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

Filing 191

DECLARATION of Andrew Kempe 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)

KEMPE

DECLARATION

UNITED SOUTHERN

STATES

DISTRICT COURT DISTRICT OF NEW YORK

ARISTA

RECORDS LLC; ATLANTIC RECORDING BMG MUSIC; CAPITOL CORPORATION; RECORDS, INC.; ELEKTRA ENTERTAINMENT GROUP INTERSCOPE INC.; RECORDS; LAFACE RECORDS RECORD LLC; MOTOWN COMPANY,

L.P.; PRIORITY
MUSIC

RECORDS RECORDS

LLC;
UMG

SONY

BMG

ENTERTAINMENT;
BROS. RECORDS

RECORDINGS,
INC.; and
ECF
CASE

INC.; VIRGIN
WARNER

AMERICA,

INC., Plaintiffs,

06 Civ.
Vo

05936

(GEL)

LIME WIRE

WIRE

LLC;

LIME

GROUP

LLC;

MARK

GORTON;

GREG BILDSON; and M.J.G. LIME FAMILY LIMITED PARTNERSHIP,

Defendants,

DECLARATION
MOTION ANDREW
TO

OF ANDREW EXCLUDE THE

TO DISCLOSE

AND KATHERYN COGGON FOR PLAINTIFFS' FAILURE FACTUAL WITNESSES AND IN FURTHER SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT

KEMPE,

OPPOSITION TO DEFENDANTS' DECLARATIONS OF THOMAS SEHESTED,
IN

KEMPE

I, ANDREW
1. I
am

KEMPE, hereby declare
the

as

follows:

Manager

of Technical

Account

Services

for the

MediaSentry

business

unit

of

Safenet, Inc., formerly MediaSentry, Inc. ("MediaSentry"). I have
of the

personal

knowledge

following facts and,

if called

and

sworn

as

a

witness, could

competently

testify thereto.

2.

MediaSentry has ("RIAA") since 2004
one

been

engaged by the Recording Industry Association
numerous

of

America

to

monitor

P2P

clients

across

a

number

of

networks,
3.

of which

is

LimeWire, for
to

use

in

anti-piracy litigation. plaintiffs
at

With respect
evidence
as

this

case

in
of

particular, MediaSentry assisted plaintiffs'
sound

in

gathering
are

to whether

copies
users

recordings ("files") yielded by
our

issue

being

shared

by LimeWire

by searching

the results

ongoing
on

monitoring efforts
Attachment LimeWire
A that

(since 2004) and providing plaintiffs those files included
were

downloaded,

with

identical

hashes,

from

at least

two

different

users.

I declare

under

penalty of perjury that the foregoing is

true

and

correct.

December

·,

2008

2