IO Group, Inc. v. Veoh Networks, Inc.

Filing 35

Declaration of Gill Sperlein in Support of 34 Reply to Opposition Plaintiff's Administrative Motion to Consider Whether Cases Should Be Related filed byIO Group, Inc.. (Attachments: # 1 Exhibit A.# 2 Exhibit B.# 3 Exhibit C.# 4 Exhibit D.)(Related document(s) 34 ) (Sperlein, Dennis) (Filed on 10/20/2006)

IO Group, Inc. v. Veoh Networks, Inc.

Doc. 35

Case 5:06-cv-03926-HRL

Document 35

Filed 10/20/2006

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GILL SPERLEIN (172887) THE LAW FIRM OF GILL SPERLEIN 584 Castro Street, Suite 849 San Francisco, California 94114 Telephone: [phone] X32 Facsimile: [phone] [e-mail] Attorney for Plaintiff IO GROUP, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IO GROUP, INC. v. VEOH NETWORKS, a California corporation IO GROUP, INC. v. DATA CONVERSIONS, INC. , a South Carolina corporation d/b/a AEBN and pornotube.com IO GROUP, INC. v. WEBNOVAS TECHNOLOGIES, INC., a Canadian business entity type unknown, and GONETMARKET, INC., a Nevada Corporation

CASE NO. C-06-3926 (HRL) CASE NO. C-06-5162 (HRL)

CASE NO. C-06-5334 (JSW) DECLARATION OF GILL SPERLEIN IN SUPPORT OF PLAINTIFF IO GROUP, INC.'S REPLY TO VEOH NETWORK INC.'S OPPOSITION TO PLAINTIFF'S ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED

I, GILL SPERLEIN, declare: 1. I am an attorney at law licensed to practice in the State of California and attorney of

record for Plaintiff Io Group, Inc. 2. I reviewed the website veoh.com prior to filing the complaint in this matter. At that

time the website contained the following language: "Before any video is made available for viewing, it will go through a number of quality steps. After completing the publishing process, the

-1SPERLEIN DECLARATION C-06-3926 (HRL), C-06-5162 (HRL), and C-06-5334 (JSW)

Dockets.Justia.com

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video will move to the Veoh review process. This process is managed by Veoh to ensure the video complies with the Terms of Use, as well as the accuracy and appropriateness of the descriptive information." This language appears in the highlighted section of otherwise true and accurate printouts of various pages from veoh.com which I have attached hereto as Exhibit A. 3. I reviewed veoh.com on October 20, 2006 and the above-quoted language no

longer appears in the "Publishing Videos" section of the Frequently Asked Questions. I printed time-date-stamped pages from the site and attached true and complete copies of those pages hereto as Exhibit B. 4. I reviewed veoh.com on October 20, 2006. In the frequently Asked Questions

section of the site I observed that the site contained the following language: "10. Can I charge for my video? Not yet, in the near future Veoh will be allowing publishers to offer content on a pay-per-view, pay-to-own or subscription basis. If you are interested in offering content on a paid basis, please contact us." I printed time-date-stamped pages from the site and attached true and complete copies of those pages hereto as Exhibit C. 5. I have viewed and listened to numerous interviews with Veoh Networks' CEO

Dmetri Shapiro in which he states that Veoh intends to use advertising or charge pay-per-view fees, the revenue from which will be shared between Veoh and publishers. As an example, I printed one such article (which the Veoh site links to) and have attached it hereto as Exhibit D. 6. I have reviewed the websites veoh.com, xtube.com and pornotube.com. All three

sites organize videos by channels (although pornotube.com refers to the groups as categories rather than channels), organizes videos by those which their viewers rate as favorites, group videos by the most recently published videos, as well as the most viewed videos, and allow users to search for videos by keywords in the user inputted description fields.

-2SPERLEIN DECLARATION C-06-3926 (HRL), C-06-5162 (HRL), and C-06-5334 (JSW)

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7.

Each of the sites allows users to submit videos which the website operators

reformat and then broadcast. 8. 9. Each of the operators transforms the files into Flash format. Each of the operators broadcasts at least a portion of the material directly from its

web servers so that anyone with a computer and a high-speed Internet connection can view those portions of the videos. Pursuant to the laws of the United States, I declare under penalty of perjury the foregoing is true and correct.

Dated: October 20, 2006

Respectfully submitted, /s/ Gill Sperlein GILL SPERLEIN, Attorney for Plaintiff

-3SPERLEIN DECLARATION C-06-3926 (HRL), C-06-5162 (HRL), and C-06-5334 (JSW)

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CERTIFICATE OF SERVICE

I am over 18 years of age, am employed in the county of San Francisco, at 69 Converse Street, San Francisco, California, 94103. I am readily familiar with the practice of this office for collection and processing of correspondence for mailing with United Parcel Service and correspondence is deposited with United Parcel Service that same day in the ordinary course of business. Today I served the attached: · · PLAINTIFF IO GROUP, INC.'S REPLY TO VEOH NETWORK INC.'S OPPOSITION TO PLAINTIFF'S ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED DECLARATION OF GILL SPERLEIN IN SUPPORT OF PLAINTIFF IO GROUP, INC.'S REPLY TO VEOH NETWORK INC.'S OPPOSITION TO PLAINTIFF'S ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED

by causing a true and correct copy of the above to be placed with United Parcel Service at San Francisco, California in sealed envelopes with postage prepaid, addressed as follows: Richard F. Cauley Wang, Hartman & Gibbs, P.C. 1301 Dove Street, Suite 1050 Newport Beach, CA 92660 And via e-mail to [e-mail] Lance Blundell, General Counsel Data Conversion, Inc. D/B/A AEBN 5300 Old Pineville Road, Suite 152 Charlotte, NC 28217 And via e-mail to [e-mail] I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on October 20, 2006. /s/Eric Burford Eric Burford

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I hereby attest that this is the declaration of Eric Burford and the original with Eric Burford's holographic signature is on file for production for the Court if so ordered, or for inspection upon request by any party. Pursuant to the laws of the United States, I declare under penalty of perjury the foregoing is true and correct.

Dated: October 20, 2006

/s/ Gill Sperlein___________ GILL SPERLEIN, Counsel for Plaintiff Io Group, Inc.

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