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

Filing 135

DECLARATION re #132 MOTION to Compel Plaintiffs to Image and Search Their Memory Devices For Source Code, And To Comply with Requests for Production Nos. 102, 67-68 and 117 by Dustin Moskovitz, Andrew McCollum, Thefacebook LLC, Facebook, Inc., Mark Zuckerberg. (Attachments: #1 Exhibit 1A#2 Exhibit 1B#3 Exhibit 2#4 Exhibit 3, 4, 20, 21, and 22 (UNDER SEAL)#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10#11 Exhibit 11#12 Exhibit 12#13 Exhibit 13#14 Exhibit 14#15 Exhibit 15#16 Exhibit 16#17 Exhibit 17#18 Exhibit 18A#19 Exhibit 18B#20 Exhibit 18C#21 Exhibit 19A#22 Exhibit 19B#23 Exhibit 23#24 Exhibit 24#25 Exhibit 25)(Sutton, Theresa) Additional attachment(s) added on 10/26/2007 (Nici, Richard).

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

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EXHIBIT 2

Dockets.Justia.com

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ---------------------------

FACEBOOK, INC., and MARK ZUCKERBERG, Plaintiffs Docket No. 5:07-CV-01389

CONNECTU, INC. (formerly known as CONNECTU, LLC), et al., Defendants ----------------------------VIDEOTAPED 30(b)(6) DEPOSITION OF DAVID TUFTS In Re: IMARC LLC Friday, October 5, 2007, 9:20 a.m. Proskauer Rose LLP One International Place Boston, Massachusetts 02110

-------Reporter:

ALAN H. BROCK, RDR, CRR-------

FARMER ARSENAULT BROCK LLC, for: LiveNote World Service, 221 Main Street, Suite 1250 San Francisco, California 94105 Phone: [phone] Fax: [phone]

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APPEARANCES: For Plaintiffs Neel Chatterjee, Esq. Theresa A. Sutton, Esq. Orrick, Herrington, & Sutcliffe, LLP 1000 Marsh Road Menlo Park, California 94025 650.614.7307 Fax: [phone] [e-mail] [e-mail]

For Defendants Christopher S. Schultz, Esq. Finnegan Henderson Farabow Garrett & Dunner LLP 55 Cambridge Parkway Cambridge, Massachusetts 02142 617.452.1600 Fax: [phone] [e-mail]

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For ConnectU in Massachusetts litigation Meredith H. Schoenfeld, Esq. Finnegan Henderson Farabow Garrett & Dunner LLP 901 New York Avenue, N.W. Washington, D.C. 202.408.4000 20001

fax: [phone]

[e-mail]

For Eduardo Saverin in Massachusetts litigation Daniel K. Hampton, Esq. Holland & Knight LLP 10 St. James Avenue, 11th Floor Boston, Massachusetts 617.523.2700 02116

fax: [phone]

[e-mail]

For iMarc LLC and the witness Stephen Y. Chow, Esq. Burns & Levinson LLP 125 Summer Street Boston, Massachusetts 617.345.3000 02110

fax: [phone]

[e-mail]

ALSO:

Rosa Fox-Ogg, Jared Drewniak, Videographers

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October 5, 2007 PROCEEDINGS THE VIDEOGRAPHER:

9:20 a.m.

Here begins the

30(b)(6) deposition of David Tufts, Tape 1, Volume 1, in the matter of Facebook, Inc., et al. versus ConnectU, et al. in the United States District Court, Northern District of California, San Jose Division, Case No. 5:07-CV-01389-RS. Today's date

is October 5th, and the time on the video monitor is 9:21. The video operator today is Rosa Fox-Ogg,

representing LiveNote World Service, located at 221 Main Street, San Francisco, California 94105, phone number 415-321-2300. The court reporter is Alan H.

Brock, of the firm Farmer Arsenault Brock, on behalf of LiveNote World Service. Today's deposition is

being taken on behalf of the plaintiffs and is taking place at One International Place, Boston, Massachusetts. Counsel, please introduce yourselves and state whom you represent. MR. CHATTERJEE: This is Neel Chatterjee

and Theresa Sutton, representing Facebook, Inc., and Mark Zuckerberg. MR. HAMPTON: My name is Dan Hampton. I

don't represent a party in the California case, but

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addresses were at iMarc.

