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

Filing 178

DECLARATION re #177 Memorandum in Support of #176 MOTION for Summary Judgment on Plaintiffs' Claim of Copyright Infringement by Dustin Moskovitz, Andrew McCollum, Thefacebook LLC, Facebook, Inc., Mark Zuckerberg. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #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)(Chatterjee, I.) Modified text on 2/13/2008 (Seelye, Terri).

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Connectu, Inc. v. Facebook, Inc. et al Doc. 178 Att. 7 EXHIBIT 7 Dockets.Justia.com UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS . . . V. . . FACEBOOK, INC., et al . Defendants . ............. CONNECTU, INC. Plaintiff CIVIL ACTION NO. 07-10593-DPW BOSTON, MASSACHUSETTS NOVEMBER 19, 2007 TRANSCRIPT OF MOTION HEARING BEFORE THE HONORABLE ROBERT B. COLLINGS UNITED STATES MAGISTRATE JUDGE APPEARANCES: For the plaintiffs: Daniel P. Tighe, Esquire Griesinger, Tighe & Maffei, LLP 176 Federal Street Boston, MA 02110 617-542-9900 dtighe@gtmllp.com Adam Wolfson, Esquire Quinn Emanuel Urquhart Oliver & Hedges, LLP 51 Madison Avenue New York, NY 10010 For the defendants: I. Neel Chatterjee, Esquire Orrick, Herrington & Sutcliffe, LLP 1000 Marsh Road Menlo Park, CA 94025 650-614-7400 nchatterjee@orrick.com Monte Cooper, Esquire Orrick, Herrington & Sutcliffe, LLP 1000 Marsh Road Menlo Park, CA 94025 650-614-7375 mcooper@orrick.com MARYANN V. YOUNG Certified Court Transcriber Wrentham, MA 02093 (508) 384-2003 For Edward Saverin: Daniel K. Hampton, Esquire Holland & Knight, LLP 10 St. James Avenue Boston, MA 02116 Dan.hampton@hklaw.com Court Reporter: Proceedings recorded by digital sound recording, transcript produced by transcription service. MARYANN V. YOUNG Certified Court Transcriber Wrentham, MA 02093 (508) 384-2003 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 30 to the moment that Mark Zuckerberg created facebook.com because that was the moment when he had just come out of having access to the Harvard Connection.com code. What Facebook is trying to do is have you read this THE COURT: Well wait a minute, where is, you know you folks are bringing up things-MR. WOLFSON: THE COURT: MR. WOLFSON: THE COURT: Sorry. --about the-Yes. --that, you know, that I assumed was you had received and you're saying you haven't received and is there an issue with respect to what you just mentioned? sit down, please. You'll get a chance. Yes, Your Honor. Go ahead. We have requested Just MR. WOLFSON: code going back to February 2004. from January 2004. We now actually have code We requested code from Facebook that was Mark Zuckerberg's process leading up to Facebook, the code that he wrote for Harvard Connection in late 2003, early 2004. Your Honor had a September, you know, on September 13th order asking them to locate relevant code-THE COURT: MR. WOLFSON: Right. --among others was early facebook.com code as well as literally a Harvard Connection code that Zuckerberg worked on. Your Honor. That I believe is almost a direct quote, This is the code that we are looking for so we can MARYANN V. YOUNG Certified Court Transcriber (508) 384-2003 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 31 actually make this line-by-line comparison that the defendants are requesting. Now that we have late January 2004 facebook.com code this is finally a point where we can actually make a comparison. If you look at the motion, Your Honor, the actual It asks for line-by-line motion itself, it asks for this. comparisons of code and asks for the facts which we will assert the copyright infringement. THE COURT: So what are you saying, you don't necessarily object to this motion, you just wanted some more time to do it? Is that what you're saying? Your Honor, I have no problem MR. WOLFSON: representing that once we actually make this comparison we will certainly supplement. THE COURT: MR. WOLFSON: Well when will that be? Well our expert is currently finishing Facebook defendants up with the imaging protocol as we speak. granted him an extra week. that is done. We could get it to him as soon as And I assume that that will be, that will start in December and we would have to talk with him about their holiday schedule but I assume early 2008, January, February, Your Honor. THE COURT: response to that? MR. CHATTERJEE: Your Honor, there's two responses All right, Mr. Chatterjee what's your MARYANN V. YOUNG Certified Court Transcriber (508) 384-2003 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 32 that I have to that. The first point that I want to make is this code that Mr. Wolfson is referring to is code that we found and we produced last week, one week after having located it. Now, they agreed to supplement months before that. They obviously had something in mind as to what their basis was. That's the first point. they have asserted-THE COURT: Well, it could very well be that their The second point I'll make is that supplementation would be very different once they've done this comparison that they're talking about. So, I mean my question is is there any reason why I shouldn't just allow this motion and order that it be, you know, that it be produced January 15th or something of that sort? MR. CHATTERJEE: That would be fine, Your Honor. I want to enforce the agreement and I want to know what their basis is. THE COURT: Enforce what agreement? Enforce the agreement that they MR. CHATTERJEE: would actually supplement which they have run away from. THE COURT: Well, now there's going to be an order that they supplement by a certain date in January so. MR. CHATTERJEE: THE COURT: Okay. The agreement then is sort of Is that all right? transmogrified into an order. MR. CHATTERJEE: I understand, Your Honor, and yes. MARYANN V. YOUNG Certified Court Transcriber (508) 384-2003 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 34 I, Maryann V. Young, court approved transcriber, certify that the foregoing is a correct transcript from the official digital sound recording of the proceedings in the above-entitled matter. /s/ Maryann V. Young January 3, 2008 MARYANN V. YOUNG Certified Court Transcriber (508) 384-2003

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