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

Filing 192

DECLARATION of Thomas Sehested 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. (Attachments: # 1 Exhibit A to Declaration of Thomas Sehested, # 2 Exhibit B to Declaration of Thomas Sehested, # 3 Exhibit C to Declaration of Thomas Sehested)(Forrest, Katherine)

SEHESTED

DECLARATION

UNITED SOUTHERN

STATES

DISTRICT

COURT YORK

DISTRICT

OF NEW

ARISTA

RECORDS

CORPORATION;

RECORDING LLC; ATLANTIC BMG MUSIC; CAPITOL ENTERTAINMENT

.RECORDS, INC,; ELEKTRA GROUP INC.; INTERSCOPE RECORDS LLC; MOTOWN PRIORITY RECORDS L/P.; MUSIC ENTERTAINMENT;:
INC.;
VIRGIN RECORDS RECORDS
WARNER

RECORDS·
RECORD

LAFACE

COMPANY, LLC; SONY BMG UMG RECORDINGS, AMERICA, INC.; and
INC.,
ECF CASE

BROS.

Piaintiff·%

06 Civ. 05936

(GEL)

LLC; LIME GROUP LLC; MARK and M.J.G. LIME GORTON; GREGBIISDSON; WIRE FAMILY LIMITED PARTNERSH1P·
LIME WIRE

Defendants·

DECLARATION DEFENDANTS PLAINTIFFS FURTHER
·

OF

THOMAS
EXCLUDE

SEHESTED
1TIE

IN OPPOSITION

TO
OF TH.OMAS FOR AND IN SUMMARY

MOTION
·

TO

DECLARATIONS

SEHESTED,

ANDREW
FAILURE

KEMPE, AND
TO DISCLOSE
·

Ka·THERYN FACI'UAL FOR

COGGON WITNESSES
PAR2.·IAL

SUPPORT

OF PLAINTIFFS

MOTION

JUDGMENT

I, THOMAS
1· I
:am

SEHESTED,
the co-founder

h·by

declare

as

:fallows:

and Chief

Executive

O·icer

of DtecNet facts

Saftware
and

ApS ("DtecNef;). I have persomfl knowledge of thefoUowing
sworn as:a

and, if called

witness,

could

competently testii·

thereta. of America

2.

DtecNet

was

engaged by the Recording Industry As·eiafian plaintiffs in
this
case

("R:IAA')

an

behalfaf

the

at·er

July 1'8, 2008

to assist

ingathering

evidence

as

to

whether
Statement

copies of the thirty sound recordings ("files'3 listed in Attachment
of

A to Plaintift·'

Undisputed Material by LimeWire
to my

Facts, dated
users.

July 18, 2008

('·Attachment A'),
3·

are

being shared
as an

Attached

EXhibit which
at

September 9,
used

2008

declaration

was

a

spreadsheet showing tile dates

on

DtecNet

Phex, apeer-to-peer
and

client

publiclyavailable lbr download
client with

http:!/www.phex.org,
at

Beal·hare,
'to

a

peer-to-peer

publicly available
identical
·

for download of each

http:/iwww.bearshare.eom,
A from two

download

ex)pies

hashes
to
a

of the files in Attachment

different

LimeWire

us.ers.

Due

corrupted dam file, DtecNet

re-performed this "task° Exhibit A
the dates
on

to

tliis

declaration

is

an

updated s·tsheet
hash· of each.of

presenting
the files

which

Dte·Net

downloaded. different

copies with identical
LimeWire
users·

in Attachment is aCD

A fi,om two

:Exhibit each

B to this declaration

eontaining.a opy
A.

ofa ·und

recording:matching
4· download
at

hash provided in Attachment used Wimshark,
a

DieNet

packet capture ciienI publicly avmlable
the transfer

for the

http://www.wireshatk,org,
to the

to doctunent

ofthosefiles
was

t·om dowdoaded

LimeWire
froma

user

DteeNet

computer,
transfer

thus· confirming that the file
ofe·acli file in Attachment between
''

LimeWire Wiresliark

user·

Dttring the

A, DtecNet
DtecNeffs

utilized computer

to

"capture" :all tim data -packetstransferral
user.

and theP2P

These'·paeket capture" or"..pcap

files eontain

all the data

As I slated,

they

are

identical

having the same (See http://www.rsa.com/rsalabs/node:asp?id=2927 ; ihtlp://blogs.zdnet.com/Ou/?p·09.) user's file is a copy a file with identical liashes, one users q'laus, if two LimeWire possess of the othen Seh·ted 09t09/08 DecL '[i 5,) (See

declaration, if two files have die same hash, files, not directly copi·l from one another, SHA-I hash (the kind of hash used by Lira(Wire and DteeNet)is 2^63.
in my The

September 9,

2008
two

probabilityof

2

about the transfer,
i·le

including the
P2P client.

user's In

IP address

and

proof that

the

user

transtbrred information

the about

·rsirtg a LimeWire
file name,
to

addition, the ".pcap" files contain
the file
was

the:audio

th:e file hash

and the date and rime ·reen·shot

&·wnload·,xt.
At

E·bit.C request

·is

declea'ation

contains review·xl

a

example ofa %ly·ap" file.

the

I ofptaimifl·,·, have that
files

each of the %pcap" files and I eonfil·

that

those
hashes
to

files indicate
each office

each

of the files download¢·l

by DtecNet
fi-om
two

(files witl ! identical
diftbrent
LimeWire

in Atl·ehrnent

A)

were

transferred

use·.

t

declare under penalty of perjury that the foregoing is

true

.and cotter.

Deeember·,

2008

Thomas

Sehested

3