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

Filing 577

DECLARATION of MELINDA E. LEMOINE in Support re: 576 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, # 5 Exhibit 5 (under seal), # 6 Exhibit 6 (under seal), # 7 Exhibit 7 (under seal), # 8 Exhibit 8 (under seal), # 9 Exhibit 9)(Lemoine, Melinda)

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

Doc. 577 Att. 9

EXHIBIT 9

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

ARAM A. SINNREICH, PH.D. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------x ARISTA RECORDS LLC; ATLANTIC RECORDING CORPORATION; ARISTA MUSIC, Civil Action No. fka BMG MUSIC; CAPITOL RECORDS, INC.; 06 CV 5936(KMW)(DF) 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, vs. LIME GROUP LLC; LIME WIRE LLC; MARK GORTON; GREG BILDSON; and M.J.G. LIME WIRE FAMILY LIMITED PARTNERSHIP, Defendants. ---------------------------------------x CONTAINS CONFIDENTIAL PORTIONS February 11, 2011 9 a.m. Videotaped deposition of ARAM A. SINNREICH, Ph.D., pursuant to subpoena, at the offices of Cowan Liebowitz & Latman, 1133 Avenue of the Americas, New York, New York, before Nancy Mahoney, a Certified Court Reporter, Registered Professional Reporter, Certified LiveNote Reporter, and Notary Public within and for the States of New York and New Jersey.

29 CONTAINS CONFIDENTIAL PORTIONS ARAM A. SINNREICH, Ph.D. - 2/11/2011 1 2 09:31:18
Q. ARAM A. SINNREICH, PH.D. Okay. As you sit here today, do

3 09:31:20 you consider yourself qualified to opine about 4 09:31:22 whether or not a statistical methodology is 5 09:31:26 valid and reliable? 6 09:31:28
A. Well, it depends on the -- how

7 09:31:28 esoteric the methodology is, but for standard 8 09:31:32 methodologies, absolutely. 9 09:31:34
Q. And what are -- what do you

10 09:31:34 consider standard statistical methodologies? 11 09:31:38
A. Well, among the ones that we talked

12 09:31:40 about, so there -- correlation regression 13 09:31:44 cluster analysis, the -- the use of 14 09:31:50 stochastically determined distributions and 15 09:31:54 understanding the behaviors of populations, the 16 09:31:56 evaluation of survey instruments and other 17 09:31:58 statistical instruments in producing reliable 18 09:32:02 data, the use of statistic software in order to 19 09:32:12 perform mathematical operations on the data set. 20 09:32:14 21 09:32:18
Q. I'd -- I'd say that's a short list. What would you consider outside of

22 09:32:20 the area of your expertise on statistics and the 23 09:32:24 reliability of statistical methodologies? 24 09:32:26
A. Well, for example, there's a

25 09:32:28 technique called multi-varied analysis, that's

Merrill Corporation - New York 1-800-325-3376 www.merrillcorp.com/law

142 CONTAINS CONFIDENTIAL PORTIONS ARAM A. SINNREICH, Ph.D. - 2/11/2011 1
ARAM A. SINNREICH, PH.D.

2 11:58:38 description of the total market. 3 11:58:44
Q. You also look at video games, and

4 11:58:48 you say video game console and game sales nearly 5 11:58:52 trimmed between 2000 and 2008, growing from $8 6 11:58:56 billion to $24.1 billion -7 11:58:58 8 11:59:00 9 11:59:02 10 11:59:08 that? 11 11:59:08 12 11:59:08
A. Q. Correct. Is there any other basis for these Q. MR. OLLER: -- 21.4. 21.4. I'm sorry.

And you cite an NPD group study for

13 11:59:10 numbers that you reference in your report? 14 11:59:16
A. NP -- no, but NPD is considered to

15 11:59:20 be the premier provider of market figures 16 11:59:22 related to that industry. 17 11:59:24
And, in fact, I believe they're the

18 11:59:24 ones that are used by the trade associations' 19 11:59:28 publications. 20 11:59:30
Q. So you consider them to be a

21 11:59:30 reliable -22 23 11:59:32 24 11:59:32 25 11:59:34
A. Q. A. Q. Very. -- source of data? Yes. Have you relied on them in your own

Merrill Corporation - New York 1-800-325-3376 www.merrillcorp.com/law

143 CONTAINS CONFIDENTIAL PORTIONS ARAM A. SINNREICH, Ph.D. - 2/11/2011 1
ARAM A. SINNREICH, PH.D.

2 11:59:38 research and analysis? 3 11:59:38 4 11:59:46
A. Q. Yes. Okay. So here you mention an

5 11:59:48 eight-year span of time between 2000 and 2008. 6 11:59:52
Do you know what was happening with

7 11:59:54 the video game market between 2000 to 2008? 8 11:59:56 9 11:59:56
A. Q. Yes. Okay. Can you describe generally

10 11:59:58 what course it took? 11 12:00:00
A. There was a new generation of

12 12:00:04 consoles released during that time period in the 13 12:00:08 middle of the decade that spurred a renewed 14 12:00:12 consumer interest in purchasing software and 15 12:00:18 peripherals. 16 12:00:18
There was also a growth in online

17 12:00:22 gaming, both what's known as hardcore gaming via 18 12:00:28 games like World of Warcraft which, at its 19 12:00:32 apogee, had something like 11 or 12 million 20 12:00:34 simultaneous users, and -- through casual 21 12:00:40 gaming, which is not included, I believe, in 22 12:00:40 these figures and accounts for another several 23 12:00:44 billion dollars in consumer expenditures and 24 12:00:46 revenues. 25 12:00:48
Q. What do you mean by casual gaming?

Merrill Corporation - New York 1-800-325-3376 www.merrillcorp.com/law

335 CONTAINS CONFIDENTIAL PORTIONS ARAM A. SINNREICH, Ph.D. - 2/11/2011 1 2 17:15:49
ARAM A. SINNREICH, PH.D. THE VIDEOGRAPHER: This concludes The time

3 17:15:51 today's testimony of Aram Sinnreich. 4 17:15:55 on the record is 5:15 p.m. 5 17:15:58 tape number six. 6 17:16:00 7 17:16:01 8 17:16:01 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
__________________________________ Notary Public Subscribed and sworn to before me this _____ day of _________, 2011. (Time noted: 5:15 p.m.)

This also concludes

___________________________ ARAM A. SINNREICH, Ph.D.

Merrill Corporation - New York 1-800-325-3376 www.merrillcorp.com/law

337 CONTAINS CONFIDENTIAL PORTIONS ARAM A. SINNREICH, Ph.D. - 2/11/2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
_________________________ NANCY MAHONEY, CCR/RPR I, NANCY MAHONEY, a Certified Court Reporter, Registered Professional Reporter, Certified LiveNote Reporter, and Notary Public within and for the States of New York and New Jersey, do hereby certify: That ARAM A. SINNREICH, Ph.D., the witness whose deposition is hereinbefore set forth, was duly sworn by me and that such deposition is a true record of the testimony given by the witness. I further certify that I am not related to any of the parties to this action by blood or marriage, and that I am in no way interested in the outcome of this matter. IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of February 2011. COUNTY OF NEW YORK ) C E R T I F I C A T E STATE OF NEW YORK ) : ss.

Merrill Corporation - New York 1-800-325-3376 www.merrillcorp.com/law