2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 3 - 4 STUART Y. SILVERSTEIN, 1 1 5 Plaintiff, 1 1 Index No. 6 - against - 1 01 Civ. 309 1 (JFK)(DF) 7 PENGUIN PUTNAM, INC., 1 .! 1 8 Defendant. 1 1 9

DEPOSITION OF STUART Y. SILVERSTEIN New York, New York Thursday, October 25, 2001

24 Reported by: LINDA DEVECKA 25 JOB NO. 127163 €TIS HEREBY STIPULATED AND AGREED by and between the attorneys for the respective parties herein, that filing and sealing be and the same are hereby waived. IT IS FURTHER STIPULATED AND AGREED that all objections, except as to the form of the question, shall be reserved to the time of the trial. IT IS FURTHER STlPULATED AND AGREED that the within deposition may be sworn to Deposition of the Plaintiff, STUART Y. and signed before any officer authorized to SILVERSTELN, held at the offices of Cowan, administer an oath, with the same force and Liebowik & Latman, PC., 1133 Avenue of the effea as if signed and sworn to before the Americas, New York, New York, pursuant to Court. Notice, before LINDA DEVECKA, a Notary Public - 000 - of the State of New York.

- -- - 3 5 1 1 2 APPEARANCES: 2 STUART Y. SILVERSTEIN, called 3 as a witness, having been duly sworn by a PIPER MARBURY RUDNICK & WOLFE, LLP 4 Notary Public, was examined and testified as Attorneys for Plaintiff 5 follows: 1251 Avenue of the Americas 6 EXAMINATION BY New York, New York 10020-1104 7 MR DANNAY: BY: MONICA P. McCABE, ESQ. 8 Q. Mr. Silverstein, state your full name CHRISTINE M. JASKIEWICZ, ESQ. 9 and your address just for the record 10 A. Stuart Yale Silverstein, 11750 Sunset 11 Boulevard, No. 306, Los Angeles, California 90049. COWAN, LIEBOWTTZ C LATMAN,P.C. 12 Q. Is that your home address? Attorneys for Defendant 13 A. Yes. 1133 Avenue of the Americas 14 Q. Do you have any other address like a New York, New York 100366799 15 business address? BY: RICHARD DANNAY, ESQ. 16 A. No. 17 Q. You are a lawyer? 18 A. Yes. ALSO PRESENT: 19 Q. You went to law school when and where? ALEXANDER GIGANTE, ESQ. 20 A. I graduated in 1980 from loyola, 21 Los Angeles. 22 Q. Where are you admitted to practice? 23 k California, [Uinois, New York 24 Q. All three? Z A. Various federal jurisdictions. I can't 6 a 1 Silverstein 1 Silverstein 2 remember which ones oEhand. 2 Q. Tell me briefly what you have written 3 Q. Roughly how many? 3 that's been published. 4 A. Three or four. 4 A. Before that I -- in '85 1 had an 5 Q. In New York, New York federal courts? 5 article in the National Review. 6 A. No. 6 Q. On what subject? 7 CL Have you ever practiced law? 7 A Soviet incursions into Swedish waters. 8 A. Yes. 8 Q. Were you a government major in college? 9 Q. When and where? 9 A. No. 10 A. 1981 through 1983 in Chicago. 10 Q. Go on. Sony. 11 Q. With what firm? 11 A And since then the Parker book. 12 A Sole practitioner. 12 I have been working on two other books 13 Q. You were a sole practitioner? 13 since then also. 14 A. Yes. 14 Q. What are the other two books, general 15 Q. Before you continue, what kind of law 15 subject? 16 were you practicing? 16 A. One is the history of the Round Table, . 17 A. This and that. Whatever came in. 17 Algonquin Round Table, and the second one is about 18 Q. General practice? 18 baseball in the early part of the century. 19 A. I was basically doing whatever other 19 Q. Can you be a little more specific? I 20 lawyers on the floor needed to be done. I was 20 am a baseball fan. I want to know what you are 21 just out. 21 doing. 22 Q. General practice, corporate practice? 22 k CubslGiants rivalry. McGraw, Chance. 23 A. Scut work. 23 First decade of the century, the way the game was 24 Q. Any copyright? 24 played, the way the world was. "Tinker to Evers 25 A. No. 25 to Chance." It's a gender-spec~ficillusion.

7 9 1 Silverstein 1 Silverstein 2 Q. Continue. What else did you practice? 2 Q. Let me go back for a second. 3 A. 1983 through '89, in Los Angeles. 3 Have you written any articles on legal 4 Q. For whom? 4 topics? 5 A. I was an associate for a sole 5 A. Yes. I did some work for the National 6 practitioner named Stephen R. Landau. 6 Journal. 7 Q. What kind of law were you practicing? 7 Q. When you say "some work," did you write 8 A. Discovery work. Depositions mainly. 8 freelance articles for them? 9 Some motion practice. 9 A. I covered the Carol Burnett versus 10 Q. Mostly litigation? 10 National Inquirer Libel trial in 1981 for the 11 A. Complex litigation. 11 National Law Journal, also for the Los Angeles 12 Q. Any class action? 12 Daily Journal. 13 A. It was a slew of counterclaims and 13 I wrote various articles for the 14 cross-counterclaims regarding a failed investment 14 National Law Journal on various subjects, 15 venture. 15 different things that were occurring in 16 Q. How many people were working with 16 Los Angeles. I can't recall specilically. Some 17 Landau in that office? 17 longer pieces for the Western Law Journal, which 18 A. The number varied between three and 18 I'm not sure if it's still in existence, it was a 19 five. 19 publication of the Los Angeles Daily Journal, 20 Q. Did you practice anywhere else? 20 about land use issues and I think one about the 21 A. No. 21 Carol Burnett libel trial. 22 Q. What year did you stop practicing law? 22 Q. Any other legal writing or legal 23 A. '89. 23 practice that you have not described? I don't 24 Q. Then what did you do? 24 mean necessarily to cover every jot and tiddley 25 A. I have been writing since then. 25 here. 10 12 1 Silverstein 1 Silverstein 2 A. In the early '90s I lectured on 2 abroad, if it was? 3 journalism law. 3 A. It was repubtished in 1999 in London by 4 Q. You studied journalism? 4 Gerald Duckworth. 5 A. I have a Master's in journalism from 5 Q. Was there any change in the text of 6 the University of &fornia, Berkeley. 6 that edition? Obviously I assume the cover, the 7 Q. Then you became a professional 7 jacket was different. 8 journalist? 8 A. I think there was some change in the 9 A. I did some freelance stuff here and 9 supporting literature but I do not think the text 10 there but I was earning my bread practicing law. 10 was changed. 11 Q. Other than as a journalist and other 11 Q. I'm not talking about spelling 12 than as a lawyer, has there been any other 12 differences that they may have done. The tea was 13 profession or occupation you have been in? 13 the same? 14 A. No. 14 A. Yes. 15 Excuse me. Some investing. 15 Q. This book was published sometime in the 16 MR. DANNAY: Not that there is any 16 middle of 19961 I am talking about Exhibit 1. 17 dispute about this book, but let's have the 17 A. Yes. 18 hard cover edition of "Not Much Fun: The 18 Q. Forgive me. When was the British 19 Lost Poems of Dorothy Parker" by Stuart Y. 19 edition published? 20 Silverstein marked as ~efendant'sExhibit 1. 20 A. I believe 1999. 21 (Defendant's Exhibit 1, hard cover 21 MR. DANNAY: Recently I came across 22 edition of "Not Much Fun: The Lost Poems of 22 what appears to be a paperback edition of 23 Dorothy Parkern by Stuart Y. Silverstein, 23 your book. It's entitled "Not Much Fun: The 24 marked for identification, as of this date.) 24 Lost Poems of Dorothy Parkern by Stuart Y. 25 Q. Mr. Silverstein, this is a copy, is it 25 Silverstein.

11 13 1 Silverstein 1 Silverstein 2 not, Exhibit 1, of the hard cover edition of your 2 Let's mark it as Defendant's Exhibit 2. 3 book? 3 (Defendant's Exhibit 2, paperback 4 A Saving the time by not examining every 4 edition of "Not Much Fun: The Lost Poems of 5 page and not doing a line-by-line scrutiny, which 5 Dorothy Parker," marked for identification, 6 I understand will take a great deal of time - 6 as of this date.) 7 Q. I will ask you a slightly different 7 Q. Mr. Silverstein, I show you what 8 question. 8 appears to be the paperback edition of your book 9 Is this the only edition that was 9 which we just marked as Defendant's 2. Is that 10 published of the hard cover? 10 the paperback edition of your book? 11 A. Edition or reprinting or printing? 11 A. The U.S. edition, yes. 12 Q. The only edition or reprinting, unless 12 Q. Let me ask you the same question here: 13 there was a change. 13 Are there any changes in the text of the paperback 14 We understand a reprint to be a 14 edition from the U.S. hard cover edition? 15 republication without change, am I correct? 15 A. Besides the copyright page? 16 A. That's the way I understand it, yes. 16 Q. I'm not talking about the copyright 17 Q. So I don't really care about the number 17 page and I'm not talking about obviously the 18 of printings at the moment. 18 wrappers and the cover. 19 A. Okay, that's fine. 19 A. And the supporting text? 20 That is the sole hard cover printing of 20 Q. Yes. 21 an edition of "Not Much Fun," the U.S. edition. 21 A. No. 22 Q. There were no changes in the U.S. 22 Q. To be a little more precise, is the 23 edition when it was reprinted; is that correct? 23 introduction -- is that what you call it? -- the - 24 A. No. 24 lengthy introduction in the paperback edition 25 Q. Where was the hard cover published . 25 identical to the introduction in the hard cover 14 16 1 Silverstein 1 Silverstein 2 edition? 2 paperback edition of the book, foreign paperback? 3 A. I believe so, yes. A. Yes. The Duckworth edition. 4 Q. Are the poems of Dorothy Parker Q. That's paperback? 5 reproduced hi each book identical without change A. Yes. 6 to each other? MR. DANNAY: I misunderstood you. I 7 A. Yes. thought that was a hard cover. 8 Q. The complete chronology which begins o Primarily what I want to do today is to 9 page 245 of each book, is that identical in each clarify and identlfy all of your claims in 10 book? this lawsuit so we can go on to the next 11 A. Yes, I believe it is. I did not check phase. I have no objection in doing that. 12 line by line. I am going to be going back over some 13 Q. Let me ask you a different question. of the things you have said in the Complaint 14 Were you aware of the forthcoming and more specifically some of the things you 15 publication of the paperback edition? said through your lawyers in the answers and 16 A. Yes. responses to interrogatories. 17 Q. When did you become aware of it? If you want to give him copies, I have 18 A. I simply don't recall. some copies. I am happy to have him refer to 19 Q. Earlier this year, before this year? any of that. This is not a memory test. I 20 I'm not trying to pin you to a month. am trying to clarify your claims. 21 I am trying to get a sense. MS. McCABE: Do you want copies of 22 A. I simply don't recall. It was within them? 23 the last year. THE WITNESS: When I need them I will 24 Q. The paperback was published, what, ask for them. 25 within the last couple of months at least? MR. DANNAY: I have them if you want.

1 ! 17 1 Silverstein 1 Silverstein 2 A. Three or four months. 2 I assume you have them, too. 3 Q. Three or four months ago. Okay. 3 MS. McCABE: Yes. 4 When you were notified of the fact that 4 MS. JASKIEWCZ: We don't have a full 5 Simon & Schuster or Scribner was going to do a 5 set. 6 paperback edition, did they ask you or invite yo 6 MR. DANNAY: When we get to them, feel 7 or request you to make any changes in the book 7 free to look at them. 8 k They requested that I not make any 8 Q. What I want to clarify to begin with, h 9 changes in the book. 9 what the general areas are of the categories of 10 Q. Did they give you a reason? 10 your claims. I am going to state them and I am 11 A Yes. They didn't want to spend the 11 going to ask you to amplify them or change them as 12 money. 12 you see fit. I think I have a grasp of what the 13 Q. What was your response to that request: 13 general areas are. 14 A As there was no request, no response of 14 One, you made a determination, you say, 15 mine was particularly relevant. 15 in the nature of selection whether each item in 16 Q. Did you give a response, relevant or 16 the book, each poem in the book, actually was or 17 not? 17 was not a poem. 18 A. No. I was told that they were just 18 k That's not correct. 19 going to be using the same plates. 19 Q. That's not correct. Tell me why it's 20 Q. Did you request Simon & Schuster to 20 incorrect and correct it. 21 make any changes notwithstanding their decisic 21 k I said a poem or verse. 22 that they prefer to keep the book intact without 22 Q. Didn't you say in your interrogatory 23 change? 23 answers that you didn't really make a distinction 24 A. No. 24 in your book other than the "Hate verses" between 25 Q. Is there any foreign edition of the 25 the poem and the verse? 18 2 0 1 Silverstein 1 Silverstein 2 A. Yes. 2 Q. My question to you includes both 3 Q. I am perfectly happy to keep repeating 3 editing and punctuation. I think you answered 4 "poem" or "verse." If I say "poem," can we 4 "Yes"to that but I want to make sure your answer 5 understand for the purpose of this deposition I 5 embraces both or if it doesn't, you will explain. 6 also mean "verse"? And if you feel that's an 6 A. La that editing does by its very nature 7 inaccurate characterization in any given case, 7 include punctuation, I think that the two 8 just teU me. 8 alternatives available in the question are in some 9 A. We will see how it plays out. 9 ways ambiguous. Because punctuation in essenke by 10 Q. Am I correct that one category of your 10 itself is both editing and punctuation. 11 claims that you are making is that you determined 11 Q. Define for me what you understand to be 12 whether each item in the book actually was or was 12 editing and then define for me what you understand 13 not a poem or a verse? 13 to be punctuation. 14 A. Yes. 14 A. Editing is any changes I make to the 15 Q. Is another general category -- we will 15 original work. 16 go back over these specifically -- you made a 16 Q. A change of any kind? 17 determination, you say, again in the nature of 17 A. Any changes I make to the original 18 selection, whether certain poems or verses were 18 work. 19 properly attributed to Dorothy Parker? 19 Q. Punctuation? 20 A. Yes. 20 A Those are changes to the original work. 21 Q. A third category of claims as I 21 Q. In the area of editing, excluding for 22 understand it is that you are saying that you gave 22 the moment punctuation, what else would be 23 titles or subtitles, as the case may be, to 23 included in the editing that you did, if you did 24 certain poems and verses that either had none or 24 anything, other than punctuation? 25 that had titles that were identical to other 25 A It could be formatting, it could be

19 2 1 1 Silverstein 1 Silverstein 2 Dorothy Parker poems. 2 titling. 3 k In at least one case I changed the 3 Q. Formatting, does that have to do with 4 title. 4 spacing, what is on a he? 5 Q. With that amendment, does that state 5 A. It has to do with spacing; it can have 6 accurately that category of claim? 6 to do with the layout on the page. 7 A. I did create titles for several poems 7 Q. Formatting, what else? 8 and verses. 8 A. It can involve capitalization or lower 9 Q. I thought I covered that by saying you 9 case. Change of case, let's sap 10 gave -- 10 Q. What else? 11 G And I also created subtitles for 11 A If anything else comes to mind I will 12 several poems and verses. 12 let you know. 13 Q. When I said to you, and I think these 13 Q. Think for a minute and rdect and let 14 were roughly the words, your claim is you gave 14 me know whether something does come to you right 15 titles or subtitles to certain poems and verses 15 now. We have all been at this for a while. I 16 that either had none or had titles identical to 16 would like to get it all out now. 17 other titles of Dorothy Parker; is that correct? 17 A. It can include indentation. 18 A. Yes. 18 Q. Wouldn't that be formatting or is that

, 19 Q. A fourth category of your general claim 19 something different? 20 is that you performed editing and punctuation of 20 MS. McCABE: I thought you wen asking 21 certain poems and verses. 21 him to give what he meant by formatting. 22 G Repeat that. 22 MR. DANNAY: No. I was asking him to 23 (Question read.) 23 give what he meant by editing other than 24 MS. McCABE: I object to the form. 24 puuctuation. 25 k Yes, I did punctuate poems and verses. 25 MS. McCABE: Could you read the prior 2 2 2 4 1 Silverstein 1 Silverstein 2 question back. Now I misunderstood. 2 having made any. The essence of the thing was 3 (Question read.) 3 poems by Dorothy Parker. I didn't want to change 4 Q. Are there any other types of formatting 4 them. 5 that you did in connection with your book? 5 Q. Is your answer you made no changes in 6 A. It could also include things like 6 the text, that is the words that made up the 7 stanza breaks. It could also include occasional 7 poems? 8 line breaks. 8 MS. McCABE: I think he said he may 9 Q. Anything else? 9 have made one or two changes. 10 A. It can include standardization of 10 Q. Do you remember sitting here what those 11 various elements so that the spare elements can be 11 changes were? 12 made part of a coherent whole. 12 A. I cannot recall but I do recall seeing 13 Q. Anything else? 13 certain things that were -- that appeared by the 14 A. Nothing I can think of offhand. 14 context of the larger work to be typographical 15 Q. Anything else that you are claiming in 15 errors in their originals. 16 the area of editing other than what you have now 16 Second, in the letter to Robert 17 identified? 17 Benchley there are some words and lines that are 18 A. I would have to go back to my 18 very difficult to decipher because it's a 19 interrogatory responses. 19 holographic document; particularly proper nouns, 20 MR. DANNAY: Okay. 20 when the context does not necessarily lend a good 21 Q. Do you have them with you? If you have 21 clue as to what the word is under scrutiny, what 22 your copies, that's fine. 22 the actual word is. 23 A. Yes. 23 So there were certain circumstances, if 24 MR. DANNAY: I don't need to see them. 24 the text was changed, it was not made to change 25 THE WlTIUESS: You have seen them 25 the wording but to have the actual intent.

2 3 2 5 1 Silverstein 1 Silverstein 2 already. 2 Q. Sitting here, you don't remember the 3 Q. Mr. Silverstein, let me interrupt you 3 specifics of those? 4 for a moment. 4 A. I do remember specifically there were 5 When you refer to a document, could you 5 several in the work that I titled "Letters to 6 just tell us, the reporter, what document you are 6 Robert Benchley." 7 looking at. I don't need to mark it but I just 7 Q. In each of these cases is it fair to 8 want to know what it is you are refreshing your 8 say the word you arrived at and placed in your 9 recollection with. 9 book was what you believed was Dorothy Parker's 10 A. Plaintiffs Responses to Defendant's 10 word as she meant to use it or did use it? 11 Interrogatories and Document Demand. 11 A. I am not fully confident on some of the 12 I can't $hit&of anything more at this 12 words in the holographic letter. I did my best on 13 time. 13 them. I had to put something in, and I think I 14 Q. You talked about editing and you 14 probably got them right but I cannot be absolutely 15 explained that; you talked about punctuation and 15 certain. 16 we know what that is. 16 Q. Let's be clear on one thing. I think 17 Did you make any change in any of the 17 we are but let's be clear on it since we are here. 18 text of the poems and verses, the words; not the 18 You own no rights at all in the Dorothy 19 spelling, not the capitalization but in the words 19 Parker poems and verses themselves; is that right? 20 themselves that make up the poems and verses? 20 A. No, that's not true. I own a 21 A. Would that include titles? 21 compilation right to 121 of them. 22 Q. I am setting aside titles for the 22 Q. That's your claim. We understand your 23 moment. 23 claim that you own a compilation copyright. 24 A. No. As a matter of fact, I might have 24 That's not what I am talking about. - 25 made one or two. I do not recall specifidy 25 I am talking about Dorothy Parker's 2 6 2 8 1 Silverstein 1 Silverstein 2 individual poems, individual verses themselves. 2 people who claimed they were copyright owners? 3 Do you own any copyright interest in any of them? 3 A. That's not what I said. I said in 4 A. I own copyright rights in those works 4 certain cases I knew that people and entities were 5 in the edited versions of those works and titles 5 asserting copyright rights and rather than fight 6 of those works and tFose works as I titled them 6 with them over it, I agreed to -- 7 for all the value I added to them from their 7 I can give you specifics here. I was 8 original form. 8 not certain and confident that the Department of 9 Q. Your position is that whatever changes 9 Special Collections at the Mugar Memorial Library 10 in editing or punctuation that you made gave you a 10 at Boston University did have valid copyright 11 copyright in those changes? 11 rights in the item I titled "Letter to Robert 12 k And titles too, yes. 12 Benchley." They asked me to send them a letter 13 Q. Apart from your claim as to an 13 and they would send me a letter granting 14 ownership interest by way of copyright in the 14 permission. I saw no reason not to do it. 15 editing and the changes, do you claim any 15 Regarding the Saturday Evening Post, I 16 copyright interest or any exclusive right of any 16 think there were 18 poems or verses. Let's refer 17 kind in Dorothy Parker's poems and verses as such 17 to them as "items" to save time. I know that they 18 in their original form or as she collected them 18 had done copyright -- they filed copyrights in -- 19 herself in later collections? 19 copyright renewals in the late '40s or early '50s, 20 MS. McCABE: I am going to object. It 20 and I determined it would be best to buy 21 calls for a legal conclusion. 21 permissions from them and did so. 22 MR. DANNAY: I am asking him his claim. 22 Regarding the New Yorker items, I do 23 Q. You have to answer. 23 not know that the New Yorker magazine actually had 24 MS. McCABE: You can answer. I am just 24 any rights to an accreditation, if not a right to 25 noting my objection. 25 rights approval, because I believe that they

I 2 7 2 9 1 Silverstein 1 Silverstein 2 A. Besides the explicit reservations in my 2 filed -- I cannot recall specifically. 3 preceding responses, yes. 3 I think that they had filed all their 4 Q. I asked you whether you had any 4 copyrights in the names of their authors in the 5 copyright or other exclusive ownership right in 5 very beginning. So I do think for those two items 6 the works. 6 I believe I did get rights - I did obtain 7 A. No. 7 licensing rights from the NAACP through 8 Q. You needed and indeed tried to obtain 8 Mr. lhmelrich. And for the other items, poems, 9 permissions to reprint the Dorothy Parker poems 9 verses, whatever items that were still under 10 and verses and you needed those permissions from 10 copyright, I thinl'most of those were from the 11 thee copyright owners? 11 New Yorker. I also obtained licensing rights from 12 A. Some of them. 12 the NAACP. 13 Q. Tell me who are the copyright owners of 13 Q. In each of these cases, did you sign a 14 the Dorothy Parker poems and verses from whom you 14 formal permissions agreement with the people who 15 obtained permissions? 15 claimed or had the rights? 16 A. I will refer to the book. 16 k With the NAACP I believe I did 17 MR. DANNAY: Sure, go ahead. 17 With the Saturday Evening Post I think 18 A. Actually, let me rephrase that. 18 it was more informal. I think it was an exchange 19 Some of the rights I agreed to purchase 19 of letters and, more to the point, an exchange of 20 because while I was not necessarily acknowledging 20 acheck. 21 that they were held by those individuals or 21 I don't recall what the procedure was 22 entities, 1decided it was easier just to get 22 with the Boston library, the Mugar Library. 23 these rights at nominal rates or for free. 23 MR DANNAY: Mark these, please. . 24 Q. But you sought permissions either from 24 (Defendant's Exhibit 3, letter dated 25 people you believed were the copyright owners or 25 December 5,1994, marked for identification, 3 0 Silverstein 1 Silverstein as of this date.) 2 have a Bates number. (Defendant's Exhibit 4, letter dated 3 Q. Take a look at Defendant's March 1,1995, marked for identification, as 4 Exhibit 4 and let me know whether that is a true of this date.) 5 copy of your letter that is marked Exhibit 4. (Defendant's Exhibit 5, letter dated 6 A. I have no actual knowledge. I think March 25, 1996, marked for identification, as 7 probably it is. of this date.) 8 Q. Understandably a letter printed out (Defendant's Exhibit 6, lener dated 9 from your computer disk is not going to contain March 31, 1995, marked for identification, as 10 your signature. of this date.) 11 A. No, I'm not talking about my signature. (Defendant's Exhibit 7, letter dated 12 I am talking about the fact that it's a letter July 24,1996, marked for identification, as 13 that was written six and a half years ago. of this date.) 14 Q. It appears to be your letter to him? (Defendant's Exhibit 8, lener dated 15 A. Yes, it would appear to be. July 24, 1996, marked for identification, as 16 Q. Defendant's Exhibit 5 similarly is a of this date.) 17 letter from you dated March 25,1996, to Ned Q. Mr. Silverstein, take a look at these, 18 Himmelrich. He is the attorney for the NAACP? 19 if you would. I have given a separate set to your 19 k His £inndoes some legal work for the 20 lawyer. 20 NAACP. I think he handles copyright requests. 21 Defendant's 3 is a letter from you 21 Q. Is this a copy of your letter to him as 22 dated December 5,1994, to the Saturday Evening 22 dated and marked Defendant's Exhibit 5? Again, 23 Post, correct? 23 this came from the computer disk. 24 A. To Steve Pettinga of the Saturday 24 k I understand that. 25 Evening Post, yes. 25 Yes, it appears to be.

3 1 3 3 1 Silverstein 1 Silverstein 2 Q. It has Bates numbers 44 and 45. 2 Q. Defendant's Exhibit 6 is a March 31, 3 Defendant's Exhibit 4 is a letter from 3 1995, lener from you to Mr. Edward Halligan of 4 you dated March 1,1995, to Steven Pettinga of the 4 the Mugar Memorial Library. at Boston University. 5 Saturday Evening Post; is that correct? 5 Is that a copy of your lener to him as so marked? 6 A. Yes. There is no Bates stamp on it. 6 Again, it's from the computer disk. 7 Q. There is no Bates stamp. 7 k I understand that. 8 Let me explain, and you should know 8 I assume it's accurate, yes. 9 this and your lawyer does not: There were 9 Q. Defendant's Exhibit 7, again, is a 10 a number of dohments not Bates-stamped but turned 10 letter hmyou dated July 24,1996, to Ned 11 over to us by your former lawyer, Stephen Kramer, 11 Himmelrich, one of the lawyers for the NAACP, 12 when he made available to us various computer 12 again from the computer disk. It has no Bates 13 disks that contain correspondence and other papers 13 number. Is that a correct copy of your letter as 14 from you. 14 so marked? 15 Are you aware of that? 15 k No. 16 A. I was aware that I turned over all the 16 Q. No? 17 material to him. I asked him to turn over 17 k It was misprinted Somebody put the 18 whatever he deemed appropriate. 18 letterhead again at the bottom. I am sure that 19 MR. DANNAY: What he did, and it's 19 wasn't there in the original. 20 reflected in correspondence in the file, is 20 Q. Is the text of the letter a correct 21 give us five computer disks. We printed out 21 copy of your letter to him? 22 the disks, returned the disks to him. 22 A. Given the previous stipulation that 23 Some of the papers that we will be 23 these letters were written five years ago, I 24 talking about today d be documents from 24 cannot state so with absolute certainty but I am 25 those computer files. Naturally they don't 25 pretty sure it is. 3 4 3 6 1 Silverstein 1 Silverstein 2 Q. The last of this group is Defendant's 2 permission to reprint certain Dorothy Parker 3 Exhibit 8, a July 24, 1996, letter from you to 3 poems? 4 Steven Pettinga of the Saturday Evening Post. And 4 A. No. It refers to a previous grant. 5 I ask you the same question: Is this a correct 5 Q. But it refers to the permission to 6 copy of your letter tom? 6 reprint certain Dorothy Parker poems; is that 7 A. I will give the same answer I gave to 7 right? 8 the previous question. 8 k Yes, it is. 9 Q. You don't see anything about this group 9 Q. Defendant's 8 refers to a rights and 10 of Defendant's Exhibit 3 through Defendant's 10 permissions invoice? 11 Exhibit 8 that looks incorrect; is that so? 11 k Yes, it does. 12 A. No. 12 Q. Have you produced that invoice, a copy 13 Q. It's not so? 13 of that invoice? 14 A. You said you don't see anything that is 14 k I gave it to her,I guess. 15 not so. I said no, I don't. 15 MR. DANNAY: It was not produced so far 16 Q. Have you had a chance to reread these 16 as I know among the documents given to me by 17 letters? 17 Steve Kramer or your current lawyers. 18 k I glanced through them. 18 THE WlTNES: Maybe it was enrolled 19 Q. As I read them, each of the letters 19 into the document request. I don't know. 20 requests permission to reprint certain poems or 20 Q. Do you have a copy of that permission 21 other Dorothy Parker material; is that correct? 21 invoice? 22 k No. Some of them acknowledge receipts, 22 A. I don't know. I would assume so but I 23 etcetera. 23 found that some documents I thought I had, several 24 Q. Defendant's Exhibit 3, is that a 24 documents I thought I had, and I was very good 25 request to reprint certain poems of Dorothy 25 about keeping documents, during the course of this

3 5 3 7 1 Silverstein 1 Silverstein 2 Parker? 2 I looked for several documents that I thought I 3 A. Yes, it is. 3 had and Icouldn't find them, so... 4 Q. Does Defendant's Exhibit 4 also refer MS. McCABE: I will represent that we 5 to your requesting permission to reprint certain will recheck our files because we were just 6 Dorothy Parker poems? handed stuff by the former attorney. I'm not 7 A. It reflects my ostensible request to do sure whether we have it or not. 8 so. As I said before, in certain cases I wasn't MR. DANNAY:' Let me ask you, because I 9 absolutely certain whether I needed to get these think it clearly would be responsive to our 10 rights or not but I decided it was easier to do it request; I think it's indicated by the fact 11 and not to have to fight it out. there is some fragmentary production of the 12 Q. I'm not asking you really whether you permission agreements. 13 felt you needed, I am asking whether you requested I have nceived no permission 14 permission to reprint the poems. agreements other than these letters. There 15 A. Yes. may be one or two other letters like this in 16 Q. Is the same true in Defendant's Exhibit what was produced, but I have seen nothing 17 5, that it contains a reference to permission to that is a formal agreement or even an 18 reprint certain Dorothy Parker poems? informal agreement granting the rights 19 k It refers to permission being granted, requested here. 20 yes. THE WITNESS: Can we have a minute 21 Q. In Defendant's Exhibit 6, at least in outside? 22 the "re:" line it refers to permission to reprint MR. DANNAY: Sure. 23 one of her letters? THE WITNESS: We may be able to clear - 24 A. Yes. this up for you. 25 Q. Defendant's Exhibit 7 also refers to MR. DANNAY: Sure. 3 8 1 Silverstein 1 Silverstein 2 (R-4 2 A. Absolutely. 3 RQ MR. DANNAY: You will provide us with a 3 Q. Let me ask you, Mr. Silverstein, you 4 copy of Mr. Silverstein's agreement with the 4 have various requests that we talked about and 5 NAACP for permission to reprint various 5 that are reflected in some of these exhibits to 6 Dorothy- Parker poems? 6 reprint some of the Dorothy Parker poems. 7 MS. McCABE: Whatever agreement he has 7 Do you have any permission f?om any of 8 with the NAACP. 8 these parties to edit or change those poems? 9 MR. DANNAY: To reprint those poems. 9 A No. Nor do I think I needed to. 10 MS. McCABE: Regarding the poems. I 10 Q. Did you ever get any permissions from 11 don't know exactly what it says. 11 any of these parties, be it the Saturday Evening 12 Q. What does it say, Mr. Silverstein? 12 Post, the NAACP or any of the others you referred 13 k It says what it says. I don't 13 to, did you get any permission to create a 14 remember. 14 derivative work based on the Dorothy Parker poems? 15 Q. Did not the NAACP give you permission 15 A. I don't understand the question. 16 to reprint the poems that it felt it controlled? 16 Q. Did you get any permission to create an. 17 A. It's something I read five or six years 17 adaptation or derivative work based on the Dorothy 18 ago. I do not recall the specific provisions of 18 Parker poems? 19 it. 19 MS. McCABE: I am going to object. 20 Q. Take a look at Defendant's Exhibit 5. 20 MR. DANNAY: That's he. 21 It's a letter from you to Ned Himmelrich and it 21 Q. You can answer. 22 says, "Per our many discussions on the subjea and 22 A. I don't understand. Besides the book 23 in accordance with paragraph 8 of our lener 23 "Not Much Fun"? 24 agreement dated March 15,1995, granting 24 Q. I am only talking about in connection 25 permission to reprint certain Dorothy Parker 25 with the book "Not Much Fun."

