The Facebook, Inc. v. Connectu, LLC et al

Filing 252

Declaration of Monte M.F. Cooper in Support of Plaintiff's Motion for Partial Summary Judgment re Defendants' Liability Pursuant to California Penal Code Section 502(C) and 15 U.S.C. 7704(A)(1) and 15 U.S.C. 7704(B)(1) 251 filed by Mark Zuckerberg, The Facebook, Inc.. (Attachments: # 1 Exhibit 1 - Notice, # 2 Exhibit 1A, # 3 Exhibit 2 - Notice, # 4 Exhibit 3, # 5 Exhibit 4 - Notice, # 6 Exhibit 5, # 7 Exhibit 6 and 7 - Notice, # 8 Exhibit 8, # 9 Exhibit 9.1, # 10 Exhibit 9.2, # 11 Exhibit 9.3, # 12 Exhibit 9.4, # 13 Exhibit 9.5, # 14 Exhibit 9.6, # 15 Exhibit 9.7, # 16 Exhibit 10, 11, and 12 - Notice, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24, # 29 Exhibit 25, # 30 Exhibit 26, # 31 Exhibit 27, # 32 Exhibit 28-31 - Notice, # 33 Exhibit 31A, # 34 Exhibit 32-34 Notice, # 35 Exhibit 35.1, # 36 Exhibit 35.2, # 37 Exhibit 35.3, # 38 Exhibit 36-38 Notice, # 39 Exhibit 40-43 Notice, # 40 Exhibit 44, # 41 Exhibit 45-48 Notice, # 42 Exhibit 49, # 43 Exhibit 50-55 Notice, # 44 Exhibit 56, # 45 Exhibit 57-59 Notice, # 46 Exhibit 60, # 47 Exhibit 61 Notice, # 48 Exhibit 62, # 49 Exhibit 63-64 Notice, # 50 Exhibit 65, # 51 Exhibit 66)(Related document(s) 251 ) (Chatterjee, I.) (Filed on 1/7/2008) Text modified on 1/8/2008 (bw, COURT STAFF).

