Perfect 10 Inc v. Google Inc et al

Filing 477

DECLARATION of CJ Newton in opposition to MOTION for Summary Judgment #457 , 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 Summary Judgment #458 , 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 , MOTION for Summary Judgment #456 filed by Plaintiff Perfect 10 Inc. (Mausner, Jeffrey)

Perfect 10 Inc v. Google Inc et al

Doc. 477

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Jeffrey N. Mausner (State Bar No. 122385) Law Offices of Jeffrey N. Mausner Warner Center Towers 21800 Oxnard Street, Suite 910 Woodland Hills, California 91367-3640 Email: [e-mail] 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. Case No. CV 04-9484 AHM (SHx) Consolidated with Case No. CV 05-4753 AHM (SHx)

DECLARATION OF C. J. NEWTON SUBMITTED IN OPPOSITION TO GOOGLE'S THREE MOTIONS FOR GOOGLE, INC., a corporation; and SUMMARY JUDGMENT RE DMCA DOES 1 through 100, inclusive, SAFE HARBOR FOR ITS WEB AND IMAGE SEARCH, BLOGGER Defendant. ______________________________ SERVICE, AND CACHING FEATURE (DOCKET NOS. 428, 427, AND 426) AND CONSOLIDATED CASE. BEFORE JUDGE A. HOWARD MATZ Date: October 5, 2009 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

Declaration of C.J. Newton
Dockets.Justia.com

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I, C. J. Newton, declare as follows: 1. I was the Chief Executive Officer, and am currently the Chief Strategy Officer, of Mir Internet Marketing, Inc. ("Mir") and its division SEO Logic Search Engine Optimization and Placement Services. Mir is in the business of developing and rehabilitating websites so they perform better in natural search results. I submit this declaration in connection with Perfect 10's lawsuit against 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. I write articles regarding search engine optimization and related subjects, which are published on SEO Logic's and Mir's websites. These articles, or portions of them, are copied by others. Google's search engine provides links to the copied articles. 3. Starting in October 2002, I began sending DMCA notices to Google, to try to get Google to remove links to the infringing articles. At first, it appeared that Google may have taken some action to remove infringing links, but it soon became clear to me that Google was not taking any action in response to my notices. I sent well over one hundred notices to Google between October 2002 and November 2007. By the end of November 2007, I simply gave up trying to get Google to remove or disable access to infringing material. After I sent notices to Google, I would perform searches to see if Google had removed any of the links, and I saw that Google was not doing so. Google only wrote back to me once, when one of my faxes to them did not go through properly. A true and correct copy of this email from Google is attached as Exhibit 1. Other than that, Google never asked for any additional information, or told me what action was taken in regard to my notices. I am completely dissatisfied with the way Google dealt with the many notices that I sent to them. -1-

Declaration of C.J. Newton

Exhibit 1

[e-mail] [SPAM] SEO2 Web Contact | User Support | Google March 31, 2005 11:13:48 AM CST [e-mail] 1 Attachment, 0.6 KB

SEO Web Contact
contact info Business Name: Google Contact Name: User Support Title: Address: 1600 Amphitheatre Parkway City: State: Zip: Country: Phone: Fax: Email: URL: Mountain View CA 94043 USA 650 623 4000 [phone] [e-mail] www.google.com

Message: you have the incorrect address and fax number for Google DMCA notifications. Google, Inc. Attn: User Support, DMCA Complaints 1600 Amphitheatre Parkway Mountain View, CA 94043 OR fax to: [phone] Attn: User Support, DMCA complaints Keywords: , , , , USER AGENT: Mozilla/4.0 (compatible; MSIE 6.0; Windows NT 5.1; .NET CLR 1.1.4322) SESSION ID: 4d22d849cc4af553ba2bca59a11cf84a REFERER:

UserSupport.vcf (0.6 KB)

