Apple Inc. v. Amazon.Com, Inc.

Filing 39

Declaration of Sarah J. Givan in Support of 36 Opposition/Response to Motion for Preliminary Injunction filed byAmazon Digital Services, Inc., Amazon.Com, 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)(Related document(s) 36 ) (Givan, Sarah) (Filed on 6/1/2011)

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EXHIBIT 5 American Dialect Society Page 1 of 3 American Dialect Society Saturday, January 08, 2011 "App" voted 2010 word of the year by the American Dialect Society (UPDATED) WYNDHAM GRAND HOTEL, PITTSBURGH—JAN. 7—In its 21st annual words of the year vote, the American Dialect Society voted "app" (noun, an abbreviated form of application, a software program for a computer or phone operating system) as the word of the year for 2010. (Read the entire press release.) UPDATE: Photos from the event.) Presiding at the Jan. 7 voting session were ADS Executive Secretary Allan Metcalf of MacMurray College, and Ben Zimmer, chair of the New Words Committee of the American Dialect Society and executive producer of VisualThesaurus.com . Zimmer is also the "On Language" columnist for the New York Times Magazine. "App has been around for ages, but with millions of dollars of marketing muscle behind the slogan 'There's an app for that,' plus the arrival of 'app stores' for a wide spectrum of operating systems for phones and computers, app really exploded in the last 12 months," Zimmer said. "One of the most convincing arguments from the voting floor was from a woman who said that even her grandmother had heard of it." Word of the Year is interpreted in its broader sense as "vocabulary item"— not just words but phrases. The words or phrases do not have to be brandnew, but they have to be newly prominent or notable in the past year, in the manner of Time magazine's Person of the Year. The vote is the longest-running such vote anywhere, the only one not tied to commercial interests, and the word-of-the-year event up to which all others lead. It is fully informed by the members' expertise in the study of words, but it is far from a solemn occasion. Members in the 121-year-old organization include linguists, lexicographers, etymologists, grammarians, historians, researchers, writers, authors, editors, professors, university students, and independent scholars. In conducting the vote, they act 'in fun and do not pretend to be officially inducting words into the English language. Instead ADS-L Email List I ADS-L Archive: 19921999: 1999-today I Conferences and Calls I Contact I Constitution I DARE I Home Links I Media Queries I NADS I News I Publications I Words of the Year About Founded in 1889, the American Dialect Society is dedicated to the study of the English language in North America, and of other languages, or dialects of other languages, influencing it or influenced by it. Our members include academics and amateurs, professionals and dilettantes, teachers and writers. American Speechls the society's quarterly journal; there is an online archive, covering 1925 to the present, available to members. NADS. our newsletter, is issued three times a year. Online access to its back issues is unrestricted. One book in the PADS (Publication of the American Dialect Society) monograph series is published each year. Current and back issues of American Speech and PADS may be purchased individually from our publisher, The Duke University Press. Membership is the same as subscription: members receive all publications; subscribing to the publications makes you a member. Recent Entries Call for Papers: American Dialect Society, Midwest Region. Nov. 3-6, 2001. St. Louis American Dialect Society Presidential Honorary Members For 2011 "App" voted 2010 word of the year by the American Dialect Society (UPDATED) Nominations for 2010 word of the year posted UPDATED: American Dialect Society Annual Meeting 2011 in Pittsburgh, January 6-8 they are highlighting that language change is normal, ongoing, and entertaining. In a companion vote, sibling organization the American Name Society voted "Eyafjalljokul" as Name of the Year for 2010 in its seventh annual name-ofthe-year contest. It's the name of an Icelandic volcano which spewed enough ash this year to severely disrupt flights across Europe. (Read the entire press release.) [Last modified: 08 Jan 2011 07:18 GMT I permalink] Monthly Archives February 2011 January 2011 December 2010 November 2010 April 2010 March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 Page 16 http://www.americandia1ect.org/index.php/amerdial/app_voted_2010_word_of the_year_b... 3/26/2011 American Dialect Society Page 1 of 1 pages Site maintained by Grant Barrett at Double-Tongued Dictionary. Page 2 of 3 • May 2009 April 2009 March 2009 February 2009 January 2009 December 2008 November 2008 October 2008 September 2008 August 2008 July 2008 June 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004 January 2004 December 2003 August 2003 July 2003 June 2003 Page 17 http://www.americandia1ect.org/index.php/amerdia1/app_voted_2010_word_of the_year_b... 3/26/2011 Contacts for Word of the Year: American Dialect Society Allan Metcalf, Executive Secretary americandialect@mac.edu English Department MacMurray College Jacksonville, Illinois 62650-2590 — Ben Zimmer, Chair of the New Words Committee of the American Dialect Society, executive producer of the Visual Thesaurus, http://visualthesaurus.com and "On