jul 12. 1990 Snip~t view Common terms and phrases <:lsked IIGlroG ballclub ballgame oo·lpork bDllplo.·,.cr 8"n.~ bD~ OO$cbo.l ~To.ycr bo.tti~9 pr;x:l.icc bi9 lea~ues Blefary DO/S Br"bemler Dierker Don Mincher Gary Bell hitter homerun llouk Murl l~ghQd Mike Marshall pitch P.lots pitcher thing thought !hIe\'.· told Yankees in~.rd going Jim locker look guess guys clubhouse ccacll Fred Talbot fool !elt fenny haplIIlf1O<1 Harrywa"ker Hegan he:! Bouton Joe Schultz Johnny kids t.;od m~r.ll.ger Marty Pattin Marvin Milkes McN.rtn9~ ne,er n;yllt O'Donoghue Ok.<.y oulfield PagHaroni PiIIlin p.'rm~nt play pretty Si~rng spl1ng 1",lnlng I;iIled eaten calcher club Eddie O'Brien fastball Gelnar get\in~ goddam knuckleball Mtdmy dugoul bullpen started R~n_ Ray Oyler Sal Maglie Steve Barber Steve Hovley Tommy Davis "",red season Se3~re sure talk len there·s ton:ght tryin~ urnpore VJncou~er "",tked worm Yo;«h References to this book From Google Scholar Eamus Catuli John Nerone 2DOB Journal of Sport and Social Issues 0 0 References from web pages The Dreyfus Affair The Natural. Ball Four: My Life and Hard Times Ball Four. My Life and Hard Tines ThrowinQ the Knu~leball il the. Big leagues. Chamber1ain, Will A View from Above. New York: Random Houie. 1991 His ... W'ltw.ssc.wisc.edu/-jpiliavil6471 video.pdf 0 .. Ball Four: My Lile and Hard Tines Throwing the Knu~leball in the ... Former pitcher Jim Ba"ton·s Ball Four. M1'Ufe and Hard Tines ThroWing the Knuckleball in the http://books.googlc.comlbooks?id=FSs9AAAAIAA1&q=horncrs 12/1112011 A-483 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 72 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 49 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books Big Leagues (1970) is a funny and hDm~st recounting of the ... www.brit.mnica.comfebltopic-908049! Ban-Four-My-Ufe-and-Hard-Times-Throwing_the. Page 4 of5 Snilllle:l view Knucklebell-in-tI1e-Big-Leagues Ball four; my life and hard times throwing the knu~leball in the ... Ball fDUr; my life and hiUd times thrawinglhe knuOl:letJall in the big ... THINGS CONNECTED TO 'Ball four; my life and hard times throwing the k.nud<!ehall in ... Get this boo! AbeBooks Amazon harpers.crg! subjects! BallFcurMyLifeAndHarcmrnesThrowlngTlleKnuckletJalllnTheBlgLeaguesBcok Find in a libr All sellers Jim Bouton - BR Bullpen D JIlTl Bouton: Ball Four: My Life and Hard Times Throwing tI1e Knuckleball in the Big Leagues (1970); Jim Boulon: Ball Four plus Ball Five (1961) ... www.baseball-reference.ClIm!bullpen(Jim_Bouton H.:appy Birthtlay, Jim Bouton K Ron Kaplan'!': Ba;:ebaa Bookshelf Ball Four My Life and Hard Times Throwing the Knuckleball in the Big Leagues· I Managed Good, but Boy did they Play Bad ... rksbaseballtxxJkshelf.wordpress.r.oml 20081 031 081 happy-birthtlay-jim-boutonl Jim Bouton Biography (Basebflll PlayerllNriterj - factmonster.com 8all Four by Jim Boulon; Ball Four: My Life and Hard Times Throwing the Knuckleball in the Big Leagues by Jin Bouton: I'm Glad You Didn't Tal<:e It ... WVl\V factmanslercoml biographyl varf jimboulon.html Jim Pagliamni Bibliq;;raphyl basetaillibrarycom 8all Four. My life And Hard Times Throwing The Knuckleball In The 8ig Leagues by Bouton, Jim, Edited By Leonard Shecler. Hardbound Book. (New York.: World ... wvlW.basebalnibrary.com.' basebaillibraryl sabrllbV PI PagliaronLJim.tbi.stm Bibliographic information Tille Ball four. my life and hard Urnes throwing the knuckleball in tI1e Big Leagues Author Jim Bouton Editor Leonard Shecter Publisher \Norld PUb. Co., 1970 Length 400 pages Subjecls Sports & Recreation) Baseball J General Ba~ebell Baseball player.; Sports & Recreation 18asebClilI General Sports B: Recreation I Gaseballl History Export Citation BiBTeX Endllote .""'" Aboul G~:e Books· Privacy Policy - Terms of Sel'lice - Blog - Information for Publishers - Report em issue - Help - Si:emap - Google Home http://books.google.comlbooks?id'''PSs9AAAAlAA1&q-homers 12/1112011 A-484 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 73 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 50 of 158 Ball fmlr: my life and hard times ... - Jim Bouton - Google Books 02011 GoogIe Page50f5 Snippet vie'.\' ,_ Get this boDl Amazon Find ill a libr All selll:!r5» http://books.googic.com/books'?id::FSs9AAAAIAAJ&q- homcrs 12111/2011 A-485 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 74 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 51 of 158 Ball four: my life and hard times .... Jim Bouton· Google Books -tYou Web Image~ Videos Map:;. News GrT'ail More- Page 1 of5 Sign in IsUbmilol Coogle pook$ AmnOi£'dffie!lit&!!abool AbeBooks mazon Ball four: Find in a libr my life and hard times throwing the knuckleball in the Big r:iserrers " Leagues o Jim New] Shop for Google eBooks Bo~ton Go to the Google eBookstore for over 3 million eBooks to read OIl ths Wet>, Ardroid, iPhons, iPad, Sony and Nook. 5 Reviews World Pub. Co., 1910· Sports & Recreation· 400 pages Shop for eBooks now» Add 10 My library.,. From inside the book I Search home run <16 pages matching home "In in lI'1is book: Page 62 up imo Ihl: infield and Tile CCilonel would 1001:: down Ihe bc!\Ch and :!Jly. "'The boy's raslball is moving. The boy's fastb.alils rising." Two innings laler, ~me situation, the. very same pitch. home TUlI inlo the Iclt-ticld SCOllS. The Colonel looks up and down Ihe bench and Slly5 very wisely, "Got the billl up. You sec what ...,........ .. .... 1. hap~ns ... .......... ....·hen you get the b~1l up?' .. _' ..' L.,.. , , .. I.~.' ~, -. Page 81 lUCl1 ACWIIlIi IlIIS EI gouu liIO[)' D~ II:llS ID UR iSIlQ1ll \leUl. Jt goes back. to when we WCTC pla)lwg against CiK:h other in the Of05S·B CaroIin:1 League. Rk.h bad bit two bome runs in the first game of a doubkhc.ader anti. the dub bll!l lOme deal tbal anybody who Ilir. tht= pglD1: JlllIJ; in one day would get $300. So the nther players 011 RdliIlS' I .. " ... ,,,It! hi ..... n n,,'n ",.r ..."r .... r N"nr. l{~ .......h", ~NI a ... M".. ." ...11 http://books.googic.com/books?id=FSs9AAAAlAAJ&q''"'home+run 12/11/2011 A-486 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 75 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 52 of 158 Page 2 of5 Ball four: my life and hard times '" - Jim Bouton - Google Books I Page 321 w many games Ihili year," she said. ". ~I "Why sbould you get I1etvOUl? DeIVDU5 c...ay day," I don't. Exoept once: in :I while:' Get tIlis baa "I don'tlcnow, bid 1 do, And ~ery time they hit II. home JUJ1 oS you. 1 jus.t get ~ict to 5h;!ma~b, I ~oout IKIw YDU ted, tou, m, boc::allSl!: I want Snippet view AbeBooks ""'' rrJ Amazon you 1£1 be happy," Find in a Ilbr An seller!> D VVhere's the rest "fthis book? What people are saying - Write a review Re\liew: Ball Four: My Life ami Hard Times Throwing tho Knuckleball In the Big Leagues , 5 stars 4 stars - MacK- UserR9viaw User ratings 3 Goodreads sta~ 2 stars Sad 10 say, baseball nut Illat I am, Illis book stayed below my radar for yea~ on 1 star a a end, when It finally became a known quantity In my lira as a fan] viewed it as somellling ralller like Great .,. Read fu:t review Re ...iew. Ball Four: My Life and Hard Times Throwing the Knuckleball In the Big Leagues • James - Goodrelids User Review VVhile I grew up In a family Illa! dlee~d OIl the Chicago Cubl:; (my rather ha:l a baseball from a game he attended with his father when he was a boy), the love 01 baseball did not rub off on me. My ... Read fu l revi~w All 5 reviews ]) Related books -':.~~::.:..-;,;_;:;. -:r~5 FOUL SA Ll. "~~~:: ~';:;:': . • ;';'_ P..1.nT II { ) JIM BOUTON] Foul Ball: M,.- Ure and Har( Tile long season Tile Bullpen Gospels Jim Bouton Jim Brosnan Dirk H~yhurst Other editions - View all http://books.google,corn/books?id- FSs9AAAAIAAJ&q'''home+run 12/1112011 A-487 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 76 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 53 of 158 Ball four: my life and tJard times ... - Jim Bouton - Google Books Page 3 of 5 Snippet view Get this boo! AbeBooks AmazorJ Find in a ~br All JU112. 1990 sellers J Snippet view Common terms and phrases a:s!<.ed !\Slros ballclub b~mgl.me bal'park ballpl~yc r SO"", basc baoe,.,11 pl3)'er ,.,tUIIg j)fil{;\ca big leaOles Biela", boys Brabender Dierker Don Mincher Gary Bell HOlIk hlJ(j Innel!! knuckleball I~"ghed Mike Marshall pitch pitcher called ealch cale1er club Eddie O'Brien fastball G.lnar g"fting godcbm hitter Ilo!!l~ ILn "'id<1!y dl.l!loot bullpen feel clubhouse CQ~ch ret. Fred Talbot IulnY guys hap;-1Od H~rryW~ll<er Hogan hell Jim Bouton Joe Schultz JOhm~ kids icna ~uess going locker look marager Marty Pattin Marvin Milkes never nigh! O'Oonoghue play pretti Rarlew OKa~ outfield Pagliaroni paftin Ray Oyler Sal Maglie 5OOrod se~s=n McNertnc)' pennanl Se.j'je Pl'r>I~ ~;Hln" spnna1minif1g started Steve Barber Steve Hovley sur~ talle: lell Ihere"s thing Ihol.l!lht threw told Yankees Tommy Davis tonight tryi1g urnpi:e Varcouver waH,ed "'~"m Yeah References to this book From Google Scholar Eamus Catuli John Nerone - 2008 - Journal of S;>ort and Social Issues References from web pages The Dreyfus AHair The Natural, Ball Four: My Life artd Hard Times ... B::.II Four My !.ife and Hard Times ThlOwing the Knucktebell in the. B"g Leagues. Chamberlain, 'Nilt. A View from Above. New York: Random House, 1991. His"" WNW.SSC, wi5c,edu/-jpiliav!l647! video.pjf Billl Four; My Life and Hard Tirrl€5 Throwing the Knuckteball in the ... Former pitcher Jim Bouton's Ball Four My Life and Hard Times Throwing the Knuclcleball in the http-J/books.google.comfbooks?id- FSs9AAAAIAAJ&q=home'trun 1211112011 A-488 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 77 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 54 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books Page4 of5 Big leagues (1970) is a lnl)t and t'Ilflest recounlil'll of me "'''MV.b~nnlc; .comf riOIlopic;.9()8O.(9J Bal-four·My-l.ife..rod-Hilrd-Ti~Tluowl"g-IhoKnuddl:bIlIHn-Ihe-aig-l.eagues SntJPl!! view Ball fOl.l'; my life end hard times thlO'Ningthe krucldeball in the ... Ball f~ my l:f8 and hard tImes throwing the knL.d<IeIlaH in the big. THINGS CONNECTED Gat this boo! AbeBooks TO 'Bilil four, my life al'ld ham timas throwing thQ knud:leball in ... Ama:zCfI h!lrpe~.orgl slbject.sl BaIIFOlXMyLlfeAnaHardTImesTlYO'o'JingTheKnuckleba.lllnTheBig..ea.guesBook Find in a libr All sellers • Jim Bouton· 8~ Bullpen Jim Bouten: Ball Four. My uta and Hard Times Throwing the Knuci<leb.:l1l in the Big leogue3 (1970): Jim Bouton: Bell Four plu'!! Ball Five (1961) 'NWW,baseball-referenC9.comi blJllpeni Jim_Booton Happy BirtMay. Jim Boutol'l .. Ron Kaplan's Basebal Bockshelr SOIII Four My life a",d Hard Times Throwing the Knuckrebal in the Big Leagues . I Managod GOQd, but Boy did the)' Pley B~ ... r1'isbasebaltlookshe:r.wor¢rIWl .CMlllOO81 031 081 happy-Drthday~im.boltonl Jim Bouton Elioo'aphy (Basebal PlayellW~) - fattmoos ter.com Ball Four by Jim Boukln; Sail Four: My Ule and H3ro Tmes TIYowing the Knuck IE~ 1I in Leagues by Jim Bouton; fm Glad You Didn't Take II __ . the Big 'NWW.factmOnster.o:mI b~.3phyl v.311 jirT,bouton html Jim Pagliaronl Blbllr:l(1'aphy I basebalilibrary.alm Ball Four: My LifG And Hard rrmes TlYowing The Knucldcbali in The Big t...eagues by eo...ton. Jim, Ed:te(S By leonillrd Shedill. Ha!dxuld BOOK (New YOlK: Worl d .__ www.base"Oalllibrary.coml bas&ballibfaryl saM tbif PI PaglraronLJim.Itli.;1rn Bibliographic information TiUe Bell four: my ~fc and hard times throwing the knuckleball In Ihe Big leagues Author Jim Bouion Editor leonard Sheeler Publisher Worid Pub. Co., 1970 L",," 400 pagl; Subjeds Spcrts So Recreation) Baseball ) Geo1e;al Buetell BaSEball players Sj:crts & RQerQ3(on / Baseballl Genefal Sports & Re<:A!!i!lhon / Baseball I His:ory 8i8 T&X Endll oa AOOJt Googre Books - Prh'acy Policy - Terms af Service - Blog - Informat on for PuDllsl'lers - http://books.goog!c,com!books,?id- FSs9AAAAlAAJ&q=home+run ~epo n an I~SlJe - Help - Sitemap - Google Home 12/1112011 A-489 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 78 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 55 of 158 Ball four: my life and hard times _. - Jim Bouton - Google Books ©2011 Google Page 5 of5 Sn~pel view Get this bolll AbcBooks Am,,,,, Find in a libr An seller:s http://books.google.com/books'?id- FSs9AAAAlAAJ&q- home+run ~ 1211112011 A-490 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 79 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 56 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books +You Web Images ViCeos Maps Page 1 of5 News Gmail More· Sign In I Submit Ball four: 01 Adlr.lncedBookSe=n my life and hard times throwing the knuckleball in \he Big :000 Leagues -"- New! Shop for Googte aBooks Jim Bouton Go to the Google eBookstore for over 3 million eBooks to read on 5 Reviews World Pub. Co" 1970· Sports & Recreation· 400 pilges the Web, Android, iPhone, iPad, Sony and Nook. BALL _ _ .. Shop for eBooks now» FOUR.e:_ -!f:=-- • Add to My Library., Snippet VieW From inside the book Get this book I Search I 'Eddie O'Brien Abe800ks Amazon 22 pages matchi~ Eddie O·Brien in this book Page 75 find in a library AI: selle~" picnie. 1 think toaCh Eddie O'Brieo is goinG to prove a gokJ-.plaled pUg ill Ihe :us. He m~t think hc·~ Frank Croselti 01" somethillg. bec3USoe when I reached inll) his baUbag he said, "What arc you going to dD with h?" I i ..i Page 105 ....." .... HI"''' w,""u=, " " " " " &aI~ ...... ,IRJ .au ................... O'BriCII is one of the hilly Camow: bukelbiID O'Brie.ll twins who played. with Sc.IInJe from '49 to '53. Aduall}' his job is a!blt-1iI: ditKror al Seattle U. but he had fG\l.T yews. in the hig leaguea with the Pirawas i.cfieldcf and pilCher-aJld no::JW he'll here as a frierJd or JDfID~1 (m bl::Q.lL'IC hi.!; I1mrher i!; in dr .. gn\l~mmc.nt \ III per hR lif:rh w.:ar in http://books.google.comlbooks?id- FSs9AAAAIAAJ&q=Eddie+O'Brien&source=gbs_ wunl _cloud_ r&cau= 5 12111/201 I A-491 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 80 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 57 of 158 Page 2 of5 Ball four: my life and hard times .. , - Jim Bouton - Google Books Page 307 'Ibm: must bave beeI'I ~ mming mit of my Eddie O'Brien nid, "'Go tI.k~ a ~," ItM!. by DOW, be. CIoUIC Wllere's the rest af this book.? What people are saying - Write a review Review: Ball Four: My Life and Hard User ratings lime:!; Throwing the Knuckleball In 5 sta~ 4 stars the Big Leagues - MOlCK- User Review 4 Goodreads 3 stars Sad to say, baseball nut that I am, this 2 stars a book stayed below my radar for years on 1 star 0 end, when it finally became a known quantity ill m}' life as a r,m I viewed it as something rather like Great .. , Read full review Review: Ball Four: My Life and Hard Times Throwing the Knuckleball in the Big Leagues User Review wnile t grew - James - Goodreads up in 8 tamil}' that cheered on the Chicago Cubs (my father had a baseball from a game he attended with his lather when he wa5 a boy), t~,e 10VII of baseban d:d not rub off on me, My ... Read full review All!:> reviews ~ Related books '''' .....~" "r. I.O~G .. ) ( i',; Foul Ball: My Life and Hare ThE! long !':R8!':0', Jim Boulon Jim Brosnan TI".8 BUlpen Gaspels Di;k Hayhurst Other editions - View all hnp:/Jbooks.google.com/buoks?id-=FSs9AAAAlAAJ&q=Eddie+O'Brien&source=gbs_wonl_cloud_r&cad=S 12/11/2011 A-492 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 81 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 58 of 158 Ball four: my life and hard times ,.. - Jim Bouton - Google Hooks Page 3 of5 Ju112,1990 Snippet lI:ew Common terms and phrases a5keci AW~ ""'lctJb ballgame WIlP<lf~ bililplafer ~~n~1 base Das.fw l pla/er w:ti,y P'''':;''''' big I~"gues Blefa'Y b:,.,. Brabender bullpen ~amed c"tch calche' club clubhouse CO;Jeh Dierker Don Mincher Gary Bell hitter Eddie O'Brien homerun HIJU~ hun ilneJG :~ughed Mike Marshall pitch pitcher Fred Talbot 1I.Ill1, guys happened HarryW,,'ker Ht!; ~n hell Jim Bouton Joe Schultz Jonnny kids Kind Ic:cler look mar.ag~r Marty Pattin Marvin Milkes ....,~Nerlney never night O'Donoghue Okay play preny Rane.v thing lhouQht threw lo'd OUI~eld ?a~ijamnj p"ttin pm"an! Ray Oyler Sal Maglie Plol, sming sprilltJ1ra;ning sLarted Steve Barber Yallkees fastball feel le:t G.lnar g~ttin" goddam going gue~s knuckleball Mic).ev cugJul Steve Hovley Tommy Davis tonight tryirIQ =--oJ :5eawn Se~~le sure tall< Ie. Ihere's u"'p-,~ Vancouver walkec worm Yeah References to this book From Google Scholu Eamus Ca(uli John Nerone - 2003 - Journal or Spert and Sodal Issues References from web pages The Dreyfus Affair The Natural. Ban Four. My Life ard Hard Times ... Ball Four: My Ufe and Hard Ttmes ThrOWing Itle l<nuckleb13l1,n the, Big Leagues. CharnberlOlin, Wilt. A V:€wfrom Above. New York Random House, 1991. His, www.ssc.w.sc.edu/-jpiIIClvIl647/video.pdf Ball Four: My UfE! and Hard Times Throwir:Q tile I<nuck.leballin the .. , Former pitcher Jim Bouton's Ball Four: My Life and Hard Tmes ThrO'Ning the Knuckleball in the http://books.google,com/OOoks?id=FSs9.A.AAAIAAJ&q=Eddie+O'Bri~n&sDlln::.e=gbs_word_cloud _ r&cad=5 12/11120 11 A-493 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 82 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 59 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books Page 4 of5 Big Leagues (1970) is a funny and honest recountinQ of the. www.britannica.com!etJI topic-908049! BaD-Four-My-life-anel-Hard-Times-Throwing-theKnuckleball-in-Ihe-Big-Leagues my life and hard limes Ihrowing Ihe knuckleball in the _._ 80111 flJUr; my];fe and hard times throwing the knuckleball in the big ... THINGS CONNECTED Ball four, TO 'Ball four; my life ami hard times throwing IIle knuckleball in. harpers.orgl subjectsl BallFaurMyLifeAndHardTlmesThrowingTheKnuckleballlnTheBigLeaguesBook J1m BoulDn - BR Bullpen Jl"n Bouton: Ball Four. My Ufe and H~rd Times Throwing the Knuckleball in the Big Leagues (1970); Jim Bouton: BaU Four plu~ Ball Five (1981) . ....vlW.baseball-referencs.comf bullperi Jim_Bouton HEPPY Birthday, Jim Bouton « Ron Kaplall's Baseball Bookshelf Ball Four My Life and Hard Times Throwing the Knuckleba Rin the Big Leagues· I Managed Good, but Boy elid they Play Bad ... rl<sbaseballbod<shelf.wordpress.com!2008! 03! 081 happy-birthday-ji.1l-l:n.ilonl Jim Bouton Biography (Baseball PlayerNVrHer) - faclmonster.com Ball Four by Jim Bouton; Ball Four: My life and Hard Trnes Throwing the Knuckleball in the Big Leagues by Jim Bouton; I'm Glad You Didn't Take It ... wwwfac:tmonsler.comlbiography/var!jimboulon.hlml Jim Pagllaroni BlblioQraphy I basebalilibr8ry.c:cm Ball Four: My Ufe And Hard Trnes Throwing The Knuck]eball]n The Big Leagues by Bouton, Jim, Ecrrted By Leonard Sl":ecter. Hardbound Book. (New York: World ... II'oww.basebattHb!"ary.comf basebalttibraryf sabr/lblf PI Pagtlaroni_Jim. tbi.stm Bibliographic information nUe BIIII four. my life lind hard times throwing the knuckleball il th= B:\l League~ Author Jim Bouton Editor Leonard 5hecter Publisher World Pub. Co., 1970 Length 400 pages Subjects Sports & Recrealiofl ) Ba~el.J<l1l ) Gt:ner<ll Baseball Baseball players Sports & Recreation f Baseball f General Sports 80 Recreation f Baseball! History Export Citll~on E ndltote Abc:ut Google Books - Privacy PoliGY - Terms of Servjce - B]og - Information ror Publi:;hers - Report an issue - Help - Sitemap - Goog]e Home http://books.google.comfbooks?id- FSs9 AAAAIAAJ&q- Eddie-;.Q'Drien&sourcc-gbs_word_cloud_r&cad-5 12/11120 II A-494 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 83 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 60 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books Page 5 of5 ©2011 Goog!e http://books.google.comlbooks?id-FSs9AAAAIAAJ&q-Eddie+O'Brien&source-=gbs_word _cloud J&cad- 5 12111/201 1 A-495 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 84 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 61 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books +You Web Images Videos Maps News Omail Page 1 of5 More- Sign in 1Submit 01 Adv'an~W~1 AbeBooks Amazcn Ball four: my life and hard times throwing the knuckleball in the Big JD 00 Leagues , i--·· ~-., Find in a libr Ejsel!ers )j New] Shop for Googll! l!80oks Jim Bouton 5 Reviews World Pub. Co" 1970 - Sports & Recreation - 400 pages Go to the Google eBook!!tore for oller 3 million eBooks to read on the Web, Android, iPhone, iP3d, Sony and Nook. BALL ,._ Shop for eBooks now» FOUR~ . O!!::==-- Add to My library ... From inside the book balls I Searct1 20 pages matching balls in this book PagE! JJ will go away, bul how am I going II) pitch Sunday? I'm not ready. I hal'en't thrown 10 .spo~ )let. I haven't thrown any cucve balb ill all. My linge~ aren't slrong enough 10 throw the knuckleball light. ]'ve SODe b:!.ok 10 taking two b3Sebolls and squeezing them in my IlDnd to try 10 mcllgtheD my lingc15 and inaeiUC the grip. 1 used to do thit Page 186 .. - -- ---r -- -- ._- ---'D'""' - - - - , . . - -. . . - . - - - - '--r---' guartnleed. 8Jk.iog me wily 1"m Dot wearin!ll my earlIRp." Between in.D.ings of the game I gol up in the buUptll and worked 'Vritb. the iron bi!.ll Mite MilJ'Ulilll keeps 0 .. 1 there. ToI\1Qt Wi1!5 certain I WI!ll only doing, il so I wollld ~t on relevisiOll. 1IIld mlybe I was, putI,. After (he third time up Talbot uld, "JC$lIS Christ, Bou1l;l.ll, why doD"! http://books.googlc.com!books?id-FSs9AAAAIAAJ&q- balls 12/11/2011 A-496 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 85 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 62 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books Page 2 of5 Snippet view Page :390 8U~ r l W IJ.1C IoII;:"Cll111 .... U .I. and ~d, baIl~ ""''''''' W Willi ,,,,1,1 U\I.I. IWU IWWCI_ uu lUU Pete Rose up. Rta1 clutch sibLatio.o. I throw two knuddc- Get this boClI for bal.I..!I. Edwards call! for a fas!ball and I shakt: him oft. Rose is AbeBooks just goins: to rip Ill)' fastball. I know iL So I lhrow a knad:Jeball for It. strike. another ImUlOkJcbUI for a foul b.ill. Il iNrd for Itrike tJmc. and Am,,,,, "'"" ntr t ..... """""M Find in a IIbr An sellers ~ VVhere's the restofthis book.? What people are saying - Write a review Review: Ball Four: My life anti H:lI"lj User ratings Times Throwing the Knuckleball in 4 5 stars 4 stars 3 stflrs the Big Leagues User Review - MacK- Goodreads 2stars Sad 10 say, baseball Ilu\ that I am, Ihis book stayed below my radar for years 011 1 star 0 0 end, when it finall,.- became a known quanlity in my life as a fan I viewed it as something rather like Great .. Read full revl~ Review: Ball Four: My life and Hard Times Throwing the Knuckleball in the Big Leagues User Review - James - GoodreMs W'h~e I grew up in a family that cheered on the Chicago Cubs (my father had a baseball from a game he altended with hiS father when he was a boy). the l<Jve of baseball did nolrub off on me. My ... Read fuR review AilS reviews, Related books '" ,-o""G ( ~A.<;(l~ ) ~. Foul 6al : My- Ufe anj Hare Jim BO·Jlon TI-.e Icn2 season Jim Brosrall Tile Bullpen Gospels Dirk Hayhurst Other editions - View all http://books.google.com/books?id-FSs9AAAAIAAJ&q"''balls 12/1112011 A-497 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 86 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 63 of 158 Ball four: my life and hard times ... - Jim Bouton - Googie Books Page30f5 SniJJpel vie"" Get tillS b001 AbeBooks Am,= Find in a Iibr AU sellers ~ Ju112,1990 Snippeilliew Common terms and phrases ~~kcd kllros t.allclub ballgam~ ba~par1< b~I","'yer 8n'c~ base ba~bal player b'lling pruc:tice big [EiI.ues Blefilry oo';s Brabender Diemer Don Mincher Gary Bell hitter homerun f!ou~ hurt pitcher io~eld P.IOI' Silti1g sprlngtr.;lnlng slaned Yankees roach Fred Talbot fUl1ny gue~s Marty Pattin MalVin Milkes never night O'O'J:roghu" Okay culfi"Td pl3y pretty thing trough! threw 1~ld fcc: fc~ clubhouse guys happen... HarryWall<er H~an h!'