Righthaven LLC v. Democratic Underground, LLC et al

Filing 96

DECLARATION of CLIFFORD C. WEBB In Support of Defendant Democratic Underground, LLC's First Motion to Compel the Production of Documents re 95 First MOTION to Compel the Production of Documents By Defendant Democratic Underground, LLC and Memorandum of Points and Authorities In Support Thereof ; filed by Defendants David Allen, Democratic Underground, LLC. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF)(Webb, Cliff)

EXHIBIT B

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LAURENCE F. PULGRAM (CA State Bar No. 115163) (pro hac vice)
[e-mail]
CLIFFORD C. WEBB (CA State Bar No. 260885) (pro hac vice)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, California 94104
Telephone:
[phone]
Facsimile:
[phone]
KURT OPSAHL (CA State Bar No. 191303) (pro hac vice)
[e-mail]
CORYNNE MCSHERRY (CA State Bar No. 221504) (pro hac vice)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
454 Shotwell Street
San Francisco, California 94110
Telephone:
[phone]
Facsimile:
[phone]
CHAD BOWERS (NV State Bar No. 7283)
[e-mail]
CHAD A. BOWERS, LTD
3202 West Charleston Boulevard
Las Vegas, Nevada 89102
Telephone:
[phone]
Attorneys for Defendant and Counterclaimant
DEMOCRATIC UNDERGROUND, LLC, and
Defendant DAVID ALLEN
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
RIGHTHAVEN LLC, a Nevada limited liability company,
Plaintiff,
v.
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company; and DAVID ALLEN,
an individual,
Defendants.
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company,
Counterclaimant,
v.

Case No. 10-cv-01356-RLH (RJJ)
DEFENDANT AND
COUNTERCLAIMANT
DEMOCRATIC
UNDERGROUND LLC’S
FIRST SET OF REQUESTS
FOR PRODUCTION OF
DOCUMENTS TO
PLAINTIFF AND
COUNTERDEFENDANT
RIGHTHAVEN LLC

RIGHTHAVEN LLC, a Nevada limited liability company,
and STEPHENS MEDIA LLC, a Nevada limited-liability
company,
Counterdefendants.
DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

CASE NO. 10-CV-01356-RLH (RJJ)

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PROPOUNDING PARTIES:

Defendant and Counterclaimant DEMOCRATIC
UNDERGROUND, LLC

RESPONDING PARTY:

Plaintiff Righthaven LLC

SET NUMBER:

One (Nos. 1-62)

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Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Defendant and

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Counterclaimant DEMOCRATIC UNDERGROUND, LLC (“Democratic Underground”)

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requests that Plaintiff and Counterdefendant RIGHTHAVEN LLC (“Plaintiff” or “Righthaven”)

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respond hereto in writing and produce and permit inspection and copying of each of the following

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documents and tangible things. Democratic Underground requests that the documents and things

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be produced within thirty (30) days of service hereof to the offices of Fenwick & West LLP.
DEFINITIONS

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The following definitions and instructions apply to each request:

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1.

“DU” or “Democratic Underground” means Defendant and Counterclaimant

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Democratic Underground, LLC, and any present or former officers, directors, employees, agents,

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representatives, attorneys, or ALL other PERSONS acting, or purporting to act, on its behalf.
2.

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“Defendants” means, collectively, Democratic Underground and Defendant David

3.

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“Righthaven” means Plaintiff and Counterdefendant Righthaven LLC, its parents,

Allen.

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subsidiaries, divisions, and affiliates, including, any present or former officers, directors, trustees,

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employees, agents, representatives, attorneys, or ALL other PERSONS acting, or purporting to

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act, on its behalf.

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4.

“Stephens Media” means Counterdefendant Stephens Media LLC, its parents,

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subsidiaries, divisions, affiliates, and predecessors, including, any present or former officers,

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directors, trustees, employees, agents, representatives, attorneys, or all other PERSONS acting, or

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purporting to act, on its behalf, and specifically including the Las Vegas Review-Journal, and the

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Arkansas investment banker Warren Stephens’ family.

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5.

“Steven Gibson” means the Las Vegas attorney Steven A. Gibson and Steven A.

Gibson, Chartered (a Nevada professional corporation).
DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

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CASE NO. 10-CV-01356-RLH (RJJ)

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6.

