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).

Download PDF
Miller v. Facebook, Inc. et al Doc. 112 Att. 9 EXHIBITH. 1 DANIEL MILLER HIGHLY CONFIDENTIAL IN TFM, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORMA SAN FRANCISCO DIVISION L 2 3 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 22 E)C{IBIT 2006 Semd Amended L2 Complaint 34 25 E)CIIBIT200? 13 Soucecode Sowcecode Miller FacebookfmPage inlomation EXHIBIT 2008 Docment with source code 43 36 ***HIGHLY CONFIDENTIAL* ** VIDEO DEPOSITION OF DANIEL MILLER Monday, FebruarY 7, 2011 10:05 a.m. r4 EXHIBIT2009 15 t6 I7 18 19 20 EXHIBIT 2010 Resume of Danny 49 79 134 I 36 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 22 23 24 25 EXHIBIT 2015 5/11/0? e-mail &om Tim Halbert 139 to Miller EXHIBIT 2016 5/8/07 e-mail from 142 Page 1 2 1 1 Page 3 EXHIBIT DESCRIPTIONOFEXHIBITS PAGE 3 4 5 6 7 8 9 0 1 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 (678)638-6309 On behalf of the Defendant Facebook,lnc.: 2 3 4 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" .s ,6 I E)CIIBIT 2020 Facebook "CopyrightNotification Complaint #24579053" 152 )7 i8 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' lro : 2 3 4 5 6 7 I I. NEEL CHATTERJEE JULIO C. AVALOS Attorneys atLa'w Orrick, Herrington & Sutcliffe, LLP 1000 Marsh Road Menlo Park, Califomia 94025 rc5q6t4-73s6 irr :tz l Harcock 198 192 ir: j14 ! to APPle, Inc. EX{IBIT 2025 9116/10 e-mall Aom Zwigglers Apps 193 EXHIBIT2026 10/19l09e-mailfrom bantambytes@gm jtu : F.XHIBIT 2027 3/i0/07 e-mail from Aneece Khalek 200 EXHIBIT 2028 String of e-mails and 203 208 9 0 1 i" itt i EXHIBIT 2029 Plaintiffs Objections Responses to Defendant Facebook' Also Present: Terry Wetz, Videographer i18 lt, lns.'s Fint Interrogatories and Requests for Production 2 3 4 iro :2! izz i23 izq t25 5 Page EXHIBIT 2030 D{HIBIT 2031 E)GIIBIT 2032 EXHIBIT 2033 EXHIBIT 2034 EXHTBIT 2035 E)GIIBIT 2036 Screen shots fiom Screen shots fiom ChainRxn 229 229 forum 249 270 Obechi's Facebook page 272 Facebook user IDs 2'76 W-9 277 Revenue sheet Printout from Boomshine 2 Page 4 1 (Paqes 1 to 4) DANIEL HIGHLY CONFIDENTIAL 1 MILLER 1 217I2Afl 2 3 4 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. 2 3 4 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? 5 6 1 8 9 0 1 5 6 7 8 9 MR. HANCOCK: Object to the form. You can answer. A Besides being in school, I can't recall anything specifically. BYMR. CHATTERJEE: 10 tr1 3 4 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 ! 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 A it3 '1"4 5 5 L5 1.6 7-7 7 I 9 0 I-8 1 2 3 4 A a a Yes. Yes. 19 20 2L 22 23 24 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? 2s Page. 57 1 2 3 4 A I mean, I would speculate that it took maybe a few weeks. Page 59 1 2 3 4 5 6 7 I 9 0 1 3 4 5 6 7 I 9 3 4 5 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 a A Why not? took? I 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? Page Go 15 (Pages 57 to 60) DANIEL MILLER HIGHLY CONFIDENTIAL 1 2 3 4 5 5 217I2OLL 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 7 8 9 0 1 3 4 5 6 7 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? 1 2 3 4 5 5 7 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.) I 9 TFIE VIDEOGRAPHER: We are back on the record. The time is approximately I 1:20. You may continue, sir. l0 11 L2 tr3 A stated that you worked for a company called Sagepath today; is that right? BYMR. CFIATTERIEE: a Mr. Miller, prior to the break you had l-4 !-s 15 LI I_8 I 9 0 1 2 A a 19 20 2L 22 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. 3 4 5 A a A No. So what do I have wrong when I say that? He wrote -- he wrote some code to hook the ?3 24 ?s l : A a A a A Web. For marketing purposes? Yes. How long have you worked at Sagepath? Since December. . 1 2 3 4 5 6 7 game into the Facebook API. Page.61 a A a A a of 20l0? Yes. Page 63 a that? A Do you know how much time he spent doing Huh-uh. 1 2 3 4 a I 9 0 1 A a A a A a A a No? No. Did you pay him anYthing for it? No. Were you in school at the time Obechi was 5 5 7 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. I 9 launched on Facebook? A I don't recall. a You graduated MaY 2010- 10 t1 \2 tr3 I_4 I recall that I wasn't an employee. BY MR. CF{ATTERJEE: a Did you have an hourly rate when you worked for them? A 3 4 5 6 1 8 9 0 1 2 3 4 Uh-huh. Correct? Correct. Do you know when Obechi launched on t,s tr6 L1 18 A Sometimes. a And other times what kind of hnancial arrangement did you have? A Daily. Facebook? 5 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? Ig 20 22 I don't recall. Okay. What -- what are the hourly rates bt 2z 24 2s 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 Page 64 16 (Pages 61 to 64,

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?