Parrish et al v. National Football League Players Incorporated
Filing
225
MOTION to Seal Defendants' Miscellaneous Administrative Motion to File Under Seal Certain Confidential Materials Filed By Plaintiffs filed by National Football League Players Incorporated, National Football League Players Association. (Attachments: # 1 Declaration of Joel Linzer, # 2 Declaration of Gene Upshaw, # 3 Declaration of Molly Donovan, # 4 [Proposed] Order)(Padnos, Todd) (Filed on 3/20/2008)
1A212
182
CA
FAX
307CV00943WHA
DOCUMENT 187
FILED
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OF
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FOR DEFENDANTS NATIONAL FOOTBALL
AND NATIONAL
19
FOOTBALL LENGUC PLAYERS ASSOCIATION LEAGUE LAYERS INCORPORATED DLBA PLAYERS INC
20 21 22 23
PLAINTIFFS
NORTHERN DISTRICT
BERNARD PAUL PARRISH HERBERT ANTHONY ADDERLEY WALTER ROBERTS III
UNITED STATES DISTRICT COURT OF CALIFO1 SAN FRANCISCO DIVISION
CASE
NO
07 0943
WHA
24 25
DECLARATION OF GENE UPSHAW IN SUPPORT OF DEFENDANTS ADMINISTRATIVE MOTION TO FILE UNDER SEAL CERTAIN CONFIDENTIAL MATERIALS FILEI BY PLAINTIFFS
26
27 28
NATIONAL FOOTBALL LEAOIJE PLAYERS ASSOCIATION AND NATIONAL FOOTBALL LEAGUE PLAY1 INCORPORATED DTHSI PLAYERS INC
DEFENDARNS
UP8BAW DCCRAT3ON III
SUPPORT OF DEFENDANTS MOTION TO FILE UNDER SEAL
CIV
NO C07
0943
WIIA
11212007
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CA
307CV00943WHA
GENE
UP
FLQ
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HEREBY DECHRE AS FOLLOWS
AM EXECUTIVE
ASSOCIATION
DIRECTOR
OF THE
FOOTBALL
FOOTBALL
LEAGUE PLAYERS
NFLPA
INC
AND CHAIRMAN
OF NATIONAL
LEAGUE PLAYERS INEOXPORATA OF ACE AND
COULD
PLAYERS
PERSONAL
COLLECTIVELY
AM OVER TWENTYORE YEARS
HAVE AND
KNOWLEDGE OF EACH OF T1 FACTS STATED HEREIN COMPLETELY THERETO
IF CALLED UPON TO TESTIFY
WOULD
TESTIFY
THIS DECLARATION
IS
SUK
TO SHOW GOOD CAUSE
WHY PLAINTIFFS
THIRD
AMENDED COMPLAINT AS
12 THE DESCRIBED
TAC
INC
AND EXHIBITS
CONTAIN
AND
THERETO SHOULD BE FLLCD
UNDER SEAL OF
BELOW THESE DOCUMENTS
AND PLAYERS
TRADE SECRETS REGARDING BUSINESS
THE LICENSING
BUSINCS
WITH
NFLPA
AS WELL AS THE LICCNSING
OF
RN COMPANY
WHICH
RESULI
WE
IN
13
DO BUSINESS ELECTRONIC
ARTS INC
EA
PUBLIC
DISCLOSURE
OF THESE DOCUMENTS WOULD
ALSO HARM COMPETITION
14
IOUS
COMMERVIAL HARM TO THE MARKETPLACE
NFLPA
PLAYERS
MC AND EA AND
IN
THE
IS
LICENSING
16 CORRTMERCIAL LICENSING
THE DOCUMENTS
ATTACHED TO THE
TAC
ASE
AND
ARTS INC
ARE NONPUBLIC
17
AGREEMENTS BETWECN PLAYERS
INC AND ELECTRONIC
EA
AND
EA
18
AGREEMENTS RESPECTIVELY
OF WHICH ARE TRADE SECRETS
THESE AGREEMENTS ARE NONPUBLIC CARRIMERCIAL
SPECIFICALLY THE CONFIDENTIAL TERMS
DOCUMENTS THE TERMS
19
OF THESE AGREEMENTS INCLUDE BETWEEN
20
21
AMONG OTHER THINGS
INC INCLUDING
THE SPECIFIC
PRICE TERMS OFTHE CONTRACTS NEGOTIATED
EA
AND PLAYERS
THE
THE PRECISE
AMOQNTS AND TIMING
OF THE GUARANTEED PAYMENTS AND ROYALTIES
22
23
SPECIFIC
SCOPE OF THE RIGHTS GRANTED AND SERVICES TO BE RENDERED UNDER THE AGREEMENTS THE TERMS
