Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 600

***FILED IN ERROR. SEE DOCUMENT 601 FOR CORRECT PLEADING*** MOTION to Compel PRODUCTION OF SOURCE CODE FROM GO DADDY by Eolas Technologies Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Text of Proposed Order)(McKool, Mike) Modified on 3/17/2011 (mll, ).

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 600 Att. 5

Exhibit E

Dockets.Justia.com

Page 1 of 1
Matt Rappaport
From: Sent: To: Cc: Josh Budwin Friday, January 14, 2011 4:58 PM Proshanto Mukherji; Matt Rappaport Eolas; Go Daddy/Eolas Internal

Subject: Re: Eolas: Go Daddy Source Code Production As to point 1, we maintain, and you agreed that GoDaddy altered the structure of its code from how it is kept in the ordinary course of business. This alteration unfairly hindered our review. Where does GoDaddy stand on agreeing that the code produced to-date is representative or produce all code for all versions of the accused sites for the entirety of the damages period. Please state your position clearly, and in writing. Thank you. Proshanto Mukherji <[e-mail]> wrote:

Dear Matt: I write in response to your email dated December 26, 2010. 1. Folder structure of Go Daddy's code: Thank you for discussing this issue with us at our meet and confer on January 5. As we discussed, Go Daddy remains confident that its initial production of source code fully complied with the protective order and discovery rules. Indeed, when we asked during Eolas's review of the code if the reviewers were able to find what they needed, one of your reviewers (Harish) told me that he had not had any difficulty finding files he was looking for. Nevertheless, in an effort to avoid disputes, Go Daddy will accommodate Eolas's request in this regard. We intend to make the code available with the directory structure you requested, and are working to do so. If for any reason we are unable to do this, we will let you know. 2. Source code review tools: I have confirmed with our technical people that all the source code review tools Eolas provided us were in fact installed on the source code review computer on the date of the review. It is unclear why the reviewers were unable to find some of them. The easiest way to address such difficulties in future would be for the reviewers to ask our IT people for help finding ­ or if necessary, reinstalling ­ the relevant tools. While on this topic, I do want to give you a heads-up that there might be potential issue with the version of Adobe CS5 that you sent us. While we were able to install this software, our IT staff are concerned that there may be lingering compatibility issues, since it is a 64-bit version of the software whereas the sourcecode computer is a 32-bit machine. If you send us a 32-bit version of this software, we will install it in place of the current version. 3. Microsoft Office: We will install Microsoft Office on the review computer as a courtesy. 4. Source code versions: As we discussed at our meet and confer on January 5, Go Daddy intends to abide by the source-code production protocol that both parties agreed to on August 3, 2010. As such, once Eolas identifies specific portions of code for which it believes that it needs additional versions, we will work with Eolas to accommodate such requests and/or designate "representative" code as reasonable. I trust this addresses all your concerns. Best regards, Proshanto

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Proshanto Mukherji Associate (617) 3682179 vcard bio email

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3/7/2011