Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al

Filing 270

Declaration of James A. Lowe in Support of 269 MOTION to Dismiss DEFENDANTS' MOTION TO DISMISS PURSUANT TO RULE 50 AND ALTERNATIVELY FOR NEW TRIAL OR OTHER RELIEF PURSUANT TO RULE 59 filed byAkanoc Solutions, Inc., Steven Chen, Managed Solutions Group, Inc.. (Attachments: # 1 Exhibit 74 to Lowe Decl, # 2 Exhibit 449 to Lowe Decl, # 3 Exhibit 450 to Lowe Decl, # 4 Exhibit 1559 to Lowe Decl, # 5 Exhibit 1598 to Lowe Decl, # 6 Exhibit 1613 to Lowe Decl, # 7 Exhibit 1620 to Lowe Decl, # 8 Exhibit 1621 to Lowe Decl, # 9 Exhibit 1622 to Lowe Decl, # 10 Exhibit 1623 to Lowe Decl, # 11 Exhibit 1624 to Lowe Decl)(Related document(s) 269 ) (Lowe, James) (Filed on 1/19/2010)

Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al

Doc. 270 Att. 8

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EXHIBIT 1622
Dockets.Justia.com

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Case5:07-cv-03952-JW Document270-9 1 2 ALSO PRESENT: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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A P P E A R A N C E S: (CONT' D) LAW OFFICES O F J . ANDREW COOMBS B Y: RUTH ADLER, PARALEGAL 5 1 7 E. WILSON AVENUE SUITE 202 GLENDALE, CALIFORNIA 91206 LVMH FASHION GROUP B Y: NIKOLAY LIVADKIN 2 R U E D U PONT -NEUF 75001 P A R I S, FRANCE AKANOC SOLUTIONS , I N C. B Y: STEVE CHEN, PRESIDENT 45535 NORTH PORT LOOP EAST FREMONT , CALIFORNIA 94538

2

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Case5:07-cv-03952-JW Document270-9 1 2 3 4 5 6 MICHAEL WILSON 7 8 9 ROBERT HOLMES

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INDEX OF PROCEEDINGS

D I R E C T EXAMINATION P. 11 C R O S S-EXAMINATION P . 3 8 REDIRECT EXAMINATION P . 8 4

D E P O S I T I O N R E A D O F S T E V E N C H E N P. 87 D I R E C T EXAMINATION P. 167 C R O S S-EXAMINATION P . 1 9 6 REDIRECT EXAMINATION P . 253 RECROSS -EXAMINATION P. 2 5 9 INDEX OF EXHIBITS

10 I D E N T. 11 12 13 14 15 16 17 18 19 97 .2, 1 0 9 4 9 1 20 21 22 23 24 25 3 35 94 , 9 5.3 , 9 5.4 , 9 5.5 , 9 8.3 , 9 9.3 , 99 .4, 99 .5, 1 6 9, 160 , 1 6 0. 1, 160 .2, 1 6 1, 162 .1, 1 6 2.2 , 1 6 3, 1 6 4, 164 .1, 6 1 4.2 , 1 6 5, 1 6 6, 166 .1, 1 6 6.2 , 2 1 2, 2 1 3.2 , 2 1 3. 3, 213 .4, 2 8 6, 287 , 2 8 7. 1, 2 8 7.2 , 3 5 3, 3 5 3.1 , 3 5 3. 2, 356 , 3 5 7, 3 5 7.1 , 3 6 0, 3 6 1, 361 .1, 3 6 1.2 , 4 0 2, 4 0 3, 403 .1, 4 0 3.2 , 4 0 4, 4 0 5, 405 .1, 4 0 5.2 , 4 0 6, 4 0 6.1 A N D 4 0 6. 2 FOR THE PLAINTIFF : 65 , 8 1, 116 , 1 2 8, 1 4 1, 173 , 1 8 5, 1 9 5, 210 , 5 8 4, 5 8 6, 588 & 590 25 EVIDENCE

31

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Case5:07-cv-03952-JW Document270-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS . WANG : Q A Q A T H E C L E R K O F C O U R T. THE WITNESS: T H E CLERK: Y E S.

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P L E A S E BE SEATED .

WOULD YOU

P L E A S E S T A T E YOUR NAME AND SPELL YOUR LAST NAME F O R THE RECORD. THE WITNESS: H- O-L -M- E-S . T H E COURT: Y O U MAY INQUIRE. ROBERT HOLMES.

DIRECT EXAMINATION

MR. H O L M E S, ARE Y O U CURRENTLY EMPLOYED? YES . BY WHOM? BY MYSELF . I'M A SELF-E M P L O Y E D PRIVATE

INVESTIGATOR. Q IS THIS T H E FIRST TIME THAT Y O U HAVE EVER

TESTIFIED I N F R O N T O F A JURY? A Q YES . IS THIS T H E FIRST TIME THAT Y O U HAVE EVER

TESTIFIED I N C O U R T? A Q YES . AND Y O U'R E HERE BECAUSE YOU WERE SERVED A

SUBPOENA ? A Q YES . WHAT A R E YOU A N D YOUR COMPANY IN THE BUSINESS 11

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Case5:07-cv-03952-JW Document270-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A $6 00. Q A Q A PER B U Y? YES , F O R THE SERVICE.

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ROUGHLY W E C H A R G E ANYWHERE BETWEEN $ 150 TO

FOR SORT OF THE L I TP A K THAT Y O U PROVIDE THEM? YES . FOR T H E L I T P A K PER SE . IF WE WERE JUST

ASSIGNED TO CONDUCT A P U R C H A S E, WE WOULD CHARGE ABOUT $2 50, THAT WOULD BE OUR FEES PLUS E X P E N S E S. Q NOW , I S N' T I T TRUE THAT OF ALL OF T H E S I T E S

THAT YOU TESTIFY FOR ABOUT M A K I N G BUYS F O R Y O U, THAT YOU DIDN' T - - L E T ME REPHRASE THIS. A S T O EACH OF T H E S I T E S THAT Y O U D I D BUYS F O R L O U I S VUITTON , D I D THEY D I R E C T YOU TO ORDER MERCHANDISE TO BE DELIVERED T O Y O U IN THE U N I T E D STATES? A Q THAT I S W H E R E I 'M LOCATED. DID LOUIS VUITTON DIRECT Y O U T O HAVE

MERCHANDISE DELIVERED T O Y O U IN THE U N I T E D S T A T E S? A THEY N E V E R SPECIFICALLY ASKED ME TO DELIVER I T

INTO THE U N I T E D S T A T E S. Q DID Y O U EVER TALK TO THEM A B O U T W H E R E I T W A S

GOING TO BE DELIVERED? A Q A I D O N' T R E C A L L SO. WHY W A S I T DELIVERED INTO T H E UNITED S T A T E S? BECAUSE THAT 'S WHERE I'M LOCATED. 41

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AND Y O U WERE DOING THIS AS PART O F YOUR WORK

FOR LOUIS VUITTON ? A Q YES . OKAY. Y O U DIDN 'T -- THEY DIDN 'T ASK Y O U T O

HAVE IT DELIVERED TO F R A N C E, FOR EXAMPLE? A Q THEY DIDN 'T ASK ME TO DO THAT. IN FACT, THEY A S K E D Y O U TO HAVE I T DELIVERED

TO SOMEPLACE HERE A N D THEN Y O U SENT IT O F F T O L O U I S VUITTON? A Q YES , S I R. EVERY PURCHASE YOU MADE WAS WITH THE EXPRESS

