Miller v. Facebook, Inc. et al

Filing 115

Declaration of Julio C. Avalos in Support of 114 MOTION for Summary Judgment RE CONTRIBUTORY COPYRIGHT INFRINGEMENT filed byFacebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C1, # 4 Exhibit C2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Related document(s) 114 ) (Avalos, Julio) (Filed on 3/3/2011)

Miller v. Facebook, Inc. et al

Doc. 115 Att. 1

EXHIBIT A

Dockets.Justia.com

DANIEL MILLER HIGHLY CONFIDENTIAL

2/7/2011

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all the rest were -- or substantially similar if all the rest were the same. Q Is the scoring system between ChainRxn

and -- and Boomshine the same? A Q A No. Is the music or sounds the same? The sounds, I don't recall specifically

what happens when -- when something explodes, but I don't think they're very similar. Q A didn't we? Q We discussed it, but you weren't -- you We Are the title screens the same? I think we had this discussion before,

got a little confused when I was using page. didn't say title screens. A Uh-huh. I don't recall if the title

screens were substantially similar.

I was more

looking toward what happens after you hit start. Q And is there -- are the -- are the ball

colors always the same between the two games? A Q Not -- I'm not sure. I don't recall.

In fact, if I were to play Boomshine two

times in a row, would the ball colors on the screen always be the same? A I think they would be different.

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DANIEL MILLER HIGHLY CONFIDENTIAL

2/7/2011

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Q right? A Q A Q

Because you have a random color generator,

Correct. Are the intermediate screens the same? Can you define intermediate screens? Sure. When I finish one level and I go to

the next level there's a screen that shows up in between. A Q Are those intermediate screens the same? The same in what context? So I finish level 1 of the Boomshine game,

I finish level 1 on the ChainRxn game, the screen comes up telling me what to do next. screens the same? A Q I think they're very similar. Okay. MR. CHATTERJEE: exhibit. Let's mark this the next Are those two

We'll do this one with it. (Documents marked for identification as

Defendant's Exhibit 2030 & Exhibit 2031.) BY MR. CHATTERJEE: Q So I put two documents in front of you.

One's 2030 marked ChainRxn, and then the other is 2031. A Q Is it 2029 or 20 -2031. 2031, which is Boomshine. These are just

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