!1 Jim Bouton Joe Schultz Johnoy kids itrd going laugb«d lockGr look manager Mike Marshall pitch caned catdl cald"1~r club Eddie O'Brien fastball G!lnar geHin~ goddam knuckleball Mldo,ey cugoot bullpen ?a!lli~r!llli R~new Ray Oyler Sal Maglie Steve Barber Steve Havley Tommy Davis McNcnncy pann pennant .cord sca:;;<:ln Se!llilo sUie talk lea mere's tonight \ryinQ U""",'" Vnnca..w<.:r "",Iked vr~rm Yeah References to this book From Googlc Scholar Eamus Callii John Neror:e • 2006· Joumal of SPOl1 and Social Issues References from web pages The Dreyfus Affair The NalUral. Ban Four: My life and Hard Times ..• Ball Four. My Life and Hard Times Throwing Ihe Knuckleball in the. 6lg Leagues. Chamberlain. Wilt. A View trom Above. New York: Random House, 1991. His ... www.ssc.wisc.edu/-jpilievi/647/video.pdf Ball Four: My life and Hard Tirr.es Th~owing Ihe Knuckleball ill tile •.• FOrlTler pitcher Jim Bowon's Ball Four. 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My Life And Hard Times Throwing The Knuckleball In The Big Leagues by Bouton, Jim. EdilBi:I By lE!onard Shecter. Hardbound B~ (NBW York: World. www.basebaIRibrary.comfbaseballlibraryJsabr/tbil PI Pagliaroni_Jim.lbLstrn Bibliographic information Ball four. my life and hard times throwing lhe knucldeball in the Big Leagues Author Jim Booton Editor Leonard Sheeler Publisher WorJd Pub. Co., 1970 Lenglll 400 pages Sports 8 Recreation I Baseball) General Subjects BasebClU Basebal players Sports & Recreation! Baseball I General Sports 8. Recreation ( Baseball! Hislol)' Export Citation DIBTeX Endllole AbDUl Google Books - Privacy Pol!cy - Terms of Service - Blog - Information for Publis!1ers - Report an issue - Help - Sitemap - Google Home http:Jtbooks.google.com/books?id=FSs9AAAAlAAJ&q=balls 12/11/2011 A-499 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 88 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 65 of 158 BaH four: my lite 3nd hard times ... - Jim Bouton - Gcogle Books ()2011 Google Page 5 of5 Snippet yjew Gel this bod AbeB ooks Am,= Find in lj libr AI sellers http://books,google.com/buoks?id-'FSs9AAAAlAAJ&q=balls ~ 12/11/2011 A-500 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 89 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 66 of 158 Ball four: my life and hard time~ ... - Jim Bouton - Google Books Page I of5 Sign in i YOU 1M!/) Images Videos Maps News Gmail More· IS"'mi' ~ GooglI: b99ks Ad\a"1::edlB~ AbeBooks Arnazoa Ball four: Find in II my life and hard times throwing the knLlCklebali in the 8ig bJselerS) JO 00 Leagues Jim • ~br New! 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Tk)"re ase., yeu 10 obey good pittllJDg pMciples; J,;cep lIle ball do"" (11:0& hillers an: .It.igb-baJl hitlas). doIt't make abc pltdl too good (doo" pitch it OV'C! the rooM' of lk plillC). mo¥e. the bait ~a d iMide the strik~ zone aad dl~ge speeds (Uep: the hiller eB bat","), ud ~I &heed of the bit'-':r (when vaca have 1'Iro'O sttilfc.s on a the ~~ http://books.google.com/booh?id=FSs9AAAAJAAJ&q=bali 12111/2011 A-501 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 90 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 67 of 158 Ball four. my life and bard limes ... - Jim BoutOD - Google Books Page 2 of5 P~ 186 .. - - - '--r -- -- ._- ---v-- --- - .,--" -- -- -- - --r- -, !'*Uloid., aWo8 me .....hy I'PI Ilot we:aring my urlIap.BctMcQ iIluiog:J (If r.bc p.me I £01 up in the- buUpco end workal vhh the Iroa ball Mite Marsball keeps 001 there. Talbot WM ~ J Get this boo! _"""'" ...... OIIIy 40=8. i1 so J would ge:t on U!ltYision.. u.d mt.ybc: I wu, ~. After the third time lip Talbot said, "Jesus Christ, BoutOll, why doo'l Amazon Fir.d in Wne:e's lhe rBSI of this tlOOk? (I libr All sellers ~ What people are saying - Write a review R.v[.w: Ball Four: MV Llf. and Harci Times Throwln51 the Knax;klob!!lll in ttw Big Laagues - t.'IacK - User R!lview Goodreads Sod to soy, b35eboJ nllt thOll 3m. this book $Iayad below my fadar fOf years 0," Encl. when it flnar~ beCame 3 kno-/Iln qUBnt:ty in my li10 D3 a U&lIr ratings 5,.., 4 ""'" 3 ..,'" 1 2s~ 0 1 star 0 ton I viewed it as somothing rathef ike Great ... Read lUI review Review: Bill Four: My Life and H.mf TimvsThrowing the Knuc;kklbalt in thv Big Lellgues - Jo.mes - Good:eads User Ri!lview \Nh1 I grew up In a faml ty ttlat cheered on the Q-icago Cubs (my father t1alj a baseb;..l1 ,"om :I 1El game hE :lttondod with his fathE r whEn he was a boy), the love of baseball cid not rub oH on mil. Read full re"ieVf "''1 ... All 5 r~view$ ~ Related books ,. ( ) Four Batt My Life and Han The long season The Burlpen Gospels Jim 8o.JIon Jim Brosnan Dirk Hayhurst Other editions - V iew all ....-.__.- _._.;; ; ;- = = .-.. . ~= -- http://books.google.comlbooks?id=FSs9AAAAJAAJ&q==ball 12111/2011 A-502 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 91 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 68 of 158 Ball four: my life and hard times ,,' - Jim Bouton - Google Books Page 3 of5 Snipp~l view Get this bool AbeB:J:Jks Amazon Find in a libr All sellers co Ju112, 1990 Snippet "iew Common terms and phrases asked ASlfOS baltlJb ballaame tlampork billlpla,er 1l1~e'J base tlasebal player b~\~~g practice tiQ teague. Btefa!)' boy. Br~bender Olerller called Qlch Cllcher club Don Mincher dU!<oul Eddie O'Brien fastball Gary Bell Gcln.r getting godclam hitter homerun Houk hun infield knuckleball Mcley bullpen laughed locker Mike Marshall pitch pitcher play going Jim Bouton Yankees guys le~ Fred Talbot r~r1I1Y h~ppcnod Harry \'\Ia'ker Hegan hell Joe Schultz Johnny kids look m,n<lger Marty Pattin Marvin Milkes never nilht O'OonCl!)l\oe Olt;.y outfield w:lred seaSOll Barber Steve Hovley sure lalk len Tommy Davis kind McNertne'f Pag~~roni Pattin pennarl prettY R~ne'N Ray Oyler Sal Maglie P~ol •• i~"9 .pringlr;:;"ing sbrted Steve thing ltKlu~hl Il1rel'l told gU05S leel clubhouse cooc.'1 Seattl~ IOOre'& tonight lry:ng umpire VanCOJ~er walke<] warm Yeah References to this book From Google St:holar Eamus Caluli John Nerone. 2008· Journal of Sport and Sot:ial Issues References from web pages The Dreyfus A"air The Natural. Ball Four: My Life and Hard Times ... Ball Four. My lifa and Hard Times Throwing the Knuckleball in the. 8ig Leagues. Chamberla:n, Will A View from Above. NewYo~: Random House, 1991, His "" wwwsscwisc.edul·jplliavil6Jl7Ivide:l,pdr A:l1I Four: My life and H:lrd Times Throwir.g Ihe Knl.Jr'.kleball in the ... Former pitcher Jim Bouton's Ball Four. My Life and Hard Times Throwing the Knuckleball in the http://books.google.comlbooks.?id=FSs9AAAAIAAJ&q=baII 12/1112011 A-503 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 92 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 69 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books Page 4 cf5 Big Leagues (1970) is a fI.lnny and honest recounling of the ... Snippet view WW'N. britannica.com! ebl topic-9080491 Bell-Four-My-Life-and-Hard-limes-Throwing-the- Knuckleball-in-lhe-Big-Leagues Ball four; my life ane! hare! tKTJes thra.vlng the knucKleball in the ••• Ball four; my life ane! hard limes Ihra.ving the knuckleball in the big ... THINGS CONNECTED TO "Sail four; my lire and hard limeslhrowing the knuckleball in .,. Gctthis bool AbeBooks Amazon harpers.orgl subjects! BallFourMyLifeAndHardn11esThrowingTheKnuckleballinThe8igLeaguesBook Find in a libr All sellers Jim B:;.ulon - BR Bullpen I> Jim Boulon: Ball Four: My Life and Hard Times Throwing the Knuckleball in lhe Big Leagues (19m): Jlll Bouton: Ball Four plus Ball FI .... e (1981). www.bOlseball-reference.com/bullperJ Jim _ Boulon Happy Birthday. Jim Bouton« Ron Kaplan's Baseball Bookshelf Ball Four My Life and Hard Times Throwing the Knuckleball in the Big Leagues' I Managed Good, but BO)l did they Play Bad rksbaseballbookshelf.wordpress.com/200SI 031 081 happ)l-birthday-jim-boulonl Jim Bouton Biography (Baseball PlayerMtrilerj - faclmonsler.com Ball Four by Jim Boulon; Ban Four: My life and Hard Times Throwing the Knuckleball in the Big Leagues by Jim Boulon: I'm Glad You Didn't Take 11 __ www.factmonster.com/biography! .... ar/jimbouton.html Jim POigliaroni Bibliography I basebaillibrary.com Ball Four: My Life And Hard Times Throwing The Knuck.lebaliin The Big Leagues by Bouton, Jim. Edited By Leonard Sheerer. Hardbound Book (New York: Wor1d WW1t'o'.basebalilibrary.com/ basebalilibraryl sabrI tbil PI PagliaronUim. tbi,slm Bibliographic information nile 6all four. my lire am:! hard limes throwino tt.e knuckleball in the Big Leagues Author Jim Boulon Editor Leonard Sheeler Publisher World Pub. Co., 1970 Length -400 pages Subjects Sports & Hecreation) BOisebal1 , General Baseball Ba~eball players Sports & Recreatiorll Baseball i General Sports & Recrealion {Baseball 1 History Export Citation DiIlTd: Erodllote RoM," About Google Rooks" PrivaC;' PoHcy • Terms of Service - Blog - Info~mation http:!Jbook~.google.comlbooks?id=FSs9 AAA AfAAJ &q=ball for Publis1".ers - Re.~rt an isslOe _ Help _ Site map _ Google Home 12/111201l A-504 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 93 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 70 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books C)2011 Coogle Page 5 of5 Snrppel view Gilt this bod AbeBoo!ts Am:3zon Find in iI libr AI sellel5:' hnp:llbooks.google.comlhooks?id=FSs9AAAAIAAJ&q=ball 1211112011 A-505 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 94 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 71 of 158 Page 1 of5 Ball four: my life and hard times '" - Jim Bouton - Google Books .. You Web Sign in Images VIdeos Maps Ne'NS Gmall More- ISubmllol C90gle books AfI'r.IIl2OCBEnlI~ Abe Book:; """"00 Ball four: Find in a my life and hard time$ throwing the knuckleball in the Big JD 00 Leagues • ~br ~ el lers • New! Shop for Google eBooks Jm BOulo' 5 Reviews INorld Pub, Co.• 1970 - 800m. & Recreation - <tOO pages BALL ... _ Go 10 the GoogIe eBookslore for over l mliMon aBooks to raad on lh Web, Android, Phone, iPad, Sonv and Nook. Shop for eBooks now }) FOUR~ ~::...-= • Add to My Lihrary l' From inside the book Males ~ - - - I Sealch I S pagl1s matching orioles In this boo\( p;ge 196 Acd ~ Cati Yastrl.ellllk.i'.s Ilume .:.me up ba:aUK hI;'d jU-'t ignored the ~ln1e tond Glr)' BeU said, "Di.&l't SlIrprise me. Carl Yastr:zt.m_ sti is for bimseU fint aIId MIW(Id rmd ~ hen wit..h. C\'Crybod,. au." Gee, Cill)'.CuI Y~DUti? Yrs. Besides. d~g: \be sulke Ya.mJl:mk.l called nteral !lIfCI'PailS 201 -- ----~ ,··r ·· T;alling ~bout lee &:bulb: runlndcd ManhalJ of s(H(]l;thiDg thai happened the olher RiCJn. Althwih WI; had jlUt blow.Q a ",me 10 the Oriokt. wh~n SehullZ Clme hack Inro the dubhO\Ue be was ~miling. was IciDd of Ilt1I.DSC IlIltil be hurd. SchwU: say. 10 Mjke thought that nnp:flbooks.google.comlhooks?id=FSs9AAAAlAAJ&q-'orioles 1211112011 A-506 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 95 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 72 of 158 Ball four: my life nod hard time~ ... - Jim Bouton - Google Books · Page 205 PagelofS Snlppel ...iew . ... ., "AU ri&ht I'll talk to Eddie .bout~" Joe Schula sald. lc:ul't ~ Gethsbool AbeBook~ OWing batlill8 ~ tile Orioles srleAlctd into Gut buUpe!'"fOrd Is thai it wm: Eddie Wan ud Pete Ricbut-and dcposiWi ~t A~M Find in iI ~br All seners J Whare's the restofthis book? What people are saying - Write a review Review: Ball Four: My Ufo lind H:ard Tim!!s Throwi ng the Knuckleblli in the Big Leagues User Review ("" OOC!re ads > USOf ratings 5sta~ 4 " Sl.ars - MllcK- 3 stars 2sla~ Sed to ~y, basebolll nut ItIOt I om. this , star book stayed below my radar [Of years on [) [) ond, wNln I finally became a known qU5ntity n my l1e S$ S fan l'liewed il as somolhing rothcr IKe Grc:>t . . Read ful revie;IJ RevlflW: 8211 Four: My Life and Hard limet; Tt.owirrg the User Review Kn~k1ebalil n the Big Leagun - .b"nes - Goodreods INhlle I grew up in a family thai cheered on the Chia:!go Cubs (my ~Iher had a base':)all from a game he attended ....i ... h~ father when he was a boy), I1e love of baseball did not rub off on me. Mr ... Read ful review AilS rlilvililws • Related books - -.. .=:::"!:.;::E-T~ 5 FOUL BAL{ ( • -:.:.'-:'::':-::::- . -JIM r :""_ p.un ,r ) ..,, . BOUTON Foul1f211: My Life an:! Hal"< Jirn BO'Jlon "The long season Jim Bro~nan ~ Bullpen Gospels Dirk Hayr...-sl Other editions - V iew all hnp://books.googJe.comlbooks?id=FSs9AAAAIAAJ&q=nrioles 1211112011 A-507 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 96 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 73 of 158 Ball four: my life and hard times '" - Jim Bouton - Google Books Page 3 of5 Snippet vie .... Gat thi!> boo! AbeBQd{.s Amazon Find in a libr All sellers Ju112, 1990 Snippet vi ew ~ Common terms and phrases asked Astro5 03ICUO ballgame taliparK h~llplao;er 8Mely bllse bilsebalplayer batlilgprllCIJc.e big IC"9'J~ BI~lory bcil,'s Brabender bullpen Dlefk~r Don Mincher d~gtl'JI Eddie Gary Bell G"J.,,, gelling goddorn hu~ hitter IlOrnemn Houk knuckleball Mict.'"Y l~ughe<J Mike Marshall pitch pitcher PJlo], .ittin; spring ~~y O'Brien fastball fe~ going ~ue ss Jim Bouton !oclIer look. manage' guys clubhouse co~ch Fred Talbot !\II1ny fell h"pp. n. d H~rryWal!<e· I-I"90n hell Joe Schultz Jonnny kids bnd Marty Pattin Marvin Milkes Mc~el~ley never ni;)hl O'Oonoghue O:(.;Iy (Ill11ield Pag'iaro l"li Pattin ~nn~nl pretty RanWi Irainin~ roIarted thing thoughl threw told Yankees in l&ld called calch catcher cluJ Ray Oyler Sal Maglie scorW season Seanle Steve Barber Steve Hovley 'u'e Tommy Davis talk 16111 lhtire'i to night lryfrg umpire varlCO\Jvel walked warn Ye. h References to this book From Gooijle Scholar F.amus Ca1ul] John Nerone - 2008 - JournCiI of Sport and SociallsSlC€S References from web pages The Dreyfus Affair The NaMa!. Ball Four: My Life and Hard Times •.. Ball Four. My Life and Hard Trn es Throwing the Knuckleba l in the. Big Leagues. Chamberlain, WIt. A View from Above. New York Random House, 1991, His .,. W'WW.ssc.'IIIlsc.ed"ul -Jpiliavi.' 547! video.pdf Ball Four: My Ufe ami Hard Times Throwing the Knuckleba R in t~,e ... Former pitcher Jim Boulon's Ba. Four: My liFe and Hard Times Throwing the Kfluckleba l in t~,e http://books.google.comlbooks?id=FSs9A A AA TA AI &q=orioles 1211 112011 A-508 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 97 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 74 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books Page 4 of5 Big Leagues (1970) is a fUM)' and honest recounting of the ... 'M'fW.britalln:ca.coml 001 topic-90B049! BaU-Four·My-Life-elild-Hard-TImes-Throwing-theKnuckleball-ilJ-the-Big-Leagues Snippet view Ball four; my life and hard times throwing the knUl::ldebaliln the •.• Ball four; my life and hard limes throwing the knuckleball irl the big ... THINGS CONNECTED TO 'BElII four; my life BOO hElrd times throwil13 \he knuckleball in ... harpel5.orgf subjectsl 8aliFourMyUfeAndHardTimesThrowing TheKnuckleballlnTheBigLeaguesBook AbeBooks Amazon J'm Bouton - BR Bullpen Get this bool Find in a libr AD sellers ~ J:m Bouton: 8all rour: My We and Hard Trnes Throwing the Knuckleball in the Big leagues (1970): Jim Bowon: Ball Four plus Ball Five (1981) .. 1I!.'WW.baseball-ref9renCG.com! bullpen.' Jim_Bouton Happ}' Birthda}" Jim Bouton ~ Ron Kaplan's Baseball Bookshelf 8all Four My life and Hard Times Throv;in9 the Knuekleba Rin the Big Leagues· I Managed Good. but Boy did they Play Bad. rksbasebalbookshalf.wordprElss.com/200SI 031 081 happy-birthday-jim-boutonl Jim Bouton Biography (Baseball PlayerlWriter) - factmonster.c:om Ball Four by Jim Bouton; Ball Four: My life and Hard TlI11es Throwing the Knuckleball in the Big Leagues by Jim Bouton: I'm Glad You Didn't Ta'~e It __ www.faolmonster.comlbiographyl varl jimbouton.h\ml Jim Pagli:lron: BibliC9raphy I basebalilibr:lry,com Ball Four. My Life And Hard Times Throwing The Knuckleball In The Big leagues by Bouton, Jim, Edited By Leonard Shecter. Hambound Book (New Yor\(: World _ ,",,'WW.basebatUib,"ary.coml basebaillibraryl sabrI tbit PI Pag[;aroni_Jim.tbi.stm Bibliographic information TItle Ball four. my lile and hard times throwing the knuckleball in the Big Leagues Aulllor Jim Bouton Edltor Leonard Sheeler Publisher Wort! Pub, Co., 1970 Length 400 pages Subjects Sports & Recreation) Baseball) General Baseball Baseball players Sports 8. Recreation I Baseball I Gene,·al Sports & Recreation I Baseball I History Export eilaHon Di6Te'l [ndllole 'dMm About Google Books - Prwacy Policy - Terms of SeNice - Blog - Information for Pl:bliShers· Report an issue _ Help. Sitemap _ Google Home http://books.google.comlOOoks?id=FSs9AAAATAAJ&q=orioJes 1211112011 A-509 Case 1:05-cv-08136-DC Document 1053-1 Filed 12/12/11 Page 98 of 110 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 75 of 158 Ball four: my life and hard times ... - Jim Bouton - Google Books @2.011 Google Page 5 of5 Snippet view Get this bee! AbeBook.s Amaz(Jn Find in a libr AU seller.; _ http://books.gougle.comlbooks?id=FSs9AAAAlAAl&q-=uriules 12/11/2011 A-510 Case 1:05-cv-08136-DC Document 1053-1 EXHIBIT 5 Filed 08/03/12 Page 76 of 158 A-511 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 100 of 158 1053-1 Filed 08/03/12 Page 77 110 Page I of5 Ball four: my life and hard times .,' - Jim Bouton - Google Books -tYou Web Images Videos Maps News Gmail Sign in More· ISubmit 01 8all four: Ad",,,,,,",, Book S!'!~ri:h my life and hard limes throwing the knuckleball in the Big Leagues , Newl Shop for Google eBooks J:m Bouton Go to the Google eBookstore for ovor 3 million eBooks to read on the Web, Al'ldroid, iPhone, iPad, Sony and Nook. 5 Review!; World Pub. Co., 1970 - Sports & ReGfeation - 400 pages BALL •. _. ShOp for eBooks now» FOUR~ o¥=_, Add to My Ubrary .. From inside the book Get this book I Searc.ll pitdJ i\bc8ooks Amazon 100 pages matching pitch in this boo:': Page 62 Find in a library ----, - ----- - AI sellers» the .wne tb..illg. They're nskiDg you to obe~ good piu:rung principles; k«p the ball dcwll (II1OSI hiltc:rs are hign-baIl hittc:n) , don'l mate Ib.e: pIu:h too good (don'l pitch it over !be heart or (he pl~le). move ball around imid~ the 'trike zone ~nd cha.oge speeds (keeps the hitler off balancc:), and gel ..beM of the hitter (when you hilvc two slriw 011 It. me. Page 67 '''5 ... uu .................. ~u."""'] _", .........) •••"". 5"]- .. " ... "~,, "'''''''VI probltm:,\ thai they were trying 100 hard to throw the ball to 1\ 5pccifk; !topot, not 11m tbey weren't ooDccnuating.. Sain would compare pitclLing 10 II golfer chipping to il peen nnd say thol if you tried for the ClIp you might miss the: green. The thing 10 do was just hit the pun, pilch to a DI'l!lt:r.llllrell. http://books.googie.comibooks?id=FSs9AAAAIAAJ&q- pitch 12112/2011 A-512 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 101 of 158 1053-1 Filed 08/03/12 Page 78 110 Ball four: my life and hard times ... - Jim Bouton - Google Books Page 2 of5 Page 123 'lk problem for Il long-rclJd [Q1lIl ill tlJII! Ix: Wc:au't waDI to tin: a BBmr: m wllid. he may pitcb eight inninE!. But if bimsclf 001 ~cre lIVhere's the rest of this book? What people are saying - Write a review ReI/lew: 8all FClUr: My Ufe and Hard Times Throwing the KnLlckleball in the Big LeagLies - MacKUser Review User ratings , 5slars 4 slars 3 slars Goodreads Sad 10 say, baseball nul that I am, this 2 slars book stayed below my radar for years on 1 star 0 0 end, when It finall,. became a known quanUty in my life as a fan I \liewed it as something rather like Great '" Ra3d full review Review: 8all Four: My Ufe am.I Hard Times Throwing the Knuckleball in the Big Leagues User Review - James - Goodreads lIVhile I grew up in a family Ihal cheered on the Chicago Cubs (my father had a baseball from a game he attended wilh his father when he was a boy), the love of baseball did not rub off on me, My .. Read fuH review All 5 revie'... ~ » Related books Th< LO~G ~F.'.SOl' < ) ~. Foul Ball: M,. Lile and Har( Jim Boulon The 10'lQ season Jim Brosnan The Bullpen Gospels Dirk Hayhurst Other editions - View all http://books.google.com/books?id=FSs9AAAATAAJ&q=pitch 12112/2011 A-513 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 102 of 158 1053-1 Filed 08/03/12 Page 79 110 Ball four:. my l ife and l1~d Page 3 ofS times ... - Jim Bouton - Google Books JU112, 1990 Snippet view Common terms and phrases il sluld A&tr l)$ b<!1d.b bilr~e lu9UQ; IICIi~.,. troy& 8u.bendw , 1>;0.,.11. baT !lilye: 8....' bullpen tl;j:;e t4IIIl lld ClIlch C3td1er dub Oierl.er Don Mincher avg~ Eddie O'Brien fastball Gary Bell c.r... itllin9 hitler ncmenn HOlik hln illlltiJ;l knuckleball M<:key JQI<I"" Inaht ~ Mike Marshall pitch pitcher thing ~ I,t U lrew toll1 Yankees ~~ft~ Jim Bouton ·OCker look guys ._ud RaJleW bal~rg p< l r.l.Ce 09 clubhouse filMy Hatty Vhhr H..}.ft hell Joe Schultz ~nnl'l1 kids m3R<l~' Marty Pattin Marvin Milkes 11M IJd-lertncy P~lia rClnl Palll Ptnl\CJll Ray Oyler Sal Maglie KOred &eIlSQn it:lr.ed SIeve Barber Steve Hovley I ~Je la l ~ Tommy Davis coach Fre d T albot fefl felt reo.oeJ rigtt ODaIlcgJ.Je Okay ootfield pl3y :Kelty P,lo~. cill"'~ l~ ~gtrarOrg going basebil~ playa< So.,'" te ll trloere·s tonight Iryioy .n'Pi,e \'i!nco'm~r WlIIke>:! .......... Ve~h References to this book From Google Scholar Eamus CaluM John Nercne - 2008 - Jo.mal Of Sp Cll1 and SOdallssues References from web pages The DrE~tus Affair The thtu- Ball FOUl . M ~ life and Hafd Tm es. _ al Ba[1Fou r. /Jy Ut. :one! Hard lill1e'i ThlCMing the Knuckle:.all in the _BI9 Leagues. Ch<rnberlain, Wi[l A V_ from Abow. New York: Random House, 1991. His _. YM'YI.ssc:.wfsc.edul-jDiliaW e4 7/ video.pdf Ba[1 four. /Jy Lite anCl Hard Times Throw~ \he KnucklalJall in the •.. Formar pltcn.ar J:m Bouton'li BOlli F01Jr. M~ Life and Hard TimES Throwing \hQ Knuckiebaliln the hrtp :/fhooks.googic.ccmlbooks?id=FSs9AAAAlAAJ&q=pitch 12112/2011 A-514 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 103 of 158 1053-1 Filed 08/03/12 Page 80 110 Ball four: my life and h:tTd times ._ - Jim Bouton - Google Books Page 40f5 Big LEagues (1970) is a furof?j and hones! recounting of the _ WWI'I.brib:lrric;).eom/ ~1lI topjc..908049i 8al-Four-My-Ufe-and-Hatd-Times-Throwing.lhe. Knuckleball-in-Ule.eig·Leagues Ball br. my Ifa a nd hard (jm~ throwinglhe k.rvJcklebail in th!;l •.• slim t:Jl.r, my IfQ and hard tnles throwing the krodc:lel:Jall in tne big THINGS CONNECTEO TO "B all four; my lifo Mel hard limes throwing the knuckleball in ... harpers.orgl subjtlctsl BallFourMyLilcAndHafllTimeslhrowingTheKnuct.1eba111 nlheBigLeagues8eek Jim Bouton. 6R Bullpen Jim Bouton: Ball Four. My Lifo and Hard Trncs Throwing the Knuckleball in the Big lO.:lguo::; (1970): Jim Bouton: Bal fou r plus Ball Five (1981) ... ............v.basQball..relarenCCl.coml bullpen! Jim_Bouton Happy Birthday, Jim Bouton I( Ron Kaplan·s BasebaK Bookshelf BIIII Four My life end Herd Tmes Throwing the Knuddebail in the Biglcaguc3· Il.1aoogcd Good. but Boy did Ihey Play Bad ... rksbal.cballbookshelf.wl)rdprvii.ooml2008J 031 081 happy.oirthday·jm.oouton/ Jim Bouton Biography (B:ascOOII Playar/Wriler) -lactmOMtef.com RtlU Four b'( Jim 8oUlon; BIIII Four: My life and Hard Times Thrar,ring the Knuddcbal in tho Big leagues by Jim BoUkln; I'm Glad You Didnl Take It ... www.fadrnons ter.eomr biography/val/jinboulon.html Jim Pagb rori e iblog'~ I bawballibr.IIY.COI'n nail Fout: My Ufe And Hard Time5 Throwing Tt.e KnuclOebellln The Big lE2.gues by Bouton, Jim, Edi!ed By LEonard Sheeler. Hardbound Bodo; (New York: V"lDrld ... ww.v.b2S8balilibrary.comI b~ebalHibl'<lryl sabrI tbil PI P.ag ~arori_Jim.\bi.s:tm Bibliographic information Title Ball four. my life and hard times tlirowing the knuckleball in the Big Leagues Author Jim Boutoll Editor leonard SheeLer Publisher World Pub. Co., 1970 length .