AND CCMNDIRIONS OF PAYMENT AND THE
INC NEGOTIATED
VAI
CONTINGENCIES
AND OTHER TERMS THAT
EA
AND PLAYERS
24 25 26 27 28
TO GOVERN THEIR CONTRACTUAL RELATIONSHIP
PLAYERS THE
INC
AND THE
FILED
NFLPA
WOULD BE SERIOUSLY
DISCLOSURE
HARMED COMMERCIALLY
IF
EA
AGREEMENTS WERE PUBLICLY
SUCH PUBLIC
MAKE THE
LICENSEES
IN
PRECISE
TERMS OF
THOSE
CON
CONTRACTS AVAILABLE
TO OTHER LICENSEES
AND POTENTIAL
OTHER GAMING
THE LICENSING
MARKETPLACE
WITH WHICH
WE DEAL
OR
MAY
DEAL
SUCH AS
COMPANIES THAT WOULD
DA
ICT
OF
DEL
MOTIOS TH FILE UNIER
SEAL
CW ACTION NO CO7 0943
H1
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OF
COMPEIIIIVDY
IF THEY
HAD ACCESS TO THE TERMS
WE NEGOIAT
LICENSORS IN
WITH
EA
OTHER LICENSORS
AND POTENTIAL LICENSORS WITH WHICH
LICENSE RIGHTS TO COMPANIES
WE COMPETE SUCH
SPORTS THAT SIRNIHIRLY
SUCH AS
PA
CONFIDENTIAL
THOSE COMPANIES WOULD SEE THE SPECIFIC
PLAYERS BEHAVIOR INC
BUSINC
TERMD THAT
AND
EA
NEGOTIATED WHICH WOULD CLEARLY HAVE
GOTIATIONS THEY
MAJOR IMPACT ON THEIR BUSINESS
PLAYERS
ARID
ANY FUTURE
THE LICENSING
MAY HAVE WITH
PLAYERS
ME THE NFLPA
AND
OR
PA
OR OTHER
COMPANIES VOMNPAIES
IRA
MARKETPLACE
MC THE NFLPA
DISCLOSURE
EA
ARE NOT THE ONLY
COMPETING IN THE LICENSING
MARKETPLACE
DISTORT
OF THESE CONFIDENTIAL BY HAVING
SIT
BUSINESS
TERMS TO THESE COMPANIES 10 CONFIDENTIAL BUSINESS
WOULD SERIOUSLY
THE MARKETPLACE
OF THE
TERMS
OF PLAYERS INC AND
EA
IN THESE SUBSTANTIAL
CONTRACTS PUBLICLY
11
AVAILABLE
WHILE
THE TERMS THAT THESE OTHER COMPANIES
NEGOTIATE
ERE NOT PUBLICLY
DISCLOSED
IN THE
12
SAME
WAY
OTHER LICENSEES
AND LICENSORS WOULD HAVE
COMMERCIAL ADVANTAGE OVER PLAYERS INC
TO EXPLOIT THAT
13
AND THE
NFLPA
AND THESE OTHCR COMPANIES WOULD CLEARLY MODIFY THEIR BEHAVIOR
IN SHORT ONE OF OUR MOST IMPORTANT BUSINESS
14
ADVANTAGE TO THE FULLEST
TRADE SECRETS IN THE
15
WARKETPLA
WOULD BE LOST
THE PRECISE THIS
CONTRACT TERMS
WE NEEOTIATED
WITH
LA
IN THESE MAJOR CONTRACTS
16
WOULD RESULT
IN
SUBSTANTIAL
AND INIMEDIATE
COMMERCIAL HARM TO PLAYERS INC
17
ARIDTHENFLPA THE DOCUMENT
PLAYERS ATTACHED TO THE
18
TAC
IS
EXHIBIT
115 AN AGREEMENT BETWEEN
VARIOUS BUSINESS
19
IN
AND THE
NFLPA PLAYERS LNCNFLPA AGREEMENT CONCERNING NELPA
GRANT OF CERTAIN RIGHTS TO PLAYERS
20
21
MATTERS INCLUDING
AN
INC IN CONNECTION
WITH
PLAYERS
INCS
LICENSING
ACTIVITIES
THE DOCUMENT
ATTACHED IO THE
TAC
AS EXHIBIT
IS
AN AMENDMENT TO THE
22
23
PLAYERS
INCINFLPA
AGREEMENT
AMENDMENT REGARDING
REDISTIIBUTION
OF CERTAIN FUNDS UNDER
THE PLAYERS
INCINFLPA
AGREEMENT
THESE DOCUMENTS AXE CONFIDENTIAL COMMERCIAL AGREEMENTS BETWEEN
BUSINESSES
24
25
PLAYERS
INC
AND THE
NFLPA
REGARDING
THE BUSINESS
ARRANGEMENTS OF THEIR LICENSING
26
27
SPECIFICALLY
THE TERMS
OF THESE AGREEMENTS INCLUDE DESCRIPTIONS
PURSUANT
TO THEIR
OF REVENUE AMOUNTS REEEI VED BY
PLAYERS
JNC AND THE
NFLPA
LIOENS
AGREEMENTS WITH CERTAIN LICENSEES
AS WELL
28
AS THE METHODS BY WHICH
SUCH REVENUE
IS
DISTRIBUTED
THE
PLAYERS
INCINFLPA
AGREEMENT ALSO
AW DECLARATION
IN SUPPORT
OF DENDANAS
MOTION TO FILE UNDER SEA
