Perfect 10 Inc v. Google Inc et al

Filing 778

DECLARATION of Margaret Jane Eden SUBMITTED IN SUPPORT OF PERFECT 10'S MOTION FOR PRELIMINARY INJUNCTION AGAINST DEFENDANT GOOGLE re: MOTION for Preliminary Injunction Against Defendant Google Inc. #772 filed by Plaintiff Perfect 10 Inc. (Mausner, Jeffrey)

Perfect 10 Inc v. Google Inc et al

Doc. 778

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1 Jeffrey N. Mausner (State Bar No. 122385) Law Offices of Jeffrey N. Mausner 2 Warner Center Towers 3 21800 Oxnard Street, Suite 910 Woodland Hills, California 91367-3640 4 Email: [e-mail] Telephone: [phone] Facsimile: [phone] 6 Attorneys for Plaintiff Perfect 10, Inc. 7 8 9 10 11 PERFECT 10, INC., a California corporation, 12 Plaintiff, v. 13 14 GOOGLE, INC., a corporation, and DOES 1 through 100, inclusive 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28
Declaration of Margaret Jane Eden Submitted in Support of Perfect 10's Motion for Preliminary Injunction Against Google
Dockets.Justia.com

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No. CV 04-9484 AHM (SHx) DECLARATION OF MARGARET JANE EDEN SUBMITTED IN SUPPORT OF PERFECT 10'S MOTION FOR PRELIMINARY INJUNCTION AGAINST GOOGLE BEFORE JUDGE A. HOWARD MATZ Date: April 5, 2010 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

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I, Margaret Jane Eden, declare as follows: 1. I am married to Hock Hockheim and am president of the corporate entity Lauric Enterprises, Inc. ("Lauric"). Lauric is an international training company that teaches tactics to military, police and citizens. Hock was a military police officer in S. Korea and also served for 23 years as a police officer and detective in North Texas. He currently writes and publishes books and DVD videos about self defense and police training, all of which are available through our on-line website at www.hockscqc.com. Our company Lauric owns all of the copyrights to that material. 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. The book and dvd production segment of our business is suffering huge damage and loss due to massive on-line infringement of our videos and books. I have found that in response to a Google search on my husband's name, Google provides its users with countless links that allow them to download infringing versions of our content, either for free or by purchase. As a result, the life expectancy of our products has been cut from years to a few months at best, by widespread, almost immediate infringement. To make up for our losses due to Internet piracy, my husband has been forced to do many additional seminars each year. I have repeatedly sent DMCA notices to Google in an attempt to get them to remove the infringing materials from their search results. 3. Google's procedures and practices for responding to DMCA notices have made it essentially impossible for us to protect our property. Google seems to be an adversary rather than someone trying to help. 4. I have been sending what I believe to be compliant DMCA notices to Google since approximately February 2008. The notices have always been sent -1Declaration of Margaret Jane Eden

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to Google in the form of a hard copy via the U.S. Postal Service or by fax because that is what Google specifies. The notices have also always contained the link or URL where the infringement could be found, and have contained the statements that we are the copyright owners, etc. To date, I have sent approximately 70 notices to Google. 5. Rather than immediately removing links to the infringing web pages, Google has instead asked me to resend the URLs I previously sent via email, and to further consolidate all such URLs into one email. Google has informed me that it would take no action unless this was done. Attached hereto as Exhibit 1 is a true and correct copy of such an email from Google dated March 24, 2008. 6. Google has refused to remove some links but it has also led me to believe that it has removed some other similar links. Google has simply stated: "...we will not be taking action on the following pages at this time." In these cases, Google did not provide any further explanation. Attached hereto as Exhibit 2 is a true and correct copy of such an email from Google dated March 25, 2008. 7. Some of the infringing sites that I have complained about to Google are rapidshare.com, megaupload.com., ebookie.com, and bittorrent.com. These sites appear to have all sorts of stolen materials for sale, including our products. As an example, attached as Exhibit 3 is a true and correct copy of portions of a web page that I printed from Google search results on August 4, 2009, with 2 links to our material through rapidshare.com. There were also "Ads by Google" on the page. It is obvious that these websites are major infringers, yet Google does not remove links in its search results to these websites. 8. I simply do not understand why Google does not create a more copyright owner-friendly system which would make it easier to get infringing websites removed from Google's search results. Unfortunately no company our size has the time and resources to challenge Google. My husband and I have created a body of work over 14 years that I anticipated would support us through -2Declaration of Margaret Jane Eden

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retirement.

Now we are on a treadmill to create the "next" thing that will in fact Not a month goes by that we don't look at isn't stopped from

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likely only support us for a few months.

each other and wonder how long we can keep it up. IfGoogle

directing traffic to websites that steal our products and either give them away or sell them far below market rate, we will be forced to shut down the book and dvd segment of our business. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge. Executed this 4th day of August, 2009 in Allen, Texas.

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