------3 9 4 1 1 Silverstein 1 Silverstein 2 poems, enclosed please find," et cetera. 2 A. I got whatever rights were granted in 3 Am I misreading that? 3 the rights agreements. I do not recall 4 A. That says "letter agreement," though, 4 specifically. I know that they were written up to 5 it doesn't say "contract." 5 be rather exhaustive. I do not have independent 6 Q. A letter agreement can have the force 6 recollection of what those rights were. 7 of a contract. I'm not holding you to the 7 Q. Do you have any independent 8 formality of the document that embodies the 8 recollection as to whether any of these permission 9 agreement I amasking you whether the agreement, 9 agreements refer or use the words "adaptation" or 10 so far as you know - 10 "derivative &orkn among the rights Licensed to 11 It speaks for itself and when you 11 you? 12 produce it, it wh speak for itse& but so far 12 k I just answered that question. 13 as you know, isn't that an agreement ptingyou 13 Q. What was your answer? 14 permission to reprint certain Dorothy Parker 14 A. I don't have an independent 15 poems? 15 recollection about the explicit language of the 16 A. I know I executed an agreement with 16 rights granted I would Like to add one thing, 17 Mr. Himmelrich for the NAACP which was signed by 17 though. 18 an officer of the NAACP in charge of licensing for 18 I did during the phone calls both with 19 certain poems for the book. It's likely referred 19 Mr. Pettinga and with Mr. Himmelrich, did discuss 20 to in that lener. I do not have specific 20 the fact that I was going to have to -- that I was 21 recollection of it at this moment. 21 doing some editing to the poems and titles. It 22 Q. Your characterization of the agreement 22 wasn't reflected in the final contracts but it 23 in Defendant's Exhibit 5, is it not, is granting 23 was - these issues were discussed during the 24 permission to reprint certain Dorothy Parker 24 phone calls. 25 poems? 25 And I know I called up the Boston 4 2 4 4 1 Silverstein 1 Silverstein 2 library at some point because 1 said I couldn't 2 determined were not were the "Figures in American 3 read some of the things and I asked if they had a 3 Folk Lore" series which appeared in the first - 4 typewritten copy of something and he didn't have 4 not the first but the draft of "Not Much Fun" 5 anything. 5 which I sent to Jane Von Mehren in 1994 and which 6 Q. Do you haveany recollection of any 6 she later made an offer; although the letter does 7 writing, be it a letter, formal agreement, 7 not describe an explicit offer, the letter from 8 informal agreement, any piece of paper, that 8 her. I can't recall the date. She did make an 9 reflects any permission from any of these parties, 9 explicit offer based on that draft. 10 the NAACP, the Saturday Evening Post, anyone, 10 Those four achlally got so far as being 11 giving you permission to edit or change Dorothy 11 put on my hard drive and I did put them in a draft 12 Parker's poems? 12 and that is why I recall their names. Otherwise 13 A. I don't recall any. 13 if it had not gone to her, I would not have 14 MR. DANNAY: Off the record. 14 remembered them, because they went in and out. 15 (Discussion off the record.) 15 Q. You are saying you don't necessarily 16 Q. I want to come back to now, 16 recall all of those items that you rejected as not 17 Mr. Silverstein, some of the general categories or 17 being poems? 18 areas that you testified to earlier where you are 18 A. Or vem. I explicitly don't recall 19 claiming some rights in this case. Okay? 19 all the ones I rejected as not being poems or 20 A. Sure. 20 verses. The only ones I remember are the four 21 Q. Why don't we begin with the general 21 that I referred to here, because I did consider 22 category of those determinations by you as to 22 them as possibilities long enough where I saved 23 whether an item actually was or was not a poem or 23 them to my hard drive and I kept them in a draft 24 verse. That was one of the categories, correct? 24 which I could later review. Otherwise I would not 25 A. Yes. 25 have remembered them either.

4 3 4 5 1 Silverstein 1 Silverstein 2 Q. Tell me -- 2 Q. Can you describe even in general terms 3 A. Well, to be more accurate, it was 3 those items for which you concluded they were not 4 whether or not it was a poem or verse or was not a 4 poems or verses? 5 poem orverse. 5 A. They were items of composition which I 6 Q. Fine. Thank you. 6 could probably attribute to Dorothy Parker which 7 Again, this is not a memory test. Feel 7 may or may not have had some attribute that I 8 free to look at the answers you had given us or 8 might have -- that might have dram me to believe 9 responses you had given us to our interrogatories. 9 that they wen poems or verses, and I can't tell 10 Tell me which'df the ~ordth~Parker 10 you what those attributes are. They are something 11 items you determined were not poems or verses and 11 either I felt or I didn't feel but that I later 12 therefore excluded them from your book. 12 determined werent 13 A. Because I excluded them - then wen 13 Q. You mentioned four items and I will 14 several items that I read on microfilm, some I may 14 give you an opportunity to clarify this. 15 or may not have even copied on microfilm seven 15 On page 2 of your interrogatory answers 16 years ago, and Iooked at them and determined they 16 you refer to 11 items. Can you help me on that. 17 were not poems or verses. 17 It may just be a matter of classification. 18 And, therefore, in those instances, as 18 A. I think we are talking more about 19 soon as I determined they were not poems or verses 19 terminology. What page? 20 they slipped - their identities and the citations 20 Q. Page 2 in response to interrogatory 21 for them completely slipped my mind I thought I 21 l(a). 22 made photocopies of several of these but I went 22 You mention 11 items which I believe 23 through my records and found that I had not. 23 you through your former attorney mentioned were 24 The only four that I at any point 24 the 11 items that you determined were not poems or- 25 determined had been poems or verses but later 25 verses. And yet I thought I heard you say there

- 4 6 1 Silverstein 1 Silverstein 2 were four such items. 2 A. The 11 that are codtained on page 2 of 3 A. Four of them are the "American Folk 3 my responses to interrogatories, Defendant's 4 Lore" ones. The other seven are -- 4 Interrogatories and Document Demand, under section 5 Q. Do me a favor. Would you read into the 5 l(a), "Playing Safe" -- 6 record the names of those items which you 6 Q. Do it "1," the name and "2,"the name. 7 concfuded were not poems or verses. 7 A. 1, "Playing Safe"; 2, "Standardized 8 MS. McCABE: Off the record for a 8 Song-Sheet for Get-Together Meetings: Marching 9 second. 9 Through Georgia"; 3. "Standardized Song-Sheet for 10 (Discussion off the record.) 10 Get-Together Meetings: A Long, Long Trail"; 4, 11 Q. Just to be helpful, Mr. Silverstein, 11 "Standardized Song-Sheet for Get-Together 12 I'm not really concerned if there are 4 or 11 or 7 12 Meetings: Dear Old Pal of Mine"; 5, "Standardized 13 or 9. I am trying to identdy, where you know 13 Song-Sheet for Get-Together Meetings: Tipperary"; 14 their names, those items which are poems or verses 14 6, "Standardized Song-Sheet for Get-Together 15 that you excluded because you didn't think they 15 Meetings: K-k-k-Katyv; 7, "Standardized 16 were poems or verses. 16 Song-Sheet for Get-Together Meetings: Auld Lag 17 A. For six of those other ones, what 17 Syne"; 8, "Figures in American Folk Lore: The 18 happened was that after I put together my list, I 18 Tired Business Man"; 9, "Figures in American Folk 19 went through Mr. Calhoun's list in the 19 Lore: The Actress"; 10, "Figures in American Folk 20 bio-bibliography and he had determined that the 20 Lore: The Author"; 11, "Figures in American Folk 21 "Playing Safe" -- 21 Lore: The Society Leader." 22 I guess actually -- 22 Q. For clarity of the record, you just 23 Q. Can we do this in an orderly fashion. 23 read the titles that follow the words, "Eleven 24 I am trying to identify in the record 24 items" that appear on page 2 of your interrogatory 25 the names of those items that you excluded as not 25 answers?

- -

4 7 4 9 1 Silverstein 1 Silverstein 2 being poems or verses. I recognize that you have 2 A. Yes. 3 a difference of opinion in connection with some of 3 Q. Let me ask you this, Mr. Silverstein -- 4 these with Randall Calhoun, Dorothy Parker's 4 A. Wait. I want to add something else to &$[w5 bibliographer, and we will come to those. 5 the list. 6 This is not a trap. I am asking you to 6 There was another one which -- there is 7 identify all of the titles of those items which 7 another item which I had forgotten about which I 8 you rejected as not being poems or verses and 8 remembered when I went through the book after I " 9 therefore excluded them from your book. 9 did the interrogatories. +. . 10 . A. I understand that. That's what I am 10 Q. Tell usabout it. 11 trying to clanfy. 11 A. An item titled -- which is contained in " 12 The other seven items in this list of 1 12 subtitle 77 on page 43 of "Not Much Fun," the 13 were items that Mr. Calhoun had determined were 13 introduction. 14 poems or verses. I think he said "poems." And 14 Q. Did you say page 43? 15 after I saw his list I went through it and I 15 MS. McCABE: Yes. 16 looked at these things and I decided -- I did 16 A. Which was republished -- this anecdote 17 actually consider them but I determined that they 17 was originally published I believe in the original 18 weren't poems or verses. 18 version of the collected Dorothy Parker poems. . 19 Q. Just tell me again, just for the 19 Q. Tell me what you are referring to. 20 record, the names of each of the items which you 20 A. "Higgledy Piggledy My White Hen." It's 21 rejected as being not poems or verses after 21 an untitled item solicited from Dorothy Parker by 22 studying the matter. 22 Somerset Maugham. I am reading: "Higgledy 23 A. There would be 14 because those would 23 Piggledy, my white hen, she lays eggs for 24 have to include the ones I decided -- 24 gentlemen. You cannot persuade hefwith gun or 25 Q. Give me the names. 25 lariat to come across for the proletariat." 5 0 1 Silverstein 1 Silverstein 2 Q. That would be the twelfth item then? 2 remember. 3 A. Yes. 3 A. He published a book in the early '90s 4 It was described by Mr. Maugham as a 4 entitled "Dorothy Parker: A Bio-Bibliography" 5 poem but I determined it wasn't one. 5 which in essence is a compilation of all the 6 Q. Have you coiiipleted your answer? 6 citations by and about Dorothy Parker. 7 A. It appeared I believe for the first 7 MR. DANNAY: I brought the book here. 8 time in the original 1944 collected Dorothy Parker 8 Why don't we mark it in any event as 9 poems put out by Viking which has been in print 9 Defendant's 9. 10 continuously since then under various titles, most 10 We are going to mark Randall Calhoun's 11 recently -- 11 "Dorothy Parker: A Bio-Bibliography" which 12 The anecdote and the item surrounding 12 is the book you were just referring to. 13 it appear on pages 599 and 600. 1 believe that 13 THE WlTNESS: Yes. 14 was from the original introduction to the book by 14 (Defendant's Exhibit 9, copy of book by 15 Somerset Maugham. 15 Randall Calhoun entitled "Dorothy Parker: A 16 So I determined that wasn't a poem. I 16 Bio-Bibliography," marked for identification, 17 did decide because it was clever, I put it into 17 as of this date.) 18 the introduction as an anecdote and in the 18 Q. We just marked Defendant's Exhibit 9. 19 footnotes. 19 That's the Randall Calhoun book, is that correct, 20 Q. In that connection, putting aside the 20 Mr. Silverstein? 21 references to the "Higgledy Piggledy" item that 21 A. It appem to be a copy of it, yes. 22 you describe in the introduction, is there 22 Q. You just testified and I think you gave 23 anywhere in the book where you inform the reader 23 us responses in your interrogatory answers that 24 that there are items that you determined were not 24 there were six items that you dete-ed were 25 poems or verses and therefore were excluded from 25 poems or verses but that Randall Calhoun, Dorothy

5 1 5 3 1 Silverstein 1 Silverstein 2 the book? 2 Parker's other bibliographer, did not; is that 3 A. No. It's inherent in the book. Auy 3 correct? 4 collection is going to be a matter of taste and 4 A. Yes. 5 judgment and choice. 5 Q. Could you just for the record read the 6 Q. Is there any place in your book, in the 6 titles of those six items? 7 introduction, in the complete chronology or. 7 k 1, "Letter to Roben Benchleyn;2, "Men 8 anywhere else, in which you inform the reader that 8 I'm Not Manied To"; 3, "Monodyn;4, 9 there might be a question whether an item was or 9 "Chris-Crossn;5, "After Dawn" 6, "The Passionate 10 was not a poem or a verse, leaving aside the 10 Screen Writer to His Love." 11 "Higgledy Piggledy " item? 11 Q. Can you tell me why you thought those 12 A. No. I assume the readers arenot 12 wen poems or verses contrary to the opinion of 13 fools. Perhaps that was a rash presumption. 13 Randall Calhoun? 14 Q. Just to make life easy, I am referring 14 k I just looked at them and my judgment 15 to page 5 of your interrogatory answers. 15 was that they were poems or verses, that they fit 16 There were a number of items, I believe 16 whatever my personal criteria were and they should 17 six, that you determined were poems or verses but 17 be included. 18 that Randall Calhoun did not; am I correct? 18 Q. bo you know Randall Caihoun? 19 A. Yes, it does say that. 19 A. No. 20 Q. Tell us, just so we have it on the 20 Q. Have you ever had any discussion with 21 record, who Randall Calhoun is. 21 him? 22 A. Randall Calhoun is - I believe at the 22 A. No. 23 time his book was published he was an academic at 23 Q. Any correspondence with him? 24 Midwestern University. 24 A. No. 25 MS. McCABE: It's only what you 25 Q. The two of you have never communicated? 5 4 5 6 1 Silverstein 1 Silverstein 2 A. No. 2 Q. There were also some items -- 3 Q. Do you have any criteria for 3 A. Excuse me. Which incidentally Penguin 4 determining whether something is or is not a poem 4 evidently agreed with. 5 or verse? 5 Q. Have you finished your answer? 6 A, I went through several dictionaries 6 k Yes, I have. 7 trying to find definitions and I was more confused 7 Q. Is there anything else other than what 8 after each one I read. And I just fell back on 8 you have testified to here today which would 9 30 years of reading rather extensively and my own 9 qualify as part of your decision as to what was or 10 individual taste and determined for better or 10 was not a poem or verse? 11 worse these are the ones that I thought properly 11 MS. McCABE: I object to the form of 12 should be included. 12 the question. 13 Whether my choices were right or wrong 13 A. I based all -- as I said before, I 14 or advised or ill advised, so be it. They were my 14 based all my decisions on what my personal taste 15 choices. b 15 and experience indicated. 16 Q. As I read your interrogatory answers on 16 Q. I am asking you whether you can recall' 17 page 6, there were seven items that Calhoun 17 any other items that should be put on this list 18 determined were poems or verses but you decided 18 that you have been testifying to in the category 19 were not; is that correct? 19 of your determination as to whether something was 20 A. Yes. I referred to those earlier. 20 or was not a poem or verse. 21 Q. Just for the record, could you read 21 I'm not asking you to do anything more 22 those in again, the names of those seven items. 22 than give me your current understanding. 23 A. To save time I will give the main title 23 MS. McCABE: You mean items in terms of 24 for each one, which is the same, and then for each 24 poems or verses? When you say -- 25 subsequent one I will give the subtitle, which is 25 MR. DANNAY: One of the categories that

5 5 5 7 1 Silverstein 1 Silverstein 2 the way I will describe everything after the 2 he testified to that he is claiming 3 colon: 1, "Playing Safen; 2, "Standardized 3 protection for in this case is his 4 Song-Sheet for Get-Together Meetings: Matching 4 determination that certain items were not 5 ThroughGeorgia." 5 poems or verses. He has testified to a 6 Excuse me. At this point here he 6 number of them including some differences of 7 misnumbered the? He forgot to number the second 7 view that he had with Randall Calhoun. I am 8 one. 8 simply asking the question whether he can 9 MR. DANNAY: Let's just indicate that 9 think of any others that have not been 10 on page 6 of the interrogatory answers No. 2 10 testified to this morning. 11 is omitted. It should be 7 instead of 6. 11 k The differences of opinion that I had 12 A. 3, "A Long, Long Trail". 4, "Dear Old 12 with myself upon further review. 13 Pal of Mine"; 5, "Tipperaryn;6, "K-k-k-Katyn;7, 13 Q. Is there anything else? 14 "Auld Lang Syne." 14 A. No. 15 Q. Again, on what basis did you decide 15 Q. Let's move on to the next category. 16 that Calhoun was wrong here? 16 The second category you testified to 17 A. Individual taste. Thirty years of 17 for which you are seeking protection is what 18 experience and individual taste. 18 should properly be classified as by Dorothy Parker 19 Q. Is there any place in your book, 19 or not, is that correct, a sort of attribution 20 Mr. Silverstein, in which you inform the reader of 20 category? 21 any difference in view that you had with 21 k Yes. As an element of selection. 22 Mr. Calhoun as to what were poems or verses and 22 Q. Can you tell me which of the items you 23 what were not? 23 decided to determine were not properly attributed 24 A. No. My presumption was I was right and 24 to Dorothy Parker. Feel free to look -- 25 everyone else was wrong. 25 A. Were not properly attributed? 5 8 6 0 1 Silverstein 1 Silverstein 2 Q. Were not properly attributed to Dorothy 2 "Mado~a"item and 3, the "Elinor Glyn" item? 3 Parker. 3 Would that be satisfactory? 4 This is not a memory test. I am 4 A. For convenience, that's fine. 5 referring to your interrogatory answers on page 3. 5 Q. Are there any others besides those 6 A. I think you inadvertently reversed the 6 three items that fall into that category? 7 question. 7 ANo. 8 MR. DANNAY: Maybe I did. 8 Let me rephrase. There may be none 9 THE WITNESS: Can you read back the 9 that I can recall that I could find in the papers 10 question. 10 at the time. Like I said, I couldn't find papers 11 (Question read.) 11 that I swore I had, and I have good records. 12 Q. Let me restate it. 12 Q. But making concessions on the shortness 13 I believe you made a determination 13 of life, as far as your memory goes, these are the 14 according to your testimony that there were 14 three items? 15 certain items that you determined should not be 15 A. Yes. I 16 attributed to Dorothy Parker, is that correct? 16 Q. On the item "From the Ladies" by 17 A. Yes, that is correct. 17 Squidge, why did you decide that that was not 18 Q. Your interrogatory answers refer to 18 properly attributed to Dorothy Parker? 19 three of them; is that correct? 19 A. Because in the course of my research to 20 A. That is correct. 20 uncover all the items I could find of Dorothy 21 Q. Can you tell me the names of those. 21 Parker's, I went through more than eight years of 22 A. I can give you the name of one of them. 22 daily editions of the World newspaper. It was 23 The other two are untitled. The best 23 often called the New York World newspaper. I 24 way I determined to identify them was to quote or 24 don't want to be pedantic about it. 25 to cite the substance of those items, which are 25 There was a column'in that paper that

5 9 6 1 1 Silverstein 1 Silverstein 2 generally very short, and to also -- because I was 2 was written by another Algonquin Round Table 3 identifying them in that manner, to also add the 3 writer, Franklin P. Adams. It was called The 4 caveat that there were various subtle distinctions 4 Conning Tower, and which was something of a letter 5 between various forms of these particular items. 5 drop for New York's literati and would-be Literati 6 Those items were, one, the so-called 6 and to which Dorothy Parker often submitted many 7 "Madonna" -- I don't know what you would call it; 7 items. And because this newspaper went out of 8 "iternilet's say -- which the passage read: "Upon 8 business or was absorbed into another paper early 9 my honor, I saw a Madonnalsitting done in a '9 in 1931, Ibelieve, and there are no indices for 10 niche./ Above the door" - 10 it, I had to go through the day-t&y issues of 11 I bdlieve here there is a typo in the 11 the paper. 12 interrogatory. I think it should be "of" as 12 And I had previously seen this Squidge 13 opposed to "or." 13 reference, so while I was going through the 14 --/"of the glamorous whoretof a 14 day-today issues of this newspaper column looking 15 prominent son of a bitch." 15 also for that name, I found dozens of items from 16 The third one -- the third item is also 16 Dorothy Parker, most of which she had ultimately 17 untitled and the text would be more or less, the 17 collected in three previous books of colleaion, 18 accounts vary, "Would you like to sin/With Elinor 18 but I also found several in the mid to late 20s 19 GlynJOn a tiger skin?/Or would you prefermo 19 contemporaneous with those items by Dorothy Parker 20 err/With herton some other fur?" 20 which were written by someone who signed her items 21 Q. Those are the three items; is that 21 with the pseudonym Squidge. 22 correct? 22 I determined that they couldn't be the 23 A. Yes. 23 same. It was unlikely they were the same person 24 Q. Can we safely call the three items 24 because virtually all the Dorothy Parker items 25 "From the Ladies" by Squidge, No. 1, No. 2, the 25 that were being attributed to her at that time 6 2 Silverstein Silverstein were being collected and they had a certain the "Madonna" item. pecuniary value to her because the more poems she Q. You say she denied writing it? 4 wrote and coUected, the more books she put out, 4 A. Yes. I did not -- basically I didn't 5 and none of the poems that were signed by Squidge 5 put it here but Dorothy Parker was subject to 6 were in the books. 6 suffering from inexactitude at times. 7 I made a reasonable deduction from that 7 Q. You say in your introduction quite 8 thatthey were two different people. And the 8 clearly and without qualifcation that Dorothy 9 attribution to Squidge by Julie Goldsmith Gilbert 9 Parker denied writing the "Mado~a"item, isn't 10 in a biography was not accurate when I took into 10 that correct? 11 account that Ms. Gilbert was the niece of Edna 11 A. That is correct. She very well might 12 Ferber, the subject of the biography in which this 12 have. Even if she denied writing it, that's 13 appeared, and was not a professional biographer. 13 another reason, but that's not the reason I did 14 Q. On the "Elinor GlynVtem, why did you 14 not include it. I would not have taken her word 15 decide that item was not properly attributed to 15 as a reason on that particular point because there 16 Dorothy Parker? 16 was no supporting data. 17 A. I just saw no -- I found no documentary 17 Q. Is there any place in your book "Not 18 or other evidence that would lead one to believe 18 Much Fun" that you inform the reader there might 19 that it was by her. 19 be a question as to whether the Squidge item or 20 Q. Based on your research you concluded it 20 the "Elinor Glyn" item may or may not have been 21 was not by her? 21 authored by Dorothy Parker? 22 A. Apparently it was a line that was going 22 I purposely left the "Madonna" item out 23 around, it was in common circulation, and a lot 23 because we just discussed the footnote. 24 was being attributed to Dorothy Parker. I assume 24 k No. 25 this was one of them. I saw no compelling reason 25 Let me rephrase it. No, I didn't. I

6 3 6 5 1 Silverstein 1 Silverstein 2 to include it. I was not convinced it was by her. 2 don't believe I ever mentioned Squidge -- my 3 Q. Why did you decide that the "Madonna" 3 recollection, I do not remember every word I put 4 item should not be attributed to Dorothy Parker? 4 in this book, but I don't recall mentioning 5 A. The same reason as for the "Elinor 5 Squidge in the book. 6 Glyn" piece. There was no compelling reason to do 6 Q. Do you remember mentioning "Elinor 7 so. There was no documentary -- there was no 7 Glyn" in this book? 8 real -- 8 A. I don't recall. I did put it in that 9 Althougb tPig item had been attributed 9 footnote, I guess. Did I? I don't remember. ' 10 to her in a couple of different so-, probably 10 Q. I didn't see it but I'm not putting 11 more than the two I said in the interrogatories, I 11 words in your mouth. I am just asking you -- 12 did not find them compelling or persuasive and I 12 A. I would prefer if you didn't. 13 did not 6nd them conclusive. So I made the 13 MS. McCABE: I object in the sense that 14 decision not to include them. 14 the document speaks for itself. If it's in 15 Q. On the "Madonnan item, take a look at 15 there, it's in there. If it's not, it's not. 16 page 43 of your book in footnote 77, the latter 16 A. I do not have any specific 17 part of the footnote. Are you with me? 17 recollection. 18 A. Yes. 18 Q. As far as you can recall sitting here, 19 Q. You say there "But she," referring to 19 neither the "From the Ladies" by Squidge item nor 20 Dorothy Parker, "denied writing the verse in 20 the "Elinor Glyn" item are mentioned in the book? 21 William Randolph Hearst's San Sirneon guest bookn 21 A. No. No, I don't think I discussed my 22 and it goes on to quote the "Madonna" item. 22 methodology in the book. It was not an academic 23 Is it correct that Dorothy Parker 2 work, so my methodology would have been 24 denied writing the "Mado~a"item? 24 inappropriate. 25 A. It was reported that she denied writing 25 Q. Let's turn to a different category in 6 6 6 8 1 Silverstein 1 Silverstein 2 which you are claiming rights and that's the 2 specific about each of these decisions of yours. 3 category I guess I can call it "titles and 3 I am referring now to page 10 of your 4 subtitles." 4 interrogatory answers where I think you say that 5 k I don? think I am claiming rights on 5 you created certain titles, and I would like you 6 subtitles. I think they-are an underlying basis 6 to tell me what titles you believe you created for 7 for my overall compilation copyright claim. 7 certain Dorothy Parker poems or verses. 8 Q. Part of what I thought you said before, 8 A Reading from the interrogatories again 9 and I asked you to agree with my summary and you 9 in order of the interrogatory, 1, the item which I 10 did, as reflected in your answer to interrogatory 10 titled "Letter to Robert Benchley"; 2, the item I 11 No. 5, is that there were certain instances in 11 titled "Chris-Cross"; 3, the item I titled "Letter 12 which you gave titles to certain of the Dorothy 12 to Ogden Nash" -- let me rephrase that. I 13 Parker items and there were certain instances in 13 retitled that "Lener to Ogden Nash." It had a 14 which you gave subtitles to certain of the Dorothy 14 different title in its original appearance. 4, 15 Parker items and there were certain instances in 15 the item I titled "After Dawnn. 16 which you provided designations to distinguish 16 And 5 through 14, again, each of these 17 among poems that had identical titles, poems or 17 items had different titles in. their original 18 verses; is that correct? 18 appearance. 19 A. No, that's not correct. I said 19 5, "Bores: A Hymn of Hate"; 6, 'The 20 identical titIes were distinguished by me. 20 Drama: A Hymn of Hate"; 7, "Parties: A Hymn of 21 However, I did not say those did not in effect 21 Hate"; 8, "Movies: A Hymn of Hate"; 9, "Books: A 22 create new titles. 22 Hymn of Hate"; 10, The Younger Set: A Hymn of 23 Q. Explain that. I don't understand what 23 Hate"; 11, "Summer Resorts: A Hymn of Hate"; 12, 24 you said 24 "Wives: A Hymn of Hate"; 13, "Husbands: A Hymn 25 A. What I am saying is I did take certain 25 of Hate";14, "College Boys: A Hymn of Hate."

