Kinderstart.Com, LLC v. Google, Inc.

Filing 57

Attachment 1
Memorandum in Opposition Anti-SLAPP Motion filed byKinderstart.Com, LLC. (Attachments: # 1 Exhibit Ex 1 - Decl of Randall McCarley# 2 Exhibit Ex 2 - Decl. of Victor Goodman)(Yu, Gregory) (Filed on 10/14/2006)

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Kinderstart.Com, LLC v. Google, Inc. Doc. 57 Att. 1 Case 5:06-cv-02057-JF Document 57-2 Filed 10/14/2006 Page 1 of 3 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 Case No. C 06-2057 JF KINDERSTART.COM LLC, a California limited liability company, on behalf of itself and all others similarly situated, DECLARATION OF RANDALL McCARLEY IN SUPPORT OF Plaintiffs, PLAINTIFF'S OPPOSITION TO MOTION TO STRIKE UNDER v. CCP 425.16 GOOGLE, INC., a Delaware corporation, Defendant. I, RANDALL McCARLEY, HEREBY DECLARE AS FOLLOWS: 1. 2. I am sole proprietor of a firm called 14th Colony based in Sacramento, California. For the past 10 years, I have worked with numerous clients and their Websites to determine if their sites are designed in a way and manner to make them appealing, user-friendly, and accessible through a search engine. 3. I regularly consult the blog of a chief engineer employed at Google, named Matt Cutts. On information and belief, he is a principal person vested with the responsibility of imposing penalization on Websites that Google removes from its index. 4. Google posts Webmaster guidelines for site design and development, at http://www.google.com/support/webmasters/. These guidelines are difficult to follow and DECLARATION OF RANDALL McCARLEY IN SUPPORT OF PLAINTIFFS' OPPOSITION TO MOTION TO STRIKE UNDER CCP 425.16 -1- Case No. C 06-2057 JF Dockets.Justia.com Case 5:06-cv-02057-JF Document 57-2 Filed 10/14/2006 Page 2 of 3 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 subject to very, very wide swings of interpretation by Google, Webmasters, and the public at large. I have attempted to obtain clarification of them in the past from Google, but without success. Even if I were to fully comply with the guidelines for a particular site, I have absolutely no assurance from Google, that my site or my clients' sites can prevent getting de-indexed or eventually being removed temporarily or permanently from Google's index. Nor do I ever get electronic, written, verbal or any other type of notice or confirmation that the compliance with the Webmaster guidelines is complete and proper, or deficient in any respect. 5. I have learned from reading blogs and participating in forums that a host Website with a discussion forum where a visitor adds inappropriate outbound links to other websites may programmatically damage the ranking or value of the host site for purposes of search engine results or on the search engine of Google. 6. I have reviewed a portion of the history of www.kinderstart.com. In the past, a forum was opened at this site to allow visitors to post comments and information. Apparently, a small group among many participants in the forum over a period of time made posts that were inappropriate given the mission and theme of this parents' and children's site. I have determined that any and all of these links have been removed by the Webmaster of www.kinderstart.com. After that time, once these links were removed, that was no longer a possible reason that this site would be considered objectionable, inappropriate and unsuitable based on the published Webmaster guidelines appearing at www.google.com. 7. It is technically possible for an outside third party to visit a Website's forum and post content or links without the site's approval. Google can and does independently punish sites as these for allowing an undesirable link to appear on such sites. To my knowledge, Google does not list for Websites what links will cause punishment or when and what punishment will happen. 8. I have become aware that the PageRank of www.kinderstart.com changed from `7' to `0' on or about July 13, 2006 in a single day. Based on my experience and to the best of my knowledge, this would be impossible to occur within the normal operation of the algorithm used by Google to compute PageRank. The only possible causes I am aware of would be (1) a direct, DECLARATION OF RANDALL McCARLEY IN SUPPORT OF PLAINTIFFS' OPPOSITION TO MOTION TO STRIKE UNDER CCP 425.16 -2- Case No. C 06-2057 JF Case 5:06-cv-02057-JF Document 57-2 Filed 10/14/2006 Page 3 of 3

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