Perfect 10 Inc v. Google Inc et al

Filing 432

DECLARATION of Rachel Herrick Kassabian in support of MOTION for Partial Summary Judgment as to Defendant Google Inc.'s Entitlement to Safe Harbor Under 17 U.S.C. 512(b) For Its Caching Feature [Public Redacted] MOTION for Partial Summary Judgment as to Defendant Google Inc.'s Entitlement to Safe Harbor Under 17 U.S.C. 512(b) For Its Caching Feature [Public Redacted] #426 , MOTION for Partial Summary Judgment as to Defendant Google Inc.'s Entitlement to Safe Harbor Under 17 U.S.C. 512(c) For Its Blogger Service [Public Redacted] MOTION for Partial Summary Judgment as to Defendant Google Inc.'s Entitlement to Safe Harbor Under 17 U.S.C. 512(c) For Its Blogger Service [Public Redacted] #427 , MOTION for Partial Summary Judgment as to Defendant Google Inc.'s Entitlement to Safe Harbor Under 17 U.S.C. 512(d) For Web And Image Search [Public Redacted] MOTION for Partial Summary Judgment as to Defendant Google Inc.'s Entitlement to Safe Harbor Under 17 U.S.C. 512(d) For Web And Image Search [Public Redacted] #428 [Public Redacted] filed by Counter Claimant Google Inc, Defendant Google Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L1, #13 Exhibit L2, #14 Exhibit L3, #15 Exhibit L4, #16 Exhibit L5, #17 Exhibit L6, #18 Exhibit L7, #19 Exhibit L8, #20 Exhibit L9, #21 Exhibit L10, #22 Exhibit L11, #23 Exhibit L12, #24 Exhibit L13, #25 Exhibit L14, #26 Exhibit L15, #27 Exhibit L16, #28 Exhibit L17)(Herrick, Rachel)

Perfect 10 Inc v. Google Inc et al

Doc. 432

1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Michael T. Zeller (Bar No. 196417) [e-mail] 2 865 South Figueroa Street, 10th Floor 3 Los Angeles, California 90017-2543 Telephone: [phone] Facsimile: [phone] Charles K. Verhoeven (Bar No. 170151) [e-mail] 5 50 California Street, 22nd Floor 6 San Francisco, California 94111 Rachel Herrick Kassabian (Bar No. 191060) [e-mail] 7 555 Twin Dolphin Drive, Suite 560 8 Redwood Shores, California 94065 9 Attorneys for Defendant Google Inc. 10 11 12 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NO. CV 04-9484 AHM (SHx) [Consolidated with Case No. CV 054753 AHM (SHx)] DECLARATION OF RACHEL HERRICK KASSABIAN IN SUPPORT OF DEFENDANT GOOGLE'S MOTIONS FOR SUMMARY JUDGMENT RE: GOOGLE'S ENTITLEMENT TO SAFE HARBOR UNDER 17 U.S.C. § 512 Hon. A. Howard Matz Date: August 17, 2009 Time: 10:00 a.m. Ctrm: 14 Discovery Cut-off: None Set Pretrial Conference Date: None Set Trial Date: None Set PUBLIC REDACTED

13 PERFECT 10, INC., a California corporation, 14 Plaintiff, 15 vs. 16 GOOGLE INC., a corporation; and 17 DOES 1 through 100, inclusive, 18 19 20 22 23 vs. Defendants. AND COUNTERCLAIM

PERFECT 10, INC., a California 21 corporation, Plaintiff,

24 AMAZON.COM, INC., a corporation; A9.COM, INC., a corporation; and 25 DOES 1 through 100, inclusive, 26 27 28 Defendants.

DECLARATION OF RACHEL HERRICK KASSABIAN IN SUPPORT OF GOOGLE'S MOTIONS FOR SUMMARY JUDGMENT RE: GOOGLE'S ENTITLEMENT TO SAFE HARBOR UNDER 17 U.S.C. § 512 Dockets.Justia.com

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I, Rachel Herrick Kassabian, declare as follows: 1. I am a member of the bar of the State of California and an attorney

