UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK NoyELL, INC., a Delaware Corporation, | Plaintife, i vs CARL REIMERDES, individual, and DOES 1-50, inclusive, Defendants. FILED IN CLERKS OFFICE us, DINHeT PART FD, AE a yoligfaa oe Ce We AM, PL0.008 THIS DOCUMENT IS FILED UNDER SEAL i may cy-93- DECLARATION OF DREW BRIGGS IN SUPPORT OF " pramntrre’s ex Parte QIETON, |) MOTION FOR A TEMPORARY RESTRAINING ORDER, ' seanc, seizure AAA ZRACK, |V IMPOUNDMENT ORDER, Alt ORDER TO. SHOW CAUSE” RE PRELIMINARY. INJUNCTION, AND AN ORDER GRANTING laCCRLERATED, PaprRraL /) (> DISCOVERY”| | | I UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK x CV-93- NOVELL, INC., a Delaware DECLARATION OF DREW Corporation, BRIGGS IN SUPPORT OF PLAINTIFF/S EX PARTE Plaintiff, MOTION FOR A TEMPORARY RESTRAINING ORDER, A vs. SEARCH, SEIZURE AND IMPOUNDMENT ORDER, AN ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION, AND AN ORDER GRANTING ACCELERATED PRETRIAL DISCOVERY CARL REIMERDES, individual, and DOES 1-50, inclusive, Defendants. (THIS DOCUMENT IS FILED UNDER SEAL) | I, DREW BRIGGS, declare as follows: a. I make this declaration in support of Novell, Inc,’s ex parte application for: temporary restraining order; order to show cause regarding a preliminary injunction; search. seizure and impoundment order; order regarding accelerated pretrial discovery; and order sealing the file in the above- referenced matter. | . I have personal knowledge of the facts set forth herein and if called as a witness I could and would be able to testify competently to such facts. 3. I am an Investigative Technician employed by Plaintiff, Novell, Inc. ("Novell"), located in Provo, Utah. My duties include investigating reports of individuals and/or businesses who are using and/or making unauthorized copies of Novell’s software products. PLo.008 2.| i t i i | a. Pechnical Background. | 4. In order to operate a computer, a user needs software. Software consists of computer language instructions that provide the computer with programming information needed by the computer to allow it to perform practical functions for a user. Although sone users write their own software, the majority of computer users purchase copyrighted commercial software. Commercial software is produced by individual programmers or commercial software companies, who generally create a software program, package it, market it, and distribute it for sale to the general public, primarily through retail stores and mail order merchants. 5. The copyright holder to these commercial programs retains certain exclusive rights, including reproduction, distrinution, rental, lease or lending. Instructions and license agreements provided with each original package of software set out) the rights and responsibilities of individual users. By law, an authorized user is allowed to make a single copy of the program for archival purposes only. Under no circumstances is any user allowed to distribute the software to others without the explicit permission of the copyright holder, 6. Commercial software of the type developed by Novell is distinguished from "shareware" and "freeware" programs which are software programs that the author has either dedicated to the public domain or allowed to be distributed for no fee or a de minimis fee paid on the honor system. While it is legal to | 0.008