Perfect 10 Inc v. Google Inc et al

Filing 435

DECLARATION of Shantal Rands Poovala 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 VOLUME 3 (INCLUDING EXHIBITS N18 - PP) filed by Counter Claimant Google Inc, Defendant Google Inc. (Attachments: #1 Exhibit N18 Part 1, #2 Exhibit N18 Part 2, #3 Exhibit N18 Part 3, #4 Exhibit N18 Part 4, #5 Exhibit N18 Part 5, #6 Exhibit N18 Part 6, #7 Exhibit N18 Part 7, #8 Exhibit N18 Part 8, #9 Exhibit N18 Part 9, #10 Exhibit N18 Part 10, #11 Exhibit O, #12 Exhibit P, #13 Exhibit Q, #14 Exhibit R Part 1, #15 Exhibit R Part 2, #16 Exhibit R Part 3, #17 Exhibit S, #18 Exhibit T, #19 Exhibit U, #20 Exhibit V, #21 Exhibit W, #22 Exhibit X, #23 Exhibit Y, #24 Exhibit Z, #25 Exhibit AA, #26 Exhibit BB, #27 Exhibit CC, #28 Exhibit DD, #29 Exhibit EE, #30 Exhibit FF, #31 Exhibit GG, #32 Exhibit HH, #33 Exhibit II, #34 Exhibit JJ, #35 Exhibit KK, #36 Exhibit LL, #37 Exhibit MM, #38 Exhibit NN, #39 Exhibit OO, #40 Exhibit PP)(Herrick, Rachel)

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QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Michael T. Zeller I+Bar o. 196417) michaelzeller[a?guinnemanuel.com 8 5 out Figueroa treet, t F oor Los Angeles, California 90017-2543 Telelahone: 213) 443-3000 Facszrnile: 213) 443-3100 Charles K, erhoeven (Bar No. 170151) charlesverhoeven(cr^,^u^nnemanueLcom ra S(}^a[i^ o n treet n oor San Francisco, Cali^'ornia 94111 Rachel Herrick Kassabian (Bar No. 191060} racheikassabian(a,quinnemanuel. com 5^'^win^a in^5rive,3ulte ^^0^^Redwood Shores, California 94065

9 Attorneys for Defendant GOGGLE INC. 10 11 12

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CASE NO. CV 44-9484 AHM (SHx) Consolidated with Case No. CV 45753 AHM {SHx)] DECLARATION OF BILL BROUGHER 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: I4 Discovery Cut-off: None Set Pretrial Conference Date: None Set Trial Date: None Set

13 PERFECT 10, INC., a California corporation, 14
Plaintiff,

15
vs,

16 GOGGLE INC. a corporation; and 17 DOES I through 100, inclusive, 18 I9 AND COUNTERCLAIM 20 21 22 23 vs. PERFECT 10, INC., a California corporation, Plaintiff, Defendants.

24 AMAZON.COM, INC., a corporation; A9.COM, INC. a corporation; and 25 DOES 1 through 100, inclusive, 26 27 28
01980 .5 1 3 2 0129 9 325 3. ]

PiJBLTC REDACTED

Defendants.

DECLARATION OF SILL BROUGI-IER IN SUPPORT OP DEI^ENDANT GOOGLE'S MOTIONS rOR SUMMARY JUDGMENT RE: GOOGLE'S ENTITLEMENT TO SAI^E I-IARSOR UNDER 17 U.S.C. 5 S I2

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I, Bill Brougher, declare as follows: 1. I currently am Director of Partner Technology Management at Google

3 Inc. ("Google"). For three and a half years I was a Product Manager for Goggle 4 Web Search. I have personal knowledge of the facts set faith herein and, if called as 5 a witness, could and would testify competently thereto. 6 2. Google operates the world's most popular Internet search engine

7 accessible, among other places, on the World Wide Web at www.google.com. 8 3. Google has indexed billions of web pages available on the Internet.

9 ^ Gaogle's search products allow users to quickly locate information from these web 10 pages on a particular subject via a simple search query. Google accomplishes this 11 task, in part, by compiling an index of the content available on accessible web sites

12 and querying this index rather than querying the billions of different web pages. It 13 would be impassible for Google to locate and index all of the web pages manually. 14 4. Google -like other search engines -uses an automated software

15 program (also known as a web crawler, or Googlebot) to obtain copies of publicly 16 available web pages. The Goaglebot obtains copies of web pages by sending

17 requests to the server for the originating website and receiving the requested content 18 in response. Google's proprietary software analyzes a copy of each web page it

19 receives from the originating web servers and compiles an index of the text 20 available on accessible wcbsites. 21 Far 1>.nage Search, Goagle's search engine

compiles an index of the text associated with each image crawled. Although Google

22 crawls and indexes billions of web pages, it does not crawl or index all web pages. 23 For example, web pages hosted an servers with a robot exclusion .txt file, a file that