Mr. Bushee, do you know

what his email address was? A. Q. A. Q. A. Q. A. Q. [e-mail]. And Nick Grant? [e-mail]. Fred LeBlanc? [e-mail]. And Marc Pierrat? Marc, M-a-r-c, @imarc.net. So emails with those email headers would be

emails that originated from the people that you identified? A. If the header was the "from" address. MR. SCHULTZ: for speculation. Q. So if it said [e-mail], it would be Sorry. Objection, calls

an email that came -- if it said from Bill at imarc.net, it would be an email from Bill Bushee. MR. SCHULTZ: A. Same objection. Should I

This is what I don't understand:

still answer the question? Q. A. Q. Yes. Yes. As I said, when he lodges an objection or

anybody lodges an objection, as long as the question

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is clear to you, you can go ahead and answer it. A. Q. All right. Is there a general practice at iMarc for

people to use each others' email addresses? A. Q. I don't understand that question. So, for example, would Mr. LeBlanc

generally be allowed to use Mr. Bushee's email address? MR. SCHULTZ: A. Objection, vague.

I don't know of any case where that's

happened. Q. Now I'm going to turn to a different topic.

I want to talk to you about ConnectU, Cameron and Tyler Winklevoss, and Divya Narendra. recall -Well, let me start with this: Have you Do you

ever met, either electronically, through an email or the like, or live, Divya, Cameron Winklevoss, or Tyler Winklevoss? MR. SCHULTZ: A. Q. Yes. When was the first time that you met any Object to the form.

one of those people? MR. SCHULTZ: A. Object to the form.

This is including electronically, you said?

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Q. A. Q. A. Q.

Yes. Whenever the first email is. Can you give me an estimate as to time? 2003. Do you recall the first time you met them

via a telephone call or in person? MR. SCHULTZ: A. Object to the form. I'm

I don't recall the first time.

guessing it was probably after that. Q. iMarc? MR. SCHULTZ: A. Q. A. Q. Objection, foundation. And do you recall who it was that contacted

I believe one of the Winklevosses. One of the Winklevoss brothers? Yes. Do you recall why they said they were

contacting iMarc? MR. SCHULTZ: Objection, foundation.

Assumes facts not in evidence. A. I was not part of the original. That would

be typical of a client.

Specifically, in this case, That

the client contacts our sales department.

would have been Marc -- to talk about a probable job. And then after it was ironed out, it would go So I don't recall who

to me or the production team.

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contacted us first and why, but I'm guessing it's all in those emails. Q. And when you said you were contacted --

iMarc was contacted about a possible job, what did you understand the job ultimately to be? A. By the time Marc presented it to me, I

believed it to be a social networking site. Q. site"? A. A website where people can create profiles What do you mean by "social networking

about themselves to interact with or network with other people on the website, either for personal dating reasons or professional reasons. Q. Please explain a little bit more what you

mean by that. MR. SCHULTZ: A. I'm not sure. Objection, vague.

Can you ask me a specific

question? Q. Sure. You described the scope of the Did I

project being a social networking website. get that right? A. Q. Yes.

And you said that it was a website where

people can create profiles to interact with others for dating or professional reasons.

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A. Q.

Correct. Maybe I can probe a little bit more into

what you mean by "dating and professional reasons." Let me ask the question, first: What

did you mean when you said "for dating reasons"? A. I believe that they wanted to allow their

users to create profiles so they could meet, connect with other people for personal reasons -friendship, dating. The website was really just

about bringing people together, and from then on, it's not going to impose any rules about dating or something like that. meeting. Q. That was the scope of the project they It's mostly about just

presented. A. Q. Yes. And what about professional reasons? What

do you mean when you said that? A. Perhaps someone would create a profile much Other people in a company could

like a resume.

search through or look for specific people to hire, to work with, things like that -- professional business. Q. And were you given any guidance when you

were given the scope of this project about what to

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look at to develop this website? A. Q. A. Yes. And what guidance were you given? By the time it came to me with a proposal,

there was a number of benchmarking sites -match.com, I believe, rise.com, thefacebook.com, friendster.com -- and then also some -- so those were all, especially friendster.com -- those were all social networking sites that were already out on the Internet that did something similar. And they

also gave us a number of benchmarking sites for the visual look and feel. Most of those sites were And they sent

really stripped down and technical.

us, I believe, YSL, which might be a fashion company, a couple of sites that we had actually developed they liked the look at -- look of. So

they gave us a couple other, maybe four sites -again, it's in those emails -- of benchmarking sites which they liked the look of. So we had a couple of

sites that they liked features from, a couple of sites that they liked the look of. Q. You mentioned these benchmarking sites.

