Righthaven LLC v. Vote For The Worst, LLC et al

Filing 16

DECLARATION of Joseph C. Chu re 15 Response to Motion ; by Plaintiff Righthaven LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Coons, John)

Righthaven LLC v. Vote For The Worst, LLC et al

Doc. 16

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J. CHARLES COONS, ESQ. Nevada Bar No. 10553 [e-mail] Assistant General Counsel at Righthaven JOSEPH C. CHU, ESQ. Nevada Bar No. 11082 [e-mail] Staff Attorney at Righthaven Righthaven LLC 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701 [phone] Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

RIGHTHAVEN LLC, a Nevada limitedliability company,

Case No.: 2:10-cv-01045-KJD-RJJ DECLARATION OF JOSEPH C. CHU IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS

Plaintiff,
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v.
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VOTE FOR THE WORST, LLC, a Utah limited-liability company; NATHAN E. PALMER, an individual; and DAVID J. DELLA TERZA, an individual, Defendants.

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I, Joseph C. Chu, declare, under penalty of perjury, that the following is true and correct:

1.

I am an attorney-at-law admitted to practice in all courts of the State of Nevada. I

have personal knowledge of the facts set forth below, except for those factual statements expressly made upon information and belief, and as to those facts, I believe them to be true. I am over eighteen years old and I am competent to testify to the matters set forth herein. 2. I represent Plaintiff Righthaven LLC, in the capacity of staff attorney, in the

above-referenced matter.

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Dockets.Justia.com

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3.

On or about August 26, 2010, I accessed the Internet domain found at

<votefortheworst.com> (the "Website"). 4. While accessing the Website, I searched for, but was unable to locate, any rules,

instructions, policies, or procedures posted on or otherwise displayed by the Website pertaining to the protection or enforcement of copyright laws on the Website. 5. On or about August 26, 2010, I searched the "Forum" section of the Website,

wherein I located user posts depicting apparent reproductions of literary works published by the following sources: <usatoday.com>, <mtv.com>, and <ktla.com>, evidence of which is attached hereto as Exhibits 1-3. (Ex. 1-3.) 6. All user posts located on the Website depicting apparent reproductions of literary

works, as referenced in the preceding paragraph, appear to have been posted on the Website on or following April 20, 2010. (See Ex. 1-3.) 7. On or about August 30, 2010, I accessed the Directory of Service Provider Agents

for Notification of Claims of Infringement section of the United States Copyright Office website, found at the Internet URL: <copyright.gov/onlinesp/list/v_agents.html> (the "OSP List Website"). 8. While accessing the OSP List Website, I observed that neither the Internet

Domain found at <votefortheworst.com> nor Defendant Vote for the Worst, LLC were listed on the OSP List Website, evidence of which is attached hereto as Exhibit 4 in form of a printout of the relevant portion of the OSP List Website. (Ex. 4.)

Signed and affirmed this first day of September, 2010 under the pains and penalties of perjury of the State of Nevada and of the United States of America.

/s/ Joseph C. Chu JOSEPH C. CHU, ESQ.

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CERTIFICATE OF SERVICE Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that I am an employee of Righthaven LLC and that on this first day of September, 2010, I caused the DECLARATION OF JOSEPH C. CHU IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS to be served by the Court's CM/ECF system.

By: /s/ J. Charles Coons J. CHARLES COONS, ESQ. Assistant General Counsel at Righthaven Righthaven LLC 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701

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