Netflix, Inc. v. Blockbuster, Inc.

Filing 155

Attachment 2

Declaration Of Eugene M. Paige In Support Of Netflix's Motion To Compel The Production Of Documents From Blockbuster, Inc. filed byNetflix, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B1# 3 Exhibit B2# 4 Exhibit B3# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K# 14 Exhibit L# 15 Exhibit M)(Paige, Eugene) (Filed on 3/2/2007)

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Netflix, Inc. v. Blockbuster, Inc. Doc. 155 Att. 2 Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 1 of 31 EXHIBIT B (Part 1 of 3) Dockets.Justia.com Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 2 of 31 ALSCHULER GROSSMAN STEIN & KAHAN LLP RECEIVED 1620 26th Street Fourth Floor, North Tower Santa Monica, CA 90404-4060 Telephone: 3 10-907-1000 Facsimile: 3 10-907-2000 Email: m rossman@agsk.com wo rien@agsk.com tchen@a sk.com dthomaskJagsk.com unr /: L ) , ~ J ?- KEKER R \JAN MEST % Attorneys for Defendant and Counterclaimant, Blockbuster Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NETFLIX, INC., a Delaware corporation, Plaintiff, VS. BLOCKBUSTER INC. a Delaware corporation, DOES 1-56, Defendants. AND RELATED COUNTER ACTION. I CASE NO. C 06 2361 WHA BLOCKBUSTER INC.'S RESPONSE TO NETFLIX'S FIRST SET OF RE UESTS FOR THE PRODUCT10 OF DOCUMENTS W I Complaint Filed: April 4,2006 PROPOUNDING PARTY: RESPONDING PARTY: SET NO. : PLAINTIFF NETFLIX, INC, DEFENDANT BLOCKBUSTER, INC. ONE ALSCHULER GROSSMAN STEIN 8. KAHAN LLP BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA 9 Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 3 of 31 1 2 3 4 Defendant and Counterclaimant, Blockbuster Inc. ("Blockbuster"), responds to Plaintiff and Counterclaim Defendant Netflix, Inc. ("Netflixn)'s First Set of Requests for Production of Documents to Blockbuster (the "Requests"). 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALSCHULER GROSSMAN STEIN L KAHAN LLP GENERAL OBJECTIONS 1. Blockbuster objects to the Requests insofar as they attempt to impose any requirement greater than or different from those imposed by the Federal Rules of Civil Procedure or any applicable Local Rules, Patent Local Rules or Orders of the Court. Blockbuster will not comply with any attempt to impose obligations not supported by proper authority. 2. Blockbuster has not completed discovery in this case and has not had the opportunity to interview or depose all potential witnesses to relevant facts. Blockbuster will continue to gather and analyze information, documents, and other evidence. Blockbuster therefore reserves the right to introduce, refer to, and use any information, documents, or other evidence hereafter discovered or produced in this case and to amend, supplement, or correct these responses. 3. Blockbuster objects to the Requests to the extent they request production of documents or things containing communications or other matters protected by the attorney-client privilege, the attorney-work-product doctrine, or any other applicable privilege or immunity. Blockbuster's production pursuant to the Requests shall not include any documents protected by such privileges or immunities, and any inadvertent production of such documents and things is not intended to be, and shall not be deemed, a waiver of such privilege or immunity. Blockbuster does not interpret these Requests to seek attorney work product or attorney-client privileged communications after this litigation was commenced, and such documents will not be produced or listed on Blockbuster's privilege log. 4. Blockbuster objects to the Requests insofar as they request BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA disclosure of opinions of counsel or other materials referred to in Patent Local Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 4 of 31 Rule 3-8 before the deadline set forth in the Court's Scheduling Order. 5. Blockbuster objects to the Requests to the extent that they seek trade secrets or confidential or proprietary information, including any information as to which Blockbuster is under a confidentiality obligation to a third party. Blockbuster will produce such information only subject to an appropriate protective order. 6. Blockbuster objects to the Requests to the extent they request the production of documents and things that may invade any constitutional or statutory right to privacy of Blockbuster employees, or former employees, or others. 7. Blockbuster objects to the Requests to the extent they request production of documents generated or received by expert witnesses or consultants retained by counsel for Blockbuster or communications with such persons. Such documents will be produced only pursuant to the procedures set forth in Rule 26(a)(2) of the Federal Rules of Civil Procedure and the dates set forth in the Court's Scheduling Order. 8. Blockbuster objects to the demand in the Requests that requested items be produced within thirty days fiom service of the Requests and be produced at the offices of Netflix's counsel in San Francisco. This timing and location are unreasonable, unduly burdensome, and impractical given the nature and volume of the materials requested and the number, scope, and complexity of the Requests. Blockbuster will instead produce documents at a mutually convenient time and place. 9. An agreement by Blockbuster to search for and produce responsive documents does not mean that such documents exist. Such a response means that Blockbuster will produce responsive documents that it can locate with reasonable diligence and that are not otherwise protected from disclosure. Ill ALSCHULER GROSSMAN STEIN & KAHAN LLP 2 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 5 of 31 1 2 3 4 5 6 7 8 9 10 11 10. Blockbuster objects to the Requests insofar as they ask Blockbuster to produce any document that it has already provided to Netflix in this case or that Blockbuster has received from Netflix. Blockbuster intends to exclude such documents from production. 