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

Filing 574

DECLARATION of KELLY M. KLAUS in Support re: 573 Memorandum of Law in Support of Motion,, 572 MOTION to Preclude Certain Purported Expert Testimony.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1 (Under Seal), # 2 Exhibit 2 (Under Seal), # 3 Exhibit 3 (Under Seal), # 4 Exhibit 4 (Under Seal), # 5 Exhibit 5 (Under Seal), # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Klaus, Kelly)

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

Doc. 574

REDACTED VERSION -COMPLETE VERSION FILED UNDER SEAL UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ARISTA RECORDS LLC; ATLANTIC RECORDING CORPORATION; ARISTA MUSIC, fka BMG MUSIC; CAPITOL RECORDS LLC fka CAPITOL RECORDS, INC.; ELEKTRA ENTERTAINMENT GROUP INC.; INTERSCOPE RECORDS; LAFACE RECORDS LLC; MOTOWN RECORD COMPANY, L.P.; PRIORITY RECORDS LLC; SONY MUSIC ENTERTAINMENT, fka SONY BMG MUSIC ENTERTAINMENT; UMG RECORDINGS, INC.; VIRGIN RECORDS AMERICA, INC.; and WARNER BROS. RECORDS INC., Plaintiffs, v. LIME WIRE LLC; LIME GROUP LLC; MARK GORTON; and M.J.G. LIME WIRE FAMILY LIMITED PARTNERSHIP, Defendants. DECLARATION OF KELLY M. KLAUS IN SUPPORT OF PLAINTIFFS' MOTION TO PRECLUDE CERTAIN PURPORTED EXPERT TESTIMONY BY EMIN GÜN SIRER Glenn D. Pomerantz (pro hac vice) Kelly M. Klaus (pro hac vice) Melinda E. LeMoine Susan T. Boyd (pro hac vice) Jonathan H. Blavin (pro hac vice) Munger, Tolles & Olson LLP 355 South Grand Avenue Los Angeles, CA 90071 [phone] Attorneys for Plaintiffs March 2, 2011

06 Civ. 05936 (KMW) ECF CASE

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I, Kelly M. Klaus, hereby declare as follows: 1. I am a partner in the law firm of Munger, Tolles & Olson LLP, counsel of

record for Plaintiffs. I make this Declaration in support of Plaintiffs' Motion to Preclude Certain Purported Expert Testimony by Emin Gün Sirer. The contents of this Declaration are based upon my own personal knowledge, and if called upon to do so, I could and would testify competently to the matters stated herein. 2. Attached hereto as Exhibit 1 is a true and correct copy of the September

30, 2010 Report of Dr. Richard Waterman. 3. Attached hereto as Exhibit 2 is a true and correct copy of excerpts of the

February 11, 2011 Deposition of Aram M. Sinnreich. 4. Attached hereto as Exhibit 3 is a true and correct copy of the February 14,

2011 Rebuttal Report of Dr. Richard Waterman to the Reports of Emin Gün Sirer and George G. Strong. 5. Attached hereto as Exhibit 4 is a true and correct copy of the January 14,

2011 Expert Report of Professor Emin Gün Sirer 6. Attached hereto as Exhibit 5 is a true and correct copy of excerpts of the

February 21, 2011 Deposition of Professor Emin Gün Sirer. 7. Attached hereto as Exhibit 6 is a true and correct copy of an article entitled

Experience with an Object Reputation System for Peer-to-Peer Filesharing, authored by Kevin Walsh and Emin Gün Sirer. 8. Attached hereto as Exhibit 7 is a true and correct copy of an article entitled

Blindfold: A System to "See No Evil" in Content Discovery, authored by Ryan S. Peterson, Bernard Wong, and Emin Gün Sirer.

9.

Attached hereto as Exhibit 8 is a true and correct copy of a PowerPoint

presentation entitled Blindfold: A System to "See No Evil" in Content Discovery. 10. Attached hereto as Exhibit 9 is a true and correct copy of the April 17,

2008 Expert Report of Dr. Richard Waterman. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Dated: March 2, 2011 Los Angeles, CA /s/ Kelly M. Klaus Kelly M. Klaus