“YOU” or “YOUR” refers to Righthaven and any agent, representative, attorney,

or other PERSON, business, advisor, or legal entity acting, or purporting to act, on their behalf.
7.

“PERSON(S)” includes, without limitation, individuals, corporations,

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partnerships, limited partnerships, unincorporated associations, and ALL other governmental and

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nongovernmental entities.

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8.

“COMMUNICATION(S)” means any transmission or exchange of information,

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data, opinions, or thoughts, whether orally, in writing or otherwise, including but not limited to

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reports, mailings, conversations, meetings, letters, notes and telegraphic, facsimile, recordings,

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telex or computer-assisted electronic messages. References to COMMUNICATIONS with

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business entities shall be deemed to include present and former officers, directors, employees,

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agents, attorneys, and/or other representatives or PERSONS acting on behalf of such entities.

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9.

“RELATING TO” or “RELATES TO” means anything that, in whole or in part,

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constitutes, comprises, contains, describes, evidences, embodies, reflects, refers to, relates to,

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identifies, states, pertains directly or indirectly to, concerns, discusses, alludes to, responds to,

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mentions, comments upon, analyzes, explains, summarizes, or is in any other way relevant to the

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particular subject matter identified.

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10.

“DOCUMENTS” or “DOCUMENT” shall have the broadest meaning permitted

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by law, including, but not limited to, ALL electronic, written or printed matter, information,

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communication, or data of any kind, including without limitation e-mail, correspondence,

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memoranda, notes, opinions, journals, descriptions, recounts, minutes, agenda, contracts,

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agreements, reports, summaries, inter-office and intra-office COMMUNICATIONS, notations of

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any sort of conversations, diaries, appointment books or calendars, teletypes, telefax,

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confirmations, computer data (including information or programs stored in a computer, whether

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or not ever printed out or displayed) and all graphic or manual records or representations of any

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kind, including without limitation, digital images, photographs, microfiche, microfilm, videotape,

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records and motion pictures, and electronic mechanical, or electric records or representations of

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any kind including, without limitation, information on servers, hard drives, diskettes, CD-ROMs,

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DVDs, tapes, cassettes, discs, log files, databases, backups, magnetic cards and recordings, and
DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

2

CASE NO. 10-CV-01356-RLH (RJJ)

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shall also include but not be limited to anything and everything that would fall within the

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definition of “document” or “writing” as suggested within the Federal Rules of Evidence.

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11.

“COMPLAINT” means the complaint filed by Righthaven against DU and David

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Allen on or about August 10, 2010 in the United States District Court for the District of Nevada,

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Case No. 2:10-cv-01356 (Dkt. 1).

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September 27, 2010 in this action (Dkt. 13).

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“COUNTERCLAIM” means the Answer and Counterclaim filed by DU on

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“LVRJ” means the Las Vegas Review-Journal newspaper, its owners, parents,

subsidiaries, divisions, and affiliates, including, any present or former officers, directors, trustees,

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employees, agents, representatives, attorneys, or ALL other PERSONS acting, or purporting to

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act, on its behalf.

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“LVRJ WEBSITE” means all of the content located at www.lvrj.com, including

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but not limited to news articles, advertisements, links, editorial statements, and statement of

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policy.

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www.democraticunderground.com.

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16.

17.

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“WEB PAGE” means a document connected to the World Wide Web, consisting

of an HTML file and any related files for scripts and graphics.

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“NEWS ARTICLE” means the article underlying this action entitled “Tea Party

power fuels Angle” published on the LVRJ WEBSITE, shown in Exhibit 2 to the COMPLAINT.

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“DU WEBSITE” means all of the content located at

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“PAGE VIEW” means a request to load a single HTML file (' page') of an Internet

19.

“EXCERPT” means the portion of the NEWS ARTICLE posted on the DU

site.

WEBSITE, shown in Exhibit 3 to the COMPLAINT.
20.

The “JULY 19, 2010 ASSIGNMENT” means the purported copyright assignment

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between Stephens Media and Righthaven for the NEWS ARTICLE, attached as Exhibit 1 to the

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Declaration of J. Colby Williams in Support of Stephens Media’s Motion to Dismiss or Strike

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filed in this action (Dkt. 38).
DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

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CASE NO. 10-CV-01356-RLH (RJJ)

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21.

“SCHEDULING ORDER” means the Joint Discovery Plan and Scheduling Order

filed with the Court by the parties on December 3, 2010 (Dkt. 42).