11. Blockbuster objects to Netflix's definition and use of the term "BLOCKBUSTER on the grounds that the definition is vague, ambiguous, overbroad, unduly burdensome, oppressive, and harassing, and results in requests for documents and things that are irrelevant and not likely to lead to the discovery of admissible evidence. For example, Netflix's definition includes, not only Blockbuster Inc., but predecessor companies and joint ventures that have nothing to do with any issue in this case, along with many thousands of long-departed employees, agents, officers, directors, representatives, consultants, accountants, and attorneys who had nothing to do with any issue in this case. In responding to these Requests, Blockbuster interprets and limits "BLOCKBUSTER to mean Blockbuster Inc. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALSCHULER GROSSMAN STEIN & KAHAN LLP 12. Blockbuster objects to Netflix's definition and use of the term "BLOCKBUSTERONLINE" on the grounds that the definition is contradictory, vague, and ambiguous as to whether it is limited to Blockbuster's online rental service known as "Blockbuster Online" or also includes other services (for example, DVD Rental Central). Netflix's numbered requests are also inconsistent as to whether DVD Rental Central is part of or separate from "BLOCKBUSTERONLINE." This definition is further vague and ambiguous as to whether, if it does include services other than Blockbuster Online, it includes such services as of all times when they existed or only during times when they were owned and operated by Blockbuster. In responding to these Requests, Blockbuster interprets and limits "BLOCKBUSTERONLINE" to mean Blockbuster's online DVD rental service known as "Blockbuster Online." Ill 3 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 6 of 31 13. Blockbuster objects to Netflix's definition and use of the term "NETFLIX" on the grounds that the definition is vague, ambiguous, overbroad, unduly burdensome, oppressive, and harassing, and results in requests for documents and things that are irrelevant and not likely to lead to the discovery of admissible evidence. For example, Netflix's definition includes affiliates, joint ventures, and past and present employees, agents, officers, directors, representatives, consultants, accountants, and attorneys who have not been identified by Netflix and are not known to Blockbuster. In responding to these Requests, Netflix interprets and limits "NETFLIX to mean Netflix, Inc. 14. Blockbuster objects to Netflix's definition and use of the term "ACCENTURE on the grounds that the definition is vague, ambiguous, overbroad, unduly burdensome, oppressive, and harassing, and results in requests for documents and things that are irrelevant and not likely to lead to the discovery of admissible evidence. For example, Netflix's definition includes predecessor and successor companies, affiliates, parents, and joint ventures of Accenture, Inc., as well as past and present employees, agents, directors, representatives, consultants, accountants and attorneys of Accenture, Inc., or of such other entities, who are not known to Blockbuster, have had no dealings with Blockbuster, and have no connection to any issue in this case. In responding the Requests, Blockbuster interprets and limits "ACCENTURE" to mean Accenture, Inc. 15. Blockbuster objects to Netflix's definition and use of the term "IBM" on the grounds that the definition is vague, ambiguous, overbroad, unduly burdensome, oppressive, and harassing, and results in requests for documents and things that are irrelevant and not likely to lead to the discovery of admissible evidence. For example, Netflix's definition includes predecessor and successor companies, affiliates, parents, and joint ventures of International Business Machines Corporation, as well as past and present employees, agents, directors, representatives, consultants, accountants and attorneys of International Business ALSCHULER GROSSMAN STEIN 8. KAHAN LLP 4 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 7 of 31 1 Machines Corporation, or of such other entities, who are not known to Blockbuster, have had no dealings with Blockbuster, and have no connection to any issue in this case. In responding the Requests, Blockbuster interprets and limits "IBM" to mean International Business Machines Corporation. 16. Blockbuster objects to Netflix's definition and use of the term "ON-LINE" on the grounds that the definition is vague, ambiguous, overbroad, unduly burdensome, oppressive, and harassing, and results in requests for documents and things that are irrelevant and not likely to lead to the discovery of admissible evidence. For example, Netflix's definition as stated would include anything accomplished using a computer in a Blockbuster store - or anywhere else - if that computer is connected to the Internet. The definition would also include anything accomplished by a store employee using a cellular telephone or a Personal Digital Assistant (such as a Blackberry or Treo device) connected to the Internet. Netflix's definition would even include anything "accomplished through" use by a Blockbuster store customer of a cellular telephone or PDA connected to the Internet. Further, the term "accomplished through," as used in Netflix's definition of "ON-LINE," is vague and ambiguous. It would be impossible for Blockbuster to determine what activities conducted in its thousands of stores including many franchised stores - were "ON-LINE within Netflix's stated definition, let alone what activities of third parties fell within that definition. In responding to the Requests, Blockbuster will interpret and limit "ON-LINE" to mean "accomplished through visiting a site on the World Wide Web and transmitting instructions to that site over the Web." 