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1 IAndrew P. Bridges, StateBar No. 122761
2

IlRic~d Ness~, StateBar No. 180682

3 AlexanderD. MacGillivray, StateBar No. 212770 wn..SON SONSINI GOODRlCH & ROSATI 4 Professional Co:JPoration
I

Jennifer A. Golirivea~ StateBar No. 203056 Terri Y. Che~ ~tate Bar No. 209854

650 Page Mill Road 5 Palo Alto, CA 94304-1050
1

6 I Telephone:(650) 493-9300 Facsimile: (650) 493-6811

7 Cindy A. Cohn,StateBar No. 145997

9 454 ShotwellStreet SanFrancisco CA 94110 10 Telephone:(4'15)436-9333x 123 Facsimile: (415) 436-9993 11 12 JosephR. Taylor, StateBar No. 129933
I

8 Robin D. Gross~tate Bar No. 200701 ELECfRONIC r KONTIER FOUNDATION

Fredvon Lohman~n, Bar No. 192657 State

13 Max]. ~p~~c!t!!.\State BarNo. 169285
14 3130 Wilshire Boulevar~ Suite200 SantaMonica CA 90403 15 Telephone:(310) 881-2192 Facsimile: (310) 453-5901

Jeffrey K. Compto~ StateBar No. 142969

LINER Y AN l!...r..L VI T Z SUNS IllNE & REGEN STRE IF E

16 !Attom~s for Defendants
8
\ StreamCast N etworks1rInc.) MusicCity Networks, !DC.

17 I IMusicCity.CO~Inc. (now known as
and

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UNIT1::U STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA, WESTERNDMSION

YER 22 I:r-.mTRO-GOLDWYN-MA STUDIOS INC., et al.~ 23 Plaintiffs, 24
25

CaseNo. 01-08541SVW (PJWx)
:MEM OR .AND UM OF PO!NT S AND AUTHORITIES OF DEFENDANTS STREAM CAST NETWORKS, INC. (F 0 R1vIERL Y KNOWN AS MUSICCITY .COM INC.) AND MUSICCITY NETWORKS INC. IN SUPPORT OF MonON FOR PARTIAL SU1\tfivlAR Y JUDG:ME NT . D ECI...ARA TI 0 N S OF DARRELL

vs
GROKSTE~ Lill., et aI., Defendants

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28

SMITH WllLIAM CLAY SlllRKY ANDREW P. BRIDGES, GREGORY

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~

~

1
2 3 4 5
PRELINGEK STEVE W. GRIFFIN AND RICHARD NESSAR Y IN SUPPORT OF

MonON

[Notice of Mati on and MotioI!, and
Statement of Uncontroverted Facts and Conclusions of Law, filed concun-ently herewith] ,

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Date: Time: Ctrm:

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February25,2002 1:30 p:m. 6 (Spnng.Street) Ron. Stephen Wilson V.

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,
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I, William Clay Shirky, hereby declare:

My nameis William Clay Shirky. I residein Brooklyn,New York 2.
My current position is Adjunct Assistant Professorat NYU's (New York University's) graduateInteractive TelecommunicationsProgram,where I lecture on the social and technological effects of network design. I am a co-author of a recent researchreport and a recent book on peer-to-peertechnology, both

7 published by O'Reilly Press,and have spokenwidely on peer-to-peerat industry
8
9
1(}

andpolicy organizations suchasPC Fo~

the AspenInternetPolicy Project,the

Markle Foundation, Practicing the Law Institute,andthe U.S. Navy. I have
written about peer-to-peerin a variety of outlets, such as Business2.0, O'Reilly Network, Harvard BusinessReview, Wall Street Joumal, and New York Times. I

1

12 have also worked as a consultanton peer-to-peerissuesfor Red Hat Software,
13 Nokia, andIntel

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Prior to my appointmentat NYU, I was Partner for Technology

Strategyat the Accelerator Group, an early stageinvestmentfund located in New

16 York City, and Assistant Professorof New Media in both the undergraduate and 17 graduatemedia programs at Hunter College. From 1995-1997,I was Vice-

18 Presidentof Technology, EasternRegion for CKS Group and Chief Technology
19 Officer of SiteSpecific (acquired by CKS). I have written regularly about the

20 social and economic effects of Internet technology since 1993, when I began 21 writing books about the Intemet for ZitI-Davis press.
22

4

Morpheus, a software program that allows usersto make files

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available from their personalcomputersover the Internet, createsa self-organizing network amongits users. That network is arrangedso that eachuser can use their PC both to host files (i.e. to make files available to other users)and to accessfiles

26 hosted by other users as well Becauseevery computer in the systemcan perform
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tIle samefunctions, this is called a "peer-to-peer" architecture. AS one would expect from a systemwhere all computersare peers, the Morpheus software makes

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1 unable to offer their footage to the world at large, even when that footage might be
2

of considerableinterest. By using the Morpheus software as a distribution platform~the impedimentsand coststo distribution of such material disappear. 12. In addition to sharingfiles that document events,Morpheus allows

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artists and creatorsworking with digital media an easy-to-useand low-cost outlet for their own creative works Although the ability of an individual to create or edit audio, video, and other multimedia files on the averagehome PC is improving dramatically every year (Apple, for example,now ships both audio and video editing software free of chargewith every Macintosh computer), the infrastructure

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10 for distributing this PC-createdcontent has not kept pace with the creative tools

Consequently,much of the contentremaln~trapped on the creator'sPC. By
12 allowing multimedia creatorsto host files on the samePCs where they createthem,

.

