Video Software Dealers Association et al v. Schwarzenegger et al

Filing 79

Declaration of Jay Senter in Support of 78 Brief In Opposition to Plaintiffs' Motion for Summary Judgment filed byCommon Sense Media. (Attachments: # 1 Errata A)(Related document(s)78) (Radford, Francine) (Filed on 4/19/2006)

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Video Software Dealers Association et al v. Schwarzenegger et al Doc. 79 Case 5:05-cv-04188-RMW Document 79 Filed 04/19/2006 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GOODIN, MACBRIDE, SQUERI, RITCHIE & DAY, LLP ROBERT A. GOODIN, State Bar No. 061302 FRANCINE T. RADFORD, State Bar No. 168269 505 Sansome Street, Suite 900 San Francisco, California 94111 Telephone: (415) 392-7900 Facsimile: (415) 398-4321 PILLSBURY WINTHROP SHAW PITTMAN LLP THOMAS V. LORAN III, State Bar No. 95255 JOANNE H. KIM, State Bar No. 221525 50 Fremont Street Post Office Box 7880 San Francisco, CA 94120-7880 Telephone: (415) 983-1000 Facsimile: (415) 983-1200 Attorneys for Amicus Curiae Common Sense Media UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VIDEO SOFTWARE DEALERS and ENTERTAINMENT SOFTWARE ASSOCIATION, Plaintiffs, v. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of the State of California; BILL LOCKYER, in his official capacity as Attorney General of the State of California; GEORGE KENNEDY, in his official capacity as Santa Clara County District Attorney; RICHARD DOYLE, in his official capacity as City Attorney for the City of San Jose, and ANN MILLER RAVEL, in her official capacity as County Counsel for the County of Santa Clara. Defendants. No. C 05 4188 RMW RS DECLARATION OF JAY SENTER Date: May 12, 2006 Time: 9:00 a.m. Courtroom: 6 Before the Honorable Ronald M. Whyte Case No. C 05 4188 RMW RS DECLARATION OF JAY SENTER Dockets.Justia.com Case 5:05-cv-04188-RMW Document 79 Filed 04/19/2006 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. I am currently employed as a communications associate for Common Sense Media. I have held this position since October 2005. I have personal knowledge of the facts stated in this declaration and could and would testify competently thereon if called to do so. 2. Common Sense Media is based out of San Francisco, California. The organization reviews hundreds of media titles each year in an effort to provide parents and children with additional information about the kind of content in the latest movies, video games, and so forth. 3. A DVD containing a montage of footage from several current video games is attached as Exhibit A to this declaration. The montage features footage from the following games: Postal 2: Share the Pain being played on an Apple Macintosh G5 Computer; and Grand Theft Auto: San Andreas, 25 to Life, NARC, Manhunt, and 50 Cent: Bulletproof all being played on a PlayStation 2 console. Footage from the "Hot Coffee" scene in Grand Theft Auto: San Andreas was downloaded off the Internet, and not recorded directly from game play. 4. These games were procured by the following means: Grand Theft Auto: San Andreas was purchased by a Common Sense Media staff member in October 2004 at a GameStop retail location in San Francisco; Postal 2: Share the Pain was purchased by a Common Sense Media staff member in December 2005 via the Internet; 25 to Life, NARC and 50 Cent: Bulletproof were rented from a Blockbuster Video retail location in San Francisco in March and April 2006. Manhunt was rented using a Common Sense Media account with GameFly. 5. After reviewing each game, I selected excerpts that featured: violence against women, violence against law enforcement officers, extreme violence and mass killings. I also included the sexually explicit "Hot Coffee" scene from Grand Theft Auto: San Andreas. 6. To capture the footage from each game, I used video capturing hardware and software on a Macintosh G5 computer. I then imported the video captured from the games and used editing software to produce the attached exhibit. /// /// /// Case No. C 05 4188 RMW RS DECLARATION OF JAY SENTER Case 5:05-cv-04188-RMW Document 79 Filed 04/19/2006 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Case No. C 05 4188 RMW RS -3DECLARATION OF JAY SENTER Case 5:05-cv-04188-RMW Document 79 Filed 04/19/2006 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I certify that Exhibit A is a true and accurate copy of the excerpts described herein. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April ___, 2006 at ____________, California. Jay Senter 3234/001/X77059.v1 Case No. C 05 4188 RMW RS -4DECLARATION OF JAY SENTER

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