Perfect 10 Inc v. Google Inc et al

Filing 781

DECLARATION of David O'Connor 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. 781

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 1 of 16

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 David O'Connor 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 DAVID O'CONNOR 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 781

Filed 03/03/10 Page 2 of 16

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, David O'Connor, declare as follows: 1. I am co-founder, President and CTO of Visual Analytics. I am

primarily responsible for the creation of VisuaLinksŪ, which has become one of the standard data mining applications at a number of intelligence agencies, law enforcement organizations, and financial crime investigative units. I have worked closely with the Financial Crimes Enforcement Network (FinCEN), Internal Revenue Service (IRS, Criminal Investigations), Defense Intelligence Agency, and the Defense Information Systems Agency (DISA). 2. I received my B.S. in Computer Science from the University of

Maryland and have more than 15 years of experience developing large scale distributed systems, data mining, visualization, and artificial intelligence technologies. I served in the Marine Corps and worked on fighter aircraft electrical flight control systems. 3. I submit this declaration in connection with Perfect 10's lawsuit

against Google. I have examined Exhibit 1 which is attached to this declaration. In my opinion, I have sufficient expertise in computer science and the Internet to determine whether the various portions of notices attached as Exhibit 1 would provide a search engine such as Google with enough information to locate the infringing image(s) or link(s). 4. I assume that page 1 of Exhibit 1 consists of thumbnail images from

Google Image Search, along with the three links that Google provides for each such image. Assuming that is the case, page 1 of Exhibit 1 provides more than enough information for Google to locate and block all the URLs listed on page 1. Adobe Acrobat has a feature for the extraction of URLs. Google could copy any of the URLs contained in page 1 of Exhibit 1 into a text file, spreadsheet, or database. The first and third URLs listed on page 1 of Exhibit 1, namely, http://img133.imagevenue.com /loc173/th_64278_21.jpg, and http://tbn0.google.com/images?q=tbn: Vs0bIZd_jqxVPM: http://img133.
-1Declaration of David O'Connor

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 3 of 16

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

imagevenue.com/loc173/th_64278_21.jpg, both provides Google with sufficient information to locate the image, with or without the image itself. The middle Web Page URL (http://forum.phun.org/showthread.php?p=729907) with the model name is sufficient to locate the image as well, but having a copy of the image as shown also helps. In general, having copies of the images as provided in Exhibit 1 would help, rather than hinder, the search engine or ISP in locating the infringing material. Google should be able to readily find all copies of that image in any of its search results, and remove them from its index. 5. I have examined pages 2 through 8 of Exhibit 1. If Google received

any of those pages in a notice, it would have enough information to locate the images on that page, and remove the images and the webpage from both its Image Search and Web Search results. To locate and remove the infringing material, Google should need only the Web Page URL, which is contained on each of those pages. Once Google has the URL of the Web Page containing an infringement, it can find that Web Page, and it can prevent any Google Search Results, whether Web Search or Image Search results, from directly linking to that web page. On pages 3-6, the Web Page URL is highlighted. On page 5, Google has suppressed the starting http:// from appearing on the user's screen but it can still locate the infringing webpage with that portion of the URL simply by searching its index. On page 7, the Web Page URL appears in the browser bar. On page 8, I am assuming that the highlighted URL identifies the web page directly above it. Google could certainly block the highlighted URL and could use the highlighted URL to determine if the corresponding web page is as shown on page 8. For page 2, Google has the search term, "Ingrid Ostvat", the base URL of the website where each image is located, darkshadow.3xforum.ro, and the "Thumbnail Source URL." This URL is displayed in the address bar of a web browser when a user clicks on the thumbnail. Page 9 of Exhibit 1 has an example of a Thumbnail Source URL. The Thumbnail Source URL contains both the "See full-size image" URL as well
-2Declaration of David O'Connor

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 4 of 16

Declaration of David O'Connor

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 5 of 16

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 6 of 16

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 7 of 16

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 8 of 16

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 9 of 16

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 10 of 16

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 11 of 16

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 12 of 16

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 13 of 16

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 14 of 16

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 15 of 16

Case 2:04-cv-09484-AHM-SH Document 781

Filed 03/03/10 Page 16 of 16