"The Apple iPod iTunes Anti-Trust Litigation"

Filing 751

Administrative Motion to File Under Seal Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll; Plaintiffs' Responsive Separate Statement in Support of Opposition to Defendant's Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll and Exhibits 1-4, 9-17, 20-29, 31-46, 48-54, 56, and 58-62 Under Seal Pursuant to Civil L.R. 7-11 and 79-5(c) filed by Somtai Troy Charoensak, Mariana Rosen, Melanie Tucker. (Attachments: # 1 Declaration in support thereof, # 2 Proposed Order Granting Plaintiffs' Administrative Motion to Seal, # 3 Unredacted Version of Plaintiffs Memorandum of Law in Opposition to Defendants Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll, # 4 Exhibit 1-2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5-8, # 8 Exhibit 9-17, # 9 Exhibit 18-19, # 10 Exhibit 20-29, # 11 Exhibit 30, # 12 Exhibit 31-35, # 13 Exhibit 36-46, # 14 Exhibit 47, # 15 Exhibit 48-54, # 16 Exhibit 55, # 17 Exhibit 56, # 18 Exhibit 57, # 19 Exhibit 58-62, # 20 Declaration of Bonny E. Sweeney in Support of Plaintiffs Memorandum of Law in Opposition to Defendants Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll, # 21 Unredacted Version of Plaintiffs' Responsive Separate Statement in Support of Opposition to Defendant's Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll, # 22 Proposed Order Denying Defendant's Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll)(Sweeney, Bonny) (Filed on 1/13/2014)

EXHIBIT 5

EXHIBIT 6

EXHIBIT 7

(
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I, Amanda Marks, declare as follows:

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1.

I am Executive Vice President and General Manager of Universal Music

3 Distribution and was formerly Senior Vice President, Universal Music Group - eLabs. I have
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personal knowledge of the facts stated herein and would and could testify competently thereto if

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called as a witness in this matter.

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2.

UMG Recordings, Inc. is a record company which is part of what is known as the

Universal Music Group ("Universal").

Universal is one of the world's leading music companies.

8 Universal discovers, develops, markets and distributes recorded music in a number of ways,
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including through licenses or distribution agreements with various companies.
3.

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Universal, like other music companies, entered into agreements with Apple, Inc.

11 ("Apple") for the sale of Universal's sound recordings through Apple's iTunes Store. These
12 agreements set forth the terms and conditions under which Apple provided certain services,
13 including the sale of downloads of sound recordings. Universal and Apple updated the
14 agreements from time to time to make changes to the terms and conditions.
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4.

As part of the agreements, Universal required that its sound recordings available for

16 sale by Apple through the iTunes Store have content protection to guard against piracy. In or
17 around 2004 Universal had discussions with Apple, in which Universal expressed to Apple that
18 while Universal continued to require content protection, Universal wanted interoperability
19 between its music sold through online stores and portable digital music players. Universal has
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always had an interest in having its music sold in the widest manner possible, through as many

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channels as possible.

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III

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III

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III

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5.

During the relevant period, Universal

2 IIcompanies,

including

3 IIUniversal's

music was sold through such companies'

4 II
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RealNetworks,

entered into agreements

which set forth the terms and conditions

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under which

online stores.

I declare under penalty of perjury under the laws of the United States of America that the

II foregoing is true and correct. Executed December

d2 2010,

at Los Angeles,

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with other

~/?2~

AMANDA

MARKS

California.

EXHIBIT 8