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 ALSCHULER GROSSMAN STEIN & KAHAN LLP 17. Blockbuster objects to Netflix's definition and use of the term "RELATING TO" on the grounds that the definition is vague, ambiguous, overbroad, unduly burdensome, oppressive, and harassing, and results in requests for documents and things that are irrelevant and not likely to lead to the discovery of admissible evidence. Taken as set forth by Netflix, Netflix's Requests 5 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 8 of 31 containing the term "RELATING TO" ask for literally every document ever created by or received by or in connection with Blockbuster Online, as well as an impossibly vast number of other documents and things. Accordingly, Blockbuster will interpret and limit its responses to particular requests that use "RELATING TO" as set forth below. RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION NO. 1: All DOCUMENTS RELATING TO BLOCKBUSTER'S potentially engaging in, or not engaging in, the business of the ON-LINE rental of DVDs, movies, video games, or other media, through any means. RESPONSE TO REQUEST FOR PRODUCTION NO. 1: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "ON-LINE," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents discussing whether Blockbuster Inc. should enter the online rental business and will produce such documents so located that have not already been I produced in this case. ALSCHULER GROSSMAN STEIN B KAHAN LLP 6 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 9 of 31 REQUEST FOR PRODUCTION NO. 2: All DOCUMENTS RELATING TO existing or prospective competition from any source in, or with, the business of renting DVDs, movies, video games, or other media ON-LINE, including but not limited to competition from or with Netflix, or any other company that engages in or that might engage in such competition. RESPONSE TO REQUEST FOR PRODUCTION NO. 2: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "ON-LINE" and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents referring to competition in or with online media rental and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 3: All DOCUMENTS RELATING to potential revenues from engaging in the business of renting DVDs, movies, video games, or other media ON-LINE, including but not limited to any assessment of gross margins, profitability, or viability of such a business. 28 ALSCHULER GROSSMAN STEIN 8. KAHAN LLP 7 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 10 of 31 RESPONSE TO REQUEST FOR PRODUCTION NO. 3: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "ON-LINE" and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product projections and discussions of expected gross margins, profitability, or viability of an online media rental business and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 4: All DOCUMENTS RELATING TO the delivery of DVDs, movies, video games, or other media to customers, including without limitation delivery through the U.S Mail, by private carriers such as Federal Express, UPS, or DHL, or by any other means. RESPONSE TO REQUEST FOR PRODUCTION NO. 4: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks I documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further ALSCHULER GROSSMAN STEIN (L KAHAN LLP 8 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 11 of 31 specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to show the means by which Blockbuster Online delivers DVDs and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 5: All DOCUMENTS RELATING TO the actual or potential delivery of movies, video games, or other media to customers through broadband internet delivery, including but not limited to subscription services. RESPONSE TO REQUEST FOR PRODUCTION NO. 5: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster hrther specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster ALSCHULER GROSSMAN STEIN L KAHAN LLP 9 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 12 of 31 will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to describe existing and contemplated Internet download and streaming of video and Blockbuster's contemplation of and participation in any such delivery and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 6: All DOCUMENTS RELATING TO the actual or potential delivery of movies, video games, or other media to customers over cable networks, including but not limited to video on demand. RESPONSE TO REQUEST FOR PRODUCTION NO. 6: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to describe existing and contemplated video-on-demand cable services, pay television and cable subscription networks and Blockbuster's contemplation of and participation in any such delivery and will produce such documents so located that have not already been produced in this case. Ill ALSCHULER GROSSMAN STEIN (L KAHAN LLP 10 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 13 of 31 REQUEST FOR PRODUCTION NO. 7: All DOCUMENTS RELATING TO actual or potential methods known to BLOCKBUSTER for renting DVDs, movies, video games, or other media on a subscription basis. RESPONSE TO REQUEST FOR PRODUCTION NO. 7: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe actual or potential methods known to Blockbuster for renting DVDs, movies, video