CIV ACDON NO C07 0943
WHA
UPS1
1I212Q7
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OUJ
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307CV00943WHA
DOCUMENT 187
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OF
DC
PUBLIC
THE DISTRIBUTION
OF REVENUE RECEIVED
FROM THIRD PARTICS
SUCH AS
PL
PROPERTIES
INC
AND CERTAIN TRADING
CARD COMPANIES
THE
SPCCIFI
TERMS
OC THESE COMMERCIAL IIGREEMENTS
INFORMATION REGARDING
HAVE NOT BEEN MADE OF
AND THEY CONSTITUTE CONFIDENTIAL BUSINESSES
BUSINESS
THE OPERATION
DEFENDANTS LICENSING INCS AND THE
CONTRACTING
PUBLIC
DISCLOSURE
OF THESE AGREEMENTT WOULD REVEAL TO PLAYERS
PARTIES
NFLPAD
COMPETITORS COUNTERCONTRACTING
FINANCIAL INFORMATION
AND POTENTIAL COUNTEX OF PLAYERS INCS AND SUCH INFONNATI6N
PARTIES
DETAILED
REI
TO THE OPERATIONS
THE
NPLPAS
CAUS
LICENSING
BUSINESSES AS WELL AS THIRD PARTY CONTRACT INFORMATION
TO CHANGE THEIR BUSINESS BEHAVIOR TO PLAYERS
COULD 10
THESE ENTITIES
INCS
AND THE
NFLPAS
COMMERCIAL DISADVANTAGE
THE DOCUMENT
12 DEPOSITION TESTIMONY
ATTACHED TO THE
TAC
AS EXHIBIT
CONTAINS
EXCERPTS
OF THE
OF
DOU ALLEN
THE FORMER PRESIDENT
OF PLAYERS
ITIC
IN HIS TESTINIONY
13
MR ALLEN
DESCRIBED
DISCUSSES
AT LENGTH
MUCH OF THE SAME
CONFIDENTIAL
AND COMMERCIAL INFORMATION
14
ABOVE
FOR EXAMPLE
MR ALLEN
RECITED VERBATIM CERTAIN TERMS OF THE
EA
AGREEMENTS
IS
INCLUDING
FINANCIAL
TERMS OF THOSE AGREEMENTS
ALSO TESTIFIED
AND EXPLAINED
AND DESCRIBED
THE TERMS OF THOSE
16
AGREEMENTS INCLUDING
TESTIFIED
MR
ALLEN
ABOUT THE PLAYERS
INCNFLPA
AGREEMENT AND AMENDMENT
17
VERBATIM RECITATIONS OF SOME OF THE TERMS OF THOSE AGREEMENTS IN ADDITION TERMS OF
LICENSING IF THIS
MR ALKN
ABOUT THE SPECIFIC
AGREEMENT BETWEEN THE
NFLPA
AND ANOTHER THIRD WOULD
19
PARTY LICENSEE
OTHER THAN
EA
INFORMATION
WERE TO BE PUBLICLY
DISCLOSED
IT
20
21
CAUSE COMPETITIVE
PARTY LICENSEE
AND COMMERCIAL HARM TO PLAYERS
MC THE NFLPA EA
AND THE OTHER THIRD
FOR THE
SAME REASONS
PUBLIC
DISCUSS
ABOVE
VERSION
22 23 24 25 26 27 25
10
CAUSE COMPETITIVE
DISCLOSURE
OF AN UNREDACTED
TO PLAYERS
OF THE PLAINTIFFS AND
TAC
WOULD
AND COMMERCIAL HARM
MC THE NFLPA
DESCRIHED
EA
SINCE THE
TAG
CONTAINS
MUCH OF THE OF AND
VERY
SAME CONFIDENTIAL OF
THE
INFORMATION
ABOVE
INCLUDING
EXTENSIVE
QUOTATIONS
DESCRIPTIONS
EA
AGREEMENTS THE PLAYERS OF DOUG ALLEN
INCNFLPA
AGREEMENT AND
AMENDMENT
THERETO
AND THE DEPOSITION
TESTIMONY
UPAHAW DECLARATION
IN
SI
OF DEFENDANTS MOTION TO
FILE
UNDER
SE
CIV ACTIUN
NO CO7
0943
WHA
11
LFL22
FAX
OU
CA
307CV00943WHA
DOCUMENT 187
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PAGE
OF
CKCLARV UNDER THE PENALTY
OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF
THIS
AMERICA
THAT THE FOREGOING
IS
TRUE END
CON AND THAT
DECLARATION
WA IN
CXECUTCD
IN
QFL
NOVEMBER 21 2007
DATED NOVEMBER 212007
GENE UPSH
I0
11
12
13
14
15
16
17
IS
19 20
21
22 23 24 25 26 27
28
UPSB
CCHAT
IN
SUPPQRT OF DEFENDMNWMOTION TO FILM UNDER SEAL
CIV ACTIOI
NO C07
0943
WHA
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