Were you told to do anything specifically with respect to your review of the match.com website? A. No. I think that they pointed out features

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that they liked.

Again, this is just from me I noticed

recently looking through these emails.

that on match.com there was a feature where, I think you could wink at someone. If you had a profile and

-- if I had a profile and you had a profile and I found you attractive, I could wink at you and send you a little email. They liked something like that,

and I think we ended up implementing something similar to that. That was something from match.com

that they found appealing. Q. And what about rise.com? Do you remember

anything specific that they identified that they wanted? MS. SCHOENFELD: A. Objection, relevance.

I believe rise.com did a good job of

presenting professional profiles, much like, you know, a resume, but online. Q. Anything else? MS. SCHOENFELD: A. Q. No. What about thefacebook.com? What did they Same objection.

identify from that? MS. SCHOENFELD: A. Same objection.

Some of the features that -- I think the

Facebook had more of a mix of the professional and

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Q. about? A.

Was this the mockup that you were talking

I think this was more of the concept.

There actually was -- yeah, this is not HTML, I don't think. This looks like it might have been,

you know, a text document or a Word document. Q. And if you look at the top part of this

document, it says "My date profile" and "My connect profile." A. Q. Do you see that?

Yes. When you originally learned of the project

that iMarc was being hired for, were those the terms that you recall being used? A. No. If you had mentioned "My connect

profile," that would not ring a bell with me. Q. Do you ever remember discussing this

document with anybody? A. No. I remember looking at it and seeing

Typically, a client comes to iMarc, works with They

the sales team -- in this case Marc Pierrat.

go through a couple of revisions of site maps -basically, the organization of all the pages; maybe some wire frames, sometimes is what we call this, which looks like what the Web page would look like, just represented in text.

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Usually it goes through a couple of revisions, and then when it's finalized, we started building it. We never actually built -- I don't think we ever built anything with "My connect profile," terms like that. There's like 15 pages of forms to

fill out for your profile, and we never actually built a form this complex. Q. Did you ever receive code that had already

been written before you started work, from the Winklevoss brothers or Divya Narendra? A. Yes. Well, there was HTML, which I'm not I wouldn't. There's no

sure if you call that code. back-end code. code. Q.

There's no database, no scripting

There was HTML and graphics. Describe what you were given from the

Winklevoss brothers or Divya Narendra before you started work. MS. SCHOENFELD: Objection, vague.

They gave us a CD with some -- again, I'm

calling them HTML mockups, nonworking -- HTML versions of what they thought the Web page would look like. I'm not sure if they actually came with

like a request -- you know, an RFP or anything like that -- or if they just talked about it with Marc

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and they collaboratively developed this document. But typically, I think by the time it came to us, there was like a plan that was like, "Here's what we're going to build." Q. And do you know if the plan that was

created by Marc Pierrat -- and I'm going to use the name Marc Pierrat because there are two Marks in this case. Pierrat. A. Q. Uh-huh. Do you know if the plan that was developed There's Mark Zuckerberg and Marc

by Marc Pierrat with the Winklevoss brothers and Divya Narendra was based upon anything that had been previously done? MR. SCHULTZ: overbroad. A. I wouldn't say that Marc Pierrat developed I would say that Marc Pierrat worked with Objection, vague and

the plan.

HarvardConnection, helping them develop a plan and coaching them on what might work. there was a plan developed. developed it. But regardless,

I'm not sure who

But typically, it's not us who We coach them

invents the website for the client.

and help them and tell them what we think will work. So I think when -- again, the HTML

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mockup that they showed us on a CD had, maybe it was called connect profile and date profile; but by the time we actually started creating a website, I believe that there was a single profile at that point. Q. A. So, again, I'm not sure. A single profile for both? Yes. We didn't build a website that had my

date profile and my connect profile. Q. Now, the CD that you talked about that you

received, was it ever represented to you that it included the HarvardConnection code? A. Q. What do you mean by "code"? Were you ever told that "This is the code

that we've developed so far for HarvardConnection"? MR. SCHULTZ: A. Objection, vague.

I'm not sure if they -- I'm not sure if

anyone told us that. Q. Do you know if these HTML mockups that you

received had any database structures associated with the website? A. I do not -- I mean, no, I don't think so. MR. CHATTERJEE: Exhibit 65. (Exhibit 65 marked for identification.) Q. After you've reviewed it, let me know when Let's mark this as

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you're done. A. Q. I've reviewed it. Mr. Tufts, do you recognize what I've

handed to you as Exhibit No. 65? A. Q. Yes. It is "my personal rent."

