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

Filing 272

Declaration of Monte M.F. Cooper in Support of 271 MOTION to Compel Defendants Pacific Northwest Software and Winston Williams to COMPLY with 234 Order Granting Motion to Compel Supplemental Interrogatory Responses; filed by Mark Zuckerberg, The Facebook, Inc.. (Attachments: # 1 Exhibit 1 [Part 1], # 2 Exhibit 1[Part 2], # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13)(Related document(s) 271 ) (Sutton, Theresa) (Filed on 1/23/2008) Text Modified on 1/24/2008 (bw, COURT STAFF). Modified text on 4/30/2008 (cv, COURT STAFF).

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

Doc. 272 Att. 8

EXHIBIT 7

Dockets.Justia.com

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

CONNECTU LLC, Plaintiff,
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v.

C.A. No. 04-1923 (DPW)

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MARK ZUCKERBERG, EDUARDO SAVERIN, DUSTIN MOSKOVITZ, ANDREW McCOLLUM, CHRISTOPHER HUGHES and THE FACEBOOK, INC,,

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GERTOff O @ E
Defendants.

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VOLUME 1 VIDEOTAPED DEPOSITION OF CONNECTU LLC BY C m R O N H . WINKLEVOSS Boston, Massachusetts TueSday, August 9, 2005
$ 1 9 4 a . ~ .to 6 r i l p . m -

Reported by: Jessica L. Williamson, RMR, RPR, CRR Notary Public, CSR No. 138795 JOB NO. 36599

Los Angeles, C-4 9 W l

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phone [phone] fax [phone]
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Court Reporters and
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VIDEOTAPED DEPOSITION OF CONNECTU LLC

by CAMERON H. WINKLEVOSS, a witness called
on behalf of the Defendant Mark Zuckerberg, Dustin Moskovitz, Andrew McCollum, Christopher Hughes and The Facebook, Inc,, pursuant to Rule 30 (b)(6) of the Federal Rules of Civil Procedure, before Jessica L. Williamson, Registered Merit Reporter, Certified Realtime Reporter-andNotary Public in and for the Commonwealth of Massachusetts, at the Offices of Proskauer Rose, LLP, One International Place, Boston, Massachusetts, on Tuesday, August 9, 2005, commencing at 9:44 a.m.

APPEARANCES FINNEGAN HENDERSON FARABOW GARRETT & DUNNER

LLP

(By John F. Hornick, Esq.
and Troy E. Grabow, Esq.)
901 New York Avenue, NW

Washington, D-C. 20001-4413
[phone]
[e-mail]

Counsel for the Plaintiff
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SARNOFF COURT REPORTERS A N D LEGAL TECHNQLOGPES 877.955.3855

A P P E A R A N C E S f Continued

ORRICK, HERRINGTON

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SUTCLIFFE LLP

(By I. Nee1 Chatterjee, Esq. and Joshua H, Walker, Esq.) 1000 Marsh Road Menlo Park, California [phone] [e-mail] Counsel for the Defendants Mark Zuckerberg, Dustin Moskovitz, Andrew McCollum, Christopher Hughes and The Facebook, Inc, 94025

aELLER EHRMAN LLP (By Robert B. Hawk, Esq,) 275 Middlefield Road Menlo Park, California [phone] [e-mail] Counsel for the Defendant Eduardo Saverin 94025-3506

ALSO PRESENT:

George Dobrentey, Videographer

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SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES 877.955.3855

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INDEX DEPONENT CAMERON H. WINKLEVOSS Examination By Mr. Chatterjee Examination By Mr. Hawk PAGE

7
244

EXHIBITS NO. 1 Amended Notice of Deposition of Plaintiff and Counterdefendant ConnectU Pursuant to Fed.R.Civ.P, 30 (b)(6) First Amended Complaint E-mail dated May 4, 2004, Bates Nos. COO3165 - 3166 E-mails, Bates Nos. COO4577 4631 Certificate of Registration, Bates Nos. COO4842 - 4845 E-mail string, Bates Nos. COO4792 - 4793 E-mail, Bates No. COO4791 E-mail, Bates No. COO4810 E-mail, Bates No. COO4820 E-mail, Bates No. COO3852 E-mail, Bates No. COO4841 E-mail, Bates No. COO9556 PAGE 44

2

62 71

.

3

4
5

103 152

6 7 8 9 10 11 12

159 162 176 182 188 192 197

SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES 877.955.3855

EXHIBITS NO. PAGE E-mail s t r i n g , B a t e s Nos. C O O 6 9 5 5 - 6959 E-mail w i t h attachment, B a t e s N o s . COO3587 - 3603 E-mail, -3851 B a t e s N o s . COO3850

13

200

14

211

15

242

Note:

Original Exhibits 1

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15 w e r e

retained by t h e court reporter and f o r w a r d e d t o Sarnoff C o u r t R e p o r t i n g f o r d i s t r i b u t i o n .

