Perfect 10 Inc v. Google Inc et al

Filing 517

DECLARATION of Bill Brougher 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 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 [Public Redacted] filed by Counter Claimant Google Inc, Defendant Google Inc. (Herrick, Rachel)

Perfect 10 Inc v. Google Inc et al

Doc. 517

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Michael T . Zeller (Bar No. 196417) michaelzell er(a , q uinnemanue l . cam 865 outhigud-roa S treet , 10th Floor Los Angeles , California 90017-2543 Telephone : [phone] Facsimile : ( 213)443-3100
Charles K. erhoeven ( Bar No . 170151) charlesverhoevena,quinnemanuel.com 5 C a lifornia S treet ,- 22nd F oor San Francisco, California 94111 Rachel Herrick Kassabian (Bar No. 191060) a rachelkassabian ( -),guinnemanuel.com 555 Twin Do p In rive, uite56-ff Redwood Shores, California 94065 Attorneys for Defendant GOOGLE INC.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
PERFECT 10, INC., a California corporation,

CASE NO. CV 04-9484 AHM (SHx) [ Consolidated with Case No. CV 054753 AHM (SHx)] REBUTTAL 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

Plaintiff, VS. GOOGLE INC. a corporation; and DOES 1 through 100, inclusive, Defendants. AND COUNTERCLAIM
PERFECT 10, INC., a California corporation,

Date: None (taken under submission) Time: None Ctrm: 14 Discovery Cut-off: None Set Pretrial Conference Date: None Set Trial Date: None Set PUBLIC REDACTED

Plaintiff, vs. AMAZON.COM , INC., a corporation; A9.COM, INC. a corporation; and DOES 1 through 100, inclusive, Defendants.

01980.51320/30M5 1.1

REBUTTAL 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. S 512 Dockets.Justia.com

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

("Google"). For three and a half years I was a Product Manager for Google Web Search. I have personal knowledge of the facts set forth herein and, if called as a

5 witness, could and would testify competently thereto. 6 2.

This does not change the fact that in order to remove all instances of an image stored at a particular image URL from Image Search results, an image URL is needed.
3. I have reviewed the approximately three dozen web page cache "print-

outs" that Perfect 10, Inc. ("P 10") submitted to the Court on August 10, 2009 as portions of Exhibits 9 and 26 to the Zada Declaration. For the purposes of this declaration, I have assumed that the print--outs submitted by P 10 accurately depict cached web pages in Google's Web Search index.. I have also assumed that the date P10 claims to have viewed the cached search results - January 23, 2005 for all but three print-outs - is also accurate.

4.

P 10's alleged examples of cached web pages in Google's Web Search are anomalies that occasionally occur.

index that were not refreshed

24 25 26 5. The vast majority of pages that regularly appear in our results are

27 refreshed within a few weeks or less.

28
01980 .51320/3092051.1

11

-

1-

REBUTTAL DECLARATION OF BILL BROUGHER IN SUPPORT OF DEFENDANT GOOGLE'S MOTIONS FOR SUMMARY JUDGMENT RE: GOOGLE'S ENTI'T'LEMENT TO SAFE HARBOR UNDER 17 U.S.C. S 512

2

I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct. Xxecgte,

Mountain View, California.

01480.51320/3058712.3

REBUTTAL DECLARATION OF BILL BROUGHER IN SUPPORT OF DEFENDANT GOOGLE'S MOTIONS FOR CiTMMARV TTTTICMF+T^1TRT^.CYllflf7T.R'CF.NPTi1.F.MFNTTC1CAFERARRORTTN P..R17TTCCR517