(00 pages SUbjlilcts Spc!rts & Rectealion • Baseball. General Baseball 8aS80ali players Sport) & Recreation I Ba~bal! I GcneI"al Sports & Recr<:'a lion I B.,:;eball l i"isl o:y ..".1 Cita!ion Erd'otc """"" About Google Books· Pr1vacy PoWey • Terms of 5ervice· BIOQ - Information fer Pubhhers· Report an Issue· Help - Sitemap • G~[a Home http://boo ks.goog le.comJbooks?id~FSs 9AAAAlAAJ&q=pitch 12112/2011 A-515 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 104 of 158 1053-1 Filed 08/03/12 Page 81 110 Ball four: my lite 3nd hard t imes ... - Jim Bouton - Google Hooks Page 5 ofS 02011 Google ht1p :llbooks .googl~.comibooks?id =FSs9AAAAlAAJ&q=pitch 1211212011 A-516 Case 1:05-cv-08136-DC Document 1053-1 EXHIBIT 6 Filed 08/03/12 Page 82 of 158 A-517 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 106 of 158 1053-1 Filed 08/03/12 Page 83 110 Ball four: my life and hard times ... - Jim Bouton - Google Hooks +You Web Images Videes MilPS Page I or5 News Gmilil More- Sign in 1Submit 01 Ad""n:&dmet~1 AbeBooks Am3zon Ball four: my life and hard times throwing the knuckleball in the Big :000 Leagues , ,--, Find in a libr EJseliers ~ Newt Shop for Googte e800lls Jim Bouloll Go 10 lhe Google eBook.store for oller 3 million eBooks 10 read on the Web, Android, iPhone, iPed, Sony and Nook, 5 Relliews World Pub. Co., 1970 - SporIs & Recreation - 400 pages BALL _._ Shop for eBooks now FOUR;;::-_ ~) :!t==--~ " Add to My Ubrary .. From inside the book pilches I Search I 41 pa\;jes matching pitches in this book. Page 167 llim between shags. I told him about my eon~tioQ 'With &hullz and his tbougbt that I wuldll'I be iI starter betause I had. ooIy ODe pitc:.b.. 1 told him tbal NieJcro said aft!:!" his last game that be'd thrown 95 buckler.; out of 104 pilcl!es. "WeD. you QD do that if h'li breaking." Sal u:id... Page 166 Mantle pointed it Qui to all the UtQe u;gue, higb-school aJld college plAyers whl) were watching, but somehow I doubt it. So I'U do it bere. It :51art.ed in tile finit inning when Joe Sparma walked Tommy Harper, h~2ding off, on four-stmighl pitches. Hegan W1.'; the next bat~r. Ball OIIe. On ball two. way Qwr Hcgan's head, Hatper trlcs to s~n1 ~amd and . http://books.googlc.com/oooks?id=FSs9AAAAIAAJ&q=pilt;ht:s 12/12/2011 A-518 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 107 of 158 1053-1 Filed 08/03/12 Page 84 110 Ball four: my life and hard times ... - Jim Bouton - Google Booles Page2of5 Page 339 Snippel view good. tnuctteba!l wilh Ihe first pitch. Find thaI Irick}, ab&ll"ilC1 waugh!, the en~ llIal m:lkes yeu feel so t::ompcten! and unootb. I triod to ree:JII WIIJ1fI'up pit('hcs I threw and J rememkr thi:nking. "Why Get this bool th~ JlI.l't r~w AbeB::.::.ks Amazon an: they playillg the NaUOJlo.J ADlh~m ~o s1ow1y1" I walked the lirst hiller on fonr pitches. TIu! firs! two pitchc:!l to the Find in a libr VVhere's the rest of this book.? AU sellers ~ What people are saying - Write a review Review: Ball Four: My Life and Hard Timos Throwingtho Knu~k;loball in User ratings Ihe 8ig Leagues 5 star.; 4 GoodreClds 4 stars 3 stars Sad 10 say, baseball nut that r am, this 2 stars 0 -MacK- User Review book stayed below my radar for years on 1 stClr 0 end. wl1en it tinally became a known quantity in my lifQ as a fall I viewed it as S01T1Qlhing rather like Gf"Qat ... Read full review Review; Ball Four: My Life and HClrd Times Throwing the Knuckleball in the 8ig Leagues _ James. Goodreac's User Review VVhUe I grew up in a family that Gheered on the Chicago Cubs (my father had a baseoall from a gal1e he attended with his father when he WiiS a boy), the love of baseball did noll1.'b off en me. My ... Read fun review All 5 reviews » Related books • l ( Foul Ball: My Life and Har( Jim Boutcn Th€ long season Jim Brosnan The Bullpen Gospels Dirk Hayhurst Other editions - View all http://books.googlc.com/books?id=FSs9AAAAIAAJ&q=pitches 1211212011 A-519 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 108 of 158 1053-1 Filed 08/03/12 Page 85 110 Page 3 of5 Bait four: my life IltId hard times ... - Jim Bouton - Google Hooks Snippet view Get this bod AbeBooks A= Fir.d irl a libr AI sellers Jul12. 1990 Snippet view J Common terms and phrases ~sked A$(rl)5 b;JJ1cllO ballgam e balp;jft b ~I ~1er !loJ1<')' ba>;" bd..w..J ~1iI,~, r""~ ul DI.hl)' bo~' Br abeRH' Olelt!el Don Mincher Gclry 8ell HOlIk knuckleball H i~ du9QUt n~n "'_ pitch pitcher J)lay I)"~ttv Pilot. ' i:ling , prmg tr;lning $\:lrted thing lh ~ug hl lhre¥l' told feci leI clubl'louse coach Fred Talbot r..n.,. guys h:lJ'1*'M H~ny Wl/u, Hesa~ hell Jim Bouton Joe Schultz ..t>lInOly kids !enG going ~ :.,SM d Ioclocr look mMolV-f Mike Ma rshall ,.,._ Yankees caled catd1 c:aJchel dub Eddie O'Brien fastbaU ~ \lot ...... c ....., hilter IIomerun bullpen l>!l li'Ig Plack:e big Marty Pattin Marvin MiJkes ~Ilel\nl!ll n'vltl Olbnoghue Ql;,y ~u\'eld Rallew Steve " aQl1l roni Pat!iII ~nar.t Ray Oyler Sal Mag lie 8arber Tommy Davis Steve Hovley ,...,...J r.e,,~ sOoil l Q su ro lalk tel \here', tonight trying yrr;p;re Varoo:.couve r ...arked w,... , Y~ah References to this book from Gooyle Scholar Eamu<;.CaUI John Ne-lol1e · 2t))6 . Journal cI Sport and SociBJ Issues References from web pages The Dreyfus Affa k' The Na!ur<sl. 5a] fl;ur: My Lofe end Hard Trm~s _ . B~n Four. My li'a and Hard Tnres Throwing the Knuckleba ll in the. Big league s. Will A Ch~ mberlain. Vtewfrom Aboye . New yo~ : Rllndom House. 1991. Hi3. wv.w.ssc.wlsc.&dul ~!JlI MavU 647f video.pd{ Ball Four: My life and Hard Times Throwing the Knuck!eball:n me ,., Former pltcl'ler Jim Soulon', Ball Four. My Lif~ arld Hard nmas Thro·...ing tl'l9 Knuckloball in tho http://books .google,comlbooks?id=FSs9AAAAIAAJ&q'''pitches 12112/2011 A-520 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 109 of 158 1053-1 Filed 08/03/12 Page 86 110 Ball four: my life and hard times ... - Jim Bouton - Googte Books Big Leagues (197{]) is a funny and honestrecounting of the __ www.britannica.comleb/ topic-9080491 Ball-Four-My-lifa-and-Hard-limas-Throwing-theKfluckleball-in-the-Big·Leagues Ball leur. my life and hard Umes Ulro....ing the knuckleball in the ... Ball lour; my ne and hard times throwing Ihe knuckleball in the bIg __ THtNGS CONNECTED TO 'Sail four, m)llife and hard Urnes throwing the knuckleball in . harpers.orgl subjects/ BallFourMyLifeAndHardTlmeslhrowingTheKnuckteballInTheBigLeaguesBook Jim Bouton - ~R ~LJltpQrl Jim Bouton: Ball Four: M)llile arld Hard Trnes Throwing the Knuckleball in the Big Leagues (1970); Jim Bouton: Ban Four plus Ball Five (1961) ... www.baseball-reference.com/bullpen! Jim_Bouton Page 4 of5 Snippet view Get this bool AbeBooks Amazon Find in a libr All sellers D Happy Birthday, Jim Bouton « Ron Kaplarl's Baseball Booksl'.ell Ball Four My Life and Hard limes Throwing the Knuckleball in the Big Leagues I Managed Good. but Boy did they Play Bad ... rksbaseballbookshell.wordpress.ccml 20081 03! 08! happy-birthday·jim·boutonl Jim Bouton Biography (Baseball PlayerMlriter) - faclmonsler.com Ball Four by Jim Bouton; Ball Four: My Life and Hard TImes Throwing the Knuckleball in the 81g leagues by Jim Bouton; I'm Glad You Didn't Take It ... www.factmonsler.comfbiography!var/jimbouton.html Jim Pagliaroni BibHography I baseballibrary.com Ball Four: My Life And Hard Times Throwing The Knuckleball In The Big Leagues by Bouton, Jim. Edited By leonard Shecter. Hardbound Book (New Yolk; World ... www.basebatllibrary.comlbaseballlibrary/ sabrI tbit PI Pagliaroni_Jim.tbi.stm Bibliographic information nile Ball four: my life and hard limes throwirlg the knuckleban in the Big Leagues Author Ji:1l Bouton Editor Leonard She:;ter Publisher World Pub. Co., 1970 Length -'100 pages Subjects Sports &. Recreatiorl , Baseball, General Baseban Baseball ptayers Sports & Rccrcatiorll Baseball I Gcncr(ll Sports & RecreClliolll Baseball I History EKport Citation BiBT"X Enclilotl: RdMm About Google Books· PrivaC)l Policy - Terms o~ Service - Bklt;l - Information fer Publishers - Repon an Issue - Help - Sitemap - Google Home http://books.googl~.comibooks?id=FSs9AAAAlAAJ&q=pitGht::s 12112{2011 A-521 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 110 of 158 1053-1 Filed 08/03/12 Page 87 110 Ball four: my life and hard times ... - jim Bouton - Google Books @2011 Google Page 5 of5 Snippet view Get Ulis boot AbeBook.s Am,wn Finc:i in.:l libr Aft sellers hUp:/lbouks.google.comlbooks?id=FSs9AAAAIAAJ&q=pitches ~ 1211212011 A-522 Case 1:05-cv-08136-DC Document 1053-1 EXHIBIT 7 Filed 08/03/12 Page 88 of 158 A-523 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-2 Filed 08/03/12 Page 89 of 158 12/12/11 17 63 Th.1 trouble with thirteen - Betty Miles - Google Books Page 1 of3 .1 Web Imllges Videos Mllp:; New& Slwpplng Gmail Mor6- The trouble with thirteen Setty Mites 9 Review' Avon. Sep 1. 1980 - Family & Relation:;hips -106 pilg6S TwelvEt-year~ld Annie Is urMiUing to face somo major changes In her life. Sign In cO DO r-'--'i 1.... _ 1 0 ... Newl Shop far Google eBooks (30 wtho Googls eBookstDre for over 3 million eBook.s to read I:m the Web, Alldmld. IPhooe, \Pad, Sony and Nook. Shop for eBooks now It From inside the book - .. -....-- - . . - ..... ro.::= I~I annie 33 ~ ma~ annie In this t:IOC* : Page 97 Annie. Denny and Clay's :marrlage wa'ffl't a waste! -n......v h""",, 0 I....,...r anow1 v ........... toM .. lnt nl't.- A.nTI th.:>v : !=lage 106 'Jhe book waJi upside down. 1 can't ever ""TaP a book so the title ooml!8 00' on top. I\.achel rumed : t over. Then ihe gasped, ''Ob, I Annie! Db, wow~ that', so neat! ThRnks!" She opened i !=lage110 ilONe.and her l!~~nrj~nq RaGh·~1 WI$h thpy. COUld "lay 'lWelYIt flirev,9i. Sv.li(Ything .is paryact ...• ~ti.\ilunex pecte<l¢hlll1Qe"begin puUin[tA~nl" and RasH,;1 ~p~r\ jUSl'Wh9!l,.lh~· Oiled . :;tPh Olh· r·IM most·BilUhrough e e It all Ahnle arid Rachelleam a.lot·abouHitdecendence. Wh$re's thB rest ofltis boot.? http://books,google,comlbooks?ei=r_7gTtK5NqfeOQGWsam UBw&ct-result&id-FCfsNpPWOcOC&dq- .,. 1218/2011 A-524 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-2 Filed 08/03/12 Page 90 of 158 12/12/11 18 63 Page 2 of3 llie trouble with thirteen - Betty Miles - Googlc Books What people are saying - Write a review Review: The Trouble with Thirteen - carolyn - Goodreads Usar Review wIde rtlading for CI 546 grade levet middle school genre: realsUe ~cUQn, pseudo rontemporary (came out in too 70s but not ill book whenI time is a signficant part of the 5Btting) themos; friendship ,.. Raad fUlJ review UserratJngs 1 5 stars '''''. 2,.", ''''~ 1 "', 5 1 1 o RevJew: The Trouble with Thirteen - GernlyrJ StJ058Pl- Goo::lreads Usar Review I read this book when I W3s12. It was tout:hlng and accurate. I t:rIed. Read full review An 9 reviows » Related books ( ) The Secret Life aftha Und, Hey! 1 am reading! Betty Miles Betty Miles, Sylvie Wickst" Around am:! around-love Betty Miles Contents Section 1 67 SecUon 2 93 101 SecUon 3 Copyright Common terms and phrases Aunt Sylvia amICI,.! be.auiJlul bMtfrien:l Bruco "" ....,.. <ll~~ Coke ~W, Cowboy beans Cuba Dairy Queen ,,~o Debbie Mgo'" Annie Anyway doll house door doughnut droOH3 drl',nray ears pierced Erlca EI'o'Of)'IhIng ~yes reel r~~ fourposter frcnl funny gins !ll~d going gn!bblll ~ueSi hllggetl Jan~ llMl".p£Id Kate Kale·:; Kenny kids K~d1.n IInIW lal.'\lhed leanacl ~o:k lettuce lilacs IHde looked Madison MaNil 1T.k1u.e mlSJ I.WD., ma,g neat nice nightgown Nora Nora's olddog ~robably' puled pajamas Rach party Peter James photo booth p!o:tlH'I pcn:~ prelly Rachel8$11&d Rachel looked Rachel pul Rachel bot Old ~..t http:ltbooks.goog1c.comlbooks'?ei~_7gTtK5NqfeOQGWsamUBw&ct-=res\llt&id""FCfsNpPWOcOC&dq- ... 121812011 A-525 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-2 Filed 08/03/12 Page 91 of 158 12/12/11 19 63 Th"e trouble with thirteen - Betty MHos - GoogleBooks .t>o~"'" Il"plng .",llod .:oony """ ,~ n..... ~lIIrted '~I>'I atopp~ ~tuI, ~pIO 1lI1~ :hoIogh1 iI')'\r>\j iurnool ~l\(e<I ",urL<lg Wel~s Who.l" MleWl'lg Page 3 of3 $U~only ""'" wi'" IiiIk tell wcndllled worry Yeo" )'f!Ue<I York City Bibliographic information lil!) . "'''' The troub19 with II'IIrteen Avon CemC1lol8~k Betty Miles Fubllshsr Avon. 1980 ISaN 0380511363,9780380511365 La""" SubJ-d5 103 Pasles Juvenile Fictkn I Soelal ls~1I5 I Friendship """" Fa.'n lly & Rela1lonshlps , Oeaf\, Grief. BentavelMnt Action Frl~dship Juvenile Fidion J General Juyenl~e Flctlon I Socl()116OOCsl FriendshIp Soclal Science I DctIth & Dying BlIIT.~ RofM:n AbotJt GoogIe Books· Privacy Policy - T,rmr of Service - 9Iog - ln1'oonl:ltion lor Publishorn - Report en Issuo· Holp • Sitcmllp - Googlo Home Il:f.I011 Google http://books.google.comibooks?ci-r_7gTtK5NqfeOQOW:samUBw&ct-result&id=FCfsN pPWOcOC&dq=... 1218/2011 A-526 Case 1:05-cv-08136-DC Document 991-2 Case , with thirteen1:05-cv-08136-DC Document 1053-1 he "trouble - Betty Mlles - Google Books Filed 08/03/12 Page 92 of 158 12/12/11 20 63 Page I of Sign til +You Web Images Videos lI1eps News 6ma:! More- -- GOllSlc books Amazon.cx Bames&.Nt Books-A-V The trouble with thirteen DO , 00 IndieBolJll{ .... 1 ~dlnelil All selle~; Nllwl Shop for Google eBooks aeny Miles 9 R~views Go to lhe G0091 0 eBookstoro ror Avon, Sap 1, 1QaO - Family & Relatlon;hips - t08 pages avo.- 3 miAion cBooks to !'Gad on Twel'l9-YBsr-oJd Annie Is ullwlllillg to face some major the Web, Android, IPhone, lPad, Sony and Nook. ch"~~os In her lJe. Shop for eBooks now» Add to My Ubrnry ... From inside the book 34 pages matching nora In \hIs book . Page 4 --------. ---g---_. Our best article idea. so far was ''YOU Can Teach an Old Dog New Trlcks." I thought it up. Nora was perfect (or the article because she's ten years old and _ ...... _ .... __ 1_~ _ _ ..1 ...; ..T.......1...... _ ...1.. __ ._ ..... _ •• __ . ,•• p...,s ups, pannng. I """,'ched her behlnd the ear. ''You're a dumb old dog. that's what you are.. .. Nora wriggled appreciatively. In the sun, har fur ttp:llbooks.googic.com/books?id=FCfsNpPWOcOC&q=norn 12110/201 A-527 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-2 Filed 08/03/12 Page 93 of 158 12/12/11 21 63 he \rouble with thirteen - Betty Miles - Googlc Books Page 2 of Page e5 Snippet VII!!' I tried to squash the feel1ngdown. I started to look fur Nora In her favorite sleeping place.: the chair she wasn't supposed to lie in, the hall rug. the foct of my ~ • . ~7 Gel this bo Amaz:oIU;( B,ames&N, Book5-A-W n IndleBounr Where's the rest of this oool<? Find in a iiI All sellers: What people are saying - Write a review Re ...lew: The Trouble willi Thirteen User Raviaw User ratings - Carolyn - Goodreads wide reading for CI 546 grade level: middle school genre: realistic fiction, pseudo contemporary (came out [n ttle 70s: bul nol a OOoK where lime is a signficant pari of !he seffing) themes: friendship ••• Read full review 5 slars 5 4 slars :; stars 2 slars 1 slar o Re ...lew: The Trouble with Thirteen User Review - Geralyn SI Joseph • Good~ds I read this: book when i was: 12. It was touching arid accurate. I cried. Read full reviQw All 9 reviews" Related books .... ,... .~ ~ ... ,..., \.-,-,.,."'~ ,.~ -_.".. _._- ~ --""='-- ( ) ~ The Sacrel Life ofthe Und, Belly Miles Hey! I am reading! Be~ Miles, Sylvie VVieksln Arouncl and around-love Betty Miles Contents SecUon 1 137 SeeUon 3 Seclion 2 93 Copyrlghl ttp:Jlbooks.google.com!baoks?id-FCfsNpPWOcOC&q""Ilora 101 12110/201 A-528 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-2 Filed 08/03/12 Page 94 of 158 12/12/11 22 63 bettrouble with thirteen ~ Betty Miles - Google Books Page 3 of Snippet lIiB' Common tenns and phrases Angela Annie AIroptay Aunt Sylvia lkln1ay WUIifuI beslfI1end BlUce camera ena!r Coke ~"'" Cowboy beans Cuba Dairy Queen d.~ Debbie doll house Mor doughnut dlMSeS drfvew3y ears pierced Erica @\I&i)'II'II~g ...... fe~ felt fourposter (ronl funny grts ~Iad going gllltoDea Iluess hug~ed Janie lUmped Kate Kate's Kenny kids looked MI~son Nora's <*l d~ Marvin m:rute pajamas kitchen knew laughed le.2ncJdOOck lettuce miSS Mom'S party move neat nice lilacs ~ Peter James photo booth plct~re >\:Ired ~rted !itepS Bames&N, Book5-A-W Ind1eBoun{ Find in a IiI All sellers: lilda nightgown Nora llroha!:i~ pulle.1 Rach Ra"""l asl<ed Rachel looked Radlel put R.!!d1~1 too~ shouIoo sleopi"ll smied sony Got this bo Amazon,c( sIoilpad i1U/I r11,1p1~ porch pretty ",ol :;;l,Iddanl~ """me<! SUItt !;Ilk tall n.onk$ IhIngs I.hcUllht ll)ing tumed wal<cd weElriog WeIss 'Mlat3 wheezing y,bh wordered worry Yeah ~'elled York City Bibliographic informalion TiUe The trouble with thirteen Avon Cameror Book Author Betty Miles 1980 Pl.lblisher Avon, ISBN length 0380511363,9780380511365 108 pages Sul:!jeclS Juvenile Fiction l Social Issues ) Frlendshlp DeOlth Family & Relationships I Deillh, Grief, Bereallement Fiction Friendship Juvenile Fiction J General Juvenile Fldion J Social Issues I Frier'\dship Social Sdence f D~ath & Dying E)(port Citalfon EIJo:lllo~ RdMm \bout Google Books - Pri\lacy Policy - Terms of Service ~ Blag - Information for pubnshers ~ Repor1 an issue _ Help _ Site map , Goagle Hom, e2011 Google ttp:flbooks.google.com/books?id-=FCfsNpPWOcOC&q'""110ra 121101201 A-529 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-2 ~e 'trouble with Filed 08/03/12 Page 95 of 158 12/12/11 23 63 thirteen - Betty Miles - Google Books Page 1 of I +You Web Images Videos Maps News Gmail More' -------- Coogle books Slgnln 1 Submit 01 Advm:ed Book Semrcl' The trouble with thirteen o Betty Miles Newl Stlop mr Google sHooks 9 R13views Avon, Sep 1, 1980 • Family & Rell.ltionshlps • 1 DB pages Twelve-year-old Annie is unwilling to face some major cl1anges in her life. Go to the Google eBookstore for over 3 million eBook.9 to reltd on lhe Web, Android, iPhone, fPad, Sony and Nook. Shop for eBooks now It Add 10 My library T From inside the book pajamas I Search 6 pages matching pajamas in tills book Snippet view Get tl1is book Amazon.com Sames&Noble.com Page 23 Books-A-Million Inr:lieBound Kate's mother, "Mom! It'. a .Ieep-over party, We'll wear pajamas the whole timel" Find in a library AI: sellers:Go Page 32 better, l!mew Kate would like It Bamberger's plliama department is called Night LIfe. They had racks and racks of nylon pajamas with biktni pants and smock tops. I would never wear tlp:flbooks.google.com!books,?id- FCfsNpPWOeOC&qjlajamas 12110/201 A-530 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-2 Filed 08/03/12 Page 96 of 158 12/12/11 24 63 he'trouble wilh tlrirtet:a· Belly Miles - Google Books Page 2 of Page 36 Whom's the f'IiIi! of 911. book? What people are saying - Write a review Rl:ylew: Tho Troublo with Thirteen USir ReI/lew - Caro/~ Usorrattng3 - Goodreads 1 wil:lll readlll9 lOt CI 546 grade Iowl: middlll sc.hool 5 stars get'lf'9: rear:sUc t\(::tI(wI . pseooo contemporary (came 4 stars out In !he 700 but n~ a book whare limo is a slgnlcalll part oIlh11 settlng) 1ho. )es: fitendshlp ... 1 ReMUre'llew 5 '''''m 2:;ta~ 1 star 0 RnoieYf: Tho Tfouble wlth Thirteen User RlWlew - Genityn SI Joseph - Gtloorwd:; I rsad thb book whfJn i was 12. II 'fflI~ Ic lJthing end secureto. I cried. Read fllI review An 9 mview$ D Related books , ( --="'-The Secret Ule of fie Undo Hey! I am readilgl Around 5ld aroond-bia Betty Miles Betty M:les. Sytvl91/oIid<sln Be:ty MIllS Contents Sadlon 1 e7 SecHo.,3 Section :2 93 101 Copyrght ttp:/lbooks.googh::.comlbooks?id-'FCfsNpPWOcOC&q=pajamas 12110/201 A-531 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-2 Filed 08/03/12 Page 97 of 158 12/12/11 25 63 he'trouble with thirteen - Betty Mile:; - Google Books Page 3 of Common terms and phrases Amte An)w:Iy Aunt Sylvia 8a.Wl tln'J.lui Msttllnd 8f'.ICe ansa d\alI Coke _ Cowboy beans Cuba Dairy Queen "'~ Debbie An!Iela doll house loel fourposter 11!11 Kate door doughnut dft_ Kate's 1\Jnn~ IrIYII U~$" Kenny kids ~ gin, glad mew 1.4.dlson t.larW! mint.tt I'I'i$t Mora's rM'11 Nora's cH.OO ~ JWIed ~ IIHpirg Ram s-nleci part, going gll!bbed guua E1Ica "'@I')'III1no h~gglld n!!at lim Peter James photo booth """ tIIIl ThinI\s lhIoQ~ bJuIIh l IIYIo!! ..w $\arled 5Ieps dI>pped sUI Uroed ....~~.ed JilrLie jumpe;:l nightgown Nora porch Rlcl>elIIS~1HI Rachellooked Racheipul Racl'lel1ooII: SOITY ..... "Y'" laughed leaned book lettuce lilaa; ~tdQ looked pajamas ears pierced weamg Wei" -.:ct V,t.\'i rack ~Jy wheezlnsi ~tty ~ SOltQ td! wish 'NOIIdtrud WOI:rf Yeah ,...1Ie~ York City Bibliographic information nUe The IroWIa wilh tl"IIne9fl A~'()(I .<nl.." cameJo( &ok BatIy Miles Publk;her Aron.1980 ISDN 0000511363,9780390511365 LQngth 10a pagcs Subjects Juvenile Flclfon • Social Issues) Friendship Death Femily 8. R!tle\.ion$h\psl Death, Grief, Bereavement Fk"" FrlendstJp Juverile FlC'llon J GCMr.:l1 Juwrile Fiction I Social ls5ues I Fritlrldship Social SclcnaIl O&alh & Dyino Export Cltatfon lI15Te)( RdI'~1I \bolA Goog1e Books - Privacy Policy - Torms of SOMeO - Bk>g - nformatlon for P\ibllshers _ Repor1 an issue _ Help _ Silemap - Google HDII'II 02011 o.o,;e ttp:/!bcoks.google,com/books?id=FCfsNpPWOcOC&q-pajamas 12'10/201 A-532 Case 1:05-cv-08136-DC Document 1053-1 EXHIBIT 8 Filed 08/03/12 Page 98 of 158 A-533 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-2 Filed 08/03/12 Page 99 of 158 12/12/11 27 63 The super-lawyers: the small and .•. - Joseph C. Goulden - Google Books I Page 1 of3 Sign In Web Images Videos Maps News Shopping Gmail More· -_.-,--U1e super lawyers super~lawyers: the small and powerful world of the great Wa:shington law firms The Joseph C. Goulden o Reviews WeybrtJhl €1m:! Talley, 1972 - Law - 408 pages THE SUPER- Nowl Shop for GOOglllllBDOkill Go 10 the 1300gle eBookstore for aver3 million eBooks to react on LA\J,.'YEIlS the Web. Andmid. iPhone.1Pad. Sony ane! Nook. Shop for eBooks now» Add to My Library T From inside the book Snippet..,;ew 1Search I Willi street 21 pages matchin[J wall street in Ihis book Get this book AbeBooks Page 228 Amazon the :P10 billiDIJ in bond$. it was authorized to sell. USPS jnlA!na~ to sell the bonw through. privllte Willi Street houses. Even 50, James Ha.rgrove, a. senior assistant poSlm3sler geoeral, \Y~ connOC'llt USPS could hire i!I law linn directly for legal WTJrk all the ~5Ue if it so desired-"one- of the WaD Street lent inns that a library Page 236 abgorbed Dorr, Hand, Whittaker & Wa1.SOn. n Wall Street office tlUl.t did II tbrivlng tailroad businC5:1. In 1964 it added Becker & GreeDwnld, WashIllglon admiralty law spechtlists. 111 1966 came Caldwell. Trlmbre, & Mitchell, also of Wall Str~t, which did II Ihrivinv-and ~trnordin:ui'v Uchnic:al-----I:IIl_~i~ al anvi..anv Page 246 ~tecpec:l as be was III Ule worll.lngs 01 wau titreet, lillt.bne was keellly 2-Wllle of Ille conseqllenC!~ of n PenD Central bMk. ruptcy_ Thl! company was a major Americon institution, vital to the transpottntioll S}'st~m. "You also have to think about the condition!; msteflt tit t1u~ time this was happeninl!'. The country Where's the restofthis bwk.? http://books.google.comlbooks?ei=6xWPTujzLuHvOgGwmMkY&cFresult&id~At07 AAAAlAAJ&dq=t... 1017{2011 A-534 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 100of 63 Case 1:05-cv-08136-DC Document 991-2 Filed 12/12/11 Page 28 of 158 The super-lawyers: the small and ... - Joseph C. Goulden - Google Books PageZ 00 What people are saying - Write a review We haven't fouml any reviews In the uSLJal places. Related books .......... 'Ju'nIU ......- ........ ..... .""'_... . . '''' ~ I!-oU'o:o:n~'" \~~..:r- ( ) CIliary, Gottlieb. Steen & r Winston &. Strawn Leo GoHNeb Ttle oltlergovemmenl J. Green Mark Other ed itions - View a II ·111F. Til" SUP.~R· SUl'!:R· 1..\WYr~RS r.AWr~RS .....--..-._...... ( ..~-- ....... ~-," - ... ~_c:.c;.u.. -- ) --'- 1972 1972 SnIppet view Snippet view Common terms and phrases Abe Fortas Acheson Administration alrll~e Americo. antitrust a"Ol""d Arnold and Porter ~$ked attorney Austem .utl> bMk Banzhaf bin C811.d chairman Clark Clifford client ComlJ\J3Sion Comml~lgner Committee Congress Corll<~IQn~1 Corcoran corporate Ulunsel Covington and Burling Dean Acheson decislon Defense Demoerall<: OObrivir OOJ!I Federlll lI".all\lllllnl iii". nlBd foII!~n ronne, forto, I nd Pcr1~, hearlng~ ~Ired irJ:Iu~TIy Ilgl~n Jo~~n Justice Department K1rasIlt Kennedv law firm Laylin legillialioo Ica~ Lloyd Cutler Mudge Rose Nader Nixon P'lna!ba Penn Central ~ereent po~Ueal prtletlee PresIdent railrD~d klbllyiw. MoHAr man] mlml"n partner Patrn." Ralph Nader RandDlphGuIh.ia mgulalcrvagencies Represenlatr.e R"fl~blbn says http://books.googlc.comlbooks?ei=6xWPTujzLuHvOgGwrnMkY&ct-result&id- At07 AAAAlAAJ&dq9... 10/712011 A-535 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 101of 63 Case 1:05-cv-08136-DC Document 991-2 Filed 12/12/11 Page 29 of 158 TIle super-lawyers: the small and .