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1 IAndrew P. Bridges, State Bar No. 122761IlRic~d Ness~, StateBar No. 1806822 Jennifer A. Golirivea~ State Bar No. 203056Terri Y. Che~ ~tate Bar No. 209854AlexanderD. MacGillivray, StateBar No. 212770I wn..SON SONSINI GOODRlCH & ROSATI

4 ProfessionalCo:JPoration1 650 Page Mill Road5 Palo Alto, CA 94304-10506 I Telephone:(650) 493-9300Facsimile: (650) 493-6811Cindy A. Cohn,StateBar No. 145997Fredvon Lohman~n,tateBar No. 1926578 Robin D. Gross~tate Bar No. 200701ELECfRONIC r KONTIER FOUNDATION9 454 Shotwell Street

I SanFrancisco CA 9411010 Telephone:(4'15)436-9333 123Facsimile: (415) 436-9993

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1112 Joseph R. Taylor, State Bar No. 129933Jeffrey K. Compto~ StateBar No. 14296913 Max]. ~p~~c!t!!.\State arNo. 169285LINER Y AN l!...r..L VI T Z SUNS IllNE & REGEN STRE IF14 3130 Wilshire Boulevar~ Suite200SantaMonica CA 9040315 Telephone:(310) 881-2192Facsimile: (310) 453-590116 !Attom~s for Defendants17 IIMusicCity.CO~ nc. (now known as

\ StreamCast N etworks1rInc.) andMusicCity Networks, !DC.8 UNIT1::U STATES DISTRICT COURT19 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DMSION2021 CaseNo. 01-08541SVW (PJWx):r-.mTRO-GOLDWYN-MAERSTUDIOS NC., et al.~223 Plaintiffs,24 vs25 GROKSTE~ Lill., et aI.,

:MEM OR .AND UM OF PO!NT S ANDAUTHORITIES OF DEFENDANTSSTREAM CAST NETWORKS, INC.(F 0 R1vIERL Y KNOWN ASMUSICCITY .COM INC.) ANDMUSICCITY NETWORKS INC. INSUPPORT OF MonON FOR PARTIALSU1\tfivlAR Y JUDG:ME NT .D ECI...ARA TI 0 N S OF DARRELLSMITH WllLIAM CLAY SlllRKYANDREW P. BRIDGES, GREGORY

26 Defendants2728

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12345 [Notice of Mati on and MotioI!, andStatement of Uncontroverted Facts andConclusions of Law, filed concun-entlyherewith] ,67 Date:Time:Ctrm:

February25,20021 30 p:m.6 (Spnng.Street)Ron. StephenV. Wilson9101112131415161.11819202122232425262728

PRELINGEK STEVE W. GRIFFIN ANDRICHARD NESSAR Y IN SUPPORT OFMonON

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I, William Clay Shirky, hereby declare:, My name s William Clay Shirky. I reside n Brooklyn,New York3 2. My current position is Adjunct Assistant Professorat NYU's (New45

York University's) graduate nteractive TelecommunicationsProgram,where Ilecture on the social and technological effects of network design. I am a co-author

6 of a recent research eport and a recent book on peer-to-peer echnology, both7 published by O'Reilly Press,and have spoken widely on peer-to-peerat industry89

andpolicy organizations uchasPC Fo~ the Aspen nternetPolicy Project, heMarkle Foundation,he PracticingLaw Institute,and he U.S. Navy. I have

1(} written about peer-to-peer n a variety of outlets, such as Business2.0, O'Reilly1 Network, Harvard BusinessReview, Wall Street Joumal, and New York Times. I12 have also worked as a consultanton peer-to-peer ssues or Red Hat Software,13 Nokia, and ntel14 3 Prior to my appointmentat NYU, I was Partner for Technology1516

Strategy at the Accelerator Group, an early stage nvestment und located in NewYork City, and Assistant Professorof New Media in both the undergraduateand

1718

graduatemedia programs at Hunter College. From 1995-1997, was Vice-Presidentof Technology, EasternRegion for CKS Group and Chief TechnologyOfficer of SiteSpecific (acquired by CKS). I have written regularly about thesocial and economic effects of Internet technology since 1993, when I