AUTHORIZATION OF LOUIS VUITTON; IS THAT CORRECT ? A Q A Q IN THIS CASE ? YES . YES , S I R. HOW D I D Y O U PAY F O R T H E PURCHASES THAT YOU

MADE IN THESE CASES FOR LOUIS VUITTON? A I W O U L D HAVE TO LOOK AT EACH O F T H E S E T O

RECOLLECT, BUT I WOULD SAY ON A REGULAR B A S I S WHEN THESE W E B S I T E S, FOR EXAMPLE, THIS TYPE O F W E B SITE WE WOULD TYPICALLY P A Y BY WESTERN U N I O N O R C R E D I T CARD. Q A WELL, WHY DO Y O U P A Y BY WESTERN U N I O N? BECAUSE W E F O L L O W THE INSTRUCTIONS O N T H E

SUBJECT' S W E B SITE. 42

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SO THE W E B SITE SAYS YOU HAVE TO USE WESTERN

UNION ? A IT WILL TYPICALLY SAY H O W T O P A Y. I T WILL

SUGGEST HOW TO P A Y A N D WE WOULD USE -- MORE THAN N O T W E W O U L D U S E THE SIMPLEST A N D EASIEST W A Y T O P A Y. Q WELL, TYPICALLY IF Y O U B U Y SOMETHING ON -LINE,

D O N'T Y O U JUST ENTER A CREDIT CARD NUMBER A N D THAT GETS PROCESSED BY T H E S E L L E R AND THEY SHIP Y O U THE MERCHANDISE ? A Q IF THAT PROCESS IS AVAILABLE, YES . BUT THAT PROCESS WASN 'T AVAILABLE F O R A N Y OF

T H E I T E M S Y O U PURCHASED IN THIS CASE F O R LOUIS VUITTON, W A S I T? A Q A ACTUALLY IT WAS FROM LVBAGZ .C O M. DID Y O U MAKE A PURCHASE FROM L V B A G Z. COM ? YES , I T W A S THE CASE. I T W A S THE FINAL

EXHIBIT THAT I REVIEWED IN T H E D I R E C T EXAMINATION. Q A Q WHAT EXHIBIT N U M B E R W A S THAT, SIR ? 210 . ACCORDING TO MY NOTES EXHIBIT 210 H A S T O D O

WITH WATCHNREPLICA.N E T; IS THAT RIGHT? A YES . DO YOU HAVE THAT I N F R O N T O F Y O U, S I R? IF

I' LL EXPLAIN T H E NOTES ON THAT P U R C H A S E.

SOMEONE WANTS TO BRING IT UP I C A N TELL Y O U IT' S 43

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EXHIBIT 210 ON T H E F I R S T PAGE . Q I'V E A S K E D PLAINTIFF' S COUNSEL TO BRING UP 21 0

SO WE C A N S E E IT. T H E COURT: THE WITNESS: CERTAINLY. OKAY. Y O U' LL SEE IN T H E

VERY BOTTOM OF T H E PAGE IF Y O U'L L ZOOM IN ON THAT A TINY BIT I CAN SHOW YOU T H E A D D I T I O NAL INFO SECTION WHICH IF SOMETHING - T H E COURT: THE WITNESS: B R I N G I T U P. OH , Y E S. T H E R E Y O U GO. AS

Y O U S E E IN THE VERY BOTTOM WHERE IT SAYS ADDITIONA L INFO. AND THIS I S WHERE I F THERE WAS ANYTHING DIFFERENT THAT W A S N O T OF THE ORDINARY THAT HAPPENED DURING OUR PURCHASE THAT WOULD FIT INTO ONE O F OUR OTHER DATABASE FIELDS , W E WOULD PUT THAT INFORMATION IN ADDITION AL INFO A N D EVERY ONCE I N A WHILE THAT HAPPENS. A N D HERE I T SAYS THAT "ALTHOUGH T H E INITIAL PURCHASE DID N O T G O THROUGH , W E LOCATED A S E C O N D W E B SITE O W N E D B Y THIS SUBJECT AT WATCHNREPLICA. NET WHERE WE P L A C E D THIS ORDER ." S O U P A T T H E TOP WHERE IT SAYS THE CASE NAME -- I'M SORRY -- IF Y O U WANT TO GO TO T H E T O P. SOMETIMES I T DOES D I F F E R, THE INFORMATION , A N D 44

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THAT' S W H Y WE DO HAVE DIFFERENT FIELDS . I N THIS CASE IT' S N O T REDUNDANT . YOU 'LL

S E E T H E NAME L V B A G Z. COM A N D THEN WATCHNREPLICA. NET A N D ALSO WHERE WE MADE THE WATCH W A S WATCHNREPLICA. NET . BY MR . LOWE : Q SO THE FACT IS THAT Y O U WERE N O T ABLE T O MAKE

A PURCHASE FROM L V B A G Z. NET ; I S THAT TRUE? A Q A DOWN. WELL, HERE D O Y O U SEE L V B A G Z@G M A I L.C O M. OF THIS F I R S T PAGE ? THE T O P SECTION . YES , S I R. ABOUT FOUR LINES

T H E E-MAIL THAT WAS USED TO INSTRUCT US TO

MAKE THE PURCHASE ON WATCHNREPLICA. NET W A S, IN FACT, LV BAGZ, WITH A Z, @G MAIL.C O M WAS T H E E -MAIL ADDRESS THAT A P P E A R E D O N L VBAGZ, WITH A Z , D O T COM . Q A ALL RIGHT . SO THAT INDIVIDUAL , WHAT WE DO , BECAUSE EVERY

PROCESS IS THE SAME, WE WILL GO ON THE W E B SITE A N D F O L L O W T H E INSTRUCTIONS WHICH IS TO E- MAIL L VBAGZ, WITH A Z , @ GMAIL. COM A N D THAT INDIVIDUAL INSTRUCTED US TO PLACE AN ORDER ON WATCHNREPLICA. NET . S O F O R ALL INTENTS AND P U RPOSES WE D I D N O T P L A C E A N O R D E R THAT B U T FINALIZED IT ON WATCHNREPLICA. NET . Q DOESN' T I T S A Y ON THE B O T T O M O F T H E PAGE 45

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ALTHOUGH T H E INITIAL PURCHASE D I D N O T GO THROUGH? A Q YES . AND MEANING YOU D I D N O T MAKE A PURCHASE FROM

L V B A G Z, YOU C O U L D N'T DO THAT? A THE INITIAL PURCHASE, T H E INITIAL ATTEMPT DID

NOT G O THROUGH . Q AND T H E INITIAL ATTEMPT WAS THROUGH

LVBAGZ.C O M? A Q A Q A Q A Q YES , S I R. THAT D I D NOT WORK? NO, IT SAYS -DID IT WORK OR NOT , S I R? DID WHAT? DID Y O U MAKE A PURCHASE FROM L V B A G Z. COM ? YES . YOU 'RE MISSING THE WORD INITIAL.

WHERE DID Y O U MAKE A PURCHASE FROM L V B A G Z. COM

AS OPPOSED TO WATCHNREPLICA.N E T? A SEE , WHAT HAPPENED HERE WAS T H E S H O P P I N G CART

W A S N O T APPARENTLY WORKING ON L V B A G Z.C O M. Q IN FACT, THE SHOPPING CART DID N O T WORK ON A N Y

OF THESE , D I D IT, OTHER THAN TO COLLECT INFORMATION ? A I'M N O T A W A R E O F W H I C H ONES H A D S H O P P I N G C A R T S

A N D W H I C H ONES D I D N O T, S I R. Q OKAY. IN THIS CASE T H E SHOPPING CART DIDN 'T 46

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Case5:07-cv-03952-JW Document270-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WORK? A Q A YES . OKAY.

