Case: 2:09-cv-00219-WOB-CJS Doc #: 177-1 Filed: 03/07/13 Page: 1 of 94 - Page ID#: 2696

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT COVINGTON

SARAH JONES, a/k/a/ JANE DOE, Plaintiff, v. DIRTY WORLD ENTERTAINMENT RECORDINGS LLC, et al., Defendants.

Case No. 2:09-cv-00219-WOB Judge William O. Bertelsman AFFIDAVIT OF NIK LAMAS-RICHIE IN SUPPORT OF DEFENDANTS’ RENEWED MOTION FOR SUMMARY JUDGMENT

I, NIK LAMAS-RICHIE, declare as follows: My name is NIK LAMAS-RICHIE. I am a resident of the State of California, am over the age of 18 years, and if called to testify in court I could and would truthfully testify to the following information based upon my own personal knowledge. 1. I am currently employed as the manager of Defendant DIRTY WORLD,

LLC (“Dirty World”) which owns and operates the website www.TheDirty.com. 2. I am aware that on January 10, 2012, the Court in this matter issued an

order finding that I was not entitled to immunity under the Communications Decency Act because, among other things, “The principal content of ‘the dirty.com’ web site is not only offensive but tortious.” To my knowledge, this conclusion is untrue and is without any basis in fact. 3. As of March 7, 2013, www.TheDirty.com contains a total of 121,863

separate posts in more than 900 separate categories. In addition, the site also contains a total of 3,182,200 comments about posts. 1

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4.

As I have previously stated, users are allowed to submit posts to

www.TheDirty.com on any topic they choose -- it is not necessary that the post be negative or derogatory in any way. Rather, users can (and do) submit posts about

anything or anyone, positive or negative, and as long as I think the topic is reasonably interesting and not obviously unlawful, I will approve the post for publication. 5. With more than 120,000+ posts on the site in 900 different categories, it is

impossible to make generalized conclusions about what type of “principal content” appears on the site. This is particularly true because new content is submitted every day, and the nature and type of submissions varies based on what is happening in the world at the time. For example, a substantial number of posts I received last November related to the presidential election race between Barack Obama and Mitt Romney. After the

election was over, the number of political submissions decreased. In January each year, submissions often relate to the Super Bowl. This past February, I received lots of submissions relating to the Sandy Hook school shooting in Connecticut followed by a large number of submissions relating to the debate on gun control. 6. Attached hereto as Exhibits 1–41 are just a small sample of posts currently Again,

appearing on www.TheDirty.com about these sorts of general news stories.

because users are permitted to submit posts on any topic they want, content appearing on the site can include general news stories like these, or it can include more personal posts like the ones which gave rise to this lawsuit. I do not have any control over what users choose to submit, so the range of possible content appearing on the site is essentially unlimited. 2

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7.

Contrary to the arguments presented by Ms. Jones in this case, material

appearing on www.TheDirty.com is frequently identical to the content appearing on more mainstream sites such as www.facebook.com. In fact, as reflected in Exhibit 42 attached hereto, Facebook contains a page about this litigation which includes a verbatim copy of the allegedly defamatory statements which Ms. Jones wants me to pay her $11 million for “publishing”. Similarly, as reflected in Exhibit 43, Facebook includes numerous news stories about this case including national television interviews given by Ms. Jones in which she actively discussed the facts of this case ensuring that her story reached the widest possible audience. 8. I completely disagree with the suggestion that all, or even a majority, of the Because unlawful content

posts appearing on www.TheDirty.com are unlawful.

increases the likelihood of litigation which has a severe negative impact on the site’s profitability, I have a vested interest in trying to exclude as much unlawful content as I can, keeping in mind that it is absolutely impossible for me to conclusively determine exactly what content is lawful and what content is not. 9. To that end, users who submit content to www.TheDirty.com are required

to agree to the site’s Terms of Service or “TOS” which are located on the site here: http://thedirty.com/terms-of-use/. A copy of our TOS is attached hereto as Exhibit 44. Among other things, Section 3 of the TOS specifically prohibits users from submitting any false or unlawful content: “Comments or any other material which is false, defamatory, or otherwise unlawful is not allowed.”

3

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10.