•• - Joseph C. GouJden - Google Books Secn!taIy Senator 5mSlhers &Om_ staff Stuart Symington SUDl'8ll1eCWit 1811: TImko thing Thurman Arnold tlon told Tommy White House $lJbComml~ee Tommy Washington Corcoran Tnnan Unlmed wanted Washingoon Law Lawyer Page 3 of3 """,ta Yorl< References to this book From Google Scholar Pursuing Regulalory Relief: Slrcltegie Participation and litigation ... Palrick Schmidt Socializing The Legal Profession: Can Redistributing Lawyers ... RICHARD LABEL-1979-law So POlicy lobbying by law FIrms: A Study of lobbying by Nalionai Law Firms ... MatthBW Darke -1997 -Au5lralian Joum<ll of Publk; Administration Bibliographic information Title The super-lawyers: the small and powerful world of the great WElshington law firms Del/book Author Joseph C. Goulden Publisher Weyb'lght and TalleY,1972 Original ""m the University of California DIgItized Oct 1. 2008 Leng\tl 408 palles Subjects lllW I Ceneret Practice law I General Practice law I Legal Profession law firms Law parlrlershlp Practice of law ""port Citation BIBTeX EndNote About Google Books· Privacy Policy· Terms of Service· Bl09 • Information for Publfs~.ers· Report an Issue· Halp • Google Home ©2011 Google http;lfbooks.googlc:.com/books?c:i=6xWPTujzLuHvOgGwmMkY&ct=rc:rult&id=At07AAAAIAAJ&dq=t... IOn12011 A-536 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 102of 63 Case 1:05-cv-08136-DC Document 991-2 Filed 12/12/11 Page 30 of 158 Page I of3 The SlIper.lawyers : the small3lld ... - Joseph C. Goulden· Google Books ~ WOO mage, Vidoos Maps News Shopping Gmail More · the The super-lawyers: s~er lawyers the small and powerful wor1d of the great DO WeMington law firms Jo5o~r. Sign " C. Goolden DO Lid Newl Shop for GOoglll eBook5 o R"vIe .....i TilE Weybr1ljlt and Talley, 1972 - Law-40B pages Slll'lm1,r\\\'Yl':RS Go to tria Google eBookstore for oVlr 3 millon eBDoks to read CIIl the Web, Ar1droid, iPhone, IPlld, Sony and Nook.. "-"'-'- 5hap for eBooks now » Add kl My library .. From inside the book congress [ Search I 80 pages matchlJlQ conglll~.ln this book Page 287 The Corridors of Congress: T .n",W"" JlIJ.,.un ..".., (;",r./f...,,1 J.111l : Page 293 - " - ' .. ,Page 374 United Slntes shaD be .. member of either bo-ue chitin&: his contiJluanee in office," Who .. Kansas Senalor bamed ):unes Heruy Lane ac.c:epted a bripdier's aJmDli.uian III the Civil War, the Senate promptly ejected him from Congress. Nor would the Justil'll Tlf!ruIrtment nPJmit 1.vnMrl TnhlW'ln !'Ir WArren Marmutthl'l Where's the rest of thl, book? http://books.google.com/booKs?eio::Ov7gTqm4PlPeOQH71NWxBw&ct=resull&id=AtO7AAAAlAAJ&d... 12181201] A-537 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 103of 63 Case 1:05-cv-08136-DC Document 991-2 Filed 12/12/11 Page 31 of 158 The super-lawyers: the small and ... - Joseph C. Goulden - Google Books Page2of3 What people are saying - Write a review We haven't found any reviems in the usual places. Related books ( ) Cleary, Gottlieb, Steen & lWinston & SIra'Nl"l Lea Gotuieb The other government Mar1c. J. Green Other editions - View all TIfF. TIIF. flUI'f.nLAW'r'ERI' !iUI'J:R· I.,\WYF.R.'i .._---,--'--- ~L ... ( , ':c....b. ,--~ .... ,.'--o~~_.__"_ _._-'- ) -.. 1972 '972 Snippet .. jew Snippet ..lew Common terms and phrases Abe Fortas AcheSOll AdmlnlstraUon a"in~ Amo~C8n antitrust :"gu~d Arnold and Porter asked attorney Aus1em auto bonk Banz/uf bill ""loll eMalrman Clark Clifford client Commission CcmrrOO~loner Committee COngress Congres~ional Corcoran dod""n Def~n.2! corporale counsel Covington and Burling DeanAcheson Democra& Dobrivir drug Fl d.",lga"'''!'IH"""t f... mod famlgn I!lnn~' Parlo, ilearings hired Induslly InlJlon Johnson JLJsllce Dapartment Kar.lsIk Kennedy For!".nd law firm Lloyd Cutler Io~n Icbbyl1l> m.fto, mont mlnon Mudge Rose Nader Nixon Panalb.a partner P~lman Penn Central pe~n( poli~(;<It prac;U"" Ltlylin legislation President R~publl""n r.JUroad Ralph Nader Rl odolphCIliI'rio says 3eu-elary Senator rIl9ulalQry agQndcs Rcprt!::;onlalNe 3ma\he,s """"",,",c s:aff stuart Syminglon hnp:!fbooks.google.com!books?ei=Ov7gTqm4PIPeOQH71NWxBw&ct=result&id=Al07AAAAIAAJ&d,,, 12J8f2011 A-538 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 104of 63 Case 1:05-cv-08136-DC Document 991-2 Filed 12/12/11 Page 32 of 158 The super-lawyers: Ihe small and ... - Ioseph C. Goulden - Google Books M1br;(11n~ _ .. s...,.._Coun Tommy Corcoran Lawyer tall: T_iD Page 3 ofl IlUtI ThURnIllT'lAmotd Ibn told Tommy Tnnt3I'I Un'meo war:led Washington Law Washington White House ....,u. YorIo: References to this book From Goosto Schol:.r Pumulng Regulaltlry Rollof: Slrali~g\c PlirUcipalion and Lillgatlon ... Patrick Schmidt 3oc1aliz:ing The Leglll Profe"ion: Can Redistributing Lawyers ... RICHARD LABEL- 1979 - Law&. Policy LobbyInSJ by Law Firms.: A Stuoy of Lobbying by NaIlr>niil Law Finns ." Malth6w Oanca -1997 - Auwall an Journal ofPllbllc Adrnll'listr.iltkln Bibliographic information lille A""'" Publisher Original The supor-k"'y«a: tha small ~d ~ world of the grelll W~~t1ing(Qn IlI.w irm.s Denbooi( Joseph C. GoUden Waybright and Tatley, 1972 ..m tho Univornity ofCaDfomia DigiU:zad Oct 1, 2008 lenglh 40e palles l ew) Oonerat Prectice Subjects Law I GenCiral Practice lew I Legol Profcssioo LawlYms Law pertneB/llp Pr.ICI:i..o of law 81 BTItX ..... Atntt Googre Hooks - Privacy Potty _ TP.rmS 01 Service - Hlag - rnforma~on for Publishers· Repor1 an isslle - Herp - SUemap - Goog;e I'bne fnOl1 Google http://books.eooele.com/books?ei=Ov7gTqm4PIPeOQH71N\VxBw&ct=res ult&id=A t07 AAAAlAAJ&d... 12/8/2011 A-539 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 105of 63 Case 1:05-cv-08136-DC Document 991-2 Filed 12/12/11 Page 33 of 158 The sllper-la-wyers: the small and ... - Joseph c. Gou1den - Google Books Page I of3 .. Web Images Videos Maps News Shopping Gmail More· Go"sie books Sign In the super lawyers The super-lawyers: tile small and powerful world of the great Washington law firms Joseph C. Goulden Newl Shllp for Gocgle eBooks o Reviews TilE Weybrighl and TaUey, 1972 - Law - 406 pages SllPERLAWYI~RS .. . .. c..,-~"_ ~- • ~~- Go 10 the Google eBookstore for over 3 mlilion eBonies to read on Ihe Wilb. Android, iPhon~, iPad, Sony and Nook.. Shop for eBooks now» -_.'.-, Add to My UX'aIY " From inside the book --. --_. -_._. ._- - -_.- . -•• r;;;;;;;;:;;-) ~ government 100 pages matcting government in this book. .Page 40 metlt: The goyemmellt has not charged and does not cWm that any member 01 'the General Elecllk boelrd 01 directors, indud· iDg Mr. Ralph J. Coniioer aDd Mr. Robert Paxton [board chairman and pre:sident, respet:tiY~ly1 had J.:nowledg~ of !hl'! ........""'1 ......1_ nl .... .-I.. II t .... In th .. 1 .-II,.h..."nl< .. .. nr..! ..... t'h• •nv_ Page 48 •• Aur:u.sl 1959, to aid the Venezuelan J!Overnmenl in its success-:Page117 11)1 .." ......s.ug ulJ UP1-'I~::.'""C :,,~. :lUU .)'VUU~ 'VI t'IUWUUUU I.U .. Cabinet pNition, 100 poorly paid to Indy enjoy WashingtoD~ why stay in government? And, when YOII leave, why not take scmethlng alQDg with you? Something like the government of Puerto Rico, a United \Vhere's the rest of this book.? http://books_google.comfbooks?eio:Ov7gTqm4PIPeOQH71 NWxBw&ct=result&ido:At07 AAAAIAAJ &d... 12/812011 A-540 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 106of 63 Case 1:05-cv-08136-DC Document 991-2 Filed 12/12/11 Page 34 of 158 Page 2 on The super-lawyers: the sma11 and '" - Joseph C, Goulden - Google Books f What people are saying - Write a review We haven't founcl any reviews In the usual places, Related books ( ) Cleary, Gottlieb, Steen & IWinston &. Strawn Lao Gottlieb The olher government MarX J. Green Other editions - View all TII~: TJlf. SllI'En- SUI'I'.R- IAWYI~R!i 1...\\\i'F.RS ,..... _-._,_....... ..... ..-.-- ....... ~--,- ... '->.c . .:....u.. • , ..... ,'~• .J •• ( -- ) -" 1972 Snippet view 1972 Snippet view Common terms and phrases Abe Fortas AcI1eson Mminlslratiol1 al~in" Ama~o:a" antitrust "ro>ed Amold and Porter &Sked attorney Austem ."!~ I>onk 8 ..nzhBf bli ""...,. chairman Clark Clifford client Commission Commluloner Committee Congress Congression;1 Corcoran corporate ocul1sel Covington and Burling DeanAcheson decl,"m Pon., Oer~nse D~m!X:raUc DobrMr drog Fede",1 go>ernrenl r.... s riled ro,.1yn hearing; t>lnd Inr:!us~ h!l~~ JohnllOn Justice Department President Fort.,.nd law firm Mudge Rose Ito....ik Lloyd Cutler loan MlbbyhlJ matl'Or mant millon Nader Nixon PBnalba partner Pilmlln Penn Central Loylln IlIgl.la!1on rorm~r ~nnedy perun! [Xlli~c.al ~c;lice Ralph Nader Rlnd,lpl! Gulhril lesulalcry agencies Repre~n\aUye S~=liIry Senator Sma~ra !10m....," ~lBrr Stuart Symington rIIilroad Republbn says http://books.google.com/books?ei=Ov7gTqm4PIPeOQH71 NWxBw&ct=result&id=At07 AAAAl.AAJ &d ,.. 121812011 A-541 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 107of 63 Case 1:05-cv-08136-DC Document 991-2 Filed 12/12/11 Page 35 of 158 The super-lawyers: the small and ... - Joseph C. Goulden - Google Books .ubcommlttoo 8"11ar Supnom. Court Ialk Tgmktl IhIng Tommy Corcoran Truman Unimed Lawyer White House WI'O\a Volie Thurman Arnold lion told wantetd WaEhington Law Page 3 of3 Tommy Washington References to this book From Google Scholar Pursuing Regulalory Relief: Stralegic Participation and .,. Patrick Schmidt LiUga~on Socializing The Legal Profflssion: Can Redlslribulirlg Lawyers .. , RICHARDl ABEl- 1979- Law & Polil;}' LobbyL1g by Law Finns: A Study of lobbying by NaUor181 Law Finns .. , MaHhew Darke -1997 - Australian Journal of PubRc Adminblmllon Bibliographic information Tille The !Super-lawyers: the small and powerful wond of the greal Wasfington law filllls Dell book Author Joseph C. GOLlld(Jn Publisher Weybrigh(andTallay, 1972 Original .~ Digitized the University ofCal1fomia Oct 1, 2008 lQngth 4DB pagQs Subjects LaW) General Practice Law! General Practice Law! Legal Prof6Ssioo Law firms Law partnership Practice of law BIBTeX About Goog'e Books - Privacy Policy - Terms of Service· Blog -lnformaUon for PublisheN - RQPort an iSSUQ - Help - Silemap - Google Home @2011 Google http://books.google.comlbooksiei=:0v1gTqm4P£PeOQH71NWxBw&cAesult&id=At07AAAAlAAJ&d... 1218/2011 A-542 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 108 of 158 EXHIBIT 9 1990 1987 1989 1965 1983 1981 1986 1986 1984 1978 1975 1990 1989 1990 1981 1979 1984 1992 1986 1991 1965 1971 1985 1990 1983 1989 1961 1991 1992 1990 1971 1969 1960 1963 CP CP CP CP CP CP CP CP CP CP CP CP CP CP CP CP Ͳ CP CP CP CP CP CP CP CP CP CP CP CP CP CP CP CP CP Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Meta Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip 20101101 20101101 20080305 20080310 20080319 20080414 20100209 20090514 20090624 20090223 20080724 20091009 20091009 20080812 20080821 20081017 20081111 20081104 20081110 20100120 20100517 20080318 20080402 20100225 20080625 20080613 20080710 20100903 20100917 20081111 20090805 20090805 20090413 20081030 UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC UCSC 9007199 ISBN:0830 G. Keith Gurganus Mastering Pagemaker UCAL,2,20101118 9007199 ISBN:0895 Antonia S. Jolles Mastering PageMaker on the I UCAL,2,20101118 9007199 ISBN:0814 Pat Rigg When They Don't All Speak Eng UCAL,5,20091205,20100905 9007199 Ͳ Abram Tert?s? The Trial Begins, & On SocialistUCAL,6,20091204,20100905 9007199 ISBN:0862 Nawal Sa‘dawi Woman at Point Zero UCAL,4,20091204,20100908 9007199 ISBN:0140 Victor S Navasky Naming Names UCAL,4,20091204,20100820 9007199 ISBN:0394 Pam Cook The Cinema Book UCAL,2,20100716 9007199 ISBN:0155 Robert C. Solomon The Big Questions UCAL,2,20091121 9007199 ISBN:0771 Mattison, David Voices UCAL,6,20091121 9007199 ISBN:0969 Betty Boyd Caroli The Italian Immigrant Woman UCAL,12,20091022,20091028 9007199 Ͳ Adam Kuper Anthropologists and Anthropo UCAL,4,20091123 9007199 ISBN:0020 Jim Bouton Ball Four UCAL,2,20100720 9007199 ISBN:0880 Barbara L. Viera Teaching Volleyball UCAL,2,20100720 9007199 ISBN:3540 Carl Chiarella The Elements of a Nonlinear T UCAL,4,20091130 9007199 ISBN:0060 E K Hunt Property and Prophets UCAL,2,20091130 9007199 ISBN:0807 Jurgen Habermas Communication and the Evolu UCAL,6,20091124,20101108 9007199 Ͳ United States. Dept. Attorney General's Task Force UCAL,6,20091124,20101106 9007199 ISBN:0062 Kay LeighͲͲEd. "Haga Women Respond to the Men'sUCAL,4,20091124,20101107 9007199 Ͳ Linda Marie Zerilli Images of Women in Political TUCAL,9,20091124,20101106 9007199 Ͳ Faye Peitzman With Different Eyes UCAL,2,20100716 9007199 Ͳ Joe Darion Man of La Mancha UCAL,2,20100712 9007199 Ͳ David Goldstein The Jewish Poets of Spain, 900UCAL,5,20091204,20100909 9007199 ISBN:0582 Alberta Turner 45 Contemporary Poems UCAL,4,20091204,20100916 9007199 ISBN:8459 J. P. Little Genet, Les Nègres UCAL,2,20100715 9007199 ISBN:0806 Dorothy Mackin Famous Victorian MelodramasUCAL,4,20091202,20100913 9007199 ISBN:0060 Ursula K. Le Guin Dancing at the Edge of the WoUCAL,4,20091202,20100919 9007199 Ͳ Magnus Magnusson The Atom Station UCAL,4,20091201,20101112 9007199 ISBN:0942 Anne Katherine Anatomy of a Food Addiction UCAL,2,20100917 9007199 ISBN:0380 Linda T. Sanford Strong at the Broken Places UCAL,2,20101124 9007199 ISBN:1559 Erika Uitz The Legend of Good Women UCAL,4,20091124,20101105 9007199 Ͳ Henry Cabot Lodge The Works of Alexander Hamil UCAL,2,20100721 9007199 Ͳ Alexander Hamilton The Works of Alexander Hamil UCAL,2,20100721 9007199 Ͳ Andrew Lang The Red Fairy Book UCAL,2,20091122 9007199 Ͳ Harry Ezekiel Wedec Pictorial History of Morals UCAL,2,20091124 A-543 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 109 of 158 1982 Ͳ 1977?Ͳ 1978 Ͳ 1969 Ͳ 1987 CP 1924 Ͳ 1987 CP 1983 Ͳ 1972 CP 1968 Ͳ 1975 CP 1983 Ͳ 1976 Ͳ 1978 Ͳ 1970 Ͳ 1978 CP 1980 Ͳ 1971 Ͳ 1987 CP 1967 Ͳ 1933 CP 1964 CP 1965 CP 1990 Ͳ 1976 CP 1990 Ͳ 1935 CP 1974 Ͳ 1987 CP 1982 CP 1980 CP 1974 CP 1972 CP 1986 CP Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Meta Snip Snip Snip Snip Snip Meta Snip Meta Snip Meta 20080930 20080930 20080930 20080930 20080930 20081001 20080930 20081001 20080930 20081001 20080930 20080930 20080930 20081001 20081001 20081001 20080930 20080930 20080930 20081001 20081001 20081001 20081001 20081001 20081001 20081001 20071018 20081002 20081002 20081002 20081002 20081002 20081001 20081002 UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL 9007199 Ͳ Stanley R. Sloan Crisis in the Atlantic Alliance UCAL,4,20090729,20101110 9007199 Ͳ United States Comm Recent Developments, New Op UCAL,7,20090625,20090818,20101116 9007199 Ͳ Council of Europe. CoLegal Aid and Advice UCAL,4,20090729,20101110 9007199 Ͳ United States Fair Housing Laws and Other F UCAL,2,20090729 9007199 ISBN:0833 Joan Petersilia The Influence of Criminal JusticUCAL,5,20090829,20101204 9007199 Ͳ United States. Burea Regulations to Govern the Lea UCAL,6,20090618,20090914,20101116 9007199 Ͳ Roger A. Putnam Verrill & Dana UCAL,2,20101110 9007199 Ͳ J. Michael GreenwooA Comparative Evaluation of S UCAL,8,20090725,20090729,20101116 9007199 Ͳ Joseph C. Goulden The SuperͲlawyers UCAL,4,20090729,20101116 9007199 Ͳ G.G. Udell Oil Land Leasing Act of 1920 UCAL,9,20090512,20090531,20090914,20101115 9007199 ISBN:0670 Mark J Green The Other Government UCAL,4,20090729,20101116 9007199 Ͳ Ͳ The United States in a ChanginUCAL,10,20090512,20090531,20090914,20101110 9007199 Ͳ John Hollister Stein Paralegals UCAL,8,20090512,20090531,20090914,20101116 9007199 Ͳ Johnny H. Killian Constitutional Rights of ChildreUCAL,9,20090725,20090729,20101116 9007199 Ͳ Virginia R. Allan A Matter of Simple Justice UCAL,4,20090618,20090914 9007199 Ͳ Ford Foundation New Approaches to Conflict ReUCAL,10,20090725,20090729,20090917,20101116 9007199 Ͳ United States Comm Civil Rights Issues of Handicapp UCAL,6,20090724,20090729,20101115 9007199 Ͳ United States Home Owners' Loan Acts and H UCAL,6,20090724,20090729,20101115 9007199 ISBN:0394 Barbara Goldsmith Johnson V. Johnson UCAL,6,20090510,20090531,20090914 9007199 Ͳ United States. Dept. Tenants' Rights UCAL,6,20090724,20090729,20101116 9007199 Ͳ Alpheus Thomas MasBrandeis and the Modern Stat UCAL,8,20090724,20090729,20101116 9007199 Ͳ Wallace Mendelson Felix Frankfurter: a Tribute UCAL,6,20090625,20090818,20101115 9007199 Ͳ Jacob W. Ehrlich A Life in My Hands UCAL,6,20090608,20090914,20101115 9007199 Ͳ John Elsberg Papers on the Constitution UCAL,14,20090724,20090729,20090917,20101116 9007199 Ͳ American AssociationSimple Steps to Successful Leg UCAL,8,20090507,20090531,20090914,20101116 9007199 Ͳ Eugene Victor Rostow President, Prime Minister, Or CUCAL,13,20090724,20090729,20090917,20101116 9007199 Ͳ Paul McClelland AnglHere I Have Lived UCAL,3,20090806 9007199 Ͳ United States. FederaNatural Gas Act UCAL,6,20090724,20090729,20101116 9007199 Ͳ Robert Allen Rutland The American Solution UCAL,6,20090608,20090914,20101204 9007199 ISBN:0917 Peter Gellatly The Management of Serials AuUCAL,2,20090618 9007199 ISBN:0853 Bourne, Ross Serials Librarianship UCAL,2,20110713 9007199 ISBN:0872 Donald J. Lehnus Milestones in Cataloging UCAL,6,20090724,20090729,20101116 9007199 ISBN:0080 K G B Bakewell A Manual of Cataloguing Pract UCAL,6,20090512,20090531,20090914 9007199 ISBN:0897 Berman, Sanford Cataloging Special Materials UCAL,2,20110713 A-544 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 110 of 158 1961 1965 1960 1966 1970 1960 1964 1966 1963 1973 1961 1971 1912 1967 1973 1972 1944 1971 1962 1971 1971 1974 1976 1974 1979 1978 1953 1963 1963 1961 1970 1966 CP CP CP CP CP CP Ͳ CP CP CP CP CP CP CP CP CP Ͳ CP CP CP CP CP Ͳ CP CP CP CP CP CP CP CP CP CP CP Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Snip Meta Meta Meta Snip Snip Snip Snip Snip Snip Meta Meta Snip 20081002 20081001 20081001 20081001 20080930 20081001 20081001 20081001 20081001 20081001 20080930 20080930 20080930 20080930 20080930 20081001 20080930 20080930 20081001 20080930 20080930 20080930 20080930 20080930 20080930 20080930 20080930 20081001 20081001 20081001 20081001 20081001 20081001 20081001 UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL UCAL 9007199 ISBN:0851 Hunter, Eric J AACR 2 UCAL,7,20090724,20090729,20101116 9007199 ISBN:0838 American Library Ass AngloͲAmerican Cataloguing R UCAL,8,20090707,20090818,20101115 9007199 Ͳ Joseph Lee HollanderArthritis and Allied Conditions UCAL,7,20090722,20090822,20101115 UCAL,13,20090724,20090725,20090729,20101114 9007199 Ͳ Maurice Benjamin St Diseases of the Kidney 9007199 Ͳ R. J. Last Anatomy, Regional and Applie UCAL,2,20110713 9007199 Ͳ Ͳ Recent advances in anatomy UCAL,2,20110718 9007199 Ͳ Dimitrii Arkad'evich ZFrom recent advances in anatoUCAL,2,20110713 9007199 Ͳ Daniel John CunninghManual of Practical Anatomy: UCAL,2,20110713 9007199 Ͳ Daniel John CunninghManual of Practical Anatomy: UCAL,2,20110713 9007199 Ͳ Daniel John CunninghManual of Practical Anatomy: UCAL,2,20110713 9007199 Ͳ Charles Emil Tobin Manual of Human Dissection UCAL,9,20090707,20090818,20101110 9007199 Ͳ Wilfrid Edward Le Gr The Tissues of the Body UCAL,2,20110713 9007199 Ͳ Edmund Vincent CowA Textbook of Histology UCAL,2,20110712 9007199 Ͳ Thomas Sydney Lees Histology UCAL,4,20090729,20101116 9007199 ISBN:3794 Kurt Beck Color Atlas of Laparoscopy UCAL,6,20090724,20090729,20101110 9007199 Ͳ Daniel Chapin Pease Histological Techniques for EleUCAL,8,20090604,20090610,20090914,20101116 9007199 Ͳ Imunološki zavod (ZaProceedings UCAL,5,20090725,20090729,20101110 9007199 Ͳ Gustav AsboeͲHanse Hormones and Connective TissUCAL,9,20090707,20090818,20101110 9007199 Ͳ Jill Leland Medical Embryology UCAL,10,20090512,20090531,20090914 9007199 Ͳ Eugene V. D K. PerrinPathobiology of DevelopmentͲUCAL,4,20090729,20101110 9007199 Ͳ Morris Fishbein First International Conference UCAL,4,20090729,20101110 9007199 Ͳ Guyton Basic Human Physiology UCAL,8,20090608,20090914,20101110 9007199 Ͳ Arthur Henry DouthwFrench's Index of Differential DUCAL,2,20110713 9007199 Ͳ Arthur Henry DouthwFrench's Index of Differential DUCAL,3,20110723 9007199 ISBN:0723 Herbert French French's Index of Differential DUCAL,3,20110723 9007199 ISBN:0835 Doralyn J. Hickey Problems in Organizing LibraryUCAL,4,20090729,20101116 9007199 Ͳ Bernard Isaac Comro Arthritis and Allied Conditions UCAL,8,20090509,20090531,20090914,20101115 9007199 Ͳ Louis M. Hellman Williams Obstetrics UCAL,2,20110713 9007199 Ͳ Max Ellenberg Clinical Diabetes Mellitus UCAL,2,20110713 9007199 ISBN:0316 Maurice Benjamin St Diseases of the Kidney UCAL,4,20110713 9007199 ISBN:0316 Maurice Benjamin St Diseases of the Kidney UCAL,2,20110713 9007199 ISBN:3794 R. R. Bowker LLC World Guide to Scientific Asso UCAL,2,20110713 9007199 ISBN:0872 Arlene T. Dowell Cataloging with Copy UCAL,1,20111128 9007199 Ͳ Peter SpyersͲDuran Management Problems in Seri UCAL,2,20110718 A-545 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 111 of 158 A-546 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 112 of 158 EXHIBIT 10 A-547 The Authors Guild - History Case 1:05-cv-08136-DC Document 1053-1 Page 1 of 2 Filed 08/03/12 Page 113 of 158 00 Search: Search • About • Contact • Inform Us The Authors Guild The Authors Guild • • • • • Advocacy Blog Services Publications News & Notes For Members Join • • • • • Home About History Letter from the President Board of Directors History The Authors Guild is the nation's oldest and largest professional society of published authors, representing more than 8,000 writers. The Authors Guild and its parent organization, the Authors League of America, have achieved much for individual authors through the collective power and voice of their members-- from improvement of contracts and royalty statements, to protection of authors' rights under the First Amendment, to the redress of damaging tax inequities. The Guild's legal staff reviews its members' publishing and agency contracts, intervenes in publishing disputes, and holds seminars and symposia on issues of importance to writers. The Guild also lobbies on the national and local levels on behalf of all authors on issues such as copyright, taxation, and freedom of expression. Reports to members bring them up to date on professional issues of immediate importance, and give them the information necessary to negotiate from a position of strength. Resources Authors Guild v. Google Settlement Resources Page Documents and links pertaining to the settlement. I fOllOW 1,1. 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Backinprint.com Fall 2011/Winter 2012 Bulletin Authors Guild Foundation Authors League Fund Authors Registry • Privacy Policy • Site Credits © 2012 The Authors Guild http://www.authorsguild.org/about/history.html 7/23/2012 A-549 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 115 of 158 EXHIBIT 11 A-550 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 116 of 158 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 2 of 110 FreqL1ently Asked QLJestion<;· Google Investor Relation<; 1lt1p;/Ii nvestar .goog.!e.com'oorporateJ'faq.hbnl Coogle investor relations Hom, ______--'11 S,,,c" i Frequently Asked Questions News ard Events • Wnat is Google's mission? How did Google begin? Financial Information • Wnat does Google do? Corporate Governance ExecLJtive Channan's Message Founders' letters .CocIe_oLC.oI~'-lJIj GlIidern~s Board of Directors • Way are we so focused on our users? • How does Gooqle make morey? 'Nhat is driving Google's growth? • Woo are our customers? • \I\loo are DLr partners? • \NI"\e1 are our productS? • Wh:J are Google's CO!l"lpelitors? • lAlhere is Googl9 located? • How rna!)' employees does Gocgle have? Board Comrrittees • Woen waS Google's initial public otferirs and et whot price? Certificate of IncorporalfDn • On what excharge does Google trade and what is ils ticker symbol? BVlaws • How maw. S~!