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SO THEN W E F I L E D T H E SECONDARY INSTRUCTIONS

WERE TO E-MAIL T H E INDIVIDUAL AT L V B A G Z. Q A AT GMAIL? AT GMAIL. COM A N D F O L L O W E D T H E INSTRUCTIONS

GIVEN TO US ON T H E O T H E R SIDE OF T H E E -MAIL THAT W A S P R O V I D E D O N L V B A G Z. COM . Q A Q A Q A Q A Q DO THE DEFENDANTS HOST G MAIL.C O M? THE DEFENDANTS DO NOT . WHAT I S G M A I L.C O M? IT' S A N E -MAIL SERVICE. THAT S O M E B O D Y C A N USE ? GMAIL IS A SERVICE THAT ANYBODY C A N USE . AND IT 'S RUN BY G O O G L E, ISN 'T IT? YES , I T I S. SO, IN FACT, Y O U CONTACTED THE L V B A G Z THROUGH

GMAIL , N O T THROUGH L V B A G Z. COM H O S T E D F O R THE DEFENDANTS; IS THAT RIGHT? A WELL, WE CONTACTED T H E P E R S O N WHO OWNS THE W E DIDN 'T CONTACT

E- MAIL ACCOUNT AT L V B A G Z.C O M. THEM THROUGH. Q A

BUT Y O U CONTACTED THEM THROUGH G O O G L E? WE CONTACTED THEM THROUGH E -MAIL CONTACTS 47

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WHICH IS H O W Y O U CONTACT P E O P L E BY E-MAIL . Q YOU USED THE G O O G L E COMPUTERS TO CONTACT T H E

P E O P L E A T L V B A G Z. COM THROUGH LVBAGZ @GMAIL .C O M; IS THAT RIGHT? A Q I USED MY COMPUTER . DID YOUR COMPUTER CONNECT WITH A GOOGLE

COMPUTER TO DELIVER THAT E -MAIL OR NOT , S I R? A LIKELY , Y E S, IN THAT PROCESS. LIKELY I T DID

HIT A GOOGLE COMPUTER. Q ALL RIGHT . AND Y O U DIDN 'T SUGGEST THAT LOUIS

VUITTON SUE G O O G L E A B O U T THAT , D I D YOU ? A Q NO, S I R. THANK YOU . NOW , Y O U COULDN 'T MAKE T H E BUY

THROUGH THE COMPUTERS O P E R A T E D B Y T H E DEFENDANTS BECAUSE THE SHOPPING CART DIDN'T WORK, ACCORDING T O YOUR TESTIMONY , A N D INSTEAD Y O U WENT T O A N E -MAIL, Y O U WENT THROUGH AN E-MAIL PROCESS. AND WHAT WERE WHAT

Y O U TOLD WHEN YOU G O T YOUR E- MAIL BACK ? INSTRUCTIONS D I D YOU G E T FROM T H E S E L L E R? A Q A SITE. Q A OKAY.

TO MAKE A PURCHASE ON WATCHNREPLICA. NET . SO THEY R E F E R R E D Y O U TO SOMEBODY ELSE? THEY TOLD US TO MAKE A P U R C H A S E O N T H E I R O T H E R

YOU S E E DOWN ON T H E B O T T O M OUR INSTRUCTIONS 48

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WERE TO MAKE A PURCHASE ON THEIR OTHER -- SO WHAT THEY' RE SAYING IS A WEB SITE OWNED BY THE SUBJECT, N O T SOMEONE ELSE. Q A Q A Q A Q I D O N'T KNOW WHERE YOU G O T THAT .

WELL, HOW D I D Y O U KNOW I T W A S OWNED BY THEM? THAT'S WHAT THEY TOLD US . WELL, THEY TOLD Y O U WHAT EXACTLY? I HAVE AN E- MAIL. DO YOU HAVE AN E-MAIL ? NOT IN THIS EXHIBIT. SO YOUR CONCLUSION W A S THAT THEY REFERRED YOU

TO THIS OTHER SITE? A Q A Q BECAUSE THEY TOLD US IT WAS THEIR OTHER SITE. BUT Y O U D O N' T HAVE A N Y DOCUMENTATION F O R THAT ? NOT IN THIS EXHIBIT. AND Y O U T R I E D T O M A I N T A I N A L L OF YOUR

DOCUMENTS I N T H E S E LITIGATION REPORTS, D O N'T Y O U? A NO, N O T A L L OF OUR DOCUMENT S A R E IN A

LITIGATION -- A L I T PACKET . Q OK A Y. IN A N Y CASE , L E T' S F O L L O W THIS PROCESS

A LITTLE FURTHER. A Q SURE. HOW D I D Y O U MAKE T H E PURCHASE FROM

WATCHNREPLICA. NET ? A SITE. 49 WE USED T H E SHOPPING CART S Y S T E M ON THE W E B

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AND TELL ME HOW THAT WORKED ? WE PROCEEDED TO T H E W E B SITE U S I N G O U R

BROWSER, A N D W E F O L L O W E D T H E INSTRUCTIONS ON THAT WEB SITE . Q A AND WHAT DID Y O U D O EXACTLY ? WE CLICKED O N A N ITEM , A N D IT WENT T O O U R AND ONCE W E DID THAT W E CLICKED A

SHOPPING CART.

BUTTON THAT MOST LIKELY WOULD REFLECT A WORD CHECK OUT OR SOMETHING. Q A AND THEN WHAT H A P P E N E D? WE WOULD TYPE O U T OUR INFORMATION , O U R NAME,

ADDRESS, PHONE N U M B E R, CREDIT CARD INFORMATION AND THEN PROCEED T O WHATEVER THE FOLLOWING INSTRUCTIONS WERE, WHICH IT PROBABLY WOULD BE COMPLETE PURCHASE OR SOMETHING LIKE THAT. Q ISN 'T IT TRUE I N THIS PARTICULAR CASE Y O U MADE

T H E P U R C H A S E THROUGH A SERVICE C A L L E D PAY D O L L A R? A Q WHERE IS THAT? WHAT PAGE A R E YOU ON ? L E T M E D I R E C T YOU

LET 'S SEE IF I CAN G E T I T.

TO PAGE 5 O F THIS EXHIBIT 210 . A Q A Q YES , I S E E I T. COULD YOU GO TO THAT PAGE, PLEASE ? YES , I S E E I T HERE . SO -T H E COURT: E X P A N D IT SO WE CAN READ IT. 50

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SO THIS S H O W S THAT Y O U MADE A PAYMENT THROUGH D O Y O U KNOW WHAT P A Y D O L L A R IS?

PAY DOLLAR. A Q A YES .

AND WHAT IS PAY D O L L A R? PAY D O L L A R I S SIMILAR TO P A Y P A L. BASICALLY FOR

IT 'S AN ALL ENCOMPASSING S H O P P I N G CART S Y S T E M.