1920 began21 writing books about the Intemet for ZitI-Davis press.22 4 Morpheus, a software program that allows users o make files23 available from their personal computersover the Internet, createsa self-organizing24 network among ts users. That network is arrangedso that each user can use their25 PC both to host files (i.e. to make files available to other users) and to access iles26 hosted by other users as well Becauseevery computer n the systemcan perform27 AS one wouldIle same unctions, this is called a "peer-to-peer" architecture.28 expect from a systemwhere all computersare peers, the Morpheus software makes

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14. The meta-data apabilities f the MorpheussoftWare ould permitusers o become ot ust hostsof content,but critics and guidesas well. For

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example,becausemeta-data s supplied and can be altered by Morpheus users, auser who wanted to offer an assessment f the quality of various files could createtheir own ratings category. For example, could give files I hosted a"ShirkyRating," from 1 to 10. By associatingsuch a rating with files that I like or

7. dislike, I create meta-data hat other users can search or. This annotation would8 be linked to any files I labeled, and the instructions for using such a rating system9 could be sent ndependentof the file itself, either in Morpheus's chat area, or via

10 email and other media5 Such annotations, n fact, need not be restricted to simple meta-data.12 Instea~ annotationscould be stored n separate iles, then associated o the original

31415

files by way of meta-dataassociatedwith the files. Michael Hart of ProjectGutenberghas spent over 30 years making public domain texts available in everyconceivableelectronic medium. Several of these exts are densephilosophical,

16 scientific, literary or religious texts (Hurne, Kant, the Hurnan Genome, he Bible)1718

that can be difficult to grasp without some nterpretation. individUals andorganizationscould add exegesisand explanatory text to theseworks and make

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them available through Morpheus, naming and describing them so as to point totheir explanatory character,without needing to secure or maintain Web hosting for

2.1 these annotation iles.22 16 Collaborative groups can also use the Morpheus software as a low-23 In essence, t can be used as an easy-ost, simple method for sharingdocuments24 to-configure Web server. Because he Morpheus software uses standard nternet.25 protocols such as HTTP (Hypertext Transfer Protocol, the foundation of the Web)2627

to share iles, a user running the Morpheus software can make files available tosmall groups by emailing a friend or co-worker standardWeb links to files that

28

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Morpheusmakesaccessiblerom their PCs. BecauseMorpheususesHnP, the2 recipient of such inks could then access he file using any Web browser.34

17. In this way, groupsof musicians ollaborating n creatingor editingdigital musiccanshare inks to files; programmers orking collaboratively n a

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software project can sharecode~ amilies separatedby geographicdistance cansharephotos and videos. By using the Morpheus software to host the content, and

., by sendingone another simple Web links rather than whole files, distributed8 groups of users save on the time and resourcesnecessary or hosting the files9 remotely; avoid managing wo separatesets of files (critical when the file version

.10 matters, as with software code); and avoid sending arge email attachments herecipient may not need, or whose size may exceed he limits of their email12 provider.

13 8 Finally, though the Morpheus software's ocus on efficient use of1415

existing resourcesmakes t particularly valuable for individuals and smallorganizations, he ability to locate multiple redundant copies of files makes t

16 potentially useful as deeper nfrastructure as well. By being able to locate identical1.7 copies of files within the network of Morpheus users, and by being able)o18 dynamically re-configure the network basedon which PCs are currently connected19 and which are operating as "super-nodes," he Morpheus software provides much20 of the advantageof content-cachingservices such as Akamai, which aim to make21 network use more efficient by placing the content a user may want closer to them2223

(e.g. all the imageson the Yahoo homepagemight be cachedby Akamai servers nlocations aroWld he world, so that Yahoo users would access hese iles from

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local, less congestedservers).19. While not designed o be deployed as a content caching system~he

26 Morpheus software harnesseshe resourcesof the PCs connected o the system so27 efficiently that it has achievedmany of the benefits of caching and self-28 configuration at a fraction of the initial investment and ongoing cost of Akamai

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20. Many additional uses or the Morpheus software can be imagined2 Just as the Web was not envisionedby the pioneers of the futernet, and eBay was3 not envisionedby the early pioneers of the Web, doubtlesssome nnovative uses4 that cannot be imagined now will also arise. As an important innovation in

networking technology, the Mowheus software gives PC users a new and valuable6 tool fit for many potential uses7. I declare under penalty of perjury under the laws of the United Statesof89

America that the foregoing is true and correct and that this declaration s executedin E__1- . - .;"\ ~~I~) ~, t on- ,...,,~.1~ L i ,/' .J O\~/L~ .2002.16

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