United States of America v. Impulse Media Group Inc

Filing 31

DECLARATION of Robert S. Apgood filed by Defendant Impulse Media Group Inc re 17 MOTION for Summary Judgment (Attachments: # 1 Exhibit A - Plaintiff's Motion for Summary Judgment in another case# 2 Exhibit B - Himelfarb Declaration in another case# 3 Exhibit C - Exhibit N to Himelfarb Declaration# 4 Exhibit D - Statement of Facts for MSJ in another case# 5 Exhibit E - Vetter Declaration in another case# 6 Exhibit F - Bundy Declaration in another case# 7 Exhibit G - Defendant's Opposition to MSJ in another case# 8 Exhibit H - Defendant's MSJ in another case# 9 Exhibit I - Vivas Declaration in another case# 10 Exhibit J - Plaintiff's Response in Opoosition to MSJ in another case)(Apgood, Robert)

United States of America v. Impulse Media Group Inc

Doc. 31 Att. 2

Case 2:05-cv-01285-RSL

Document 31-3

Filed 09/25/2006

Page 1 of 2

EXHIBIT B
Dockets.Justia.com

Case 2:05-cv-01285-RSL

Document 31-3

Filed 09/25/2006

Page 2 of 2

the three affiliates listed above. Cyberheat Affiliate 26377 37. Attachment N, pp. 1-8 hereto is a true and correct copy of an email message and

accompanying source code that was sent by affiliate 26377. This message was sent on March 11, 2005. The source code of the attached message shows that a hyperlink reference URL for this message is http://www.bestmovies.com/?revid=26377&movie_id=3305. This URL includes the domain name bestmovies.com. The registration information for this domain name, a true and correct copy of which is attached hereto as Attachment N, pp. 9-10, shows that this domain name is registered to Cyberheat. This domain name also appears on the list of domain names produced by Cyberheat (see Attachment A, page 1). What follows the domain name ("?revid=26377") includes a reference to the affiliate ID: 26377. The attached email message fails to include the required label in the subject line or initially-viewable area of the message, contains sexually-explicit material within the initially-viewable area of the message, and fails to include a valid physical address for Cyberheat within the initially-viewable area of the message. In addition, the attached message contains an opt-out mechanism that appears after th e sexuallyexplicit material rather than within the initially-viewable area. 38. I reviewed the payment information produced by Cyberheat and was unable to

locate any payment information for affiliate 26377. Cyberheat Affiliate 38485 39. Attachment O, pp. 1-4 hereto is a true and correct copy of an email message and

accompanying source code that was sent by affiliate ID 38485. This message was sent on March 18, 2005. The attached message contains hyperlinks to five of Cyberheat websites:
Plaintiff's Motion for Summary Judgment CV 05-0457 - Ex. 1 23 of 41

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