J.T. Colby & Company, Inc. et al v. Apple, Inc.

Filing 127

DECLARATION of Dale M. Cendali in Opposition re: 87 MOTION for Partial Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Tab - Borden Dep., # 10 Tab - Colby 30(b)(6) Dep., # 11 Tab - Gedikian Dep., # 12 Tab - Goldhor Dep., # 13 Tab - Gundersen Dep., # 14 Tab - Kvamme Dep., # 15 Tab - La Perle Dep. (REDACTED), # 16 Tab - Widup Dep.)(Cendali, Dale)

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Highly Confidential - Attorneys' Eyes Only Page 1 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 2 3 4 5 J.T. COLBY & COMPANY, INC., d/b/a BRICK TOWER PRESS, J. BOYLSTON & COMPANY, PUBLISHERS, LLC and IPICTUREBOOKS, LLC, 6 Plaintiff, 7 vs. Case No. 11-CIV4060 (DLC) 8 APPLE, INC., 9 10 Defendant. -----------------------------/ 11 12 13 14 15 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY VIDEOTAPED 30(b)(6) DEPOSITION OF STEVE GEDIKIAN Redwood Shores, California Thursday, September 27, 2012 16 17 18 19 20 21 22 Reported by: LORRIE L. MARCHANT, CSR No. 10523 RPR, CRR, CCRR, CLR 23 24 JOB NO. 53421 25 TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 68 1 in its -- the existence of this product and its 2 basic features. 3 4 5 Q. What did you know about the basic features of the product before it was released? A. That the product is an application used for 6 creating -- or an application that anyone can use to 7 create a work that could then be consumed using 8 iBooks or experienced using iBooks. 9 10 Q. When was iBooks Author released to the public? 11 A. I believe it was January of this year. 12 Q. Do you have any knowledge concerning the 13 reasons that Apple decided to develop the iBooks 14 Author product? 15 16 17 18 19 A. I'm not sure of what the intentions were or the reasoning for why we created that product. Q. Are you aware of the goals that Apple has for that product? A. iBooks Author is meant to make it easy 20 for anyone to be able to -- to take their 21 inspiration and turn it into a work that can be 22 experienced with iBooks. 23 applications. 24 processor or ... 25 Q. There are many It's like -- just like a word When you say "the product can be TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 69 1 experienced with iBooks," do you mean that the works 2 that people create using iBooks Author can be made 3 available for download on the iBookstore? 4 5 A. That's one of the ways that those works could be experienced. 6 Q. How -- what other ways are there? 7 A. A person who's created a work could take 8 the document that's been -- that is saved from 9 iBooks Author and put it on a Web site if they wish 10 and make it available to anybody. 11 Q. If the -- 12 A. There are -- there are many different ways. 13 Q. Forgive me for interrupting. 14 Were you finished with your answer? 15 A. Yes, now I'm finished. 16 Q. If a user of iBooks Author uploaded the 17 result of iBooks Author to a Web site, would 18 somebody who wished to experience that work need the 19 iBooks software? 20 MS. RAY: 21 THE WITNESS: 22 25 It depends what you mean by "experience." 23 24 Objection. BY MR. CHATTORAJ: Q. What do you mean? word "experience." You've been using the What do you mean by that? TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 71 1 any other format, that is up to the person to decide 2 how they want that information to be disseminated. 3 Q. But if that were done, the features of the 4 iBooks Author work that had been created would not 5 all be carried over; right? 6 A. It depends which features they used. 7 Q. So it's possible that they could be 8 9 distributed by e-mail, then, iBooks Author works? A. The contents of an iBooks Author document 10 could be copied and pasted into an e-mail, the words 11 that you write, and then disseminated in that 12 fashion. 13 want to share that information. It is for the author to decide how they 14 Q. Are you familiar with the name "iBooks 2"? 15 A. I am. 16 Q. What is it? 17 A. It is the name -- it is -- it is the second 18 19 20 version of the iBooks application. Q. Is the original iBooks application still available for download from Apple? 21 A. Not to my knowledge. 22 Q. What are the differences between iBooks 2 23 and the original iBooks software, to the best of 24 your knowledge? 25 A. iBooks 2 added support for works created TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 72 1 with iBooks Author. 