EXAMPLE, ON P A Y P A L IF YOU D O N'T WANT TO SET UP A SHOPPING CART SYSTEM THROUGH YOUR BANK AND BANK PROCESS AND HAVE YOUR BANK PROCESS YOUR C R E D I T CARDS , Y O U CAN HAVE PAY P A L D O I T, CHECKO U T THROUGH P A Y P A L AND IT WOULD LEAVE Y O U T O T H E WEB SITE TO T H E S H O P P I N G CART A N D I T W O U L D SEND TO Y O U P A Y PAL , B U T I N THIS CASE PAY D O L L A R, WHICH IS A PAYMENT SERVICE. Q SO, IN FACT, Y O U H A D TO ESTABLISH AN ACCOUNT

A N D MAKE AN ACCOUNT TO THE P A Y D O L L A R BANK, DIDN'T Y O U? A I D O N' T R E C A L L IF WE HAD TO ESTABLISH A N

ACCOUNT, B U T THAT IS T H E W E B SITE THAT FACILITATED THE FINALITY O F THIS PURCHASE . Q AND THIS WAS DONE, IF Y O U C A N MOVE T H E SCREEN

DOWN, THIS IS DONE THROUGH T H E WING HANG BANK? A Q THAT'S WHAT THE PAGE SAYS. AND T H E M E R C H A N T I S H K N E WE N D E R E -BUSINESS 51

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Case5:07-cv-03952-JW Document270-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMPANY? A Q YES .

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AND SO Y O U H A D TO MAKE T H E PAYMENT THROUGH A

THIRD PARTY IN ORDER TO G E T THIS PURCHASE ; I S THAT RIGHT ? A YES , JUST AS WE PAID THE SUBJECTS THROUGH

WESTERN UNION THE OTHER W A Y. Q A Q SO THIS I S LIKE WESTERN UNION IN A S E N S E? IT' S A PAYMENT CONDUIT. OKAY. AND FOR THAT PARTICULAR ONE - - I

BELIEVE YOU T A L K E D A B O U T YOUR PROCESS IN EXHIBIT 78 5. CHINA ? DID YOU RECEIVE THE PRODUCT SHIPPED FROM WOULD YOU TELL US HOW IT W A S R E C E I V E D I N

THIS PARTICULAR CASE FOLLOWING THIS EXHIBIT 210 ? A I'M SORRY . I'M ON THAT PAGE N O W. WHAT DID

Y O U A S K ME AGAIN? T H E COURT: BY MR . LOWE : Q HOW D I D Y O U RECEIVE T H E MERCHANDISE? W A S IT H O W DID Y O U RECEIVE IT ?

SHIPPED TO YOU FROM CHINA. A Q A IT WAS SHIPPED TO OUR UNDERCOVER MAILBOX. WHAT I S THE UNDERCOVER MAILBOX ? WHAT I HAVE BEEN D O I N G S I N C E T H E MID -90 'S, WE

HAVE ALWAYS ESTABLISHED UNDERCOVER MAILBOX SERVICES THROUGHOUT THE U N I T E D S T A T E S FOR T H E PURPOSE OF US 52

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GIVEN BY WESTERN UNION AN MTC N U M B E R, A C O N T R O L L I N G N U M B E R, AND THEN WHAT W E D O I S GIVE THAT MTC N U M B E R TO T H E INDIVIDUAL W H O E -M A I L E D U S WITH THOSE INSTRUCTIONS. THEN WITH THAT M TC NUMBER THEY' RE ABLE T O GO TO A WESTERN U N I O N L O C A T I O N I N T H E I R AREA A N D PICK UP THAT M O N E Y A N D THAT N U M B E R. Q SO YOU 'RE USING A MONEY TRANSFER PROCESS L E T' S

S A Y T H E SAME W A Y SOMEONE HERE IN CALIFORNIA WOULD MAYBE TRANSFER MONEY TO M E X I C O? A Q IF THEY C H O S E WESTERN UNION THEY COULD. WESTERN U N I O N P R O V I D E S THAT SORT OF SERVICE

A R O U N D T H E WORLD AS FAR AS Y O U KNOW ? A Q YES , S I R. BUT IN A L L C A S E S THAT Y O U HAVE DEALT WITH HERE

IN THIS LAWSUIT YOUR WESTERN UNION PAYMENTS WERE DELIVERED T O A LOCATION IN CHINA ; I S THAT RIGHT ? A S I R. Q WELL, I WANT Y O U T O LOOK AT THIS AND CONFIRM EXHIBIT 6 5 DEALING WITH THE ONES THAT I HAVE LOOKED AT SO F A R, YES ,

THIS FACT, PLEASE .

WENDY 929 .N E T W A S PAID THROUGH WESTERN UNION, W A S I T N O T? A Q YES , S I R. AND Y O U CONFIRMED THAT YOUR B A G4SELL .C O M W A S 57

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AND WOULD Y O U LOOK AT EXHIBIT 16 YOUR B U Y FROM

GUCCIFENDI. COM ? A Q I'M SORRY , 1 16. 116 . WAS THAT ALSO PAID THROUGH WESTERN

UNION ? A Q YES , S I R. AND LOOK AT EXHIBIT 1 28, YOUR BUY FROM WAS THAT ALSO PAID THROUGH WESTERN

NNIKE .C O M. UNION ? A Q YES .

AND YOUR EXHIBIT 1 41 CONCERNING YOUR B U Y FROM

LUXURY2U S.C O M, W A S THAT PAID THROUGH WESTERN UNION ? A YES , A N D YOU C A N S E E WE WERE G I V E N A P E R S O N'S

BANK ACCOUNT N U M B E R AS WELL A S A N A L T E R N A T I V E. Q A BUT Y O U USED WESTERN UNION? YES , W E D I D BECAUSE I T W A S THE EASIEST OF THE

CHOICES. Q AS OPPOSED T O M A K I N G A WIRE TRANSFER OR

SOMETHING? A YES , O F T E N THAT IS GIVEN AS AN O P T I O N. IT 'S

AN EXPENSIVE O P T I O N AND MORE TIME-CONSUMING. Q SO TYPICALLY IN THESE CASES Y O U'R E G O I N G T O

SEND THEM THROUGH WESTERN UNION OR A WIRE TRANSFER 58

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FROM YOUR BANK TO T H E S E L L E R' S BANK ? A Q IN MANY C A S E S, YES . OKAY. P L E A S E LOOK AT EXHIBIT 173 , YOUR

LITIGATION REPORT CONCERNING THE B U Y FROM PICKYOUR GOODS. COM . WESTERN UNION? A Q YES . AND LOOK AT EXHIBIT 1 55, CONCERNING YOUR WAS THAT ALSO PAID F O R THROUGH WAS THAT ALSO PAID THROUGH

B U YFROML LG. COM . WESTERN UNION? A Q YES , S I R.

PLEASE LOOK AT EXHIBIT 1 91, YOUR BUY R E P O R T O R WAS THAT ALSO PAID

T H E B U Y FROM S OAPPAREL. COM . THROUGH WESTERN U N I O N? A Q YES , S I R.

LOOK A T YOUR EXHIBIT 195 , YOUR PURCHASE FROM WAS THAT PAID THROUGH WESTERN

SUNNY 7SHOES .C O M. UNION ? A Q YES , S I R.

AND P L E A S E LOOK AT YOUR REPORT 85 4, YOUR B U Y

REPORT FROM SUNNY 7SHOES .C O M O N A DIFFERENT DATE , W A S THAT ALSO PAID THROUGH WESTERN UNION? A Q YES , S I R. AND LOOK AT EXHIBIT 5 86, YOUR BUY R E P O R T WAS THAT 59

CONCERNING A P U R C H A S E FROM E S H O E S99 .N E T.

