Kinderstart.Com, LLC v. Google, Inc.

Filing 16

Attachment 2
MOTION for Preliminary Injunction Free Speech Violations filed by Kinderstart.Com, LLC. Motion Hearing set for 6/30/2006 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Exhibit Ex 1 Lewis Declaration# 2 Exhibit Ex 2 - Goodman Declaration# 3 Exhibit Ex 3 - Yu Declaration# 4 Exhibit Ex 4 - McCarley Declaration# 5 Exhibit Ex 5 - Hoagland Declaration# 6 Exhibit Ex 6 - Purkiss Declaration# 7 Exhibit Ex 7 - Canady Declaration# 8 Exhibit Ex 8 - Blades Declaration)(Yu, Gregory) (Filed on 5/26/2006)

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Kinderstart.Com, LLC v. Google, Inc. Doc. 16 Att. 2 Case 5:06-cv-02057-JF Document 16-3 Filed 05/26/2006 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 Gregory J. Yu (State Bar No. 133955) GLOBAL LAW GROUP 2015 Pioneer Court, Suite P-1 San Mateo, CA 94403 Telephone: (650) 570-4140 Facsimile: (650) 570-4142 E-mail: glgroup [at] inreach [dot] com Attorney for Plaintiffs and Proposed Class and Subclasses UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION KINDERSTART.COM LLC, a California limited liability company, on behalf of itself and all others similarly situated, Plaintiffs, v. GOOGLE, INC., a Delaware corporation, Defendant. Case No. C 06-2057 JF DECLARATION OF VICTOR B. GOODMAN IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AGAINST FURTHER FREE SPEECH VIOLATIONS I, VICTOR GOODMAN, HEREBY DECLARE AS FOLLOWS: 1. My name is Victor B. Goodman, and I am a resident of the City of Los Angeles, State of California. I submit this Declaration in support of Plaintiff's Motion for Preliminary Injunction. This Declaration is based upon my personal knowledge and, where noted, on information and belief following a review of relevant business records or independent investigation, or both, as the case may be regarding the matters set forth below. 2. I am member and a manager of KinderStart.com LLC, a California limited liability company ("KinderStart"), which is headquartered in Norwalk, California. I have a Doctorate in Educational Policy Analysis from the University of California, Los Angeles, and have worked extensively in Internet technology and as a teacher in the Los Angeles Unified Public School District. DECLARATION OF VICTOR B. GOODMAN FOR PLAINTIFF'S MOTION Case No. C 06-2057 JF Dockets.Justia.com Case 5:06-cv-02057-JF Document 16-3 Filed 05/26/2006 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 3. In 2000, KinderStart was founded and the Website www.kinderstart.com ("KS.com") was launched. KinderStart fueled growth with a financial investment in the high-six figures. I was the director and Sara Lewis was hired to assist in the site development. This site is the largest, oldest and most organized indexed directory on the Internet with information for parents, caregivers and perhaps teachers of children aged seven and under. With over 1,600 categories and sub-categories in its taxonomy, it remains as the Internet's easiest and fastest way for parents to get a wealth and depth of information about subjects ranging from child development, child health issues to issues of pregnancy birth, and education and care of young children and infants. Our site has been recognized and featured by countless state and local public libraries, early childhood programs, The New York Times, The University of Pittsburgh School of Education, and various state and federal governments around the world. Also, KinderStart has joint promotional efforts underway with PBS and Teletubbies, just to name a few. These endorsements were the result of extremely hard work from our team and volunteers. 4. The outcome for www.kinderstart.com was a robust, valuable, and freely- available index and organization of data and search engine which KinderStart carefully compiled. This index serves a real function, as unlike broad general search engines it is sharp, focused and highly relevant to our core audiences. Our traffic continued to expand in a geometric quality as hundreds of thousands of parents and caregivers found our focus useful. By February 2005, our Website was presenting 10 million page views monthly to an estimated 100,000 visitors over the Internet. The site had consistently earned a PageRank of up to `5' and higher under Google's PageRank system. All search services were and are provided to our target audience of parents and caregivers. KinderStart maintains no registry of our visitors. 5. On information and belief, KS.com was abruptly and intentionally removed from Google's Web Index on March 19, 2005 or later. Our PageRank sank to `0'. No one at KinderStart, including myself ever received any advance notice from Google about the occurrence, cause or reason for the Website's removal. Thereafter, I noted many key word selections and permutations that no longer would produce the appearance of KS.com in Google DECLARATION OF VICTOR B. GOODMAN FOR PLAINTIFF'S MOTION Case No. C 06-2057 JF -2- Case 5:06-cv-02057-JF Document 16-3 Filed 05/26/2006 Page 3 of 4 Case 5:06-cv-02057-JF Usage Statistics for kinderstart.com - February 2005 28 29 30 1109 1101 1075 Document 16-3e://localhost/05/26/2006odmPageraryof ail%20Downloads/F... Filed Users/victorgo an/Lib 4 /M4 fil 0 . 0 0 % http://64.233.187.104/search 0 . 0 0 % http://216.239.57.104/search 0 . 0 0 % http://216.239.63.104/search Top 20 of 83660 Total Search Strings # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Hits 887 378 338 260 258 193 171 168 162 155 154 147 145 144 141 136 124 121 114 113 0 . 6 2 % child development 0 . 2 7 % toddler recipes 0 . 2 4 % alphabet letters 0 . 1 8 % kindergarten activities 0 . 1 8 % baby photography 0 . 1 4 % infant teething 0 . 1 2 % baby swings 0 . 1 2 % kids games online 0 . 1 1 % educational websites for kids 0 . 1 1 % kinderstart 0 . 1 1 % online kids games 0 . 1 0 % recipes for toddlers 0 . 1 0 % hand painted furniture 0 . 1 0 % learning activities 0 . 1 0 % hack hotmail 0 . 1 0 % food minerals 0 . 0 9 % simple magic tricks 0 . 0 9 % dinosaur crafts 0 . 0 8 % yahoo passwords 0 . 0 8 % email for kids S e a r c h String Top 13 of 13 Total Usernames # 1 2 3 4 5 6 7 8 9 10 Hits 25310 26 19 17 11 3 3 3 2 2 0.06% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Files 25310 26 19 17 11 3 3 3 2 2 0.13% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% KBytes 6554 5 359 269 4 51 53 0 1 31 0.01% 9 0.00% 1 0.00% 1 0.00% 1 0.00% 1 0.00% 1 0.00% 1 0.00% 1 0.00% 1 0.00% 1 Visits Username 0 . 0 0 % cisco 0 . 0 0 % thompsonbe 0 . 0 0 % cmsinkey 0 . 0 0 % Karen 0 . 0 0 % u155239 0 . 0 0 % SEBATHIAN 0 . 0 0 % grossbell 0 . 0 0 % mmcleod1 0 . 0 0 % U183811 0 . 0 0 % linzeh 8 of 10 5/25/06 11:18 PM

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