3 with Quinn Emanuel Urquhart Oliver & Hedges, LLP, counsel for Defendant 4 Google Inc. ("Google") in this action. I make this declaration of my personal and 5 firsthand knowledge and, if called and sworn as a witness, could and would 6 competently testify thereto. 7 9 2. 3. Attached as Exhibit A is a chart which summarizes, for the court's Attached as Exhibit B is a true and correct copy of excerpts of the Joint 8 convenience, the deficiencies in each of Perfect 10's claimed DMCA notices. 10 Stipulation Re: Google's Motion to Determine the Sufficiency of Perfect 10's 11 Responses to Google's Requests for Admission, Docket No. 372, filed October 27, 12 2008. 13 4. Attached as Exhibit C is a true and correct copy of excerpts from the 14 Congressional Record of the Senate Proceedings and Debates of the 105th Congress, 15 Second Session, dated Thursday May 14, 1998, regarding the then-pending 16 legislation that became the Digital Millennium Copyright Act ("DMCA"), obtained 17 from Westlaw. 18 5. Attached as Exhibit D is a true and correct copy of excerpts of the 19 Congressional Record of the House of Representatives Proceedings and Debates of 20 the 105th Congress, Second Session, dated Thursday August 4, 1998, regarding the 21 then-pending legislation that became the DMCA, obtained from Westlaw. 22 6. Attached as Exhibit E is a true and correct copy of excerpts of the 105th 23 Congress, Second Session House of Representatives Report 105-551 (Part 2) dated 24 July 22, 1998, regarding the then-pending legislation that became the DMCA. 25 27 28
DECLARATION OF RACHEL HERRICK KASSABIAN IN SUPPORT OF GOOGLE'S MOTIONS FOR SUMMARY JUDGMENT RE: GOOGLE'S ENTITLEMENT TO SAFE HARBOR UNDER 17 U.S.C. § 512

7.

Attached as Exhibit F is a true and correct copy of the portion of the

26 DMCA codified at 17 U.S.C. § 512, obtained from Westlaw.

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1 3 2008. 4

8.

Attached as Exhibit G is a true and correct copy of excerpts of Perfect

2 10's Responses to Google's First Set of Requests for Admission, served May 5, 9. Attached as Exhibit H is a true and correct copy of excerpts of the

5 Declaration of Norman Zada in Support of Perfect 10's Opposition to A9.com's 6 Motion for Summary Judgment, Docket No. 146, filed in the related action 7 denominated Perfect 10, Inc. v. Amazon.com, Inc., et al. on September 14, 2008. 8 10 2008. 11 11. Attached as Exhibit J is a true and correct copy of two email chains 12 between Perfect 10 and its vendor Attributor Corporation, produced by Attributor 13 Corporation in response to a subpoena issued in this action. 14 12. Attached as Exhibit K is a true and correct copy of printed excerpts of 15 Exhibit 9 to the Declaration of Norman Zada in Support of Perfect 10's Motion for 16 Summary Judgment Against Alexa and Amazon, Docket No. 177, filed in the 17 related action denominated Perfect 10, Inc. v. Amazon.com, Inc., et al. In his 18 Declaration, Norman Zada described Exhibit 9 as "true and correct copies of image 19 recognition reports generated by Attributor, Inc., a company hired by Perfect 10 to 20 locate its images using image recognition." 21 13. Attached as Exhibit L is a true and correct copy of documents produced 22 by Plaintiff Perfect 10, Inc. ("Perfect 10") to Google in the course of discovery in 23 this action. Included in Exhibit L are e-mail communications from Perfect 10 to 24 Google dated May 11, 2001 (Exhibit L1), May 15, 2001 (Exhibits L2, L3 and L4), 25 May 18, 2001 (Exhibits L5, L6 and L7), May 21, 2001 (Exhibits L8, L9 and L10), 26 May 22, 2001 (Exhibits L11, L12 and L13), May 24, 2001 (Exhibit L14), June 26, 27 2001 (Exhibit L15), June 29, 2001 (Exhibit L16) and July 6, 2001 (Exhibit L17). 28
DECLARATION OF RACHEL HERRICK KASSABIAN IN SUPPORT OF GOOGLE'S MOTIONS FOR SUMMARY JUDGMENT RE: GOOGLE'S ENTITLEMENT TO SAFE HARBOR UNDER 17 U.S.C. § 512

10.

Attached as Exhibit I is a true and correct copy of excerpts of Perfect

9 10's Response to Google's Second Set of Requests for Admission, served June 27,

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1 For the purposes of Google's motion, the communications in Exhibit L are referred 2 to as the "Group A Notices." 3 14. Google has yet to receive complete discovery establishing Perfect 10's 4 alleged ownership of all of the images at issue in this lawsuit, such as complete 5 records of all copyright registration and deposits materials, and materials 6 documenting the chain of title for the images Perfect 10 allegedly commissioned or 7 purchased from third parties. 8 I declare under penalty of perjury under the laws of the United States of 9 America that the foregoing is true and correct. Executed July 1, 2009 at Redwood 10 Shores, California. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DECLARATION OF RACHEL HERRICK KASSABIAN IN SUPPORT OF GOOGLE'S MOTIONS FOR SUMMARY JUDGMENT RE: GOOGLE'S ENTITLEMENT TO SAFE HARBOR UNDER 17 U.S.C. § 512

_____________________ Rachel Herrick Kassabian

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