Miller v. Facebook, Inc. et al

Filing 116

*** REFER TO DOCUMENT 126 FOR CORRECT EXHIBITS. *** Declaration of David Crane in Support of 114 MOTION for Summary Judgment RE CONTRIBUTORY COPYRIGHT INFRINGEMENT filed byFacebook, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Related document(s) 114 ) (Avalos, Julio) (Filed on 3/3/2011) Modified on 3/4/2011 (feriab, COURT STAFF).

Miller v. Facebook, Inc. et al

Doc. 116 Att. 10

EXHIBIT 10

Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DANIEL M. MILLER Plaintiff, CIVIL ACTION FILE vs. NO. 10-00264 (WHA) FACEBOOK, INC. and YAO WEI YEO, Defendants.

_________________________________________________________ ***HIGHLY CONFIDENTIAL*** VIDEO DEPOSITION OF DANIEL MILLER Monday, February 7, 2011 10:05 a.m. Heninger, Garrison & Davis 1 Glenlake Parkway, Suite 700 Atlanta, Georgia

Reported by: Robyn Bosworth RPR, CRR, CCR-B-2138 JOB NO. 155202

DANIEL MILLER HIGHLY CONFIDENTIAL

2/7/2011

10:52:06 10:52:08 10:52:11 10:52:13 10:52:17 10:52:20 10:52:23 10:52:27 10:52:27 10:52:32 10:52:32 10:52:34 10:52:35 10:52:36 10:52:37 10:52:39 10:52:42 10:52:44 10:52:47 10:52:50 10:52:51 10:52:53 10:52:58 10:53:01 10:53:04

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

Q

Have you ever launched on any other social Boomshine. Let me -- let me

networking website? restate the question.

Have you ever launched

Boomshine on any other social networking website? A Q Can you define social networking website? I'm talking about the conventional ones

like MySpace or what used to be MySpace, Bebo, hi5, Facebook, anyone with a third-party application plug-in that's a platform for users who are engaging socially. A still. Q question? A Still the definition of what do you mean Okay. What confuses you about the I'm not sure I understand the question

by social network. Q What I mean by that is any place that

allows you to operate off of a platform and interact with other users. A Q A Q A Yes. And where are those? I can recall Kongregate is one. And what is Kongregate? Exactly what you mentioned, a social

website -- a social platform website.

48

DANIEL MILLER HIGHLY CONFIDENTIAL

2/7/2011

11:02:30 11:02:36 11:02:38 11:02:41 11:02:46 11:02:48 11:02:50 11:02:51 11:02:54 11:02:57 11:02:58 11:03:00 11:03:06 11:03:10 11:03:12 11:03:15 11:03:18 11:03:24 11:03:27 11:03:30 11:03:32 11:03:33 11:03:36 11:03:38 11:03:39

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

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 May 24th of 2007 and early 2008? MR. HANCOCK: answer. A Besides being in school, I can't recall Object to the form. You can

anything specifically. BY MR. CHATTERJEE: Q During -- while you were operating

Boomshine in 2007 to early 2008, were you signing up deals or placing it on other websites? A Q Can you repeat the question, please? Sure. From the time you launched in 2007

to early 2008, were you making Boomshine available on other websites? A Can you be more specific what you mean by

putting them on other websites? Q A What's confusing about the question? Like are you asking if I put them on the

other websites? Q A Q Yes. Yes. Okay. Who?

57

DANIEL MILLER HIGHLY CONFIDENTIAL

2/7/2011

11:03:42 11:03:45 11:03:47 11:03:48 11:03:49 11:03:51 11:03:55 11:04:01 11:04:05 11:04:10 11:04:12 11:04:14 11:04:17 11:04:20 11:04:23 11:04:24 11:04:27 11:04:29 11:04:32 11:04:35 11:04:36 11:04:39 11:04:43 11:04:46 11:04:49

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

A Q A Q A Q

I put it on Kongregate. Which was another platform? Right. Okay. But it's not -- yeah. Okay.

And what did you need to do in order to

put Boomshine on the Kongregate platform? A Q A Q A Q A Q Upload the game. Did you put it on any other websites? Newgrounds. And what's Newgrounds? A portal. Portal to what? Content. Did you have -- other than uploading it,

did you have to do anything further? A Q A Not that I can recall. Okay. Anyone else?

Off the top of my head I can't remember

any others. Q Do you ever -- do you remember ever making

changes to your game in order to make it available through other companies? A Q Can you be more specific on your question? Sure. Do you remember, like, changing

58

DANIEL MILLER HIGHLY CONFIDENTIAL

2/7/2011

17:27:31 17:27:31 17:27:32 17:27:36 17:27:40 17:27:44 17:27:45 17:27:46 17:27:49 17:27:52 17:27:55 17:27:57 17:28:00 17:28:05 17:28:09 17:28:12 17:28:17 17:28:20 17:28:23 17:28:26 17:28:28 17:28:30 17:28:32 17:28:33 17:28:35

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

A Q

Correct. Got it. And there's a number that are charged 400

for, and then some others that charge higher rates like 550, 700. differences? A Q Negotiation. And so basically you charge different What was the reason for those price

people different prices based upon what they are willing to pay? A Q Yes. Other than adding a logo or something like

that, and I'm going to exclude New Line Cinema for the moment, did you make any other kind of significant changes to any of the versions that you licensed? A Q Not that I can recall. And why do you list Kongregate weekly and

Kongregate monthly separately from confirmed clients? A Q A Q Oh, because that was contests. And what kind of contests? Monthly and weekly contests. And what were the contests that were being

run with respect to Boomshine on Kongregate?

283

DANIEL MILLER HIGHLY CONFIDENTIAL

2/7/2011

17:28:39 17:28:42 17:28:48 17:28:51 17:28:53 17:28:53 17:28:54 17:28:58 17:29:00 17:29:03 17:29:03 17:29:05 17:29:06 17:29:07 17:29:11 17:29:15 17:29:19 17:29:23 17:29:25 17:29:27 17:29:29 17:29:31 17:29:33 17:29:37 17:29:52

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

A

When I uploaded my game on Kongregate

there was a contest for votes, and my game won a weekly award as well as a monthly award. Q A Q Of votes like who liked it the most? Correct. Got it. Now, pending clients, FreeOnlineGames. you remember when you first contacted them? A my head. Q How long has it been approximately that I can't recall specifically off the top of Do

it's been pending? A Q A Q $2,000. I have no idea. And CompFused, any recollection there? I don't recall specifically. And unknown client to unknown agency for Someone that you never knew offered you

$2,000 to license? A Q A Q I don't recall. Do you recall anything about that entry? I don't recall that entry. And the total amount of licensing revenue

you received was $10,475? A Q Correct. Now, the data on 2038 was data that you

284