2 features. 3 that were associated with that. 4 I believe that was the primary So -- and there was a number of features So, for example, study cards is a feature 5 that was -- that came with support for iBooks Author 6 books and documents. 7 Q. When was iBooks 2 released to the public? 8 A. I believe it was released at or around the 9 same time as iBooks Author. 10 Q. So would that be January 2012? 11 A. I believe so. 12 Q. How would you ascertain that date with 13 certainty? 14 A. Look at a press release. 15 Q. Are you familiar with the trade name 16 I'm not certain. "iBooks Textbook"? 17 A. 18 Textbook." 19 Q. 20 I'm familiar with the term "iBooks I'll withdraw the question. I didn't mean to imply anything legal, a trade name. 21 Are you familiar with the name "iBooks 22 Textbook"? 23 A. 24 Textbook." 25 Q. I'm familiar with the name "iBooks What is it? TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 73 1 A. It is a descriptive term to describe one 2 type of work that could be created with iBooks 3 Author. 4 5 6 Q. Did iBooks Textbooks exist before the release of iBooks Author? A. There was a textbook category available in 7 the iBookstore for which books that could be 8 described as textbooks were available. 9 10 11 Q. Author? A. 12 13 14 15 16 17 Who is the intended audience of iBooks Anyone with a Mac or PC -- I'm sorry. Anyone with a Mac who wishes to create a work. Q. Can iBooks Author be used on any platform other than a Mac personal computer? A. iBooks Author is only available on the Mac. 18 Q. So iBooks Author cannot be used on an iPad? 19 A. It depends what you mean by can iBooks 20 Author be used on an iPad. 21 with iBooks Author can be experienced on an iPad. 22 23 24 25 Q. The work that is created Through the use of the iBooks software application; right? A. Through the use of the iBooks application, the work that's been created with an iBooks TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 77 1 used for many, many purposes. 2 type words. 3 They can use to it create -- they can use many of 4 the various objects that are included, widgets that 5 are included in the application, to lay out a work, 6 as the author intended. 7 ways that that application may be used. 8 9 Q. They can use to it They can use it to paste in images. So that -- these are the So iBooks Author can be used to design the appearance of the iBooks Author work; right? 10 MS. RAY: 11 THE WITNESS: Objection. iBooks Author can be used 12 to take -- I'm not sure I'm understanding what 13 you're getting at or what your question is 14 specifically. 15 just want to make sure I understand what you're 16 trying to say. 17 18 19 20 21 22 23 24 25 Could you restate your question. I BY MR. CHATTORAJ: Q. Well, I'm not trying to -- I'm just asking you questions. A. That's fine. I want to make sure I understand your question before I answer it. Q. That's a good idea, and you're always welcome to ask for clarification. When I say "design," what I mean is to use the iBooks Author tool to arrange the elements -TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 78 1 and by "elements" I include both, you know, included 2 objects, text, pictures, covers, in a way that the 3 author wishes to present a certain design of the 4 work to anyone who seeks to read or experience that 5 work. 6 A. A person who's creating a work with 7 iBooks Author can use iBooks Author's various 8 functions to lay out the contents of that work any 9 which way they please. 10 Q. Does Apple act as a publisher of books 11 created with iBooks Author that are then offered 12 for sale or download through the iBookstore? 13 MS. RAY: 14 THE WITNESS: 15 on -- well, no. 16 Objection. I'm not sure. It depends "publisher." 17 18 19 20 I don't know what you mean by BY MR. CHATTORAJ: Q. Do you have an understanding of what the word "publisher" means in general? A. It is a -- a publisher -- a publisher, in 21 my view, is a organization or legal entity that is 22 responsible for the cost of distributing work. 23 which point I imagine that they share in any 24 revenues that might result from a purchase of that 25 work. TSG Reporting - Worldwide 877-702-9580 At Highly Confidential - Attorneys' Eyes Only Page 112 1 A. All this -- all this information is, but 2 from a customer's perspective, there is no 3 representation of that separate data file. 4 customer's experience perspective, when they open 5 the document, they are viewing a singular document. 