Perfect 10 Inc v. Google Inc et al

Filing 272

DECLARATION of Dr. Norman Zada In Support Of Reply for MOTION for Review of Portions of Magistrate Judge Hillman's Order of February 22, 2008 Granting in Part Perfect 10's Motion to Compel Defendant Google, Inc. to Produce Documents, and Objections Thereto; Memorandum of Points and Authorities i #257 filed by Plaintiff Perfect 10 Inc. (Attachments: #1 Exhibit 1)(Mausner, Jeffrey)

Perfect 10 Inc v. Google Inc et al

Doc. 272

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JEFFREY N. MAUSNER (State Bar No. 122385) DAVID N. SCHULTZ (State Bar No. 123094) Mausner IP Law 21800 Oxnard St., Suite 910 Woodland Hills, California 91367-3640 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Perfect 10, Inc. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PERFECT 10, INC., a California corporation, Plaintiff, v. GOOGLE INC., a corporation; and DOES 1 through 100, inclusive, Defendants. AND CONSOLIDATED CASE MASTER FILE NO. CV04-9484 AHM (SHX) Declaration of Dr. Norman Zada In Support Of Plaintiff Perfect 10, Inc.'s Reply Memorandum Of Points And Authorities For Its Motion for Review and Reconsideration of Portions of Magistrate Judge Hillman's Order of February 22, 2008 Granting in Part Perfect 10's Motion to Compel Defendant Google, Inc. to Produce Documents, and Objections Thereto [Memorandum Of Points And Authorities and Declaration Of Jeffrey N. Mausner Submitted Concurrently Herewith] Date: April 14, 2008 Time: 10:00 A.M. Place: Courtroom of Judge Matz

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Declaration Of Dr. Norman Zada In Support Of Plaintiff Perfect 10, Inc.'s Reply Memorandum For Its Motion for Review and Reconsideration of Portions of Magistrate Judge Hillman's Order of February 22, 2008 Dockets.Justia.com

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I, Norman Zada, declare as follows: 1. I am the President of Plaintiff Perfect 10, Inc. ("Perfect 10"). I have been very involved in the prosecution of this case and am very familiar with all aspects of it, including the production of documents by Perfect 10 and by Google. All of the matters stated herein are of my own personal knowledge, except where otherwise stated, and if called as a witness, I could and would testify competently thereto. 2. Perfect 10 has taken the position in this litigation that it will make every reasonable effort to produce all relevant documents requested of it. Attached as Exhibit 1 is a true and correct example of some of Perfect 10's discovery responses. As can be seen, on these sample pages, we have agreed to produce documents in response to every request. 3. Perfect 10 has produced over 1,200,000 pages of documents to Google in this litigation, containing more than 1,100,000 copies of full-size Perfect 10 copyrighted works on websites to which Google links and/or receives advertising payments. Perfect 10 has produced tax returns, financial statements, server logs, and a vast quantity of other documents. In contrast, aside from multiple copies of Perfect 10's own notices of infringement, Google has produced few documents other than approximately 3,000 pages of third party notices. 4. Most of the infringement of Perfect 10 copyrighted images has occurred on websites to which Google links and/or receives advertising payments, which I will refer to as "download" sites. There are at least thirty-nine download sites which have been Google AdWords advertisers, which have infringed at least 15,000 Perfect 10 images each. Virtually all of these sites offer billions of dollars in stolen full-length movies, songs, computer software, and images. There are at least 30 additional download sites to which Google has linked and/or displayed Perfect 10 images from, that have also infringed thousands of Perfect 10 images
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Declaration Of Dr. Norman Zada In Support Of Plaintiff Perfect 10, Inc.'s Reply Memorandum For Its Motion for Review and Reconsideration of Portions of Magistrate Judge Hillman's Order of February 22, 2008