_e:s_oLGocgl~_ ~_re_oL.rtslarding? Report Concerns • How can I invest in Gooale? Can I purchase Google stock direclly frOID the comDary? FAQs • W1at is a transfer agent Company Overview who is yours end tow do I conIeet them? • Does Google pay a cash dividerd? • W1en does Google report earrings? How can I listen to the webcast for the earrings report? • I missed the earongs webcast. Can I listen to the arclived session? • Ywten.doe;;_Googte's fi;;cal year_end? • IJo.hJ::n and where is the Google Annual Stockholders Meeting? • How can I attend th=! Amual Stocktnlders Meeting? • VVhere can I find all of Google's SEC filings? • How can I download and Vtew the Ql.larterly and annual reports online? • Can I reolJest to receive an SEC filings, annual reports, and/or proxy statements electronicaay ralher than thrCllJQn the mail? Can I vote my proxy o~ine? • VVho is Google's Indeperdenl Registered PlJb~c Accourd:ing Firm? • How do I contact Investor Relations? What is Google's mission? Howdid Google begin? Google's mission i;; to orgarize the world's illformation 0100 make it univer;;ally accessible and useful. The first step toward fulfilling that rnssion c:3me when our fOl.l"ders, Larry Page and Sergey Brin, workirg out of a Stanford University dorm room, developed a new approach to onine search that quickly spread to iriormation seekers around the globe. Google is row widely recogrized as the world's largest search engire. Back to lop What does Google do? Google is a global teChnolOgy leader focused on improving the ways people conr.ect 1 of5 1218f201 I \0:42AM A-551 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 117 of 158 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 3 of 110 Frequently Asked Questions· Google Inve5tor Relations http://iJlve~tor.guug.it:.com/corporate/fil({.hblJi with information. Google primarily generates revel"1..e by delr.rering relevant, cost·effective online advertising. BLJ5inesses LJ5e OUf AdWords program 10 promote their prodi.X:I.s an:t selilices with targeted advertlsJrg. In addition, third-parties that comprise our Google network LJ5e our Google AdSense program to deliVer relevant ads that generate rcverue and enhance the user elCperience. For more information, please see our Company Oveliliew. Back to top Why are we so focused on our users? We believe that the most effective, ard tJi.imately the most profrtable, way to accofl1llish our mission is to put the needs of our users first. We've folJld that a high-quality user experience leads to strol"fJ word· of-mouth prorrotian. O lE dedication to our users is reflected in these three key company-wide coITVllitments: • \Ne wiU do ()IJ" best to provide the most relevart and useful searcli results possible, irdependent of financial incentives. Our search resLtts wilt be objective and we will oot accept pa'tmeni for their inclusion or renking. • We will do OlE best to provide the most relevart and useful advertising. Ads should rot be an amoying interruption. If any element on a search result page is influenced by pa'tment to us, we wi. malc:e this fact clear to our users. • We win rever stop working to impro\le a lI user e;.:perience, 0Lr search tectrology, and other sreas of information organization. We believe that our user focus is the foundation of our success to date. We also believe that this focus is critical for the creation of long-term value. We do oot irtend to compromise our LJ5er focLJ5 for soort·term economic gain. We recommerd that you read Letters from Our FoUlders for more about Google's philosophy. Back to top How does Google make money? What is driving Google's gmwth? Today, the majorit't of all" reverue comes from advertising. Advertisers are increasil'l3~ turnjng to the Interr'l9t to market their products and scliliccs. Google Acf\Nords, our auction-based advertising program, enables advertisers to deliver relevant ads targeted to search CllEI'ies or web content to potential customers aa-oss Google sites ard ttrough the Google Network. which consists of content owners and web sites. OLl" proprietal)/ technology automatk:ally matches ads to the content of the page on whch they appear, and advertisers pay us either when a user clicks on one of its ads or based on the number of times their ads appear on the Google Network. We distribute our advertisers' AdWords ads for display on the Google Network through our AdSense program. We share most of lhe revarLJe generated from ads srnwn on a site of a Google Network member with that member. You can learn more about AdWords and AdSense here. Back tq top Who are our customers? Our customers ara over one minion 01 ad\lartisers, from sman businesses targeting local customers to many of the world's largest global enterprises, wh:I use Google 2 of5 (2la12011 I0;42AM A-552 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 118 of 158 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 4 of 110 Frequelldy Asked Questions - Google Investor Relations http://illvestor.googie.(;omi(;orporatdfaq.html AdWords to reach millions of users around the world. Back to too Who are our partners? Partllefships have been vsry important to Google's success throughout our history, ard we take our partnerships \l€ry serioL5ly. Oll" AdSense network consists of partners ra~ing from website publisrers to Ire mosl popular search destinations, to whOm we prOVide advertisemenls and with wh:::lm we share a majority of the reverue we receive from those ads. We also rave relationships with partners who distribute our products and seNices to users a; over the world. Other panners provide valuable content that allows l.5 to brir"9 even more content ard information to Oll" users. Back to top What are our products? Here's a cumorehensive list of all our prodLI:ts and services. Back to 100 Who are Google's compelitors? We rrovi:le this irnormation in our Ar1nLBI Report. Visrt Oll" SEC FWOIls ArOOve page to refer to our most recent annual report. Back to top Where is Google located? Our headquarters is located in Mountain View, Calrrornia, but we have offices allover Ire world, inclLKling offices in Australia, Brazil, Canada, China, France, Germany, India, Ireland, Israel, Japan, Kenya, and lhe lhited KJ!1;ldom. Back to lop How many employees does Google nave? OLI employee ileadoount can be found on au- Fin30cial Tables page. Back 10 lop When was Googlc's initial public offering and at what price? Oll" IPO was on Augusl 18, 2004 at a price of $85 per share. Back 10 lop On what excnange does GooSlle tr.ade and what is its ticker symbol? Sl"Gres of our Class A common stock are nsted on the Nasdaq Stock Market LLC (Nasdaq Global Select Market) lfifer the symbol.2QQ2. Our Class B common stock is not publicly traded. Back to top How many shares of Google are outstanding? Our shares outstanding can be found on Google Firance. 30rs IV8I2011 10:42 AM A-553 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 119 of 158 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 5 of 110 Frequently A5ked Qucstions - Ooogie Investor R.t:lations http;flinve5tor.goog)e.wm'curporateffaq.lltml Back to tap How can I invest in Google? Can I purchase Google stock directly from the company? You can plIchase Class A comman stock of OIl' oofTllany th'OLgh a registered brOkerage or stock purchase service proVider of your choice. You caMOt buy stock directly from Google, Back to top What is a transfer ag9nt, who is yours, and how do I contact tnom? A transfer agent is a regulated orgtrization that keeps track of stockholder records and information. To find out rrore. please contact our transfer agent:: Computershare Trust Company. N.A. P.O, Box 4307S Providence, RI 02940 +1-866-29B-8S35 +1-781-575-2879 ~G9.ffiP1,.tershare . com Back to top Does Google pay a cash dividend? No, we have never declared or paid a cash dividend nor do we expect to pay any diVidends in lhe foreseeable futU'8. Flack to top When does Google report earnings? How can I listen to the webcast for thl'! eamings report? Visit our Webc:asts & Events page, Back to top I missod tno earnings webcast. Can I listen to the archived session? Yes! You're welcome to ~sten to any of O!.Jr archived webcasts. Back to top When does Google's fIScal year end? Our fiscal year ends on December 31. Our quarters end on March 31, June 30, September 30. an:l [)e(;embE:r 31. Back to lop When and where is tho Google Annual Srocknolders Meeting? We generally holcl our Annual Meeting of Stockoolders in the month of Mayor JLOe, AdditiOnal irrformation can be found in our proxy statement for the relevant year. Back to top Howcan I attend the Annual Stockholders Meeting? You can attend our Annual Stockholders Meeting ON....Y if you are a Google stockholder. Additional information regarding alteooal'1::e requirements is detailed in each year's arn..Ja1 pro;w statement. For more irtormation, visit our Amual 40f5 1218/20111O;42AM A-554 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 120 of 158 Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 6 of 110 Freq~mly Asked Que.stiOIlS - Google Investor Relations http://investor.googlt:.com'corporatcifilq.hImI Stockholders Meeting page. Back to top Where can 1find all of Googl9'3 SEC filings? You can access our filings t!vaugh the SEC website. You can also directly order selected Google filings. Back totop How can I download and view the quarterly and annual reports on6ne? You are welcome to download aoo vlew bOth quarterly and annual reports directly from OlJ'" site. Back to top Can I request to receive all SEC filings, annual reports, andlor proxy statements olectronically rather than through the mail? Can 1vote my proxy online? Yes, we tike sa'Oing trees. Please sign up here for electronic enrollment and to vote your proxy online. Back to top Who is Googla's Independent Registered Public Accounting Finn? Emst & Young llP Back to top How do 1 contact Investor Relations? If you can't find the information you're looking for on our website, please feel free to contact us here. Or write to IJS here: G0091e Inc. Attn: Investor Relations 1600 Amphitheatre Parkway Mountain Vie.N, CA 94043 Back to top © G0091e - Google Home - Privacy policy· Terms of $eNce 50f5 1218/2011 10:42 Ml A-555 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 121 of 158 EXHIBIT 12 A-556 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 122 of 158 12/12/11 15 of 110 Ooo&\c Checks O Ul Library Books - News fiom GoogJe Page 1 of3 Google 1. Everything Gooqle 2. CorpDrate informa tion 3. News from Google 4. News announcements 5. News announcement News from Google Images and 8 -r0l1 • 8100 directory • Google+ directory • Twitter directory • Facebook directory • YouTube directory News from Google Google Checks Out Library Books Th e LIbraries of Harvard, Stanford, the University of Michigan, the University of Oxford, and The New York Public Library Join with Googla to Diaita/fy Scan Library Books and Make Them Searchable Online MOUNTAIN VIEW, Calif. - December 14, 2004 - As part of its effort to make aMine nformation searchable online, Google Inc. (NASDAQ: GOOG) today announced that it is working w;lh the libraries of Harvard, Stanford, the Un iversity of Michigan, and the University of Oxford as well as The New York Public Library to digitally scan books from their collections so that users worldwide can search them in Google. "Even before we started Google, we dreamed 01 makIng the incredible breadth of information that librarians so loving ly organize searchable on line," said Larry Page, Google co-founder and president of Products. "Today we're pleased to aMounce this program to digitize the collections of these amazing libraries so that every Google user can search them instantly. http://W..I.W.google.comJpress/pressreJ/print_library.html 12/81201 1 A-557 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 123 of 158 12/12/11 16 of 110 Google Checks. Out Library Books - News. from Google Page 2 of3 "Our work with libraries further enhances the existing Google Print program, which enables users to find matches within the full text of books, while publishers and authors monetize that information,· Page added. "Google's mission is to organize the world's information, and we're excited to be working with libraries to help make this mission a reality." Today's announcement is an expansion of the Google Print™ program, which assists publishers in making books and other offline information searchable online. Google is now working with libraries to digitally scan books from their collections, and over time will integrate this content into the Google index, to make it searchable for users worldwide. "We believe passionately that such universal access to the wand's printed treasures is mission-critical for today's great public university," said Mary Sue Coleman, President of the University of Michigan. For publishers and authors, this expansion of the Google Print program will increase the visibility of in and out of print books, and generate book sales via "Buy this Book" links and advertising. For users, Google's library program will make it possible to search across library collections including out of print books and titles that weren't previously available anywhere but on a library shelf. Users searching with Google will see links in their search results page when there are books relevant to their query. Clicking on a title delivers a Google Print page where users can browse the full text of public domain works and brief excerpts and/or bibliographic data of copyrighted material. Library content will be displayed in keeping with copyright law. For more information and examples, please visit print.qoogle.comfgoogleprintfiibrary.html. About Google Inc. Google's innovative search technologies connect millions af people around the wand with information every day. Founded in 1998 by Stanford Ph.D. students Larry Page and Sergey Brin, Google today is a top web property in all major global markets. Google's targeted advertising program, which is the largest and fastest growing in the industry, provides businesses of all sizes with measurable results, while enhancing the overall web experience for users. Google is headquartered in Silicon Valley with offices throughout North America, Europe, and Asia. For more information. visit vl'NW.google.com. http://www.google.comlpresslpressrel/print_library.html 12/812011 A-558 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-1 Google Checb Out Library Books - News from Google Filed 08/03/12 Page 124 of 158 12/12/11 17 of 110 Page 3 of3 Media Contact: Nathan Tyler Google Inc. +1 650-623-4311 nate@google.com ### Google is a trademark of Goog/e Inc. All other company and product names may be trademarks of the respective companies with which they are assoc'-ated. • Corporate information • News • Company • Jobs • Investor relations • Contact us • © Go091e • Privacy Center • Terms of Service http://www.google.comJpress/pressrel/print_librory.html 12/812011 A-559 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 125 of 158 EXHIBIT 13 A-560 Form 10-K Case 1:05-cv-08136-DC Document 1053-1 Page 1 of 97 Filed 08/03/12 Page 126 of 158 10-K 1 d260164d10k.htm FORM 10-K Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) _ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2011 OR TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission file number: 000-50726 Google Inc. (Exact name of registrant as specified in its charter) Delaware 77-0493581 (State or other jurisdiction of incorporation or organization) (I.R.S. Employer Identification No.) 1600 Amphitheatre Parkway Mountain View, CA 94043 (Address of principal executive offices) (Zip Code) (650) 253-0000 (Registrant’s telephone number, including area code) Securities registered pursuant to Section 12(b) of the Act: Title of each class Name of each exchange on which registered Class A Common Stock, $0.001 par value Nasdaq Stock Market LLC (Nasdaq Global Select Market) Securities registered pursuant to Section 12(g) of the Act: Title of each class Class B Common Stock, $0.001 par value Options to purchase Class A Common Stock Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes _ No Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes No _ Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes _ No Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Website, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes _ No Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K (§229.405 of this chapter) is not contained herein, and will not be contained, to the best of the registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a nonaccelerated filer or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one): http://www.sec.gov/Archives/edgar/data/1288776/000119312512025336/d260164d10k.htm 7/19/2012 A-561 Form 10-K Case 1:05-cv-08136-DC Document 1053-1 Page 2 of 97 Filed 08/03/12 Page 127 of 158 Large accelerated filer _ Accelerated filer Non-accelerated filer Smaller reporting company Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes No _ At June 30, 2011, the aggregate market value of shares held by non-affiliates of the registrant (based upon the closing sale price of such shares on the Nasdaq Global Select Market on June 30, 2011) was $114,824,568,582. At January 19, 2012, there were 257,960,636 shares of the registrant’s Class A common stock outstanding and 67,175,694 shares of the registrant’s Class B common stock outstanding. DOCUMENTS INCORPORATED BY REFERENCE Portions of the registrant’s Proxy Statement for the 2012 Annual Meeting of Stockholders are incorporated herein by reference in Part III of this Annual Report on Form 10-K to the extent stated herein. Such proxy statement will be filed with the Securities and Exchange Commission within 120 days of the registrant’s fiscal year ended December 31, 2011. http://www.sec.gov/Archives/edgar/data/1288776/000119312512025336/d260164d10k.htm 7/19/2012 A-562 Form 10-K Case 1:05-cv-08136-DC Document 1053-1 Page 18 of 97 Filed 08/03/12 Page 128 of 158 Table of Contents Privacy concerns relating to our technology could damage our reputation and deter current and potential users from using our products and services. From time to time, concerns have been expressed about whether our products and services compromise the privacy of users and others. Concerns about our practices with regard to the collection, use, disclosure, or security of personal information or other privacy related matters, even if unfounded, could damage our reputation and operating results. While we strive to comply with all applicable data protection laws and regulations, as well as our own posted privacy policies, any failure or perceived failure to comply may result, and has resulted, in proceedings or actions against us by government entities or others, or could cause us to lose users and customers, which could potentially have an adverse effect on our business. In addition, as nearly all of our products and services are web-based, the amount of data we store for our users on our servers (including personal information) has been increasing. Any systems failure or compromise of our security that results in the release of our users’ data could seriously limit the adoption of our products and services, as well as harm our reputation and brand and, therefore, our business. We expect to continue to expend significant resources to protect against security breaches. The risk that these types of events could seriously harm our business is likely to increase as we expand the number of web-based products and services we offer, and operate in more countries. Regulatory authorities around the world are considering a number of legislative and regulatory proposals concerning data protection. In addition, the interpretation and application of consumer and data protection laws in the U.S., Europe and elsewhere are often uncertain and in flux. It is possible that these laws may be interpreted and applied in a manner that is inconsistent with our data practices. If so, in addition to the possibility of fines, this could result in an order requiring that we change our data practices, which could have an adverse effect on our business and results of operations. Complying with these various laws could cause us to incur substantial costs or require us to change our business practices in a manner adverse to our business. If our security measures are breached, or if our services are subject to attacks that degrade or deny the ability of users to access our products and services, our products and services may be perceived as not being secure, users and customers may curtail or stop using our products and services, and we may incur significant legal and financial exposure. Our products and services involve the storage and transmission of users’ and customers’ proprietary information, and security breaches could expose us to a risk of loss of this information, litigation, and potential liability. Our security measures may be breached due to the actions of outside parties, employee error, malfeasance, or otherwise, and, as a result, an unauthorized party may obtain access to our data or our users’ or customers’ data. Additionally, outside parties may attempt to fraudulently induce employees, users, or customers to disclose sensitive information in order to gain access to our data or our users’ or customers’ data. Any such breach or unauthorized access could result in significant legal and financial exposure, damage to our reputation, and a loss of confidence in the security of our products and services that could potentially have an adverse effect on our business. Because the techniques used to obtain unauthorized access, disable or degrade service, or sabotage systems change frequently and often are not recognized until launched against a target, we may be unable to anticipate these techniques or to implement adequate preventative measures. If an actual or perceived breach of our security occurs, the market perception of the effectiveness of our security measures could be harmed and we could lose users and customers. Web spam and content farms could decrease our search quality, which could damage our reputation and deter our current and potential users from using our products and services. “Web spam” refers to websites that attempt to violate a search engine’s quality guidelines or that otherwise seek to rank higher in search results than a search engine’s assessment of their relevance and utility would rank them. Although English-language web spam in our search results has been significantly reduced, and web spam in 15 http://www.sec.gov/Archives/edgar/data/1288776/000119312512025336/d260164d10k.htm 7/19/2012 A-563 Form 10-K Case 1:05-cv-08136-DC Document 1053-1 Page 61 of 97 Filed 08/03/12 Page 129 of 158 Table of Contents Google Inc. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 1. Google Inc. and Summary of Significant Accounting Policies Nature of Operations We were incorporated in California in September 1998. We were re-incorporated in the State of Delaware in August 2003. We generate revenues primarily by delivering relevant, cost-effective online advertising. Basis of Consolidation The consolidated financial statements include the accounts of Google Inc. and our wholly-owned subsidiaries. All intercompany balances and transactions have been eliminated. Use of Estimates The preparation of consolidated financial statements in conformity with U.S. Generally Accepted Accounting Principles (GAAP) requires us to make estimates and assumptions that affect the amounts reported and disclosed in the financial statements and the accompanying notes. Actual results could differ materially from these estimates. On an ongoing basis, we evaluate our estimates, including those related to the accounts receivable and sales allowances, fair values of financial instruments, intangible assets and goodwill, useful lives of intangible assets and property and equipment, fair values of stock-based awards, income taxes, and contingent liabilities, among others. We base our estimates on historical experience and on various other assumptions that are believed to be reasonable, the results of which form the basis for making judgments about the carrying values of assets and liabilities. Revenue Recognition The following table presents our revenues by revenue source (in millions): 2009 Advertising revenues: Google websites Google Network Members’ websites Total advertising revenues Other revenues Revenues Year Ended December 31, 2010 2011 $15,723 7,166 22,889 762 $23,651 $19,444 8,792 28,236 1,085 $29,321 $26,145 10,386 36,531 1,374 $37,905 Google AdWords is our auction-based advertising program that enables advertisers to place text-based and display ads on our websites and our Google Network Members’ websites. Display advertising comprises the videos, text, images, and other interactive ads that run across the web on computers and mobile devices, including smart phones and handheld computers such as netbooks and tablets. Most of our AdWords customers pay us on a cost-per-click basis, which means that an advertiser pays us only when a user clicks on one of its ads. We also offer AdWords on a cost-per-impression basis that enables advertisers to pay us based on the number of times their ads appear on our websites and our Google Network Members’ websites as specified by the advertisers. Google AdSense refers to the online programs through which we distribute our advertisers’ AdWords ads for display on our Google Network Members’ websites, as well as programs to deliver ads on television broadcasts. 