6 From the So there is -- while technically under -- 7 from an engineering perspective, that data might be 8 stored in a separate file, or in this case, the ones 9 that you listed are, but from a customer experience 10 perspective, they are not represented in a separate 11 fashion. 12 Q. Right. But just to be clear, from an 13 engineering perspective, annotations, highlighting, 14 font changes, font size changes, backgrounds, themes 15 are all stored in a separate data file from the 16 actual -- 17 A. They're not stored within the book. I 18 don't know if it's a data file or if it's a 19 database, but they're not -- they don't modify the 20 original book or the original document that you're 21 looking at. 22 23 Q. If I own -- let me start over. I have an iTunes account, and I use my 24 iTunes account to download content both to my iPhone 25 and to my iPad -- that's my iPad (indicating). TSG Reporting - Worldwide 877-702-9580 I Highly Confidential - Attorneys' Eyes Only Page 196 1 BY MR. CHATTORAJ: 2 Q. 3 Exhibit 8. 4 that describes various features of the iBooks app. 5 Is that a fair characterization? 6 A. Continuing to look at page 3 of Gedikian The left-hand side, there's some text It appears that there are -- there are a -- 7 several paragraphs that describe various aspects of 8 the iBooks app. 9 Q. The third paragraph down has a title in 10 heading font that says, Use Reading Tools. 11 a fair characterization of that phrase? Is that 12 A. That is an accurate reading of that phrase. 13 Q. Would you call that a -- 14 (Discussion off the record.) 15 MR. CHATTORAJ: We took a brief pause for 16 the court reporter and videographer. 17 continuing. 18 19 We are BY MR. CHATTORAJ: Q. You just testified that "Use Reading Tools" 20 was an accurate reading of the phrase that appears 21 there. 22 characterize that has a heading describing the 23 content in the paragraph that appears below the 24 phrase "Use Reading Tools"? 25 A. I'm asking you also is that fair to It appears that "Use Reading Tools" is a TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 197 1 2 heading for that paragraph. Q. The paragraph reads, You can highlight or 3 underline text, make notes, look up a word in the 4 dictionary or on the Web or search inside the book. 5 You can even VoiceOver to have iPad read to you. 6 Did I read that correctly? 7 A. Yes. 8 Q. Would it be fair to characterize those 9 features as reading tools? 10 MS. RAY: 11 THE WITNESS: 12 15 That is one interpretation of these features. 13 14 Objection. BY MR. CHATTORAJ: Q. Is that the interpretation that is reflected on this page? 16 A. 17 more time. I believe that -- allow me to read it one 18 It depends on what you mean by "reading 19 tool." 20 text or adding a note or looking up a word doesn't 21 necessarily have to mean that -- that it aids you in 22 reading. 23 concept of reading in this particular case. 24 25 Q. I believe using highlights or underlining It's just a tool that's related to the So this is a misleading, "Use Reading Tools"? TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 219 1 preparation of the documents? 2 3 MS. RAY: whether I did or not. 4 5 Unless I see them, I can't know MR. CHATTORAJ: I am showing Counsel a document, as she suggested. 6 And I ask you to verify. 7 document you're referring to (indicating)? 8 MS. RAY: 9 MR. CHATTORAJ: 10 13 I believe it is. Okay. We'll print that out and look at that after the next break. 11 12 Is this the BY MR. CHATTORAJ: Q. Mr. Gedikian, is the iBooks software application an interactive Web collaboration system? 14 A. It could be interpreted in that way, yes. 15 Q. How? 16 A. By interactive, when you open a document 17 with iBooks, you can interact with the contents of 18 that document. 19 can change the background. 20 and point size. 21 of notes and highlights. 22 those ways it is an interactive -- read the 23 description again. You can swipe through pages. You You can change the font You can add commentary in the form You can-- so, yeah. 24 Q. Interactive Web collaboration system. 25 A. Yeah. So in You could view it that way. TSG Reporting - Worldwide 877-702-9580 For Highly Confidential - Attorneys' Eyes Only Page 220 1 example, if my wife and I both had iBooks and were 2 using the same account, we could both be looking at 3 the same document and making such edits and changes 4 to them. 5 6 Q. Are you and your wife permitted by Apple's terms of use to share the same account? 