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‘AO 88(Qev. 114) Subpoena in a Civil Case Issued by the UNITED STATES DISTRICT COURT Northern DISTRICT OF California Digital Millennium Copyright Act, section 512(h) subpoena to online peeusee) BEDYSSSE SUBPOENA IN A CIVIL CASI Case Number." CV 06 - 803 04MISC. we 10; Google, Inc., Google Video Support, DMCA Complaints 1600 Amphitheatre Parkway Mountain View, CA 94043 [—]_ YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to testify in the above case FAGEOPTESTIMONT COURAGE DATE AND Ti (J You ARE COMMANDED (o appear at the place, date, and time specified below to testify at th: taking of a deposition in the above case PLAGE GF DEPOSITION ATEAND THE OC] YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects): Documents sufficient to allow Landmark Education to identify the infringer “Asatgiaire" who posted videos labeled "Introduction" and "Inside the Landmark Forum"(1 through s of 6), as described in the letter of notification in Bxh. A. PLACE ‘OATEAND TIME Steefel, Levitt & Weiss, PC October 28, 2006 One Embarcadero Center, 30th Floor 10:00 AM San Francisco, CA 94111-3719 [] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. FREISES DATE AD THE Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(6)(6). ISSUING OFFICER'S SIGNATURE AND TITLE (NDIGATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) | DATE Sandy Morris 10 SSG OFFICERS NAN ADDRESS AND TELEPHONE NUMBER So. Ist St. RmMaila, San Tose CA (Ge Rae 5, Feel Rae of Gl Procol, pars Don even) "action pending indi athe ha isl ois, se diet onder ee ibe AQ 8 (Rev. 1/94) Subpoena ina Civil Case PROOF OF SERVICE ~ PLACE = = = SERVED ‘SERVED ON (PRINT NAME) WANNER OF SERVICE 7 ‘SERVED BY PRINT NAME DECLARATION OF SERVER | declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct. Executed on ‘ATE ‘SIGHATURE OF SERVER ‘ADDRESS OF SERVER ‘Role 45, Federal Rules of Civil Procedure, Pats C & D: (© PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (0A pacy or an story responsible for the issuance and service of a subpdens shall uke rexonable steps to avoid imposing undae burden expense on a peson subject to at subpoena. "The cout on Sch of SME woe hal Cs hey nd Impose ‘pon the pay of atorney in breach of this duty an appropriate Scion hich may incl, But ot lnited fo, et earings and ressonahe sey’ foe ) (A) A pemon commanded to produce and permit inspection and consag of delgated bok, paper, ovanents Sr angie ngs oF {napceton of premises need nt appear in person atthe lace of production ot [nopecton unless commanded to apes fo deposton, hearing (@ Sujet to paragraph (8) (2) ofthis rule, a person commanded to ‘produce and permit inspection and copying may, within 14 days after service Df subpoena Or before the tine specified fr compliance if seh time i less ‘than 14 days afer servos, serve Upon the party oF attorney designated in the subpoena writen objection 1 inspection ot copying of any or all ofthe ‘designated materials or ofthe promises, objection made, the pty serving the subpoena shall not be ented to inspect and copy materials Ur inspect the premises except pursuant to aa order of Ue cout by which the subpoena was [Ssued. Ifobjecton hasbeen made, the party serving the subpoena may, upon ‘otc tothe person commanded to produce, move a anytime for an order ‘compel the production. Such an order o comply production shall rotect any person who fs mot a party an officer of a pty fom significant expense Fesulting om the sspestion snd copying commanded (@)(A)On timely motion, the court by whith subpoena was issued shall «quash or modify the Subpoena ifit (6) flo allow reasonabletme for complianse, ogi poron who i nat pay or a fer ofa pr to tcaveltoaplage more tha 10 mules om th place where that person eis, $F employed or ular taneat businse pron, excep ta, subject 9 te provisions of clause (¢) (3) (8) i of his ul, sue a person may in order 19 attend rial be commanded w travel for any such place within the stain which {he tial is eld or the demanding party to const ecm, (i) rogues disclosure of privileged or otber protected matter and no exception of water apples ct (ie) subjects person to undue burden, (8) subpoena (i equi disclosure ofa tade seer o other conidemia esearch, evelopment, or commer information, oF (i) equtes disclosure of an unetained expe’ opinion o¥ information| ot dseribing specie events or aceurenes In dispute an resulting, fom the expert study made not atthe equest of ay pat, of (i) requires a person who is nota party or an officer of a party to incur substantial expense to rel more than 100 miles attend rl he court ‘may, to protects person subject to or afexed by the subpoena, quash or modi) the subpoena, or if the party in who behalf the subpoeaa is issued shows sulbstatialnee fer the testimony’ or mati that cannot be otherwise met without lundoe hardship and asus thatthe peson t whom the subpoena is addressed willbe resonably compensated, the court may order appearance or prodution ‘only upon specified conditions (8) DUTIES IN RESPONDING TO SUBPOENA. 1) A person responding to subpocna to produce documents shall produce them as they are Kept in the usual course af business o shall orpanize abd label ‘them fo entespond withthe etegoris in he demand (2) When information subject to a subpoena is wield on a claim that i rvlegd or subject to protection astral preparation materials, the claim shall be ‘made expresly and shall be supported by'a description of the nate of the documents, communications, or things not produced tha is suficint to enable the ‘demanding party to contest the cli. Lasonank enecmios ue sav RAISED C4941 By Facsimile and Hand Delivery roxas October 13, 2006 Google, Inc. Attn: Google Video Support, DMCA Complaints 1600 Amphitheatre Parkway Mountain View, CA 94043 To Whom It May Concern: THE FOLLOWING COMMUNICATION IS EXTREMELY TIME-SENSITIVE AND REQUIRES IMMEDIATE ACTION. UNLESS THE VIDEO REFERENCED IN THIS LETTER IS REMOVED WITHIN 24 HOURS, WE WILL IMMEDIATELY PURSUE LEGAL ACTION. As the General Counsel of Landmark Education, an international training and development company that delivers personal growth courses in 21 countries worldwide, I am writing to express our strong objection to the posting on your Website of a video which was found on Video Search, entitled *2003_Inside_Landmark_Forum" ( -5762907067305296500&hI=en). The video includes portions of our course The Landmark Forum, which course is copyrighted by and proprietary to Landmark Education, Not only does the video infringe our registered copyright (TXu 1-120-461), it is replete with libelous statements which are severely damaging to individuals that have been inaccurately portrayed without their consent and to Landmark Education. For these reasons, it is critical that the video be taken off your Site immediately or we will have no choice but to promptly initiate legal action. [ LandmarkEducation |