Case 3:12-cv-00889-GPM-SCW Document 61-1 Filed 04/05/13 Page 1 of 3 Page ID #2202

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS __________________________________________ LIGHTSPEED MEDIA CORPORATION, ) ) Plaintiff, ) Case No. 3:12-cv-00889-WDS-SCW ) v. ) ) ANTHONY SMITH, SBC INTERNET SERVICES, ) INC., d/b/a AT&T INTERNET SERVICES; AT&T ) CORPORATE REPRESENTATIVE #1; COMCAST ) CABLE COMMUNICATIONS, LLC, and ) COMCAST CORPORATE REPRESENTATIVE #1, ) ) Defendants. ) __________________________________________ ) DECLARATION OF ANTHONY SMITH 1. On August 20, 2012, around 9 p.m. I answered a knock at my door. 2. A man with a flashlight greeted me and handed me paperwork saying it was a subpoena for me to appear in court because I was in a lot of trouble. 3. He asked me if I knew what the subpoena was for and I told him that I truthfully had no idea. 4. He proceeded to explain to me that the lawsuit had to do with computers and hackingat that point I thought they had the wrong person until I saw my name on the paperwork. 5. He continued to tell me that I was in a lot of trouble and that I should get an attorney immediately. 6. At that point he handed me his business card. On the back was written John Steeles name and phone number. 7. He said that John Steele was a big deal attorney from Washington, D.C who had no interest in the case but wanted to help me negotiate a settlement, and that I should call him. 8. Instead of contacting Atty. Steele, I contacted my friend who is an attorney. 9. My friend looked over the paperwork and put me in touch with my counsel in this matter, Jason Sweet. 10. After speaking with Atty. Sweet, I learned for the first time that John Steele, in fact, represented the Plaintiffs law firm. 11. The Plaintiff claims that I accessed their websites without authorization to download and distribute its content to others. I am, and always have been, innocent of these allegations. Dated: April 5, 2013

Case 3:12-cv-00889-GPM-SCW Document 61-1 Filed 04/05/13 Page 2 of 3 Page ID #2203

Case 3:12-cv-00889-GPM-SCW Document 61-1 Filed 04/05/13 Page 3 of 3 Page ID #2204