7 A. I don't know. 8 Q. Is it part of Apple's marketing 9 10 11 communications to the general public that they should share iTunes accounts? A. In my experience, when we talk about 12 "accounts," we talk about them in the context of one 13 account per person. 14 Q. So other than sharing iTunes accounts, are 15 there other ways in which this phrase, "interactive 16 Web collaboration systems," would apply to iBooks? 17 A. Well, the fact that I can also take the 18 highlights in the book and the commentary that I add 19 and share them with my friends or my wife via e-mail 20 or other mechanisms, I believe that is another 21 interpretation of how iBooks is an interactive 22 collaboration tool. 23 24 25 Q. So you're able to send e-mails from within the iBooks application? A. Yes. So if I type up a highlight -- or if TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 221 1 I make a highlight and add a notation to it or a 2 passage or a comment or whatever, there is a way for 3 me to go and share that note directly from inside of 4 iBooks, which would bring up an e-mail form inside 5 of iBooks and send it. 6 7 8 9 In the same way that you can share photos, for example, from the Photos app via an e-mail. Q. In my experience of iOS, if I'm using the Photos app or iBooks app or iTunes -- withdrawn. 10 When I'm using the iBooks app in iOS and 11 I -- I seek to e-mail a document, doesn't it open 12 the Mail app? 13 A. I don't believe that to be the case. I 14 believe a mail sheet -- an e-mail sheet comes up on 15 top of the app, at which point you can pick your 16 sender and subject and you can see the body of the 17 message that is pre-populated by iBooks, and then 18 you can send that message. 19 iBooks is still visible. 20 21 Q. And when you press send, But as a technical matter, is that mail -- is that e-mail functionality -- withdrawn. 22 As a technical matter, does the e-mail need 23 to be sent by the e-mail client that's installed on 24 an iOS device? 25 A. As a technical matter, the e-mail sheet is TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 222 1 a -- is a representation of a Mail sheet that 2 would -- you could also access inside of the mail 3 app. 4 If you did not have an account set up, for 5 example, inside of the Mail app for e-mail, then 6 attempting to use that feature inside of iBooks 7 would not -- would require you to set up a mail 8 account. 9 Q. Is the e-mailing function that you're 10 talking about within iBooks handled by mailing 11 software installed on an iOS device as opposed to 12 iBooks, after iBooks has populated the content of 13 the e-mail? 14 MS. RAY: 15 THE WITNESS: 16 Can you repeat the question, please. 17 18 Objection. BY MR. CHATTORAJ: Q. Is the e-mailing function that you're 19 talking about within iBooks handled by e-mail 20 software that is installed on an iOS device separate 21 from iBooks? 22 A. 23 "handled." 24 Q. 25 I'm not sure I understand what you mean by Does the e-mail that is sent out by the user -- withdrawn. TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 223 1 2 Does iBooks contain an e-mail client? A. iBooks -- iBooks can access a system -- a 3 developer API that allows applications to send 4 e-mails. 5 Q. What is an API? 6 A. An API is, I believe, short for application 7 programming interface. 8 the programming language that is used to create an 9 app that provides some sort of feature or benefit 10 It's basically a function of within the app. 11 So in the case of -- in this specific 12 example, I believe there's a mail API that allows 13 you to invoke or bring up a mail sheet, if you will. 14 We call it a mail sheet. 15 display an e-mail message and send it from within an 16 application. 17 Q. Which allows you to Is the iOS mail API available to other 18 software applications that developers can create for 19 iOS devices? 20 A. I believe that to be the case. 21 Q. So does iBooks itself contain anything 22 other than a call upon the mail API to have its 23 e-mail functionality? 24 A. Can you restate the question? 25 Q. You said that iBooks calls on mail API in TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 224 1 2 order to put up the e-mail sheet; right? A. iBooks will invoke a mail API that will 3 display a blank e-mail -- or a new e-mail sheet that 4 iBooks will then pre-populate with information, 5 depending on what you're sharing. 