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22.

“WEHCO Media” means WHECO Media, Inc. and WHECO Newspapers, Inc.,

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their parents, subsidiaries, divisions, affiliates, including, any present or former officers, directors,

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trustees, employees, agents, representatives, attorneys, or ALL other PERSONS acting, or

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purporting to act, on its behalf.

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“Media News Group” means Media News Group, Inc., its parents, subsidiaries,

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divisions, affiliates, including, any present or former officers, directors, trustees, employees,

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agents, representatives, attorneys, or ALL other PERSONS acting, or purporting to act, on its

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behalf.

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24.

The term “ALL” means “any and all.”

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25.

The terms “or” and “and” shall be read in the conjunctive and in the disjunctive

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wherever they appear such that neither of these words shall be interpreted to limit the scope of

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these requests.

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26.

Words in the singular shall, where the context permits, include the plural and

words used in the plural shall, where the context permits, include the singular.

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INSTRUCTIONS
1.

In answering the following requests for production, furnish all available

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documents in the possession, custody, or control of any of Righthaven’s attorneys, directors,

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officers, agents, employees, representatives, associates, investigators or division affiliates,

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partnerships, parents or subsidiaries and persons under Righthaven’s control.

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2.

Electronic records and computerized information must be produced in an

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intelligible format, together with a description of the system from which they were derived

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sufficient to permit rendering the records and information intelligible. Further, electronic records

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and computerized information must be produced pursuant to any agreement or agreements

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between the parties as reflected in the correspondence between the parties.

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DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

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CASE NO. 10-CV-01356-RLH (RJJ)

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3.

Selection of documents from the files and other sources and the numbering of such

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documents shall be performed in such a manner as to ensure that the source of each document

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may be determined, if necessary.

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4.

File folders with tabs or labels or directories of files identifying documents must

be produced intact with such documents.

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5.

Documents attached to each other shall not be separated.

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6.

If any information requested is claimed to be privileged, immune from discovery

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or otherwise not discoverable, please provide all information falling within the scope of the

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request for production which is discoverable, and for each item of information contained in a

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document to which a claim of privilege is made, identify such document with sufficient

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particularity for purposes of a motion to compel, such identification to include at least the

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following:

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(a)

the basis on which the privilege is claimed;

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(b)

the names and positions of the author of the document and all other persons

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participating in the preparation of the document;

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(c)

the name and position of each individual or other person to whom the

document, or a copy thereof, was sent or otherwise disclosed;

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(d)

the date of the document;

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(e)

a description of any accompanying material transmitted with or attached to

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such document;

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(f)

the number of pages in such document;

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(g)

the particular document request to which such document is responsive; and

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(h)

whether any business or non-legal matter is contained or discussed in such

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document.
7.

If Righthaven’s response to a particular request for production is a statement that it

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lacks the ability to comply with that request, it must specify whether the inability to comply is

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because the particular item or category of information never existed, has been destroyed, has been

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lost, misplaced, or stolen, or has never been, or is no longer, in Righthaven’s possession, custody,
DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

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CASE NO. 10-CV-01356-RLH (RJJ)

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or control, in which case the name and address of any person or entity known or believed by you

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to have possession, custody, or control of that information or category of information must be

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identified.

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8.

Unless otherwise specified, the time period for information requested includes

from January 1, 2009 through the present.

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REQUESTS FOR PRODUCTION
DOCUMENT REQUEST NO. 1:

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ALL DOCUMENTS supporting any allegations made in the COMPLAINT.
DOCUMENT REQUEST NO. 2:

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ALL DOCUMENTS supporting any allegations that may be made in any answer to the

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COUNTERCLAIM.

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DOCUMENT REQUEST NO. 3:

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ALL DOCUMENTS concerning any potential or actual assignment of rights in the NEWS

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ARTICLE to Righthaven.

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DOCUMENT REQUEST NO. 4:

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ALL DOCUMENTS reflecting any COMMUNICATIONS between Righthaven and any

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other PERSON or entity RELATING TO assignment or reversion of rights in the NEWS

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ARTICLE.

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DOCUMENT REQUEST NO. 5:

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ALL DOCUMENTS concerning any COMMUNICATIONS between Righthaven and

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Stephens Media RELATING TO assignment or reversion of rights in any other work.

