Vargas et al v. Pfizer Inc. et al

Filing 87

DECLARATION of Christopher Keegan in Support re: 85 SECOND MOTION for Summary Judgment.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit Ex B# 2 Exhibit Ex C# 3 Exhibit Ex D# 4 Exhibit Ex E# 5 Exhibit Ex F# 6 Exhibit Ex G# 7 Exhibit Ex H# 8 Exhibit Ex I# 9 Exhibit Ex J part 1# 10 Exhibit Ex J part 2# 11 Exhibit Ex K# 12 Exhibit Ex L# 13 Exhibit Ex M# 14 Exhibit Ex N part 1# 15 Exhibit Ex N part 2# 16 Exhibit Ex O# 17 Exhibit Ex P# 18 Exhibit Ex Q# 19 Exhibit Ex R# 20 Exhibit Ex S# 21 Exhibit Ex T# 22 Exhibit Ex U# 23 Exhibit Ex V)(Ahrens, Julie)

Vargas et al v. Pfizer Inc. et al

Doc. 87 Att. 16

EXHIBIT O

Dockets.Justia.com

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UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

RALPH VARGAS and BLAND-RICKY ROBERTS,
PIa inti ffs

Ci viI

Action

No.

againstPFIZER, INC., PUBLICIS, INC"
FLUID MUSIC, EAST WEST

04CV 9772 (JCF)

COMMUNICATIONS, INC. and
BRIAN Transeau p/k/a " BT"

CERTIfiED COpy

Defendants
August 9, 2006

9:15 a.
Videotaped Deposition of
IVAN A. RODRIGUEZ , taken by Defendants,

pursuant to Notice, at the offices of Kirkland
& Ellis, 153 East 53rd Street , New York , New

York, before TAMMEY M. PASTOR, a Registered
Professional Reporter, Certified LiveNote Reporter and Notary Public within and for the
State of New York.

575 Market St

fill ~~~~~J~!.

11th Floor

San Francisco, CA 94105

tel [phone] tel [phone] fax [phone]

ww. merrillcorp. com

GLOBAL COURT REPORTING , LEGAL VIDEOGRAPHY . TRIAL SERVICES

IVAN

A.

RODRIGUEZ

August

2006

IVAN A. RODRIGUEZ - CONFIDENTIAL

live.

You would know it wasn t a drummer.
Even if you used samples'

Ii ve drumming?
It is not just samples, it is
the processing, the way you program

it.

The

way it comes across that is what I mean by
saying there are so many variables it is not
like two cakes, it is each individual cake is

different.

I can t reproduce that cake

wi thout real ingredients.

But your opinion is
Aparthenonia is a result of digitally moving pieces of Bust Oat Groove around; correct?
It is my opinion the record was

taken, sampled , either as a whole or in

pieces, then broken down, created , rhythm
created then roll was moved to the tail versus
the top.

Then you have yourself a

record.

But to me, in my profession and totally honest

opinion ,
around.

that record was, as we

say, flipped

Before I could commit to it

that is when I told Mr. Chin I will prove it
to you.

Then I did

it.

When I gave him the

240
LegaLink , A Merrill Communications Company
[phone]

IVAN A. RODRIGUEZ

August

2006

IVAN A. RODRIGUEZ - CONFIOENTIAL
CD he couldn t tell me which was the real one

which was Ralph' s and which was the other

gentleman.

The properties are so true nobody

can tell it flanged.

Anybody will tell you

even little kids when they want two DJs live

they play the two records at the same

time.
time.

They play the same records at the same
It is called flanging.

That can only happen

when the two items are totally

identical.

I had that happening with

Aparthenonia and the edited Bust Oat Groove
you have one on left speaker , one on right. I

kind of broke it down pretty much as simply as

possible as opposed to try to muddy it up with
a bunch of graphs.

Some stuff is very

difficult.

This is so airy, so

open.

It is

crystal clear to me.

You say flanging, what is it

that causes flanging when you play the same
song at the same time?

When you play the same sections

of the same song or same bass or same

horns,

even two crash cymbals, if they are absolutely

identical and put adj acent

to each other they

241
LegaLink , A Merrill Communications Company
[phone]

IVAN

A.

RODRIGUEZ

August

2006

IVAN A. RODRIGUEZ - CONFIOENTIAL
that purposely so it couldn t be used against

the defendant to say I did something to the
record that wasn t natural.
as it was off the vinyl.

I took it exactly

Chopped it up and

put it

in.
If you listen to it

independently you will notice a sort of

dryness to Ralph '

, Mr. Vargas

' because I
image.

didn 1

t

purposely use reverb , even though with

that there is still like a mirror

If you used digital signal

processing could you make them sound even more

alike?
I would say almost 100 percent.

Because, see, I don t know if I would have had

master s up front ,

I would have probably not

even had to do this because I can tell right
from the master s because multitrack master

shows me what you done and how you done

it.

If I had presets, if someone told me I did

reverb 23 from TC Electronic something I would have added

Corp. or

that.

I told Mr. Chin I could

probably even eventually figure it out, but it

244
LegaLink, A Merrill Communications Company
[phone]

IVAN

A.

RODRIGUEZ

August

2006

IVAN A. RODRIGUEZ - CONFIDENTIAL
would take some time.
I don t know how

long.

I would have to toy with literally thousands
of reverbs until I got the tone used before.

Even if I had like what we call a recall sheet, sometimes folks use a recall sheet when you work because you toy around with different
settings until the artist goes that'
keep notes like that.

s it.

You

He likes setting number

23 on this particular plug

in.

You keep that.

If I would have known that , I would have added
it to that.

It would have been exact.

You can use digital signal processing to make one drum loop sounds more
like another?

No.

What I am explaining if

you look at the last page of this

graph, I
one.

believe we gave you a color one or Mr. Chin
did, he initially gave in a color

I never received a color one?

The color one was easier on the
eyes, easy to explain.
same graphs.
You I re

It is basically the

referring to graph

Exhibit B to your declaration Defendant'

245
LegaLink , A Merrill Communications Company
[phone]

,:,

"--

, , .." '-"

IF

STATE OF NEW YORK
4'

; 56.

COUNTY OF NEW YORK

I, TAMMEY M . PASTOR , a Registered

Professional Reporter and Notary Public within

and for the State of New York. do hereby

certify:
That TIMOTHY M. YESSMAN, the witness

whose deposition is hereinbefore Bet forth, was

duly sworn by me and that such deposition is a
true record of the testimony given by the

witness.
I further certify that I am not
J. 7

related to any of the parties to this action by
blood or marriage, and that I am in no way
interested in the outcome of this mat

ter.
O(.

IN WITNESS WHEREOF, I have hereunto
set my hand this ay of

It=' L J5-

TAMMEY M. PASTOR

. . MH~~ M. PASTOR. RPR

.4(~