Language" columnist, The New York Times Magazine. bzimmer@thinkmap.com , (212) 381-0550. — Grant Barrett, co-host of A Way with Words, a nationwide public radio program about language, and vice president of communication and tech for the American Dialect Society, grantbarrett@gmail.com , cell (646) 286-2260. — Allan Metcalf, Execuive Secretary, American Dialect Society, author of OK: The Improbable Story of America's Greatest Word, professor of English at MacMurray College, americandialect@mac.edu , (217) 370-5745 Contact for Name of the Year: Cleveland K. Evans, Past President, American Name Society, cevans@bellevue.edu , (402) 557-7524 (For immediate release) January 7, 2011 "App" 2010 Word of the Year, as voted by American Dialect Society WYNDHAM GRAND HOTEL, PITTSBURGH—JAN. 7—In its 21st annual words of the year vote, the American Dialect Society voted "app" (noun, an abbreviated form of application, a software program for a computer or phone operating system) as the word of the year for 2010. Presiding at the Jan. 7 voting session were ADS Executive Secretary Allan Metcalf of MacMurray College, and Ben Zimmer, chair of the New Words Committee of the American Dialect Society and executive producer of VisualThesaurus.com . Zimmer is also the "On Language" columnist for the New York Times Magazine. "App has been around for ages, but with millions of dollars of marketing muscle behind the slogan 'There's an app for that,' plus the arrival of 'app stores' for a wide spectrum of operating systems for phones and computers, app really exploded in the last 12 months," Zimmer said. "One of the most convincing arguments from the voting floor was from a woman who said that even her grandmother had heard of it." Word of the Year is interpreted in its broader sense as "vocabulary item"—not just words but phrases. The words or phrases do not have to be brand-new, but they have to be newly prominent or notable in the past year, in the manner of Time magazine's Person of the Year. The vote is the longest-running such vote anywhere, the only one not tied to commercial interests, and the word-of-the-year event up to which all others lead. It is fully informed by the members' expertise in the study of words, but it is far from a solemn occasion. Members in the 121-year-old organization include linguists, lexicographers, etymologists, grammarians, historians, researchers, writers, authors, editors, professors, Page 18 American Dialect Society: Words of the Year 2 university students, and independent scholars. In conducting the vote, they act in fun and do not pretend to be officially inducting words into the English language. Instead they are highlighting that language change is normal, ongoing, and entertaining. In a companion vote, sibling organization the American Name Society voted "Eyafjalljokul" as Name of the Year for 2010 in its seventh annual name-of-the-year contest. It's the name of an Icelandic volcano which spewed enough ash this year to severely disrupt flights across Europe. AMERICAN DIALECT SOCIETY VOTE TALLIES The number after each nomination is the number of votes it received. Numbers separated by slash marks indicate a run-off. Voting totals for each category might not be identical because the number of voters might have changed for each category. WORD OF THE YEAR app: application program for a computer or phone operating system. As in "there's an app for that," an advertising slogan for the iPhone. 52/69 WINNER nom: Onomatopoetic form connoting eating, esp. pleasurably. Can be used as an interjection or noun to refer to delicious food. 34/51. junk as used in junk shot (attempt to fix BP oil spill), junk status (Greece's credit rating), don't touch my junk (protest against TSA pat-down procedure). 17 Wikileaks as proper noun, common noun, and verb. 12 trend verb: to exhibit a burst of online buzz. 12 MOST USEFUL nom Onomatopoetic form connoting eating, esp. pleasurably. Can be used as an interjection or noun to refer to delicious food. 49/72 WINNER fat-finger verb: to mistype, as by accidentally striking more than one key on a keyboard/pad. 16 junk junk shot (attempt to fix BP oil spill), junk status (Greece's credit rating), don't touch my junk (protest against TSA pat-down procedure). 46/42 vuvuzela: South African plastic trumpet used by fans during the FIFA World Cup matches. MOST CREATIVE prehab Preemptive enrollment in a rehab facility to prevent relapse of an abuse problem. 45/65 WINNER -sauce Intensive suffix, as in awesome-sauce 'great' and lame-sauce 'stupid'. 37/51 spillion An immense number, especially of gallons of oil in the Gulf spill. Also spillionaire, person made rich by money from BP's spill cleanup fund. 29 phoenix firm A troubled company that reemerges under a new name. 13 MOST UNNECESSARY refudiate Blend of refute and repudiate used by Sarah Palin on Twitter. 72/WINNER ironic moustache Facial hair worn as a statement of retro hipsterdom. 6 star whacker Imagined celebrity killer (alleged by actor Randy Quaid and his wife Evi). 16 hipsterdom: the state of being hip beyond all recognition. So hip you're unhip. 14 MOST OUTRAGEOUS gate rape Pejorative term for invasive new airport pat-down procedure. 55/67 WINNER terror baby Baby born to a terrorist family on U.S. soil in order to establish citizenship. 52/56 American Dialect Society 2010 Word of the Year Vote - 2 Page 19

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