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DOCUMENT REQUEST NO. 6:

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ALL DOCUMENTS concerning any COMMUNICATION between Righthaven and

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Stephens Media regarding conduct of, or claims against, Defendants.

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DOCUMENT REQUEST NO. 7:

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ALL DOCUMENTS concerning any joint defense, common interest, or other agreements

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for cooperation in litigation or preservation of privileges between Righthaven and Stephens

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Media.
DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

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CASE NO. 10-CV-01356-RLH (RJJ)

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DOCUMENT REQUEST NO. 8:
ALL DOCUMENTS that refer or RELATE TO any “monetary commitments” referenced

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in the JULY 19, 2010 ASSIGNMENT.

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DOCUMENT REQUEST NO. 9:

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ALL DOCUMENTS that refer or RELATE TO any “commitments to provide services

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and/or already provided” referenced in the JULY 19, 2010 ASSIGNMENT.

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DOCUMENT REQUEST NO. 10:

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ALL DOCUMENTS that refer or RELATE TO any “right of reversion” referenced in the
JULY 19, 2010 ASSIGNMENT.
DOCUMENT REQUEST NO. 11:
ALL DOCUMENTS that refer or RELATE TO any “good and valuable consideration”

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referenced in the JULY 19, 2010 ASSIGNMENT.

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DOCUMENT REQUEST NO. 12:

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ALL DOCUMENTS RELATING TO Righthaven’s use or potential future uses of the

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NEWS ARTICLE.

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DOCUMENT REQUEST NO. 13:

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ALL DOCUMENTS reflecting the names and addresses (whether electronic mail

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addresses or otherwise) of any PERSON communicating about Defendants’ use of the NEWS

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ARTICLE, including any individuals at Righthaven, at Stephens Media, or any other PERSON

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with whom Righthaven has communicated.

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DOCUMENT REQUEST NO. 14:

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ALL DOCUMENTS that refer or RELATE TO any licensing or attempted licensing of the

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NEWS ARTICLE by Righthaven or Stephens Media.

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DOCUMENT REQUEST NO. 15:

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ALL DOCUMENTS that refer or RELATE TO any plans to license the NEWS

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ARTICLE.

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DOCUMENT REQUEST NO. 16:

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ALL DOCUMENTS that refer or RELATE TO any licensing or attempted licensing of
DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

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CASE NO. 10-CV-01356-RLH (RJJ)

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copyrighted works originating with the LVRJ by Righthaven.

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DOCUMENT REQUEST NO. 17:

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ALL DOCUMENTS that reflect any settlements by Righthaven of claims for copyright

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infringement.

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DOCUMENT REQUEST NO. 18:

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ALL COMMUNICATIONS with any PERSON by Righthaven RELATING TO terms for

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settlements for claims of copyright infringement in any article published by the LVRJ.

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DOCUMENT REQUEST NO. 19:

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ALL DOCUMENTS that refer or RELATE TO any plans to license any copyrighted

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works by Righthaven.

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DOCUMENT REQUEST NO. 20:

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YOUR articles of organization.
DOCUMENT REQUEST NO. 21:
ALL DOCUMENTS RELATING TO any harm to Righthaven as a result of any use of the

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NEWS ARTICLE by Defendants.

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DOCUMENT REQUEST NO. 22:

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ALL DOCUMENTS evidencing or RELATING TO any harm to Righthaven as a result of

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any allegedly unauthorized use of any LVRJ article.

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DOCUMENT REQUEST NO. 23:

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ALL DOCUMENTS evidencing or RELATING TO any harm to Stephens Media as a

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result of any use of the NEWS ARTICLE by Defendants.

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DOCUMENT REQUEST NO. 24:

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ALL DOCUMENTS evidencing or RELATING TO any harm to Stephens Media that

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could result if uses such as those by Democratic Underground of the NEWS ARTICLE became

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widespread.

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DOCUMENT REQUEST NO. 25:

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Any analyses, studies, reports, or COMMUNICATIONS regarding the actual or potential
impact on the newspaper industry, of copying of newspaper articles, or portions thereof, on
DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

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CASE NO. 10-CV-01356-RLH (RJJ)

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Internet websites.

