Arista Records LLC et al v. Lime Wire LLC et al

Filing 190

DECLARATION of Siobhan Minarovich in Opposition re: 168 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike., 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Forrest, Katherine)

MINAROVICH

DECLARATION

UNITED SOUTHERN

STATES

DISTRICT OF

COURT NEW YORK

DISTRICT

LLC; ATLANTIC RECORDING BMG CORPORATION; RECORDS MUSIC; CAPITOL INC.; ELEKTRA ENTERTAINMENT GROUP INC.; INTERSCOPE LAFACE RECORDS RECORDS; RECORD LLC; MOTOWN COMPANY, RECORDS L.P.; PRIORITY LLC; SONY BMG MUSIC UMG ENTERTAINMENT; RECORDINGS, INC.; VIRGIN RECORDS AMERICA, INC.; and WARNER BROS. RECORDS INC., Plaintiffs,
V*

ARISTA

RECORDS

06 Civ. ECF

5936

(GEL)

CASE

LIME GREG LIMITED

WIRE

GROUP LLC; LIME LLC; MARK GORTON; and M.J.G. LIME BILDSON; WIRE FAMILY

PARTNERSHIP,
Defendants.

DECLARATION PLAINTIFFS' JUDGMENT
EXHIBITS MOTIONS FILED

OF SIOBHAIN OPPOSITION TO AND IN AS FOR

MINAROVICH DEFENDANTS'
TO

IN FURTHER MOTIONS

SUPPORT FOR SUMMARY TO

OF

OPPOSITION
PART OF

DEFENDANTS' MOTION PLAINTIFFS' OPPOSITION TO
JUDGMENT AND MOTION

STRIKE

DEFENDANTS'
STRIKE

SUMMARY

TO

I, SIOBHAIN
1. counsel of for I
am a

MINAROVICH, legal assistant
with

hereby declare
the law

as

follows:
Swaine & Moore

firm of Cravath,
this declaration

LLP,

plaintiffs

in the

above-captioned
defendants'
motions

action.

I submit

in further in support of Plaintiffs' of

support

plaintiffs' opposition
to

to

for summary Strike

judgment
Filed
as

and

plaintiffs' opposition Opposition
to

defendants' Motions

Motion

to

Exhibits

Part

Defendants'
2.

for

Summary Judgment, filed
the website

November

7, 2008.
to

In March

2008, I accessed
I took all the

http://www.download.com
to

download

the LimeWire

software.

steps necessary

download

the

LimeWire

software software download

from

this

website.

No

dialog box appeared that required
I

me

not

to

use

the

LimeWire
to

for

copyright infringement.
LimeWire software
a

printed
this

out

screenshots

of all the

steps necessary (submitted
on

the

from

website.
of these

Plaintiffs'

Ex.

329

September

26, 2008) is
3.

true

and

correct

copy

screenshots.
the website

On

September 7, 2008,
to

I accessed

http://www.gnutelliums.com
website

download

the

LimeWire

software.

I

was

redirected

to

the

http://files.filefront.com/LimeWire+Windows+v426/;3760359;/fileinfo.html. I took all
to

the

steps necessary
that

download
me

the

LimeWire

software

from this
for

website.

No

dialog

box

appeared

required

not

to use

the LimeWire

software
to

copyright infringement.
LimeWire
is
a true

I

printed
website.

out

screenshots
Ex.

of all the 330

steps necessary
on

download

the

software
correct

from

this

Plaintiffs'
screenshots. 4.

(submitted

September 26, 2008)

and

copy

of

these

On

September 23, 2008,
on

I accessed

the website contains

http://theslip.nin.com.
and
correct

Plaintiffs'

Ex.

371

(submitted
website.

September 26, 2008) registering
link. my
name

a

true

copy

of

a

printout from
received
an

this

After

and

e-mail

address
I
was

on

this website download
or use

I

e-mail

containing
and in

a

Upon clicking
"Head

on

this

link

able

to

various

song

recordings

particular

the song

Down", without

having

to

install

the

LimeWire

software.
5. On

September

23, 2008, I accessed

the website

http://stash.nugs.net/wsp/0010nolamp3.asp?artist=-6&show=48&cmd=shows. Plaintiffs'
Ex. 373

(submitted
I
was

on

September 26, 2008) contains
to

a true

and

correct

copy

of

a

printout from website,

this

website.

able
install

download
use

the song

"Ride
software.

Me

High" directly from

this

without

having

to

or

the LimeWire

-2-

6.

On

August 27, 2008, I accessed
Plaintiffs'
of
a

the website 374

http://www.vidablue.net/multimedia.
consists of
a

Ex.

(submitted
website.

on

September 26, 2008)
that the song install "Most

true

and

correct

copy

printout

from

this

I found

Events

Aren't

Planned"

is available

directly

from

this

website, without

having

to

or

use

the

LimeWire

software.
7. On

September 4, 2008,

I accessed

the website Ex.

http://stash.nugs.net/stash.asp?cmd=dl&artist=- 1.
26, 2008) consists
download the song
to

Plaintiffs'

375

(submitted
I
was

on

September
able
to

of

a true

and

correct

copy

of

a

printout directly

from

this

website.

"Most

Events

Aren't

Planned" software.

from

the

Nugs.net website,

without

having

install

or

use

the

LimeWire

I declare

under

penalty

of

perjury

that

the

above

is true

and

correct.

Executed

on

December

5, 2008

Siobhain

P. Minarovich

-3-