6 7 6 9 1 Silverstein 1 Silverstein 2 actions to distinguish identically titled items 2 For clarity on the record, in each - 3 but by doing so I created new titles. 3 No. 5 on down, "A Hymo of Hate" was the subtitle 4 Q. Your claim is where you provided a 4 which I gave to each one. 5 designation to distinguish between or among 5 MS. McCABE: Can we take a break? 6 identical titles you created a new title? 6 MR. DANNAY: Sure. 7 A. It was a creative decision, A, not to 7 (Recess.) 8 waive identically titled items where I could have 8 Q. Mr. Silverstein, you testified that you 9 three and four songs or three and four of this or 9 provided the title "Letter to Robert Benchley"; is 10 three and four of that. 10 that corned? 11 ' Second, it was my idea to number them 11 A. Yes. 12 as oppose to letter them or change them 12 Q. That's part of your claims in this 13 completely. 13 case; is that correct? 14 Third, it was a decision, minor as it 14 A. It's not a claim. It's a fact 15 may be, to determine to put those - that 15 supporting my selectivity and editing arguments. 16 distinguishing system in brackets as opposed to 16 The same with aU the titles. 17 leaving the name of the poem followed by the 17 Q. The title "Letter to Robert Benchley," 18 number or putting in some other typographical 18 doesn't that accurately describe what it is, a 19 mark. 19 letter to Robert Benchley from Dorothy Parker? 20 All these were creative decisions. All 20 A Among other things, yes. 21 of them did not have to be made. It's not 21 Q. What are the other things? 22 traditional in poetry; I could be wrong about 22 A It's a title, a title being a shorthand 23 that. Ln essence, new titles were created by 23 way to identify something. 24 doing so. 24 Q. Isn't the title absolutely descriptive 25 Q. Let's move on and be a little more 25 of the work? 7 0 7 2 1 Silverstein 1 Silverstein 2 MS. McCABE: I am going to object to 2 A. I made it standardized with the "Letter 3 the form. 3 to Robert Benchley" because they are all part of a 4 k Yes, which makes it a perfectly good 4 compilation, and standardization is part of 5 title. 5 editing. 6 Q. Let me ask you, too, with regard to 6 Let me continue. I should have 7 "Lemr to Ogden Nash," that was one of the titles 7 mentioned this before. 8 you say you provided? 8 I did the "Letter to Robert Benchley," 9 A. I abridged a title they put in, I 9 I so titled that one so that would be standard 10 believe. I believe that the heading was something 10 with this one. It was a scheme between the two of 11 else. 11 them. Those were the two letters. I wanted to 12 MR. DANNAY: Let's mark this as 10. 12 have them have standardized titles. And that was 13 We are marking as Exhibit 10 what is 13 a creative decision. 14 Bates-stamped 155 provided by your lawyer, 14 Go ahead, please. I am done. 15 and at the top left it says, "From the Inner 15 Q. Does not the title "Letter to Ogden 16 Sanctum of Simon & Schuster" and it's an 16 Nash" accurately describe what the item is? 17 excerpt from the Saturday Review of 17 A. Yes. As "The TITANIC." 18 Literature and it looks like January 17th. I 18 Q. Have you finished your answer? 19 can't tell what the year is. 19 A. Yes. 20 (Defendant's Exhibit 10, excerpt from 20 Q. Let's move on to the Hymns of Hate. 21 Saturday Review of Literature, marked for 21 There were ten of those in the group, 22 identification, as of this date.) 22 am I correct, for which you are claiming to have 23 Q. On the "Letter to Ogden Nash" title, 23 given titles; is that so? 24 you looked at what has been marked as Defendant's 24 A. Yes. 25 Exhibit 10, Mr. Silverstein? 25 Q. AU of these were published in Life

7 1 7 3 1 Silverstein 1 Silverstein 2 A. Yes. 2 magazine under the series title "Hymn of Hate"; is 3 Q. In the upper left-hand corner, the poem 3 that correct? 4 is reproduced; is that correct? 4 A. No, I wouidn't categorize it that way. 5 A. Yes. The item is reproduced. 5 There were 10 items which were published in Life 6 Q. The item is reproduced. However you 6 magazine. They all had the same title, which was 7 want to classify it. The Dorothy Parker item is 7 "Hymn of Hate." 8 reproduced there; is that correct? 8 Q. Each of these ten items had a title 9 k Yes. It B. 9 that said "Hymn of Hate," is that correct, as they 10 Q. That's theitem for which you say you 10 appeared in Life magazine? 11 provided the title "Letter to Ogden Nash"; is that 11 k Yes, that was the title given to each 12 correct? 12 one of them. 13 A. Yes. 13 Q. There were no subtitles; is that 14 Q. Above the item as reproduced on 14 correct? 15 Defendant's Exhibit 10 are the words "Letter from 15 A. That is correct. 16 Dorothy Parker to Ogden Nash"; is that correct? 16 Q. The change you made in each of these 17 A. Yes. 17 was to take the subject matter of the item, is 18 Q. So your contribution was dropping the 18 that correct, and place it first in the title 19 words "from Dorothy Parker" to end up with "Lette~ 19 followed by a colon followed by "A Hymn of Hate"; 20 to Ogden Nash"; is that correct? 20 is that correct? 21 A. Yes. 21 A. No. What I did was I chose the subject 22 Q. Did you make any other contribution to 22 matter as found in the opening couplet of each 23 that title? 23 item, created a title based on that, then took the 24 A. Yes. 24 previous title, "A Hymn of Hate," and made that 25 Q. What? 25 into a subtitle while for adminintrative 7 4 7 6 1 Silverstein 1 Silverstein 2 conveniences we might refer to the item as, for 2 was I determined to make a common scheme with the 3 example, "Bores: A Hymn of Hate." One part of 3 earlier part of that sequence that appeared in 4 that is a title and one part of that is a 4 another -- which had appeared in another magazine,

5 subtitle. ' 5 i.e., Vanity Fair, and I decided -- 6 Q. Let's start with that "Bores: A Hymn 6 It was a creative judgment that I would 7 of Hate". That's one of the titles; is that 7 juxtapose the subjects with the underlying series 8 correct? 8 but maintaining the "Hymn of Hate" as a subtitle 9 A. Yes, it is. 9 io distinguish the items that had originally 10 Well, "Bores" is the title. "A Hymn of 10 appeared in Life and those which had earlier 11 Hate" is the subtitle. 11 appeared in Vanity Fair, so you could see the 12 Q. Okay. Thank you. 12 common sequence and integrate the whole series of 13 In that item, the first line reads "I 13 disparate items into a common and coherent whole. 14 hate bores"; is that correct? 14 which is the essence of compilation. 15 A. Yes. 15 Q. In each case regarding the Hymns of 16 Q. Is that correct? 16 Hate the title word is the word that appears at 17 A. I have very little doubt it's correct 17 the end of the first line of verse? 18 but I am sure it does. 18 A. On a couple of occasions the article 19 Yes, it is. 19 also. 20 Q. The first line of "The Drama: A Hymn 20 Q. Let's turn to what you were also 21 ofHate" is "I hate the Wan? 21 talking about, the Hate Songs that appeared in 22 A. Yes. 22 Vanity Fair. 23 Q. The first line of the item "Parties: 23 k Yes. 24 A Hymn of Hate" is "I hate parties"; is that 24 Q. You made no change in any of those 25 correct? 25 titles,correct?

7 5 7 7 1 Silverstein 1 Silverstein 2 A. Yes. 2 MIL DANNAY: Since they weren't 3 MS. McCABE: I am going to object to 3 included on the List of 14, I assume it's 4 the whole line of questioning. The document 4 true. 5 speaks for itself, but you can answer. 5 A. I assume it's true also. 6 Q. The next item is titled by you "Movies: 6 Yes. 7 A Hymn of Hate" and the first line of the poem or 7 Q. The Hate Songs have the following 8 the item is "I hate movies"? 8 titles, am I correct? I wiu read them to see if 9 A. Yes. - 9 we can save some time here. There are eight of 10 Q. Right down the line it's "I hate 10 them. 11 books," "I hate the younger set," "I hate summer 11 "Women: A Hate Song"; "Men: A Hate 12 resorts," "I hate wives," "I hate husbandsn and 12 Song"; "Aaresses: A Hate Song"; "Relatives: A 13 "I hate college boysn; each of those is the first 13 Hate Songn;"Slackers: A Hate Song"; "Bohemians: 14 line of those items? 14 A Hate Songn;"Our 0£6a:A Hate Song"; "Actors: 15 MS. McCABE: I continue my previous 15 A HateSong." 16 objection. 16 Did I do that comctly? 17 A. Yes. 17 A. With the minor quibble that "Our 18 Q. What you did was to take the word that 18 Office: A Hate Song" had a super subtitle between 19 appears at the end of the first Line of each of 19 the "Our Office" and "A Hate Song." I'm not sure 20 those items and make that the title followed by a 20 it has it in the original. 21 colon and add as the subtitle what had previously 21 I think substantially you are correct, 22 been the title, namely "Hymn of Hate"; is that 22 though, yes. 23 correct? 23 Q. These were the original titles and 24 A. No. 24 subtitles provided by Dorothy Parker, am I 25 To an extent that's true. What I did 25 correct? 7 8 1 Silverstein 1 Silverstein 2 A. Actually "Our Office: A Hate Song" I 2 Q. Is your answer done? 3 superimposed - I made it into a super subheading, 3 A. No. I was interrupted. 4 "An Intimate Glimpse of Vanity Fair En Fade" 4 I made a decision, creative decision, 5 when according to the original, "A Hate Song" 5 to retitle the items that appeared in Lie 6 preceded that as a subtitle. So that was another 6 magazine so that the titles of the full series 7 change which I had not noticed before. 7 would be consistent, yet simultaneously reflecting 8 Q. What you just read is not part of the 8 the change in publications. 9 title or subtitle, is it? 9 Q. Are you done? 10 A. Yes, it is. 10 A. Yes,I am.

11 Q. It is? " 11 Q. The 14 titles that you have identified, 12 A. Yes, it is. 12 "Letter to Robert Benchley," "Chris-Cross," "After 13 Q. Does it appear that way in the table of 13 Dawn," "Letter to Ogden Nash" and then, to shorten 14 contents in your book? 14 it, the 10 Hymns of Hate, are there any other 15 A. No. 15 titles that you provided that should be added to 16 Obviously this is a very, very minor 16 that list or is that it, the 14 that we have 17 thing. Yes, in the original "A Hate Song" 17 discussed? 18 precedes the otlier subheading "An Intimate Glimpse 18 This is not a trick question. You 19 Of Vanity Fair En Famille," and in my original and 19 provided the 14 in your interrogatory answer on 20 I assume in the Penguin that precedes the 20 page 10. We just had some testimony about them 21 subhead -- subtitle "A Hate Song." A minor thing. 21 and I am just asking you if there are any others. 22 Q. In co~ectionwith the Hymns of Hate, 22 I wasn't trying to repeat each and every one of 23 what you basically did was followed the same 23 the titles in my question. 24 formula that Dorothy Parker used in titling the 24 MS. McCAEE: He is just checking his 25 Hate Songs; is that correct? 25 answer.

7 9 8 1 1 Silverstein 1 Silverstein 2 MS. McCABE: I am going to object to 2 A. Besides what we earlier testified to, 3 the form. 3 yes. 4 A. I made the creative decision to change 4 Q. Do you claim in this case that any of 5 the titles and subtitles of the ten items that 5 the titles that you provided are copyrightable? 6 appeared in Life to conform with an earlier form. 6 A. That's a legal conclusion. I'm not 7 Q. Am I incorrect in saying that in 7 going to answer it. 8 retitling the Hymns of Hate you followed the same 8 Q. I think you have to answer it. You 9 formula that ~&oth~Parker used in connection 9 reserve all objections as to admissibility and 10 with the Hate Sbngs? Is that an incorrect 10 substance, b;t I am asking you as part of your 11 statement? 11 claims in this case whether you are claiming that 12 A. It's an incomplete statement. My 12 any of these titles that you provided are 13 testimony is I made a creative decision to do so, 13 copyrightable. 14 to change them completely. MS. McCABE: I am going to object. If 15 Q. I'm not asking for a qualitative he can answer it, he can answer it. If he 16 judgment. I am asking you whether the title and can't answer it, then he can't answer it. 17 subtitles as they appear in the Hate Songs as You can answer. 18 titled and subtitled by Dorothy Parker is MR. DANNAY: Before you give the 19 substantially tbe same formula as you used for the answer, let me jkt state that I am entitled 20 Hymns of Hate? to know what his claims are. If the claim is 21 A. I made a creative decision to make them that the title is copyrightable that he 22 into a standard -- provided, I want to know it. If it isn't 23 MS. McCABE: I don't know what you mean such a claim, I want to know that as well. I 24 by "formula," by the way. don't.think that's unreasonable. - 25 MR. DANNAY: I asked the question. MS. McCABE: I think it's asking for a

- 8 2 8 4 Silverstein 1 Silverstein legal conclusion. I'm not telling him not to 2 A. Yes. And the eleventh one is a answer the question. 3 subtitle reading "On Confusing Messrs. Morley and MR. DANNAY: I don't want to argue with 4 Robin" which I created as a subtitle to you. It would be a legal conclusion if I was 5 "Chris-Cross" -- the item titled "Chris-Cross." asking him to make a determination as to 6 MR. DANNAY: Let's mark as Defendant's whether it is or it isn't copyrightable. 7 11, please, Bates number 150 as provided by It's not a legal conclusion to know whether 8 your attorneys, an item from the New Yorker he is claiming that the titles are 9 of November 12,1927, page 112. It has an copyrightable or not. 10 overall column heading "Reading and Writing." MS. McCABE: But "copyrightable" in and 11 @efendantls Exhibit 11, item from the of itself is a legal term. 12 New Yorker of November 12,1927, marked for Q. Can you answer the question? 13 identification, as of this date.) A. Yes. I think that -- I think the 14 Q. You are familiar with this item, 15 titles are an element of our claim. That is what 15 Defendant's ll? 16 we mentioned. 16 A. Yes. 17 Q. What is the basis of your claim that 17 Q. This contains in the first column, am I 18 the titles are copyrightable? 18 correct, the item relating to Christopher Morley 19 A. I didn't say that. I said they are an 19 and it goes "Hippity Hoppity", et cetera? 20 element of our claim, based on my reading of 20 A. Yes. 21 copyright law. 21 Q. That's reproduced in your book? 22 Q. You tell me what your reading of 22 A. Yes. 23 copyright law is that is part of your claim. 23 Q. The first sentence in the left-hand 24 A. I have nothing specific to add. 24 column reads "Every day it becomes a little more 25 Q. So your testimony is that the titles, 25 difficult for me to keep hmconfusing

8 3 8 5 1 Silverstein 1 Silverstein 2 the 14 titles that you provided, about which you 2 Christopher Moriey with Christopher Robin." Did I 3 testified earlier, are part of your copyright 3 read that correctly? 4 claiminthiscase? 4 A. You read it accurately; yes. 5 Ayes. 5 Q. A little ways down the poem or verse or 6 Q. Let's turn to the subtitles. 6 item is reproduced; am I correct? 7 You also claim that you created certain 7 A. Yes. 8 subtitles; is that correct? 8 Q. Your contention here is that you 9 A. Yes. 9 provided the subtitle "On Confusing Messrs. Morley 10 Q. My reading of your interrogatory auswer 10 and Robin," is that correct? 11 on page 10, which you are free to refer to, is 11 A. Yes. 12 that your claim says that you created 11 12 Q. Did you get that subtitle basically 13 subtitles? . 13 hmthe first sentence of this column? 14 Let's get the number first. 14 A. No. Of course I read it, but I was 15 A. Yes. 15 inspired to put a subtitle for this item for which 16 Q. Is that correct? 16 I put a deliberately quizzical item, something 17 A. Yes. 17 that would be puzzling, and I wanted to put a 18 Q. Tell me what the 11 subtitles &e that 18 clever title and I decided to put a subtitle that 19 you claim to have provided. 19 cleverly yet cleariy described the purpose of the 20 A. I individually created the subtitle 20 title it succeeded. 21 "Hymn of Hate" for each of the so-called "Hate 21 Had I read that before? Of corn. 22 Verses" which appeared in Life magazine which have 22 But Ichanged the wording around and I did it in a 23 been exhaustively cataloged earlier. 23 way to - I created what I thought was a succinct - 24 Q. Those are the same 10 that you 24 and sharp and direct subtitle. I was very pleased 25 testified to earlier? 25 with it 8 6 3 8 1 Silverstein 1 Silverstein 2 Q. Are there any other subtitles beyond 2 brackets. 3 these 11 that you are claiming that you created? 3 I could have appended -- used the same 4 A. No. 4 title and appended date of publication enclosed in 5 Q. I will ask you the same question here 5 parentheses. 6 that I asked you in connection with the titles: 6 I could have used the original title 7 Are you claiming in this case that the skbtitles 7 and appended to it a numeral enclosed in brackets. 8 that you provided are copyrightable? 8 I could have used the original title 9 MS. McCABE: I am going to object. 9 and appended to it a numeral encased in 10 That calls for a legal conclusion. The term 10 parentheses. 11 "copyrightable" is a legal term. 11 I could have used the same title and 12 MR. DANNAY: Again, I will state that 12 appended to it a Letter of the aiphabet and closed 13 my question was are you claiming that they 13 that in -- encased that in brackets. 14 are copyrightable; I wasn't asking him to 14 I could have taken the original title 15 render a decision on the question. 15 and append to it a letter of the alphabet and 16 A. I am asserting the same answer I 16 enclosed that in parentheses. 17 asserted before regarding titles. 17 I could have changed the various - 18 Q. What was that answer? 18 titles. 19 A. I am asserting they are an element of 19 I could have, with the various 20 our copyright claim. 20 typographical features I just described above, 21 Q. Moving on to the third area of the 21 taken the fmt line of that or the first few 22 titles, I think you testified before that you 22 words of that particular item and put that after 23 provided, you claim, certain designations to 23 the title to distinguish it. 24 distinguish among identical titles of Dorothy 24 Or in essence I could have done any 25 Parker. Is that correct? 25 other number of techniques or devices to

8 7 8 9 1 Silverstein 1 Silverstein 2 A. Yes. 2 distinguish or not to distinguish the various 3 Q. Tell me what they are and what you did. 3 items from each other. 4 A. There were several items which I found 4 And I chose, first of all, that it 5 in original publications that were ostensibly 5 would be better for the reader if I did in fact 6 written by Ms. Parker with the titles "Moral Tales 6 create some sort of sufficient form of 7 for the Young," "Rondeau," "Rosemary," "Song," 7 distinction, and second I determined that the most 8 "Sonnet," "Triolet." Those are all of them, and 8 elegant and the most coherent and the most 9 in each of those instances I found there were 9 appropriate form would be to use numerals. 10 multiple examples of various items with the same 10 Ahd I further determined that while 11 title. 11 parentheses or brackets on either side of that 12 I had various alternatives afforded to 12 numeral could have also had the same effect or an 13 me at that point. 13 em-dash preceding a numeral might have even heen 14 I could merely leave Dorothy Parker's 14 more clear, I ultimately determined that I would 15 titles and just have several items with the same 15 close those numerals in brackets. 16 title. 16 Of course, a number of other 17 I could leave the title and append to 17 alternatives were available to me. I could go on 18 it a date of publication which would have 18 and on. For the purpose of brevity I will leave . 19 distinguished it. 19 it there. 20 I could have left the same title and 20 Q. Let's look at what you did. 21 appended a letter of the alphabet. 21 There were two items by Dorothy Parker 22 I could have kept the title and 22 each ded"Moral Tales for the Young," is that 23 appended a number. 23 correct? 24 I could have kept the same title and 24 A. I don't know that. I found two with 25 appended the date of publication enclosed in 25 that title. There could have been any number 9 0 1 Silverstein 1 Silverstein 2 more. 2 title and only begun the distinctions with 3 Q. Certainly your book tells your 3 subsequent items. 4 readers -- 4 MR. DANNAY: Thank you for that 5 A. My selection does. I do not know what 5 correction. 6 I didn't find. I wouldnever presume that I found 6 Q. What you did in the case of "Moral 7 everything. I would never state so. 7 Tales for the Youngn was add a 1 in a bracket and

8 Q. I may be a very unsophisticated, naive ~ 8 "Moral Tales for the Young," a 2 in a bracket 9 reader but I found two items in the table of 9 after the other? 10 contents and two items in the text of your book, 10 A. Yes, in brackets. 11 each titled "Moral Tales for the Young." Did I 11 Q. Am I correct for "Moral Tales for the 12 misread your book? 12 Young" that the numbers follow chronologically; in 13 A. No. 13 other words, you added the 1to the "Moral Tales 14 Q. It was Dorothy Parker so far as any of 14 for the Young" that was published prior to the one 15 us know that provided the title "Moral Tales for 15 that now has the bracketed 2? 16 the Young"; is that correct? 16 A. Yes. 17 A. I don't know. 17 Q. Is the same also the case for 18 Q. You don't know? 18 "Rondeau"? 19 A. I don't know. 19 A. It is the case for all of them. 20 Q. Do you know anyone else who might have 20 Q. For allof them. 21 provided that? 21 The numbers appear in chronological 22 A. I know it's often practiced in 22 order as far as the publication dates go? 23 magazines and newspapers for editors and 23 k For those particular items that had 24 sub-editors to provide titles and headlines for 24 originally been titled with that title. 25 things. I think it's possible that Dorothy Parker 2.5 Q. "Moral Tales for the Young" we have

9 1 9 3 1 Silverstein 1 Silverstein 2 titled the item. I really have no actual 2 "[I]," 72)"; is that correct? 3 knowledge of it, though. 3 A Yes. 4 Q. I understand the predicament. 4 Q. "Rondeau" we have "11," "[2]" added by 5 In the original publication where 5 you; is that correct? 6 "Moral Tales for the Young" appeared, that was the 6 A Yes. 7 title in each case? 7 Q. "Rosemaryn we have "11" and "[a]" 8 A. Yes, it was. 8 added by you; is that correct? 9 Q. What you did, as,I undepqd it, for 9 A. Yes. 10 one of those items you added a 1in a bracket; is 10 Q. "Sonnet" we have "11" and "[2P added 11 that correct? 11 by you? 12 k Yes. 12 A. Yes. 13 Q. And for the other you added a 2 in a 13 Q. "Triolet" we have "[I]" and "[2]" added 14 bracket; is that corms? 14 by you? 15 A. Yes. 15 A Yes. 16 I want to add to my previous answer 16 Q. And for "Songnwe have "[l]," "[2]," 17 which was truncated. 17 "[3]," "[4In added by you; is that correct? 18 Q. Which answer? 18 A. Yes. 19 A. The brief one. 19 I assume you are speaking shorthand for 20 I also had the alternative if I didn't 20 those items. 21 intend to employ a numeral or letter in whatever 21 MR. DANNAY: Yes. I hope the 22 typographical cocoon or noncocoon, I could have 22 transcript will come out that way. 23 left the first item of that series without any 23 A. Yes. 24 letter or number and just started numbering after 24 Q. I am correct? 25 that, in which case I would have kept the original 25 A. Yes. 9 4 9 6 1 Silverstein 1 Silverstein 2 Q. In each of those cases the 1 and 2 are 2 Q. I'm not sure you answered my question 3 in chronological order following the dates of 3 so I am going to ask it again in a different way. 4 publication of those items? 4 A. Sure. 5 A. The items are numbered succeeding 5 Q. Which is the title of this item, taking 6 through chronological publications. 6 "Rondeau," the "Rondeau" items; is it "Rondeau" or 7 Q. What you supplied were the bracketed 7 is it "Rondeau" followed by 1 in a bracket? 8 numbers; is that correct? 8 A. The latter, "Rondeau" followed by 1 in 9 A. No. I also supplied the scheme for 9 a bracket. 10 doing so. I had to first devise the scheme. All 10 Q. The purpose of the bracketed numbers I 11 Dorothy Parker provided below those, the text of 11 think you are saying is not simply to distinguish 12 the poems, were sequence of letters, spaces and 12 between identically titled Dorothy Parker items 13 line breaks. 13 but to also create a new title? 14 Q. You provided the concept; is that 14 A. No, that was not the intent. The 15 correct? ,, 15 intent was to create - 16 A. I provided the scheme. 16 Excuse me. There was no purpose to 17 Q. Is a scheme something different than 17 create a new title. A new title was created by my 18 the concept? 18 judgment to distinguish the item from the other 19 A. I provided both the concept and scheme. 19 items with the original identical title. 20 You are right. I'm not trying to play 20 Q. As you understand it, the bracketed 21 word games. I provided the idea. 21 numbers are parts of the titles; is that correct? 22 Q. I may have misunderstood what you said 22 A. Yes. 23 earlier, particularly when I considered you. 23 Q. Your contribution was to supply the 24 interrogatory answers. I want to clarify this. 24 number in the bracket as well as the overall idea 25 Do you consider the bracketed numbers, 25 of doing that?

9 5 9 7 1 Silverstein 1 Silverstein 2 if I can call them that, as creating a new or 2 MS. McCABE: Asked and answered, but 3 altered title or are the bracketed numbers there 3 you can answer. 4 to provide a means to distinguish otherwise 4 A. As well as to create the underlying -- 5 identical titles and so avoid confusion in 5 to subjectively determine that the best way to 6 referring to them? 6 handle it would be to create that circumstance, 7 A. It was all -- these letters or the idea 7 yes. 8 to distinguish the various poems, the manner in 8 Q. Why did you prefer brackets to 9 which I did it 'zd other similar - 9 parentheses? 10 Let me rephrase that. 10 A. Fitof all, I like brackets better. 11 The purpose of doing things the way I 11 I just think -- I just prefer them as 12 did was to create a common -- it was my judgment 12 typographical symbols. 13 to create a common sequence of standards by which 13 Second, I think that there was some 14 disparate elements that had been previously 14 sort of -- I wanted to keep the index more clear 15 published separately could be accumulated and 15 and the index had some items, I believe, with 16 compiled into what would artistically be a 16 parentheses on them, so I wanted to keep those 17 coherent whole. 17 clear. 18 Therefore, through that I used my own 18 Q. Is that your answer? 19 subjective judgment to determine the best means by 19 A. Yes. 20 which I could do that, and in this instance it was 20 Q. Would you say, Mr. Silverstein, that 21 my subjective judgment that the most elegant and 21 changing the "Hymn of Hate" titles to precede each 22 most appropriate way of doing it would be through 22 of them with an individual subject -- such as, for 23 the means of setting apart the identically named 23 example, "Bores" -- is analogous to adding 24 items by -- identically titled items by the 24 bracketed numbers to distinguish items that have 25 bracketed numbers. 25 identical titles? 9 8 100 1 Silverstein 1 Silverstein 2 MS. McCABE: I am going to object to 2 breaking point? 3 the form. 3 MR. DANNAY: I would like to cover one 4 A. No. 4 other thing. 5 Q. No? 5 Q. We are going to get to editing and 6 A. No. - 6 punctuation but I certainly don't want to do that 7 Q. Whynot? 7 before lunch. Let me ask you something in 8 A. They are different. 8 connection with the arrangement of the poems and 9 Q. I didn't say they weren't different. I 9 verses in your book. 10 asked whether they were analogous. 10 The arrangement in your book "Not Much 11 A. You asked if they were analogous and I 11 Fun" deviates from chronological order, isn't that 12 said no. You said why not and I said they are 12 correct? 13 different. 13 A. The answer should be simpler than it 14 Q. Are there any other titles or subtitles 14 is. 15 or individual titles with distinguishing brackets 15 The manuscript accepted by Scribner was 16 or any other feature that you provided that you 16 in chronological order with the exception of the 17 have not commented on over the last few minutes? 17 "Hate Verses" being segregated at the end also in 18 MS. McCABE: Could you repeat that 18 chronological order. However, the typesetters or 19 question. 19 the layout people, whoever handled it, rearranged 20 (Question read) 20 some of the poems. 21 MR DANNAY: I am going to withdraw the 21 Q. I am only talking about what appears in 22 question. 22 your book, not what appeared in your manuscript 23 Q. I am going to ask you: Are there any 23 that was submitted for the publisher, 24 other titles or subtitles falling within your 24 Am I correct in saying that the 25 claims in this case other than the ones you just 25 arrangement of the poems and verses in your book

9 9 10 1 1 Silverstein 1 Silverstein 2 testified about? 2 as published is not in chronological order? 3 A. Yes. 3 A. Not completely in chronological order. 4 I actually hadn't considered this 4 The vastly greater proportion of it is. There are 5 before but on the "Letter to Ogden Nashn I deleted 5 some that are out of sequence. 6 from the subtitle which was provided by the 6 Q. The "Hate Verses" at the end are out of 7 advertiser or Simon & Schuster, whoever prepared 7 sequence? 8 it, I deleted the date which was part of the same 8 A. They are in sequence, but they are at 9 line with "Chalet La Bruyere, Montana-Vermala, 9 the end. 10 Switzerland." 10 Q. They are in sequence among themselves 11 Actually, let me clarify my answer. 11 but not in sequence of the overall poems and 12 Ln the original that is not a subtitle, 12 verses in the book? 13 that is merely the location from where the letter 13 k Yes. 14 which followed ostensibly was written. I 14 Q. I would like you to tell me which of 15 determined that that should be properly placed as 15 the poems and verses are out of sequence in your 16 a subtitle, and created it as such. 16 book. Feel free to look at it. I want you to 17 And then the remainder of that address 17 tell me which ones are and how many. 18 is "October 1930,"and I determined not to include 18 MS. McCABE: When you say "out of 19 that in that subtitle which I created. 19 sequence," you mean nonchronological order? 20 Q. Anything else you want to add to this 20 MR. DANNAY: Yes. I had used that term 21 list? 21 initially and your client, Mr. Silverstein, 22 A. No. Not that I know of. 22 had changed it to "out of sequence." I am 23 MR. DANNAY: We are done with titles 23 assuming they are analogous or similar, if - 24 and subtitles. 24 not identical. 25 MS. McCABE: Is this now a good 25 MS. McCABE: I don't know if they are 102 135 1 Silverstein 1 Silverstein 2 different or not. 2 A. It doesn't strike a specific response 3 Go ahead. 3 but it does seem characteristic of the care I put 4 A "Any Porch," "Musical Comedy Thought," 4 into every bit of the layout. 1 was kind of a 5 "To My Dog," "Fulfillment," "The Drab Heroin," 5 pain in the bun about it. 6 "The Western Hero." "The Glad Girl," "The Boy 6 Q. On the question of arrangement, so that 7 Savante," "The Great Lover," "Moral Tales for the 7 we can cover all our bases in terms of what your 8 Young [21," "Fantasy," "Daydreams" and the 18 8 claims are, am I correct that you are making no 9 "Hate Verses," so-called "Hate Verses." 9 claim in this case that the Defendant's - 10 Q. Would you be able to just count those 10 arrangement of its poems infringes your 11 up and tell me what the total is? 11 arrangement? 12 MS. McCABE: You have 12 plus 18? 12 A. No. I believe the element is that they 13 A. 30. 13 followed the same scheme that I generally 14 MR. DANNAY: 30. 14 followed. 15 Q. What was the reason, if any, that you 15 Q. So the arrangement of the items in each 16 didn't follow chronological order? 16 of the books you are claiming is part of your' 17 A, I did. 17 claim of infringement in this case? 18 Q. You did in what you submitted to Simon 18 I'm not sure I really understand what 19 & Schuster? 19 you are saying. 20 A. Except the hate poems. I decided I 20 A I am saying that I believe that Penguin 21 wanted those separately. 21 did follow my general scheme. 22 Q. What was the reason that they decided 22 Q. In what way? 23 not to follow the chronological order? 23 A I arranged it primarily chronologically 24 k I would be speculating. 24 and so did they. I will not comment regarding 25 Q. Did they tell you? 25 legal sufficiency of it.