56 http://www.sec.gov/Archives/edgar/data/1288776/000119312512025336/d260164d10k.htm 7/19/2012 A-564 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 130 of 158 EXHIBIT 14 A-565 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 131 of 158 12/12/11 11 of 110 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM1o-K (Mark One) ANNUAL REPORT PlJRSUANTTO SECTlON 13 OR lS(d) OF TlIE SECURInES EXCHANGE ACT OF 1934 ~ For the fI:>Cill )'eilr ended December 31, 2010 o OR TRANSITION REPORT PURSUANT rOSECTION 13 OR lS(d) OFIHE SECURITIES EXCHANGE ACT OFl934 Commission file number: 000-50726 Google Inc.lis charter) 01 II (En~t name reils!r~n\ sper:l~ed In DclaWilfC 77-0499Sal (SIlIl. or ~U\eI' Jurlcdlcllon of Incorpor,ll:lo, or •• pnlzatbn) (lAS. 'EmpIcy=. IdcnUllc:llonNo.) 1600 Amphltflnlto PlII'itway Moul'llain VIew, CA 94043 (Addre:.s of pt1ndpill uKUIN. ott:ces) (Zip Code) (650) 253-0000 (Regl5\ralll's lel~pbone number, Includln£ 8reEl code) Securities registered purzuanl to SeGtlon 12(b} 01 the Act Tltlt oleach elau Name ,,'coch cKcnanso 011 ""'len roglsterod Nasdaq Stock f.luk.t LLC (Nasd;q Glob..! SllIeet M.;rkllt) Class II. Common Stock, 50.001 par value Setlfitie:; r~gisler~ pI.I;want to Seclian 12(g)IJIIheA~t. TIll. 01 eMil c1aa5 ems 8 CommonSto<lt, $0.001 parvatuo OpUoni to purdtan ctut AComltlon Slod! Indic.llie by checit merk If th e regi5lr ~nt is ., welH If'lO\,\n U !5On!d issuer, as defined in Rule 405 01 Iha Sel:urihs Al:t. Yes IE] NI) 0 In!li~~le ty check mark If Ihe reglslr3nl is not requir!!d 10 file reports pursuant to Seclion 13 er Saclion 15(d] of I~R Act Yes 0 No 181 Indi~ntc by check m~rk w:,ctncr t~c reglstront (1) ~es Illed el reperl!! retl,u'r ed to be filed by Section 13 or 15(dJ of t~e &lcuritie~ Exchange Act 011934 dur;ng the pr eceding 12 months (or IlJr :5I.I;h $lor ler period th e! th e registr~nt ... ~s leq~lu!:d \0 f~e such reporls), alld (2) hils b:en subject 10 such filing requirCl':"lcnts fOl the ~st 90 deys. Yes IE! No 0 Indi~ate by chEck nark whethe rl ~.e reg~ranl has subrriued et~\rnn'CaIy;nd poslej on its toraclel", WEbsite. II any.I!V!!'Y In teractive rMlll File rCCJi reli 10 be 5lIbmilt~ srI(I posted p:JrSJiHtI: to Rule 405 Cit RESU"alocrl S-T (§232A05IJ t this chapter) during the prf.cooing 12 IrO"lIhs ICJ" l or suchshorte' Deriod It at Ihe rEf,iSl rantYlM.req.Jired to submit and ~t i uch flk!~). YIl; E I~o 0 Indi!;(ltc by check mork if d.SC::csurc 01 delinquent l~el3 pulsusnt 10 Itcm 405 of RCg\1tatiOIl 5-K (§229.';05 01 Ihis t hoptcr) is not conllIined herein, lind .".; not be contained. 10 Ihe best of the registra ~ r~ kn JWIedge, In ddinitm PfOll:f or normation s",lemell:s incarj::aatedby ref«e ~ce.,Pert 1 01 th~Fcrm l o-i< OJ cnyam~ndmen t lolh"sfonn lOoK. 11 c: IMlcale by mock mark wnethe· the regi~t rant l~ ~ l~fEI'!. Rcf"lelera led liler, an accl<\&ated flEr. II non-accelerateo l iler or a smaller reporUnE company, See rhe defiritions 01 'large "'-a:el!!I~ted I~~r: -aocele!e led tier- an-j -smaller rl!JDllirrg compa ny' in Rule 12:)-2 0' the ~1char"Ce Act. (Dle ~k one): Large accelerated raer lEI Acceler~ted til er 0 NOfl- ~cccler~ led filer 0 Sm ~lI:r reporijn g camp~ny Indicate by check markwhetner the re e:lstrant is a shell compa~~ (as de ~l ned :t1 Rule 12b-2 of the Ext:l1an2e ACt). At ..une 30, 2010, th G G ilIJrGaate m~ rke t value or shar~ hild by r.on- amiates 01 Sl/C~ ~hares on thE Nasd"q Global Selecl M~r~et o. lJumr " the registranl 0 0 Ye..~ No 181 (b~sed ,"pc·n the closing G;]I~ pric~ cf 30. 2010) was S96.601,176,>177,75, At ./a1uary 3\ 2011. Ihcre wtrC 250,869,074 shar"eslJI tho rtgistran"s Class A cumrr.(ln~tD~k wt~ t and lng 8Il:l70.653.031 5hilfe5 01 P-.e l eRislra."lt's CeSS B Wlnr IIUII stl,l\:k :RI\l,lalJllin~ DOCUMENTS INCORPORA.TEO BY REFERENCE Portions of tre rC2~!ranr$ ?fowy Statemen t lor the 2011 Ann u!lNee1~Clt Sl odhotdeffiare U1CD'potaled her!!1n hyfl!lerence in P~rt II; DtltiS Am.ml Reporl on Form '.0-1< !o the ex/en! stated heren. Sr..-cn pi'OIIV st.Jternent wi! be li ed wilh IMe Se eurit"es and ExchanSe C~lss.i!l n within 1 20 days of the.regi;tr~nrs IiSC21~ear end!!d Decembe r 31, 2010. A-566 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 132 of 158 12/12/11 12 of 110 PART I ITEM 1. BUSINESS OVerview Google is a glabel technolagy leader fccused on improving the ways people ccnnect with information. We aspire to build products that im~rovCllhCllives of billions or people globally. Our mission is to organi2c the world's informaticrl and make it universally accessible and useful. Our innovations in web search and advertising have made Ollr website a top internet property and clir brand one or the most rer.ogni7et: in the world. We !jenerate revenue primarily by delive:ing relevant, cost-effeclive online advertising. Businesses use our AdWorcs program to promole their products encl service~ with tergeted edverli~ing. In addition, U-e third parties that comprise the Goo~le NetwOIk use QUr AdSense program to delive: relevant iOds thal generals revsrlUe (jne! enhance the user e:':;'Ierience. We were incorporated in California in September 199B and reincorporated In Delaware in August 2003. Our headquarters are locllted at 1600 AmphHheatre Parkway. Mounlllin View, Califo"nia 94043, and our telephone number Is (650) 253-0000. We completed our Initial publ.e offerlni! In AUEust 2004 and our Class A common stock is listed on the Nasdaq Global Select Market under the symbol'GOOO: Corporate Highlights Efh::ctive April 4, 2011, Larry Page. 0lX Co-FQUnder and President. Products. willlJecorne our Chief EKecuUve mficer, Eric E, Schmidt. our current Chief Executive Officer, wHI ccntinue as the chairman of cur board of directors and will serve as our Executive Chairman, and Sergey Brln, our Cc-Founder and President, TechnoloQY, will continue !Os Co-Founder. In 2010. we contlnu~ to reap the rewards 01 the ~rowLh of the digital economy. The shift of consumers and advertisers from offline 10 online continued unabated, which fueled good growtll in our core business of search advertising. We continued to invest heavily, and rapidly innovate in our searoh technologies to expand the comprehensiveness of QUr index, the relevance of our results. and Ihe speed with which we delive~ se(lrch results. Some recent notable enhancements to search Include G:lDi!:le Instant. Instanl Previews, and Place Search. We believe that sea'ch Villi only become more intelligen:, personal. and interactive, delivering t:'1e information most rele'Jant to users, in thei' I<:r.guogc, and rdevont to their locotian ond interests. In addition, il the past year ws have Else invested aggressively in our newer businesses-namely display, mobile. and enter[lriSF.-tn Ifly thp. gcmrnriwmk for futllfe grnwth_ We hflve also mooe stmtegic tnvP.!':tment~ in critical p'oduct areas, like Android. Chrome, and Chrome OS-followi.'1g our core phiosophy of buHding open pletforms with optionBiity. end creeting infrllstruclure that allows everyone on the web to succeed. We elso belie.. e that an active acquisition proEram is an impa-tant element of our business strategy. During 2010, we invested $1.8 billion to acquire companies, products, servicr:!S, and technoloeies_ Our business is primarily fooused aro~nd lhe following key areas: search, advertising. operating systems and pletforms, and en~erprise. Search We maintain a vast index of websiles alld olher online content, and make i: available thrOligh our search engine to anyone with lin internet connection. Our seerch technologies sort through an e~er-gro\'\'ing amount of infofllrl:ltkm tu dlJt:vlJr relevant and useful search results in respunse to user queries, Vie integrate i1.1OVati~e featlIes into our search service and offer spedalized search services to help users tailer their se8rch. In addition, we are const~ntly improving and adding to our products and services, to prov:de users with more relevant results so thai user:: lind what they are bokirg for faster. A-567 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 133 of 158 12/12/11 13 of 110 G0081e Inc. CONSOLIDATED STATEMENTS OF INCOME (In millions, eKl::ept per share amounts) Vear Ended Decemb@r31, 2009 2010 Revenues •.....••••....••...•...••••. , ......••. , ....•.••••.....••••...••• 821,796 Costs and expenses; Cost of revp.nues (tm:rLJding stock-bassd compsnsati:m expense of 541, 547. 8,622 $67) ......... Research and development (including stock' based compensation expense 2,793 at $732, $725, $861) .............................................. . Sales and marketing (tncluding slock-besed compensation expB'lse of 1,~46 $206, S231, 5261) ........................... . ............ . General end odminislmii ... c (including stock-based compensa:ion e~pense 1,803 of $141,5161, 5187) ........................................... . $23,65: $29,321 8,B44 lO,4H 2.843 3,762 1,984 2,799 1,Ge8 1,962 Totel ccsts end expenses ...................................... . 15,164 15,339 18,940 Income trom opemtials ....................................... . impaIrment of equity invp.strnents Interest ar,d other income, net ••.. , , ••••••.. , , ..••................•......... 6,632 (1,095) 316 8,312 0 69 10,381 0 Income before income taxes ••••. , , ...••••• , , ...••... , , ....... , ..•....•.... Provision for income lexes ..••••. , , .................. , 5,853 1,626 8,381 1,861 10,796 2,291 2008 Net income .. S 4,227 Net income per sI".are of Class A and Class B common stock: Bas'c •.. , •..•..... . ....... . tJi1'Jted. , , .••••......•.......... , .. , •........... 415 $ 6,520 $ 8,605 --- --- --- S --- --S 13.'16 ;:; 20.62 13.31 S 20.41 S 26.69 $ 26.81 ~ See llccQ,llpanying notes. 50 A-568 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 134 of 158 EXHIBIT 15 FILED UNDER SEAL A-569 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 135 of 158 EXHIBIT 16 FILED UNDER SEAL A-570 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 136 of 158 EXHIBIT 17 A-571 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 137 of 158 Goou 1e B o ul~s (Bela) - Terms and Cor:dlnons 11/1 7 /11 Contact Us I Help books partrier prograr-n I Google Books Partner Program Standard Terms and Conditions PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING FOR THE GOOGLE BOOKS PARTNER PROGRAM. PARTICIPATION IN THE GOOGLE BOOKS PARTNER PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR THE GOOGLE BOOKS PARTNER PROGRAM. Introduction.By accepting the Standard Terms and Conditions of this Content Hosting Services Agreement (the "Agreemenr'), You are requesting to participate in the Google Books Partner Program ("the Program") where Google Inc. and its affiliates ("Google") provides scanning , storage and hosfing services at the di rection of content providers that seek to make their content available to end users via the Inlernet, subject to the terms of this Agreement, certain Program Policies ("Program Policies") located at http://books.google.com/partner/policies (as such URL may be updated from time to time by Google) and the Program Frequently Asked Questions ("FAQ") located at http://books.google.com/supportipartner (as such URL may be updated from time to time by Google). "You" means the entity identified in an enro llment form submitted by the same Dr affiliated persons, which shall also be bound by the terms of this Agreement. 1. Program Participation. Participation in the Program is subject to Google's prior approval and Your continued compliance wilh Program Policies. Google reserves Ihe right to refuse participation to any applicant or participant at any time in its sole discretion. Google further reserves the right to modify the Program Policies and the FAQ from time to time. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by Google (including by electronic mail). PLF hl:ps;lIbooks.google.ccm/p<l rlner/terms EXHIB IT ~ 0"", z.~ I Dc}? Willl~S~ 1/8 GOOGOSO00439 A-572 Case 1:05-cv-08136-DC Document 1053-1 11/17/11 Filed 08/03/12 Page 138 of 158 Googlc Books (Bela) - Terms and Conditions 2. Implementation. If You are accepted into the Program, You agree to identify in the format specified by Google the works that you . wish to include in the Program ("Authorized Works" ) and del iver to Google such Authorized Works in print and/or digital format, at your expense, within the time frame specified in the FAQ. Google is not responsible for any loss , theft or damage of any kind to the Authorized Works . All content contained within the Authorized Works, including but not limited to all text, images, photographs, illustrations and all material and artwork on the book jackets and covers , is referred to collectively as the "Authorized Content." Google (or its agents) may digital ly scan th e Authorized Content, including the content contained on book jackets and covers , and store the Authorized Content on servers ho sted by Google. You agree that Google may sca n th e Authorized Content in any location it chooses. Google may index the Aulhorized Content, and, in response to requests by end users of Google's search services, display search results relating to the Authorized Conte nt. Google will not return to You the print copies of Authorizod Worlcs that You send to Google. 3. Content Excerpt Pages. You further request an d authorize Google to (i) render the Authorized Content into digital format, if necessary; (ii) store and index the Authorized Content; and (i ii ) use and display th e Authorized Content as provided herein. Go ogle may host, store, operate, maintain and rnake accessible to end users certain "Content Excerpt Pages" that display a digital image of th e Authorized Content, or equivalent, and other lin ks and/or material that Google may determine. Although You grant Google the permiSSion to scan, index and host tile AuUlorized Content and display Content Excerpt Pages. Google mal<es no promise or representation that it will or that it will continue to do so with each Auth orized Work that you send to Google. 4. Restrictions on Use of Authorized Content. Goog le will use commerciall y reasonable efforts to (a) limit the total number of pages of each Authorized Work viewed by any end user in connection with Goog le's search services to 20% of the Authorized Content of any Authorized Work per 3D day period and (b) disable "right-click" cut, copy and paste function s, and printing of Authorized Content; provided , however. that Google does not guarantee that its efforts to preve nt or limit the actions stated above will in every instance be effective. The obligation in clauses (a) and (b) above will not apply to Authorized Content in the hUp s:/ibooks .googlc. com /po rtn crlt~rm5 2/8 GOOG05000440 A-573 Case 1:05-cv-08136-DC Document 1053-1 11117/11 Googlc Bookel (BeID) Filed 08/03/12 Page 139 of 158 Terms and Conditions public domain. Furthermore, You can elect that greater than 20% of the Authorized Content of your Authorized Works can be viewed. 5. Brand Features; PUbiicity. You agree that Google may use Your name and logo ("Brand Features") in connection with the Authorized Content and in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. You agree not to make any public announcement regarding this Agreement or the terms hereof without the prior written consent of Google. 6. Proprietary Rights; Required Notices. Nothing contained in Ihis Agreement conveys any ownership right to Google in any of the Authorized Content, or other materials provided by You. 7. Confidentiality. You agree not to disclose Google Confidential Information without Google's prior written consent. "Google Confidential Information" includes without limitation: (a) all Google software, technology, programming, technical specifications, materials, guidelines and documentation (including the terms of this Agreement) relating to the Program; (b) click-through rates and all other reporting information relating to the Ads (including revenues paid to You by Google) and the Authorized Content to the extent provided to You by Google; and (c) any other information dosignated in writing by Google as "Coniidential" or an equivalent designation. It does not indude information that has become publicly known through no breach by You or Google, or information that has been (i) independently developed without access to Google Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority. 8. Ads; Payment.You agree that Google may serve third party andlor Google provided advertisements (collectively, "Ads") in connection with the Authorized Content using Google's advertising serving technology. Such Ads will appear in the style and format that may be offered generally by Google, when such advertising inventory is available. You shall receive a payment related to the number of valid clicks on Ads displayed on Content Excerpt Pages as determined by Google for its participants in the Program. Unless otherwise agreed to by the parties in writing (including electronic mail), payments to You shall be sent by Google within approximately thirty (30) days after the hI tps:llbOClks. go09I e com/pariner/le rms 3/8 GOOG05000441 A-574 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 140 of 158 Gocgle Dooks (Beta) - Telms and COI'dHiolls 11/17.'11 end of each calendar month that Ads are running on Conlent Exce rpt Pages if Your earned balance is $100 or more. tn the event the Agreement is temlinated, Google shall pay You r eamed balance to You within approximatety ninety (90) days after the end of the calendar month in which Google recogni zes that the Agreement has been terminated, but in no event shall Google make payments for any earned balance less Ulan $10. Google reserves the righ t to retain all revenu es derived from its search services, in cluding without limitation, Ads that appear on search result pages that contain snippets of Authorized Content. Notwithstanding the foregoing, Googte shall not be ti able for any payment bas ed on (a) any amounts which result from invalid queries, or invalid clicks on Ads generated by any person, bot, automated prog ram or similar device, including, without limitation, through any clicks or impressions (i) originatin g from Your IP addresses or compute rs under Your control, or (i i) solicited by payment of money, false representation or request for users to dick on Ads; (b) Ads delivered to end users whose browsers have JavaScript disabl ed; (c) Ad s benefiting charitable organizations and other placeholder or transparent Ads that Goog le may deliver; (d) Goog le advertiseme nts for its own products and/or services; or (e) clicks co-mingted Witll a significant number of in valid clicks described in (a) above, or as a result of any breach of this Agreement by You for any applicable pay period. Google reserves the right to withhold payment or charge back Your accoun t due to any of the foregoing , any breach of this Agreement by You, pending Google's reasonable investigation of any of the foreg oing or any breach of this Agreement by You, or in the event that an advertiser whose Ads are displ ayed on Content Excerpt Pages defaults on payment for such Ads to Google. In addition , if You are past due on any payment to Goog le in connection with any Googte program (including without limi tation the Google AdWords program), Google reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with the Program by amounts owed by You to Google. Google will provide access to such standard aggregated advertising data that Google provi des to participants of the Program gen era lly. To ensure proper payment, You are sol ely responsible for providing and maintaining accurate contact and payment infomlation associ ated witll Your acco unt. For U.S. taxpayers, this infomlatio n includes without limitation a valid U. S. tax identification number and a fully-comple ted Form W-9. For non-U.S. taxpayers, this information https:/ibool,r;.googlc.co m/partn er/terms 4:8 GOOG0500044 2 A-575 Case 1:05-cv-08136-DC Document 1053-1 Googlc 11/17/1 1 Bcoh~ Filed 08/03/12 Page 141 of 158 (Bel<:1) - Term:; and Conditions includes without limitation a fully-completed Form W-8 which may requ ire a valid U.S. tax identification number. as required by the U.S. tax authoriti es. More information regarding required tax information and forms will be available from Your account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any govemment entity in connection with Your participation in the Program . Google may change its pricing and/or payment structure at any time. If You dispute any payment made under the Program. You must notify Google in writing within thirty (30) days of any such payment; failure to so notify Google shall resu lt in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Google. No other measureme nts or statisti cs of any kind shall be accepted by Google or have any effect under this Agreement 9. No Guarantee. Goog le makes no guarantee regard ing the level of impressions of or clicks on any Ad. the timing of delivery of such impressions and/or cli cks. or the amollnt of any payment to be made to You under thi s Agreement. 10. No Warranty. GOOGLE MAKES NO WARRAI~TY. EXPRESS OR IMPLIED. INC LUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES. AND EXPRESSLY DISCLA IMS THE WARRANTIES OR CONDITIONS OF NON INFRINGEMENT. MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. 11 . Limitations of Liability; Force Majeure. EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREU NDER. (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL. SPECIAL. INDIRECT. EXEMPLARY. OR PUNITIVE DAMAGES WHETHER IN CONTRACT. TORT OR ANY OTHER LEGAL THEORY . EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) GOOGLE'S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY GOOGLE TO YOU DURING TH E THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party httpS::rOOOks.goog le.com/par!narl1arms 5/8 GOOG05D00443 A-576 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 142 of 158 GooDie Book5 (Bela) - Term3 and Condilion.s 11/17.'1 1 acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism , earthquake or other acts of God, labor conditions, and power fa ilures. 12. Representations and Warranties. You represenl and warrant that (a) You are at least 18 years of age , (b) all of the information provided by You to Google to enroll in the Program and to include the Authorized Works in the Program is correct and current; (c) You hold the necessary rights, including all intellectual property rights, in and to the Authorized Content and Your Brand Features to enter into this Agreement and grant the rights granted herein, and (d) You have the power and authority to enter into this Agreement, to perform the acts required of You hereunder, and to grant the rights granted herein. You further represent and warrant that the Authorized Content: (i) conforms to Ihe Program Policies, (ii) does not violate any applicable law, statute, ordinance or regulation and Oii) does not breach and has not breached any duty toward or rights of any person or entity inCluding, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection , product liability, tor~ or con tract Iheories. B. Your Obligation to Indemnify. You agree 10 indemnify, defend and hold Google, its agents, affiliates, subsidiaries, directors, officers , employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licen sors, licensees , consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts , and reasonable legal fees), brought against any Indemnified Person(s), arising out of, rela ted to or whi ch may arise from Your use of the Program, the Authorized Content, Your Brand Fealures, andlor Your breach of any term of this Agreement. 