John Beck Amazing Profits, LLC v. Google Inc. et al

Filing 58

***DEFICIENT DOCUMENT, PLEASE IGNORE.***MOTION to Exclude the Expert Report and Opinion of Thomas J. Maronick and Brief in Support by AOL LLC, Google Inc.. (Attachments: # 1 Declaration of Carl Butzer, # 2 Exhibit A to the Declaration of Carl Butzer - part 1, # 3 Exhibit A to the Declaration of Carl Butzer - part 2, # 4 Exhibit A to the Declaration of Carl Butzer - part 3, # 5 Exhibit A to the Declaration of Carl Butzer - part 4, # 6 Exhibit A to the Declaration of Carl Butzer - part 5, # 7 Exhibit A to the Declaration of Carl Butzer - part 6, # 8 Exhibit A to the Declaration of Carl Butzer - part 7, # 9 Exhibit A to the Declaration of Carl Butzer - part 8, # 10 Exhibit A to the Declaration of Carl Butzer - part 9, # 11 Exhibit A to the Declaration of Carl Butzer - part 10, # 12 Exhibit A to the Declaration of Carl Butzer - part 11, # 13 Exhibit A to the Declaration of Carl Butzer - part 12, # 14 Exhibit A to the Declaration of Carl Butzer - part 13, # 15 Exhibit A to the Declaration of Carl Butzer - part 14, # 16 Declaration of Itamar Simonson, # 17 Exhibit 1 to Declaration of Itamar Simonson, # 18 Text of Proposed Order)(Babcock, Charles) Modified on 9/20/2010 (sm, ).

John Beck Amazing Profits, LLC v. Google Inc. et al

Doc. 58 Att. 12

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Q.

Well, actually, that is not

true, is it, because this isn't one single complete page from the search page results for Southwest Airlines, it is just an excerpt of some of page 1; is it not? MR. FENSTER: THE WITNESS: Object to form. That's correct but,

again, I wasn't concerned about that because it clearly shows the sponsored links, which is the subject of this survey. BY MR. MORAN: Q. Fair enough, but it's also the

case that what a respondent sees here on page 65 is not the complete page 1 of the search page results; true? A. Q. A. Q. That's correct. It's a portion of them; true? Yes. Okay. And it consists of three

sponsored links; correct? A. Q. Yes. As we've seen from earlier

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exhibits some other screen shots that you all looked at had additional sponsored links. seen one that has five. We've

You chose one here for

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the survey of three; right? A. Q. Yes.
The sponsored link at the top,

which is the Southwest official site; correct? A. Q. right? A. Q. you? A. did not. Q. And, obviously, on page 65 when a I did not test for that. No, I Yes. You did not test for that one; did Yes. And that's a sponsored link;

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respondent is doing a survey they have no ability to scroll; true? A. Q. They can't scroll beyond this, no. They can't scroll at all; can

A. Q.

That is correct, they cannot. It's a static piece of paper or a

static image before question number 6; correct? A. Q. Yes. And that's not how people actually

see and deal with either organic or sponsored links in real life; is it?
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A.

I believe it is.

Again, the focus

here was on if they are searching for Southwest Airlines. There's really no reason why they

would need to scroll down, because the official website is there to book flights, airline tickets and whatever, plus they have a Southwest Airlines sponsored link. scrolled down? Yes. My focus was on not all the So could they have

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organic or natural links, but rather on the sponsored links, and those are clearly delineated on that page. Q. Of the three sponsored links that

are shown on page 65, why did you choose the one that says smartfares.com/southwest, as opposed to the other two sponsored links, the one that's the Southwest official site or the Southwestern Airline, the one above it? A. Again, the official one has the

brand name in it and I wanted the one that didn't. And then the question of the two, it

just seemed like that one was as easy to use as not. Again, the questions have -- they see them

in front of them, so it really didn't matter to me which one I used, and

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smartfares.com/southwest seemed like one that is more realistically something where they think they could buy it. Q. that one? A. Q. the one? MR. FENSTER:
THE WITNESS:

And that's why you didn't test

I'm sorry? That's why you did not test that

Object to form. Again, the

smartfares.com/southwest was the one that was. BY MR. MORAN: Q. A. Was tested? Yes. If you look at question 7 it

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says, do you see that link. Q. Yeah, thank you. Let's go on.

So you're displaying the stimuli here; right? on page 65? A. Q. Yes. And then you ask two questions of The Google search results, right,

the respondents and then they hit the submit button; correct? A. That's correct. So this is the exception, really,

4.

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about the organic or natural results; right? A. Q. That's correct. So after they hit click and answer

question number 7 and go on to the remaining questions of FPX-1, the respondents could no longer view the Southwest Airlines search page results that we see on page 65; true? A. Q. That is correct. Can't go back to that screen shot

for questions 8, 9, 10 and 11; right? A. That's correct, because after the

question 7 there's the word submit and they cannot go back. Q. Did you in the survey that you did

here, did you rotate any of the questions 8, 9, 10 or 11 in any of the surveys that you did? A. No, I didn't see a need to. And,

as I said, that's really not an algorithm that's permitted within Zoomerang, or to the best of my knowledge any of the other search engines -- I mean, survey research platforms. Q.

In this, on page 66 you introduce

a question or a term, rather, in question number 9. Do you see that? Whether or not there's an

association between the sponsored link and
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any time during your work? A. Q. I don't recall. Do you know if you were to click

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it.

on that website whether or not you could purchase a ticket on Southwest Airline? A. Q. I don't know. Do you know if you could -- if you

clicked on that same website whether or not you could buy an airline ticket on any other airlines? A. I don't know. I didn't look at

Q.

I'm sure -- strike that. To state the obvious, when anyone

who was answering these surveys, they weren't able to click on any of these depictions on page

65; right?
A. Q. That's correct. Now, let's go to page 68,

Professor, which is the questionnaire for Trek. Do you see that?
A.

Page 68, yes.

Q.

68.

My question for you, sir,
And they had

question 1, do you own a bicycle?

a question, yes or no was the possible answer;
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