The Authors Guild et al v. Google Inc.

Filing 207

DECLARATION of David Nimmer in Support re: #206 Objection (non-motion). Document filed by Amazon.com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Zapolsky, David)

The Author's Guild et al v. Google Inc.

Doc. 207

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x The Authors Guild, Inc., et al., : : Plaintiffs, : : vs. : : Google, Inc., : : Defendant. : ---------------------------------------------------------------x

Case No. 05 CV 8136-DC DECLARATION OF DAVID NIMMER IN SUPPORT OF OBJECTION OF AMAZON.COM, INC. Filed Electronically

I, David Nimmer, pursuant to 28 U.S.C. § 1746, declare as follows: 1. I am an attorney at the law firm of Irell & Manella LLP and counsel of record

for Amazon.com, Inc. in the above-captioned case. I am a member in good standing of the State Bar of California and have submitted an application to practice before this Court pro hac vice. Dkt. # 151. I have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and would testify competently to such facts under oath. 2. Attached hereto as Exhibit A is a copy of the Cooperative Agreement

between Google and the University of Michigan, obtained from the University of Michigan Library website at http://www.lib.umich.edu/mdp/um-google-cooperative-agreement.pdf. 3. Attached hereto as Exhibit B is a copy of the Amendment to the Cooperative

Agreement between Google and the University of Michigan, also obtained from the University of Michigan Library website at http://www.lib.umich.edu/mdp/Amendment-toCooperative-Agreement.pdf. 4. Attached hereto as Exhibit C is a copy of the Complaint in Cahn v. Sony

Corp., Case No. 90 CV 4537 (S.D.N.Y. July 9, 1990), obtained from the Southern District of New York. 5. Attached hereto as Exhibit D is a copy of the Complaint in Frank Music

Corp. v. Compuserve, Inc., Case No. 93 CIV 8153 (S.D.N.Y. Nov. 29, 1993), obtained from the Southern District of New York.

2048480

-1Dockets.Justia.com

6.

Attached hereto as Exhibit E is a copy of the Order Approving Settlement of

Class Action in Frank Music Corp. v. Compuserve, Inc., Case No. 93 CIV 8153 (S.D.N.Y. Nov. 29, 1993), obtained from the Southern District of New York. 7. Attached hereto as Exhibit F is a copy of the Settlement Agreement

(excluding attachments) in Frank Music Corp. v. CompServe, Inc., Case No. 93 CIV 8153 (S.D.N.Y. Nov. 29, 1993), obtained from the Southern District . of New York. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 31, 2009, at Los Angeles, California.

A4'·

David Nimmer

2048480

-2