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DOCUMENT REQUEST NO. 26:

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ALL logs of any kind or other data reflecting or RELATING TO the NEWS ARTICLE’s

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display on the LVRJ WEBSITE, including without limitation, those reflecting views of the

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NEWS ARTICLE, dates, IP address sufficient to identify geography of viewer, source of the

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viewer, actions by the viewer, sharing or printing by the viewer, advertising displayed with the

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NEWS ARTICLE, revenue from such advertising.

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DOCUMENT REQUEST NO. 27:

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ALL DOCUMENTS evidencing or RELATING TO Stephens Media’s revenue received

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in whole or in part as a result of display of the NEWS ARTICLE, including without limitation the

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number of incidents generating revenue (whether paid per click or per display or otherwise), price

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per incident, date and payor.

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DOCUMENT REQUEST NO. 28:

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ALL DOCUMENTS evidencing or RELATING TO Stephens Media’s revenue from the

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LVRJ WEBSITE from 2008 to the present, including without limitation documentation of

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amounts received daily, sources of those amounts, type of revenue (e.g., PPC, CPM, etc.),

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average pricing, and average number of events generating revenues.

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DOCUMENT REQUEST NO. 29:

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ALL business plans for the LVRJ WEBSITE.
DOCUMENT REQUEST NO. 30:
ALL marketing plans for the LVRJ WEBSITE.
DOCUMENT REQUEST NO. 31:
ALL COMMUNICATIONS that refer or RELATE TO the Defendants in this lawsuit

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(excluding any assertedly privileged COMMUNICATIONS, which shall be logged pursuant to

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the SCHEDULING ORDER).

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DOCUMENT REQUEST NO. 32:

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ALL COMMUNICATIONS that refer or RELATE TO the NEWS ARTICLE (excluding
any assertedly privileged COMMUNICATIONS, which shall be logged pursuant to the
DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

9

CASE NO. 10-CV-01356-RLH (RJJ)

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SCHEDULING ORDER).

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DOCUMENT REQUEST NO. 33:

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ALL COMMUNICATIONS that refer or RELATE TO Stephens Media (excluding any

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assertedly privileged COMMUNICATIONS, which shall be logged pursuant to the

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SCHEDULING ORDER).

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DOCUMENT REQUEST NO. 34:

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ALL COMMUNICATIONS that refer or RELATE TO Net Sortie Systems LLC

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(excluding any assertedly privileged COMMUNICATIONS, which shall be logged pursuant to

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the SCHEDULING ORDER).

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DOCUMENT REQUEST NO. 35:

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ALL COMMUNICATIONS that refer or RELATE TO SI Content Monitor LLC

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(excluding any assertedly privileged COMMUNICATIONS, which shall be logged pursuant to

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the SCHEDULING ORDER).

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DOCUMENT REQUEST NO. 36:

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ALL COMMUNICATIONS that refer or RELATE TO WEHCO Media (excluding any

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assertedly privileged COMMUNICATIONS, which shall be logged pursuant to the

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SCHEDULING ORDER).

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DOCUMENT REQUEST NO. 37:

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ALL COMMUNICATIONS that refer or RELATE TO Media News Group (excluding

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any assertedly privileged COMMUNICATIONS, which shall be logged pursuant to the

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SCHEDULING ORDER).

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DOCUMENT REQUEST NO. 38:

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ALL COMMUNICATIONS between YOU and Sherman Frederick.
DOCUMENT REQUEST NO. 39:
ALL COMMUNICATIONS between YOU and Michael Ferguson.
DOCUMENT REQUEST NO. 40:
ALL COMMUNICATIONS between YOU and Bob Brown.

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DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

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CASE NO. 10-CV-01356-RLH (RJJ)

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DOCUMENT REQUEST NO. 41:
ALL COMMUNICATIONS between YOU and Mark Hinueber.
DOCUMENT REQUEST NO. 42:
ALL COMMUNICATIONS between YOU and Jackson Farrow.
DOCUMENT REQUEST NO. 43:
ALL COMMUNICATIONS between YOU and Kathy Bryant.
DOCUMENT REQUEST NO. 44:
ALL COMMUNICATIONS between YOU and Warren Stephens.
DOCUMENT REQUEST NO. 45:
ALL contracts, agreements, investment DOCUMENTS, or other terms between YOU and

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Stephens Media.

