Perfect 10 Inc v. Google Inc et al

Filing 506

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 Rebuttal 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 filed by Counter Claimant Google Inc, Defendant Google Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Herrick, Rachel)

Perfect 10 Inc v. Google Inc et al

Doc. 50

1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Michael T. Zeller (Bar No. 196417) michaelzeller@quinne manuel.com 2 865 South Figueroa Street, 10th Floor 3 Los Angeles, California 90017-2543 Telephone: [phone] Facsimile: [phone] Charles K. Verhoeven (Bar No. 170151) charlesverhoeven@quinne manuel.com 5 50 California Street, 22nd Floor 6 San Francisco, California 94111 Rachel Herrick Kassabian (Bar No. 191060) rachelkassabian@quinne manuel.com 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)] REBUTTAL 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: None (taken under submission) Time: None Ctrm: 14 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 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
01980.51320/3071681.4

Defendants.

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REBUTTAL 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 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 a partner with

3 Quinn Emanuel Urquhart Oliver & Hedges, LLP, counsel for Defendant Google Inc. 4 ("Google") in this action. I make this declaration of my personal and firsthand 5 knowledge and, if called and sworn as a witness, could and would competently 6 testify thereto. 7 2. During the course of discovery, Google has produced thousands of 8 pages of documents detailing Google's processing of Perfect 10 and third party 9 DMCA notices. These documents were produced in "TIFF" format and are text 10 searchable. In June 2008, Perfect 10 asked Google to identify the specific control 11 numbers at which these documents could be found within Google's production. 12 Google complied with Perfect 10's request, providing a list of specific control 13 numbers for all such documents. 14 16 3. 4. During this litigation, Perfect 10 has produced many documents to Attached hereto as Exhibit A is a true and correct copy of excerpts of 15 Google in various non-text-searchable formats. 17 the Declaration of Dr. Norman Zada in Support of Motion of Plaintiff Perfect 10, 18 Inc. for Order Granting Leave to File Second Amended Complaint, filed in this 19 action and dated June 12, 2008. 20 5. During discovery, Google produced a complete copy of its current 21 DMCA tracking spreadsheet for Google's Blogger service, as well as complete 22 copies of Google's earlier Blogger DMCA tracking spreadsheets. 23 6. Perfect 10 did not identify Margaret Jane Eden, Les Schwartz, C.J. 24 Newton, or Dean Hoffman in any of its Rule 26(a) disclosures in this action, nor in 25 any interrogatory responses calling for the identification of witnesses with 26 knowledge relevant to Perfect 10's claims. 27
01980.51320/3071681.4

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REBUTTAL 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

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7.

On May 29, 2008, Google propounded Requests for Admission

2 directed to the DMCA notices Perfect 10 allegedly sent Google in 2001 (the "Group 3 A Notices"). As of the date of this Declaration, Perfect 10 has not provided 4 substantive responses to those Requests for Admission. Instead, Perfect 10 objected 5 and refused to respond to those Requests. Google's motion to compel Perfect 10 to 6 respond to those Requests is currently pending before Magistrate Judge Hillman. 7 8. Attached as Exhibit B is a true and correct copy of a document 8 produced by Google at control number GGL 033527, titled "Interim Designation of 9 Agent to Receive Notification of Claimed Infringement" and dated September 23, 10 1999. 11 I declare under penalty of perjury under the laws of the United States of 12 America that the foregoing is true and correct. Executed on September 8, 2009 at 13 Redwood Shores, California. 14 15 16 17 18 19 20 21 22 23 24 25 26 27
01980.51320/3071681.4

_____________________ Rachel Herrick Kassabian

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REBUTTAL 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

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