And when you say "my personal rent," that's

an email that you've written? A. It was an email that I authored, sending it

to myself, Nick Grant, and Nils Menten, collectively known as [e-mail]. Q. 2005? A. Q. I would say exactly on that date. If you look at the third paragraph of the Do you see that? And you authored this on about June 22nd,

email, it starts with "ConnectU." A. Q. Yes.

"ConnectU came to us with a specification

and design for harvardconnection.com which did not look or act anything like Facebook." that? A. Q. Yes. Could you describe what you meant when you Do you see

wrote that? A. I meant that they came to us with something

really complicated, like this, and by the time we

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It's more concepts.

But friendster.com was doing

groups, and Friendster was a really similar layout as well. Q. A. Q. Had a similar layout to whom? Facebook and ConnectU. And any other websites that had some

similar features to Facebook and Friendster that you're aware of? A. I think I touched on match.com had a wink We implemented a Facebook had

feature, and they liked that.

feature called like Wave, I think. something called Poke.

I think that all the social

networking sites had similar features. Q. This HTML code that you received from the

Winklevoss brothers or Divya Narendra, do you know which of those three people it came from? A. Q. No. Do you remember anyone ever telling you

that someone named Vic was sending you a CD of code? A. Q. I don't remember that. Of the materials that were originally given

to you or given to iMarc by the ConnectU founders, Divya Narendra, Winklevoss -- let me restate that. Of the materials that were originally given to you by the ConnectU founders -- Divya

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Narendra, Tyler Winklevoss, and Cameron Winklevoss -- were any of those materials ultimately used to build the ConnectU website? A. Q. A. Q. No. Do you know if they're in use today? I don't know if they're in use today. As of -- well, let me step back. Was there

a time when the relationship between ConnectU and iMarc ended? A. Q. A. Q. A. Was there a time? Yes. Yes. And approximately when was that time? By the tone of voice of this personal rant I

here, I would say it was before June 22nd, 2005. think sometime in 2004 we wanted -- we moved them

off our server, that we were having some issues with them. So yeah, I mean, I'd say at least a year

before this. Q. And as of a year before this email, June

2004, were any of the ideas that were originally provided to you by the ConnectU founders -- Divya Narendra, Cameron Winklevoss, and Tyler Winklevoss -- being used on the ConnectU website? MR. SCHULTZ: Objection, vague and

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overbroad; also vague as to time. A. I think the only thing -- the only

technical materials that they provided us was a CD with some HTML on it and some graphics that looked like a Web page. it. It was unusable, and we never used

I don't even -- we glanced at it and realized

that it was not -- you know, it's not functioning. It's easier to start -- we're well ahead of that using our own tools. So no, we never -- iMarc never used any technical materials that ConnectU provided us. Q. And what about Exhibit 64? Was any of the

information in Exhibit 64 used in the ConnectU website? A. Yes. I mean, so, well, the concepts were.

So it looks like this first thing, Link 9, it says "date recommendation." It shows me "I'm a man, So this is

woman, looking for a man, woman."

telling me I can search for the people based on their gender and age. That was implemented.

"Connect to a student," the second one, it looks like I can look for people based on their major in school. So that concept was also implemented. Down this left column, "friend request," that was implemented. "My pictures," that concept,

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the ability to upload pictures, was implemented. "Comments," that was also implemented. "Messages,"

emailing people back and forth through the website, as opposed to traditional email clients, that also was implemented. "Shopping cart," I don't think it was. "Matchmaker," I'm not sure what that is. But yeah, a number of these concepts were actually implemented in the final -- on the first version of the website. Q. And those concepts that you just walked

through, were they concepts that you had seen on other publicly available websites? A. Q. Yes, and -- yeah, yes. Could you give some examples, please? MS. SCHOENFELD: A. Objection, relevance.

Any of the benchmarking websites --

match.com, rise.com, friendster.com, thefacebook.com. Q. Did any of the ConnectU founders ever tell

you that Mark Zuckerberg had stolen their idea? A. Q. A. Yes. When was the first time they told you that? The first time -- again, they may have The

talked about this earlier with Marc Pierrat.

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they delete them all.