Exhibit 2

SEO Logic Search Engine Optimization and Placement Services 818 Harrison Street, Suite 205 Oak Park, Illinois 60304 September 17, 2007 Google, Inc. Attn: Google Legal Support, DMCA Complaints 2400 Bayshore Pkwy Mountain View, CA 94043 Dear Google Customer Support Professionals, The copyrighted work at issue is the text that appears on http://www.seologic.com/faq/title-tags.php. Search Query: "Titles are used by website resource librarians" http://www.google.com/search?q=%22Titles+are+used+by+website+resource+librarians&hl=en&safe=off&rls=G GGL,GGGL:2006-32,GGGL:en&filter=0 "resource librarians, directory editors" http://www.google.com/search?q=%22resource+librarians,+directory+editors%22&hl=en&safe=off&rls=GGGL,G GGL:2006-32,GGGL:en&filter=0 Infringing Web Pages: http://www.conversionchronicles.com/print.php?PageID=104&tracking=print http://www.conversionchronicles.com/Using_Title_Tags_to_Improve_SEO_and_Website_Conversion.html My Contact Information: [e-mail] Infringer's Contact Information: The Conversion Chronicles Steve Jackson Oldmill Ruukinkatu 4 FIN-20540 Turku Finland tel: [phone] fax: [phone] email: [e-mail] I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Sincerely,

C. J. Newton, CEO SEO Logic Search Engine Optimization and Placement Services

Google DMCA Complaint: m2mediadesigns.com Page 1 of 1 CC: Mark A. Powers, Attorney at Law

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Titles are used by website resource librarians" - Google Search

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Using Title Tags to Improve SEO & Website Conversion - Conversion ...
1) Titles are used by website resource librarians, directory editors (such as DMOZ), and other webmasters (such as strategic link partners) when they link ... www.conversionchronicles.com/Using_Title_Tags_to_Improve_SEO_and_ Website_Conversion.html - 22k - Cached - Similar pages

Using Title Tags to Improve SEO & Website Conversion - Conversion ...
1) Titles are used by website resource librarians, directory editors (such as DMOZ), and other webmasters (such as strategic link partners) when they link ... www.conversionchronicles.com/print.php?PageID=104&tracking=print - 13k Cached - Similar pages

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1) Titles are used by website resource librarians, directory editors (such as DMOZ), and other webmasters (such as strategic link partners) when they link ... accounts4free.blogspot.com/2009/04/using-title-tags-to-improve-seo-website.html - 233k Cached - Similar pages

Using Title Tags to Improve SEO & Website Conversion by Steve Jackson
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1) Titles are used by website resource librarians, directory editors (such as DMOZ), and other webmasters (such as strategic link partners) when they link ... www.webproguide.com/articles/Using-Title-Tags-to-Improve-SEO-Website-Conversion/ - 16k - Cached - Similar pages

Using Title Tags to Improve SEO & Website Conversion ...
1) Titles are used by website resource librarians, directory editors (such as DMOZ), and other webmasters (such as strategic link partners) when they link ... www.searchenginechannel.com/2005/10/using-title-tags-to-improve-seo-and-website-

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Titles are used by website resource librarians" - Google Search

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Using Title Tags to Improve SEO & Website Conversion
1) Titles are used by website resource librarians, directory editors (such as DMOZ), and other webmasters (such as strategic link partners) when they link ... www.onlineearning.org/seo/using_title_tags_to_improve_seo_website_conversion.php - 17k Cached - Similar pages

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1) Titles are used by website resource librarians, directory editors (such as DMOZ), and other webmasters (such as strategic link partners) when they link ... www.enginesdesktop.com/artcbase/Using-Title-Tags-to-Improve-SEO-Website-Conversion1778.aspx - 20k - Cached - Similar pages

Using Title Tags to Improve SEO & Website Conversion | SEO Cabinet
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Using Title Tags to Improve SEO & Website Conversion
1) Titles are used by website resource librarians, directory editors (such as DMOZ), and other webmasters (such as strategic link partners) when they link ... test.wwbcity.net/using_title_tags_to_improve_seo_website_conversion.php - 14k Cached - Similar pages

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