10 3 10 5 1 Silverstein 1 Silverstein 2 k They might have at the time. They 2 Q. I am quite confused because your book, 3 might not have. I didn't even notice some of 3 you just testified, is not in chronological order 4 these being out of sequence until just now 4 as far as the items go. 5 actually. I just don't remember. I presume that 5 k That is not what I testified to. 6 it's because they were for typographical reasons. 6 MS. McCABE: I object to that question. 7 Q. Would one of those typographical 7 Q. Have you checked the arrangement of the 8 reasons be, from what 1 believe I read in 8 Defendant's book? 9 correspondence from you to them, to allow two-page 9 k I looked through it. 10 poems to appear on facing pages so that if you did 10 Q. It's in chronological order, is it not? 11 them in chronological order, it might not work out 11 A I believe it is.

, 12 that way but if you reananged the order, you 12 Q. Despite the difference in the sequence I I 13 might be able to work it so that a two-page poem 13 and the arrangement in each book, you are still 14 appeared on Edcing pages? 14 claiming that arrangement is part of your claim in 15 Could that be one of the reasons? 15 this case? 16 k It could. 16 A. I am saying the substantial scheme of 17 Q. Wasn't that something in one of your 17 my book was also chronological; that they might 18 letters to Simon & Schuster that you recommended 18 have moved a couple of poems around because my 19 being done? 19 book was put out as a hard-cover, as a stand-alone 20 A. I don't specifically recall. If you 20 volume. 21 have the letter. 21 Penguin was not as concerned about page 22 MR. DANNAY: If there is a letter, 22 breaks and about such things that Scribaer was. 23 there is a letter. I seem to remember 23 Scribner was only putting one poem per page, 24 reading it. 24 Penguin was not. Therefore Scribner w-as subject 25 Q. It doesn't strike a responsive bell? 25 to certain constraints which Penguin was not and 10 6 108 1 Silverstein 1 Silverstein 2 they might have moved some around. It doesn't 2 decided six were verses or poems and I did not. 3 vitiate the fact that the basic configuration of 3 Those would be "Playing Safe" and the six I guess 4 "Not Much Fun" was chronological as was the 4 previously mentioned "Standardized Song-Sheet" 5 Penguin. 5 items, which would be short -- that's the title; 6 Q. To be clear,%at part of your claim in 6 the subtitle being "Marching Through Georgia," 2, 7 this case is that the arrangement of the items in 7 "A Long, Long Trail," 3, "Dear Old Pal of Mine," 8 the defendant's book infringes the arrangement of 8 4, "Tipperary," 5, "K-k-k-Katy,"6, "Auld Lang 9 the items in your book? 9 S~ne.~ 10 MS. McCABE: I object again, but go 10 Let me add to that. Actually to that 11 ahead. 11 list I probably should list -- 12 A. I am saying they are substantially 12 I have on page 3, item 2@),the 13 similar and insofar as that is an element of 13 improperly attributed "From the Ladies" which was 14 copyright infringement, it is an element of 14 by the pseudonymous Squidge was included in 15 copyright hiihgernent. 15 Calboun's book also. So that would be an item 16 Q. I'm not asking you that. I am asking 16 that he determined was a poem and I didn't. I 17 you whether it's part of your claim in this case. 17 determined it wasn't a poem because it wasn't by 18 A. I am saying as an element of copyright 18 Parker. 19 infringement, as I am claiming copyright 19 Q. Aside from the differences you had with 20 infringement, it is. And to that effect, yes. 20 the Calhoun book about the proper attribution or 21 Q. One other question I hope before we 21 not to Dorothy Parker or whether it was properly 22 break for lunch. 22 classified as a poem or verse or not, except for 23 The Calhoun book which is Defendant's 23 those which you outlined in your interrogatory 24 Exhibit 9, you have read through the book, have 24 answers, all of the other uncollected poems that 25 you not, the Calhoun book? 25 appear in your book are referenced in the Calhoun

107 109 1 Silverstein 1 Silverstein 2 k No, I haven't read through it. I 2 book? 3 leafed through certain sections of it. 3 MS. McCAJ3E: I am going to object to 4 Q. Do you know how many of the 122 4 the form, but go ahead. 5 uncollected items that appear in your book are 5 A. I want to check also whether the 6 listed in the Calhoun book? 6 "Higgledy Piggledyn was in Calhoun. 7 k I have to look at my interrogatorieson 7 Q. Can you answer my question and we will 8 that. 8 reserve on "Higgledy Piggledy ." 9 When you said poems, I assume you mean 9 A Repeat the question, please. 10 what I referred to as items, poems and verses. 10 MR. DANNAY: It will be read back to 11 MR DANNAY: For present purposes we 11 you. 12 are using "poems," "versesnand "items." 12 (Question read.) 13 k I don't want to seem pedaatic about 13 A. I think so. 14 that but I don't want to get mired. 14 Q. Did you use the Calhoun book as part of 15 According to interrogatory 3, my 15 your research in the preparation of "Not Much 16 interrogatory response No. 3 to Plaintiffs 16 Funn? 17 Responses to Defendant's Interrogatories and 17 k I used it after I went through and 18 Document Demands, "Not Much Fun" - in the final 18 found all the poems myself, I went through it to 19 edition of "Not Much Fun" I determined that six 19 find out if I missed anything. 20 items were in fact poems or verses but Calhoun did 20 Q. Were you aware of the Calhoun book 21 not. Those six being "Letter to Robert Benchley," 21 before you did the research on your own book? 22 the "Men I'm Not Married To," "Monody," 22 A. I became aware of it midway through my 23 "Chris-Cross," "After Dawn" and "The Passionate 23 research on my book. 24 Screen Writer to His Love." 24 Q. How did you become aware of it? 25 Ah,according to this, Calhoun 25 k I saw it on the shelf at the library. 110 112 1 Silverstein Silverstein 2 Q. Did you use the Calhoun book at all in MR. DANNAY: That will be done under 3 helping you to locate any of the socalled oath as if it were a supplement to the 4 uncollected poems? interrogatory answers? 5 A. There was one that I found through the MS. McCABE: Yes. Mr. Silverstein will 6 Calhmn book, the poem "Balto." attest to the veracity of what is being 7 And also at the same time I was turned over to Mr. Dannay. 8 corresponding with the Saturday Evening Post. I'm MR. DANNAY: Let me mention also, you 9 not sure about the sequence of events. At the and I will agree and so notify the 10 time 1 was looking at the Calhoun book I realized magistrate, Judge Freeman, that this is 11 there were two or thee items ih there that I another one of those areas that will be 12 didn't have because they were under a pseudonym of carved out to go beyond the pressing cut-off 13 Dorothy Parker in the Saturday Evening Post. discovery period. 14 But around that time also the Saturday MS. McCABE: That is correct. 15 Evening Post was providing me with their catalog MR. DANNAY: I think she indicated if 16 List of 18 items. They sent me a List. They we agreed she would do that. , . 17 wanted me to obviously take as much as possible MS. McCABE: Right. 18 from their list. They were getting paid per poem. MR. DANNAY: That's one area. 19 So I'm not quite sure about the 19 RQ The other area that I do want to carve 20 sequence on it, but there were a couple that were 20 out, too, you may be able to expedite it, I 21 in Calhoun citations that I looked up for things 21 do want all of the Simon & Schuster contracts 22 from the Saturday Evening Post that I had not 22 and royalty statements that he has that you 23 found previously because they were under a 23 have not turned over. In other words, I 24 pseudonym. Around the same time I was also 24 don't want just the royalty statements that 25 getting information from the Saturday Evening 25 his agent provided but I want the underlying

111 113 1 Silverstein Silverstein 2 Post, from Mr. Pettinga at the Saturday Evening reference as well. 3 Post. MS. McCABE: I need to ask him about 4 Also I had a problem with the Calhou- that. 5 I didn't look through it beforehand specifically MR. DANNAY: If he doesn't have them, 6 for this reason. I wanted to find this stuff obviously you don't have to introduce them. 7 myself. And I found that some of his citations Obviously what he has in the sense of being 8 were -- when I went back through it, were grossly in his possession or control is whatever his 9 inaccurate. But that was after the fact. I found agent has. la other words, if his agent does 10 all the other stuff myself. have the Simon & Schuster royalty statements MR. DANNAY: This is a good time to but didn't send them on to him, I think I am take a break. entitled to it. Those really belong to him. (Luncheon recess taken at 1:10 p.m.) MS. McCABE: We will produce what we AFTERNOON SESSION can get hold of. If your client will sign a (Time noted: 2:20 p.m.) confidentiality agreement. MS. McCABE: We will provide to MR. DANNAY: On the royalty statement? Mr. Dannay sometime in the future a marked-up MS. McCABE: And the contracts. Which copy or Xerox of Mr. Silverstein's book which I think is standard. indicates to the best of our ability the MR. DANNAY: I don't have a problem physical changes that Mr. Silverstein made to with that. the original copy of Ms. Parker's poems or Just to be clear in our stipulation, I verses. And to the extent that we cannot recognize that there are two broad areas. physically show these changes, we will append One is the layout of the poems which involves appropriate documentation of such changes to space and location and you willdo your best the book or the copy of the book. to show us what you are relying on in that 114 Silverstein 1 Silverstein respect. But as to the punctuation, 2 A. I am thinlring more in terms of capitalization, editing, at least as I am 3 punctuation in the lines which were done in using the terms, all of the changes to the 4 disparate forms through the various items. I letters of the words and the punctuation on 5 think there were some -- other issues regarding the lines, that yonwill certainly be able to 6 indentation. show us on the annotated copy of his book? 7 Basically I had to make some judgments MS. McCABE: I believe so, yes. 8 regarding what I consider to be the most MR. DANNAY: Okay. 9 appropriate standard treatment of these elements With that being agreed, we can do a 10 because these were common elements through each of joint phone call or joint letter to the 11 the "Hate Verses," and I wanted to come up with magistrate to ask her to carve this out as 12 and create a common set of standards for how those well. There may be other things we have to 13 would be treated, so again, as I said before, go back to her on. 14 taking 18 items that had a very substantial MS. McCABE: I think we ought to wait 15 similarity to each other in terms of the fact that until the end of the deposition tomorrow. 16 they were a series of items on a common subject, MR. DANNAY: I had it in mind to do it 17 i.e., hate creeds, and accumulate them in a the beginning of next week. 18 separate and coherent artistic work which is what MS. McCABE: Fie. 19 a compilation is.

MR. DANNAY: And you can present what 20 Most of the other editing changes I ' you want and I can present what I want. 21 made were with regard to punctuation. MS. McCABE: Okay. 22 In many instances Dorothy Parker used MR. DANNAY: I will be able to 23 or I should say employed redundant punctuation, seriously curtail my questioning on the 24 one substandard punctuation mark, either a comma business of editing and punctuation. 25 or a period or an exclamation point or question

115 117 1 Silverstein 1 Silverstein 2 STUART Y. SILVERSTEIN 2 mark, and followed with an em-dash, and in those 3 resumed and testified as follows: 3 instances -- even at the time she was doing it, 4 CONTINUED EXAMINATION 4 that was becoming widely viewed to be an obsolete 5 BY MR. DANNAY: 5 punctuation formula 6 Q. What I would like you to do, 6 And when she collected her books, her 7 Mr. Silverstein, tell me the general areas - 7 works into books, starting in 1926, she dispensed 8 We are not going to do this poem by 8 for the most part with those redundant punctuation 9 poem or verse by verse or item by item because 9 marks. She would either go with the other mark, 10 that is going to be produced later, but I want to 10 the common mark or the em-dash and I had to make 11 know what ill the general areas are in which you 11 certain decisions. 12 are making claims with respect to editing of the 12 I had to make basic judgments about how 13 physical appearance, if you will, of Dorothy 13 1 wanted to treat these redundant punctuation 14 Parker's poems and verses. 14 marks, and I determined ultimately to almost write 15 A. 1.standardized the opening and closing 15 the marks, where a period or comma was a less 16 couplets of the socalled "Hate Verses"by 16 strong mark or an exclamation mark or question 17 changing punctuation format so that they would be 17 mark which showed a particular choice on her part 18 consistent from one to the next. 18 which was a stronger one. Therefore - 19 Q. Can I interrupt for a second 19 Apparently she had done the same thing 20 Would that include, for example, if in 20 herself when she was repunctuatiag, when she was 21 one of the verses there was "I hate boys" - take 21 editing her poems for the collection she was 22 it as an example, I don't know if this one 22 putting out by 1926 and on. 23 specifically applies - if the H in "hate"= 23 So I tended to - I made the decision 24 capitalized, you may have made it lower case; is 24 to tend to replace - in instances where there was 25 that the kind of thing you are talking about? 25 a comma or period and followed by an erndash I 118 1 Silverstein Silverstein 2 decided -- I made a creative decision in most 2 things in a much more logical and coherent and 3 instances I would use the em-dash in those 3 disciplined manner than she was, so I couldn't 4 instances while in situations where she punctuated 4 follow her rules which in essence were not rules. 5 with a question mark or exclamation point followed 5 I donY even know -- 6 by an em-dash that she was trying to assert some 6 This is all speculation on what she was 7 partklar emotion with the punctuation mark, so 7 planning on doing. I had the evidence of what she 8 in those instances I tended to go with the actual 8 had done previously. I really didn't know on any 9 mark and not the em-dash. 9 individual instance what she would have done 10 I was making a creative decision on how 10 because she was erratic. I don't know whether she 11 to handle it. I did each one on a case-bycase 11 would have changed a question mask to an 12 basis. I did set these basic -- I wanted things 12 exclamation point for all I know because the woman 13 to be handled consistently from item to item. 13 was attempting to commit suicide every 15 minutes 14 Q. In these cases that you described 14 at this time. It's impossible to read her mind. 15 regarding the emdash, is it true that your 15 You do the best you can with the 16 lodestar, so to speak, was the way Dorothy Parker 16 evidence that you have at hand and you make . 17 herself did it as she collected her poems and 17 judgments. You have to make your own judgments . 18 verses in collections later? 18 based on varied evidence. 19 MS. McCABE: I am going to object to 19 Q. I was quoting by saying "This is the 20 form. 20 way she did it in almost all instances." If 21 k The problem is Dorothy Parker was 21 that's a fair characterization and remains so, 22 erratic and inconsistent in her personal habits 22 then that's fine. Is that so? 23 and they extended to her editing habits. She was 23 A. I would say to a large extent, yes. 24 not wholly consistent, and I had to deduce this 24 Q. One change incidentally, I want to get 25 from general preferences, but she was all over the 25 back to it, in the hate hymns or the Hymns of

- ---- 119 12 1 1 Silverstein 1 Silverstein 2 board, so to speak, on a lot of these things. 2 Hate, did you not uniformly include in your 3 I did try to follow as best I could 3 punctuation claim or capitalization claim, however 4 what her preferences were, but as her 4 you want to refer to it, where it says, "I hate 5 preferences were never specific because she was 5 bores" or "I hate parties" or "I hate movies," 6 too erratic, I was not able -- it was impossible 6 each of the 10 items, that the word "hate" was 7 to do so with any great degree of utter 7 capitalized in the original publication and you 8 confidence. 8 made it lower case and that's part of your claim?

-- . 7 9 Q. I am now referring to, and you are 9 k I believe .I did do that, yes. I don't 10 welcome to do it, I'm not going to mark it as an 10 know that she 'did that in every single one so I'm 11 exhibit, in your Bates No. 14, the copy of the 11 not sure if she did or didn't. I wasn't doing 12 item in Life magazine, I think you wrote at the 12 that in any of the other works. 13 top in co~ectionwith the em-dash that this is 13 A big part of any compilation, you try 14 the way she did it in almost all instances 14 to standardize elements. You have to make 15 although you said there was no absolute rule. .: 15 decisions on your own for your standards. 16 k Just what I said She was erratic. I 16 MR. DANNAY: I assume that will be 17 am talking about - we are talking about 17 reflected on the volume, whatever we are 18 tendencies here. We are not talking about 18 going to call it, the exhibit we stipulated , 19 speciiic rules or standards. 19 to produce. 20 Q. But that was my only question to you, 20 Q. I am trying to get an idea of some of 21 that you were as best you could determine trying 21 the general categories of changes that you made. 22 to follow the way Dorothy Parker would have made 22 k I understand 23 the decision. 23 Q. Thatwasone. 24 k To an extent, but I have to very 24 Apart from what you described in terms 25 explicitly express the fact that I was doing 25 of these general categories under "Editing" -- 122 12 4 1 Silverstein 1 Silverstein 2 that is, making changes to the physical 2 A. I think I pretty much went through my 3 appearance, not the words but the physical 3 whole gamut. There might be a couple of things 4 appearance of the poems and verses -- are there 4 here and there, but my gamut was pretty 5 any other general categories that you can describe 5 comprehensively described in the interrogatory 6 that will help me, in Gther words, evaluate your 6 responses. 7 exhibit when it's produced? 7 MR. DANNAY: Let me mark Defendant's 8 A. Actually regarding the capitalization, 8 Exhibit 12. It's a letter with a Bates 9 a vast number of them, the first word or several 9 number 181 placed on it by Mr. Kramer, I 10 words were capitalized and I would capitalize the 10 guess. It's a letter from "Stunon your 11 first word in a sentence obviously because that's 11 letterhead to Peter Lampack. 12 standard English practice. But then I would go to 12 THE WITNJSS: It's a fax. 13 lower case. 13 MR. DANNAY: It's a fax but it's a fax 14 I just opened up the binder containing 14 letter. It doesn't seem to have a date. 15 the original Xeroxes of the original publications 15 THE WITNESS: No. It's really 16 of these pieces, these items, and one after the 16 irrelevant what the date was. It was 17 next, in the item titled "Chantyn it starts out 17 sometime in 94 or 95. 18 with "A Wet sheet and a staining sail," and "wet" 18 MR. DANNAY: I'm not really concerned 19 there is upper case. 19 with the date. It has a Bates number of 181. 20 Q. That's analogous to "I hate boys"? 20 (Defendant's Exhibit 12, letter to 21 A. Exactly. 21 Peter Lampack bearing Bates No. 181, marked 22 I am making a quick illustration here. 22 for identification, as of this date.) 23 For the very next item, in'my book titled "Moral 23 Q. This is a letter from you to your 24 Tales for the Young," the first line reads "Maude, 24 agent, Peter Lampack; is that correct? 25 the brightest of the sex." The Maude is all upper 25 A. Yes, it is.

------12 3 12 5 1 Silverstein 1 Silverstein 2 case. I changed all that to upper, lower case. 2 Q. Let me call you attention to the 3 Q. To initial cap, you are saying? 3 second paragraph which reads "In the course of 4 k Yes. Upper, lower case, right. 4 further research, I have learned that nine poems 5 Q. Again, I'm not asking you to catalog 5 contained in Not Much Fun' that were originally 6 each and every one as I would have done but for 6 thought to be unwllected didn underlined "appear 7 our stipulation. I am just trying to get some 7 in Rope and Gun, but were not compiled in Well. 8 examples of the general areas of these physical 8 They are listed hen. (Those marked with an 9 changes that you made, so I know the categories 9 asterisk in.a bracket wen individually 10 even if I don't know all the specifics today. 10 copyrighted by Parker when they originally 11 A. Right. 11 appeared in the magazines.)" 12 The sheet will be a much more 12 Then underneath, from the collection 13 comprehensive list. We can go through each puem 13 "Enough Rope" then are seven items and from 14 as a possibility earlier and try to go character 14 "Sunset Gun" two items. 15 by character through the whole thing. 15 A Yes. 16 I think as a practical matter, though, 16 Q. Can you tell me, if you recall, what 17 there were certain preferences done. Certain 17 was the further research you did that led you to 18 standards had to be imposed for the cbmpilation to 18 these conclusions? 19 be done properly. Yet at the same time it is the 19 k I cao tell you explicitly what it was. 20 work of Dorothy Parker and it would be grossly 20 When I went through trying to find as 21 inappropriate for me to change her work to 21 many poems and verses as I could, et cetera, in 22 sublimate any need I might have. 22 doing research, I was also going through "Not So 23 Q. With my stipulation I am going to leave 23 Deep As A Well" which was her tint compilation of. 24 the punctuation and editing. Is there any other 24 her previous books of -- it was a collection of 25 category? 25 her previous three books of compilation. It was 12 6 128 1 Silverstein 1 Silverstein 2 released in 1936 I believe by Viking. 2 did not tell me any decision that they had made 3 I was going through that book to check 3 but the book was released as it was released. 4 off essentially to disqualify those items that had 4 MR. DANNAY: Let's mark as the next 5 previously been published in the other previous 5 exhibit, 13. 6 three books which was "Enough Rope" in 1926, 6 Q. Defendant's Exhibit 13 bears a title in 7 "Sunset Gun," 1928 and "Death and Taxes" in 193 1. 7 the middle or lower part of the page of "Scribner 8 However, at that point I did not realize but I 8 Author Questionnaire"? 9 learned soon after and the subject of this letter 9 A. Yes. 10 is that Dorothy Parker had in fact taken -- 10 MR. DANNAY: It's dated April 16, 1996. 11 deleted some poems from those original three books 11 It also has a letterhead of Stuart 12 before she recollected those original three books 12 Silverstein. 13 in the compilation "Not So Deep As A Well." 13 It's addressed to Peter Lampack. 14 Since I used "Not So Deep As A Well" as 14 MS. McCABE: It's not Bates stamped. 15 my reference for determining what she had 15 MR. DANNAY: This was a document we 16 previously collected, these items which I had 16 retrieved born one of the computer disks that 17 found in the original form in the newspapers and 17 Steve Kramer turned over to us. 18 magazines had -- I had included with the "Not Much 18 After it's been marked and we are back 19 Fun" drafts but as soon as I went through the 19 on the record, I would like to have you 20 originals of those three first books, "Enough 20 identify it. 21 Rope," "Sunset Gun," "Death and Taxes," I realized 21 (Defendant's Exhibit 13, Scribner 22 that these items which I had originally thought 22 author questionnaire, marked for 23 had not been collected had been collected in those 23 identification, as of this date.) 24 three books. Therefore I immediately deleted them 24 Q. This Defendant's Exhibit 13, let's call 25 from "Not Much Fun." 25 it the Scribner author questionnaire -- Scribner

127 12 9 1 Silverstein 1 Silverstein 2 Q. The item "Daydreams," I think we 2 being an imprint of your publisher, Simon & 3 pointed out at one time, I am sure you are aware 3 Schuster -- is this a correct copy of the author 4 of it, that you had it listed as a "previously 4 questionnaire that you filled out and turned in to 5 uncollected item in Defendant's book." 5 the publisher? 6 They recognized that it was part of the 6 A. I assume so. 7 "Enough Ropen collection, correct? 7 Q. Take a good look at it. I don't want 8 A. Yes. 8 to rush your answer. I want you to be accurate. 9 Q. Was tkze any reason why "Daydreamsn 9 Again, it wasn't Bates-stamped because 10 was not difml&ed by you to have been a 10 it was retrieved from one of those computer disks. 11 previously coll+ed work? 11 Therefore, you may not have seen it at the time 12 A. It just fell through the cracks. It 12 that it was turned over to me in that form. 13 was my mistake. 13 A. I simply do not have any independent 14 Q. It was just an out-and-out mistake? 14 recollection of the specifics. I remember I * '7 15 A. An out-and-out mistake. It fell 15 filled something out. That's the best I can do. 16 through the cracks. 16 Q. Was this Defendant's Exhibit 13, the 17 Q. That was a mistake apparently that 17 author questionnaire, completed by you on or 18 Simon & Schuster didn't want to or didn't in fact 18 around April 16,1996? 19 correct in the version? 19 A. I completed a questionnaire around that 20 A. I explicitly apprised them of it the 20 date, yes. 21 moment I found out about it and they asked me if 21 Q. Does this appear to be that 22 it was in the copyright and I said it was public 22 questionnaire? 23 domain. 23 A. It likely is, yes. 24 Q. And that was that? 24 Q. Let me ask you, was this questionnaire, 25 A. We didn't discuss it any further. They 25 author questionnaire, completed at that time after 130 132 1 Silverstein 1 Silverstein 2 your work on the manuscript was completed? 2 Q. The question was your publisher's 3 A. Yes. 3 question, right, and you provided the answer? 4 Q. Am I correct that the publication date 4 A. Yes. It was a form. 5 of the book, give or take, was about July of 1996? 5 Q. So far as you can recall, was that your 6 A. Yes, July or August. 6 complete answer to item 17 on the author 7 Q. This was just a couple of months 7 questionnaire? 8 before? 8 A. As far as I recall, just like every 9 A. Yes. 9 other answer, it's what I chose to give them. 10 Q. Had you ever prepared any amendment or 10 Q. There is nothing looking at it now that 11 supplement to this? 11 makes you thiak that you submitted anything in 12 A. I don't know. I was getting constant 12 writing to them that supplemented that particular 13 queries over the phone from the publicist people. 13 answer? 14 I have no idea. It was done orally. I have no 14 k I assume so. I have no independent 15 idea what was said or done. 15 recollection. 16 Q. Did you ever submit anything in writing 16 Q. Is there any mention in the material 17 to your publisher that would have changed or 17 you supplied in response to item 17 about the 18 supplemented, amended, et cetera, this author 18 socalled attribution issue to Dorothy Parker, 19 questiomaire? 19 whether in fact some poems were or were not really 20 k I just don't know. 20 written by her? 21 Q. But you don't have any recollection of 21 k No. 22 ever amending it or supplementing it? 22 Q. There is nothing? 23 A. I don't have any specific recollection. 23 k Not so far as I can see, no. 24 I'm just not sure. 24 Q. Is there anything in your answer to 25 Q. How could you make yourself sure about 25 item No. 17 on this Exhibit 13 that refers to the

- - - - 131 13 3 1 Silverstein 1 Silverstein 2 that question? Is there a file that you have or 2 issue of the editing or punctuation or other 3 something that would tell you - you how, author 3 changes to the physical appearance of the words of 4 questionnaire file or something Like that in which 4 the items, poems, verses? 5 you could see whether you had filed anything? 5 k No. 6 k I gave everything. If it was a part of 6 Q. Is there anything in your response to 7 this, I don't have it. 7 item 17 that refers to any of the titles or 8 Q. The disks were r.etumed to you but I 8 subtitles that you may have supplied or changed? 9 can tell you no further amendment or supplement to 9 k No more than it discusses how the 10 this was in the papers we got out of the disk. I 10 pnsses' ink rollers were maintained or anything 11 assume you got the disks back. 11 else. It's not the -- the purpose of it is not 12 k No. 12 to - let me see how I should put this. It is not 13 MS. JASKIEWICZ We have them. 13 to delve into minutia. It's to give as much copy 14 MR DANNAY: Your new attorneys have 14 for promotional purposes as possible. Those 15 them. 15 things you are mentioning are* promotionally 16 Q. Let me just point you to item 17. 16 useless. 17 Item 17 on the questionnaire form 17 Q. My question to you is a lot more 18 reads, "Please attach to this form a 200-word 18 straightforward, though. It's whether there is 19 description of the book stating its essential 19 anything in your response to this item 17 of this 20 theme, scope and the features that make the book 20 Exhibit 13 that refers in any way to any of the 21 outstanding." 21 issues that are embraced in the claims that you 22 And presumably you completed the 22 have advanced in this Litigation. 23 balance. Am I correct? 23 MS. McCABE: I think he is trying to 24 A. Yes. I completed the balance in the 24 explain why they are not in there. 25 questionnaire. I assume it's this one. 25 MR DANNAY: I didn't ask him that. 134 136 1 Silverstein 1 Silverstein 2 A. There is no mention of any -- there is 2 Northwestern University -- Northwestern University 3 nothing in this answer of anything other than 3 library. Los Angeles public library. Arlington 4 promotional interest and that was the purpose for 4 Heights public Library -- Arlington Heights, 5 which it was posed and the purpose it was 5 Ilh~oispublic library. Highland Park, Illinois 6 answered. 6 publiclibrary. 7 6 So when the question says, "State its 7 There might be one or two others. 8 essential theme, scope and the features that make 8 Those are the ones I remember. 9 the book outstanding," you didn't interpret that 9 MR. DANNAY: Let's mark as the next 10 to include any of the things we discussed here 10 exhibit 14. So you can have the benefit of 11 today? 11 looking at it, it's labeled "Plaintiff's 12 A. I interpreted it to be things they 12 Supplemental Response to Defendant's 13 would want to put into promotional literature to 13 Interrogatories." It's dated September 4, 14 sell the book, and issues of attribution or where 14 2001, signed by your attorneys. It appears 15 I put a semicolon or comma are not issues to help 15 to be a Supplemental Response to Defendant's 16 sell the book. 16 interrogatory l(c). 17 Q. Look at your response to item 18 of 17 MS. McCABE: I want to add that 18 this Exhibit 13. If you would just read it over. 18 Mr. Silverstein signed this as well. There 19 A. 18? 19 is a third page to this. 20 Q. 19,Iamsotry. 20 MR. DANNAY: I am sorry. I seem to 21 (Witness read document.) 21 have omitted that. 22 A. Yes. 22 MS. McCABE: I want to make it clear 23 Q. About three or four lines up from the 23 for the record that Mr. Silverstein signed a 24 end of your response it begins "Finally, the 24 veriiication. 25 collection was as complete as I could make ifn 25 THE WlTNES: And it was notarized and

