Miller v. Facebook, Inc. et al

Filing 112

MOTION for Summary Judgment filed by Daniel M. Miller. Motion Hearing set for 4/7/2011 08:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. William Alsup. (Attachments: # 1 Affidavit Declaration of Brian D. Hancock in Support of Plaintiff's Motion for Summary Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H.1, # 10 Exhibit H.2, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Proposed Order Proposed Order Granting Plaintiff's Motion for Summary Judgment)(Hancock, Brian) (Filed on 3/3/2011) Modified on 3/4/2011 (wsn, COURT STAFF).

Miller v. Facebook, Inc. et al

Doc. 112 Att. 9

EXHIBITH.

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Dockets.Justia.com

DANIEL MILLER HIGHLY CONFIDENTIAL
IN TFM, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORMA
SAN FRANCISCO DIVISION
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217I2OLL

INDEX TO EXAMINATION PAGE 7 Chatterjee EX:HIBIT DESCRIPTION OF EXHIBITS PAGE EXTIBIT 2001 Amended Notice of Deposition of 13
By Mr. Daniel

Mills

DANIEL lv{- MILLER Plaintiff,

EX{IBIT 2002 Notice of Deposition of KZXL,
6 7 8 by Subpoem EXHIBIT 2003 Articles of Organiztion for Georgia Limited Liability ComPmY

LLC
17

13

CIVIL ACTIONFILE
vs-

NO. 10-00264 (WHA) FACEBOOK, INC. and YAO WEI YEO,
Defendants.

EX-IIIBIT2004 5/7/09letterfromMr.Madayag
9 to Facebook

18

10 11

DCiIBIT 2005 5,4/09letter
to T-Mobile

&om Mr.

Madavag

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E)C{IBIT 2006 Semd Amended
L2

Complaint
34

25

E)CIIBIT200?
13

Soucecode Sowcecode Miller FacebookfmPage inlomation

EXHIBIT 2008 Docment with source

code
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***HIGHLY CONFIDENTIAL* **
VIDEO DEPOSITION OF DANIEL MILLER
Monday, FebruarY 7, 2011
10:05 a.m.

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EXHIBIT2009
15

t6 I7
18 19 20

EXHIBIT 2010 Resume of Danny

49 79 134
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E)G{IBIT2OII

I

Heninger, Garrison & Davis Glenlake ParkwaY, Suite 700 Atlanta. Georgia

E)CIIBIT 2012 Copy'ight

E)GIIBiT 2013 5/8/0? e-mail from Tim Halbert to Danny Miller
EXHIBIT 2014 3/26107 e-mail &om Danny to Tim Halbrt

Miller

137

Reported by:

Robyn Bosworth RPR" CRR, CCR-B-2138 JOB NO. 155202

2r
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EXHIBIT 2015 5/11/0? e-mail &om Tim Halbert 139
to Da.my Miller

EXHIBIT 2016 5/8/07 e-mail

from

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[e-mail]

Page
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Page 3 EXHIBIT DESCRIPTIONOFEXHIBITS
PAGE

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APPEARANCES OF COIINSEL : On behalf of the Plaintiff: BRIAN D. HANCOCK (when noted) DOUGLAS L. BRIDGES (when noted) Attomeys atLaw Heninger, Garrison, Davis, LLC I Glenlake ParkwaY, Suite 700 Atlanta, Georgia 30328 [phone]
On behalf of the Defendant Facebook,lnc.:

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E)G{IBIT 2017 MAU for last 90 days ChainRxn 145 E)GIIBIT 2018 Screen shot fiom website l4'7 EXHIBIT 2019 Facebook "How to Report Claims 151
of Intellectual Property infringement"

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E)CIIBIT 2020 Facebook "CopyrightNotification
Complaint #24579053"

152

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E)G{IBIT 2021

615/09 e-mail

liom Arm

Martin

155 173 184

ie
:

E)GIIBIT 2A22 4D9/A9 e-mail &om Zwigglen Apps
EXHIBIT 2023 6/9/09 e-mail from Zwigglers Apps E)C{IBIT 2024 8i30l10letter from Mr'

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I. NEEL CHATTERJEE JULIO C. AVALOS Attorneys atLa'w Orrick, Herrington & Sutcliffe, LLP 1000 Marsh Road Menlo Park, Califomia 94025 rc5q6t4-73s6

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to APPle, Inc. EX{IBIT 2025 9116/10 e-mall Aom Zwigglers Apps 193

EXHIBIT2026

10/19l09e-mailfrom

bantambytes@gm ail.com

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F.XHIBIT 2027 3/i0/07 e-mail from Aneece Khalek 200

EXHIBIT 2028 String of

e-mails and

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208

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EXHIBIT 2029 Plaintiffs Objections

Responses to Defendant Facebook'

Also Present: Terry Wetz, Videographer

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lt,

lns.'s Fint Interrogatories and Requests for Production

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EXHIBIT 2030 D{HIBIT 2031 E)GIIBIT 2032 EXHIBIT 2033 EXHIBIT 2034 EXHTBIT 2035 E)GIIBIT 2036

Screen shots fiom Screen shots fiom

ChainRxn

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229

forum 249 270 Obechi's Facebook page 272 Facebook user IDs 2'76 W-9 277 Revenue sheet
Printout from K2xl-.com

Boomshine

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DANIEL HIGHLY CONFIDENTIAL
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MILLER
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platform launched in May of 2007. Okay? Other than being in school, are you aware of any reason why you wouldn't have launched
Boomshine on Facebook between .}l4ay 24th of 2007 and early 2008? MR. HANCOCK: Object to the form. You can
answer.