14. Termination. You may terminate this Agreement with or without cause with thirty (30) days prior notice to Google. Google may at any time, in its sole discretion, terminate the Program, terminate this Agreement, or withdraw any https:llbo:Jlls.google,com/pannor/le rm s 618 GOOG05000444 A-577 Case 1:05-cv-08136-DC Document 1053-1 11/17/11 Filed 08/03/12 Page 143 of 158 Googlo Books (Bela) - Terms and Condilions Authorized Content in the Program. For any termination of this Agreement by either party, Google shall use commercially reasonable efforts, within thirty (30)days (or as soon thereafter as is commercially reasonable), to cease to serve Content Excerpt Pages (or portions thereof) to end users of Google's search services. For the avoidance of doubt, Google will continue to host and index the Authorized Content after termination of this Agreement, for the purpose of providing search results. The provisions of Sections 2, 6, 7, 9-11,13,14, 15and 17will survive any termination of this Agreement. 15. Information Rights. Google may retain and use for its own purposes all information You provide, including but not limited to contact and billing infonmation. You agree that Google may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your participation in tho Program, including to third parties that reside in jurisdictions with less restrictive data laws than Your own. Google may also provido infonmation in response to valid legal process, sLlch as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Google disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. Google may share aggregate (I.e., not personally identifiable) information about You with advertisers, business partners, sponsors, and other third parties. 16. Parties' Responsibilities. You are solely responsible for the Authorized Content, Your Brand Featuros, and adherence to the terms of this Agreement, including compliance with the Program Policies. You shall not, and shall not authorize or encourage any third party to directly or indirectly generate queries, impressions of or clicks on any Ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software. Google reserves the right to investigate, at its own discretion, any activity that may Violate this Agreement, including but not limited to any use of a software application to access Ads or any engagement in any activity prohibited by this Agreement. Google is not responsible for anything related to the Authorized Content or Your Brand Features. In addition, Google shall not be obligated to provide notice to You in hllpS.flhOOks.goool(>.mm/panner/terms 718 GOOG05000445 A-578 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 144 of 158 G,::!OO lc BcXll(s (Bela) . Term s E:nd Condilions 11t17!11 the event th at Ads are not being displ ayed properly to end users of the Content Excerpt Pages. 17. Miscellaneous. This Agroement shall be govemed by the laws of Cal ifomia. except for iis conflicts of laws principles. Any dispute or claim arisi ng out of or in connection with this Agreement shall be adjudi cated in Santa Clara County, California. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Unifonm Computer Infonmation Transactions Act. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to thi s Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by Google. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any SUbsequent breach or default or a waiver of the provision itself. If any prOVision he rei n is held unc:lIlforceab le, then such provision will be modified to reflect the parties' intention , and the remaining provisions of this Agreement will remai n in full force and effect. This Agreement does not affect any right that either party would have had, or shall have, independent of the Agreement including rights to Authorized Content under the Copyright Act. You may not resell, assign , or transfer any of Your rights hereunder. Any such attempt may resul t in temnination of this Agreement, without liabil ity to Google. Notwithstanding the fore going, Google may assign this Agreement to any affiliate at any time without notice. The relationship between Google ami You is not one of a legal partnership rela tionship, but is one of independent contractors. November 21, 2005 © 20 11 Google -!::i.QnJ.fl- Contact Us - privacy Po licy - Terms htlpS:lfbooks.googla,comtpartnerl1arms 616 GOOG05000446 A-579 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 145 of 158 EXHIBIT 18 FILED UNDER SEAL A-580 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 146 of 158 EXHIBIT 19 A-581 Case 1:05-cv-08136-DC Document 1053-1 hltp:lIsupport.google.com'bookslbinlanswer.py?ld=en&answer=43729 ?.'hy can" I rend the entire book'! - Books Help +You Gmail Calendar Document s Photos Sites Google Filed 08/03/12 Page 147 of 158 Web Sign in More - !" Why can't I read too entire. hook? "B"ooKs Help Many of the books in Go091e Books co me from authors and publishers who partlcipate in our Partner Program. For "' i these books, our partners decide how much of the book is browsable - anY'Nhere frum a faw sample pages to the whole book. S ame partners offer the entire book In a dig ital edition through Google eBooks, in whic h cese you can purchase the bool~. For books that enter Google Books throug h the Library Project. what you see depends on the book's copyright status. W e res pect copyright law and the tremendous creative errurt authors put Into their work. If the book is 'in the public domain and therafore out of copyright, you can page through the entire book and even download it and read it aminp.. But if the book is under copyright. and the publisher Dr (JU tl IOf is not part o f the Partner Program, we only show basic infonnation about the book, similar to a card catalog, and , in some eDSOS, a few snippets terms in context. The sentences of your search amof Google Books is to help you r!i~cover bool\$ Clnd assist you with buying them or finding a copy at a locall1brary. It's like going to a bool,store and browsing - Was this information helpful? o Yas 0 vlith El Google tvvisl No Books - Contacting Us - Help 'Nith othe r Google produc ts - Change lang uage : l.~r~ij~j~ ~_~~2 . . -~ ©2011 G0091 Gnoole Home · PriV.:lCY Policy - Te nn s of Service 6· n.£ u,,' lOf1 I;.XHlBlT ~. 7 -\0-\2 J2/8/2011 12:24 PM A-582 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 148 of 158 EXHIBIT 20 A-583 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 149 of 158 12/12/11 24 of 110 Commiltt::t:: on In:;titutional Coopt::ration (CIC) Joins Google's Library Project- New~ from Google Page 1 of3 Google 1. Everything Google 2. Corporate information 3. News from Google 4. News announcements 5. News announcement News from Google Images and B-roll Blog directol)' • Twitter directory • Facebook directory • YouTube directory News from Google Committee on Institutional Cooperation (CIC) Joins Google's Library Project Announcement June 6, 2007 The number of libraries participating in the Google Book Search Library Project just got a whole lot bigger with today's addition of the Committee on Institutional Cooperation (GIG). The CIC is a national consortium of 12 research universities, including University of Chicago, University of Illinois, Indiana University, University of Iowa, University of Michigan, Michigan Slate University, University of Minnesoia, Northwestern University, Ohio State University, Pennsylvania State University, Purdue University and the University of VVisconsinMadison. Google will work with the ele to digitize select collections across all its libraries, up to 10 million volumes. http://www.google.comlintl/en/pressfannc/books_cic.html 12/812011 A-584 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 150 of 158 12/12/11 25 of 110 Committee on Instirutional Cooperation (ClC) Joins Google's Library Project-News from Google Page 2 of3 Readers will have access to many distinctive and unique collections held by the consortium. Users will be able to explore collections that are global in scope, like Northwestern's Africana collection or dive deep into the universities' unique Midwest heritage, including the University of Minnesota's Scandinavian and forestry collections, Michigan State's extensive holding in agriculture, Indiana University's folklore collection, and the history and culture of Chicago collection at the University of Illinois-Chicago. Google will provide the CIC with a digital copy of the public domain materials digitized for this project. With these files, the consortium will create a first-of-its-kind shared digital repository of these works held across the C1C libraries. Both readers and libraries will benefit from this group effort • The shared repository of public domain books will give faculty and students convenient access to a large and diverse online library before housed in separate locations, • This new collaboration will enable librarians to collectively archive materials over time, and allow researchers to access a vast array of material with searches customized for scholarly activity. For books in the public domain, readers will be able to view, browse, and read the full texts online. For books protected by copyright. users will get basic background (such as the book's title and the author's name). at most a few lines of text related to their search, and information about where they can buy or borrow a book. "This library digitization agreement is one of the largest cooperative actions of its kind in higher education," said CIC chairman Lawrence Dumas, provost of Northwestern University. "We have a collective ambition to share resources and work together to preserve the world's printed treasures." Two C1C member universities are already working with Google Book Search, the University of Michigan and the University of Wisconsin-Madison, and this new agreement will complement the digitization work already taking place. The C1C becomes the latest partner in the Google Books Library Project, which in addition to the University of Michigan and University of Wisconsin-Madison, also includes Harvard University, Stanford University, Oxford University, the New York Public Library, Stanford University, University of California. University of Texas at Austin, University of Virginia, Princeton Library. the Complutense University of Madrid, the Bavarian State Library, t1ie Library of Catalonia, the University Library of Lausanne and Ghent University Library, Google is also conducting a pilot project with the Library of Congress. The Google Books library Project digitizes books from major libraries around the world and makes t1ieir collections searchable on Google Book Search. More information can be found at: books.google.com. http://www.googlc.comlintUcnlprcsslannclbooks_cic.html 12/812011 A-585 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-1 Filed 08/03/12 Page 151 of 158 12/12/11 26 of 110 Committee on Institutional Cooperation (CIC) Joins Google's Ubrat}' Project- News from Google Page 3 on Corporate information News Company • Jobs • Investor relations • Contact us • ©Google • Privacy Center • Terms of Service http://wwv.r.googlc.comlintllcnfprcsslannclbooks_cic.html 121812011 A-586 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 152 of 158 EXHIBIT 21 A-587 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 153of 4158 Case 1:05-cv-08136-DC Document 1004 Filed 02/08/12 Page 1 of DURIE TANGRI LLP DARALYN J. DURIE (Pro Hac Vice) ddurie@durietangri.com JOSEPH C. GRATZ (Pro Hac Vice) jgratz@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant Google Inc. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE AUTHORS GUILD, INC., Associational Plaintiff, BETTY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all other similarly situated, Plaintiffs, Civil Action No. 05 CV 8136 (DC) ECF Case v. GOOGLE INC., Defendant. DECLARATION OF DANIEL CLANCY IN SUPPORT OF GOOGLE INC.’S OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION A-588 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 154of 4158 Case 1:05-cv-08136-DC Document 1004 Filed 02/08/12 Page 2 of I, Daniel Clancy, declare as follows: 1. I am a Engineering Director at Google Inc. I make the following declaration based on my personal knowledge and, if called upon to do so, could testify competently to the matters set forth herein. 2. The Google Books program began in 2004 with the scanning of book collections belonging to the University of Michigan, Harvard, Stanford, Oxford, and the New York Public Library. As part of Google Books, Google scans books in certain library collections, indexes them, and returns information about those books, including short “snippets” of text—about an eighth of a page—so that users can search for and find books they may wish to purchase or check out from a library. 3. On each page that shows snippets, Google provides links to buy the book on various online bookstores, such as Amazon.com, and to find it in a nearby library. There are no advertisements on these pages, and Google does not receive payments from the bookstores in connection with the “buy the book” links. 4. Google has scanned more than twenty million books as part of Google Books. Users of Google Books can see search results that include snippets of text in English for more than four million of these books. 5. Almost every conceivable type of book is included within Google Books, from novels to telephone directories to historical works to children’s picture books. Google’s service enables these books to be found in a way that would otherwise be impossible. Users may thereafter buy the book in a bookstore or locate it in a nearby library. 6. Google also has a Partner Program, pursuant to which publishers provide Google with authorization to display larger excerpts of works. Through the Partner Program, Google 2 A-589 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 155of 4158 Case 1:05-cv-08136-DC Document 1004 Filed 02/08/12 Page 3 of displays full pages from books in response to users’ search queries. More than 45,000 publishers have chosen to participate in the Partner Program in order to make their works easier to find and purchase, and over 2.5 million books are included within the Partner Program. 7. Google has a policy of removing books from snippet view; upon request from an author or other rightsholder, Google will remove books from snippet view, and provides a simple web form for making such a request. If a book is not yet in snippet view, the form can be used to request that Google not scan the book, and Google has a policy of accommodating these requests. None of the plaintiffs named in this action has made such a request to remove his or her book from snippet view, nor has any submitted a request that their books not be scanned. 8. For books in “snippet view,” Google only displays snippets, and displays only up to three snippets in response to a given search query, even if the search term appears on dozens of pages in the book. The snippets are intended to provide enough context to determine whether the book contains information of interest to the searcher, but not to act as a replacement for the book itself. 9. Google does not display snippets of dictionaries and similar reference works. 10. Google puts numerous safeguards in place to ensure that users cannot, even in the aggregate, view a full page of a snippet-view book, or even several contiguous snippets—for example, by making the placement of snippets in a page fixed, by displaying only one snippet per page in response to a given search, and by “blacklisting” one snippet per page and one out of ten pages in a book. 3 A-590 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 156of 4158 Case 1:05-cv-08136-DC Document 1004 Filed 02/08/12 Page 4 of I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on February '1 ,20 12, III iAllLLVJ o:C"- V; ~I CA. 2~ 50 C9 ) C<~'Y Drurid 4 A-591 Case 1:05-cv-08136-DC Document 1053-1 Filed 08/03/12 Page 157 of 158 EXHIBIT 22 A-592 Case 1:05-cv-08136-DC Document 1053-1 Case 1:05-cv-08136-DC Document 991-1 Dolhe libraries f;!::l l copy ofk book? - Boob Htlp Filed 08/03/12 Page 158 of 158 12/12/11 30 of 110 httpJrsllppClfL\:OOck-com'booksl'birt"ans..... cr.py?h1==en&answer-437jl ..You Gmoil Ca'endar Doctmeris Photos Sies Web More· Sign in Google Do the libraries g~~.wJ>~grJhe book? Yes. Each Ybrary \,\;1 receive a digital copy of every book we scan at from their respective eolleclions. Each library will trellt tI1elt copie& in accordance Mih copyrighllaw. wa s this Information helpful? °YesONo o I BookS· CCltttadng Us • Helpvdh other Googta products - Chaogel:ngU3go: English (US) (12011 Google • Google Home - Privacy Policy - Terms (If SeNice I (If I 121&12011 11:44 AM A-593 Case 1:05-cv-08136-DC Document 1053-2 Filed 08/03/12 Page 1 of 51 EXHIBIT 23 PART 1 (LIBRARY AGREEMENTS WITH THE NEW YORK PUBLIC LIBRARY, THE UNITED STATES LIBRARY OF CONGRESS, STANFORD UNIVERSITY, PRINCETON UNIVERSITY, COLUMBIA UNIVERSITY, CORNELL UNIVERSITY, AND HARVARD UNIVERSITY HAVE BEEN FILED UNDER SEAL) A-594 Case 1:05-cv-08136-DC Document 1053-2 Filed 08/03/12 Page 2 of 51 COOPERATIVE AGREEMENT This COOPERATIVE AGREEMENT (the "Agreemenf') is entered into by and between Google Inc., a Delaware corporation with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043 ("Google"), and the Regents of the University of Michigan/University Library, Ann Arbor Campus, with its prinCipal offices at 818 Hatcher South, Ann Arbor, MI 48109-1205 ("U of M"), and is effective on the date of the execution of this Agreement (the "Effective Date"). Google and U of M herein are sometimes referred to hereinafter individually as a "Party" and collectively as the "Parties". 1. U of M is a leading academic institution and has amassed an enormous collection of works in various media. 2. Google is a leader in providing the public with access to billions of web pages through a search engine that processes requests in less than half a second, and responds to more than 150 million search queries per day. 3. Google and the U of M share a mutual interest in making information available to the public. The Parties believe that working collaboratively will create mutually beneficial knowledge about standards and automated methods for organizing and indexing digitized works and to refine standard requirements for repositories of digital content. 4. Accordingly, the Parties desire to enter a nonexclusive agreement whereby Google will digitize works from the U of M collection to include them in Google's search services, and to make them available to the University of Michigan for preservation, archival or other purposes of its choosing (e.g., inclusion in Michigan's search services). 1. DEFINITIONS. Capitalized terms will have the meanings set forth below unless defined elsewhere in the Agreement. 1.1 "Available Content" means the U of M print book and journal Collection, but excludes Special Collections materials. Available Content also includes U of M Digital Content in an amount corresponding to the amount of digital content that Google provides to U of M via the U of M Digital Copy. 1.2 "Brand Features" means trade names, trademarks, service marks, logos, and other distinctive brand features, of which Google's Brand Features include but are not limited to Google, the Google logo, other marks that incorporate the word "GOOGLE," PAGERANK, and of which U of M's brand features include but are not limited to the University of Michigan name, University of Michigan identification marks, and the University Library name and logo. 1.3 "Digitize" means to convert content from a tangible, analog form into a digital representation of that content. 1.4 "Distribution Price" means an amount equal to or greater than a per-page amount multiplied by the number of Digitized pages involved. The per-page amount shall be equal to the amount charged by Google for distributing to the general public the same Digitized pages ("Google Amounf'). If there exists no Google Amount for the same Digitized pages, the per-page amount shall be the amount charged by Google for distributing to the general public similar pages digitized pursuant to the same Project Plan ("Similar Google Amounf'). To the extent no Google Amount or Similar Google Amount exists, the per-page amount shall be an amount mutually agreed upon in good faith by Google and U afM. 1.5 "End User" means a person or entity that uses the Services. CONFIDENTIAL GOOG05000355 A-595 Case 1:05-cv-08136-DC Document 1053-2 Filed 08/03/12 Page 3 of 51 1.6 "Enterprise Search Services" means the Search Services provided by Google to companies for use by employees of those companies and others. 1.7 "Google Digital CopV' means a digital copy retained by Google of the Available Content that is Digitized by Google. 1.8 "Google Search Services" means the Search Services provided by Google directly through the web sites located at www.google.com and corresponding international and other domains (e.g., www.google.de, www.google.info, etc). 1.9 "U of M Collection". means materials identified in section 1.2 above. 1.10 "U of M Digital Copy" means a digital copy transferred by Google to U of M of the Available Content that is Digitized by Google. 1.11 "Partner Search Services" means the Search Services provided by Google to an End User via a partner site that has entered into an agreement with Google to provide some or all of the Search Services through its own website. 1.12 "Pilot Project" means the onsite work at the University of Michigan, beginning from the Effective Date of this contract and ending on April 15, 2005. 1.13 "Project" means a project for Digitizing certain Selected Content. 1.14 "Initial Term" means the first six years of the Project, including the Pilot Project period. 1.15 "Project Form" means a form, pursuant to this Agreement, that contains the details of a Project Plan, similar to the sample attached as Exhibit A. 1.16 "Project Plan" means a plan for implementing a Project. The Project Plan shall include the following: (1) instructions by U of M regarding how the Selected Content is to be collected and returned by Google; (2) if required, the amount of time available to U of M for performing conservation efforts; (3) the amount of time available to Google from receipt of the Selected Content until it is due to be returned to U of M; and (4) a budget for the Project. 1.17 "Requested Portion" means a portion of the U of M Digital Copy requested by a third party. 1 .18 "Search Services" means the search services provided by Google to an End User pursuant to which the End User can view, inter alia, content conSisting of or derived from the Google Digital Copy (subject to the restrictions set forth in this Agreement) in response to search or browsing requests. 1.1 9 "Selected Content" means the portion of the Available Content that Google desires to Digitize or incorporate into the Services, both collectively and its component parts, including any and all other works of authorship included therein. 1.20 "Services" means collectively the Google Search Services, the Partner Search Services, and the Enterprise Search Services. 1.21 "U of M Digital Content" means content that U of M already has in its possession in Digitized form, as of the Effective Date. 1.22 'Website," 'World Wide Web," "the Internet," and other technical terms in this Agreement and project plans refers to the current common usage of such terms and successor facilities of equal or greater capability. CONFIDENTIAL 2 GOOG05000356 A-596 Case 1:05-cv-08136-DC Document 1053-2 2. Filed 08/03/12 Page 4 of 51 RESPONSIBILITIES 2.1 Identifying Content to be Digitized. The parties shall cooperate to identify Available Content to be Digitized. Upon agreeing to such Selected Content, the Parties shall cooperate in good faith and with diligence to develop a timetable for completing the Project Plan for the Selected Content. The Parties shall then memorialize the Project Plan in a Project Form. 2.2 Collecting the Selected Content. Upon commencement of a Project, U of M shall be responsible for performing any conservation efforts that U of M determines are required for the associated Selected Content. On a rolling basis, as this conservation effort is completed, U of M shall provide the conserved Selected Content to Google for Digitizing. If agreed upon by the parties in a particular Project Plan, this collection function may instead be assigned to Google. 