The Facebook, Inc. v. Connectu, Inc et al
Declaration of Cameron Winklevoss In Support of Defendants ConnectU LLC, Pacific Northwest Software, Inc., Winston Williams and Wayne Chang's Opposition to Plaintiffs' Motion for Partial Summary Judgment ( 292 ) filed by Wayne Chang, ConnectU, LLC, Pacific Northwest Software, Inc., Winston Williams. (Mosko, Scott) (Filed on 2/6/2008) Linkage added on 2/7/2008 (bw, COURT STAFF).
The Facebook, Inc. v. Connectu, LLC et al
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Scott R. Mosko (State Bar No. 106070) scott.mosko@finnegan. corn FINNEGAN, HENDERSON, FARABOW. GARREfl & DUNNER, LLP. Stanford Research Park 3300 Hiliview Avenue Palo Alto, California 94304 Telephone: (650) 849-6600 Facsimile: (650) 849-6666 Attorneys for Defendants ConnectU LLC, Pacific Northwest Sofiware, Inc., Winston Williams, and Wayne Chang
UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 Defendants. 18 19 20 21 v. CONNECTU LLC, (now known as CONNECTU INC.), ET AL. FACEBOOK, INC. and MARK ZUCKERBERG, Plaintiffs, CASE NO. C 07-01389 RS DECLARATION OF CAMERON WINKLE VOSS IN SUPPORT OF DEFENDANTS CONNECTU LLC, PACIFIC NORTHWEST SOFTWARE, INC., WINSTON WILLIAMS, AND WAYNE CHANG'S OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT
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Doc. No, 1530268v2 DECLARATION OF CAMERON WINKLEVOSS CASE NO. C 07-01389 RS
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I, CAMERON WINKLE VOSS, declare as follows: I have personal knowledge of the facts stated herein and if c alled as a witness, could and would competently testify thereto. 2. In early 2004, ComiectU used the login information an d passwords of Facebook The Faceboolc members voluntarily provided their login inform ation and passwords 1.
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members to log into the Facebook website. 3. to ConnectU. In every instance when ConnectU manually accessed the Faceboo k website and a Facebook member's faceboolc.com account, ConnectU had that mem ber's explicit permission to: 1) use the member's login name and password; and 2) access the m ember's account. When using a friend's facebook.com login information, Conne ctU entered only the portions of the Facebook website that would have been available to that member had he or she personally logged in ConnectU never attempted to view or otherwise access any information on the Facebook website that was not available to either the Facebook mem ber whose login information was being used, or to the public at large. Connectll sent invitation emails to join connectu.com to other stu dents at the Facebook members' schools. These invitation email5 were sent only to ".edu"--email addresses with domain names owned and operated by educational institutions, (e.g., [firstname.lastname@example.org ). All email invitations were sent outside of, and completely independent of, the facebook.corn website. None of the invitation emails were sent to faceboo k.com email addresses, (e.g., [narrie)@facebook.com), to facebook.com servers, or to facebook.co m members' inboxes on the facebc>ok.com website. 9. When ConnectU was given permission by a Facebook member to send invit ation 8. 7. 6. 5. 4.
emails to students at the member's school, all of the emails included the name of the Facebook member in the header information. If, after receiving an invitation email, the Facebook member replied to the email, an email would be sent directly to ConnectU.
DECLARATION OF CAMERON WINKLE VO5S
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All invitation emails also contained an accessible hyperlinic to ConnectU's website,
(i.e., http://www.connectu.com). 12. Once a person became a connectu .com member, if that person was also a member of
facebook.com, ConnectU developed a process that would access the member's Facebook account at the request of the member. This process is commonly referred to as Social Butterfly/Importer.
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Social Butterfly/Importer allowed connectu,com members to import their
facebook,com profiles into connectu.corn. 14. During the end of 2004 and the beginning of 2005, ConnectU accessed the accounts
of Facebook members via Social Butterfly only if the member voluntarily entered his user login and password. ConnectU never accessed a Faceboolc member's account without the permission of the Facebook member.
Using Social Butterfly/Importer, ConnectU sent invitation emails to a Facebook
member's friends only at the request of the Facebook member. ConnectU never sent invitation emails to a Facebook member's friends without permission of the Facebook member. Again, these invitations were sent outside of, and independent of, the facebook.com website and facebook.com servers. 16. When ConnectU sent invitation emails to friends of a Facebook member at the
request of the member, all of the emails included the name of the Facebook member in the header information. 17. At some point, ConnectU employed publically accessible URLs which provided
email addresses of Facebook members. These URLs were available to the general public and did not require special privileges or authentication to access. Anyone with an Internet connection and a web browser coild view the email addresses by using these URLs.
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DECLARATION OF CAMEkON WINKLEVOSS CASE NO C07-01389Rs
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1 had no knowledge that Plaintiffs alleged that any of the conduct listed above was in
violation of the CAN-SPAM Act, 15 U.S.C. § 7701, et seq., until Plaintiffs filed this lawsuit.
1 declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. This declaration is executed on the
th day of February, 2008.
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Doc. No. 1530265v2
DECLARATION OF CAMERON WINKLEVOSS CASE NO. C 07-01389 R5
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