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United States Court of Appeals for the Second Circuit The Authors Guild v. Google, Inc. Doc. 38 12-3200 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT THE AUTHORS GUILD, INC., Associational Plaintiff, BETTY MILES, JOSEPH GOULDEN, and JIM BOUTON, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. GOOGLE INC., Defendant-Appellant. On Appeal from an Order Granting Certification of a Class Action, Entered on May 31, 2012, by the United States District Court for the Southern District of New York, No. 1:05-cv-08136-DC Before the Honorable Denny Chin JOINT APPENDIX—Volume I of IV (A1-225) MICHAEL J. BONI SETH P. WAXMAN JOSHUA D. SNYDER LOUIS R. COHEN BONI & ZACK LLC RANDOLPH D. MOSS 15 St. Asaphs Road DANIEL P. KEARNEY, JR. Bala Cynwyd, PA 19004 ARI HOLTZBLATT (610) 822-0200 WILMER CUTLER PICKERING Counsel for Plaintiffs-Appellees HALE AND DORR LLP The Authors Guild, Inc. et al. 1875 Pennsylvania Avenue, NW Washington, DC 20006 (202) 663-6000 Counsel for Defendant-Appellant Google Inc. ADDITIONAL COUNSEL LISTED ON INSIDE COVER November 9, 2012 Dockets.Justia.com ROBERT J. LAROCCA DARALYN J. DURIE KOHN SWIFT & GRAF, P.C. JOSEPH C. GRATZ One South Broad Street DURIE TANGRI LLP Suite 2100 217 Leidesdorff Street Philadelphia, PA 19107 San Francisco, CA 94111 (215) 238-1700 (415) 362-6666 Counsel for Defendant-Appellant SANFORD P. DUMAIN Google Inc. MILBERG LLP One Pennsylvania Plaza New York, NY 10119 (212) 594-5300 Counsel for Plaintiffs-Appellees The Authors Guild, Inc. et al. TABLE OF CONTENTS Page Volume I Docket entries, No. 1:05-cv-08136-DC (SDNY) ...................................................A1 Letter From Pamela Samuelson to Honorable Denny Chin re Academic Author Objections to the Google Book Search Settlement, Jan. 27. 2010, Dkt. No. 893 .....................................................................................A95 Fourth Amended Class Complaint, Oct. 14, 2011, Dkt. No. 985.......................A119 Declaration of Joanne Zack in Support of Plaintiffs’ Motion for Class Certification, Dec. 12, 2011, Dkt. No. 991...............................................A135 Exhibit 10, Google Books Snippet View Page for Ball Four by Jim Bouton ............................................................................................A139 Exhibit 11, Google Books Snippet View Page for Ball Four by Jim Bouton ............................................................................................A205 Exhibit 12, Google Books Snippet View Page for Ball Four by Jim Bouton ............................................................................................A211 Exhibit 15, Application for Registration of a Claim to Copyright, Ball Four by Jim Bouton................................................................A217 Exhibit 16, U.S. Copyright Office Certificate of Registration No. A173097, Ball Four by Jim Bouton ..............................................A220 Exhibit 17, Application for Registration of a Claim to Copyright, The Superlawyers by Joseph C. Goulden.......................................A224 Volume II Declaration of Hal Poret in Support of Google Inc.’s Opposition to Plaintiffs’ Motion for Class Certification, Feb. 8, 2012, Dkt. No. 1001 ..........................................................................................................A226 Exhibit 1, Expert Report of Hal Poret, Survey of Published Authors Regarding Google Books, Jan. 2012................................A228 Appendix A, Curriculum Vitae ......................................................A262 i Appendix B, Instructions/Questionnaires ......................................A269 Appendix C, Materials Reviewed/Fees Charged ...........................A277 Appendix D, Data File ...................................................................A279 Appendix E, Cross-Tab Analysis of Data......................................A305 Appendix F, Verbatim Responses..................................................A316 Declaration of E. Gabriel Perle in Support of Google Inc.’s Opposition to Plaintiffs’ Motion for Class Certification, Feb. 8, 2012, Dkt. No. 1002 ..........................................................................................................A345 Declaration of Joseph C. Gratz in Support of Google Inc.’s Opposition to Plaintiffs’ Motion for Class Certification, Feb. 8, 2012, Dkt. No. 1003 ..........................................................................................................A355 Exhibit 1, Google Books Snippet View Page for Ball Four by Jim Bouton ............................................................................................A360 Exhibit 2, Excerpts of Deposition of Jim Bouton, Dec. 15, 2011............A362 Exhibit 3, Excerpts of Deposition of Joseph