games, or other media on a subscription basis and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 8: All DOCUMENTS RELATING TO research conducted by or on behalf of BLOCKBUSTER in connection with its design, development, implementation and operation of BLOCKBUSTERONLINE, including without limitation trade research, market research, and consumer research. ALSCHULER GROSSMAN STEIN 8 KAHAN LLP 11 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 14 of 31 RESPONSE TO REQUEST FOR PRODUCTION NO. 8: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster hrther specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "BLOCKBUSTERONLINE," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe any trade research, market research, and consumer research conducted by Blockbuster Inc. in connection with its design, development, implementation and operation of Blockbuster Online and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 9: All DOCUMENTS RELATING TO actual or potential competition between BLOCKBUSTER'S IN-STORE and ON-LINE rental services, including but not limited to strategic plans, forecasts, projections, business plans, reports, analyses and research. RESPONSE TO REQUEST FOR PRODUCTION NO. 9: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workALSCHULER GROSSMAN STEIN & KAHAN LLP 12 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 15 of 31 1 product doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "ON-LINE," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe competition with Blockbuster Inc. (including with Blockbuster Online) and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 10: All DOCUMENTS RELATING TO DVDRentalCentral, including without limitation the potential and actual acquisition, and operation, of DVDRentalCentral. RESPONSE TO REQUEST FOR PRODUCTION NO. 10: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the 13 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA ' 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 ALSCHULER GROSSMAN STEIN & KAHAN LLP Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 16 of 31 term "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe any acquisition and operation of DVD Rental Central and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 11: All DOCUMENTS RELATING TO the total revenue that BLOCKBUSTER has realized, directly or indirectly, from its operation of BLOCKBUSTERONLINE. RESPONSE TO REQUEST FOR PRODUCTION NO. 11: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, I overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor I calculated to lead to the discovery of admissible evidence in this case, and is I I beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER," "BLOCKBUSTERONLINE," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe revenue from Blockbuster Online and will produce such documents so located that have not already been produced in this case. Ill ALSCHULER GROSSMAN STEIN 8 KAHAN LLP 14 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 17 of 31 REQUEST FOR PRODUCTION NO. 12: All of BLOCKBUSTER'S income statements since January 1,2000. RESPONSE TO REQUEST FOR PRODUCTION NO. 12: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "BLOCKBUSTER." Blockbuster also objects to this request's failure to specify the dates or time periods to be covered by the requested documents. Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe Blockbuster I n c h income since January 1,2000, and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 13: All of BLOCKBUSTER'S balance sheets since January 1,2000. RESPONSE TO REQUEST FOR PRODUCTION NO. 13: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further ALSCHULER GROSSMAN STEIN 8 KAHAN LLP 15 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 18 of 31 specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "BLOCKBUSTER." Blockbuster also objects to this request's failure to specify the dates or time periods to be covered by the requested documents. Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe Blockbuster Inca's assets and liabilities since January 1,2000, and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 14: All of BLOCKBUSTER'S profit and loss statements since January 1, 2000. RESPONSE TO REQUEST FOR PRODUCTION NO. 14: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the specify the dates or time periods to be covered by the requested documents. 16 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA 1 1 ALSCHULER GROSSMAN STEIN & KAHAN LLP 1 term "BLOCKBUSTER." Blockbuster also objects to this request's failure to Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 19 of 31 1 2 Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe Blockbuster Inc.'s profits and losses since January 1,2000, and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 15: All income statements RELATING TO BLOCKBUSTERONLINE. RESPONSE TO REQUEST FOR PRODUCTION NO. 15: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTERONLINE" and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe income attributed to Blockbuster Online in the accounting of Blockbuster Inc., and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 16: All balance sheets RELATING TO BLOCKBUSTERONLINE. .RESPONSE TO REQUEST FOR PRODUCTION NO. 16: Each of Blockbuster's General Objections is incorporated here by 17 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA 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 ALSCHULER GROSSMAN STEIN & KAHAN LLP Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 20 of 31 reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTERONLINE" and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe assets and liabilities attributed to Blockbuster