1

I, SeanL. Mayers, hereby declare:

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My nameis SeanL. Mayers. reside in Toronto, Canada. 2 I am the co-founderandthe Chief ExecutiveOfficer of J!VE Media
Technologies, Inc. ("J!VE Media"), a company incorporated in 2000 under the

laws of the Provinceof Ontario,Canada, having its registered and office in

6 Toronto, Ontario, Canada. ,.
8 9

3.

I hold a Mastersin Business Administrationfrom Queen'sUniversity,

Kingston,Ontario,Canada, Certificationin CompetitiveMarketingStrategy and from WhartonBusiness Schoolin Philadelphi~Pennsylvania. 4. Development Manager Beforejoining J!VE Media, wasthe Business
for Hotline Communications Ltd, a company that focused on file-sharing software

10

12 applications.Beforethat, wasthe Marketing,Media and Sales Director of 13 Ticketmaster Canada. have over ten years of businessexperiencein the in 14 internetentertainment industry,duringthe last four yearsof which I have IS

specializedin businessopportunities in the peer to peer and distributed computing

16 communities the internet. of

5. J!VE Media is the creatorof a suiteof digital video packaging, digital . 18 rights management, mediadelivery services, and which enablecontentprovidersto
17

19 distributetheir video contentvia file-sharingon open,decentralized peer-to-peer
20 networks and instant messagingcommunities. We specialize in three types of 21
22

services: first, safeguardingand customized digital packaging of clients' video content; second,distribution of enhancedvideo content using the file sharing

23
24

softwareof our Syndicated DistributionNetwork Partners; third, trackingof and
our clients' enhancedvideo content.
6,

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J!VE Media relieson the file sharingsoftwareof the members our of

SyndicatedDistribution Network to distribute content provided by our clients. I!VE Media's SyndicatedDistribution Network Partners include LimeWire, Grokster, MusicCity, and other peer to peer technology leaders By usingthe file
DECLARATION

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OF SEAN [MAYERS

IN SUPPORT OF DEF~DANT'S

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MOTION FOR PARTIAL SUMMARY

JUDGMENT

1416528 -t

CASE NO.: 01..08541 SVW (PJWx)

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1 sharing software of its Syndicated Distribution Network Partnersto distribute 2 3 4 5 6
.7

content,J!VE Media is ableto distributeour clients' contentto the 17million computers currentlyusepeerto peerfile-sharingnetworks. that 7. I!VE Media's clientsarecontentproviderswho arewilling to have
their J!VE Media protected content distributed by users of peer to peer file sharing software, including the millions of users of the Morpheus, KaZaA and Grokster applications.

8

8.

Existing open,decentralized to peerfile-sharingnetworks,when peer

9 combined with the services offeredby J!VE Media, offer contentownersdistinct 10 businessadvantagesover alternate online distribution technologies. Streaming and
1

centralized downloads representthe two most common forms of online distribution

12 used by content owners today. Each has distinct drawbacks.
13

9.

Distribution via streaming usually involvesrepeated access content to

14 by consumers, which in turn resultsin networkcongestion, degraded content
15 quality and high bandwidth costs for content providers.

16
11

10.

Similarly, offering downloads from controlledwebsites entails

considerable bandwidth,datastorage, maintenance and costs,asthe burdenof
11. By utilizing existing peer to peer file-sharing networks, in contrast,

18 providing these resourcesfalls entirely on the content provider. 19 20 21 22

content owners are able to rely almost entirely on users to provide the most costly computing resourcesinvolved in digital distribution: data storageand bandwidth. I!VE Media's technology, meanwhile, provides the elementsof security and

23 control that content owners desire.

24

12.

The flagshipproductof J!VE Media is theJ!VE PlayerPortable

25 Media File fomlat. This productallows J!VE Media to individually package music

26 videos, television and movie segmentsprovided by content providers, with
.2J commercial sponsorshipand advertising selectedby our clients..
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-3DECLARATION SEANL. MAYERS IN SUPPORT OF DEFENDANT'S MOTION FOR PARTIAL SUMMARY J CASE NO.:OI-O8S41 SVW(PJWx)

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.}

3

J!VE PlayerPortableMedia Files areuniquein severalrespects.

2 First, they are designedto be downloaded by consumers,played and shared. The
3 4 5 6 7 8

files arecompressed makethem attractiveto consumers to facilitate sharing to and between internetconsumers peer-to-peer of networks,instant-messaging communities via an emaillilik. or
14. Second,digital rights managementin the files protect our clients' valuable video content. J!VE Media also tracks the distribution of our digitally wrapped content and reports on content distribution and promotional penetrationto

9 our clients.
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15

Third, J!VE -Pla~r Portable Media files allow content.providers to

11 incorporate weblinks to e-commercesites and can embed commercials which

12 dynamicallychange, depending the contentbeingviewed by the consumer. on
13

16.

Finally, sinceJ!VE Media distributesonly authorized content,J!VE

14 PlayerPortable Media Files provide consumers with the experience watching of
IS

very high-quality, fIrSt-generationvideo content. 7. A variety of content owners have recognized and embracedthe

16

17 opportunities presentedby combining open, decentralizedpeer to peer file-sharing 18 networks with J!VE Media's technology. J!VE Media has concluded agreements:

19
20

(a)

With the Priority Records division of the EM! Recorded Music Group to packageand distribute the promotional music video track "My Baby" by the well-known musical artist Lil' Romeo. J!VE Media seededthe Gnutella/ Lime Wire peer-to-peer network with the I

21
22
23 24 25

enhanced video file. The file thenspontaneously spread the to FastTrack users'network (comprised usersof the Morpheus, of KaZaA andGrokstersoftware).This promotionwas extremely
successful. By November 2001, over 400,000 unique downloads had beenrecorded, of which 600/0 took place on open, decentraliZed peer-to-peernetworks;
-4IN SUPPORT OF DEFENDANT' CASENO.:OI-QSS41 MOTION FOR P SVW(PJWx)

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141652S_1

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(b)
2
3 4 5

With Koch International, the world's third largest independent music label;

(c)

With CHUMCity Interactive, the media arm of Canada'sCHUM Television, which owns the 24 hour music channelMuchMusic, to packageand distribute severalof its proprietary television programs including the Movie Television and Fashion Television channels;

6
,. 8 9

(d)

With The ComedyNetwork, Canada's24 hour comedy cable channel,for television content; and

(e)

With Icebox Animation, the creatorsof the popular animatedhits "Zombie College," "Mr. Wong" and" StarshipRegulars"to packageand distribute selectedworks.

10

12
,11

18.

J!VE Media is also currently exploring promotional and distribution

opportunities with contactsfrom severalmajor motion picture studios and large

14 United States' and Europeantelevision networks. 15

19.

J!VE Media's businessdependsupon peer to peer file sharing

16 networks, including the networks formed by the community of usersthat employ 7 the software producedby the defendantsin this case. 18

declareunder penalty of perjury under the laws of the United Statesof

19 America that the foregoing is true and correct and that this declaration is executed 20 in Toronto, Canadaon 21
22
~AtIl,4;~ 11.{

,2002

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-5-1416528 DECLARA-noN OF SEAN i:: MA YERSIN SUPPORT DEFENDANTS MO-noNFOR PARTIAL SUMMARY JUDGMENT OF
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