6 7 8 9 Q. Is the mail API itself part of the iBooks code? A. The mail API is a -- my understanding is that the mail API is a function of the iOS system 10 software, and that applications can choose to take 11 advantage of that functionality. 12 Q. So testimony answer is, no; right? 13 MS. RAY: 14 THE WITNESS: 15 Objection. I believe I answered your question. 16 BY MR. CHATTORAJ: 17 Q. Is the mail API part of iBooks? 18 A. The mail API is a system-level API that any 19 application can take advantage of. 20 what you mean by "is the mail API part of iBooks." 21 The fact that iBooks contains code that invokes the 22 mail API could be construed as it being part of 23 iBooks. 24 25 Q. It depending on What other collaborative methods exist with respect to iBooks other than sharing iTunes accounts TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 225 1 2 and e-mailing certain content to other users? A. As a user you can choose to visit the 3 iBookstore, and from there you can provide ratings 4 and reviews on any given book and have a 5 conversation, if you will, with other users about 6 the contents of a particular title. 7 You can also access a "tell a friend" 8 feature within the store that allows you to 9 recommend a particular title to a friend or a 10 colleague or a family member, at which point you can 11 then have subsequent conversations, an e-mail or 12 other forms. 13 In iOS 6, we added the ability to like a 14 particular title on Facebook. 15 which of your friends have also liked the particular 16 title. 17 interact with others on a particular title. 18 Q. And it would show you So there are multiple ways that you can Going back to the e-mail functionality for 19 a second, does the recipient of the e-mail that you 20 send by pressing the e-mail button within iBooks 21 have to be using the iBooks software? 22 A. The recipient of the e-mail that's 23 generated is a -- based on the user's action does 24 not require that the customer on the other end have 25 iBooks to read the e-mail. TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 226 1 Q. And what does iBooks populate the e-mail 2 with when you sent an e-mail out of the iBooks 3 software? 4 A. Depends on what you're sharing. 5 Q. What kinds of things can you share by 6 7 e-mail? A. You can share -- I believe you can share a 8 specific title. 9 recommend a book that you have been reading to a So, for example, if you want to 10 friend, you can share the existence of that title, 11 at which point the recipient would receive an e-mail 12 with a reference to the title and the ability to go 13 to the iBookstore to get more information. 14 You can share annotations, notes, comments, 15 passages, whatever, that you've added to a book, or 16 any title that you have in your iBooks bookshelf. 17 You can share highlights that you've made. 18 I believe those are the -- the things that 19 come mind. 20 Q. And the person who receives it can read it 21 regardless of whether they have the iBooks 22 application; right? 23 A. That is a standard e-mail, so it will 24 arrive in their inbox. 25 or any mail reading application. And whether they use Gmail TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 227 1 2 3 Q. Now, you mentioned user reviews of books, right, as another collaboration method? A. That is one way that a customer can, yes, 4 interact with another customer and collaborate on 5 the dialogue of a particular title. 6 7 8 9 10 Q. Is a person able to write reviews of books from within the iBooks app interface? A. A customer can write a review from within the iBookstore which is represented inside of the iBooks app. 11 Q. Is that another API call? 12 A. The review is a feature of the iBookstore. 13 14 So that's just part of the fabric of the iBookstore. Q. Please describe for me the user experience 15 of writing a review of the title from -- within the 16 iBookstore, as accessed through the iBooks app. 17 A. So as a customer, you would tap the store 18 button and arrive on typically the iBookstore home 19 page. 20 From there you can tap on any title. And when you tap on the title, you're taken 21 to a -- a product details page that describes the 22 details of that title. 