Miller v. Facebook, Inc. et al

Filing 63

Declaration of Julio C. Avalos in Support of 62 MOTION to Dismiss Second Amended Complaint filed byFacebook, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 62 ) (Gray, Thomas) (Filed on 6/21/2010)

EXHIBIT A

Pages 1 - 30 United States District Court Northern District of California Before The Honorable William Alsup Daniel M. Miller, ) ) Plaintiff, ) ) vs. ) ) Facebook, Incorporated, ) et al., ) ) Defendant. ) ____________________________)

No. C10-264 WHA

San Francisco, California Thursday, May 27, 2010

Reporter's Transcript Of Proceedings Appearances: For Plaintiff: By: For Defendant: By: The Law Office of D. Gill Sperlein 584 Castro Street, Suite 879 San Francisco, California 94114 D. Gill Sperlein, Esquire Orrick, Herrington & Sutcliffe 1000 Marsh Road Menlo Park, California 94025 Indra Neel Chatterjee, Esquire

Reported By:

Sahar McVickar, RPR, CSR No. 12963 Official Reporter, U.S. District Court For the Northern District of California (Computerized Transcription By Eclipse)

Sahar McVickar, C.S.R. No. 12963, RPR Official Court Reporter, U.S. District Court [phone]

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THE COURT:

So your client, does he have a copyright

on the code as well as the name? MR. SPERLEIN: THE COURT: allegedly copied? MR. SPERLEIN: THE COURT: No, Your Honor, he did not. He has a copyright on the code.

Did he have one at the time it was

I guess that doesn't matter. It would matter for statutory damages

MR. SPERLEIN:

and attorney's fees but not for liability. THE COURT: All right. So you're saying -- so the

guy at Cornell somehow downloaded the code when he was playing the game from your website, Mr. Miller's website, and then wrote his own game but used exactly the same code and then gave it to Facebook on a face page -- on a page, and it became the top ten? MR. SPERLEIN: I might quibble with some of that. I

don't know for certain how he accessed the code or how he did that, I think that's, you know, something, again, would take place in discovery with expert witnesses and computer engineers that would know a lot more about how the game is developed than I could tell you. THE COURT: So how much money could be involved?

Can't be very much money at stake here. MR. SPERLEIN: THE COURT: Oh, Your Honor, I mean, Facebook -What would it

A few hundred dollars?

Sahar McVickar, C.S.R. No. 12963, RPR Official Court Reporter, U.S. District Court [phone]

CERTIFICATE OF REPORTER

I, Sahar McVickar, Official Court Reporter for the United States Court, Northern District of California, hereby certify that the foregoing proceedings were reported by me, a certified shorthand reporter, and were thereafter transcribed under my direction into typewriting; that the foregoing is a full, complete and true record of said proceedings as bound by me at the time of filing. The validity of the reporter's

certification of said transcript may be void upon disassembly and/or removal from the court file.

/s/ Sahar McVickar Sahar McVickar, RPR, CSR No. 12963 Thursday, June 3, 2010

Sahar McVickar, C.S.R. No. 12963, RPR Official Court Reporter, U.S. District Court [phone]