Righthaven LLC v. Allec et al

Filing 14

MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint by Defendant Rick Allec. Responses due by 8/11/2011. (Attachments: # 1 Declaration of Michael Allec, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(DeVoy, James)

Case 2:11-cv-00532-KJD -PAL Document 11-1

Filed 06/20/11 Page 1 of 4

EXHIBIT A

Case 2:11-cv-00532-KJD -PAL Document 11-1

Filed 06/20/11 Page 2 of 4

AT'FIDAVIT OF MICHAEL RICHARD ALLEC REGARDING
owNERSgrp AND CONTROL OF <THERX.COM> AND <THERXFORUM.COM>
I, Michael Richard Allec, the undersigned, being over 18 years of age and of sound mind,
and having personal knowledge of the matters set forth below, state as follows:

1.

From T994 urttll present,

I

have been

a

computer hardware and software

consultant and a software and website developer.

2.

From 1994 until 1999, I was a freelance web designer.

3.

From 1999 to 2006, I was the head of software and hardware technology for Don

Best Sports, found at <donbest.com>.

4.

From June 1,20A6, to June 1,2007,I was under contract (hereinafter, the

"Contract") to develop, maintain and identiff new technologies and projects to be integrated into
theRX. com/theRXForum. com (collectively, the " Site").

5.

A true and correct copy of this Contract, executed on June 1,2006, is attached to

this Affidavit as Exhibit A.

6.

During the course of the Contract, I became the nominated registrant for the Site,

and was named is the registrant for <therx.com> and <themforum.com> in the publicly available

WHOIS information for both domain names.

7.

While I was responsible for the design and development of code that displayed

the Site to end users during the time I was under contract,

I did not have any ownership or

fin-ancial interest in the Site beyond the monthly payments specified in Exhibit A, Sections 3 and

4, and I had no control over the Site's substantive or user-submitted content.

Case 2:11-cv-00532-KJD -PAL Document 11-1

Filed 06/20/11 Page 3 of 4

8.

On June I,2007, my contractual relationship with the Site ended.

9.

Since June

I,20A7,I have not had any other contractual relationships with the

Site, or any ability to affect any contents or information thereon presented.

10.

Moreover, since June I,2007,I have not conkibuted to or developed any portion

of the Site as a consultant, contractor, employee, or in any other capacity, or had any other
relationship to the Site.

11.

At the end of the contract, I have possessed no financial or ownership interest in

the Site or its business, including the domain names <therx.com> and <therxforum.com>.

12.

To this day, I do not have any financial or ownership interests in the Site,

including the domain names <therx.com> and <therxforum.com>.

13.

To the extent I ever had any control over the domains <therx.com> and

<therxforum.com),I turned over all ownership and legal interest in those domains, including the
registrar login information that controlled access to the domains, to the owners and operators of
the Site as of June

14.

|, 2007 , at the end of the Contract.

Therefore, I have no control, access or ownership interest in the <therx.com> and

<therxforum.com> domain names, or the websites appearing there.

il

Case 2:11-cv-00532-KJD -PAL Document 11-1

15.

Filed 06/20/11 Page 4 of 4

At no time have I been responsible for any of the content found on the Site, the

Site's operations, or for the Site's technical management, except for my limited role in
developing website code for the Site from June 1,2046 to June 1,2407.

16.
Site,

I disavow

To the extent others may allege I have any ownership interest or control over the
and disclaim

all such alleged interests; I am independent of the Site and have not

had a relationship with the Site since the expiration of the Contract on June 1,2007.

I declare under penalty of perjury that the foregoing is true

and correct.

,rtl

By:

w

Michael Richard Allec

Date: s {u lt I
State of

Nevada

County of

Clark

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Sworn and subscribed to me this

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day of May

,

2011
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