135 13 7 1 Silverstein 1 Silverstein 2 and it goes on. 2 certified. 3 A. There was always the haunting 3 (Defendant's Exhibit 14, "Plaintiff's 4 possibility that I missed some source somewhere. 4 Supplemental Response to Defendant's 5 I was always quibbling about that because you 5 Interrogatories" dated September 4,2001, 6 never know what you don't how. 6 marked for identification, as of this date.) 7 Q. But so far as you knew at the time you 7 Q. The Supplemental Response was verified 8 completed this form, the collection that you had 8 to be true by you under oath? 9 prepared was % complete as you could make it? 9 A Yes, it was. As it is. 10 A. As determined by me as being 10 Q. I am going to read the Supplemental 11 appropriate for the compilation, yes. 11 Response and I am going to have a question for 12 Q. Look at your response to item 28. I 12 you. 13 really have in mind the references to the two 13 Your Supplemental Response, just that 14 libraries which appear at the end of your 14 portion of it, reads: "Despite the fact that the 15 response, the UCLA Library and the UC Berkeley 15 eighteen so-called 'Hate Verses' are free verses, 16 library. . . 16 not poems, Plaintiff exercised his informed, 17 A. Yes. 17 creative, and subjective judgment in selecting 18 Q. Have you had a chance to look at that? 18 them to be included in his book Not Much Fun' 19 A. Yes. 19 although it was explicitly subtitled "The Lost 20 Q. Are those the two libraries where you 20 Poems of Dorothy Parkern (emphasis added). 21 did all of your research? 21 Plaintiff decided to include the eighteen "Hate 22 A. No. 22 Verses" in the text of Not Much Fun' due to their 23 Q. Where else did you do research? 23 historical siflcance and to the substantial 24 A. Santa Monica public library, I did some 24 attention that they have received in Garious books 25 research at the Long Beach public library, some at 25 about Parker, the Algonquin Round Table, and the 13 8 140 1 Silverstein 1 Silverstein 2 literary twenties.' Plaintiff was aware that the 2 A. No. 3 juxtaposition of the poems in 'Not Much Fun' with 3 Q. "No" what?- 4 these eighteen free verses had the practical 4 A. No, sir. 5 application of creating a unique selection that 5 Q. What is the answer to the question? 6 purposely mixed 'apples and oranges,' so to 6 A. I answered the question. 7 speak." 7 Q. Do you agree with me or not? 8 I read that correctly? 8 A. I said no, I did not think it was 9 A. It was neatly typed. 9 worthy of putting it in. There was nothing of 10 Q. Wouldn't you agree that that 10 sufficient promotional value. 11 Supplemental Response which you verified under 11 h4R. DANNAY: Thank you. You answered 12 oath as being true attaches considerable 12 my question. 13 importance to the combination of the free verses, 13 Let's mark Defendant's Exhibit 15 and 14 as you call them, with the rest of the Dorothy 14 Defendant's Exhibit 16. 15 Parker uncollected poems? 15 Exhibit 15 is what appears to be a 16 A. There was an inherent tension between 16 March 7,1995, fax letter born Stuart 17 putting items that were not poems into a book that 17 Silverstein to Joy Weiner of the Legal 18 was explicitly supposed to be a collection of 18 Department at the New Yorker and Defendant's 19 poems, yet I wanted to put them in anyway. 19 Exhibit 16 appears to be a two-page letter 20 Yet at the same time 1 did not think it 20 from Stuart Silverstein dated December 5, 21 would be very consistent to put in some free 21 1994, fax letter to Ned Himmelrich. 22 verses and not others. Therefore, I made a 22 (Defendant's Exhibit 15, fax letter to 23 distinct decision not to distinguish between poems 23 Joy Weiner dated March 7,1995, marked for 24 and free verses in the "Hate Verses" part of the 24 identification, as of this date.) 25 book because I wasn't going to label something 25 (Defendant's Exhibit 16, two-page fax

139 141 1 Silverstein 1 Silverstein 2 something that it was not, yet I wasn't going to 2 letter to Ned Himrnelrich dated December 5, 3 draw distinctions between putting in some free 3 1994, marked for identification, as of this 4 verses and not others. 4 date.) 5 Q. But you swore that this is a unique 5 MR. DANNAY: Neither of these exhibits 6 selection; is that correct? 6 bears a Bates number for the same reason that 7 A. Yes. 7 I have indicated before. They were from the 8 Q. Just going back for a moment to your 8 computer disks that Steve Kramer lent to us. 9 Defendant's Exhibit 13, the questionnaire, do you 9 Q. Mr. Silverstein, could you please look 10 have that in front of you? 10 at Exhibits 15 and 16 and just confirm for me if 11 A. Yes. 11 it's true that they are in fact copies of letters 12 Q. Item 17 refers to essential theme, 12 that you sent to the people indicated on them. 13 scope and the features that make the book 13 A. They appear to be. Looking at 14 outstanding? 14 Exhibit 15,I recall vaguely contacting the 15 A. Yes. 15 New Yorker. 16 Q. There is nothing in your response to 16 Q. I am sorry. I did make one mistake in 17 item 17 that refers in any way to the subject 17 mentioning Defendant's Exhibit 16. It consists of 18 matter of what is this Supplemental Response to 18 two letters: One is December 5,1994, to Ned 19 the interrogatory; is that correct? 19 Hirnmelrich and the other is March 30,1995, from 20 A. No, there is not. 20 you faxed to Ned Himmelrich. The way it printed 21 Q. You didn't think that the subject of 21 out from the computer combined two letters on 22 the Supplemental Response was significant enough 22 three pages. I misspoke before by just citing the 23 to mention in your response to item 17? 23 earlier date. 24 MS. McCABE: I am going to object. 24 Are they all letters that you sent to 25 Q. You can answer. 25 the people indicated on these exhibits? 14 2 1 Silverstein Silverstein 2 A. I have no specific recollection of THE WITNESS: Oxford English 3 sending them. 1 know I sent letters much Like Dictionary. 4 them. You can go on from there. There really are no coherent 5 Q. Defendant's Exhibit 16 consists of two defmitions that are available. There is no 6 lene? and I am leaving it as a joint exhibit. standard by which you can judge whether an 7 The March 7, 1995, letter from you to item is a poem or a free verse or something 8 the New Yorker, am I correct you inform her that else. 9 you are preparing a book tentatively titled "Not I would compare it to Justice William 10 Much Fun: The Lost Poems of Dorothy Parker," a Breman's definition of pornography: "I 11 compilation of previously uncollected poems by can't define it but I know it when I see it." 12 Mrs. Parker? Correct? And the reason that my earlier flailing 13 A. Yes, it does say that. attempt to even try to give any sort of 14 Q. Then it goes on to say, "I have found defmition for them was so spectacularly 15 two verses thatshe included in book reviews in inept is because I genuinely cannot do so. 16 the New Yorker as follows," and one verse is the Q. But a verse is a poetic form, is it ' 17 so-called Christopher Morley verse and the other 17 not? 18 verse is the so-called Theodore Dreiser verse; is 18 A. I don't know. If you ask a professor 19 that correct? 19 of English literature maybe he can give you a 20 A. Yes. 20 treatise on the subject. I am afraid I can't. 21 Q. And you refer to both of those items as 21 Q. Isn't it true the only surefire 22 verses, am I correct? 22 definition of verse is a one line of poetry? 23 A. Yes, I do. 23 A. I will give you the best definition you 24 Q. In the Defendant's Exhibit 16, take a 24 are going to get here: A poem or verse, in the 25 look at the third page of this exhibit. 25 situation we are facing right here, is whatever I

143 145 1 Silverstein 1 Silverstein 2 In the letter that's dated March 30, 2 damn well decide it is. 3 1995, tiom you to Mr. Himmelrich, looking at the 3 Q. You would agree, would you not -- and I 4 final page, under the number 1, A and B, again you 4 am inferring this from your previous tes&nony -- 5 refer to the Christopher Morley item and the 5 that the distinctions between a poem on the one 6 Theodore Dreiser item, do you not? 6 hand and a verse on the other are more imaginary 7 k Yes. 7 than real? 8 Q. And in each case you refer to those 8 MS. McCABE: I am going to object to 9 items as poems; is that correct? 9 the form. 10 A. Yes, I do. 10 Q. Youcanstill answer. 11 Q. What the difference between a verse 11 k I think there are probably some real 12 and a poem? 12 distinctions. I am just neither fluent nor 13 k It's my understanding a verse can be a 13 educated enough to be able to provide them for 14 poem but a poem cant be a free verse. A verse 14 you. 15 can be a free verse or a verse. A poem is 15 Q. Let me ask you to turn to page 35 of 16 something with a specific artistic message or 16 your book "Not Much Fun." Let me read to you what 17 feeling to it. A verse is something that is also 17 you wrote there. It's in the first full paragraph 18 non-specifically prose yet expresses some sort of 18 about five lines down and it reads, "The hethat 19 artistic whole. 19 divides light verse and serious 'authentic' poetry 20 Beyond that I cant really go any 20 is an obscure one, and the distinction often 21 further. It's like trying to define light to a 21 hinges more on the pomposity of the judge than on 22 blind man. You try to do it, you cant do it. 22 the merits of the work." 23 That's why the OED goes on for page after page 23 You wrote that, right? 24 with these definitions, because they are -- 24 A. It just sings, doesn't it? 25 MS. McCABE: OED is? 25 Q. You wrote that, didn't you? 146 148 1 Silverstein 1 Silverstein 2 A. Yes, I did. 2 Q. She used the terms interchangeably? 3 Q. You still endorse that statement, I 3 A. I don't know if she used "poetry." I 4 takeit? 4 don't remember. 5 A. That line was crafted more to set up 5 Q. Did she use the words "poetry" and 6 the succeeding IineTwhich I spent a great deal of 6 "verse" interchangeably? 7 trouble on, than to provide any profound 7 A. I don't know what her exact language 8 edification for the student of the structured 8 was. It's been years since I looked at her stuff. 9 English form. 9 Q. It's not uncommon to use them 10 Q. Let's now turn to the next page, page 10 interchangeably? 11 36 of the introduction of your book. 11 A. It's not uncommon to use "ain't." 12 A. Yes. 12 Q. Is the answer to my question it's not 13 Q. I am referring now to the iirst full 13 uncommon? 14 sentence of the first full paragraph on this page. 14 A. I would be speculating. I try to avoid 15 I will read it or some of it. 15 people using the word "poetry" too much. 16 "During the following years, shen -- 16 Q. What is your dehition of free verse? 17 referring to Dorothy Parker -- "released two more 17 A. You have to go back to the Brennan 18 collections of her verses, 'Sunset Gun' in 1928 18 definition. Something that's not a poem, 19 and Death and Taxes' in 1931, which sold 19 something that's not standard prose. Something 20 succeedingly fewer copies." 20 else. It's a free verse. 21 I read that correctly, right? 21 Q. It's a poetic form, is it not? 22 A. It brought tears to my eyes. 22 A. I don't know technically whether it's 23 Q. You refer to both of her collections as 23 considered poetic form or not. 24 wllections of her verses? 24 Q. What do you think? 25 A. She refers to them that way. 25 A. I don't how.

147 149 1 Silverstein 1 Silverstein 2 Q. That was going to be my next question, 2 Q. You think it's something completely 3 thank you. But you did in your book refer to the 3 different from poetry? 4 two collections as collections of her verses; is 4 A. I don't know. 5 that correct? 5 Q. You don't know. Okay. I wiU accept 6 A. I adopted her language. Sure. 6 that answer. 7 Q. Would it be fair to say that "Sunset 7 A Too many people have written too much 8 Gun" and "Death and Taxes" contain what most 8 stuff about that that I have not read. I have 9 people would say are both ploems and verses? 9 been in the world long enough to know what I don't 10 k I can't speculate what most people 10 know. I'm not going to venture a guess. 11 would say. 11 Q. Is your answer done? 12 Q. How about you? 12 A. Done. 13 A. Well, sure, because most people, 13 Q. Yesterday, Mr. Silverstein, you sat 14 including me, who do not have Ph.D.ls in English 14 through the deposition of Jane Von Mehpn? 15 literature do not much distinguish between poem 15 A. Yes. 16 and verse. 16 Q. You sat through the entire deposition? 17 Of course free verse is a completely 17 A. Yes. 18 different issue which is what the "Hate Versesn 18 MR. DANNAY: Off the record. 19 are. So, yes. They are generally used 19 (Discussion off the record.) 20 interchangeably. 20 Q. She described during her testimony her 21 Q. As you said, Dorothy Parker frequently 21 communications, written and oral, with you? 22 referred to her own poetry as verses. 22 A Yes, she did 23 A. Yes, she did. 23 Q. Did she say anything that you would - 24 Q. Tell me in your -- 24 disagree with in terms of characterizing the 25 A. Her own verses of poetry. 25 communications? 150 152 1 Silverstein 1 Silverstein 2 MS. McCABE: I am going to object. I 2 object. 3 don't know that he is going to remember 3 A. I don't recall specifically what she 4 exactly what she said yesterday but go ahead. 4 said in such specificity where I can venture an 5 A. Yes. 5 authoritative response to that. 6 Q, Can you tell me in what ways she did 6 Q. I'm not asking you for those kinds of 7 not accurately describe those communications? 7 specifics. I am just asking you whether you 8 A. First of all, we met in person -- the 8 recall anything she said that struck you as 9 first time we laid eyes on each other or had any 9 inaccurate. 10 communication was in person at the American 10 A. Yes. What I said before. I do recall 11 Booksellers Association convention. I originally 11 she explicitly said that they accepted the book 12 believed it was in Chicago but it might have been 12 based on the manuscript and there was an issue of 13 in Los Angeles that year. That would have been 13 the terms and conditions that would result. 14 Memorial Day weekend, 1994. 14 Q. Anything else you want to add? 15 I approached her at what was then the 15 MS. McCABE: Objection. Note my 16 VikingIPenguin booth. There were a few people 16 continuing objection. ' 17 there. For some reason I decided to approach her. 17 A. I really cannot comment about anything 18 I told her that I had -- was doing some research 18 that happened outside of my own personal view, 19 and found some stuff of Dorothy Parker's that 19 which means anything I did not see or hear. As I 20 apparently had not been published in 70,80 years. 20 said, that was the end of our -- 21 She was immediately interested. She 21 Q. I was only asking you about your 22 wanted samples. I brought her samples the next 22 communications with her and hers with you. 23 day. I can't tell you which ones they were. I 23 A. If you are getting to some particular 24 printed some out. 24 point, I can tell you if I agree or disagree. I 25 And she was interested and asked me to 25 simply don't know if there was anything in

- 15 1 153 1 Silverstein 1 Silverstein 2 send her the manuscript, which I did I think I 2 particular that she said or didn't say -- 3 gave her the rest of the week. She came -- I 3 Q. None of us has the transcript and I am 4 think the convention ends on a Monday or Tuesday. 4 asking you for your general recollections. 5 I gave her the rest of the week. I think I 5 A. My basic -- my basic disagreement was 6 probably called her that succeeding Friday, and we 6 about the circumstances of our meeting and the 7 made arrangements for me to send her the 7 chronology thereafter.

<.- 8 manuscript which was introduced yesterday. 8 By the way, I am sure that once you 9 We had I think one more conversation 9 apprise her of what I said, she will immediately 10 directly and she essentially said -- I do not 10 remember it. Not that it matters either way, not 11 recall the language any more than she does, 11 that you care. 12 because it was a long time ago and it was a 12 MR. DANNAY.. We are now getting into 13 telephone call. And she essentially said that 13 speculation as opposed to your recollection 14 they were going to put in a bid for the book, but 14 of any disagreement you had with her 15 that the conditions, the terms and conditions 15 testimony. 16 would have to be worked out. 16 Q. Moving on, have you had any discussions 17 Around that time I was introduced to 17 at any time with the people at Simon & Schuster 18 Mr. Lampack through a third party and I called him 18 about this lawsuit? 19 up. I still had not met him. And he took over 19 A. I told them it was going on. 20 the negotiations. And that was the end of my 20 Q. When was that and what did you tell 21 direct contact with Jane Von Mehren. 21 them? 22 Q. Is there anything else that you can 22 A. Before we Ned it, according to the 23 recall that she testified to that you disagree 23 contract with Simon & Schuster, they have the 24 with? 24 right to -- they had the right to preempt to file 25 MS. McCABE: Again, I am going to 25 the suit before I did and they also had a right to 154 15 6 1 Silverstein 1 Silverstein 2 participate in any recovery, and they agreed to 2 Q. Did you ask her to examine the nature 3 waive both of those. 3 of the claim? 4 Q. Under your publishin8 contract with 4 A. I told her feel free, gave her the 5 Simon & Schuster for "Not Much Fun," it was Simon 5 information. I gave her -- I told her the 6 & Schuster, the pubfisher, that hadthe right to 6 information, the publication information, and I 7 bring a lawsuit for any alleged hfiingement of 7 left it to her to do it herself. 8 the book? 8 Q. I want to make sure I understand your 9 A. Yes. 9 testimony. You approached Emily Remes -- 10 Q. Did you discuss the nature of the 10 In person? 11 proposed litigation with them? 11 A. By phone. 12 A I gave the lawyer there the fax. 12 Q. You said to her, I assume you are on a 13 Q. Which lawyer? 13 first name basis, "Emily, I believe there is an 14 k Emily Remes. 14 infringement, that Penguin Putnam infringed the 15 Q. Did you describe to her the nature of 15 copyright of my book"? 16 your claims as you ultimately made them in this 16 MS. McCABE: I object to the 17 lawsuit? 17 characterization. That's not what he said 18 MS. McCABE: I am going to object. 18 exactly. 19 MR. DANNAY: You are not objecting on 19 Q. Is that in substance what you said to 20 some privilege ground? 20 her? 21 MS. McCABE: No. 21 A. Can you read back the question, please. 22 MR. DANNAY: It is an objection as to 22 (Question read.) 23 form is what you are saying? 23 A. First the correction. We are not on a 24 MS. McCABE: Yes. 24 first name basis. We might have gotten there but 25 A. I basically said my opinion was it was 25 we had never spoken before then.

155 157 1 Silverstein 1 Silverstein 2 a copyright infringement and she investigated 2 Second, I did not go into any detail 3 herself. 3 with her except to say that they had photocopied 4 Q. When you said to her you thought there 4 or somehow photocopied electronically the book in 5 was a copyright infringement, did you describe for 5 some way. 6 her what the nature of that infringement was in 6 Q. Did she make any response to this? 7 your view? 7 MS. McCABE: Asked and answered 8 A. Yes. I told her that Penguin had 8 You can answer it again. 9 copied "Not Much Fun." 9 MR. DANNAY: It's been asked. I'm not 10 Q. Did you describe the nature of the 10 sure it's been answered. 11 copying that amounted to an infringement? . 11 A I don't recall the specific response. 12 A. I said that Penguin had copied "Not 12 It was some - 13 Much Fun." That w& very precise. 13 MS. McCABE: Wait. He specifically 14 Q. Did she respond and say something like 14 said "This is crazy, no one in this industry 15 "What is the nature of the copying that you ate 15 does that sort of thing," or words to that 16 complaining about?" to give her some guidance in 16 effed. 17 evaluating it? 17 THE WITNESS: That was the initial 18 A. I told her that Penguin had copied "Not 18 response. 19 Much Fun." 19 Q. Did she reject your claim out of hand; 20 Q. That's all you said to her? 20 is that what you are telling me? 21 A. That's all there was. Penguin copied 21 A. She didn't reject my claim at all. 22 "Not Much Fun." 22 Q. What didshe do? 23 Q. What was her response to you? 23 A. She referred it to outside counsel. 24 A. She said that's crazy, no one in this 24 Q. Didshe say who? 25 business does that. 25 k She might have. I don't remember who 160 1 Silverstein 2 itwas. 2 anything more to happen. 3 Q. Would you have a written record 3 Q. Did you want them to join in the suit 4 anywhere? 4 or take the lead in the suit? 5 A. No. This was done by phone. 5 A. No. 6 Q.- You may have made some notes as to who 6 Q. Did you have a reason for that? 7 her outside counsel was? 7 A. Yes. 8 A. I simply don't remember. 8 Q. Which was? 9 Q. Do you think you made any notes as to 9 A. I wanted to do it myself. 10 who the outside counsel was? 10 Q. What would the terms have been under 11 A. I have no notes. I wasn't taking 11 your contract had Simon & Schuster agreed to take 12 pencil notes with her. 12 the lead in the lawsuit in terms of paying the 13 Q. Did she say to you in this initial 13 expenses of the lawsuit? 14 conversation that she was going to refer it to 14 A. I believe they would have paid all the 15 outside counsel for their opinion? 15 expense of the lawsuit. 16 A. Yes. 16 Q. They would have paid all the expenses. 17 Q. Did she say she would report back to 17 of the lawsuit?

' 18 you what they said? 18 A. I seem to recall that. 19 A. No. She said she would report back to 19 Q. That was not an attractive thought to 20 me what they planned on doing about it. 20 you, that somebody else would pay for the lawsuit? 21 Basically the reason I called, I wanted 21 A. I didn't want them to do the lawsuit, 22 them to -- I wanted to inform them of it and I 22 so I was willing to take the full -- 23 wanted them to waive their rights. 23 Q. Why didn't you want them to do the full 24 Q. Did she report back to you ultimately? 24 suit? 25 k Yes, she did. 25 k Because I wanted to file the lawsuit.

159 16 1 1 Silverstein 1 Silverstein 2 Q. What did she say to you? 2 Because for them it was just one book of many. 3 A. She said, "We decided not to pursue it 3 For me it was something much more important. 4 so we will waive the rights." 4 Q. Did you want any help or assistance 5 Q. Did she give you any reasons why they 5 from them in pursuing the claim and then the 6 decided not to pursue it? 6 lawsuit? 7 k She said that the outside counsel -- 7 k No. 8 I cannot recall his name. 8 Q. Did they offer to provide any help or 9 Q. It was a man? 9 assistance to you? 10 A. Yes, I hink it was a man. I'm not 10 A. No. ithink they were desperately 11 sure. I think it was a man. I am trying to think 11 interested in not being involved in the lawsuit. 12-howI should piit it. 12 ' I believe that there was just a 13 MR. DANNAY: Take your time. 13 multi-billion dollar deal previously between 14 A They did not think it was worth 14 Penguin and Simon & Schuster or the corporate 15 pursuing. 15 parent, and I could understand they might have 16 Q. That's the substance of what she said 16 alternative considerations in mind beyond those 17 or were those the words? 17 that I had 18 A. Or I asked her what was worth pursuing. 18 Q. Did you have any discussions with Emily 19 I seem to recall I asked what was worth pursuing, 19 Remes or anyone else at Simon & Schuster regarding 20 and she -- I really didn't quite get a clear 20 the claim or lawsuit or impending lawsuit 21 answer, I don't think. Because they didn't think 21 involving "Not Much Fun"? 22 it was legally sound or because they did not want 22 k I told them that just basically when 23 to get involved in it. 23 the Complaint was filed and when interrogatories 24 Q. Did you ask? 24 were filed. That's it. I explicitly told them I 25 A. No. I was thrilled. I didn't want 25 was not going to discuss the lawsuit with them. 162 164 1 Silverstein 1 Silverstein 2 Q. Was that it? Any other discussions, 2 A. I discussed it with Monica. 3 any other correspondence or communications between 3 Q. You discussed it with her last night 4 you and Simon & Schuster concerning this? 4 presumably before she faxed it to me at 8:30? 5 A. I am constantly in communications with 5 MS. McCABE: I will stipulate that we 6 Simon & Schuster b6iScribner is my publisher, 6 talked before 8:30. 7 but they really do not want to hear anything about 7 MR. DANNAY: I'm not asking for the 8 the case except for generally where it is. 8 substance of the discussion. 9 Q. Do you report to them regularly what 9 MS. McCABE: Yes, we had conversation 10 the status of the case is, where it is as you put 10 before this was sent. We had more than one 11 it? 11 conversation. 12 A. That's all I do. I tell them where it 12 Q. Is this a fair statement of your 13 is. 13 calculation of damages? 14 Q. How do you report to them the status? 14 A. I have not calculated damages. I'm not 15 A. By phone generally. 15 the lawyer here. I'm not used to being a lawyer. - 16 Q. Who do you speak to? 16 Calculating the damages and the bases are legal 17 A. To Gillian Blake. 17 conclusions. ~'m'notqualified nor am I 18 Q. What has she said to you in response to 18 interested in discussing this. 19 any of your reports about the lawsuit? 19 MR. DANNAY: Unfortunately we have to 20 A. She doesn't say anything. They really 20 discuss it now. 21 do not want to be iavolved at all. I don't think 21 THE WITNESS: Not if you are asking -- 22 they are really thrilled about your subpoena 22 Q. Do you know anything about the matter 23 either. They really don't want to be iavolved in 23 of statutory damages under the copyright act? 24 it. 24 A. Yes. 25 Q. Let's move on to a different area 25 Q. Can you describe to me what your

163 165 1 Silverstein 1 Silverstein 2 I received from your lawyer, Monica 2 understanding is as to your entitlement to 3 McCabe, at 8:30 last night a letter dated 3 statutory damages if one is qualified for it? 4 October 24,2001, addressed to me concerning 4 MS. McCABE: You are asking him to draw 5 Plainti£f's calculation of damages. 5 a legal conclusion based on a section of the 6 Is that a letter that she showed you 6 copyright act that he does not need to do. 7 before sending to me? 7 If he can answer it, he can answer it. 8 A. I don't know what she sent to you. 8 A It is my understanding that the purpose 9 MR. DANNAY: It's not proper to be 9 of the statutory damages is to keep pirates from 10 discussing with the witness on the record 10 unduly profiting from their crime if the amounts 11 MS. McCABE: It has nothing to do with 11 involved are not substantial enough to merit 12 this. 12 litigation otherwise. 13 MR. DANNAY: Let's mark the next 13 Q. Do you know anything about the 14 exhibit, and unfortunately I don't have 14 calculation of the amounts under the statutory 15 multiple copies. 15 damages provision? 16 (Defendant's Exhibit 17, letter dated 16 MS. McCABE: Again, note my continuing 17 October 24,2001, marked for identification, 17 objection to this line of questioning. 18 as of this date.) 18 A I don't have specific knowledge of

19 Q. Defendant's Exhibit 17, here is the , 19 that, no. 20 letter I was just describing. Have you seen a 20 Q. Have you ever actually read the 21 copy of this before today? 21 provision of the copyright law that relates to 22 A. I have seen a copy of this before now. 22 statutory damages? 23 Q. When did you first see it? 23 A No. 24 A. This morning. 24 Let me amend it. I might have read it 25 Q. Did you have any input into this? 25 20 years ago when I was doing more of that sort of 166 i 68 1 Silverstein 1 Silverstein 2 thing for journalism for school. I have not read 2 check yet. I don't know what it's for. 3 it since then. I don't recall anything about it. 3 Q. For French translation? 4 Q. Sitting here today, and I recognize we 4 k Yes. They only want the hate poems -- 5 don't have the statements in front of us and you 5 verses, excuse me. 6 are going to provide them, but can you give us 6 Funny, isn't it? 7 someestimate of the total sales of your book "Not 7 I don't know what I am going to be 8 Much Fun" in hard cover? 8 getting from them. 9 A. Number of copies sold? 9 Q. , Has it been published in any other book 10 Q. Yes. 10 edition anywhere else in the world? 11 A. I don't have specific numbers. 11 k You have to understand that US. and 12 Somewhere between 10,000 and 15,000. I would say. 12 U.K rights encompass the vast majority of the 13 Q. 10,000 and 15,000 since its publication 13 world. 14 in 1996? 14 Q. How much over the advance has been 15 A. In three printings, yes. 15 earned back on the book, if you know? 16 Q. Do y& have any information as to what 16 A. No idea. I just don't know. 17 your total royalties have been? 17 Q. What are the exclusive rights that 18 A. No, I ;edy don't. I get checks in 18 Simon & Schuster has under the agreement? 19 the mail. I deposit them every six months. The 19 MS. McCABE: I am going to object. 20 amounts involved aren't - are not Grisham-like. 20 Answer. 21 Q. That I took for granted, but I am 21 MR. DANNAY: I don't have the agreement 22 asking you whether you have any -- 22 here. It's a Little difficult for me to work 23 A. It would be a bare-ass guess and that 23 with anything other than bis testimony. 24 won't help you. 24 A. It's a standard contract. Although 25 Q. It will help you. 25 Peter Lampack negotiated a very good contract. We

167 169 1 Silverstein 1 Silverstein 2 A. Some of them are in the thousands, some 2 reserved paperback rights, we reserved foreign 3 are in the hundreds. 3 rights. I'm not sure. I'm really not sure if we 4 Q. Did you get an advance for this book, 4 reserved paperback, We reserved foreign rights 5 an advance against royalties? 5 and electronic rights, which I guess were -- those 6 A. Yes, I did. 6 were in infancy in '95 and '94. 7 Q. How much was the advance? 7 Q. Did you reserve non-book rights? 8 A. 12,500. 8 A. I don't remember. 9 Q. Has that advance been earned back? 9 Q. You seemed uncertain before when you 10 A. Yes. Years ago. 10 were talking about the rights to do a paperback 11 Q. Roughly when was the advance earned 11 edition. I thought I understood you to say 12 back? 12 initially that you had reserved paperback 13 A. I can't tell you for sure. 13 publication rights and then you seemed uncertain. 14 Q. Two years, three years? 14 Can you tell me whether you can clarify 15 A. I would say two or three years. 15 that? 16 Q. Has thefe been socalled subsidiary 16 A. I said it before, in retrospect I'm 17 rights income? 17 really not certain what we did and I don't want to 18 k No. 18 give you inaccurate testimony. 19 Q. Apart from the sale of the hard cover 19 I do recall we reserved electronic 20 edition, has there been a sale of any other rights 20 rights. I do not specifically recall -- I do 21 in the book? 21 specifically recall that we reserved foreign 22 A. Foreign sales. Foreign rights. 22 rights. I do not explicitly recall whether or not 23 Q. Where? 23 we reserved paperback rights. 24 A. Duckworth, U.K. And some French 24 Q. Let me pursue this a little bit. I 25 publisher bought the rights. I have not gotten a 25 recognize neither of us has the agreement here but 170 172 1 Silverstein 1 Silverstein 2 we had asked for it. 2 DI MS. McCABE: Yes. 3 If in fact you had granted paperback 3 MR. DANNAY: I don't think you have a 4 rights to Simon & Schuster in the original 4 right to do that. 5 agreement or in a later agreement, did you reserve 5 MS. McCABE: Then call the magistrate 6 any right to control that publication, right of 6 or if you want to reserve it, reserve it. 7 approval over what they did with the paperback 7 MR DANNAY: I will reserve it. 8 edition? 8 THE WITNESS: If we are at a natural 9 A. Yes. 9 break, I would like to take a break. 10 Q. What was that? 10 MR. DANNAY: Sure. 11 A. A stipulation in the contract where 11 (R-.) 12 they cannot -- that my name has to be I think 12 Q. Mr. Silverstein, referring to 13 two-thirds the size of the title or some larger 13 Defendant's Exhibit 3, your December 5,1994, 14 portion of the title both on cover and spine, so 14 letter to Steve Pettinga of the Saturday Evening 15 therefore they could not -- 15 Post Society, take a look at page 2, if you would, 16 That was put in there so that they 16 the second paragraph. 17 really would be limited in their ability to 17 A. Yes. 18 dispose of the rights otherwise. 18 Q. The first sentence of the second 19 Q. Anything else? 19 paragraph says, "As to the size of the print run, 20 A. There very well might be. I can't 20 my Literary agent, Peter Lampack, has informed me 21 specifically recall anything. 21 that there is no accurate way to determine this 22 Q. Going back again to the letter which we 22 figure at this time in the publishing process," 23 marked as Defendant's Exhibit 17, the calculation 23 correct? I read that correctly? 24 of damages letter. 24 A Yes. 25 A. Yes. 25 Q. Did you ever find out or know what the

