Apple Inc. v. Amazon.Com, Inc.

Filing 20

Declaration of John Wright in Support of 18 MOTION for Preliminary Injunction NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION filed byApple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 18 ) (Eberhart, David) (Filed on 4/13/2011)

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DAVID R. EBERHART (S.B. #195474)
[e-mail]

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RYAN J. PADDEN (S.B. #204515)
[e-mail]

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DAVID J. SEPANIK (S.B. #221527)

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O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]

[e-mail]

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Attorneys for Plaintiff
APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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APPLE INC., a California corporation,

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Plaintiff,
v.

Case No. CV 11-01327 PJH
DECLARATION OF JOHN WRIGHT IN
SUPPORT OF APPLE INC.’S MOTION
FOR PRELIMINARY INJUNCTION

AMAZON.COM, INC., a Delaware
corporation, and AMAZON DIGITAL
SERVICES, INC., a Delaware corporation,
Defendants.

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DEC. OF WRIGHT ISO
APPLE INC.’S MOTION FOR PI
CASE NO. CV 11-01327 PJH

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I, John Wright, pursuant to 28 U.S.C. § 1746, hereby declare as follows:
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I am currently the Director of Core OS Platform Technologies for Apple Inc.

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(“Apple”). I submit this declaration in support of Apple’s motion for preliminary injunction

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against Amazon.com, Inc. (“Amazon”).

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2.

In my capacity as Director, I am responsible for low-level system software and

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security mechanisms for iOS, Apple’s operating system software for the iPhone, iPod touch and

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iPad devices. I have personal knowledge of the information provided within this declaration and

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would testify under oath to that information if called as a witness.

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3.

I am aware that Amazon has recently launched its own download service under the

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name APPSTORE and I have personally visited Amazon’s mobile software download service on

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www.amazon.com/apps. Amazon appears to license only software for use on Android operating

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systems.

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4.

Amazon’s site indicates that some applications available from Amazon’s service

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will not work unless the mobile device is “rooted.” Attached hereto as Exhibit A is a true and

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correct copy of a screenshot of Amazon’s webpage at

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http://www.amazon.com/gp/feature.html?docId=1000626391&ref=mas_gs.

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5.

“Rooting” means that the security features in the Android operating system have

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been bypassed and that the user has the highest level of access—known as “root” access—to the

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mobile device. In turn, this means that applications running on such a device have the highest

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level of access to the operating system without constraint by security features. Such high level

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access substantially increases the damage that malware or a virus can wreak on a mobile device.

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Apple’s APP STORE, by contrast, does not offer applications for “rooted”—or, in the parlance of

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hackers of iOS devices, “jailbroken”—iOS-based mobile devices. Attached hereto as Exhibit B

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are articles discussing the process or rooting an Android device and some of the problems that

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arise as a result. [http://www.androidcentral.com/rooting-it-me-some-qa;

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http://www.computerworld.com/s/article/print/9213800/Android_Security_Six_Tips_to_Protect_

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Your_Google_Phone?taxonomyName=Security&taxonomyId=17; http://arstechnica.com/open-

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source/news/2011/03/malware-in-android-market-highlights-googles-vulnerability.ars;
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DEC. OF WRIGHT ISO
APPLE INC.’S MOTION FOR PI
CASE NO. CV 11-01327 PJH

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http://www.cnet.com/8301-19736_1-20026340-251.html?tag=mncol;3n;

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http://www.pcworld.com/article/184077/the_motorola_droid_gets_rooted.html]

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I am aware that one commentator recently addressed Amazon’s decision to license

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software that may require users to “root” their devices, explaining that “[g]iving you root access

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runs the risk of giving the world root access, and that means your device could more easily be

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hacked and/or taken over by the bad guys.” The commentator characterized Amazon’s decision

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as “a very questionable position for a mainstream retailer to put itself in.” The article predicts

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that “Amazon is going to have some customers that don’t understand the rooting issue, and that

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will lead to some unhappy customers. Worse, it will also lead to some users rooting their devices

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that simply shouldn’t be doing so, and that will lead to compromised phones – it’s only a matter

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of time.” Attached hereto as Exhibit C is a true and correct copy of the above referenced article

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found at http://iphonejailbreaktools.com/4880/jailbreaking-the-back-page-some-amazon-

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appstore-apps-require-rooting-att-need-not-apply.html.

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I declare under penalty of perjury of the laws of the United States that the foregoing is true
and correct.
Dated: April 11, 2011

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John Wright
Apple Inc.

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DEC. OF WRIGHT ISO
APPLE INC.’S MOTION FOR PI
CASE NO. CV 11-01327 PJH