Perfect 10 Inc v. Google Inc et al

Filing 779

DECLARATION of Les Schwartz 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. 779

Case 2:04-cv-09484-AHM-SH Document 779

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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 Les Schwartz 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 LES SCHWARTZ 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

Case 2:04-cv-09484-AHM-SH Document 779

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I, Les Schwartz, declare as follows: 1. I am the president of Les Schwartz, Inc. dba DecisionBar

Trading Software. Our software, called DecisionBar, assists individuals and professional traders in making trading decisions. My company owns the copyright for the computer program and also the trademark DecisionBar. The software is leased on a monthly basis. 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. Starting in approximately September of 2007, I began sending DMCA

notices to Google, to try to get Google to stop linking to and hosting websites that sell pirated versions of my company's software and use our trademark. I crafted my initial notices based on instructions on Google's website. I followed Google's requirements and put in the swearing language Google requested as well as my contact information as Google requested. I understand that since Google has designated my DMCA notices as Confidential, copies of those notices will be submitted by Mr. Mausner as exhibits to his declaration, filed under seal. Google's instructions asked me to fax my notices, which I did. After I sent Google approximately 15 to 20 notices by fax, I received an email from Google stating that all my notices that were sent by fax should be emailed. I re-sent the notices by email that I had earlier faxed, along with perhaps 20 to 30 more notices. So in total, I sent Google somewhere between 35 and 50 notices. 3. Google asked that I resend my notices in a different format, by email.

Google asked me to provide a) "Copyrighted URL"; b) "Allegedly infringing URL"; and c) "Make BRIEF reference to the text/images which you feel are in violation of your own material." A true and correct copy of this email is attached as Exhibit 1. I had already provided the same information in at least as much detail -1Declaration of Les Schwartz

Case 2:04-cv-09484-AHM-SH Document 779

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to Google in my prior notices, following Google's instructions, but Google asked me to resend this information again in a different format, which I did. Attached as Exhibit 2 is a true and correct copy of one such email that I sent to Google on June 4, 2008, which followed Google's new instructions. 4. Attached as Exhibit 3 is a true and correct copy of an email that I

received from Google on June 17, 2008, in response to my June 4 email. In this email, Google claims that "we were unable to locate the allegedly infringing content on the page(s) in question." That is comp