Ceglia v. Zuckerberg et al

Filing 48

DECLARATION signed by Frank J. Romano re 44 MOTION to Expedite - Notice of Motion for Expedited Discovery filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Snyder, Orin)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
---------------------------PAUL D. CEGLIA,
Plaintiff,
v.
MARK ELLIOT ZUCKERBERG
and FACEBOOK, INC.,

Civil Action No. 1:10-cv-00569-RJA
DECLARATION OF FRANK J.
ROMANO IN SUPPORT OF
DEFENDANTS’ MOTION FOR
EXPEDITED DISCOVERY

Defendants.
---------------------------I, Frank J. Romano, declare and state as follows:
1. I respectfully submit this Declaration in support of Defendants’ Motion for Expedited Discovery.
2. I am Professor Emeritus at the Rochester Institute of Technology (RIT) School
of Print Media. My career in the printing industry has spanned over 50 years. I
have worked with every known printing process and, in many cases, authored the
first articles and books on the subject.
A true and correct copy of my curriculum vitae is attached hereto as Exhibit A.
3. My 49 books cover every aspect of document origination, reproduction, and distribution. I am best known for my 10,000-term “Encyclopedia of Graphic Communications,” which has been called the standard reference in the field.
4. I have presented seminars, workshops, and lectures to virtually every association, club, and organization in the industry at one time or another. Over the course
of an average year, I address several hundred attendees, mostly covering advanced
digital printing technology.
5. RIT is well-known for its workshops on “Printing Process Identification and
Image Analysis for Forensic Document Examiners” which explores the full range
of image, ink, and substrate variables that are key to determining the authenticity
of currency, stamps, passports, and other legal documents.

6. I have been involved and testified as an expert in numerous cases. Among those
cases involving document authentication, the most notable have been the 1990’s
case involving “Larry Potter” and a 2007 case involving lottery tickets (Oberthur
vs Scientific Games). I have also been on the History Detectives show where I authenticated intaglio printing plates for Duke Ellington’s “Take the A Train.”
7. Documents degrade in quality with each re-copying or re-printing, and especially so as different printing technologies are used.
8. Originally, copiers were “light lens” copying machines. The original was placed
on a glass platen and a moving light source illuminated the original. The image of
the original was reflected through an optical lens to activate a photoconductive surface which converted light energy (photons) into electrons forming an electronic
charge image to which toner could be attracted.
9. Around 1999, this type of copier technology was replaced by “multi-function”
machines that used a scanner instead of light and lens. A scanner/digital printer
uses digital technology that reduces all images to patterns of dots.
10. Moreover, scanned copies may be printed on either toner-based or inkjet-based
printers.
11. These differences in printing technology will affect the degree of degradation
that occurs with each re-copying or re-printing and may also indicate other document anomalies.
12. However, any degradation is typically uniform within a document and one
would not expect to see a difference in page format, typeface, or typeface density
from page to page. In fact, it would be extremely unusual to see such differences
from page to page.
13. I have reviewed a purported “work for hire” contract, a copy of which is attached hereto as Exhibit B. I have not reviewed the original ink-written document.
14. I observed numerous significant inconsistencies between Pages 1 and 2 of Exhibit B. For example:
a. Formatting: The indents for each section that appear on Page 1 are formatted
differently than the indents for each section on Page 2. Specifically, the indents on
Page 1 are wider than the indents on Page 2 and uncommonly so. Moreover, sub-