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opening pages or changing some of the programming or some of the advertising issues associated with the game in order to make them available on other
websites?

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MR. HANCOCK: Object to the form. You can
answer.

A Besides being in school, I can't recall anything specifically.
BYMR. CHATTERJEE:

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a During - while you were oPerating Boomshine in2007 to early 2008, were you signing up deals or placing it on other websites? A Can you repeat the question, please? a Sure. From the time you launched in2AA7 to early 2008, were you making Boomshine available on other websites? A Can you be more specif,rc what you mean by putting them on other websites? a What's confusing about the question? A Like are you asking if I put them on the
other websites?

12
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I'm not sure I understand your question. BYMR. CIIATTERJEE: a Well, Ill get to the details of that a little bit later on. What -- you said it would take a lot of work to put it on Facebook. What would that work
entail to put it on the Facebook platform? A Hooking it up to the Facebook interface. a And how long would that take? A I don't know. a When you did it for Obechi, how long did

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Yes. Yes.

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it take? MR. HANCOCK: Object to form. You can
answer.

A I don't recall. BY MR. CFIATTERJEE: a A day, two days?

Okay. Who?

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A I mean, I would speculate that it took maybe a few weeks.

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Right. Okay. 5 But it's not - Yeah. OkaY. 6 a And what did you need to do in order to 1 put Boomshine on the Kongregate platform? 8 A Upload the game. 9 a Did you put it on any other websites? xo A Newgrounds. a And what's Newgrounds? \2 A A portal. f3 to what? a Portal L4 A Content. trs you have -- other than uploading it, a Did n-5 further? did you have to do anYthing yt A Not that I can recall. t-8 a Okay. Anyone else? tr9 remember A Off the top of my head I can't 20 any others. a Do you ever -- do you remember ever making 2t 22 changes to your game in order to make it available 23 through other companies? A Can you be more specific on your question? 24 a Sure. Do you remember, like, "hungilg.s. s8 !5 i

A a A

I put it on Kongregate. Which was another Platform?

a A

Few weeks working full time? I don't recall. Can you give me an estimate as to the number of hours it would take? A No, I wouldnt be able to estimate that.

a A a

ir

I was in school as well, and it wasn't something I was keeping track of at the timel a Okay. What about when you launched Obechi, you just didn't keep track of how long it
Because

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Why not?

took?

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Facebook, but it wasn't just me. a Who else was it?

A I launched Obechi -- I'm sorry, can you -a Yeah, so let me steP back. So You launched Obechi on Facebook, right? A Hold on. Let me think. I launched it on A a A a
Tim.

Tim Halbert?
Uh-huh.

So you and Tim Halbert launched on Facebook, correct? Obechi

Okay.

A Uh-huh. a And Mr. A Yes'

is that a Yes?

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DANIEL MILLER HIGHLY CONFIDENTIAL
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a A a A a

Mr. Halbert wrote the music for Obechi?
Yes.

Did he do anything else? In terms of what? With respect to the coding or the design

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of the Obechi game. A I'm -- I'm not sure. It depends on your definition of what you mean by design and what you mean by coding. a So why don't you tell me what he did.
He helped port the game to Facebook by creating the HTML pages for the web version -- for the Facebook version. a What do you mean when you use the term "port the game"? A I mean -- I mean move or host the game or put the game as well on Facebook. a Do you know what he did to port the game to Facebook?
Coded. So he wrote the code that allowed Obechi to work on Facebook?

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break.

MR. CHATTERJEE: We can take a break. THE VIDEOGRAPF{ER: Stand by, please. We are off the video record. The time is 11:09.
(Recess 1l:09-1 1:20 a.m.)

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TFIE VIDEOGRAPHER: We are back on the record. The time is approximately I 1:20. You may continue, sir.

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stated that you worked for a company called Sagepath today; is that right?

BYMR. CFIATTERIEE: a Mr. Miller, prior to the break you had

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A a

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What do you do for SagePath? I think you already asked me this question, but I do programming. a What kind of programming?

A a A a A

Yes.

And are you an employee of Sagepath?
Yes.

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A a A

No.
So what do I have wrong when I say that? He wrote -- he wrote some code to hook the

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A a A a A

Web. For marketing purposes? Yes.

How long have you worked at Sagepath?
Since December.

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1 2 3 4 5 6 7 game into the Facebook API.

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of 20l0?
Yes.

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a that? A

Do you know how much time he spent doing
Huh-uh.

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No? No. Did you pay him anYthing for it? No. Were you in school at the time Obechi was

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Where did you work prior to Sagepath? I worked for Toolbox. And you don't recall whether you were an employee or a consultant for Toolbox Number 9 prior to working for Sagepath? MR. HANCOCK: Object to the fonn. You can
answer.

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launched on Facebook? A I don't recall. a You graduated MaY 2010-

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I recall that I wasn't an employee. BY MR. CF{ATTERJEE: a Did you have an hourly rate when you
worked for them?

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Uh-huh.
Correct? Correct. Do you know when Obechi launched on

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A Sometimes. a And other times what kind of hnancial arrangement did you have? A Daily.

Facebook?

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I don't recall. Were you working on Obechi at all while you were in school at Georgia Tech? A I don't recall specifically. I don't recall specifically. MR. IIANCOCK: It's been about an hour. MR. CI{ATTERIEE: Want to take a break? MR. IIANCOCK: Yeah, quick five-minute Page 62

A a

a
A a

Daily.
So was the hourly rate always the same?

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I don't recall. Okay. What -- what are the hourly rates

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that you charged Toolbox Number 9 that you recall? I -- I don't recall. I could speculate guess that it is between a range. and And what is the range? I would guess between 45 and 60.

A

a A

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