2.3 Locating the Digitization Operation. For each Project, U of M shall attempt in good faith to provide Google with adequate physical space to Digitize the Selected Content. If U of M is unable to provide such space, U of M shall cooperate with Google to identify and obtain space that Google can use at reasonable rates. The location of any such physical spaces shall be mutually agreed upon by the parties. 2.3.1 Transporting and Storing the Selected Content. On a Project-specific and material-specific basis, U of M may authorize Google to remove some or all of the Selected Content from U of M premises to perform digitization in facilities controlled by Google. All risk of loss, damage, or destruction of the materials will lie with Google from the time Google accepts possession of the materials until such time as they are returned to U of M on U of M premises. Google will carry reasonably sufficient insurance against the risk of loss, damage or destruction of materials entrusted to Google's custody. In general, for all materials, Google will provide a transport method and temporary storage area that is reasonaoly clean, dry, cool, free from insects and other pests, protected from fire, and secure against theft and vandalism. Because the value of the materials and the environmental conditions necessary for transporting them and maintaining them in good condition will vary based on the particular materials involved, U of M will inform Google of the reqUirements for transport and storage of particular materials on a Project-specific basis. For insurance purposes, U of M (relying on guidelines from its Risk Management office) will provide Google with a good faith estimate of the value of any materials approved for removal from U of M premises, and will provide Google with an itemized list of any such materials. 2.3.2 On-Site (i.e., not transported) Conversion of Selected Content. The terms in 2.3.1 regarding insurance, accessibility to print materials for U of M users, and precautions taken to ensure protection of the materials shall also apply to materials digitized on-site in the Buhr storage facility. 2.4 Digitizing the Selected Content. Google will be responsible for Digitizing the Selected Content. Subject to handling constraints or procedures specified in the Project Plan, Google shall at its sale discretion determine how best to Digitize the Selected Content, so long as the resulting digital files meet benchmarking guidelines agreed to by Google and U of M, and the U of M Digital Copy can be provided to U of M in a format agreed to by Google and U of M. U of M will engage in ongoing review (through sampling) of the resulting digital files, and shall inform Google of files that do not meet benchmarking guidelines or do not comply with the agreed-upon format. Should U of M encounter a perSistent failure by Google to meet these guidelines or supply the agreed-upon format, U of M may stop new work until this failure can be rectified. Any restrictions on Google's discretion shall be specified on a project-by-project basis via the corresponding Project Form(s) or by amendment to this Agreement. 2.5 U of M Digital Copy. Google agrees to provide to U of M a copy of all Digitized Selected Content thai has been "Successfully Processed" within thirty (3~) days after the Selected Content is Digitized, or in a timeframe mutually agreed by the Parties. Digitized Selected Content is "Successfully Processed" when Google determines it has satisfactorily gone through all stages of Google's digitization, post processing and quality assurance procedures (not to exceed thirty days for material received by Google, unless otherwise agreed to by the parties). Within thirty (30) days after the Selected Content is Digitized, or in a timeframe mutually agreed by the Parties, Google shall provide the U of M Digital Copy CONFIDENTIAL 3 GOOG05000357 A-597 Case 1:05-cv-08136-DC Document 1053-2 Filed 08/03/12 Page 5 of 51 to the U of M. Unless otherwise agreed by the Parties in writing, the U of M Digital Copy will consist of a set of image and OCR files and associated information indicating at a minimum (1) bibliographic information consisting of the title and author of each Digitized work, (2) which image files correspond to that Digitized work, and (3) the logical order of those image files. Google shall provide the U of M Digital Copy via a network connection, or in any other manner mutually agreed upon by the Parties. 2.5.1 Google may delay transferring Digitized Selected Content to U of M if it decides not to use that content due to a dispute with a third-party. In this case, Google must inform U of M, in writing, of the details of the dispute and the specific content to be delayed. Google may delay transfer of this content until such time as Google makes any use (including indexing) of that Digitized content (or the same content acquired from another source, if that Digitized content is in the public domain or out-ofprint) beyond storage in a dark archive. 2.5.2 Within 3 years of the time Google has transferred Digitized Selected Content to U of M, if Google decides not to use that content due to a dispute with a third-party, U of M will destroy that content (so long as it is in print and protected by copyright) from the U of M Digital Copy. In this case, Google must inform U of M in writing of the details of the dispute and the specific content to be destroyed. If, at any time, Google subsequently makes any use (including indexing) of that Digitized content (or the same content acquired from another source, if that Digitized content is in the public domain or out-ofprint) beyond storage in a dark archive, Google will retransfer that Digitized Content to U of M. 2.6 Returning the Selected Content. Once completed with the Digitizing process, Google will be responsible for returning the Selected Content to the source from which Google obtained it and in the like manner in which it was collected, within three (3) weeks unless otherwise specified in the Project Form or otherwise agreed upon by the parties. If Google reasonably determines that it will require longer to Digitize some or all of the Selected Content than the time frame set forth in the Project Form, the Parties will discuss in good faith whether a time extension is feasible. If the Parties agree upon an extension, they shall record such agreement as an amendment to the Project Form. If the Parties can not agree upon an extension, Google shall return the Selected Content within the time frames set forth in the Project Form. 2.7 Responsibility for damage to the Selected Content. While certain Selected Content is within Google's possession, Google shall make commercially reasonable efforts to minimize damage to the Selected Content, including handling the Selected Content in accordance with handling instructions set forth in the Project Form, if any. If Google, due to its negligence, damages certain Selected Content, Google shall, at its own cost, have the damaged Selected Content restored to the condition in which Google received it. Restoration of all materials must be performed by or under the management of U of M Conservation Services. 3. COSTS 3.1 Costs borne by U of M. U of M shall bear the following costs: U of M employees (other than staff scanning operators and staff employed to pull and return materials to the shelves, including reshelving) whose partiCipation is contemplated by this Agreement (including all cost of U of M employees required to provide Selected Content to Google as well as project management costs incurred by U of M), network bandwidth and data storage required by U of M to receive some or all of the U of M Digital Copy or existing bandwidth available for use by Google to transfer Digitized files from U of M facilities to Google's data centers and U of M space that may be available to Google. 3.2 Costs borne by Google. Google shall bear the following costs: Google employees or agents whose participation is contemplated by this Agreement (including all cost of Google employees required between receipt/collection of the Selected Content from U of M and retum of the Selected Content to U of M), hardware and software required to Digitize the Selected Content, space required to Digitize the Selected Content (to the extent not provided by U of M), transportation of Selected Content from the U of M facility in which the Selected Content is normally kept (if required), and resolving copyright issues associated with Google's use of the Google Digital Copy. 3.3 Budgets. Notwithstanding the foregoing, U of M and Google may jointly develop a budget for each Project Plan, pursuant to which the parties can allocate the cost of researching and identifying the Selected Content, conducting conservation assessments, performing conservation work, and CONFIDENTIAL 4 GOOG05000358 A-598 Case 1:05-cv-08136-DC Document 1053-2 Filed 08/03/12 Page 6 of 51 performing any required copyright research and clearances. Any such budget shall take precedence over the general obligations set forth above in sections 3.1 and 3.2. 4. OWNERSHIP AND USE OF DIGITAL COPIES AND SERVICES 4.1 Copyright Law. Both Google and U of M agree and intend to perform this Agreement pursuant to copyright law. If at any time, either party becomes aware of copyright infringement under this agreement, that party shall inform the other as quickly as reasonably possible. 4.2 Copyright Status. As Selected Content is provided by U of M to Google for Digitizing, U of M shall to the best of its knowledge notify Google which portions of the Selected Content are in the pul:>lic domain and which portions may be subject to copyright. Notwithstanding the foregoing, Google shall be responsible for ensuring that Google's digitization and its use of the Google Digital Copy is authorized by the relevant copyright holders or by law. If either party reasonably determines that a portion of the Selected Content that was previously thought to be in the public domain is actually subject to copyright, that party shall promptly notify the other party in a writing that particularly identifies the portion(s) and provides an explanation for why the portion(s) are believed to be subject to copyright. 4.3 Searching Free to the Public: Google agrees that to the extent that it or its successors make Digitized Available Content searchable via the Internet, it shall provide an interface for both searching and a display of search results that shall have no direct cost to end users. Violations of this subsection, 4.3, not cured within thirty days of notification by U of M shall terminate U of M's obligations under section 4.4. 4.4 Ownership and use of U of M Digital Copy. Neither U of M nor Google shall have any ownership or license rights to the Available Content that is Digitized (i.e., to the materials underlying the digitization process), except where UM already has such rights. As between Google and U of M and subject to the provisions in this section 4, U of M shall own all rights, title, and interest to the U of M Digital Copy. 4.4.1 Use of U of M Digital Copy on U of M Website. U of M shall have the right to use the U of M Digital Copy, in whole or in part at U of M's sole discretion, as part of services offered on U of M's website. U of M shall implement technological measures (e.g., through use of the robots.txt protocol) to restrict automated access to any portion of the U of M Digital Copy or the portions of the U of M website on which any portion of the U of M Digital Copy is availal:>le. U of M shall also make reasonable efforts (including but not limited to restrictions placed in Terms of Use for the U of M webSite) to prevent third parties from (a) downloading or otherwise obtaining any portion of the U of M Digital Copy for commercial purposes, (b) redistributing any portions of the U of M Digital Copy, or (c) automated and systematic downloading from its website image files from the U of M Digital Copy. U of M shall restrict access to the U of M Digital Copy to those persons having a need to access such materials and shall also cooperate in good faith with Google to mutually develop methods and systems for ensuring that the substantial portions of the U of M Digital Copy are not downloaded from the services offered on U of M's wel:>site or otherwise disseminated to the public at large. 4.4.2 Use of U of M Digital Copy in Cooperative Web Services. Subject to the restrictions set forth in this section, U of M shall have the right to use the U of M Digital Copy, in whole or in part at U of M's sole discretion, as part of services offered in cooperation with partner research libraries such as the institutions in the Digital Library Federation. Before making any such distribution, U of M shall enter into a written agreement with the partner research library and shall provide a copy of such agreement to Google, which agreement shall: (a) contain limitations on the partner research library's use of the materials that correspond to and are at least as restrictive as the limitations placed on U of M's use of the U ofM Digital Copy in section 4.4.1; and (b) shall expressly name Google as a third party beneficiary of that agreement, including the ability for Google to enforce the restrictions against the partner research library. 4.5 Ownership and use of Google Digital Copy. Neither U of M nor Google shall have any ownership or license rights to the Available Content that is digitized (I.e., to the materials underlying the digitization process), except where UM already owns such rights. As between Google and U of M and subject to the provisions in this section 4. Google shall own all rights, title, and interest to the Google Digital Copy. CONFIDENTIAL 5 GOOG05000359 A-599 Case 1:05-cv-08136-DC Document 1053-2 Filed 08/03/12 Page 7 of 51 4.5.1 Google use of Google Digital Copy. Subject to the restrictions set forth in this section, Google may use the Google Digital Copy, in whole or in part at Google's sole discretion, as part of the Services. For portions of the Google Digital Copy that correspond to works mutually identified as being in the public domain or for which Google has obtained permission from the relevant copyright owner(s), Google may among other things index the full text and serve and display full-sized digital images corresponding to those portions. For all other portions of the Google Digital Copy, Google may index the full text but may not serve or display the full-sized digital image unless Google has appropriate legal authority to do so; Google instead may serve and display (1) an excerpt that Google reasonably determines would constitute fair use under copyright law and (2) bibliographic (e.g., title, author, date, etc) and other non-copyrighted information. If U of M discovers that digital images being served and displayed full-size by Google are subject to copyright restrictions, U of M shall notify Google in writing and Google shall cease serving and displaying such images full-size. Furthermore, to address situations where Google believed it had the right to serve full-sized digital images but was incorrect in such belief, Google shall implement processes (e.g., notice and takedown) that facilitate the ability of copyright owners to request removal of such digital images from the index. 4.5.2 Security and Privacy Regarding Google's Use of the Google Digital Copy. Google shall implement technological measures (e.g., through use of the robots.txt protocol) to restrict automated access to any portion of the Google Digital Copy or the portions of the Google website on which any portion of the Google Digital Copy is available. In addition, Google shall maintain on its website a privacy policy that governs collection and use of information that Google obtains from a user of the Google Search Services. 4.5.3 Distribution of Google Digital Copy. To the extent portions of the Google Digital Copy are either in the public domain or where Google has otherwise obtained authorization, Google shall have the right, in its sole discretion, to make copies of such portions of the Google Digital Copy and to provide, license, or sell such copies to any party, subject to such copies being used consistent with the copyright-related restrictions set forth in section 4.5.1. 4.6 Ownership and Control of Services. As between the parties, the Services and all content therein is, and at all times will remain, the exclusive property of Google or its partners; nothing in this Agreement implies any transfer to U of M of any ownership interest in the Services. U of M acknowledges and agrees that Google retains control of the Services, and that the design, layout, content, functions and features of the Services are at Google's discretion. Notwithstanding anything to the contrary in this Agreement, Google is not required to make any or all of the Google Digital Copy available through the Services. 4.7 No other rights. Except as set forth above, nothing in this subsection shall be interpreted as a grant of right from either party to the other party. 5. ACCESS. AUTHORIZATION. AND SUPPORT 5.1 Access. On a project-specific basis, Google shall have the right to access Selected Content during U of M business/staff hours (8:00am to 5:00pm, Monday through Friday) without first being required to notify U of M. On a project-specific basis, U of M may make reasonable efforts to provide Google with access to Selected Content outside of U of M business hours provided that Google notify U of M at least three days in advance of its desire to access such materials. 5.2 Authorization. The U of M program manager responsible for the Selected Content involved in any Project Plan shall have authority to agree with Google on the time frames and procedures (e.g., collection, conservation, handling) associated with that Selected Content. If Google In good faith believes that the time frames and procedures requested by the U of M program manager are unreasonable, Google shall escalate the matter to the U of M administrative contact; in which case Google, the U of M program manager, and the administrative contact shall meet to resolve the issue. 5.3 Support. U of M shall appoint one person to serve as the administrative contact for Google, should administrative questions or issues arise during the course of this Agreement. This administrative contact shall be available during business hours at a telephone number and e-mail address to be provided by U of M. U of M shall also appoint one person to serve as the technical contact for Google, for obtaining or regulating the use of the U of M Digital Copy. This technical contact shall be available during CONFIDENTIAL 6 GOOG05000360 A-600 Case 1:05-cv-08136-DC Document 1053-2 Filed 08/03/12 Page 8 of 51 regular U of M business hours (8:30 to 4:30, Monday through Friday) at a telephone number and e-mail address to be provided by U of M. Upon execution of this contract, both Google and U of M shall identify these individuals in writing, and the resulting document shall serve as an addendum to this contract. 6. CONFIDENTIALITY 6.1 Confidential Information. By virtue of this Agreement, each Party may have access to information of the other Party which is considered confidential and proprietary, including the terms of this Agreement, Project Plan or Project Form, product plans, customer lists, and proprietary technology or methods ("Confidential Information"), whether disclosed in tangible or intangible form. Information disclosed in tangible form will be considered Confidential Information if it is marked as "Confidential" or a similar designation. Information disclosed in intangible form will be considered Confidential Information if the disclosing party clearly indicates that it is confidential at the time of disclosure. 6.2 Obligations. Each Party shall exercise at least the same degree of care to avoid the publication or dissemination of the Confidential Information of the other Party as it affords to its own confidential information of a similar nature which it desires not to be published or disseminated. The receiving Party shall not use Confidential Information of the disclosing Party except in the furtherance of this Agreement or the performance of its obligations hereunder. The obligation of the Parties not to disclose Confidential Information survives expiration, termination or cancellation of this Agreement. 6.3 Exceptions. Neither Party is obligated to protect Confidential Information of the other Party that: (i) is rightfully received by the receiving Party from another party without restriction, or (ii) is known to or developed by the receiving Party independently without use of, or reference to, the Confidential Information, or (iii) is or becomes generally known to the public by other than a breach of duty hereunder by the receiving Party, (iv) has been or is hereafter furnished to others by the discloSing Party without restriction on disclosure, or (v) required to be disclosed by any governmental authority. Google understands that U of M, as a public institution, is subject to the Michigan Freedom of Information Act, and any disclosure of Confidential Information required by that statute will not constitute a breach of this agreement. 7. MARKETING 7.1 Press Releases or Announcements. Other than as has been mutually agreed upon by the Parties, neither Party may make any press announcements about the relationship or this Agreement without the prior written approval of the other Party, which will not be unreasonably withheld or delayed. U of M and Google, as practicable, will coordinate regarding the timing of any press release(s) and will mutually agree upon appropriate talking points. 7.2 License to Marks. Each party will submit all materials of any kind containing the other party's Brand Features (other than its name in customer lists) to the other party for approval prior to release to the public. Except as set forth in this section, nothing in this Agreement shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by Google of U of M's Brand Features (including any goodwill associated thereWith) shall inure to the benefit of U of M and all use by U of M of Google's Brand Features (including any goodwill associated therewith) shall inure to the benefit of Google. At no time during the Term shall one party challenge or assist others to challenge the Brand Features of the other party (except to the extent required to protect its own Brand Features) or the registration thereof by the other party, nor shall either party attempt to register any Brand Features or domain names that are confusingly similar to those of the other party 8. TERM AND TERMINATION 8.1 Term This Agreement is effective as of the Effective Date and continues in full force and effect until April 30, 2009, unless earlier terminated as provided herein at the end of the Pilot Project. Upon the expiration of the Initial Term, this Agreement shall automatically renew for additional one year terms (each a "Renewal Term") unless either Party notifies the other Party to the contrary at least thirty (30) days before the end of either the Pilot Project, the Initial Term or a Renewal Term. The "Term" of this Agreement shall comprise the Initial Term and any Renewal Terms. 8.2 Effect of Expiration or Termination. Within thirty (30) days after expiration or termination of this Agreement for any reason, each Party shall return to the other Party (or, at that Party's request, CONFIDENTIAL 7 GOOG05000361

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