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ALSO PAID THROUGH WESTERN UNION? A Q YES . AND YOUR REPORT EXHIBIT 588 CONCERNING YOUR

B U Y FROM BIGWORLDSHOES. COM , W A S THAT PURCHASED THROUGH WESTERN U N I O N? A Q YES , S I R. AND FINALLY 590 , YOUR R E P O R T FROM BAPESKY. COM ,

W A S THAT ALSO PAID THROUGH FROM WESTERN U N I O N? A Q YES , S I R. NOW , D O Y O U UNDERSTAND THAT IN ORDER TO HAVE

AN E- COMMERCE SITE THAT IT 'S NECESSARY F O R A MERCHANT ON T H E I N T E R N E T T O HAVE A SECURE W E B SITE , A SECURE -- A CERTIFICATE OF SECURITY SO THAT Y O U D O N'T JUST GO TO HTTP, IT HAS TO BE AN HTTPS W E B SITE. A Y O U. Q YOU D O N'T THINK IT 'S IMPORTANT TO HAVE A A R E YOU FAMILIAR WITH THAT? I'M FAMILIAR WITH THAT, BUT I DON 'T AGREE WITH

CERTIFICATE TO HAVE A SAFE SITE THAT TRANSFERS INFORMATION OVER THE INTERNET ? A IF I O P E N E D A W E B SITE I WOULD TELL YOU TO DO

THAT, I WOULD SUGGEST T O D O THAT , B U T IT' S N O T NECESSARY I N O R D E R T O HAVE AN E- COMMERCE SITE, NO, S I R. Q ALL RIGHT . 60

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Case5:07-cv-03952-JW Document270-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A IT JUST M A K E S I T S A F E R.

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SAFER FOR T H E B U Y E R; RIGHT? SAFER FOR T H E B U Y E R I F Y O U WERE T O U S E CREDIT

CARDS AS AN O P T I O N. Q AND , I N FACT , MOST B U Y E R S WANT THAT SECURE -M S. WANG: T H E COURT: BY MR . LOWE : Q NOW , WHEN Y O U R E C E I V E D T H E S E BAGS , THEY WERE OBJECTION, YOUR H O N O R. SUSTAINED.

A L L SHIPPED TO Y O U FROM CHINA OR SHOES OR WHATEVER YOU BOUGHT? A Q THE ONES I L O O K E D AT. WELL, HAVE Y O U LOOKED AT A L L O F T H E ONES W E

TALKED A B O U T T O D A Y? A Q YES , S I R. AND A L L O F T H E ONES W E'R E TALKING ABOUT IN

THIS LAWSUIT, THEY WERE A L L SHIPPED FROM CHINA? A Q YES , S I R. AND WERE YOU ABLE TO IDENTIFY THE P E R S O N W H O

SHIPPED THEM T O Y O U? A Q A ME . Q WELL, WHAT W A S YOUR GENERAL ABILITY ABOUT 61 IN SOME C A S E S PERHAPS . JUST PERHAPS ? WELL, I D O N' T HAVE THOSE REPORTS IN FRONT OF

U.S. COURT REPORTERS

Case5:07-cv-03952-JW Document270-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THESE PARTICULAR PURCHASES ? W H O Y O U BOUGHT THEM FROM? A

Filed01/19/10 Page23 of 40 WERE YOU ABLE T O TELL

I W O U L D HAVE TO S E E M Y REPORTS F O R T H O S E

PARTICULAR PURCHASES . Q WELL, WOULD IT HELP T O LOOK AT SOME OF YOUR

REPORTS? A NO. THE REPORTS O F THE INVESTIGATION? I' M

SORRY . Q A OKAY. A PURCHASE I S THE FIRST PORTION O F A N

INVESTIGATION, A N D W E W O U L D CONDUCT A PURCHASE AND THEN WE WOULD GATHER A L L O F T H E INFORMATION FROM T H E C R I M E SEEN WHICH IS WHAT I CALL T H E VIRTUAL CRIME SCENE IS BASICALLY SOME OF THIS INFORMATION THAT YOU S E E HERE . A N D BASED ON THE DATA THAT Y O U COLLECT THROUGHOUT THIS S C E N E WILL IDENTIFY SOME OF THE INDIVIDUALS , I F T H E CLIENT DOESN 'T REQUEST I T, TO INVESTIGATE THE SPECIFIC SELLER. OFTEN WITH THE CHINESE SELLERS, THE SITUATION I S THAT THERE TURNS O U T T H E PERSON IS JUST LIVING IN AN APARTMENT A N D WORKING F O R SOMEONE ELSE. Q S O THAT 'S NOT OFTEN A L W A Y S T H E CASE. HAVE Y O U OFTEN HAD T H E EXPERIENCE IN THESE

CASES TO RECEIVING F A L S E I N F O R M A T I O N I N C A S E S O F 62

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P E O P L E Y O U DEAL WITH IN CHINA ? A Q OFTEN SHADY CHARACTERS GIVE FALSE INFORMATION . CAN Y O U A N S W E R MY QUESTION. IN THESE CASES

DID YOU OFTEN FIND THAT PEOPLE WERE GIVING FALSE INFORMATION ABOUT THEIR IDENTITY ? A I D O N' T R E C A L L, B U T I T'S L I K E L Y THAT SOME OF

THESE PEOPLE DID GIVE M E FALSE INFORMATION. Q NOW , Y O U' VE INDICATED THAT YOU -- L E T M E BACK

UP HERE. T H E INSTRUCTIONS THAT YOU G O T T O U S E WESTERN UNION TO DO OR WHATEVER, T H E I N F O R M A T I O N W A S TRANSFERRED T O Y O U OVER E -MAIL, W A S I T N O T? A Q YES , S I R. SO YOU G O T A N E -MAIL FROM A S E L L E R S A Y I N G SEND

US MONEY V I A WESTERN YOUNG , F O R EXAMPLE, TO SOME PERSON O R ADDRESS . A Q YES . OKAY. WHEN YOU G O T T H E MERCHANDISE FROM IS THAT T H E WAY IT W O R K E D?

CHINA , D I D IT COME FROM THAT PERSON IN A L L C A S E S? A IN ALL CASES IT W A S INSTRUCTED TO US . WHAT W E

DO TO V E R I F Y T H E ACCURACY OF THE GOODS IS THAT WE A L W A Y S D E M A N D -- AND TYPICALLY T H E S E SELLERS , A N D PEOPLE WHO SELL FROM CHINA TYPICALLY ARE VERY ORGANIZED AND THEY WOULD SEND THE TRACKING NUMBER, AS T H E PRODUCT SHIPS O U T THEY WOULD E- MAIL U S T H E 63

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Case5:07-cv-03952-JW Document270-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q ALL RIGHT .