171 173 1 Silverstein 1 Silverstein 2 Q. There is a reference under "IIw 2 print nm was on this book? 3 relating to trademark damages and it says, 3 Let's start with the initial print run. 4 "Plaintiffs lost profits."Do you have any idea 4 A. I think it was around 7,000 maybe. 5 what your lost profits are? 5 Q. About 7,000 copies? 6 A No. 6 A. About 7,000. 6500 or 7,000. 7 Q. Do you have any idea what your actual 7 Q. I am assuming that that information 8 damages are, another term used in the letter? 8 would be on the royalty statement from Simon & 9 A. No. 9 Schuster. Would you know? 10 MS. McCABE: I am going to object to 10 A I don't know. I never got past the 1 1 this line of questioning. 11 first page. 12 RL Q. What are your attorneys' fees? 12 Q. You said there were a couple of MS. McCABE: Objection. I don't think 13 additional printings. How many additional you are entitled to know that at thip point. 14 printings? MR. DANNAY: It's in the letter as 15 A. They went out with a thitd printing damages. I am entitled to some ballp-ark 16 before the paperback came out. figure. 17 Q. How many copies were in the second MS. McCABE: If we were to prevail, 18 printing, if you know? then we would file a motion requesting 19 A. I don't remember. attorneys' fees and you would get - 20 Q. Roughly? MR. DANNAY: I think we are entitled to 21 A I don't remember. I think it's over do it. I am perfectly willing to keep it as 22 10,000 now cumulative. I'm not sure how many a confidential matter if that's your concern 23 more. but I am entitled to have some sense of it. 24 Q. About 10,000? Are you instructing him not to answer? 25 A No. I said it's over 10,000. It's 174 -ro7 -r 1 Silverstein 1 Silverstein 2 over 10,000 -- more than 10,000 cumulatively, but 2 as of this date.) 3 I don't know what it is. 3 MR. DANNAY: It's marked Bates stamp 12 4 MS. McCABE: Are you referring now just 4 and 13 provided by your lawyers. It appears 5 to the U.S: printings? 5 to be a letter from you dated October 9, 6 THE mS:I am talking about the 6 1995, to Tysie Whitman at Scribner's. 7 ~cridnerhard cover edition. 7 Q. This is a correct copy, I assume, of 8 Q. I am assuming you have no information 8 your letter to Tysie Whitman of this date. 9 at all about the printing of the paperback edition 9 A. My same reservations as before. I have 10 or am I incorrect on that? 10 no reason to doubt it is but I cannot state with 11 A. I have no evidence of that. 11 absolute confidence it is. It's dated six years 12 Q. You are not informed of what the 12 ago. 13 paperback print run was? 13 Q. I assume these are your letters because 14 A. No. 14 they were turned over by your lawyer, but they 15 Q. 1 think you said before about a little 15 don't bear your signature. 16 over 10,000 copies cumulatively have been printed 16 k That's the reservation. 17 of the hard cover. 17 Q. Turn to the second page. 18 A. I said more than 10,000. I'm not sure 18 In the last part of the first paragraph 19 how much more. It's under a half a million, 19 it reads "Ihave also standardized instances where 20 though. It's in that gray area. 20 Mrs. Parker used the redundant em-dashlother mark 21 Q. The second sentence of that paragraph 21 (usually ",--") in a manner consistent with her 22 on what is marked Bates 45 but part of Defendant's 22 treatment of similar instances in her earlier 23 Exhibit 3, you tell Mr. Pettinga, you write, "This 23 collections." 24 compilation wiIl appeal to the literary, not the 24 I read that correctly? 25 mass market and the market will be correspondingly 25 k Yes, you did

175 177 1 Silverstein 1 Silverstein 2 Limited." 2 Q. You have made that comment in 3 Did I read that correctly? 3 correspondence on several occasions, no? 4 A. Yes. 4 k Something similar, and my response is 5 Q. Did that prove to be true, as far as 5 the same as what I gave to you earlier. 6 you know? 6 Q. Take a look at the next paragraph which 7 A. I don't think it sold to the mass 7 reads, the first sentence anyway, "Please also be 8 market as determined by the Top 10 list as 8 aware that the index to the MSn -- meaning 9 published by the New York Times. 9 manuscript -- "is probably the most comprehensive 10 The literary market is usually 10 inventory of Mrs. Parker's poetry and verse yet 11 selfdescribed I think the basic substance of 11 compiledn 12 that sentence is along the same lines as the 12 MS. McCABE: I am going to object to 13 phrase "river viewn in any real estate out here. 13 the form. 14 Q. Would you care to explain that now that 14 Go ahead. 15 you have said it? 15 MR. DANNAY: You are objecting to the 16 A. We were negotiating fees. 16 form of the question? 17 MS. McCABE: You mean you and Pettinga? 17 MS. McCABE: Yes. 18 THE WITNESS: Yes. 18 MR. DANNAY: What is your ground? 19 Q. Nonetheless you wrote it; is that 19 MS. McCABE: You are assuming MS means 20 correct? 20 something and I'm not sure that it means 21 A. Yes, I did 21 that. 22 MR DANNAY: Let's mark as the next 22 Q. I read it correctly? 23 exhibit 18. 23 A. Yes. 24 (Defendant's Exhibit 18, letter dated 24 Q. Does MS mean manuscript? Maybe I 25 October 9, 1995, marked for identification, 25 assumed more than I should have. 17 8 1 Silverstein Silverstein 2 A. I assume it means manuscript. question. 3 Q. Does the index to the maauscript or MR. DANNAY: Nonetheless. 4 index to the MS, as it's abbreviated, refer to Let's mark as the next exhibit, 19, a 5 what is called "The Complete Chronology" in the letter that appears to be a letter from 6 back of your published book? Stuart Silverstein faxed to his agent, Peter 7 A Yes, it does. Lampack, and it bears a date of February 9, 8 Q. Would you still make that comment today 1995. 9 about the complete chronology as it appears in the (Defendant's Exhibit 19, faxed letter 10 back of your published book, that it is probably to Peter Lampack dated February 9, 1995, 11 the most comprehensive inventory of Mrs. Parker's marked for identification, as of this date.) 12 poetry and verse yet compiled? Q. Have you had a chance to look at this? 13 A. I couldn't say so without speculation. A. Yes. 14 I have no idea what has been compiled since then. Q. Is it a copy of the letter that you 15 Q. To the best of your knowledge. 15 sent to Peter Lampack? 16 A. I have no knowledge. I can't answer 16 A. With the same reservation I made 17 the question. 17 before. Yes, it appears to be. 18 Q. Well, at the time you wrote the letter 18 Q. Let me draw your attention to item 3, 19 you were able to say that the index to the 19 "Listings provided." What were the listings that 20 manuscript is probably the most comprehensive 20 you were providing, do you know? 21 inventory of Mrs. Parker's poetry and verse yet 21 A I just don't know. I'm not going to 22 compiled You believed it then, didn't you? 22 speculate. I simply have no idea. 23 k That was because Ned Himrnelrich told me 23 Q. Let me see if I can refresh your 24 that then. They had six years since then to 24 recollection. 25 improve upon it. They are professionals. 25 Among the papers that you turned over

179 18 1 1 Silverstein 1 Silverstein 2 Q. Areyouawareof,inyourown 2 to us, of course they are not necessarily attached 3 knowledge, any index or listing that is more 3 one to the other, were some chronological and 4 comprehensive than the one you have in the back of 4 alphabetical lists of Dorothy Parker's poems and 5 yourbook? 5 verses. Does that refresh your recollection at 6 A. I really don't know because 6 all? 7 Mr. Himmelrich said they were going to work with 7 A. I know I prepared lists. I do not 8 it. 8 recall specifics. I prepared a great many lists, 9 Q. But I am asking you whether you know of 9 mainly for Himmelrich as a oondition for getting 10 any that is more comprehensive than the one in the 10 permission for the NAACP poems. 11 back of your book. I'm not asking you about what 11 Q. Mr. Himmelrich required that you 12 Mr. Himmelrich has done or knows. 12 provide both alphabetical and chronological lists 13 A. Given the fact that he said they were 13 of her poetry? 14 going to be doing some work with that thing six 14 A. I provided them that way just as a 15 years ago, I do not know that I can state that my 15 service to him. 16 knowledge is it is anything less than, if he has 16 Q. But he asked for it? 17 done something with it since then. 17 A. Yes, he asked for it. 18 Q. Do you have any reason to believe he 18 Q. Those lists? 19 has compiled something that is more comprehensive 19 A. Yes. 20 than your complete chronology? 20 Q. In this Exhibit 19 you refer to 21 k No. 21 listings provided, Clause 8. I don't have the 22 MR. DANNAY: I don't think it's 22 contract but I am assuming there is something in 23 appropriate for you to have sidebars with 23 your contract with the NAACP that refers to these- 24 your wimess. 24 lists. 25 MS. McCABE: There is no pending 25 A. I would presume so. 182 184 1 Silverstein 1 Silverstein 2 Q. And you ask your agent in this letter 2 Q. DO you have any recollection as to what 3 "Do we want to give this to them this early?"; 3 the titles of those documents were? 4 referring to the lists, correct? 4 A. I don't recall. I just remember I had 5 A. It says what it says, I guess. 5 a whole series of copyright numbers and they were 6 Q, Then you go on to say, "We already know 6 in very small type. That's all I recall. 7 Lists are not protectable." That sentence appears 7 MR. DANNAY: Let's take about a 8 in the lener, does it not, sir? 8 five-minute break and I will see if I have 9 A. Yes, it does. 9 anything more. 10 Q. What were you referring to? 10 (Recess.) 11 A. The copyright lists, the lists of the 11 MR. DANNAY: Last exhibit. 12 poems with the copyright tab a~exedto them. 12 (Defendant's Exhibit 20, three-page 13 Q. Were you saying to him that the lists 13 composite document, marked for 14 that you had prepared, alphabetical and 14 identification, as of this date.) 15 chronological, were not protected by copyright? 15 MR. DANNAY: It's a three-page 16 A. I think it was an aside. I wasn't 16 composite exhibit, Exhibit 20, consisting of 17 making any sort of legal representation. 17 the following: What appears to be a letter 18 Q. I am only asking what you said and what 18 from Stuart Silverstein dated January 26, 19 you meant, I'm not asking you for a legal opinion. 19 1995, to Lois Wallace, Wallace Literary 20 A. Well, it was an aside in the letter. 20 Agency; a letter from Stuart Silverstein 21 Q. But the information you were 21 dated September 20,1995, to Ned Himmelrich; 22 communicating to yow agent, Peter Lampack, was in 22 there appear to be faxes as well; and an 23 substance that the alphabetical and chronological 23 undated memo or something from Stuart 24 lists that you had prepared of Dorothy Parker's 24 Silverstein to his agent, Peter Lampack. 25 poems and verses were not protectable? 25 There's Bates number 46 on the first

183 185 1 Silverstein 1 Silverstein 2 A. I was talking about the copyright 2 item I mentioned, January 26,1995. There is 3 information. I wasn't referring to the roster of 3 no Bates number on the September 20, 1995, 4 poems and verses that I put together. Because it 4 item but there is a Bates number 330 on the 5 was my selection. 5 third item, the undated memo to Peter 6 Q. The "lists" only refers to the 6 Lampack. 7 copyright information on the list, not the List as 7 I will give the witness a chance to . 8 a whole; is thatphat you ate saying to me? 8 lookat these.. 9 A. No. I am saying the list was just a 9 THE WITNESS: Go on. 10 rendition of various titles. The selection is 10 Q. These are all letters or memos or

. 11 protectable but,not the information compiled on a 11 whatever you want to call them from you to the 12 list with just the name and a copyright number. 12 people indicated on the letters? 13 Q. But you wrote "We already know lists 13 A. Yes. 14 are not protectable." What you were saying was, 14 Q. Each of these refers to a work by 15 had you written this differently, you would have 15 Marian Meade? 16 said the compilation is protectable but not the 16 A Yes. 17 information on the list; is that what you are 17 Q. The author of "Dorothy Parker: What 18 telling me you really.meant? 18 Fresh Hell Is This"? 19 A. I can't speculate what I meant six 19 A. Yes. 20 years ago. I was never considering this 20 Q. Am I correct that each of these three 21 possibility. 21 letters that make up Exhibit 20 refer to that 22 Q. Do you know whether the documents that 22 work? 23 you were including as part of your requirement 23 A. They mention it. 24 under Clause 8 were actually labeled "listsn? 24 Q. Am I correct, Mr. Silverstein, that you 25 A. I don't remember. 25 used material in Marian ~eadekwork, "Dorothy

- 186 iaa 1 Silverstein 1 Silverstein 2 Parker: What Fresh Hell Is Thjs", that you 2 Q. Look at footnote 22. 3 incorporated into the introduction to your book? 3 A. Yes. 4 k Not really. It was one of about 20 or 4 Q. In footnote 22 you do refer to the 5 30 resource books that I used at various points. 5 Marian Meade biography, am I correct? P 6 I used factual materiaU found in it, sure. 6 k Yes. That's because it's the only 7 Q. That's what I am asking you. 7 place where I quoted one of the books, the 8 k I used factual material found in that 8 language of the author of the book. 9 as well as the other two biographies of Dorothy 9 Q. But nowhere in that footnote do you 10 Parker as well as the Algonquin materials. This 10 give any information about the title of the book 11 is one of many things that I used. 11 or the publisher or anything else about the book 12 Q. Can you tell me what factual material 12 other than its author? 13 you used from the Marian Meade biography? 13 A. No. 14 A. No. 14 Q. Is that correct; was I correct? 15 Q. Youcan't? 15 Your answer "No," I wasn't sure what 16 A. No. Basic biographical stuff. I took 16 you were answering? 17 biographical stuff from probably two dozen 17 A. No, I didn't. 18 different sources. 18 Q. There is no otherreference in your 19 Q. Can you remember any of the other 19 book "Not Much Fun" to the Marian Meade book by 20 sources from which you got fador biographical 20 title? 21 information about Dorothy Parker? 21 A. No. 22 k Babette Rosmond's book about Robert 22 Q. Or by anything else? 23 Benchley. Nathaniel Benchley's book about Robert 23 k No. 24 Benchley. Ashley's book about FranLLin P. Adams. 24 MR. DANNAY: We are at the end of the 25 Meredith's book about George S. Kaufman. Margaret 25 deposition in part because we are closing

187 18 9 1 Silverstein 1 Silverstein 2 Harrirnan's book about the Algonquin Round Table. 2 subject to a couple of things. I want to 3 Robert Dreman's book about the Algonquin Round 3 make sure we are agreed on this. 4 Table. Samuel Hopkins Adams' book about Alexander 4 One is the stipulation we entered into 5 WooUcott. There is another Woollcott biography. 5 before about the markup of the book, the 6 Mark Co~elly'sautobiographies. Frank Case's 6 exhibit that will show the punctuation, 7 history of the Algonquin Hotel. Goldstein's 7 editing and so forth. That will be produced. 8 biography of George S. Kaufman. Biographies about 8 RQ The other is my receiving all of the 9 Kaufman and Woollcott by -- they were written in copies in his possession or control of the 10 the 70s - Howard Teichmann. Ben Hecht's Simon & Schuster contract and the Simon & 11 biographies of Charlie MacArthur. Schuster royalty statements. 12 Various quotation books, various MS. McCABE: As long as we have a 13 anecdote books. That's not a complete list confidential agreement in place, yes. 14 Q. That's a start? MR. DANNAY: That's fine. I donY have 15 k That's a start. a problem with that. Basically the documents 16 Q. Can you tell me whether you gave any I asked for in the deposition notice. 17 credit or acknowledgement to any of those books m MS. McCABE: Right. 18 your book? MR. DANNAY: The third area that I am 19 A. No. leaving open, I don't want to get into a 20 Q. You can't tell me or you gave none? quarrel with you, I don't really think your 21 A. I gave none. It was just basic damage calculation letter of last night does 22 factual -- comply with the rules. 23 Q. Can you turn to page 22 of your own We need not get into a lengthy 24 book, part of your introduction. discussion on the record here about it. I do 25 A. Yes. want to indicate to you that I don't think it

- 190 Silverstein 1 Silverstein really complies with the rule. 2 computation. We will revisit that in more MS. McCABE: Fine. There are things we 3 appropriate circumstances. just don't know at this point. When we know 4 SOsubject to those areas, I am them, we will inform you. 5 finished for today. -MR. DANNAY: I am only saying it not to 6 MS. McCABE: I just have one question be contentious, I am saying that's an area 7 for Mr. Silverstein, or very few. which I feel I have to leave open and it will 8 EXAMINATIONBY get resolved as it gets resolved in due 9 MS. McCABE: course. 10 Q. Mr. Silverstein, earlier you testified MS. McCABE: I think much of it is a 11 about why you did not want Simon & Schuster legal question with respect to the statutory 12 involved in this present litigation. damages. With respect to actual damages it 13 I want to ask you now, is there any will be supplemented I think through the 14 other reason aside from the ones you testified to discovery process, including discovery of 15 why you did not want Simon & Schuster involved in your witnesses and perhaps further 16 this litigation? documentation of your client's profits. 17 A. I didn't want them conducting the MR. DANNAY: Again, so you know, my 18 litigation. I didn't want them to not conduct the thinking about it, statutory damages 19 litigation yet refuse to waive on half the nonetheless are damages and are capable of 20 recovery. I wanted to run the litigation myself, computations and calculations like any other 21 I wanted the full recovery for myself and I was form of damages and I think we are entitled 22 contident I would get the attorneys' fees as a to that regardless of what the label is. 23 result, so therefore I was not really going to MS. McCABE: But they are multiplied 24 be - for you. I don't know what other calculation 25 Strike that.

19 1 193 Silverstein 1 Silverstein I can possibly do for you on statutory 2 MS. McCABE: Read back the last part of damages. 3 his answer, please. MR. DANNAY: You didn't give us a 4 (Answer read.) calculation or example of how you get to 5 Q. Did you want to continue your answer? 150,000. You just chose it. 6 Did you want to finish it? MS. McCABE: The maximum willful 7 A. I was quite pleased when Simon & statutory damages. I don't how how much 8 Schuster appeared to be quite pleased not to clearer you can be. 9 pursue the litigation, because I don't think they MR. DANNAY.. I don't think we need to 10 wanted to go that far themselves because I think use this record to hash that through. I just 11 they wanted to have good relations with Penguin. wanted to indicate that as another area which 12 Q. Is it true if they had been involved in I feel I have to keep the deposition open. 13 litigation and you and they had prevailed, they MS. McCABE: I am going to object to 14 would have been entitled to 50 percent of the the extent it's regarding the statutory 15 recovery pursuant to your contract with them? damages, because I think Mt. Silverstein 16 A. Yes. already testified he doesn't have much 17 MS. McCABE: I have no further knowledge in that area. It's a legal 18 questions. question. 19 FURTHER EXAMINATION And we are going to seek the maximum. 20 BY MR. DANNAY: Maybe we won't get the maximum, but that's 21 Q. These reasons that you have elaborated what his claim is. He is seeking the maximu 22 as to why you were hoping that Simon & Schuster statutory damages allowable. 23 would not bring the lawsuit, did you communicate MR. DANNAY: I understand what the 24 any of those reasons to anyone at Simon & claim is. I don't understand the 25 Schuster? 194 196 1 Silverstein 1 Silverstein 2 A. No. 2 Q. Did Emily Remes ormyone at Simon & 3 Q. So they didn't know what your thinking 3 Schuster contact ywwith reference to the 4 was? 4 subpoena that Defendants served on them for 5 A. No. I informed them of the situation, 5 documents? 6 allowed them to deatwith it as they sought fit. 6 ANo. 7 Q. Did they ever say to you that they were 7 MR. DANNAY: I have no further 8 concerned about their relations with Penguin 8 questions subject to my other reservations. 9 Putnam as a factor in their decision in deciding 9 MS. McCABE: No questions. 10 not to pursue a lawsuit? Did they ever say it to 10 (Time noted: 4:30 p.m.) 11 11 you? 12 A. There was an indirect mention of the 12 STUART Y. SILVERSTEIN 13 fact that a subsidiary of Simon & Schuster or 13 Subscribed and sworn to before me this 14 Viacom, the parent organization, had recently sold 15 a unit to Penguin for a vast amount of money. 14 -day of______, --

- -- 16 Q. Who made this indirect mention? 16 NOTARY.PUBLIC 17 A. I can't recall who mentioned it. 18 Q. Were any of the discussions about a 19 possible participation by Simon & Schuster in this 20 lawsuit ever discussed with your agent? 21 A. No. I think it was mainly with Emily 22 Remes. 23 Q. Did you dku& it with your agent? 24 A. No. I think I just reported to him 25 what they said.

195 1 Silverstein 1 2 Q. Do you have any information as to 2 CERTIFICATE 3 whether Simon & Schuster indicated anything about 3 4 their potential involvement in the lawsuit to your 4 STATE OF NEW YORK ) 5 agent? 5 ) SS.: 6 k I am pretty sure they didnt. 6 COUNTY OF NEW YORK ) 7 Q. Did not? 8 k No. Neither my agent nor I had any I, LINDA DEVECKA, a Notary Public 9 previous contact with Einily Remes, and my contact within and for the State of New York, do 10 regarding all thh was with her. hereby certify: 11 Q. When was the last time you had contact That STUART Y. SILVERSTEIN, the witness 12 with Emily Remes? whose deposition is hereinbefore set forth, 13 k Six months ago maybe. A phone call. I was duly sworn by me and that such deposition 14 would pass the situation where we are, landmark is a true record of the testimony given by 15 pla&. Not the way it's being conducted, just such witness. 16 landmark places where we were in the Litigation I further certify that I am not related 17 because I told her I would let her know where the to any of the parties to this action by blood 18 trial was, not explicitly where we were. or marriage; and that I am in no way 19 (Continued on the following page.) interested in the outcome of this matter. 20 IN WlTNESS WHEREOF, I have hereunto set 21 my hand this this 7th day of November, 22 2001. 23 24 LINDA DEVECKA 25 198 1 2 ------INDEX------3wrlWESS EXAMlNATION BY PAGE 4 STUART Y. SILVERSTEM MR. DANNAY 5 MS. McCABE 192 5 - MR. DANNAY 193 6 7 ------INFORMATION REQUESTS ------8 DIRECTIONS: 172 9 RULINGS: 171 10 TO BE FURNISHED: None 11 REQUESTS: 38,112,189 12 MOTIONS: None 13 14 ------EXHIBnS ------15 DEFENDANT'S EXHIBlT NO. FOR ID. 16 1 Hard coveredition of "Not Much 10 Fun: The Lost Poems of Dorothy 17 Parker" by Stuart Y. Silverstein 18 2 Paperback edition of "Not Much 13 Fun: The Lost Poems of Dorothy 19 Parker" 20 3 Letter dated December 5,1994 29 21 4 Letter dated March 1.1995 30 22 5 Letter dated March 25,1996 30 23 6 Letter dated March 31,1995 30 24 7 Letter dated July 24, 1996 30 25 8 Letter dated July 24.1996 30

1 2 DEFENDANT'S EXHIBlT NO. FOR ID. 3 9 Copy of book by Randall Calhoun 52 entitied "Dorothy Parker: A 4 Bio-Bibliography" 5 10 Excerpt from Saturday Review of 70 Literature 6 11 Item from the New Yorker of 84 7 November 12,1927 8 12 Letter to Peter Lampack bearing 124 Bates numhr 181 9 . .d 13 Scribner author auestio~aire 128 10 14 "Plain~sSSupplementalResponse 137 11 to Defendant's Intemgatoriesn dated September 4,2001 12 15 Fax letter to Joy Weiner dated 140 13 March7.1995 14 16 Two-page fax letter to Ned 140 Himmelrich dated December 5,1994 15 17 Letter dated October 24.2001 163 . 16 18 Letter dated October 9,1995 175 1 I 1 I 19 Faxed letter to Peter Lampack 180 18 dated February 9,1995 19 20 Threepage composite document 184 20

------. .- . A- .- - accurately 19:6 47:19 54:22 55:15 168:24 161:19 193:24 abbreviated 178:4 69:18 72:16 85:4 68:8,16 86:12 always 135:3,5 196:2 ability 111:19 150:7 96:3 106:lO ambiguous 20:9 anything 20:24 170:17 acknowledge 34:22 116:13 1235 amend 165:24 21:ll 22:9,13.15 able 37:23 102:lO acknowledgement 129:9 143:4 amended 130:18 23:12 34:9,14 103:13 112:20 187:17 151:25 15723 amending 130:22 425 56:7,21 114:6,23 119:6 acknowledging 165:16 170:22 amendment 195 57:13 99:20 145:13 3?78:19 27:20 190:18 130:lO 131:9 109:19 130:16 about 8:17 9:20,20 across 12:21 49:25 against 1:6 1675 4merican 44:2 1315 132:11,24 10:17 11:17 12:ll act 164:23 1656 Agency 184:20 463 48:17,18,19 133:6,10,19 134:3 12:16 13:16,17 action 7:12 197:17 agent 112:25 113:9 48:20 150:lO 149:23 151:22 23: 14325:24,25 actions 67:2 113:9 124:24 4mericas 2:15 3:6 152:8,14,17,19,25 31:24 32:11,12 Actors 77:14 172:20 180:6 3:14 160:2 162:7,20 34:9 36:25 40:4 Actress 48:19 182:2,22 184:24 among 36:16 41:lO 164:22 165:13 40:24 41:15 45:18 Actresses 77:12 194:20,23 195:5,8 66:17 675 69:20 166:3 168:23 49:7,10 52:6 actual 24:22,25 ago 15:3 32:13 86:24 101:lO 170:19,21 179:16 ' 60:24 67:22 68:2 32:6 91:2 11823 33:23 38:18 43:16 180:25 184:9 188:11,22 76:21 80:20 83:2 171:7 190:13 151:12 16525 amount 194:15 195:3 99:2 100:21 1045 actually 17:16 167:lO 176:12 amounted 15.511 anyway 138:19 105:21,22 107:13 18:12 27:18 282 179:15 183:20 amounts 165:10,14 177:7 108:20 110:9,19 4223 44:lO 4522 19513 166:20 anywhere 7:20' 113:3 115:25 47:17 78:2 99:4 agree 66:9 112:9 amplify 17:ll 50:23 51:8 158:4 117:12 119:17,17 99:ll 1035 138:lO 140:7 analogous 97:23 168:lO 119:18 127:21 108:lO 122:8 145:3 152:24 98:10,11 101:23 apart 26:13 9523 130:5,25 132:17 165:20 183:24 agreed 4:2,6,10 122:20 121:24 167:19 134:23 1355 Adams 61:3 186:24 27:19 28:6 56:4 anecdote 49:16 apparently 62:22 137:25 14518 187:4 112:16 114:lO 50:12,18 187:13 117:19 127:17 147:12 149:s adaptation 40:17 154:2 160:ll Angeles 5:11,21 7:3 150:20 152:17,21 153:6 41:9 189:3 9:11,16,19 136:3 appeal 174:24 153:18 15516 add 41:16 49:4 agreement 29:14 150:13 appear 32:15 48:24 158:20 162:7,19 59:3 7521 82:24 37:17,18 38:4,7 annexed 182:12 50:13 78:13 79:17 162:22 164:22 91:16 92:7 99:20 38:24 39:4,6,9,9 annotated 114:7 92:21 103:lO 16513 166:3 108:lO 136:17 39:13,16,22 42:7 another 18:15 49:6 1075 108:25 169:lO 173:5,6,24 152:14 42:8 113:15 49:7 61:2,8 64:13 1256 129:21 174:6,9,15 178:9 added 26:7 80:15 168:18,21 16925 76:4,4 78:6 135:14 141:13 179:ll 183:2 91:10,13 92:13 170:5,5 189:13 112:ll 171:8 184:22 184:7 186:4,21,22 93:4,8,10,13,17 agreements 37:12 1875 191:12 appearance 68: 14 186:23,24,25 137:20 37:14 41:3,9 answer 20:4 245 68:18 11513 187:2,3,4,8 adding 9723 ahead 27:17 72:14 26:23,24 34:7 122:3,4 133:3 188:10,11 1895 additional 173:13 102:3 106:ll a2141:13 50:6 appeared 24:13 189:24 190:19 173:13 109:4 150:4 565 66:lO 72:18 443 50:7 62:13 192:ll 194:8,18 address 5:9,12,14 177:14 755 80:2,19,25 73:lO 76:3,4,10 1953 5:15 99:17 ain't 148:ll 81:7,8,15,15,16 76:11,2179:6 above 59:lO 71:14 addressed 128:13 alexander 3:20 81:16,17,19 82:3 805 83:22 91:6 88:20 163:4 187:4 82:13 83:lO 86:16 100:22 103:14 abridged 70:9 administer 4:13 Algonquin 8: 17 86:18 91:16,18 12511 193:8 abroad 12:2 administrative 61:2 137:25 97:3,18 99:ll appears 12:22 13:8 absolute 33:24 7325 186:lO 187:2,3,7 100:13 109:7 32:14,25 52:21 119:15 176:ll admissibility 81:9 alleged 154:7 129:8 132:3,6,9 75:19 76:16 absolutely 2514 admitted 522 allow 103:9 132:13,24 134:3 100:21 136:14 3-59 40:2 6924 adopted 147:6 allowable 191:23 139:25 1405 140:15,19 176:4 absorbed 613 advance 167:4,5,7 allowed 194:6 14510 148:12 178:9 180:5,17 academic 5 1:23 167:9,11 168:14 almost 117:14 149:6,11 157:8 182:7 184:17 6522 advanced 133:22 119:14 120:20 159:21 165:7,7 append 87:17 accept 1495 advertiser 99:7 alone 59:9 168:20 171:25 88:15 111:23 accepted 100:15 advised 54: 14,14 along 17512 178:16 188:15 appended 87:21,23 152:ll afforded 87:12 alphabet 87:21 193:3,4,5 87:25 88:3,4,7,9 accordance 3823 ahid 144:20 88:12,15 answered 20:3 88:12 according 58:14 after 46:18 47:15 alphabetical 181:4 41:12 96:2 97:2 apples 138:6 785 107:15,25 47:21 49:8 53:9 181:12 182:14,23 134:6 140:6,11 application 1385 153:22 54:8 552 68:15 already 23:2 182:6 157:7,10 applies 11523 account 62: 11 80:12 88:22 91:24 183:13 191:17 answering 188:16 apprise 153:9 accounts 59:18 92:9 107:23 altered 953 answers 16:15 apprised 127:20 accreditation 28:24 109:17 111:9 alternative 91:20 17:23 43:8 4515 approach 150:17 accumulate 116:17 122:16 126:9 161:16 48:25 51:15 52:23 approached 150:15 accumulated 95: 15 128:18 129:25 alternatives 20:8 54:16 5510 585 1569 accurate 33:8 43:3 14323 87:12 89:17 58:18 68:4 94:24 appropriate 31:18 62:lO 129:8 again 18:17 32:22 although 44:6 63:9 108:24 112:4 89:9 95:22 111:24 172:21 33:6,9,12,18 43:7 119:15 137:19 anyone 42:lO 90:20 116:9 135:ll