13 the Morpheus software significantly lowers the barriers to disseminatingtheir 14 work 15

13.

The Morpheussoftwareis alsoableto store"meta-data" infofDlation

16 with files shared Morpheus by users. For example,this might include infonnation 17 regardingthe author or title of a file, in addition to its file name This provides 18 usersa simple method for annotatingcontent with meta-data. On the Web, it is 19 very difficult to associatethe contentsof the file (the data) with information about 20
21

the in the file (the meta-data) As an example, datacontained this document-the
advantages and possible usesof the Morpheus software- .is different from the

22 meta-data-which might include the author'scontact information, the date the
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documentwas create~ its len~

file format, and so on. By linking the meta-data

24 with the file itself, the Morpheus software makes it easy for usersto annotatefiles 25 26
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they host, from simple things like noting authorship or creation date of a certain file, to allowing for the creation of new categoriesof searchableinfonnation, appendedto the "Description" section of file meta-data

'~;~~:

:aJ9166S 1

14.
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Themeta-data capabilities the MorpheussoftWare of couldpermit

1 usersto become just hostsof content,but critics andguidesaswell. For not
example,becausemeta-datais supplied and can be altered by Morpheus users, a user who wanted to offer an assessment the quality of various files could create of their own ratings category. For example, I could give files I hosted a "ShirkyRating," from 1 to 10. By associatingsuch a rating with files that I like or

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7. dislike, I createmeta-datathat other users can searchfor. This annotationwould 8 9

be linked to any files I labeled, and the instructions for using such a rating system could be sent independentof the file itself, either in Morpheus's chat area, or via

10 email and other media

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Such annotations,in fact, need not be restricted to simple meta-data.

12 Instea~ annotationscould be stored in separatefiles, then associatedto the original
3

files by way of meta-dataassociated with the files. Michael Hart of Project

14 Gutenberghas spent over 30 years making public domain texts available in every

15 conceivableelectronic medium. Severalof thesetexts are densephilosophical,
16 scientific, literary or religious texts (Hurne, Kant, the Hurnan Genome,the Bible) 17 that can be difficult to grasp without some interpretation. individUals and 18 organizationscould add exegesisand explanatory text to theseworks and make 1.9 them available through Morpheus, naming and describing them so as to point to

2rJ their explanatory character,without needing to secureor maintain Web hosting for
2.1

these annotationfiles.

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Collaborative groupscan also use the Morpheus software as a low-

cost, simple method for sharingdocuments In essence,it can be used as an easyto-configure Web server. Becausethe Morpheus software usesstandardInternet.

25 protocols such as HTTP (Hypertext Transfer Protocol, the foundation of the Web)
26

to sharefiles, a user running the Morpheus software can make files available to small groups by emailing a friend or co-worker standardWeb links to files that

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Morpheus makesaccessible from their PCs. Because MorpheususesHnP, the
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recipient of such links could then accessthe file using any Web browser.

17.

In this way, groupsof musicians collaborating creatingor editing on

digital musiccansharelinks to files; programmers working collaboratively a on
software project can sharecode~families separatedby geographicdistancecan sharephotos and videos. By using the Morpheus software to host the content, and

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., by sendingone another simple Web links rather than whole files, distributed
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groups of users saveon the time and resourcesnecessaryfor hosting the files remotely; avoid managingtwo separatesetsof files (critical when the file version matters, as with software code); and avoid sendinglarge email attachmentsthe recipient may not need, or whose size may exceedthe limits of their email

12 provider. 13

8

Finally, though the Morpheus software's focus on efficient use of

14 existing resourcesmakesit particularly valuable for individuals and small 15 organizations,the ability to locate multiple redundantcopies of files makes it

16 potentially useful as deeperinfrastructure as well. By being able to locate identical
1.7

copies of files within the network of Morpheus users, and by being able)o dynamically re-configure the network basedon which PCs are currently connected

18

19 and which are operating as "super-nodes,"the Morpheus software provides much 20 21
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of the advantageof content-cachingservicessuch as Akamai, which aim to make network use more efficient by placing the content a user may want closer to them (e.g. all the imageson the Yahoo homepagemight be cachedby Akamai serversin locations aroWldthe world, so that Yahoo userswould accessthesefiles from local, less congestedservers). 19. While not designedto be deployed as a content caching system~ the

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Morpheus software harnesses resourcesof the PCs connectedto the systemso the

27 efficiently that it has achievedmany of the benefits of caching and self28

configuration at a fraction of the initial investment and ongoing cost of Akamai
-7 2091665 1-

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20.
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Many additional usesfor the Morpheus software can be imagined

Just as the Web was not envisionedby the pioneers of the futernet, and eBay was not envisionedby the early pioneersof the Web, doubtlesssomeinnovative uses that cannot be imagined now will also arise. As an important innovation in networking technology, the Mowheus software gives PC users a new and valuable tool fit for many potential uses I declareunder penalty of perjury under the laws of the United Statesof America that the foregoing is true and correct and that this declaration is executed

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