Although I cannot and do not make a pre-publication determination of what

content is true and what content is not, if someone contacts me and says that a post is false, I will usually agree to remove the post as a violation of our Terms of Service. However, over the years many people have contacted me and stated that post is false when, in fact, the post turned out to be completely true. For that reason, the mere fact that a person claims a post is false does not automatically mean the post is a violation of our Terms of Service. 11. Since I first started www.TheDirty.com, I have usually been willing to

remove content upon request in most cases. When I receive a removal request that I feel is appropriate, the actual post is not deleted from our server. Instead, it is marked “private” which has the effect of making the post disappear from public view, but a copy of the post remains on our server in case we need it for litigation or any other future use. 12. According to the site’s records, as of March 7, 2013, a total of 2,215 posts

have been marked “private”. However, this figure does not reflect the total number of posts removed since the site first began because prior to mid-2009, www.TheDirty.com operated under a different system in which posts were not marked “private”, they were simply deleted. Under the old system, when a post was deleted we did not keep any record of the post or of the fact that it was removed. As such, the existing total of 2,215 “private” posts does not include anything that was removed prior to the installation of our new system in mid-2009.

4

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Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. EXECUTED ON: March 7, 2013.

5

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Exhibit 1

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Exhibit 2

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Exhibit 3

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Exhibit 4

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Exhibit 5

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Exhibit 6

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Exhibit 7

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Exhibit 8

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Exhibit 9

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Exhibit 10

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Exhibit 11

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Exhibit 12

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Exhibit 13

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Exhibit 14

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Exhibit 15

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Exhibit 16

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Exhibit 17

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Exhibit 18

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Exhibit 19

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Exhibit 20

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Exhibit 21

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Exhibit 22

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Exhibit 23

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Exhibit 24

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Exhibit 25

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Exhibit 26

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Exhibit 27

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Exhibit 28

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Exhibit 29

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Exhibit 30

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Exhibit 31

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Exhibit 32

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Exhibit 33

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Exhibit 34

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Exhibit 35

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Exhibit 36

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Exhibit 37

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Exhibit 38

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Exhibit 39

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Exhibit 40

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Exhibit 41

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Exhibit 42

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Exhibit 43

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Exhibit 44

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Terms of Use This website is owned and operated by: Dirty World, LLC, a Delaware Limited Liability Company Email: legal@thedirty.com Mailing Address: Dirty World, LLC c/o Corporate Creations Network, Inc. 3411 Silverside Road, #104 Rodney Bldg. Wilmington, DE 19810 Fax: (480) 248-3196 NOTICE: We strongly prefer to be contacted by email. If you contact us via fax or regular postal mail, your correspondence MUST include an email address where we can send a response. Written inquiries which do not include a valid email address will not be reviewed and will not receive a response. Dirty World LLC reserves the right to change and modify this site at any given time without any notice and, by using this site subsequent to the revision of the term of use, you agree to be bound by such changes, if you find the terms of use to be unacceptable, you must immediately terminate your use of this web site. 1. The images, documents and graphics published at thedirty.com could include inaccuracies or typographical errors. Dirty World LLC reserves the right to modify the information contained in this Web Site without notice. Dirty World LLC site may contain links to other Web Sites which are completely independent to this Web Site. Dirty World LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information oropinions in any such linked Web Site, and any link to another Web Site shall not in any manner be construed as an endorsement by us of that Web Site, or the products or services offered therein. Dirty World LLC does not endorse the opinions of third parties expressed on this site or on linked Web Sites. 2. Thedirty.com is all about gossip and satire. The content that is published contains rumors, speculation, assumptions, opinions and factual information. Postings may contain erroneous or inaccurate information. The owner of this site does not ensure the accurateness of any content presented on thedirty.com. 3. By submitting photos, videos and statements to thedirty.com you agree to express consent to publish and release liability from our officers, employees,

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vendors, contractors, subcontractors, suppliers agents and affiliates. Comments or any other material which is false, defamatory, or otherwise unlawful is not allowed. Upon submission you will have irrevocably agreed to these terms. All submissions will remain confidential. 4. In the event that a third party has submitted content of your likeness and would like to request removal, please visit the FAQ’s page. Removal is done at the discretion of Dirty World LLC. 5. All written submissions on the blog are opinions of third parties and not of Dirty World LLC. Dirty World LLC is not responsible for the written opinions and content submitted. 6. If you do not agree with any of these Terms of Use please do not use this Site, because by using this Site you will be deemed to have irrevocably agreed to these terms. 7. All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web Site belongs to Dirty World LLC. All logos, images and text are © 2008-2012 Dirty World LLC. All rights are reserved. This website is purely based on entertainment. Dirty World LLC in no way means intent to harm and is reasonable to work with. If you cannot make fun of yourself, who can you make fun of?

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