- 179:23 192:3 114:14 120:25 114:18 187:8,11 approval 28:25 128:18 131:ll >egins 14:8 134:24 biography 62: 10,12 170:7 139:8 148:17 wgun 92:2 186:13 187:5,8 April 128:lO 156:21 158:17,19 xing 35:19 4410 1885 129:18 156:12'176:7,13 158:24 167:9,12 44:17,19 47:2,8 bio-bibliography area 20:2122:16 178:2 168:15 170:22 47:21 61:25 622 46:20 52:4,11,16 86:21 112:18,19 assumed 177:25 178:6,10 179:4,11 62:24 69:22 199:4 162:25 174:20 as~uming101 :23 193:2 100:17 103:4,19 bit 1044 169:24 189:18 190:7 173:7 174:8 balance 131:23,24 107:21 108:6 bitch 59:15 191:12,18 177:19 181:22 ballpark 171:16 112:6 113:7 Blake 162:17 areas 17:9,13 42:18 asterisk 1259 Balto 110:6 114:lO 129:2 blind 143:22 112:ll 113:22 attach 131:18 barnass 16623 13510 138:12 blood 197:17 115:7,11 123:8 attached 181:2 baseball 8:18,20 161:ll 164:15 board 119:2 192:4 attaches 138:12 based 40:14,17 19515 Bohemians 77:13 aren't 166:20 attempt 144:13 44:9 56:13,14 believe 12:20 14:3 book 8:l-1 10:17 argue 82:4 attempting 120:13 62:20 7323 82:20 14:1128:25 29:6 11:3 12:15.23 arguments 69:15 attention 1252 120:18 152:12 29:16 45:8,22 13:8,10 14:5,9,10 Arlington 136:3,4 137:24 180:18 1655 49:17 50:7,13 15:7,9,22 16:2 around 62:23 8522 attest 112:6 bases 104:7 164:16 51:16,22 58:13 17:16,16,24 18:12 105:18 106:2 attorney 32:18 37:6 basic 106:3 117:12 59:ll 61:9 62:18 22:s 259 27:16 110:14,24 129:18 45:z 118:12 1535,s 652 68:6 70:lO 39: 19 40:22,25 129:19 151:17 attorneys 3513 17511 186:16 70:lO 97:15 103:8 43:12 47:9 49:8 173:4 4:3 84:8 131:14 187:21 104:12,20 105:ll 50:14,23 51:2,3,6 arranged 104:W 136:14 171:12,20 basically 6:19 64:4 114:8 121:9 126:2 51:23 52:3,7,12 arrangement 100:8 192:22 78:23 8512 116:7 156:13 160:14 52:14,19 5519 100:10,25 1M6 attractive 160:19 15425 158:21 161:12 179:18 63:16,2164:17 104:10,11,15 attribute 45:6,7 161:22 189:15 believed 25:9 2725 65:4,5,7,20,22 105:7,13,14 106:7 attributed 18:19 basis 5515 66:6 150:12 178:22 78:14 8421 90:3 106:8 57:23,25 58:2,16 82:17 118:12 bell 103:25 90:10,12 100:9,10 arrangements 60:18 6125 62:15 156:13,24 belong 113:12 100:22,25 101:12 151:7 62:24 63:4,9 Bates 31:2,6,7 32:2 below 94:ll 101:16 105:2,8,13 arrived 25:8 108:13 33:12 847 119:ll Ben 187:lO 105:17,19 106:8,9 article 8576:18 attributes 4510 124:8,19,21 Benchley 24:17 106:23,24,25 articles 9:3,8,13 attribution 57:19 128:14 141:6 25:6 28:12 53:7 107:5,6 108:15,20 artistic 116:18 62:9 108:20 174:22 176:3 68:lO 69:9,17,19 108:25 109:2,14 143:16,19 132:18 134:14 18425 185:3,4 72:3,8 80:12 109:20,21,23 artistically 95:16 August 130:6 199:8 107:21186:23,24 110:2,6,10 111:18 Ashley's 186:24 Auld 48:16 5514 Bates-stamped Benchley's 18623 111:25,25 114:7 aside 23:22 50:20 108:8 31:lO 70:14 129:9 benefit 136:lO 12223 126:3 51:lO 108:19 authentic 14519 Beach 13525 Berkelev 10:6 1275 128:3 130:s 182:16,20 192:14 author 48:20 128:8 bear 176:15 135:l: 131:19,20 134:9 asked 27:4 28:12 128:22,25 129:3 bearing 124:21 besides 13:15 27:2 134:14,16 137:18 31:17 42:3 66:9 129:17,25 130:18 199:s 40:22 60:s 81:2 138:17,25 139:13 79:25 86:6 97:2 131:3 132:6 bean 128:6 141:6 best 2512 28:20 142:9,15 14516 98:10,11 127:21 18517 188:8,12 180:7 58:23 9519 97:s 146:ll 147:3 150:.25 157:7,9 199:9 became 10:7 111:19 113:24 151:14 152:ll 159:18,19 170:2 authpred 64:21 109:22 119:3,21 120:15 1548 156:15 181:16,17 189:16 authoritative 1525 become 14:17 129:15 144:23 157:4 161:2 166:7 asking 21:20,22 authorized 4:12 109:24 178:15 167:4,21 168:9,15 26:22 35:12,13 authon 29:4 becomes 8424 better 54:lO 895 173:2 178:6,10 39:9 47:6 56:16 autobiographies becoming 117:4 9210 179:5,11 186:3,22 56:2157:8 6511 187:6 before 2:16 4:12,14 between 4:3 7:18 186:23,24,25 79:15,16 80:21 avaihtk 20:8 6:15 8:4 14:19 17:24 595 675 187:2,3,4,18,24 81:10,25 82:6 31:12 8917 144:5 358 56:13 66:8 72:lO 77:18 %:I2 188:8,10,11,19,19 86:14 106:16,16 Avenue 2:14 3:6,14 72:7 78:7 81:18 138:16,23 139:3 1895 199:3 1235 152:6,7,21 avoid 955 148:14 8521 86:17,22 143:ll 1455 books 8:12,14 153:4 164:7,21 aware 14:14,17 995 1W7 106:21 147:15 161:13 61:17 62:4,6 1654 166:22 31:15,16 109:20 109:21 116:13 162:3 166:12 68:2175:11 179:9,11 18218 109:22,24 127:3 126:12 130:8 beyond 86:2 1121; 104:16 117:6,7 182:19 186:7 138:2 177:8 179:2 141:7,22 152:lO 143:20 161:16 125:24,25 126:6 assert 118:6 a.m 2:8 153:22,25 156:25 bibliographer 47:s l26:l l,l2,20,24 asserted 86:17 163:7,21,22 1644 53:2 137:24 1865 asserting 28:s 164:6,10 169:9,16 bid 151:14 187:12,13,17 86:16,19 173:16 174:15 big 121:13 188:7 assistance 161:4,9 Babette 186:22 176:9 180:17 bider 122:14 Booksellen 150:ll associate 7:s back 9:2 16:12 189:s 196:13 biipher 62:13 booth 150:16 - Association 150: 11 18:16 22:2,18 beforehand 111 :5 biographical bores 68:19 74:3,6 assume 12:6 17:2 42:16 548 58:9 begin 17:8 42:21 186:16,17,20 74:10,14 9723 33:8 36:22 51:12 109:lO 111:8 beginqing 295 biographies 186:9 1215 Boston 28:lO 29:22 52:lO 108:15 38:25 39: l4,19,24 Chris-Cross 53:9 :Gent 101:21 33:4 41:25 California 5:11,23 57:4 58:15 62:2 68:1180:12 845 113:14 both 20:2,5,10 10:6 66:11,12,13,14,15 845 107:23 :lientls 190:17 41:18 94:19 call 13:23 59:7,24 66:25 68:5,7 83:7 chronological :lose 89:15 142:21 146:23 66:3 95:2 114:ll 86:23 105:25 92:21 94:3,6 :lased 88:12 147:9 154:3 , 121:18 125:2 107:3 117:ll 100:11,16,18 closing 115:15 170:14 181:12 128:24 138:14 123:17,17 169:17 101:2,3 102:16,23 188:25 bottom 3218 151:13 1725 certainly 90:3 103:ll 105:3,10 clue 24:21 bought 167:25 185:ll 195:13 100:6 114:6 105:17 106:4 cocoon 91:22 Boulevard 5: 11 called 5241:25 certainty 33:24 ' 181:3,12 182:15 coherent 22:12 Boy 102:6 60:23 61:3 89:22 certified 137:2 182:23 76:13 89:8 95:17 boys 68:25 75:13 151:6,18 158:21 certify 197:10,16 chronologically 116:18 120:2 1 l5:2l 122:20 1785 cetera 3423 39:2 92:12 104:23 1444 bracket 91:10,14 . calls 26:21 41:18 84:19 125:21 chronology 14:8 collected 26:18 92:7,8 96:7,9,24 41:24 86:lO 130:18 51:7 153:7 1785 49:18 50:8 61:17 125:9 came 6:17 12:21 Chalet 99:9 178:9 179:20 62:2,4 117:6 bracketed 92:15 32:23 151:3 chance 8:22,25 circulation 62:23 118:17 126:16,23 94:7,25 95:3,25 17396 34:16 135:18 circumstance 97:6 126:23 127:ll 96:10,20 97:24 cap 123:3 180:12 1857 circumstances collection 5 1:4 brackets 67:16 :$ capable 190:20 change 11:13,15 24:23 153:6 192:3 61:17 117:21 88:2,7,13 89:ll cadtalization 21 :8 12:5,8 145 15:23 citations 43:20 52:6 12512.24 121:7 89:15 92:lO 97:8 i3:19 ii4:3 i21:3 17:1120:16 21:9 110:21 111~7 134:25 135:8 97:lO 98:15 122:8 23:17 24:3,24 cite 58:25 138:18 bread 10:lO capitalize 122:lO 40:8 42:ll 67:12 citing 141:22 collections 26: 19 break 69:s 106:22 capitalized ll5:24 73:16 76:24 78:7 Civ 1:6 28:9 118:18 111:12 172:9,9 i2~122:io 79:4,14 80:8 claim 19:6,14,19 146:18,23,24 18493 care 11:17 104:3 120:24 123:21 25:22,23 26:13,15 147:4,4 17623 breaking 100:2 153:ll 17514 changed 12:lO 19:3 26:22 66:7 67:4 college 8:8 68:25 breaks 22:7,8 Carol 9:9,21 2424 8522 88:17 69:14 81:4,20,23 75:13 94:13 10522 cane 112:19 101:22 120:ll 82:15,17,20,23 colon 553 73:19 Brennan 148:17 114:12 123:2 130:17 83:4,7,12,19 75:21 Bre~an's144:lO caned 112:12 133:8 86:20,23 104:9,17 column 60:25 brevity 89:18 case 18:7,23 19:3 changes 11:22 10514 106:6,17 61:14 84:10,17,24 brief 91:19 21:9,9 42:19 57:3 13:13 15:7,9,21 J,8 156:3 8513 briefly 8:2 69:13 76:15 81:4 20:14,17,20 245 157:19,21 1615 combination brightest 122:25 81:1183:4 86:7 24:9,1126:9,11 161:20 191:22,25 138:13 bring 154:7 193:23 91:7,25 92:6,17 26:15 111:20,23 claimed 28:2 29:15 combined 141:21 British 12:18 92:19 98:Z 104:9 111:24 1144 claiming 2215 come 21:14 42:16 broad 113:22 104:17 105:15 116:20 121:21 42:19 57:2 66:2,5 47:s 49:25 93:22 brought 52:7 106:7,17 11524 122:2 123:9 133:3 72:22 8l:ll82:9 116:ll 146:22 150:22 121:8 122:13,19 changing 97:21 86:3,7,13 104:16 Comedy 102:4 Bruyere 99:9 123:2,2,4 143:8 115:17 10514 106:19 comes 21:ll Burnett 9:9,21 162:8,10 Chanty 122:17 claims 16:9,20 comma 11694 business 515 48:18 cases 257 28:4 character 12314 17:lO 1811,21 117:15,25 13415 61:8 114:25 29:13 358 94:2 123:15 69:12 81:11,20 comment 104:24 15525 118:14 characteristic 98:25 104:8 152:17 177:2 butt 1045 Case's 187:6 104:3 11512 133:21 178:8 buy 28:20 case-by-case characterization 154:16 commented 98:17 118:ll 18:7 39:22 120:21 clarify 16:9,20 17:8 commit 120: 13 catalog 110:15 45:14 47:ll94:24 common 62:23 C 3:2 197:2,2 " 1235 characterizing 99:ll 169:14 76:2,12,13 9512 calculated 164:14 cataloged 83:23 149:24 clarity 48:22 69:2 9513 1 l6:lO,l2 Calculating 164:16 categories 17:9 charge 39:18 class 7:12 116:16 117:lO calculation 163:s 42:17,24 5625 Charlie 187:ll classi6cation 45: 17 communicate 16413 16514 121:21,25 122:s check 14:1129:20 classi6ed 57:18 193:U 17023 189:21 . 123:9 1095 126:3 168:2 108:22 communicated 190:25 1915 categorize 73:4 checked 1057 classify 71:7 53:25 calculations 190:21 category 18:10,15 checkiag 80:24 Clause 181:21 communicating Calhoun 47:4.13 18:21 19:6,19 checks 166:18 183:24 182:22 42:22 56:18 57:15 Chicago 6:lO clear 25:16,17 communication 57:16,20 60:6 150:12 3723 89:14 97:14 150:lO 65:Z 66:3 12325 choice 51:s 117:17 97:17 106:6 communications 57:7 106:23,25 caveat 59:4 choices 54:13,15 113:21 136:22 149:21,25 150:7 107:6,20,25 century 8:18,23 chose 73:2189:4 159:20 152:22 162:3,5 108:20,25 109:6 certain 18:18,24 132:9 191:6 clearer 191:9 compare 1449 109:14,20 1lO:2,6 19:15,21 24:13,23 CHRHlTW 3:9 clearly 37:9 64:8 comwlling 62:25 I10:10,21 111:4 25:15 28:4,8 Christopher 8418 85:19 63:6,12 199:3 34:20,25 35:5,8,9 85:2,2 142:17 clever 50:17 85:18 compilation 25:2 1 Calhoun's 4519 3518 36:2,6 1435 clevedy 85: 19 25:23 52:5 66:7

- 28:8 192:22 112:21 113:17 78:25 83:8,16 96:17 99:16,19 :onfidential 171:23 :ontrary 53:12 84:18 85:6,10 mating 95:2 1385 189:13 :ontribution 71:18 86:25 8923 90:16 reative 67:7,20 :onfidentiality 71:22 96:23 91:11,14 92:ll 72:13 76:6 79:4 113:15 :ontrol 11323 170:6 93:2,5,8,17,24 79:13,21 80:4 compiled 95: 16 :odguration 189:9 94:8,15 96:21 118:2,10 137:17 125:7 177:ll 106:3 :ontrolled 38:16 100:12,24 104:8 redit 187:17 178:12,14,22 :onh 141:lO :onvenience 60:4 112:14 124:24 reeds 116:17 179:19 183:ll :onform 79:6 :onveniences 74:2 127:7,19 129:3 ,rime 16510 complaining :onhsed 54:7 :onvention 150: 11 130:4 131:23 *riteria 53:16 54:3 15.516 1052 151:4 139:6,19 142:8,12 :ross-counterclaims Complaint 16:13 :onfusing 84:3,25 mnversation 151:9 142:19,22 143:9 16123 859 158:14 164:9,11 147:s 17223 complete 14:8 51:7 confusion 95:s :onvinced 63:2 175:20 176:7 132:6 134:25 comection 22:s :opied 43:15 1559 182:4 185:20,24 135:9 178:5,9 40:24 47:3 50:20 155:12,18,21 188:5,14,14 179:20 187:13 78:22 79:9 86:6 :opk 16:17,18,21 correction 92:s completed 50:6 100:8 119:13 22:22 141:ll 15623 129:17.19.25 Comely's 187:6 146:20 163:15 correctly 77:16 130:2 131k?,24 Conning 61:4 166:9 173:5,17 853 138:8 146:21 1358 consider 4421 174:16 189:9 completely 43:21 47:17 9425 116:8 :opy 10:25 32:5,21 67:13 79:14 101:3 considerable 33:5,13,2134:6 correspondence 147:17 149:2 138:12 36:12,20 38:4 31:13,20 5323 Complex 7:11 considerations 42:4 52:14,21 complies 190:2 161:16 111:18,21,25 corresponding comply 189:22 considered 9423 114:7 119:ll 1lO:8 composite 184:13 99:4 148:23 129:3 133:13 correspondingly 184:16 19919 considering 183:20 163:21,22 176:7 17425 composition 455 consistent 80:7 180:14 199:3 counsel 157:23 comprehensive 11518 118:24 zopying 155:l 1,15 158:7,10,15 159:7 123:13 177:9 138:21 176:21 copyright 6:24 count 102:lO 178:11,20 179:4 consistently 118:13 13:15,16 2523 counterclaims 7:13 179:10.19 consisting 184:16 26:3,4,11,14,16 COUNTY 1926 consists 141:17 27:5,11,13,25 couple 14363:lO 1425 28:2 ,S,lO,l8,19 76:18 10518 computation 192:2 constant 130:12 29:lO 32:20 66:7 110:20 1243 computations constantly 162:s 82:21,23 83:3 130:7 173:12 190:21 constraints 10525 86:20 106:14,15 189:2 computer 31 :12,21 contact 151:21 106:18,19 127:22 couplet 73:22 31:25 32:9,23 l95:9,9,ll 196:3 155:2,5 156:15 couplets 11516 33:6,12 128:16 contacting 141:14 164:23 165:6,21 course 36:25 a19 129:lO 141:8,21 contain 31:13 32:9 182:11,12,15 85:14,2189:16 concept 94:14,18 147:8 183:2,7,12 184:s 1253 147:17 94:19 contained 48:2 copyrightable 81:s 181:2 190:lO concern 171:23 49:ll 125:s 81:13,21 82:7,10 coort 1:2 4:15 concerned 46:12 containing 122:14 82:11,18 86:8,11 coarts 6:5 10521 124:18 contains 3517 86:14 . cover 9:24 10:18,21 194:8 -84:17 copyrighted 125:lO ll:2,10,20,2S concerning 162:4 contemporaneous copyrights 28:18 12:6 13:14,18,25 163:4 61:19 29:4 16:7 100:3 1M7 concessions 60:12 contention 858 corner 71:3 166:8 167:19 concluded 453 contentions 190:7 corporate 6:22 170:14 174:7,17 46:7 62:20 contents 78:14 161:14 198:16 conclusion 26:21 m10 correct 11:15,23 covered 99 19:9 81:6 82:2,5,8 context 24:14,20 17:18,19,20 18:lO cowan 2:13 3:12 86:lO 1655 continue 6:15 7:2 19:17 3023 31:s cracks 127:12,16 conclusions 125:18 72:6 7515 1935 33:13,20 34521 cratted 146:s 164:17 continued 1154 42:24 51:18 52:19 crazy 15524 conclusive 63:13 195:19 53:3 54:19 57:19 157:14 condition 181:9 continuing 152:16 58:16,17,19,20 create 19:7 40:13 conditions 151:15 16516 59:22 6323 6410 40:16 66:22 89:6 151:15 152:13 continuously 50:lO 6411 66:18,19 95:12,13 96:13,15 conduct 192:18 contract 39:5,7 . 69:10,13 71:4,8 96:17 97:4,6 conducted 19515 153:23 154:4 71:12,16,20 72:22 116:12 conducting 192:17 160:ll 168:24,25 73:3,9,14,15,18 created 19:ll 67:3 confidence 1l9:8 170:ll 181:22,23 73:20 74:8,14,16 67:6,23 68:5,6 176:ll 189:lO 193:15 74:17,25 7523 7323 83:7,12,20 confident 25: 11 contracts 41:22 76:25 77:8,21,25 84:4 85:23 86:3 196:7 198:4,5 ' deduce 118:24 description 131:19 127:25 154:lO 125:22 150:18 data 64:16 deduction 62:7 descriptive 69:24 161:25 164:20 158:20 16525 date 10:24 13:6 deemed 31:18 designation 67:s 194:23 179:14 30:2,5,8,11,14,17 Deep 12523 designations 66: 16 discussed 41:23 iollar 161:13 44:8 52:17 70:22 126:13,14 86:23 64:23 65:21 80:17 jomain 127:23 84:13 87:18,25 Defendant 1:8 3:13 desperately 161:lO 134:lO 164:2,3 lone 6:20 12:12 88:4 99:8 124:14 Defendants 196:4 Despite 105:12 194:20 28:18 72:14 80:2 124:16,l9,22 defendant's 10:20 137:14 discusses 133:9 80:9 88:24 99:23 128:23 129:20 10:21 13:2,3,9 detail 157:2 discussing 163:lO 103:19 112:2 130:4 137:6 . 23:lO 29:24 30:3 determination 16418 116:3 117:19 140:24 141:4,23 30:6,9,12,15,21 17:14 18:17 56:19 discussion 42: 15 120:8,9 123:6,17 163:18 176:2,8 31:3 32:3,16,22 57:4 58:13 82:6 46:lO 53:20 123:19 130:14,15 180:7,11 184:14 ,,. 33:2,9 34:2,10,10 determinations 149:19 164:8 149:11,12 158:s dated 29:24 30:3,6 34:24 35:4,16,21 42:22 189:24 179:12,17 30:9,12,15,22 35:25 36:9 38:20 determine 57:23 discussions 38:22 door 59:lO 31:4 32:17,22 3923 48:3 52:9 67:15 9519 97:s 153:16 161:18 Dorothy 10:19.23 33:lO 38:24 52:14,18 70:20,24 119:21 172:21 162:2 194:18 12:24 135 14:4 128:lO 136:13 71:15 84:6,11,15 determined 18:ll disk 32:9,23 33:6 18:19 19:2.17 1375 140:20,23 . . 104:9 1058 106:8 28:20 43:11,16,19 33:12 131:lO 24:3 25:9,18,25 141:2 143:2 163:3 106:23 107:17 43:25 442 45:12 disks 31:13,21,22 26:17 27:9,14 163:16 17524 124:7,20 1275 4524 46:20 47:13 31:22 128:16 34:21,25 35:6,18 176:5,11 180:lO : 128:6,21,24 47:17 50:5,16,24 129:lO 131:8,11 36:2,6 38:6,25 184:18,21 198:20- 129:16 136:12,15 51:17 52:24 54:lO 141:8 39:14,24 40:6,14 198:21,22,23,24 137:3,4 139:9 54:18 58:15,24 disparate 76:13 40:17 42:ll 43:lO 198:25 199:11,12 140:13,14,18,22 61:22 76:2 897 9514 116~4 45:6 47:4 49:18 199:14,15,16,18 140:25 141:17 89:10,14 99:15,18 dispensed 117:7 49:21 50:8 52:4,6 dates 92:22 94:3 142:5,24 163:16 107:19 108:16,17 dispose 170:18 52:11,15,25 57:18 Dawn 53:9 68:15 163:19 170:23 117:14 13510 dispute 10:17 57:24 58:2,16 80:13 107:23 172:13 174:22 1758 disqualiPg 126:4 60:18,20 61:6,16 day 84:24 150:14 17524 180:9 determining 54:4 distinct 13823 61:19,24 62:16,24 150:23 196:14 184:12 198:15 126:15 distinction 17:23 63:4,20,23 64:5,8 197:21 199:2,11 DEVECKA 1:24 89:7 14520 64:21 66:12,14 Daydreams 102:8 define 20:11,12 2:16 197:8,24 distinctions 59:4 68:7 69:19 71:7 127:2,9 143:21 144:ll deviates 100:ll 92:2 139:3 1455 71:16,19 77:24 day-to-day 61:lO de5nition 14410 devices 88:25 14512 78:24 79:9,18 61:14 144:14,22,23 distinguish 66:16 86:24 87:14 89:21 deal 11:6 146:6 148:16,18 67:2,5 76:9 86:24 90:14,25 94:ll 161:13 194:6 deenitions 54:7 8823 89:2,2 954 96:12 108:21 Dear 48:12 5512 143:24 1445 dictionaries 54:6 958 96:11,18 110:13 11513 108:7 degree 119:7 Dictionary 1443 97:24 138:23 116:22 118:16,21 Death 126:7,21 deleted 99:5,8 difference 47:3 147:15 119:22 123:20 146:19 147:8 126:11,24 5521 10512 distinguished 66:20 126:lO 132:18 decade 823 deliberately 85:16 143:ll 87:19 137:20 13814 December 29:Z delve 133:13 ditYerences 12:12 distinguishing 142:lO 146:17 30:22 140:20 Demand 23:1148:4 57:6,11 108:19 67:16 98:15 147:21 150:19 141:2,18 172:13, Demands 107:18 diilerent 9:15 11:7 DmcT1:2,2 181:4 182:24 198:20 199:14 denied 63:20,24,25 12:7 14:13 21:19 divides 14519 185:17,25 186:9 decide 50:17 5515 64:3,9,12 62:8 63:lO 65:25 document 2356 186:21 198:16,18 60:17 62:15 63:3; Department 28:8 68:14,17 9417 23:ll 24:19 36:19 199:3

145:2 "*I 140:18 96:3 98:8,9,13 39:8 48:4 6514 . doubt 74:17 176:lO decided 27:22 deposit 166:19 102:2 147:18 754 107:18 down 69:3 75:10 3510 47:16,24 deposition 1: 15 149:3 162:25 128:15 134:21 855 14518 54:18 57:23 765 2:12 4:ll 18:5 186:18 18413 199:19 dozen 186:17 8518 102:20,22 114:16 149:14,16 differently 183:15 documentary 62:17 dozens 61:15 108~2118:2 : 188:25 189:16 dicult 24: 18 63:7 Drab 1025 137:21 150:17 - 191:13 197:12,13 84:s 168:22 documentation draft 44:4,9,l l,23 159:3,6 Depositions 7:8 direct 8524 151:21 111:24 190:17 drafts 126:19 deciding 194:9 derivative 40: 14,17 DLRECTIONS documents 3 1: 10 drama 68:20 74:20 decipher 24:18 .- 41:lO 198:8 31:24 36:16,23,24 74:21 decision 1521 56:9 dkribe 44:7 452 directly 151:lO 36:25 37:2 183:22 draw 139:3 165:4 63:14 67:7,14 50:22 552 69:18 disagree 149:24 184:3 189:15 180:18 72:13 79:4,13,21 72:16 122:5 150:7 151:23 152:24 1965 drawn 45:8 80:4,4 86:15 154:15 155:5,10 disagreement Dog 1025 Dreiser 142:18 117:23 118:2,10 16425 153:5,14 doing 6:19 8:21 143:6 119:23 128:2 described 923 50:4 disciplined 120:3 115 16:1141:21 Dreman's 187:3 138:23 194:9 8519 88:20 discovered 127:lO 67:3,24 94:lO drive. 44: 11,23 decisions 56: 14 118:14 121:24 discovery 7:8 95:11,22 96:25 drop 615 67:20 68:2 117:ll 1245 149:20 112:13 190:15,15 117:3 11925 dropping 71:18 121:15 describing 163:20 discuss 41:19 120:7 121:ll Duckworth 12:4