23 a way to provide a star rating, which is a 24 five-point star, like, quick way to provide a 25 positive or negative view of a particular title, as And within that page there's TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 228 1 well as a writer review feature, where you can go in 2 and provide a subject line and, in effect, a 3 dialogue. 4 particular title. Whatever you want to say about a 5 Q. And that's a dialogue? 6 A. It's -- I don't think it's a dialogue. 7 think it's within -- I'm not certain. 8 I within the page. 9 I think it's And then by default, what you see are 10 existing reviews and commentary that have been added 11 by other users, but you can choose to add your own. 12 13 14 Q. But can you respond to existing reviews and commentary? A. You can tap "Write a review" and identify a 15 particular person's name and write whatever you 16 want. 17 person by doing that. 18 19 So, in effect, yeah you're responding to that Q. By stating that you're responding to their -- 20 A. Correct. 21 Q. -- review -- 22 A. Correct. 23 Q. -- or comment? 24 A. By stating the person's name and writing 25 whatever it is that you want to say, you are TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 229 1 responding to that person. 2 read it or not is up to them. 3 Q. Whether they choose to Are these user reviews similar to user 4 reviews that are available in other e-commerce 5 sites, such as Amazon? 6 MS. RAY: 7 THE WITNESS: Objection. I can't say -- I can't attest 8 to what specific features other e-commerce sites 9 employ. 10 I don't -- I don't know. BY MR. CHATTORAJ: 11 Q. Have you ever visited Amazon.com? 12 A. I have visited Amazon.com. 13 Q. Does Amazon.com contain user reviews? 14 A. I have seen customer reviews on Amazon.com. 15 Q. Do those include star ratings? 16 A. I believe that they do have a notion of a 17 simple positive or negative rating. 18 it's stars or not. 19 20 21 Q. Do they have reviews? I'm not sure if I mean content that reflects users' opinions about products. A. From my experience, I have seen Amazon -- I 22 have seen text from users who are discussing the 23 topic of that particular title -- 24 Q. Does -- 25 A. -- or product, whatever it is. TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 233 1 context of Amazon.com. 2 3 So I then asked does the iBookstore describe that use as collaboration? 4 MS. RAY: 5 THE WITNESS: Objection. I'm not aware of a specific 6 instance where the word "collaboration" is used in 7 the context of our marketing materials on -- with 8 regard to customer reviews. 9 10 BY MR. CHATTORAJ: Q. Are you aware of any use of the word 11 "collaboration" in connection with any marketing 12 materials concerning iBooks? 13 A. I can't say whether or not that specific 14 word is used in context of our marketing materials 15 with regards to iBooks. 16 like "sharing," for example. 17 share your notes. There may be similar words, The fact that you can 18 Q. But the word "collaboration"? 19 A. I'm not aware of a specific use -- or I 20 can't recall a specific use of that word, of that 21 specific word. 22 Q. What about the use of the word 23 "collaborative" in marketing materials in connection 24 with iBooks? 25 A. I don't recall a specific instance where TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 234 1 I -- where I've seen that word or remember the use 2 of that word. 3 4 5 Q. Same question with respect to the iBookstore. A. I don't recall a specific instance where 6 I've used or seen the word "collaborate" or 7 "collaborative" used in the context of the 8 iBookstore in customer-facing marketing materials. 9 10 11 Q. What about internal communications concerning marketing of the iBookstore? A. I have not seen every single e-mail. I 12 can't tell you for certain whether or not an 13 employee at Apple used that term in the context of 14 iBooks. 15 Q. Have you ever seen it? 16 A. I can't recall. I may have. I don't know. 17 "Collaborative" is a bit of a technical or techie 18 term. 19 We try to make things simple for people to 20 understand. 21 appropriate term from a customer's perspective to 22 describe the things that you can do in the context 23 of collaboration. 24 25 Q. We usually use synonyms for technical terms. So words like "sharing" is -- is a more Is that true of your internal communications concerning marketing of the TSG Reporting - Worldwide 877-702-9580

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