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DOCUMENT REQUEST NO. 46:

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ALL DOCUMENTS that refer or RELATE TO the agreement referenced by Mark

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Hinueber on KUAR FM 89.1 on or around Sep. 29, 2010 when he said “Righthaven’s made the

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decision that based on their agreement with us, they’re not going to send [cease and desist]

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notices.”

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DOCUMENT REQUEST NO. 47:

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ALL DOCUMENTS that refer or RELATE TO Righthaven’s or Stephens Media’s

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policies and practices in sending cease and desist or takedown notices RELATING TO alleged

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copyright infringement.

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DOCUMENT REQUEST NO. 48:

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DOCUMENTS sufficient to fully reflect and describe the “technology to find

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infringements on the Internet” referenced by Steve Gibson in the September 8, 2010 conference

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call hosted by Bryan Cave at around six-minute into the call.

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DOCUMENT REQUEST NO. 49:

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ALL DOCUMENTS that refer or RELATE TO the use of any technology to find use of
the NEWS ARTICLE by Democratic Underground.

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DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

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CASE NO. 10-CV-01356-RLH (RJJ)

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DOCUMENT REQUEST NO. 50:

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ALL DOCUMENTS that refer or RELATE TO Righthaven’s “fair use analysis”

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referenced by Steve Gibson in the September 8, 2010 conference call hosted by Bryan Cave at

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around the 46-minute mark.

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DOCUMENT REQUEST NO. 51:

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ALL DOCUMENTS that refer or RELATE TO any “fair use analysis” conducted by

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Righthaven with respect to the NEWS ARTICLE or its use (excluding any assertedly privileged

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COMMUNICATIONS, which shall be logged pursuant to the SCHEDULING ORDER).

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DOCUMENT REQUEST NO. 52:

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ALL DOCUMENTS that refer or RELATE TO the “automated search matrix” referenced

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by Steve Gibson in his phone call with Steve Friess that was documented on

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http://thestrippodcast.blogspot.com/2010/08/righthaven-provides-wiggle-room-re.html.

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DOCUMENT REQUEST NO. 53:

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ALL DOCUMENTS that refer or RELATE TO the use of any “automated search matrix”

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in connection with the NEWS ARTICLE.

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DOCUMENT REQUEST NO. 54:

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ALL DOCUMENTS that refer or RELATE TO the method to determine whether to sue,

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as referenced by Steve Gibson in his phone call with Steve Friess that was documented on

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http://thestrippodcast.blogspot.com/2010/08/righthaven-provides-wiggle-room-re.html.

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DOCUMENT REQUEST NO. 55:

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ALL DOCUMENTS that refer or RELATE TO the COMMUNICATIONS referenced in

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Steve Gibson’s statement that there are “communications to my company saying, ‘What can I do

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to change my behavior, so I’m not disrespecting someone else’s copyrights?’” in the article

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posted at http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202466627090.

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DOCUMENT REQUEST NO. 56:

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ALL business plans of Righthaven.
DOCUMENT REQUEST NO. 57:
ALL marketing plans and marketing materials of Righthaven.
DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

12

CASE NO. 10-CV-01356-RLH (RJJ)

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DOCUMENT REQUEST NO. 58:
ALL DOCUMENTS referring or RELATING TO the creation of Righthaven, including,

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without limitation, ALL COMMUNICATION among its founders and funders.

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DOCUMENT REQUEST NO. 59:

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ALL DOCUMENTS referring or RELATING TO the registration of any copyright in the

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NEWS ARTICLE, including, without limitation, internal COMMUNICATIONS and

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COMMUNICATIONS with the United States Copyright Office.

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DOCUMENT REQUEST NO. 60:

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ALL DOCUMENTS that refer or RELATE TO any attempt YOU made to mitigate

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damages in connection with the NEWS ARTICLE.

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DOCUMENT REQUEST NO. 61:

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ALL statements from YOUR bank or other financial institution.
DOCUMENT REQUEST NO. 62:
ALL DOCUMENTS that refer or RELATE TO any revenue or income received by YOU.

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Dated: December 17, 2010

FENWICK & WEST LLP

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By:

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/s/ Clifford C. Webb
CLIFFORD C. WEBB, ESQ

Attorneys for Defendant and Counterclaimant
DEMOCRATIC UNDERGROUND, LLC, and
Defendant DAVID ALLEN

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DU’S FIRST SET OF REQUESTS FOR
PRODUCTION

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CASE NO. 10-CV-01356-RLH (RJJ)