IMarc does not -- it's a POP

mail server, so you download it and it's up the POP male server. Q. Well, iMarc doesn't go and erase emails

that people have that they've kept. A. Q. A. Q. A. Q. No. So the emails -IMarc does not do that. That would have to be an individual choice. Correct. Are you aware that iMarc produced a source-

code compact disk in this case? A. I think so, yes. MR. CHATTERJEE: Exhibit 67. (Exhibit 67 marked for identification.) Q. Mr. Tufts, you don't have to study this CD I'll represent to you that it is a copy Let's mark this as

carefully.

of the source code that was produced in this case. I want to go back to something we talked about earlier, where you mentioned that you'd received some HTML code. A. Q. Uh-huh. Do you know if any PHP code was provided to

iMarc by any of the founders of ConnectU?

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A.

I don't think so.

I remember looking at

two to three HTML pages. Q. I'm going to give you some documents and

see if it refreshes your recollection; and if it does, it does, and if it doesn't, it doesn't. MR. CHATTERJEE: Exhibit 68. (Exhibit 68 marked for identification.) A. to me. Q. A. Q. Do you know what TreeSize Professional is? No. What I've handed you, Exhibit No. 68, are This does not -- this doesn't mean anything Let's mark this as

the folder contents of a document that was produced to us in this litigation. source-code CD. It's actually on that

Do you recognize any of the file

names that are listed? A. Q. No. And you don't recall receiving any

documentation with respect to these files from the founders of ConnectU? A. No. I can give you an educated guess,

based on the directory structure here. Q. I don't want you to give an educated guess.

Are you talking about this last-change indicator?

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A.

No, the 2004 0101-client_supply_site.

I am

guessing that ConnectU gave us the CD, we threw it up on our Web server in that folder. I think this

is where we probably looked at some of these pages and realized that this is just a complete mess and not worth looking into. Q. So you don't remember looking at this at

A.

Again, like I said before, we looked at a By looking at this directory

couple of pages.

structure, it would take longer to figure out what's going on here than to just, you know, figure out what the client wants and solve their problem. So

we probably got the CD from them, threw it in our file server for archive purposes, and that's what this is. But no, we didn't -- I certainly --

there's no code in here that we could have -there's nothing in here that we used. Q. A. It was all abandoned? It wasn't even -- it wasn't even -- we

didn't even use it to abandon. MR. SCHULTZ: "abandoned." A. To abandon it, you have to start using it Object to the term

and then abandon it.

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Q.

That's a fair point.

That's a fair point.

You never made use of it in developing the connectu.com website. A. Q. Correct. So if I were to show you excerpts of that

code, you don't think it would refresh your recollection as to anything. A. I think visually if you showed me the front

page, it said like "HarvardConnection" with some sort of brown picture, visually -- that's what we looked at, and we said this doesn't look good, the code isn't good, we're not using any of this. "If

you want to make a website with us, we're going to make a Website our way." Q. And let me drill down a little bit on that.

For example, I have here some excerpts of PHP codes and table structures that are based upon files in those directories. A. Q. Uh-huh. And what you're telling me is you never

looked at any of that. A. Q. No. What was the financial arrangement between

iMarc and the ConnectU founders? MS. SCHOENFELD: Objection, relevance;

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objection, vague. A. Q. A. Q. What was the financial obligation? Arrangement. Arrangement? Let me state it a different way: Describe

to me what you understood the contractual relationship between iMarc and the ConnectU founders or anybody with respect to the ConnectU website. MS. SCHOENFELD: MR. SCHULTZ: A. Same objection.

Objection, foundation.

We -- they came to us, described a website Our sales, business-development

that they wanted.

team worked with ConnectU to roughly define a scope. They put a time line and a budget on that. either 30 or 50 percent upfront. If it's 30 We get

percent, we get another 30 percent in the middle, and a final payment at the end. website. We build the If they

And there's no ongoing contract.

want to add updates after the fact, it's either hourly, or if it's a really large update -- again, we define what it's going to be, how long it's going to take, and put a price to it. Q. A. Q. Who did iMarc sign a contract with? I don't know if it was -- I don't know. Do you know if it was with ConnectU, LLC?

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contract with Mark Zuckerberg? MR. SCHULTZ: scope of the deposition. A. Q. Not that I remember. Did they ever tell you that Mark Zuckerberg Objection, outside the

was a partner in their project? MR. SCHULTZ: A. Q. Same objection.

Not that I remember. Do you remember at any point in time any of

the ConnectU founders telling you to keep information confidential that they were sharing? MR. SCHULTZ: Objection, outside the

scope of the 30(b)(6) topics. A. Q. I don't remember that, no. We'll go through a few more names, not

iMarc names. Are you familiar with someone by the name of David Gucwa? A. Again, I'll probably -- if I saw his name

printed -- the pronunciation doesn't sound familiar. If I saw it printed -- a lot of these people are just email addresses to me, so if you showed me his name printed -Q. recall. He's not actually in any emails that I I just wondered if you'd heard the name.

