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DECLARATION OF GLENN REINMAN, PH.D.IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION
KENDALL BRILL & KLIEGER LLPRichard B. Kendall (90072)
rkendall@kbkfirm.com
Laura W. Brill (195889)
lbrill@kbkfirm.com
Richard M. Simon (240530)
rsimon@kbkfirm.com
Dorian S. Berger (264424)
dberger@kbkfirm.com
10100 Santa Monica Blvd., Suite 1725Los Angeles, CA 90067Telephone: 310.556.2700Facsimile: 310.556.2705FENWICK & WEST LLPLaurence F. Pulgram (115163)
lpulgram@fenwick.com
Jennifer L. Kelly (193416)
jkelly@fenwick.com
555 California Street, 12th FloorSan Francisco, CA 94104Telephone: 415.875.2300Facsimile: 415.281.1350Attorneys for CBS Interactive Inc. andCNET Networks, Inc.
UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
ALKIVIADES DAVID
,
et al.
, Plaintiffs,v.CBS INTERACTIVE INC., CNETNETWORKS, INC.,Defendants.Case No. CV11-9437 DSF (JCx)
DECLARATION OF GLENNREINMAN, PH.D. IN SUPPORT OFDEFENDANTS’ OPPOSITION TOPLAINTIFFS’ MOTION FORPRELIMINARY INJUNCTION
[Filed concurrently with Opposition to Motion for Preliminary Injunction, Declaration of Leana Golubchik, Ph.D., Declaration of Sean Murphy, Declaration of Dorian Berger, and Evidentiary Objections]
Hon. Dale S. FischerDate: February 25, 2013Time: 1:30 p.m.Crtrm.:840
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DECLARATION OF GLENN REINMAN, PH.D.IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION
DECLARATION OF GLENN REINMAN, PH.D.
I, Glenn Reinman, Ph.D., declare as follows:1.
I have been retained by defendant CBS Interactive Inc. (“CBSI”) in theabove-entitled action. I have personal knowledge of the facts set forth herein,except as to those stated on information and belief and, as to those, I am informedand believe them to be true. If called as a witness, I could and would competentlytestify to the matters stated herein.I.
Introduction
2.
My name is Glenn Reinman. I have been asked by CBSI to conductanalysis and provide opinions regarding matters at issue in this case. Thisdeclaration focuses, in particular, on addressing non-infringing beneficial uses of BitTorrent technology, the availability of Plaintiffs’ works online, and thefunctionality of CBSI’s Web site.
A.
Qualifications
3.
I am currently an Associate Professor in the Department of ComputerScience at the University of California Los Angeles in Los Angeles, California(“UCLA”). I joined the faculty of UCLA in 2001 as an Assistant Professor.4.
I have a Bachelor of Science from the Massachusetts Institute of Technology (1996), a M.S. from UCLA (1999), and a Ph.D from UCLA (2001).5.
For more than 15 years, my research has focused on computer systems,including network design. I am an expert in the fields of computer architecture andsystems, including the areas of computer networking. I have recently published inthe International Conference on Mobile Computing and Networking(MOBICOMM), one of the premier conferences in computer networking. In mywork I use peer-to-peer (“P2P”) software and BitTorrent.6.
I am being compensated at a rate of $350 per hour for my work on thiscase. I am also being reimbursed for reasonable and customary expenses associated
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DECLARATION OF GLENN REINMAN, PH.D.IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION
with my work and testimony in this case. No portion of my compensation isdependent upon the results of this lawsuit or the substance of my testimony.7.
A true and correct copy of my curriculum vitae is attached as Exhibit 1;it includes all publications I have authored within the preceding ten years.
B.
Materials Reviewed
8.
In preparing this declaration, I reviewed materials including thefollowing: Plaintiffs’ Motion for a Preliminary Injunction and accompanyingexhibits, Plaintiffs’ First Amended Complaint, and the order of this Courtconcerning CBSI’s motion to dismiss. I have also examined CBSI’s publiclyavailable Web sites to understand their functionality and operation. In conductingmy analysis and researching my conclusions, I also relied on my education andexperience.II.
Benefits Of The BitTorrent Protocol
9.
BitTorrent is a well-known protocol for providing fast, reliablecommunication through distributed downloads. But in addition to providingincreased download speed and reliability, BitTorrent has a number of otheradditional benefits.
A.
BitTorrent Reduces Aggregate Internet Traffic
10.
A critical concern for the efficient operation of the Internet is theamount of Internet traffic. Many requests for files need to be routed over tens of thousands of miles of electronic, wireless and optical communicationsinfrastructure. Because of the amount of data transferred over the Internet,companies must make significant and costly investments in Internet infrastructure.The investments include the laying of undersea cables, investing in routers, andmaintaining network equipment. Reducing the amount of data that is transmittedover the Internet is a major concern to corporations, universities, and individuals.
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