Perfect 10 Inc v. Google Inc et al

Filing 317

REPLY MOTION for Leave to file Second Amended Complaint #297 - Perfect 10's Reply to Additional Document Submitted by Google's Counsel at the Hearing on Perfect 10's Motion for Leave to File Second Amended Complaint; Declaration of Dr. Norman Zada in Support filed by Plaintiff Perfect 10 Inc. (Mausner, Jeffrey)

Perfect 10 Inc v. Google Inc et al

Doc. 317

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JEFFREY N. MAUSNER (State Bar No. 122385) DAVID N. SCHULTZ (State Bar No. 123094) Law Offices of Jeffrey N. Mausner Warner Center Towers, Suite 910 21800 Oxnard Street 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 Case No.: 04-9484 AHM (SHx) PERFECT 10'S REPLY TO ADDITIONAL DOCUMENT SUBMITTED BY GOOGLE'S COUNSEL AT THE HEARING ON PERFECT 10'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; DECLARATION OF DR. NORMAN ZADA IN SUPPORT Date: July 14, 2008 Time: 10:00 a.m. Place: Courtroom 14, Courtroom of the Honorable A. Howard Matz Discovery Cut-Off Date: None Set Pretrial Conference Date: None Set Trial Date: None Set

Perfect 10's Reply to Additional Document Submitted by Google's Counsel at the Hearing on Perfect 10's Motion for Leave to File Second Amended Complaint
Dockets.Justia.com

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At the hearing on Perfect 10's Motion for Leave to File Second Amended Complaint this morning, Google's counsel submitted to the Court a document that was not included in Google's Opposition. Google's counsel claimed that this document showed that Perfect 10 knew, in January 2006, that Google was storing full-size Perfect 10 images on its servers. One of the pages of this document is attached as Exhibit 1. Contrary to Google's claim at the hearing, this document does not show that Perfect 10 knew that full-sized Perfect 10 images were stored on Google's servers in January 2006, because the images shown on this document were not stored on Google's servers. Rather, the images were stored on and in-lined linked from a different website, imagevenue.com. Imagevenue.com is not registered to Google. See the attached Declaration of Dr. Zada and Exhibits 2 and 3. Because these images were not stored on Google's servers, the document submitted by Google's counsel does not establish that Perfect 10 knew that full-size Perfect 10 images were stored on Google's servers on that date. This document does not contradict Dr. Zada's or Mr. Mausner's declarations. Google could have seen that these images were not stored on Google's servers, the same as Dr. Zada did, by right clicking on the images on the hard drive that was produced to them. Dated: July 14, 2008 Respectfully submitted, s/Jeffrey N. Mausner By:

JEFFREY N. MAUSNER Attorney for Plaintiff Perfect 10, Inc.

-1Perfect 10' Reply to Additional Document Submitted by Google's Counsel at the Hearing on Perfect 10's Motion for Leave to File Second Amended Complaint

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DECLARATION OF DR. NORMAN ZADA 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. All of the matters stated in this declaration are of my own personal knowledge, except where otherwise stated, and if called as a witness, I could and would testify competently thereto. I make this declaration in reply to the document that Google presented to the Court during the hearing on July 14, 2008. 2. The images of "Marketa" on the document presented by Google, dated January 5, 2006, were not stored on Google's servers. Rather, those images were stored on the website imagevenue.com, which I have verified is registered to a "Hostfin Limited" in "Roseau, 00152 DM," not to Google. 3. Attached as Exhibit 2 is a true and correct print screen of a portion of the document that Google used in court today, dated January 5, 2006, which I printed from the same Adobe file that was produced to Google. I have right clicked on the top image on the left, to show that the location of that image was on imagevenue.com, not blogger.com, at the time this image was downloaded on January 5, 2006. Adobe, which is the program that was used to download these images, stores the image locations at the time the document is downloaded. (I have added the green checkmark which highlights the URL imagevenue.com, for the convenience of the court.) I right clicked on all of the images of "Marketa" on this document today, to verify that all of them were stored on imagevenue.com on January 5, 2006, not blogger.com. 4. Because of in-line linking, just because an image appears on a blogspot.com website does not mean that the image is stored on that site, or on Google's servers. The images in the example used by Google are in-line linked from the website imagevenue.com and are stored on imagevenue.com servers, not on Google servers. Images that have blogger.com or google.com in their image
-2 Perfect 10's Reply to Additional Document Submitted by Google's Counsel at the Hearing on Perfect 10's Motion for Leave to File Second Amended Complaint

Exhibit 1

Exhibit 2

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Exhibit 3
7/14/2008 4:57 PM

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