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WHERE THE SERVICE IS I D O N' T KNOW . AND Y O U ALSO DEALT WITH ANOTHER E -MAIL ADDRESS

REFLECTED I N THIS PARTICULAR REPORT OF H O TMAIL. COM ; IS THAT RIGHT? A Q YES , S I R. AND H O TMAIL. COM IS OPERATED BY MICROSOFT; IS

THAT RIGHT? A Q YES . GOING TO YOUR R E P O R T OF EXHIBIT 4 1 CONCERNING

YOUR PROCESS O F L U X U R Y. COM ? A Q YES . AND Y O U D E A L T WITH AN ACCOUNT OF YAHOO. COM .CN ;

IS THAT RIGHT? A Q YES . AND AS TO EXHIBIT 173 CONCERNING YOUR R E P O R T E D

PURCHASE FROM PICKYOURG O O D S.C O M YOU DEALT WITH AN E- MAIL ACCOUNT ONCE AGAIN MAINTAINED FROM YAHOO .C O M.C N? A Q YES . CONCERNING EXHIBIT 18 5 CONCERNING YOUR REPORT

REFLECTING YOUR PURCHASE O F MERCHANDISE FROM RR GNL .C O M, THAT E -MAIL WAS TRANSMITTED THROUGH H O TMAIL. COM AGAIN ; I S THAT RIGHT ? A YES , S I R. 72

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DID Y O U TESTIFY AS TO REVERSE IP REPORTS THAT

Y O U HAVE DONE IN THIS CASE ? A Q YES . AND C A N Y O U IDENTIFY ANY OF T H E E X H I B I T S W H E R E

Y O U HAVE ACTUALLY SHOWN O N E O F T H O S E? A THE NUMBERS ARE STARTING TO R U N T O G E T H E R. SO

I CANNOT IDENTIFY AN EXHIBIT OFF T H E T O P OF MY HEAD, B U T I KNOW THERE WAS AN EXHIBIT EARLIER T O D A Y THAT I D I D TESTIFY T O. THAT WOULD BE GREAT. Q LET 'S TRY EXHIBIT 85. 2. IS THERE A REVERSE I P IF Y O U C O U L D REFRESH ME ,

REPORT I N THIS EXHIBIT? A Q YES . AND COULD Y O U D I R E C T US TO THE PAGE SO WE CAN

SHOW IT ON THE S C R E E N? A Q SURE. 6.

THANK YOU . N O W, WHAT BRIEFLY I S A REVERSE IP REPORT

AS WE S E E HERE AS Y O U UNDERSTAND IT ? A THIS I S JUST A REVELATION O F OTHER DOMAINS

THAT ARE H O S T E D O N T H E SAME I P ADDRESS . Q SO IT' S TRUE THAT MORE THAN O N E D O M A I N CAN BE

USING A SINGLE IP ADDRESS? A YES , S I R. 77

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AND IT 'S COMMON IN YOUR EXPERIENCE? IT HAPPENS REGULARLY. AND IN THIS PARTICULAR CASE I BELIEVE Y O U

TESTIFIED PREVIOUSLY THAT THIS REPORT INDICATED 11 5 DOMAINS USING A S I N G L E IP ADDRESS? A Q YES , S I R. DO YOU KNOW HOW MANY IP ADDRESSES A R E A S S I G N E D

TO T H E DEFENDANTS ? A Q NOT O F F T H E TOP OF MY HEAD, S I R. ALL RIGHT . IF I SUGGESTED APPROXIMATELY

40 ,00 0, WOULD THAT S O U N D APPROXIMATELY RIGHT ACCORDING T O YOUR INVESTIGATION? A Q YES , S I R. WOULD YOU AGREE THAT IF YOU H A D 1 15 DOMAINS

USING 40 ,0 0 0 I P ADDRESSES, THAT THAT W O U L D G E T YOU MORE THAN 4 A N D A HALF MILLION POTENTIAL WEB SITES USING THOSE IP ADDRESSES? A Q YES , S I R. AND Y O U HAVE TESTIFIED HERE THAT YOU HAVE MADE

SOME BUYS FROM 14 SITES THAT YOU HAVE ASSOCIATED WITH WEB SITES THAT ARE H O S T E D A S Y O U CALL I T O N SERVERS OF THE DEFENDANTS? A Q FOURTEEN SITES THAT A R E EXHIBITS, Y E S. WOULD YOU SHOW THE WITNESS EXHIBIT 9 5.4 . WAS THERE A TRACE REPORT THAT YOU 78

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Case5:07-cv-03952-JW Document270-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DAYS. WILL TAKE. M R. COOMBS : T H E COURT:

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IT' S A B O U T A N HOUR . WELL , THAT WILL GET Y O U R E A D Y

F O R L U N C H B Y LISTENING TO THIS. W E'R E G O I N G T O ALSO HAVE THIS DONE RESPONSIVELY. IT 'S PERFECTLY PERMISSIBLE EVEN

T H O U G H M R. CHEN I S HERE TO READ FROM H I S TRANSCRIPT BECAUSE THIS I S P R I O R TESTIMONY AND COUNSEL IS ABLE TO U S E THAT DEPOSITION FOR THIS PURPOSE S O W E'R E GOING TO HAVE HIS DEPOSITION READ. A N D AGAIN YOU WANT THIS O N T H E RECORD SO Y O U NEED TO MODERATE YOUR SPEED. M R. COOMBS : I WILL DO SO , T H A N K Y O U.

A N D I WILL COUNT ON THE REPORTER TO L E T M E KNOW . M R. CHEN'S DEPOSITION WAS TAKEN OVER TWO H I S FIRST DAY AS A REPRESENTATIVE OF AKANOC

SOLUTIONS, INC ., AND T H E S E C O N D DAY AS A REPRESENTATIVE OF MANAGED SOLUTIONS GROUP , I N C. T H E F I R S T D A Y WAS APRIL 8, 20 08 AND T H E S E C O N D DAY W A S A P R I L 9 , 2 008 . Q WOULD YOU STATE A N D S P E L L YOUR NAME NOR T H E

RECORD, PLEASE ? A Q STEVE CHEN. S- T-E -V- E-N , C -H- E-N .

AND , M R. CHEN, YOU UNDERSTAND THAT T O D A Y

Y O U'R E HERE AS A WITNESS F O R DEFENDANT A K A N O C 87

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I'L L A S K YOU FIRST IF Y O U Y O U' VE EVER SEEN

EITHER O F T H O S E E -MAILS BEFORE? A Q A Q A Q A Q A Q A Q HAVE I SEEN IT? YES . YES . DID Y O U W R I T E THEM ? I T H I N K S O. YOU WROTE BOTH? I W R O T E BOTH OF THESE . AND IT H A S S E C U R I T Y S S A N D? YES . AND WHEN IT SAYS S S I T'S REFERRING T O? YES . AND DOES JULIANA L U K HAVE A DIFFERENT

SIGNATURE LINE ? A I T H I N K MOST OF T H E TIME S H E JUST U S ES AND SOMETIMES I WOULD JUST USE SECURITY

SECURITY .

B U T F O R SOMETHING THAT I WANT TO IDENTIFY , THIS IS FROM MYSELF I WOULD PUT IN SS . Q AND EARLIER YOU INDICATED THAT IN ADDITION TO

FORWARDING ABUSE REPORTS T O YOUR CUSTOMER YOU COULD UNPLUG THE SERVER . REFERRING T O? A Q YES . AND T H E T W O E-M A I L S O N E SAYS YOUR S E R V E R H A S 116 IS THAT WHAT THESE E- MAILS ARE

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BEEN UNPLUGGED AND THE OTHER SAYS I T HAS BEEN DISABLED . A Q A Q YES . AND DO THEY MEAN DIFFERENT THINGS ? YES . OKAY. P L E A S E EXPLAIN TO ME WHAT THE

DIFFERENCE IS? A THE S E R V E R UNPLUGGED IS DIS CONNECTING I T

COMPLETELY REGARDLESS O F H O W MANY DIFFERENT IP' S I N IT . DISABLING AN IP IS MAYBE THIS PARTICULAR

S E R V E R H A S 20 DIFFERENT IP 'S AND I AM ONLY T A K I N G DOWN THAT PARTICULAR IP . Q BUT BOTH OF THEM WILL R E S U L T I N R E M O V I N G

A C C E S S T O T H E ABUSIVE W E B SITE O R CONTENT OR WHATEVER ? A Q A Q THAT'S CORRECT. THE COMPLAINT I S A B O U T? THAT'S CORRECT. AND H O W LONG A S K I N G I T TAKE ? I THINK EARLIER

Y O U SAID Y O U C O U L D U N P L U G THE S E R V E R I N A B O U T 3 0 MINUTES; IS THAT RIGHT? A Q A RIGHT. HOW LONG DOES I T TAKE Y O U T O DISABLE IP ? ABOUT 30 MINUTES. IT DEPENDS ON HOW FAST WE

CAN PROCESS THE INSTRUCTION. 117

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CROSS- EXAMINATION

GOOD AFTERNOON, MR . W I L S O N.