Online in the accounting of Blockbuster Inc. and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 17: All profit and loss statements RELATING TO BLOCKBUSTERONLINE. RESPONSE TO REQUEST FOR PRODUCTION NO. 17: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. ALSCHULER GROSSMAN STEIN 8 KAHAN LLP 18 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 21 of 31 The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTERONLINE" and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe profits and losses attributed to Blockbuster Online in the accounting of Blockbuster Inc. and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 18: All of BLOCKBUSTER'S quarterly and annual audited financial statements and annual reports, including all corresponding notes and schedules, since January 1,2000. RESPONSE TO REOUEST FOR PRODUCTION NO. 18: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "BLOCKBUSTER." Subject to and without waiving the foregoing objections, Blockbuster will produce all its quarterly and annual financial statements and accompanying documents filed with the Securities and Exchange Commission since January 1, 2000, that have not already been produced in this case. ALSCHULER GROSSMAN STEIN 8 KAHAN LLP 19 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 22 of 31 REQUEST FOR PRODUCTION NO. 19 DOCUMENTS sufficient to describe fully BLOCKBUSTER'S recordkeeping and accounting methods, books and records as they relate to BLOCKBUSTERONLINE. RESPONSE TO REQUEST FOR PRODUCTION NO. 19: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER" and "BLOCKBUSTERONLINE." Subject to and without waiving the foregoing objections, Blockbuster will produce all its quarterly and annual financial statements and accompanying documents filed with the Securities and Exchange Commission since January 1, 2000, that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 20 All DOCUMENTS RELATING TO potential and actual marketing and advertising plans for BLOCKBUSTERONLINE. RESPONSE TO REQUEST FOR PRODUCTION NO. 20: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent ALSCHULER 20 KAHAN LLP BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 23 of 31 that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTERONLINE" and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product marketing plans and advertising plans for Blockbuster Online and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 21: All DOCUMENTS constituting advertising and promotional materials for BLOCKBUSTERONLINE that describe or refer to the methods by which BLOCKBUSTER rents items to customers. RESPONSE TO REQUEST FOR PRODUCTION NO. 21: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTER and "BLOCKBUSTERONLINE." Subject to and without waiving the foregoing objections, Blockbuster ALSCHULER GROSSMAN STEIN 8. KAHAN LLP 21 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 24 of 31 1 2 3 4 will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe advertising and promotional materials that describe methods by which Blockbuster Online rents DVDs and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 22: All DOCUMENTS RELATING TO the preferences of customers in using or choosing among any products or services offered or developed by BLOCKBUSTERONLINE, DVDRentalCentral, NETFLIX, or any other company in the business of the ON-LINE rental of DVDs, movies, video games, or other media, including without limitation any reports or studies. RESPONSE TO REQUEST FOR PRODUCTION NO. 22: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTERONLINE," "NETFLIX," "ON-LINE," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product reports or studies on consumer preferences with respect to video and game online rental services and will produce such documents so located that have not already been produced in this case. 22 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALSCHULER GROSSMAN STEIN & KAHAN LLP Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 25 of 31 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 ALSCHULER GROSSMAN STEIN & KAHAN LLP REOUEST FOR PRODUCTION NO. 23: All DOCUMENTS RELATING TO the design, methodology, operation, effectiveness, or success of NETFLIX's ON-LINE rental service, including, without limitation, any analyses, engineering, design, or laboratory notebooks, drawings, block diagrams, specifications, design reviews, schematics, flow charts, minutes of design reviews, publications, notes, memoranda or correspondence, describing or referring to NETFLIX's ON-LINE rental service. RESPONSE TO REQUEST FOR PRODUCTION NO. 23: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms bbNETFLIX," "ON-LINE," and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents analyzing Netflix's online service or assessing its success and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 24: All DOCUMENTS RELATING TO the design, development, testing, or implementation of the BLOCKBUSTERONLINE service, including, without limitation, any engineering, design, or laboratory notebooks, drawings, block 23 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 26 of 31 diagrams, functional specifications, design reviews, schematics, flow charts, minutes of design reviews, declarations, publications, notes, memoranda, correspondence, invention disclosure forms, customer specifications, source code, customer requests, or prototypes of any invention, Beta versions, or components of BLOCKBUSTERONLINE. RESPONSE TO REOUEST FOR PRODUCTION NO. 24: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTERONLINE" and "RELATING TO." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe the design, development, testing, or implementation of Blockbuster Online and will produce such documents so located that have not already been produced in this case. REOUEST FOR PRODUCTION NO. 25: DOCUMENTS and things sufficient fully to describe each version of BLOCKBUSTERONLINE'S website from the date of launch to the present, including but not limited to product and system descriptions, functional specifications, network architectures, screenshots and presentation materials. RESPONSE TO REQUEST FOR PRODUCTION NO. 25: ALSCHULER GROSSMAN STEIN & KAHAN LLP 24 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 27 of 31 Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "BLOCKBUSTERONLINE." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe the various versions of Blockbuster Online's website from the date of launch to the present and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 26: DOCUMENTS and things sufficient fully to describe the structure or architecture of the software used to operate, support, or maintain BLOCKBUSTERONLINE, including block diagrams, data structure diagrams, system architecture diagrams, database layouts, and source code. RESPONSE TO REQUEST FOR PRODUCTION NO. 26: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, ALSCHULER GROSSMAN STEIN (L KAHAN LLP 25 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 28 of 31 1 overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "BLOCKBUSTERONLINE." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe the software used for Blockbuster Online's website and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 27: DOCUMENTS and things sufficient filly to describe the structure or architecture of the hardware used to operate, support, or maintain BLOCKBUSTERONLINE, including types of hardware used and connectivity between the various pieces of hardware. RESPONSE TO REQUEST FOR PRODUCTION NO. 27: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "BLOCKBUSTERONLINE." Subject to and without waiving the foregoing objections, Blockbuster 26 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA 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 ALSCHULER GROSSMAN STEIN & KAHAN LLP Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 29 of 31 will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe the general nature of the hardware used to operate Blockbuster Online's website and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 28: DOCUMENTS and things sufficient fully to describe all rental methods used or practiced by BLOCKBUSTERONLINE from inception to the present. RESPONSE TO REQUEST FOR PRODUCTION NO. 28: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the term "BLOCKBUSTERONLINE." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe the rental methods used or practiced by Blockbuster Online and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 29: DOCUMENTS and things sufficient fully to describe all rental methods used or practiced by DVDRentalCentral from inception to the present. ALSCHULER GROSSMAN STEIN 8 KAHAN LLP 27 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 30 of 31 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 ALSCHULER GROSSMAN STEIN & KAHAN LLP RESPONSE TO REQUEST FOR PRODUCTION NO. 29: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe the rental methods used or practiced by DVD Rental Central and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 30: DOCUMENTS and things sufficient fully to describe all membership plans offered by BLOCKBUSTERONLINE from inception to the present. RESPONSE TO REQUEST FOR PRODUCTION NO. 30: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. 28 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Case 3:06-cv-02361-WHA Document 155-3 Filed 03/02/2007 Page 31 of 31 The bases for these objections include, without limitation, this request's use of the term "BLOCKBUSTERONLINE." Subject to and without waiving the foregoing objections, Blockbuster will conduct a reasonable and diligent search for non-privileged, non-work-product documents sufficient to reasonably describe the membership plans offered by Blockbuster Online and will produce such documents so located that have not already been produced in this case. REQUEST FOR PRODUCTION NO. 31: All DOCUMENTS RELATING TO BLOCKBUSTERONLINE technology developed in whole or in part by third parties, including without limitation agreements, licenses, permissions, term sheets, memoranda of understanding, letters of intent, specifications, technical descriptions, and correspondence. RESPONSE TO REQUEST FOR PRODUCTION NO. 31: Each of Blockbuster's General Objections is incorporated here by reference. Blockbuster specifically objects to this request to the extent it seeks documents that are protected by the attorney-client privilege, the attorney workproduct doctrine, or any other applicable privilege or immunity and to the extent that it seeks documents that are confidential or proprietary. Blockbuster further specifically objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, oppressive, harassing, is not relevant to nor calculated to lead to the discovery of admissible evidence in this case, and is beyond the scope of discovery permitted by the Federal Rules of Civil Procedure. The bases for these objections include, without limitation, this request's use of the terms "BLOCKBUSTERONLINE," "BLOCKBUSTERONLINE technology," and "RELATING TO." I ALSCHULER GROSSMAN STEIN 8. KAHAN LLP I will conduct a reasonable and diligent search for non-privileged, non-work-product 29 BLOCKBUSTER'S RESPONSES TO NETFLIX'S FIRST SET OF REQUESTS FOR PRODUCTION C 06 2361 WHA Subject to and without waiving the foregoing objections, Blockbuster

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