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. 37 01 : 1 9 : 3 1 1:19 :32 01:19:36 01:19 :41 01:19:44 01:19 :46 01 :19:50 01:19 :50 01 :19:51 01:19 :52 01:19 :55 01:19 :56 01:19 :58 _: 1 9 : 5 8 01:20:01 01:20:06 01 :20 :06 01:20 :07 01 :20 :11 01 :20 :14 01:20 :16 01 :20 :20 01 :20 :22 01:20 :29 01 :20:31 1 2 3 Q. A. Extracted the information? C o n n e c t u f o l l o w e d a n o p e n URL, " o p e n " b e i n g t h a t i t was accessible with not having to use unauthorized access , i t was accessible, out in the open , and ConnectU followed those URLs a n d w a s a b l e t o c o l l e c t e - m a i l addresses. 4 5 6 7 8 9 Q. A. Q. And who d i d t h a t ? Winston Williams . Winston Williams did that? do that? And when did he 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I believe he did i t in the spring of this year . Q. A. Were those e-mails ever used by ConnectU? I t h i n k we u s e d s o m e o f t h e m w i t h t h e S o c i a l Butterfly software. Q. A. And how were they used? I f a friend used Social Butterfly and wanted to invite their friends, then they could do And they - - that with Social Butterfly . Q. So when you - - once you had those e-mails, did you - - well, what did you do with them? A. We j u s t h e l d t h e m i n a h o l d i n g b i n , a n d i f a u s e r s a i d , I w o u l d l i k e t o i n v i te my f r i e n d , w e l l , we w o u l d j u s t i n v i t e t h e i r f r i e n d s . 150 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 01:20:34 .... : 2 0 : 3 6 01:20:39 . 01:20:40 01:20:42 01:20:47 01:20 :51 01:20:52 01 :20:53 01:20:55 01:20:59 01 :21 :04 01:21:06 L: 2 1 : 0 6 01 :21:10 01:21:13 01:21:13 01:21:17 01:21:18 01:21:20 01:21:22 01:21:30 01 :21:30 01:21 :30 01 :21:33 1 2 3 4 A n d a s I s a i d , we o n l y u s e d a p o r t i o n o f them, because only a portion of the users invited their friends. Q. Did you ever send e-mails to people based upon those e-mails, that e-mail database? 5 6 A. That's what I just said, that if a user -- 7 8 9 Q. A. L e t me r e p h r a s e t h a t . Okay. Independent of a user request, did you ever send an e-mail to people in that - - Q. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. With t h a t b u c k e t from t h e s o r t o f open URL, no, we d i d n o t send u n s o l i c i t e d e - m a i l s t o those people. Q. A. Has ConnectU obtained any revenue to date? We h a v e o b t a i n e d s o m e a d v e r t i s i n g r e v e n u e , yeah. Q. And how much revenue i s t h a t ? MR. HORNICK: I ' l l object that this i s outside the scope as well, but you can answer i t . I t ' s not 30(b) (6) testimony . I would say roughly no more than $1,000 of revenue. Q. A. Okay. We h a v e n ' t a c t i v e l y s o u g h t t o o m u c h advertising a t t h i s moment. 15 1 SARNOFF COURT REPOR1ERS A N D L E G A L T E C H N O L O G I E S 8 7 7, 9 5 5 , 3 8 5 5 01:21:34 1:21:36 01:21:40 01:21:50 01:21:54 01:21:57 01:22:01 01:22:04 01:22:07 01:22:08 01:22:10 01 :22:10 01:22:40 1:22:40 01:22:42 01:22:48 01:22:57 01:23:05 01:23:08 01:23:11 01:23:12 01:23:14 01:23:17 01:23:18 01:23:20 1 Q. A. How m a n y u s e r s d o e s i t h a v e ? I b e l i e v e we have 66,000 p l u s , t h e r e a b o u t s . And does i t - - does i t have any u n i v e r s i t y environments for California universities? 2 3 4 Q. 5 A. Y e a h , I b e l i e v e we h a v e C a l i f o r n i a universities, I believe so. 6 7 Q. A. C a n y o u g i v e me s o m e e x a m p l e s ? UC B e r k e l e y , I t h i n k t h a t . MR. C H A T T E R J E E : Exhibit 5. Let's mark t h i s as 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I think we're on Exhibit 5. (Exhibit No.5, Certificate of Registration, Bates Nos. C004842 marked for identification.) 4845, Q. Mr. Winklevoss, what's been handed to you as E x h i b i t N o . 5 , do you know what t h i s i s ? Looks l i k e a copyright signover from Joseph Jackson to ConnectU and one from, I believe, yeah, looks like a copyright signover from Victor Gao, Sanjay, yeah. Q. What do you MR. HORNICK: is outside the scope. testimony. I ' l l object that this This i s not 30(b) (6) Q. A. What do you mean, lI s i g nov e r ll ? Well, I would think that they wrote the code 152 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 B9/14/20B5 19:53 408440B FINNEGAN HENDERSON PAGE B4 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 I , CAMERON a. WINKLEVOSS, d o h e r e b y d e c l a r e u n d e r penalty of perjury that I have read the foregoing t r a n s c r i p t : t h a t I have made any corrections as appear noted, in ink, i n i t i a l e d by me, or attached hereto; t h a t my test~ony as contained herein, as corrected, is true and correct. EXECUTED t h i s 20 0 day of (City) (State) q- I at v 17 IS 19 20 .s:. j1f~_ . CAMERON H. WINKLEVOSS 21 22 23 24 25 S A R N O f F C O U R T REJ:JORTERS A N D LEGAL T E C H N O L O G I E S 877.955.1855

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