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SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES 877.955.3855

PROCEEDINGS THE VIDEOGRAPHER: and are now on the record. We are recording Today's date is

August the 9th, 2005, and the time is 9:44 a.m.

My name is George Dobrentey. I'm a
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legal videographer for G Reporters, Ltd.

M Court

Our business address is 42

Chauncy Street, Suite lA, Boston, Massachusetts 02111. This is the deposition of Cameron Winklevoss in the matter of ConnectU vs. Zuckerberg in the United States District Court for the District of Massachusetts, Civil Action No. 04-1923(DPW). This deposition is being taken at One International Place in Boston, Massachusetts, on behalf of the defendant. The court reporter is Jessica WilliamsonCounsel will state their appearances, and the court reporter will administer the oath.

MR. CHATTERJEE:

Nee1 Chatterjee

and Joshua Walker for all of the defendants except for Eduardo Saverin.

MR. WALKER:

Robert Hawk from

Heller Ehrman for Defendant Saverin,
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SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES 877.955.3855

MR.

HORNICK:

John H o r n i c k and T r o y

Grabow f o r the plaintiff, ConnectU.

CAMERON H. WINKLEVOSS,

a w i t n e s s c a l l e d on behalf of t h e D e f e n d a n t s
Mark Zuckerberg, D u s t i n Moskovitz, Andrew McCollum, C h r i s t o p h e r H u g h e s and T h e

Facebook, I n c . , having f i r s t been d u l y
s w o r n , w a s deposed and t e s t i f i e s as f o l l o w s :

D I R E C T EXAMINATION

BY MR.
Q,

CHATTERJEE:

Mr. Winklevoss,

thank you f o r c o m i n g today.

D o you understand t h a t your d e p o s i t i o n today i s y o u ' r e t e s t i f y i n g on behalf of C o n n e c t U LLC?
A.
Q.

Yes. H a v e you ever had your d e p o s i t i o n t a k e n

before?
A.
Q,

No.

I ' m g o i n g t o go over s o m e ground r u l e s w i t h
you, and I ' m j u s t going t o a s k you t o m a k e

s u r e you u n d e r s t a n d t h e m .

Y o u m a y have gone

over t h e m w i t h your c o u n s e l before.

SARNQFF COURT REPORTERS AND LEGAL TECHNOLOGIES 877.955.3855

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-

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And would it be like match-corn? I don't think we looked at match. We looked

at Yahoo Personals, that's one salient one that I can remember outside of Friendster. And what about American Singles? I think that -- I logged onto American Singles probably in post-February 2004, 1 believe. I'm not sure if I looked at it

prior to -- during the time I met with Mr. Zuckerberg.

I don't recall.

So it isn't ConnectU's position that looking at other websites and as guidance on how to develop your website, the information on those other websites isn't anything that you would claim as a trade secret?

MR. HORNICK:

Objection, calls for

contention testimony, but you can answer, Again, those other websites are in the public domain, and they're -- you know, they are what they are. They're there. And I

would not call a public website such as, you know, friendster.com a proprietary thing.
am

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--

yeah.

And, in fact, in developing ConnectU, you assessed Thefacebook to develop your website

SARNOFF COURT REPORTERS AND LEGAL TECHP4OQOGIES 877.955.3855

with these features? A,
Q.

We looked at Thefacebook, yes. And you extracted course information from ConnectU

--

I mean, from Thefacebook? Object to the form of

MR. HOFWICK:

the question and assumes facts not in evidence. A. Yeah, when collecting course information there's basically two

--

you know, it's

public course information that's posted by a registrar from the school, and you can either go to the registrar or you can go, you know

--

and Thefacebook had the courses.

So, yes, we did look at the courses which, again, is public proprietary information, and we collected that, yes.

Q.
A.

How did you collect it? We just would like look at the file in a text editor and just take the course file.

Q.

Did you ever extract e-mails from Thefacebook?

A.

We -- yes, we have extracted e-mails from Thefacebook.

Q-

Isn't it true that you've extracted 2 . 9 to 3 million e-mails from Thefacebook because of

---SARNOFF COURT REPORTERS AND LEGAL TECHNIBLOGKES 877.955.3855

--

a security hole you found?

MR. HORNICK:

Objection.

It's a

misleading question, but you can answer it if you can.

A.

