Miller v. Facebook, Inc. et al

Filing 121

Declaration of Julio C. Avalos in Support of 120 MOTION for Summary Judgment RE FIRST COUNTERCLAIM FOR BREACH OF CONTRACT filed byFacebook, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 120 ) (Avalos, Julio) (Filed on 3/3/2011)

Miller v. Facebook, Inc. et al

Doc. 121 Att. 1

EXHIBIT A

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

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APPEARANCES OF COUNSEL: On behalf of the Plaintiff: BRIAN D. HANCOCK (when noted) DOUGLAS L. BRIDGES (when noted) Attorneys at Law Heninger, Garrison, Davis, LLC 1 Glenlake Parkway, Suite 700 Atlanta, Georgia [phone] 30328

On behalf of the Defendant Facebook, Inc.: I. NEEL CHATTERJEE JULIO C. AVALOS Attorneys at Law Orrick, Herrington & Sutcliffe, LLP 1000 Marsh Road Menlo Park, California [phone] 94025

Also Present:

Terry Wetz, Videographer

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DANIEL MILLER HIGHLY CONFIDENTIAL

2/7/2011

17:05:54 17:06:01 17:06:02 17:06:07 17:06:08 17:06:10 17:06:13 17:06:15 17:06:17

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Q A Q A Q A Q

Do you play games on Facebook? Not currently. Okay. Do you do it every once in a while?

Once in a while I might. Are you active on Facebook? I consider myself active on Facebook. And what are you generally doing when

you're on Facebook? A I'm chatting with friends or looking at

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what my friends are up to. Q A Q Facebook? A I wanted to explore how developing on Do you go to Facebook for the games? No. Why did you decide to launch Obechi on

Facebook would be. Q Now, Facebook does not host the Obechi

game, right? A game? Q Where does the Obechi game operate from? MR. BRIDGES: A Object as to form. What do you mean doesn't host the Obechi

The Obechi SWF file operates on my server.

BY MR. CHATTERJEE: Q Okay. And it's transmitted -- and there's

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