YOU TESTIFIED

EARLIER ABOUT YOUR EXPERIENCE WITH THE W A R N E R M U S I C GROUP A N D THAT Y O U WERE WORKING FOR T H E W E B HOSTING BRANCH O F THAT ORGANIZATION. CORRECTLY? A Q A Q YES , T H E TECHNICAL SERVICES GROUP . AND H O W LONG WERE YOU IN THAT POSITION? BETWEEN T H R E E A N D FOUR Y E A R S. AND THAT IS THE W E B S I T E S THAT WERE HOSTED BY DO I UNDERSTAND THAT

W A R N E R M U S I C G R O U P D U R I N G THE TIME YOU WERE THERE WERE ALL OF -- THEY WERE A L L PEOPLE UNDER CONTRACT WITH WARNER MUSIC ? A Q A Q YES . SO SORT O F A N I N-H O U S E POSTING FACILITY ? CORRECT. AND Y O U INDICATED THAT T H O S E W E B SITES FOR T H E

MOST WERE N O T CONTROLLED B Y W A R N E R MUSIC GROUP; IS THAT RIGHT? A WELL, AGAIN, THEY WERE CONTROLLED BY W A R N E R

MUSIC GROUP IN T H E BROADER SENSE B U T INDIVIDUALLY THEY' RE CONTROLLED B Y T H E ARTISTS MANAGEMENT OR T H E ARTISTS THEMSELVES. Q AND MAYBE Y O U C A N EXPLAIN WHAT Y O U MEAN BY 196

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Filed01/19/10 Page32 of 40 CAN

AND H O W F A R DOWN DOES THAT GO DATE WISE ?

YOU TELL ? A YEAH. CAN YOU SCROLL DOWN A LITTLE? THE LAST

O N E W A S 2-2 -20 09. Q NOW , Y O U MENTIONED , I F I 'M NOT MISTAKEN , FIVE

ACTIONS THAT WERE TAKEN BY T H E DEFENDANTS CONCERNING VARIOUS ABUSE COMPLAINTS ; I S THAT RIGHT ? A Q ON THIS PAGE ? OKAY. YES . WHAT

AND THEY WERE REMOVING SOMETHING .

W A S YOUR UNDERSTANDING OF WHAT THEY WERE DOING? A IT APPEARS THAT THEY WERE R E M O V I N G A N I P

ADDRESS FROM A PARTICULAR SERVER . S O THAT WOULD PROBABLY MEAN REMOVING IT FROM THE R O U T E R S O T H E TRAFFIC D O E S N'T G E T T H E R E ANYMORE. Q IF YOU COULD BRING UP EXHIBIT 155 9, PLEASE .

DO Y O U RECOGNIZE THIS, SIR ? A Q A YES . AND WHAT IS IT? THIS I S THE PARSED WEB LOGS FOR THE LOUIS

VUITTON PART O F B I GW O R L DSHOES .C O M. Q CAN Y O U EXPLAIN EXACTLY WHAT THAT IS F O R T H E

BENEFIT OF THOSE WHO A R E N O T IN YOUR B U S I N E S S? A SURE. BASICALLY T H E WEB LOGS ARE JUST GOING

TO BE A SERIES OF TEXT ENTRIES I N VERILOG OR 238

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MULTIPLE TEXT FILES SO NOT ANYTHING A NORMAL P E R S O N WOULD WANT TO READ A T A L L. PAGES OF THEM. S O I N ORDER T O GET A MORE MARGINALLY PAGE TO READ LIKE THIS Y O U R U N IT THROUGH A W E B L O G ANALYZER . IN THIS CASE I USED A FREE PRODUCT T H E R E A R E PAGES AND

C A L L E D W E BL Y Z E R B U T THERE ARE MULTIPLE OTHER PRODUCTS Y O U C A N HAVE. HAVE AT HAND. WHAT THIS DOES I S THAT IT GOES THROUGH A N D P A R S E S THE INFORMATION IN T H E W E B LOGS, AND IT SHOWS Y O U H O W MANY V I S I T S FOR THIS PARTICULAR W E B L O G A N D WHAT T H E TIME P E R I O D WAS A N D T H I N G S LIKE THAT, WHAT ACTUAL PICTURES THEY LOOKED AT . I T G I V E S Y O U SOME IDEA AS TO WHETHER OR N O T YOUR W E B SITE IS BEING USED BASICALLY . Q THIS I S SOMETHING THAT A WEB SITE OPERATOR WHO IT JUST DEPENDS O N WHAT Y O U

IS CREATING A N D W O U L D U S E FOR THEIR O W N I N T E R N A L PURPOSES TO S E E H O W THINGS A R E G O I N G? A Q USUALLY, YES . ALL RIGHT . SO THIS W E B L Y Z E R PROGRAM GENERATED

THIS INFORMATION? A NO, T H E W E B SITE GENERATED THIS I N F O R M A T I O N.

THIS PARSED IT A N D P U T IT INTO SOME SORT OF READABLE FORMAT. 239

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AND IF WE GO TO PAGE 2 O F THIS EXHIBIT.

DOES THAT REFLECT ? A THAT JUST SHOWS HOW MANY HITS THERE WERE SO IT SHOWS THAT T H E

DURING THIS PERIOD O F TIME .

W E B SITE W A S B E I N G A C C E S S E D O N T H E 26T H A N D 27T H O F FEBRUARY . Q A Q A Q OF 200 9? YES . ONLY T H O S E T W O DAYS? IN FEBRUARY, Y E S. OKAY. N O W, IF I'M UNDERSTANDING THE CAPTION

ON THIS, IF Y O U C A N SCROLL DOWN A L I T T L E BIT FURTHER, THIS SAYS THAT IT 'S REPORTING SUCCESSFUL REQUESTS OF A L L T Y P E S W H I C H W O U L D B E EVERYTHING A N D IN A WEB SITE OR OUTSIDE O F A W E B SITE ; I S THAT CORRECT? A A N Y KIND O F A REQUEST FOR INFORMATION ?

NO, THIS IS WEB SITE REQUEST. THIS IS SHOWING ALL OF T H E A C T U A L WEB L O G

DATA FOR THESE T W O DAYS .

SO ANYTHING THAT A C T U A L L Y

G O T T O A W E B SITE IT W A S REQUESTING SOME SORT O F PAGE ON THE W E B SITE . RECORDING. Q NOW , O N THAT MONTH THERE WERE ONLY T W O DAYS THAT'S WHAT THIS I S

THAT YOU WERE HITTING A N Y T H I N G, ANYBODY W A S HITTING THAT WEB SITE; IS THAT RIGHT? 240

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NOT T H E B I GW O R L DSHOES .C O M. I'M SORRY . PLEASE REPEAT YOUR ANSWER.

I SAID N O T T H E BIGWORLDSHOES.C O M WEB SITE,

JUST THE LOUIS VUITTON PART O F T H E BIGWORLDSHOES. COM W E B SITE . Q JUST T O HELP US UNDERSTAND THIS EXHIBIT A I F Y O U GO BACK T O T H E FIRST PAGE

LITTLE B I T.