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A. Q. A. Q. A.

No. It's G-u-c-w-a. I don't know. What about John Taves, T-a-v-e-s? Yes, I believe that he was sort of the new He was technically in charge of

webmaster, maybe.

the site after we -- he took over after we were done. Q. Have you ever had conversations with

Mr. Taves? A. Q. Yep. And when do you remember having your first

conversation with him? A. I'm not sure of the exact -- maybe late When we were -- we -- iMarc

2004, or summer 2004.

moved ConnectU off of our servers, onto their own server, he seemed to be the one who was going to take over, technically take over. So there was a

couple of conference calls, talking about where files were, where stuff was. Q. servers? A. We just weren't happy with stuff they were Why was ConnectU being taken off of your

asking us to do, and we just weren't happy with our relationship with them.

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Q. A.

Describe what you mean by that. They asked us to do a couple of things that

we deemed unethical, and they actually seemed to do something -- seemed to send out emails that we saw, and we didn't want that happening on a server that we managed. Q. A. Anything else? Just in general we just weren't happy

working with them any more. Q. Other than the email issue, when you say

you generally weren't happy, what was prompting those feelings? A. I think I touched on in that personal rant,

where they were just telling us to "Do this, add this, add this," and that's not really how we work and like to work. We were growing and had enough

other clients that we just really didn't want to work that way with them. Compound that with a

couple of unethical things that they seemed to be doing, we just didn't want any part of managing their server or working with them any more. Q. Were you concerned at all for iMarc's

liability associated with some of those activities? A. Q. Oh, yeah, sure, yep. Describe what you mean by that.

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A.

If it's a server that we manage that might

have other clients on it and someone sends out mass emails from it and the server gets blacklisted -which would mean that it's known to send spam, so email clients won't accept mail from that -- if they're sending spam, it gets the whole server blacklisted, and we have other clients that suddenly their email stops working. deal with that. Q. by that? A. Sending out email without someone signing So we didn't want to

That's not what we do. What do you mean

You used the term "spam."

up for it or requesting it. Q. Did you ever tell the Winklevoss brothers

or Divya Narendra that you didn't -- that you found these emails unethical? A. Q. Yes. Tell me when you first discussed that issue

with any of them. A. It's in one of the emails. It's referenced

in the bullet list in the back of the thing, where they sent out a number of emails, 6:00 a.m. by a.m. we saw, what are they doing, and we disabled the ability to do that and talked with them about it.

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Q.

I'll ask a little bit more about that a

little bit later today. I want to go back to John Taves. So

after migrating the ConnectU website from the iMarc servers to John Taves -Does he have a business? A. I think originally -- so iMarc hosted a So we buy one

number of websites on shared servers.

single piece of hardware and can fit, you know, 40 to 50 websites on it. Step No. 1, when we saw that,

you know -- when we started to question their ethics, we told them, "You guys get your own server. You sign up for it, and we'll help you move stuff there." I don't know if John Taves had anything to

do with that, if he actually owned the server or whatnot. server. So it's not saying it's John Taves' It's a server that ConnectU set up. They

gave us the log-in information to move everything to. So I think that was before there was any talk

of John Taves. Q. And so what was the first circumstance you

remember having an interaction with John Taves? A. I think he wanted to add a feature to the

website, and he was obviously taking over the webmastering stuff. We were not as responsive with

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CERTIFICATE OF COURT REPORTER I, Alan H. Brock, Registered Professional Reporter and Certified Realtime Reporter, do certify that the deposition of David Tufts, in the matter of Face Book, Inc., and Mark Zuckerberg v. ConnectU, Inc., et al., on October 5, 2007, was stenographically recorded by me; that the witness provided satisfactory evidence of identification, as prescribed by Executive Order 455 (03-13) issued by the Governor of the Commonwealth of Massachusetts, before being sworn by me, a Notary Public in and for the Commonwealth of Massachusetts; that the transcript produced by me is a true and accurate record of the proceedings to the best of my ability; that I am neither counsel for, related to, nor employed by any of the parties to the above action; and further that I am not a relative or employee of any attorney or counsel employed by the parties thereto, nor financially or otherwise interested in the outcome of the action.

_____________________________ Alan H. Brock, RDR, CRR

October 9, 2007

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