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The Facebook, Inc. v. Connectu, LLC et al Doc. 252 Att. 36 10:10:18 ):10:21 10:10:22 10:10:22 10:10:24 10:10:25 10:10:34 10:10:36 10:10:39 10:10:42 10:10:44 10 :10:47 10 :10 :49 ):10:50 10:10:53 10:10:53 10:10:54 10:10:54 10:10:55 10:10 :58 10:11:00 10:11:01 10:11:02 10:11:02 10:11:03 1 2 A. I t ' s actually -- l e t ' s think about that for a second. MR. HORNICK: Objection to the 3 4 extent that i t calls for a legal conclusion, but you can try to answer . A. Yeah, well, Wayne Chang p u t the majority o f time and e f f o r t i n t o i t , and we a c t u a l l y haven't discussed the ownership of that. has a l l the code, I believe . We h a v e n o t He 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 really discussed ownership of the project, so I c a n ' t say r i g h t now. Q. A. Is there a dispute between No, i t ' s j u s t - - - Connectu - - I ' m s o r r y , l e t me f i n i s h t h e question . Let's try -- Q. A. Q. A. Q. Sorry. -- not to speak -Yeah. - - over each other. Mr. Hornick and I haven't done a very good job in not speaking over each other, and I'm going to try and do better on that, but also, i f you and I don't speak over each other - - A. Q. Sure. - - i t ' l l make f o r a c l e a r e r record. 32 S A R N O F F COURT REPORTERS A N D L E G A L T E C H N O L O G I E S 877.955.3855 Dockets.Justia.com 01:16:07 ... : 1 6 : 1 0 01:16:14 01:16:18 01:16:19 01:16:22 01:16:26 01:16:28 01:16:30 01:16:32 01:16:34 01:16:46 01:16:49 ~:16:52 1 2 Q. A. And would i t be l i k e match. com? I d o n ' t t h i n k we looked a t match. We l o o k e d 3 4 a t Yahoo Personals, t h a t ' s one s a l i e n t one t h a t I can remember outside of Friendster. 5 6 Q. A. And what about American Singles? I think that - - I logged onto American Singles probably in post-February 2004, I believe. prior to Zuckerberg . I'm not sure i f I looked at i t during the time I met with Mr. I don't recall. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. So i t i s n ' t ConnectU's p o s i t i o n t h a t looking a t o t h e r websites and as guidance on how t o develop your website, the information on those other websites i s n ' t anything t h a t you would claim as a trade secret? MR. HORNICK: Objection, calls for 01:16:55 01:16:57 01 :16 :59 01:17:01 01:17:03 01:17:06 01:17:10 01:17:12 01:17 :16 01 :17:18 01:17:20 contention testimony, but you can answer. A. Again, those other websites are in the public domain, and t h e y ' r e - - you know, they are what they are . They're there. And I would not c a l l a public website such as, you know, friendster.com a proprietary thing. am - - y e a h . I Q. And, i n f a c t , in developing ConnectU, you assessed Thefacebook to develop your website ~ = = = = = =- = = = = = = = = = = = =,= - = -:::: : =_:::._.- = = = = = = : : : ! . I : 147 S A R N O F F C O U R T REPORTERS A N D L E G A L T EC H b'J O l O GI ES 877.955.3855 01:17:25 1:17:25 01:17:28 01:17:32 01:17:34 01:17:35 01:17:36 01:17:36 01:17 :40 01:17:43 01 :17:45 01:17:47 01:17:49 1: 17: 51 1 with these features? A. We l o o k e d a t T h e f a c e b o o k , y e s . And you e x t r a c t e d course information from ConnectU - - I mean, from Thefacebook? MR. HORNICK: Object to the form of 2 3 4 Q. 5 6 7 8 the question and assumes facts not in evidence. A. Yeah, when c o l l e c t i n g course information t h e r e ' s b a s i c a l l y two - - you know, i t ' s public course information that's posted by a registrar from the school, and you can e i t h e r go to the r e g i s t r a r or you can go, you know and Thefacebook had the courses. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. So, y e s , we d i d look a t t h e courses which, again, is public proprietary information, a n d we c o l l e c t e d t h a t , y e s . 01:17:55 01:17:59 01:18:01 01:18:02 01:18:07 01:18:10 01:18:12 01:18:13 01:18:17 01:18:18 01:18:21 Q. A. How d i d y o u c o l l e c t i t ? We j u s t w o u l d l i k e l o o k a t t h e f i l e i n a text editor and just take the course f i l e . Q. Did you ever extract e-mails from Thefacebook? We - - y e s , we h a v e e x t r a c t e d e - m a i l s f r o m Thefacebook. Q. Isn't i t true that you've extracted 2.9 to 3 million e-mails from Thefacebook because of 148 S A R N O F F C O U R T REPORTERS A N D L E G A L T E C H N O L O G I E S 877.955.3855 01:18:24 1:18 :25 01:18:27 01:18:29 01:18:30 01 :18 :38 01:18:45 01:18:46 01:18:49 01:18:52 01:18:55 01:18:57 01:19:01 L:19 :06 01:19 :07 , 01 :19:09 01:19:12 01:19:15 01:19:19 01:19:21 01 :19:24 01:19:25 01:19:28 01:19:29 01:19:29 1 2 a security hole you found? MR. HORNICK: Objection. It's a 3 4 5 misleading question, but you can answer i t i f you can. A. We h a v e e x t r a c t e d e - m a i l s b a s i c a l l y j u s t , you know, following - - an e-mail has a - - a t t h a t p o i n t t h e y h a d a URL, a n d y o u c o u l d f o l l o w t h a t URL a n d i t ' s c o m p l e t e l y authorized -- i t ' s not unauthorized access, a n d y o u c a n f o l l o w t h a t URL t o f i n d a n e-mail address, yes, you could. And we d i d . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. So did you find a way to e x t r a c t those e-mails without logging onto Thefacebook? MR . HORNICK: Objection . I think this is outside the scope. 30(b) (6) A. testimony. It's not See, again, I d o n ' t remember - - I'm not a p r o g r a m m e r , b u t i t ' s my u n d e r s t a n d i n g t h a t with unauthorized - - excuse me, with authorized -- without using unauthorized access those e-mails were accessible. Q. And ConnectU took them? MR. HORNICK: the question. Object to the form of A. What do you mean by take? 149 S A R N O f F C O U R T REPORTERS A N D L E G A L T E C H N O L O G I E S 877.955.3855

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