Asia Economic Institute et al v. Xcentric Ventures LLC et al

Filing 109

DECLARATION of Justin Crossman In Opposition to EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) EX PARTE APPLICATION for Protective Order for Preventing Interference with Witnesses EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) 101 filed by Defendants Edward Magedson, Xcentric Ventures LLC. (Gingras, David)

Asia Economic Institute et al v. Xcentric Ventures LLC et al

Doc. 109

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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

Maria Crimi Speth, (Admitted Pro Hac Vice) [e-mail] JABURG & WILK, P.C. 3200 North Central Avenue, Suite 2000 Phoenix, Arizona 85012 [phone] David S. Gingras, CSB #218793 [e-mail] Gingras Law Office, PLLC 4072 E Mountain Vista Dr. Phoenix, AZ 85048 Tel.: [phone] Fax: [phone] [e-mail] Attorneys for Defendants Xcentric Ventures, LLC and Edward Magedson

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ASIA ECONOMIC INSTITUTE, LLC, et al., Plaintiffs, v. XCENTRIC VENTURES, LLC, et al., Defendants. I, Justin Crossman, declare as follows: 1. My name is Justin Crossman. I am a resident of the State of Arizona, am
if

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Case No: 2:10-cv-01360-RSWL-PJW DECLARATION OF JUSTIN CROSSMAN IN SUPPORT OF RESPONSE TO APPLICATION FOR TEMPORARY RESTRAINING ORDER

over the age of 18 years, and

called to testify in court or other proceeding I could and

would give the following testimony which is based upon my own personal knowledge unless otherwise stated. DECLARATION OF JUSTIN CROSSMAN
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Dockets.Justia.com

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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

2.

I provide technical services to Xcentric Ventures, LLC ("Xcentric") and the

Ripoff Report website and I have done so since 2008. 3. The Ripoff Report website utilizes a SQL database. With respect to

preservation of the electronically stored information related to the website, there are two considerations: (1) preservation of the old data when there is a change to it; and (2) backup of the database in the event of a failure. 4. Between July 4, 2009 and August 11, 2009 the database was migrated into a Before that time, the database was operating on code that had

new software program.

been written more than ten years ago and was outdated. 5. I have and preserve a complete copy of the database as it existed before the

data was migrated to the new software program. 6. Prior to July 4, 2009, if a report or rebuttal was modified in any way, the

modification would overwrite the existing data. It was the equivalent to making changes to a "Word" document and clicking "save." The new version of the report or rebuttal would replace the old version. 7. After the migration was complete on or about August 11, 2009, if a report or

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rebuttal is modified in any way, the changes are saved as in a new database record. It is the equivalent of making changes to a "Word" document and clicking "save as." A new record is created and both exist in the database. 8. In summary, since August 11, 2009 all reports and rebuttals are preserved in

their original submitted format regardless of any changes. 9. In addition to reports and rebuttals, the Ripoff Report website also contains

certain static content stored in the database, such as the text on the home page, and in the sections entitled "so you want to sue Ripoff Report." 10. The new software program does not automatically save the existing static We are working on creating that functionality, but have

content if a change is made to it. not completed the process. DECLARATION OF JUSTIN CROSSMAN
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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

11.

The original content is, however, preserved in three ways. First, printed

copies and screen shots of the static pages are sometimes made by Xcentric and its agents, including its attorneys. Second, when I make changes to the static content, I generally manually save the source code. Third, the site is backed up on a regular basis as set forth below. 12. I have been instructed on a going forward basis to always manually save the

source code whenever any change is made to the static content. 13. The URL of a report is generated by the software program and is based on

features of the author's input including the report category, company or individual name and the title. Except where required by the software program, each element of the URL is just as it was provided by the author and may be truncated for length. 14. The title tag portion of the code was re-written and implemented on April

26, 2010 which resulted in a change in the way that the title displays. 15. 16. The previous code has been and will be preserved. In addition to the preservation practices described above, Xcentric has a

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back up protocol for the website in case of a failure. 17. The backup system for the Ripoff Report website is provided by a third

party vendor utilizing an off-site storage service. Xcentric has a full source code backup as well as SQL database backup running constantly. All of the data is saved (incrementally) every 15 minutes and is retained for 24 hours. After 24 hours one full backup is taken and retained for 30 days. 18. A "no index, no follow" meta tag is a notice or command adhered to by

compliant search engines (Google, Yahoo, Bing, etc.) which states that the web site owner wishes these search engines to not index any pages where this tag is found. Further, that same tag is requesting that these search engines de-index these pages, effectively removing the pages from their systems entirely. If such a tag is placed, the page will only

DECLARATION OF JUSTIN CROSSMAN
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