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

Filing 609

DECLARATION of Kelly M. Klaus in Support re: 608 Reply Memorandum of Law in Support of Motion,, 430 MOTION for Partial Summary Judgment on the Direct Infringement of the Works at Issue.. 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)(Klaus, Kelly)

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

Doc. 609 Att. 1

EXHIBIT 1

Dockets.Justia.com

THOMAS SEHESTED - 1/13/2011

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --oOo-ARISTA RECORDS LLC; ATLANTIC RECORDING CORPORATION; ARISTA MUSIC f/k/a BMG MUSIC; CAPITOL RECORDS, INC.; ELEKTRA ENTERTAINMENT GROUP INC.; INTERSCOPE RECORDS; LAFACE RECORDS LLC; MOTOWN RECORD COMPANY, L.P.; PRIORITY RECORDS LLC; SONY MUSIC ENTERTAINMENT f/k/a 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. ) ________________________________)

06 CV 5936 (KMW)

DEPOSITION OF THOMAS SEHESTED _____________________________ JANUARY 13, 2011

REPORTED BY:

SARAH LUCIA BRANN, CSR 3887

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THOMAS

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A.

The IP address of the agent, user

computer, yes. Q. It's a computer folder that they -- that

the file was downloaded from; correct? A. Q. Correct. And could you tell whether the computer

file was server or personal computer or some other file? A. Q. A. No. Is there any way to tell that? No, not to my knowledge. Well, there is,

but in terms of what we were doing, we weren't looking for that information. Q. So the Gnutella agent is not programmed to

determine whether the file was downloaded from a personal computer or a server or some other computer folder; is that correct? A. Q. Correct. Did anyone listen to any of the songs that

were downloaded as part of this project? A. Q. songs? A. Q. Yes. How many of the songs were listened to? Yes. Did anyone at DtecNet listen to any of the

1-800-325-3376

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THOMAS

SEHESTED - 1/13/2011
126

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A.

I don't have that number.

But we always

listen randomly to songs to make sure that there is no issues. Q. songs? A. Q. A. Q. Yes. How many did you listen to personally? I can't remember. Okay. Half a dozen. A dozen. Did you yourself listen to any of the

If you could turn over to page

three, there's some information depicted on the top half of the page. Is this a screen shot from some

aspect of your programming? A. Yes, this is a screen shot of the log

files that we generate. Q. This is a screen shot of a log file

generated during the download project? A. Q. Correct. Let's just go down the various lists here. The row "IP Address," does that refer to the IP address of the computer where the file was obtained from? A. Q. Correct. Okay. "Country US." Is that the result

of using this third party vendor database? A. Correct.

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THOMAS

SEHESTED - 1/13/2011
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I declare under penalty of perjury the foregoing is true and correct. Subscribed at

_________________________, California, this ____ day of ____________, 2011. ________________________________ Thomas Sehested

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THOMAS

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CERTIFICATE OF REPORTER I, SARAH LUCIA BRANN, a Certified Shorthand Reporter, hereby certify that the witness in the foregoing deposition was by me duly sworn to tell the truth, the whole truth, and nothing but the truth in the within-entitled cause; That said deposition was taken in shorthand by me, a disinterested person, at the time and place therein stated, and that the testimony of the said witness was thereafter reduced to typewriting, by computer, under my direction and supervision; That before completion of the deposition, review of the transcript [ ] was [X] was not requested. If requested, any changes made by the

deponent (and provided to the reporter) during the period allowed are appended hereto. I further certify that I am not of counsel or attorney for either or any of the parties to the said deposition, nor in any way interested in the event of this cause, and that I am not related to any of the parties thereto. DATED: January 18, 2011

_________________________________ SARAH LUCIA BRANN, CSR No. 3887

1-800-325-3376

Merrill Corporation - New York www.merrillcorp.com/law