24 ^ instructs robots not to crawl or index those web pages, are not crawled ar indexed by 25 ^ Google. 26 5. Gaggle's search engine allows users to search the compiled index

27 through an interface found at www.goo^le.com. When a user enters a query in Web 28 Search, the search engine searches its index for pages related to the query. When a
DECLARATION OF BILL BROUGHER iN SUAPORT OF DEFENDANT GOOGLE'S MOTIONS FOR SUMMARY JUDGMENT RE: GOOGLE'S ENTITLEMENT TO SAFE I-IARriOR UNDrR 17 U.s.C. S 5 E 2

1 ^ user enters a query in lmage Search, the search engine searches its index for images 2 ]with associated text relevant to the query, and returns results consisting of one or 3 more pages of "thumbnail images ," which aid tl^e user in identifying and locating 4 the image or images most relevant to the search. 5 b. Far many of the web pages identified in response to user searches,

6 Google provides users with the option of selecting a link to the "cached" copy of the 7 web page through an automatic technical process, as opposed to a direct link to the 8 website itself, for the purpose of making the material available to users who wish to 9 access it after it is initially transmitted by the third-party websites. 10 is available on Tmage Search. No such option

Gaogle's proprietary software automatically stores

11 ^ the text associated with the web pages it has indexed in the Web Search cache that is 12 made available to users through an automatic process. Google maintains a copy of 13 the text of a given web page in that cache only until the Googlebat next visits the 14 particular web page. 15 16 In the

17 vast majority of cases, the cache will be refreshed approximately every few weeks. 1$ The cached copy is a temporary "snapshot" of the text an a web page as it appeared 19 the Iast time the web page was crawled by the Googlebot. The text stored in the 20 cache includes any URLs embedded in the page, including any image URLs. The 21 Googlebat obtains copies of the text of web pages from originating websites without

22 modification to their content. 23 7. Google does not maintain cached copies of the i13^}ages that may

24. appear on a cached page. Those images are hosted an the originating site and will 25 '', only appear if they are actually live on that site at the time tl^e user calls up the 26i cache page. As noted above, the cache does include any URLs embedded in the text 27 of the cached page and thus if the image is no longer live on the original site, it wiII 2$ not load an the cached page viewed by the Google user.
DECLARATION OF BILL BROUGI-[ER IN SUPPORT OF DE}^};NDANT GOOGLE'S MOTIONS FOR SUMMARY JUDGMENT RE. GOOGLE'S ENTITLEMENT TO SAFC ]iAR[iOR UNDER ]7 U.S.C. S S12

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When a user clicks on the "cached" link, the user sends a request to

2 Goagle's computers which respond automatically by transmitting the archival copy 3 of the text of a web page that is stored in the Web Search cache made available to 4 users. The text of the cached page made available to the user sl^lows the original 5 web page HTML text as it existed when it was accessed, copied, and indexed by 6 Google, and may also highlight the user's search terms. 7 9. Google adds a notice at the top of its cached page made available to the

8 user identifying the fact that the web page is from Google's system cache, and not 9 the originating web page, noting "Google's cache is the snapshot that we took of the 10 page as we crawled the World Wide Web. The page lnay have cl^langed since that 11 time." The notice also identifies the date that Google obtained the copy of the web

12 page text and provides two separate links to the original web page. Google also 13 highlights the user's search terms. 14 10. Google's cache provides Internet users with a number of benef ts. A web

15 First, it allows users to view pages when the user cannot access directly.

16 page can become inaccessible because of transmission problems, censorship by 17 governments, or too many users seeking the same page at the same time. In each 18 case, users may still be able to access an archival copy of the page text via the 19 "cached" link in Google's search results. This also benefrts web publishers by

20 allowing people to view their content at a time when it would not otherwise be 21 22 available. 1i. Second, this archival functionality is important to users, such as

23 researchers, who wish to determine how a particular web page clanged over time. 24 By examining Google's copy of the web page text, users can identify subtle but 25 potentially significant differences between the current version of a page, and the 26 page as it existed when the Googlebot last visited that page. 27 12. Third, the cached link may allow users to more readily determine why a

281 particular page was responsive to their query, by highlighting the terms in the
DCCLARATiON OF BILL BROiJG1^ER IN SUPPORT OF DEFENDANT GOOGLE'S MOT10NS FOR SUMMARY 1UDGMENT RE: GOOGLE'S ENTITLEMENT TO SAFE HARBOR UNDER l7 U.S.C. S 512

user's query. This can be of particular importance to users where ^ page has been

moclif ed, or wllcre the reason that a page was rchtrner^ in response to a user's query
is not readily apparent. 13. If the webmasters hosting the content in question specify roles

cancernittg refreshing, reloading, or ether ilpdatirig of the n^aterial, Croogle complies

with those rules.
1 declare under penalty of per^lti'y under thL lativs of the United States of
^tnerica that the foregoing is trite and c Mountain View, California.

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