DECL. OF ROBERT HARRISIN SUPP. OF APPLICATION FOR TRO AND OSC RE PRELIM. INJUNCTION;CASE NO.
Declaration of Bob Harris
I, Robert Harris, declare as follows:1.
I make this declaration in support of Plaintiffs’ Application for TemporaryRestraining Order and Order to Show Cause Re Preliminary Injunction. Except where the matters below are stated on information and belief, I have personal knowledge of the following facts setforth in this declaration and, if called as a witness, could and would competently testify to thefollowing opinions and the bases thereof:
Twitter has a monopoly in the market for its unique data.
Twitter is the dominant platform for users to post public, contemporaneous reports on their experiences. Socialmedia sites, like Facebook, that facilitate interactions among small groups of friends or colleagues, do not provide a substitute for this data.
Twitter’s promised “open ecosystem” for third party developers encouraged thirdparties like PeopleBrowsr to build businesses that depended on Twitter.
Twitter was built as an “open platform” -- a common business model employed by technologycompanies like Microsoft and Apple, in which third party developers can build businessesthat operate on an underlying platform (such as Apple’s iOS operating system) without the platform owner interfering in the market or picking which businesses will succeed.Twitter promoted its “open ecosystem” to encourage third parties to risk their time andmoney building businesses that depended on Twitter to survive.
PeopleBrowsr participates in a distinct “Twitter Big Data Analytics” market thatdepends on access to extremely high volumes of Twitter data.
“Big data” is a burgeoning field using sophisticated techniques to analyze truly massive amounts of datato understand and make predictions about people’s behavior.
PeopleBrowsr is one of asmall number of companies to apply “big data” techniques to Twitter, analyzing all or avery high percentage of the over 340 million short messages or “tweets” posted on Twitter each day. These “Twitter Big Data Analytics” companies offer services of much greater
Appx. 3, Ex. 1, “What is big data?” IBM.com, Ex. 2, “Sorting Out a Boundless World of BigData,” Wall Street Journal, 10/8/12.