THERE 'S A T I T L E O N HERE THAT I'D LIKE YOU TO EXPLAIN. A SURE. WHAT IS TH Y O R P CID E Q U A L S 1 6? T H E PART OF T H E BIGWORLDSHOES .C O M W E B

SITE THAT H A D TO DO WITH L O U I S VUITTON H A D T W O EASY- TO- SPOT CHARACTERISTICS, IN T H E G I G A N T I C U RL W A S T H E R E I T SAID E I T H E R P CID E Q U A L S 1 6, WHICH WAS T H E MAIN PAGE THAT Y O U SAW THAT HAD A L L O F T H E PICTURES OF T H E VARIOUS PRODUCTS OR IN T H E CASE OF T H E A C T U A L PICTURES OF THE PRODUCT THERE WAS A CAPITAL THY IN T H E U RL. S O T H E URL IS GIGANTIC BECAUSE THEY HAVE T H I N G S N E S T E D IN THE STRUCTURE. BUT THE BOTTOM

LINE IS ANYTHING IN THE LOUIS VUITTON WAS IN T H E TH Y O R L O U I S VUITTON DIRECTORY O R SOMEWHERE ELSE. Q ALL RIGHT . SO THAT W A S JUST A W A Y THAT Y O U

USED TO ISOLATE PARTICULAR INFORMATION RELATED TO 241

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IF YOU WOULD GO TO PAGE 6.

WERE YOU ABLE TO

MAINTAIN FROM THE SERVERS THAT Y O U COPIED A N D H A D BEEN PROVIDED TO YOU , U S E INFORMATION THAT ALLOWED T H E PRODUCTION OF THIS PARTICULAR EXHIBIT ? A Q YES , T H E DATA E X I S T S WITHIN T H E W E B LOGS. SO THE DATA CAME FROM T H E W E B LOGS W H I C H WERE

ON T H E SERVERS ; CORRECT ? A Q CORRECT. OKAY. A N D PAGE 6, WHAT DOES THAT SHOW? WHAT

IS THAT CHART? A THIS S H O W S A N INCOMPLETE CHART OF T H E L O C A T I O N

OF T H E INDIVIDUAL USERS , A N D BASICALLY T H E W E B L Y Z E R PROGRAM THAT I USED HAS A VERY S M A L L I N T E R N A L DATABASE THAT ACTUALLY TELLS IT AN IP ADDRESS BELONGS TO IT AND GIVE A L O C A T I O N. S O SINCE I WAS USING I T O N A FORENSIC S Y S T E M THAT W A S N O T CONNECTED TO T H E I N T E R N E T I T DIDN' T HAVE T H E ABILITY TO GO O U T A N D GET B E T T E R DATA. Q A S O THAT 'S WHY IT SAYS UNRESOLVED. WELL, WHAT DOES IT REFLECT? IT REFLECTS HOW MANY USER O R W H E R E T H E USERS

WERE THAT I T COULD IDENTIFY. Q THE USERS BEING P E O P L E LIKE ORDINARY P E O P L E 242

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LOOKING FOR THIS INFORMATION ABOUT THE LOUIS VUITTON PRODUCTS, IS THAT WHAT Y O U ARE GETTING TO? A WELL, THE SAME PEOPLE M A Y B E INCORRECT, B U T,

YEAH, COMPUTERS. Q A COMPUTER USERS? WELL, OR THERE' S A USER AT THE E N D O F THAT

COMPUTER , Y E S. Q OKAY. AND THIS PARTICULAR CHART SHOWS THAT

THE ONLY ONES THAT COULD IDENTIFY CAME FROM FRANCE ? A CORRECT, THE ONLY ONE THAT WEBLYZER COULD

IDENTIFY CAME FROM FRANCE. Q ALL RIGHT . IF WE COULD GO TO -- AND THAT WAS ' 09?

F O R T H E MONTH OF FEBRUARY; IS THAT RIGHT? A Q YES .

AND IF WE COULD GO TO PAGE 14 OF THIS EXHIBIT .

IS THIS A SIMILAR CHART F O R T H E MONTH OF MARCH 20 09? A Q A YES , I T I S. AND ONCE AGAIN, T H E M A J O R I T Y I S UNRESOLVED ? THE MAJORITY IS UNRESOLVED BY WEBLYZER, T H E

FREE PRODUCT THAT I USED T O P A R S E I T. Q AND T H E P A R T S THAT WERE RESOLVED REFLECTS THE

COUNTRIES FROM WHICH HITS CAME; IS THAT R I G H T? A Q YES . AND T H E ONLY COUNTRIES THAT IT FOUND WERE 243

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CANADA, FRANCE , C H I N A, SWITZERLAND, GERMANY, INDIA A N D HONG KONG; IS THAT RIGHT? A Q CORRECT. THANK YOU . IF WE COULD GO TO PAGE 2 7 I

BELIEVE.

THIS IS ANOTHER CHART SHOWING HITS IN

JANUARY I BELIEVE ; I S THAT RIGHT ? A Q YES . AND , ONCE AGAIN , A B O U T 3 1 PERCENT WERE

UNRESOLVED; IS THAT RIGHT? A Q YES . AND T H E ONLY ONES -- THE ONLY HITS THAT WERE

IDENTIFIED CAME FROM THE NETHERLANDS, GREAT BRITAIN, BELGIUM, BRAZIL, ITALY, CHINA , A N D FRANCE ; IS THAT CORRECT? A CLOSE. THERE ARE ALSO OTHERS. S O SOMETHING

THAT LESS THAN A FEW PERCENT THAT I T DIDN 'T BOTHER TO P U T O N T H E CHART. Q ALL RIGHT . T H E COURT: ON THIS ONE . M R. LOWE: SCROLL DOWN A LITTLE BIT T O I D O N'T S E E F R A N C E AND CHINA

CHINA A N D F R A N C E ARE

244

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WELL, ON MY COPY I S E E - THE NAMES A R E L I S T E D, B U T THEY 'RE N O T O N T H E

CHART . Q OH, I SEE . DOWN B E L O W. I SEE .

N O W, IN REBUILDING -- LET ME START FURTHER BACK. I BELIEVE Y O U TESTIFIED THAT YOU H A D

L O O K E D A T I N F O R M A T I O N CONCERNING BIGWORLDSHOES. COM ? A Q CORRECT. AND Y O U H A D TO REBUILD T H E WEB SITE I T H I N K

W A S T H E PHRASE THAT YOU USED? A Q I D I D REBUILD T H E WEB SITE, Y E S. OKAY. AND WHAT DOES REBUILD MEAN ? WHAT DOES

REBUILDING A WEB SITE FROM SERVER INFORMATION? A WELL, IN THIS CASE WHAT IT MEANS IS THAT I

TRIED TO RECREATE T H E W E B SITE A S I T W O U L D HAVE BEEN VISIBLE O N T H E SERVER AT T H E TIME T H E S Y S T E M WAS TAKEN DOWN FOR IMAGING . Q AND WHAT DID Y O U HAVE TO DO IN ORDER TO

REBUILD THAT? A BASICALLY I NEEDED TO -- OKAY. IN ORDER TO

REBUILD THE W E B SITE , WHAT I NEEDED TO DO W A S ACTUALLY REBUILD THE S E R V E R A N D PUT IT INTO WHAT I S CALLED A VIRTUAL IMAGE. S O T H E EASIEST W A Y TO EXPLAIN THIS WOULD BE IMAGINE TAKING AN E N T I R E C O M P U T E R A N D PUTTING I T 245

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