Goulden, Jan. 6, 2011........A378 Exhibit 5, Excerpts of Deposition of Betty Miles, Jan. 4, 2012...............A392 Exhibit 7, Publishing Agreements Produced by Plaintiff Jim Bouton ............................................................................................A408 Exhibit 10A, Various Publication Agreements Produced by Plaintiff The Authors Guild (excerpts) ..........................................A434 Exhibit 10B, Various Publication Agreements Produced by Plaintiff The Authors Guild (excerpts) ..........................................A455 Exhibit 11, Google Books Snippet View Pages for Various Books ........A489 Exhibit 12, Google Books Snippet View Page for Standard Mathematical Tables by Samuel M. Selby ....................................A493 Exhibit 14, Books and Pamphlets, Current and Renewal Registrations, January-June 1996, Catalog of Copyright Entries, Third Series, Vol. 20, Part I, No. I, Section I, Library of Congress, 1968 (excerpt) ..............................................A495 ii Exhibit 15, Copyright Registrations Produced by Plaintiff Betty Miles...............................................................................................A500 Declaration of Daniel Clancy in Support of Google Inc.’s Opposition to Plaintiffs’ Motion for Class Certification, Feb. 8, 2012, Dkt. No. 1004 ..........................................................................................................A504 Volume III Zack Reply Declaration in Support of Plaintiffs’ Motion for Class Certification, Apr. 3, 2012, Dkt. No. 1009 (public version) ....................A508 Exhibit 1, Defendants’ Responses and Objections to Plaintiffs’ First Set of Requests for Admission, Dec. 22, 2011......................A511 Exhibit 2, Expert Report of Ben Edelman, Apr. 2, 2012 .........................A536 Exhibit 3, Report of Professor Daniel Gervais, Apr. 2, 2012...................A560 Exhibit 4, Deposition of Jim Bouton, Dec. 15, 2011 (excerpts) .............A594 Exhibit 5, Deposition of Joseph Goulden, Jan. 6, 2012 (excerpts) .........A609 Exhibit 6, Deposition of Betty Miles, Jan. 4, 2012 (excerpts) .................A633 Exhibit 7, Deposition of Daniel Clancy, Feb. 10, 2012 (redacted version) (excerpts) .........................................................................A647 Exhibit 8, Deposition of Kurt Groetsch (excerpts), Feb. 13, 2012 ..........A680 Exhibit 9, Deposition of Stephane Jaskiewicz (excerpts), Feb. 14, 2012 ................................................................................................A690 Exhibit 10, Deposition of Thomas Turvey (excerpts), Feb. 17, 2012 (redacted version)..................................................................A695 Exhibit 11, Deposition of E. Gabriel Perle (excerpts), Mar. 19, 2012 ................................................................................................A703 Exhibit 12, Deposition of Hal Poret (excerpts), Mar. 22, 2012 ...............A720 iii Volume IV Exhibit 13, “Reference Guide on Survey Research,” from Reference Manual on Scientific Evidence, Federal Judicial Center (2d ed. 2000).......................................................................A782 Exhibit 14, Information Produced by Defendant Google Related to Poret Deposition, Mar. 26, 2012 ....................................................A832 Exhibit 15, Defendant’s Supplemental Narrative Responses and Objections to Plaintiffs’ Second Request for Production of Documents and Things, Dec. 9, 2011 (public redacted version) ..........................................................................................A836 Exhibit 18, U.S. Copyright Office Public Catalog Entry, E- commerce strategies, Charles H. Trepper......................................A854 Deposition of Paul Aiken, Apr. 19, 2012 (excerpts) .........................................A856 Defendant Google Inc.’s Responses and Objections to Plaintiffs’ First Set of Interrogatories, Apr. 27, 2012 ..............................................................A865 Class Certification Hearing Transcript, May 3, 2012.........................................A885 Order Granting Motion for Leave to Appeal, Aug. 14, 2012, Dkt. No. 1 (2d Cir.) ....................................................................................................A929 iv Case: 1:05-cv-8136 As of: 11/08/2012 12:02 PM EST 1 of 94 APPEAL, ECF U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:05−cv−08136−DC The Authors Guild et al v. Google Inc. Date Filed: 09/20/2005 Assigned to: Judge Denny Chin Jury Demand: Both Related Cases: 1:05−cv−08881−DC Nature of Suit: 820 Copyright 1:10−cv−02977−DC Jurisdiction: Federal Question Case in other court: USCA 2nd Circuit, 09−02224−cv Cause: 17:101 Copyright Infringement Date Filed #
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