Dunstan et al v. comScore, Inc.

Filing 108

RESPONSE by comScore, Inc. to MOTION by Plaintiffs Jeff Dunstan, Mike Harris to compel comScore to Respond to Written Discovery 104 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Bowland, Robyn)

EXHIBIT D

99999.77815/4738143.1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of a class of similarly
CASE NO. 1:11-cv-5807
situated individuals
Judge Holderman
Plaintiff,
Magistrate Judge Kim
v.
COMSCORE, INC., a Delaware corporation
Defendant.

DECLARATION OF MICHAEL BROWN
I, Michael Brown, hereby declare and state based upon my personal knowledge as
follows:
1.

I am the Chief Technology Officer ("CTO") at comScore, Inc. ("comScore") and

have held that position since February 2011. Prior to being named CTO, I held various positions
in the technology group since comScore’s founding in 1999, and I was the chief architect of the
comScore software.
2.

My current office is located at comScore’s offices in Reston, Virginia.

3.

There is no accurate way to determine how many panelists uninstalled comScore's

software by a method other than the uninstall method provided as a part of the Microsoft
Add/Remove Programs function.
4.

comScore does not segregate incoming panelist communications between

complaints and other types of communications, such as compliments or requests for technical
assistance. In order to identify "complaints," each communication between comScore's
personnel and panelists would need to be individually reviewed.
04692.62386/4766459.1

5.

The document attached to comScore's Supplemental Interrogatory Responses as

Exhibit A constitutes the official list of online activity information collected by comScore's
software as maintained in the usual course of comScore's business. comScore does not maintain
any additional lists of online activity data collected by comScore software. In particular,
comScore does not maintain a separate list of online activity data collected by comScore's "beta"
Macintosh software. comScore never commercially implemented any Macintosh-based
software.
6.

The "Legacy" fields included on Exhibit A to comScore's Supplemental

Interrogatory Responses represent pieces of data that comScore has determined to no longer
collect. When comScore, for any reason, decides to no longer collect a certain piece of online
activity information from its panelists but wishes to maintain the placeholder for compatibility
purposes, it zeros out the value of the information and changes the description of the information
in the list of information collected to "Legacy field."
7.

comScore does not maintain a list of the information previously collected that has

since been transitioned to a "Legacy field."
8.

In order to attempt to determine what information was previously collected under

the "Legacy field" values for each individual release of our software, comScore employees
would be required to search through old source code and related documentation in an attempt to
find previous descriptions of the Legacy field. However, such a search would be timeconsuming, is not likely to result in an exhaustive list of previous Legacy field values, and is not
likely to be completely accurate. The results of such a search would be of limited value, as they
would reflect comScore's best guess regarding the previous descriptions of Legacy field values.

04692.62386/4766459.1

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9.

cornS core does not, in the ordinary course of business, create screenshots of all

dialog boxes used by all of comScore's third party partners.
10.

It is my understanding that comScore, on or about October 2011, took and saved

screenshots of the comScore disclosure from each active third-party U.S. vendor. Each and
everyone of these screenshots were included as part of Exhibit A to comScore's Supplemental
Interrogatory Responses.
11.

None of the documents collected and produced by comScore in response to

Plaintiffs' Discovery Requests were collected from a storage location. All collected documents
were housed on comScore's active company systems.
12.

I hereby declare under the penalty of peljury that all statements made herein are

true and correct.

Executed this 18 th day of May, 2012.

04692.62386/4766459. 1

. hae Brown
Chief Technology Officer
comScore, Inc.

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