88927396 Boyle Hotfile
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EXHIBIT A
PUBLIC VERSION
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDACASE NO.: 11-CIV-20427-WILLIAMS/TURNOFFDISNEY ENTERPRISES, INC.,TWENTIETH CENTURY FOX FILMCORPORATION, UNIVERSAL CITYSTUDIOS PRODUCTIONS LLLP,COLUMBIA PICTURES INDUSTRIES,INC., and WARNER BROS.ENTERTAINMENT INC.,
Plaintiffs
,v.HOTFILE CORP., ANTON TITOV, andDOES 1-10.
Defendants
. / HOTFILE CORP.,
Counterclaimant
,v.WARNER BROS. ENTERTAINMENT INC.,
Counter-Defendant
. /
[REDACTED] DECLARATION OF PROFESSOR JAMES BOYLEIN SUPPORT OFDEFENDANTS’ OPPOSITIONTO PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENTAND EXHIBITS THERETO
FILED UNDER SEAL
CASE NO.: 11-CIV-20427-WILLIAMS/TURNOFF2I, JAMES BOYLE, declare as follows:1.
I am currently the William Neal Reynolds Professor of Law at Duke University,and have been retained by Farella, Braun + Martel LLP on behalf of the Defendants in this actionas an expert witness.2.
I received an LL.B. (Hons) from Glasgow University (1980), and an LL.M.(1981) and S.J.D. (1986) from Harvard Law School. I have been a law professor since 1982,teaching at American University, and at the Universities of Pennsylvania, Harvard and Yale as aVisiting Professor. In 2000 I joined the law faculty at Duke.3.
My academic research is mainly in the areas of intellectual property andcommunication policy, with a focus on the Internet. I have written and edited numerous articlesand books on these subjects. In general, my research and scholarship has focused on:i)
Copyright law, particularly in the digital arena.
I have published extensivelyon copyright in law journals, monographs, and edited collections of essays; a full list isavailable in the attached curriculum vitae. In 2011 I was selected by the Britishgovernment as one of five expert advisors to the Hargreaves Review of IntellectualProperty which was tasked with adjusting copyright law to the digital age. Also in 2011, Iwas chosen to give the annual Melville Nimmer Lecture on Copyright.ii)
Technology and technology policy.
In 2003 I received the World TechnologyNetwork Award for law. My most recent book,
The Public Domain
(Yale UniversityPress 2009), was the American Society for Information Science and Technology “Book of the Year” and the winner of the Donald McGannon Award for CommunicationsPolicy. My earlier book
Shamans, Software and Spleens: Law and the Construction of the Information Society
(Harvard University Press 1996) also deals with these issues.Beyond my monographs and edited collections of essays, my publications have been insuch journals as C
OMMUNICATIONS
O
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T
HE
A
SSOCIATION
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F
C
OMPUTING
M
ACHINERY
,one of the leading computer science journals in the world, the H
ARVARD
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OURNAL
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AW
A
ND
T
ECHNOLOGY
, and the D
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AW
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EVIEW
. Until January1st 2012, I served as a Board Member of the Public Library of Science.
