Miller v. Facebook, Inc. et al

Filing 117

Declaration of Randolph Moon in Support of 114 MOTION for Summary Judgment RE CONTRIBUTORY COPYRIGHT INFRINGEMENT filed byFacebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 114 ) (Avalos, Julio) (Filed on 3/3/2011)

Miller v. Facebook, Inc. et al

Doc. 117

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I. NEEL CHATTERJEE (STATE BAR NO. 173985) [e-mail] JULIO C. AVALOS (STATE BAR NO. 255350) [e-mail] MORVARID METANAT (STATE BAR NO. 268228) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Defendant FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DANIEL M. MILLER, Plaintiff, v. FACEBOOK, INC. and YAO WEI YEO, Defendants.

Case No. 3:10-CV-00264 (WHA) DECLARATION OF RANDOLPH MOON IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT

DECLARATION OF RANDOLPH MOON ISO MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT 3:10-CV-00264 (WHA)

Dockets.Justia.com

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 26 27 28 1. I am a former employee of Facebook, Inc. ("Facebook"). I make this declaration I, Randolph Moon, declare as follows:

in support of Facebook's Motion for Summary Judgment of Noninfringement. Except as otherwise noted, I have personal knowledge of the facts stated herein and if called as a witness, could and would competently testify thereto. 2. I was a Facebook employee from April 2007 through October 2011. During my

employment with Facebook, I was a member of the User Operations Group. Specifically, I was a member of the Intellectual Property team within the User Operations Group. My job duties included responding to complaints of intellectual property infringement sent to Facebook. I reported directly to Allison Grabler, the User Operations Team Leader at the time. I operated under the alias "Kieran" while at Facebook. 3. Facebook processes user complaints through a ticket processing system ("TPS").

Each new complaint is referred to as a "ticket." These tickets are automatically routed to teams based on the type of complaint lodged. Tickets are assigned to particular User Operations team members who then handle the ticket through its resolution. 4. On May 20, 2009, I received a TPS ticket from an individual named Robert

Madayag. The TPS ticket stated that Mr. Madayag had sent a letter to Facebook on May 7, 2009 for which he had not received a response. He attached a letter dated May 7, 2009. The letter was apparently sent to [e-mail], which is not an e-mail address used for processing complaints. The correct address is [e-mail], the e-mail address to which the May 20, 2009 communication had been sent. Mr. Madayag's letter apparently related to a Facebook profile page for a third party application named ChainRxn. Profile pages do not display any application content. Application content is available through separate pages called canvas pages. Other than this May 20, 2009 communication, there were no prior reports, logs, or tickets in the TPS system from Mr. Madayag relating to ChainRxn. 5. On May 22, 2009, I responded to Mr. Madayag's communication via e-mail and

informed him that his complaint referred to a third party application that "was created and is -1DECLARATION OF RANDOLPH MOON ISO MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT 3:10-CV-00264 (WHA)

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 26 27 28 operated by a third party developer" and "Facebook does not have the ability to control the content made available through the application." Facebook does not host third party applications on its servers or systems. However, in order to facilitate a resolution of this dispute between third party developers, I further informed Mr. Madayag that I would forward a copy of his communication to the application's developer to resolve his concerns. 6. That same day, after responding to Mr. Madayag's communication, I forwarded a

copy of Mr. Madayag's communication to an individual named "Yeowei" at [e-mail], the name and email address associated with the ChainRxn application. I also informed "Yeowei" that that he must remove or disable the ChainRxn application to the extent that it was infringing. 7. On May 23, 2009, "Yeowei" responded to my email and stated that he had

received a similar letter and was seeking legal advice. 8. resolved. 9. Then, on June 15, 2009, I received a second communication from Mr. Madayag I did not hear back from either party for three weeks and considered the matter

through Facebook's TPS regarding the ChainRxn application profile page. This letter also complained of the ChainRxn game. 9. On June 22, 2009, I responded to Mr. Madayag's June 15, 2009 communication

and inquired whether Mr. Madayag had been in contact with the developers of ChainRxn. I also requested that Mr. Madayag let me know if the developers of ChainRxn had not contacted him within 48 hours. 10. That same day, after responding to Mr. Madayag's communication, I emailed

"Yeowei" regarding Mr. Madayag's June 15, 2009 communication. I requested that "Yeowei" "address this matter with all due urgency." 11. "Yeowei" responded to my email later that same day indicating that he had already

contacted Mr. Madayag, but would do so again. 12. Mr. Madayag never replied to my June 22, 2009 email. I had no further

communication with him.

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DECLARATION OF RANDOLPH MOON ISO MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT 5:10-CV-00264 (WA)