We have extracted e-mails basically just, you know, following

--

an e-mail has a

--

at

that point they had a URL, and you could follow that URL and it's completely authorized

--

it's not unauthorized access,

and you can follow that URL to find an e-mail address, yes, you could.
Q.

And we did.

So did you find a way to extract those e-mails without logging onto Thefacebook?

MR. HORNICK:

Objection,

I think

this is outside the scope.
30 (b)(6) testimony.

It's not

A.

See, again, I don't remember

--

I'm not a

programmer, but it's my understanding that with unauthorized authorized

--

excuse me, with

--

without using unauthorized

access those e-mails were accessible.
Q.

And ConnectU took them?

MR. HORNICK:
the question.

Object to the form of

A.
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What do you mean by take?

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SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES

s77.9ss.Ssss

QA.

Extracted the in£ormation? ConnectU followed an open URL, "open" being that it was accessible with not having to use unauthorized access, it was accessible, out in the open, and ConnectU followed those URLs and was able to collect e-mail addresses.

Q.

And who did that? Winston Williams. Winston Williams did that? do that? And when did he

A.
Q.

A.

I believe he did it in the spring of this
year.

Q,

Were those e-mails ever used by ConnectU? I think we used some of them with the Social Butterfly software,

A.

Q

And how were they used? If a friend used Social Butterfly and wanted to invite their friends, then they could do that with Social Butterfly. And they

A.

--

Q-

So when you did you

--

once you had those e-mails,

--

well, what did you do with them?

A.

We just held them in a holding bin, and if a user said, I would like to invite my friend, well, we would just invite their friends.

------SARNOFF COURT REPORTERS AND LEGAL TECHNOLQGIES 877.9S.3855

And as I said, we only used a portion of 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?

A,
Q.
A.
Q.

That's what I just said, that if a user Let me rephrase that. Okay.

--

Independent of a user request, did you ever send an e-mail to people in that --

A.

With that bucket from the sort of open URL, no, we did not send unsolicited e-mails to those people.

Q.

Has ConnectU obtained any revenue to date? We have obtained some advertising revenue, yeah.

A.

Q.

And how much revenue is that?

MR. HORNICK:

I'll object that this

is outside the scope as well, but you can answer it. A. It's not 30 (b) (6) testimony.

I would say roughly no more than $1,000 of
revenue,

Q.
A.

Okay. We haven't actively sought too much advertising at this moment.

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SARNOFF COURT REPORTERS A N D LEGAL ECHNOLOGIES R77,955,3855

Q.

How many users does it have? I believe we have 66,000 plus, thereabouts. And does it -- does it have any university environments for California universities?

A.
Q.

A.

Yeah, I believe we have California universities, I believe so,

Q,

Can you give me some examples?

A.

UC Berkeley, I think that.

MR. CHATTERJEE:
Exhibit 5.

Let's mark this as

I think we're on Exhibit 5.

(Exhibit No- 5, Certificate of Registration, Bates Nos. COO4842 - 4845, marked for identification.)

Q.

M r , Winklevoss, what's been handed to you as

Exhibit No. 5, do you know what this is? A. Looks like 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

-I'll object that this This is not 30 (b)(6)

MR. HORNICK:
is outside the scope. testimonyQ.

What do you mean, "signover"? Well, I would think that they wrote the code
--

A.

SARNBFF COURT REPORTERS AND LEGAL TECHNOLOGIES 877.955.3855

09/14/2005

19: 53

4084400

FINNEGAN HENDERSON

PAGE

04

I, CAMERON B . WINKZIWOSS, do hereby declare under
penalty of perjury t h a t I have read the foregoing

transcript; that I have made any corrections as appear
n o t e d , in i n k , i n i t i a l e d by ma, or attached hereto; that
m y testimony as contained h e r e i n , as corrected, i s true
and correct.
EXECUTED this

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SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES 877.955.3855

Page
In the United States District Court

403

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For the District of Massachusetts I, Jessica L. ~illiamson, Registered, Merit Reporter, Certified Realtime Reporter and Notary Public in and for the Commonwealth of Massachusetts, do hereby certify that CAMERON H. WIMKLEVOSS, the witness whose deposition is hereinbefore set forth, was duly sworn by me and that such deposition is a true record of the testimonye given by the witness.
I further certify that I am neither

related to or employed by any of the parties

in or counsel to this action, nor am I
financially interested in the outcome of this action.
In witness whereof, I have hereunto set

my hand and seal this 11th day of August,
2005.

Jessica L. Williamson, RMR, RPR, CRR Notary Public, CSR No. 138795
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My commission expires: 12/18/2009

G&M Court Reporters, L t d . 62'7-338-0030