- 16:3 167:24 effect 4:14 66:21 entities 27:22 28:4 !xcept 4:7 102:20 19518 due 137:22 190:9 89:12 106:20 entitled 12:23 52:4 108:22 157:3 express 119:25 duly 5:3 197:13 157:16 52:15 81:19 162:8 expresses 143:18 during 36:25 41:18 eggs 49:23 113:12 171:14,16 txception 100:16 extended 118:23 41:23 146:16 eieht 60:2177:9 171:21,24 190:22 :xcerpt 70:17,20 extensively 54:9 149:20 193:14 199:3 1995 extent 7525 111:22 entitlement 1652 sxchange 29:18,19 119% 120:23 .- -.- - - .-E'-- . either 18:24 19:16 emtic 118:22 :xclarnation 191:15 E 3:2,2 5:2,2 27:24 4425 45:ll 119:6,16 120:lO 116:25 117:16 eyes 146:22 150:9 111:14,14 115:2,2 89:ll 116:24 errors 24:15 1185 120:12 197:2,2 198:2 117:9 153:lO err/With 59:20 txcluded 43: l2,l3 F each 14:5,6,9,9 16223 ESQ 3:8,9,16,20 46:15,25 47:9 F 111:1437T- 17:15,16 18:12 elaborated 193:21 essence 20:9 24:2 50:25 facing 103:10,14 257 29:13 34:19 electronic 169:5,19 525 67276:14 excluding 20:21 144325 47:20 54:8,24,24 electronically 88:24 120:4 exclusive 26:16 fact 15:4 23:24 68:2,16 69:2,4 157:4 essential 13l:l9 275 168:17 32:12 37:lO 41:20 73:8,11,16,22 elegant 89:8 9521 13493 139:12 excuse 10:15 55:6 69:14 895 106:3 7513.19 76:15 element 57:21 essentially 126:4 56:3 96:16 1685 107:20 111:9 80:22 83:21 87:9 82:15,20 86:19 151:10,13 executed 39:16 116:15 119:25 89:3,22 90:ll 104:12 106:13,14 estate 17513 ' exercised 137:16 126:lO 127:18 91:7 94:2 97:21 106:18 estimate 166:7 exheastive 415 132:19 137:14 104:15 10513 elements 22: 11,11 et 34:23 39:2 84:19 exhaustively 8323 141:ll 170:3 116:10,15 118:ll 9514 116:9,10 12521 130:18 exhibit 10:20,21 179:13 194:13 121:6 123:6,13 121:14 evaluate 122:6 11:2 12:16 13:2,3 factor 194:9 143:8 150:9 Eleven 48:23 evaluating 15517 29:24 30:3,6,9,12 factual 186:6,8,12 185:14,20 eleventh 842 even 37:17 43:15 30:15 31:3 32:4,5 186:20 187:22 earlier 14:19 42:18 Elinor 59:18 60:2 452 64:12 89:13 32:16,22 33:2,9 failed 7:14 54:20 76:3,10 62:14 635 64:20 103:3 117:3 1205 34:3,10,11,24 fair 257 76:5,11,22 79:6 81:2 83:3,23 65:6,20 123:lO 144:13 35:4,16,21,25 78:4,19 120:21 83:25 9423 embodies 39:8 Evening 28:15 38:20 3923 52:14 147:7 164:12 12314 141:23 embraced 133:21 29:17 30:22,2!5 52:18 70:13,20,25 fall 60:6 144:12 176:22 embraces 205 315 34:4 40:ll 71:15 8411 falling 98:24 1775 19210 Emily 154:14 156:9 42:lO 110:8,13,15 106:24 119:ll familiar 8414 early 8:18 10:2 156:13 161:18 110:22,25 111:2 121:18 122:7 Famille 78:4,19 28:19 52:3 61:8 194:21 195:9,12 172:14 124:8,20 1285.6 fan 8:20 182:3 196:2 eveent 52:8 128:21,24 129:16 Fantasy 102:8 earned 167:9,11 emotion 118:7 events 110:9 132:s 133:20 far 36:15 39:10,12 168:15 emphasis 137:20 ever 6:7 40:lO 13418 136:lO 44:lO a136518 earning 10:lO employ 91:21 53:20 652 130:lO 137:3 139:9 W14 92:22 1054 easier 27:22 3510 employed 116:23 130:16,22 16520 140:13,14,15,19 132:5,8,23 1357 easy 51:14 emdash 89:13 17225 194:7,10 140:22,25 141:14 1755 193:lO edification 14% 117:2,10,25 118:3 194:20 141:17 142:5,6,24 fashion 46:23 edit 40:8 42:ll 118:6,9,15 119:13 Even 8:24 14225 163:14,16 favor 465 edited 265 em-dash/other every 9:24 11:4 163:19 17023 fax 124:12,13,13 editing 19:20 20:3 176:20 653 8022 84:24 172:13 17423 140:16,21,22,25 2O:6,lO, l2,14,2l En 78:4,19 1044 120:13 175:23,24 180:4,9 15412 199:12,14 20:23 21:23 2216 encased 88:9,13 121:lO 1236 181:20 184:11,12 faxed 141:20 1644 23:14 26:10,15 enclosed 39:2 8725 1328 166:lg 184:16,16 18521 180:6,9 199:17 41:2169:15 725 88:4,7,16 everyone 55:25 189:6 198:iS faxes 184:22 1005 1l4:3,25 encompass 168:12 eveqtbg 552 199:2 feature 98:16 11512 116:20 end 71:19 7519 W7 131:6 . exhibits 40:5 1415 features 88:20 117:21 118:23 76:17 100:17 evidence 62:18 141:10,25 198:14 131:20 134:8 121:25 1?3:24 101:6,9 114:16 120:7,16,18 existence 9:18 139:13 133:2 189:7 13424 13514 17411 ' expeditt 112:20 February 180:7,10 edition 10:18,22 151:20 152:20 evidentiy 56:4 expense 160% 199:18 11:2,9,11,12,21 188:24 exact 148:7 expenses 160:13,16 federal 525 6:5 11:21,23 12:6,19 endorse 146:3 exactly 38:ll experience 5518 feel 17:6 18:6 43:7 12:22 13:4,8,10 ends 151:4 122:21 150:4 56:15 4511 57:24 13:11,14,14,24 English 122:12 156:18 explain 205 31:8 101:16 156:4 14:2,15 15:6,25 144:2,19 146:9 EXAMINATION 6623 133:24 19023 191:13 16:2,3 107:19 147:14 5:6 1154 192:8 17514 feeling 143:17 167:20 168:lO enough 44:22 193:19 198:3 explained 2315 fees 171:12,20 169:ll 170:8 12513 126:6,20 examine 156:2 explicit 27:2 41:15 17516 192:22 174:7,9 198:16,18 127:7 139:22 examined 5:4 44:7,9 fell 54:8 127:12,15 editions 60:22 14513 149:9 examining 11:4 expkitly 44:18 felt 35:13 38:16 editors 90:U 16511 example 74:3 9723 119:25 12519 4511 Edna 62:ll enrolled 36:18 115:20,22 1915 127:20 137:19 Ferber 62:12 educated 14513 ented 189:4 examples 87:lO 138:18 152:ll few 88:21 98:17 Edward 33:3 entire 149:16 12323 161:24 169:22 150:16 192:7 fewer 146:20 , 142:16 27: lO,l4,24 28:21 122:12 123: l3,l4 fight 285 35:11 I fools 51:13 29:7,lO,l1 30:21 142:4 14320 figure 171:17 footnote 63:16,17 31:3,14,24 32:9 148:17 150:4 172:22 I 64:23 65:9 188:2 32:17,23 33:3,6 157:2 177:14 Figures 44:2 48:17 1 188:4,9 33:10,12 34:3 182:6 185:9 48: l8,l9,2O t footnotes 50:19 38:21 40:7,10 193:lO file 31:20 131:2,4 , force 4:13 39:6 42:9 43:12 44:7 gender-specific goes 60:13 63:22 153:24 160:25 : foreign 15:25 16:2 .47:9 49:21 50:14 8:25 84:19 135:2 j 167:22,22 169:2,4 50:25 59:25 60:16 :enera1 6:18,22 142:14 143:23 1 169:21 61:15 62:7 64:6 8:14 17:9,13 going 15:5,19 16:12 Forgive 12:18 6519 68:8 69:19 18:15 19:19 42:17 16:12 17:10,11 folmot 55:7 70:15,17,20 713 42:21 45:2 104:21 26:20 32:9 40:19 files 31:25 375 71:19 84:8,11,25 115:7,11 118:25 41:20 51:4 52:lO filing 4:4 8513 89:3 96:18 119:4 121:21,25 61:13 62:22 70:2 filled 129:4,15 99:6,13 100:ll 1225 123:8 153:4 75:3 79:2 81:7.14 fmal 41:22 107:18 103:8,9 108:13,19 generally 59:2 86:9 96:3 98:2,21 143:4 110:18,22,25 104:13 147:19 98:23 1005 109:3 Finally 134:24 111:2 11518 162:8,15 1 lS:8,IO 1l8:l9 hd37:3 39:2 54:7 118:13,25 121:24 gentlemen 49:24 119:lO 121:18 60:9,10,20 63:12 124:10,23 12512 genuinely 144:15 123:23 12522 63:13 90:6 109:19 12513 126:11,25 George 18625 126:3 137:10.11 111:6 125:20 128:16 129:lO 187:8 138:25 139:2,8,24 172:25 130:13 13423 Georgia 48:9 555 144:24 1458 tine 11:19 22:22 .' 140:16,20 141:7 108:6 147:2 149:lO 40:20 43:6 60:4 ' 141:19,21 142:4,7 Gerakl 12:4 1502.3 151:14,25 114:19 120:22 143:3 145:4 149:3 gets im:9 153:19 154:18 189:14 190:3 1615 163:2 1659 getting 1lO:l8,25 158:14 161:25 finish 193:6 'ormatting 20:25 16510 167~19 130:12 152:23 166:6 168:7,19 21:3,7,18,2122:4 168:8 173:8 176:s 153:12 168:8 170:22 171:lO 180:s 184:18,20 181:9 177:12 279:7,14 45:23 184:23 18511 Get-Together 48:8 180:21 191:14,20 first 8:U 44:3,4 'oms 595 116:4 186:13,17,20 48:10,11,13,14,16 19223 50:7 73:18 74:13 'onnula 78:24 79:9 192:14 1995.6 55:4 Goldsmith 62:9 74:20,23 75:7,13 79:19,24 1175 hnt 139:lO 166:s GIGANTE 3:20 Goldstein's 187:7 7519 76:17 83:14 brth 189:7 197:12 FdMment 1025 Gdbtrt 62:9,11 gone 4413 84:17,23 8513 'orthcoming 14:14 M 58 17:4 80.6 Gi162:17 good 24:20 36:24 88:21,21 89:4 bud 3623 43:s 14517 146:13,14 Glrl 102:6 60:1170:4 99:25 91:23 94:lO 97:lO 61:15,18 6217 160:22,23 192:21 give 15:10,16 16:17 111:ll 129:7 l22:9,l l,24 73:22 87:4,9 uly 25:ll 21:21,23 28:7 168:25 193:ll 12523 12620 89:24 90:6,9 Fm 10:18,22 11:21 31:2134:7 38:lS gotten 156:24 14517 146:13,14 109:18 110:5,23 1223 13:4 a23 45:14 47:25 54:23 167:25 1508'9 156:13,23 111:7,9 126:17 40:Z 44:4 49:12 54:Z 5622 58:22 government 8:8 156:24 163:23 127:21 142:14 6418 100:ll 81:18 1305 132:9 graduated 520 172:18 173:ll 150:19 186:6,8 106:4 107:18,19 133:13 144:13,19 grant 36:4 176:18 177:7 'oar 6:4 1523 109:16 125:s 14423 15516 granted 35:19 41:2 184:25 43:24 44A0.20 126:19,25 137:18 1595 166:6 41:16 16621 fit 17:12 53:15 4513 46:2,3 67:9 137:22 138:3 169:18 182:3 170:3 194:6 67:9,10 13423 142:lO 145:16 1857 188:lO granting 28:13 five 7:19 31:21 fourth 19:19 1545 155:9,13,19 191:4 37:18 38:24 39:13 33238:17 fcagmeatary 37:ll 155:22 161:21 given 18:7 30:19 39:23 14518 Frank 1826 166:s 188:19 3322 36:16 43:8 gmsp 17:12 Bve-minute 1848 Franklin 61:3 198:16,18 43:9 7223 73:ll gray 174:20 flailing 144:12 186:24 Fnnay 168:6 179:13 197:14 great 11:6 102:7 floor 6:20 fret 17:7 27:s for 59:20 giving 42:ll 119:7 146:6 181:8 fluent 145: 12 43:8 57:24 83:ll FURNISHED Glad 1026 greater 101:4 Folk 44:3 46:3 101:16 137:15 198:lO glamorous 59:14 Grisham-like 48:17,18,19,20 138:4,13,2124 Wer4:6,10 glaMxd 34:18 166:20 follow 48:U 92:12 139:3 143:14,15 57:12 89:lO 1254 Glimpse 78:4,18 grossly 111:8 102:16,23 104:21 1447 147:17 12517 12725 Glyn 60:2 6234 12320 119:3,22 120:4 148:16,20 156:4 131:9 143:21 63:6 6420 657 ground 154:20 followed 67:17 freelance 9:8 10:9 190:16 193:17,19 6520 177:18 73:19,19 7520 Freeman 112:lO 196:7 197:16 GlydOa 59:19 group 34:2,9 72:21 7823 79:8 96:7,8 French 167:24 hture 111:17 go 8:lO 92 16:lO guess 36:14 4522 99:14 104:13,14 168:3 18:16 22:18 27:17 659 66:3 108:3 1l7:2,25 118:s frequently 147:21 G 61:lO 72:14 89:17 124:lO 149:lO following 77:7 94:3 Fresh 18518 186:2 game'8:23 92:22 102:3 1024 166:23 1695 146:16 184:17 Friday 151:6 games 94:21 106:lO 109:4 1825 195: 19 riom 520 10:s gamut 124:3,4 112:12 114:14 guest 63:21 follows 55 1153 13:14 26:7,13 gave 18:22 19:lO 117:9 118:8 guidance 155: 16 gun 49:24 125:7,14 helping 110:3 Hopkins 187:4 111:9 152:9 188:lO 195:2 126:7,21 146:18 hen 49:20,23 Hoppity 84: 19 169:18 198:7 147:8 her 3523 44:8,13 Hotel 187:7 inadvertently 58:6 informed 137:16 -- - .. - 49:24 61:20,25 Howard 187:10 inappropriate 172:20 174:12 H - 62:3,19,2163:2 hundreds 167:3 6524 123:21 1945 H 115:23 63:lO 6414 husbands 68:24 MC 1:7 inhinged 156:14 habits 118:22,23 -114:12.14 117:6,6 75:12 incidentally 56:3 intriagement half 32:13 174:19 117:17,21 118:17 Hymn 68:19,20,20 120:24 104:17 106:14,15 192:19 118:22,23 119:4,4 68:21.22,22,23,24 include 20:7 21:17 106:19,20 154:7 Halligan 33:3 120:4,14 123:21 22:6,7.10 23:21 155:2,5,6,11 hand 120: 16 1456 125:23,24,25 47:24 63:2,14 156:14 157:19 197:21 132:20 142:8 6414 99:18 iaftiuges 104:lO handed 37:6 146:18,23,24 11520 1212 106:8 handle 97:6 118:ll 147:4,6,22,25 134:lO 137:21 inherent 51:3 handled 100:19 148:7.8 149:20.20 included D23 138:16 118:13 53:17 54:12 77:3 initial 123:3 157:17 handles 32:20 108:14 126:18 158:13 173:3 happen 160:2 137:18 142:15 inidally 101:21 happened 46:18 I include^ 20:2 169:12 152:18 155:16,18,20,23 ID 198:15 199:2 inchding 57:6 ink 133:lO happy 16:18 18:3 156:2,4,4,5,5,7,12 idea 67:1194:21 147:14 18323 Inner 70: 15 hard 10:18,21 11:2 156:20 193 957 96:24 121:20 1W15 input 163:25 11:10,20,25 13:14 158:7,12 159:18 130:14.15 168:16 income 167:17 Inquirer 9:10 13:25 16:7 44:ll 1643 176:21,22 im,j178:~ incomplete 79:12 insofar 106:13 4423 166:8 181:13 195:10,17 180:22 inconsistent 1l8:Z insoired 8515 167:19 174:7,17 19517 identical 13:25 incorporated 186:3 198:16 hereinbefore 14:5,9 183 income3 17:20 hard-cover 10519 197:12 19:16 66:17,20 34:1179:7,10 instances 43:18 Harriman's 107:2 hereunto 197:20 67:6 86:24 955 174:lO 66:11,13,15 87:9 hash 191:ll Hero 102:6 96: 19 97:25 inamions 8:7 116:22 117:3,24 hate 17:24 68:19,2C Heroin 1025 t01:24 indeal 27:s 118:3,4,8 119:14 68:2131,22,23,23 he& 26:19 identlcolly 67:2,8 indentation 21:17 120:20 176:19,22 68:24,25,25 69:3 117:20 118:17 992334 96:12 httad 5511 72:20 73:2,7,9,19 1553 156:7 identillcation 10:24 insffoctlng 17125 73:24 74:3,7,11 her1On 59:20 135 29:25 30:4,7 41-14 129:13 intact 1522 74:14,21,21,24,24 H%giedy 49:20,22 30:10,13,16 52:16 13214 integrate 76:12 75:7,8,10,11,11 50:2151:11 1W:6 7022 8413 index 1:5 97:14,15 intend 91:21 75:12,12,13,22 1W:8 124:22 12823 1778 178:3,4,19 idtent 2425 96:14 76:8.16.2177:7 Highland 1365 137:6 140:24 179:3 96:15 hlm 16:17,18 21:21 141:3 163:17 indicate 559 htercbangeably 21:22 26:22 31:17 17525 180:ll 18925 191:12 147:20 148:2,6,10 78:2,5,17,21,22 31:17,22 32:14,21 18414 indicated 37:lO interest 26:3,14,16 78:25 79:8,10,17 33531 34:6 identided 22:17 56:15 112:15 134:4 79:20 80:14 83:21 53:21,23 82:2,6 80.11 141:7,12,25 interested 150:21 83:2197:21 86:14 113:3,11,12 identify 16:9 46:13 18512 1953 150:25 161:ll 100:17 101:6 13325 151:18,19 46:24 47:7 58% indicates 111:19 16418 197:19 102:9,9,20'115:16 1654 17125 6923 128:20 iwlices 61:9 interpret 134:9 115:21,23 116:ll 181:15 182:13 id- 59:3 in- 194:1216 interpreted 134:12 116:17 120:25 19424 identitie8 43:U) individd 26:W inttmqatorics 121:2,4,5,5,6 , Hirnmclrich 29:8 II 171:2 54:lO 5517.18 16:16 23:1143:9 122:20 137:15,21 32:18 33:1138:21 ill 5414 97:22 98:lS 120.9 48:3,4 49:9 63:ll 138:24 147:18 39:17 41:19 Illtaob 5:23 1365 68:8 107:7,17 l68:4 la21141:2,19 136:s 136:13 137:s haunting 1353 141:20 143:3 bdon 825 16123 199:ll having 5324:2 17823 179:7,12 iUustrrtion 122:22 industry 157:14 interrogatory heading 70:lO 181:9,11 18421 imgbrg 1456 inept 144:15 1722 22:19 4515 84:lO 199:14 -tell inexactitude 646 45:20 48:24 51:15 headlines 90:24 hinges 14521 126:24 150:21 infancy 169:6 52:23 54:16 5510 hear 152:19 162:7 Hippity 84:19 153:9 inferring 1454 58518 59:12 heard 452.5 historical 13723 impending 161:20 inform 5023 51:8 66:lO 68:4,9 Heamt's 63:21 history 8:16 187:7 impomace 138:13 5520 64:18 142:8 80:19 83:lO 94:24 Hecht's 187:lO hold 113:14 important 161:3 158:22 1905 107:15,16 108:23 Heights 136:4,4 holding 39:7 imposed 123:18 informal 29:18 112:4 1245 held 2:13 27:21 holographic 2419 impossible 119:6 37:18 42:8 136:16 139:19 Hell 18518 186:2 25:12 120:14 infomation 110:25 interrupt 233 help 4516 122:6 home 512 imprint 129:2 15656.6 166:16 11519 134:15 161:4,8 honor 59:9 improperly 108:13 173:7 174:8 interrupted 803 166:24,25 . hope 93:21 106:21 improve 178:Z 182:21 183:3,7,11 Intimote 78:4,18 helpful 46:ll hoping 193:22 inaccurate 18:7 183:17 186:21 introdace 113:6 9 introduced 151:8 1237 127:12,14 36:14,17 124:9 learned 125:4 151:17 130:7,20,24 128:17 141:8 126:9 introduction 13:23 131:16 132:s K-k-k-Katy 48:15 least 14:25 19:3 13:24,25 49:13 134:18 137:13 55:13 108:8 3521 1143 50:14,18,22 513 139:8 141:10,22 ---- leave 87:14,17 64:7 146:ll 186:3 145:12,24 152:7 L 89:18 123:23 187:24 161:2,12,22 L 5:2 115:2 190r8 inventory 177:lO 163:20 168:16 La 99:9 leaving 51:lO 67:17 178:11,21 174:4 180:21 label 138:25 190:23 142:6 189:19 investigated 15.52 181:14 183:9,12 labeled 136:ll- i lectured 10:2 invest&g 10:15 184:4 187:21 183:24 ' led 125:17 investment 7:14 190:4 191:6,11 Ladies 59:25 60:16 j left 64:22 70:15 invite 156 192:6 194:24 65:19 108:13 1 87:20 91:23 156:7 invoice 36:10,12,13 19515 laid 150:9 j I en-hand 71:3 36:21 lustice 144:9 Lampack 124:ll 84:23 involve 21:8 uxtapose 76:7 124:21,24 128:13 egal 9:3,22.22 involved 159:23 uxtaposition 138:3 151:18 168:25 26:21 32:19 815 161:ll 162:21,23 172:20 180:7,10 82:2,5.8,12 86:lO 16511 166:20 , K 180:15 182:22 86:ll 104:25 192:12,15 193:12 Kaufman 186:25 18424 185:6 140:17 164:16 involvement 1954 LiaGdr- 187:8,9 199:8,17 1695 182:17;19 involves 113:U lane 445 149:14 ceep 1522 18:3 land 9:20 190:12 191:18 involving 161:21 . 151:21 8425 97:14,16 Landau 7:6.17 egally 159:22 irrelevant 124:16 lanuary 70:18 1659 171:22 landmark 1'9514 end 24:20 issue 132:18 133:2 184:18 1852 191:13 19516 engthy 13:24 147:18 152:12 lAsKIEWICZ 3:9 ceeping 36:25 Law 48:16 5514 189:23 issues 9:20 41:U 17:4 131:13 rept 44:23 87:22 10%8 ent 141:8 61:10,14 1165 JFK 1:6 87:24 9125 language 41:15 ess 59:17 117:15 133:21 134:14,15 JOB 125 lrind 6:15 7:7 20:16 147:6 148:7 179:16 item 17:15 18:12 join 160:3 26:17 104:4 151:ll 188:8 et 9:2 13:12 14:13 28:ll 42:23 49:7 joint 114:11,11 11525 large 120:U 21:12,13 23:3 49:11,21 50:2,12 142:6 ldnds 152:6 larger 24:14 170:13 27:18 31:8 32:4 50:21 51:9,11 iot 9:24 hew 28:4 1357 lariat 49:25 37:8 40:3 49:3 59:8,16 60:2,2,16 Joarnal 9:6,11,12 how 8:20 21:12,14 last 14:U,25 34:2 58:12 60:8 6425 62:14,15 63:4,9 9: l4,17,19 23:8,16 28:17,23 98:17 163:3 164:3 68:12 70:6 72:6 63:15,22,24 64:2 journalism 10:3,43 31:8 32:4 36:16 176:18 18411 81:19 9510 99:11 64:9,19,20,22 166:2 36:19,22 38:ll 189:21 193:2. 100:7 108:lO 65:19,20 68:9,10 joumaUst 10:8,11 39:10,13,16 41:4 19511 112:8 124:7 125:2 68:11,15 71:5,6,7 Joy 140:17,23 4125 46:13 53:18 late 28:19 61:18 129:24 131:16 71:10,14 72:16 199:12 59:7 79:U 81:20 later 26:19 43:25 133:12 145:15,16 73:17,23 74:2,13 judge 112:lO 1446 81:22,23 82:8 44:6,24 45: 1 1 16524 169:24 74:U 75:6,8 845 14521 89:24 90:5,15,17 115:lO 118:18 180:18,23 195:17 84:8,11,14.18 judgment 51:s 90:18,19,20,22 1705 letter 24:16 El2 85:6,15,16 8822 53:14 76:6 79:16 99:22 1Ol:Z lahum 2:14 3:12 28:ll,l2,13 29:24 91:2,23 96518 95:12,19,2196:18 107:4 115:11,22 latter 63:16 96:8 30:3,6,9,12,15,21 108:12,15 115:9<9 137:17 120:5,8,10,12 law 519 6:7,15 7:7 31:3 32:5,8,12,14 118:13,13 119:12 judgments 116:7 121:lO 123:9,10 7:22 9:11,14,17 32:17,21 33:3,5 122:17,U 127:2,5 117:12 120:17,17 130:12,20 131:3 10:3,10 82:21,U 33:10,13,20,21 131:16,17 132:6 Julie 62:9 135:6,6 142:3 16521 34:3,6 38:21,23 132:17,25 133:7 Jab 30:13,16 33:lO 144:11,18 148:3,7 lawsuit 16:lO 39:4,6,20 42:7 133:19 134:17 34:3 130:5,6 148:22,2!5 149:4,5 153:18 154:7,17 446.7 53:7 61:4 13512 139:12,17 198:24,25 149:9,10 150:3 160:12,13,15,17 67:12 68:10,11,13 13923 14356 jurisdictiolw 525 152:25 163:8 160:20,21,25 69:9,17,19 70:7 144:7 la18 just 5:9 6:21 13:9 164:22 16513 161:6,1120,20,25 70:23 71:11,15,19 185:2,4,5 l99:6,, 1518 18:8 23:6,7 168:2,7,15,16 162:19 19323 72:2,8,15 80:12 items 28:17,22 295 26:24 2722 37:s 171:14 172:25 194:10,20 1954 80:13 87:21 88:12 . 29:8,9 43:11,14 41:12 4517 46:ll 173:9,10,18 174:3 lawyer 517 10:12' 88:15 91321.24 44:16 453,513 47:19,19 48:22 1756 179:6,9,15 30:20 31:9,11 995.13 103:21,22 45:16,22,24 46:2 51:14,20 52:12,18 180:20,21 181:7 70:14 154:12,13 103:U 107:21 46:6,14,25 47:7 52:22 53514 182:6 183:13,22 1632 164:15,15 114:ll 124:8,10 47:12,13,20 48:24 54:8,2155:9 190:4,4,18,25 176:14 124: 14.20.23 50:24 51:16 52:24 62:17 6423 6511 191:8 194:3 lawyen 6:20 16:15 126:9 140:16,19 53:6 54:1722 78:8 8&20,21,24 195:17 33:1136:17 176:4 140:21,22 141:2 56:2,17,23 57:4 81:19 87:15 88:20 knowledge 32:6 layout 21:6 100:19 142:7 143:2 163:3 57:22 58:15,25 91:24 97:11,11 91:3 16518 104:4 113:U 163:6.16,20 59:5,6,21,24 60:6 98:25 102:lO 178:15,16 179:3 lays 4923 170:22,24 171:8 60:14,20 61:7,15 103:4,5 1053 179:16 191:18 lead 62:18 160:4,12 171:15 172:14 61:19,20,24 66:13 1l2:24 1l3:2l knows 179:12 Leader 48:21 175:24 17658 66:15 67:2,8 119:16 122:14 ffiwr 31:ll leafed 107:3 178:18 180:5.5,9 180:14 182:2,8,20 1 145:18 17512 Los 5:11,21 7:3 18521 189:3 34:21 132:16 184:17,20 189:21 , he-by-line 115 9:11,16,19 136:3 makes 70:4 132:ll 185:25 186:6,8,12 198:20.21,22,23 : List 46:18,19 47:12 150:13 making 18:ll naterials 186:lO 198:24,25 199:8 1 47:15 495 56:17 lost 10:19,22 12:24 60:12 10423 natter 23:24 45: 17 199:12,14,15.16 77:3 80:16 99:21 13:4 137:19 115:12 118:lO 47:22 51:4 73:17 199:17 ! 108:11,11 110:16 142:lO 171:4,5 122:2,22 182:17 73:22 123:16 letterhead 33:18 1 _110:16,18 12313 198:16,18 man 48:18 143:22 139:18 164:22 124:ll 128:ll 175:8 183:7,7,9 lot 6223 119:2 159:9,10,11 171:23 197:19 letters 255 29:19 ' 183:12.17 187:13 133:17 manner 59:3 95:s matters 153:lO 33:23 34:17,19 listed 107:6 1258 Love 53: 10 107:24 120:3 176:21 Maude 122:24,25 3523 37:14,15 127:4 Lover 1U2:7 manuscript 100:15 Maugbam 49:22 72:ll94:12 95:7 j Listing 179~3 lower 21:8 11524 1W22 130:2 50:4.15 103:18 1145 : Listings 180:19,19 12123 122:13 151:2,8 152:12 141:11,18,21,24 1 181:21 123:2.4 128:7 177:9,24 178:2,3 142:3,6 176:13 ! Lists 181:4,7,8,12 toyoh 520 178:20 may 4:11 12:12 185:10,12.21 1 181:18,24 182:4.7 lunch 100:7 106:22 many 6:3 7:16 18:23 24:8 37:15 let's 10:17 13:2 Luncheon 111:13 38:22 61:6 101:17 3723 43:14,15 21:9 25:16,17 107:4 116:22 45:7.7,17 60:8 28:16 55:9 57:15 titerary' 138:~ 12521 149:7 64:20,20 67:15 59:s 6525 67:25 172:20 174:24 161:2 173:13,17 ma94:22 112:20 70:12 72:20 74:6 17510 184:19 173:22 181:8 114:13 11524 76:20 83:6,14 literati 6155 . made 17:14 18:16 186:ll 129:ll 13323 84:6 89:20 128:4 literature 12:9 22:12 2325 24:2 MARBURY 3:4 158:6 128:24 136:9 70:18,21 134:13 24:5.6,9,24 26:lO March 30:4,7,10 maybe 36:18 58:8 140:13 146:lO 144:19 147:15 31:12 43:22 44:6 31:4 32:17 33:2 144:19 173:4 162:25 163:13 1995 58:13 62:7 63:13 38:24 140:16,23 177:24 191:21 173:3 17522 litigation 7:10,11 67:21 72:2 73:16 141:19 142:7 19513 180:4 184:7 133:22 154:ll 73:24 76:24 78:3 143:2 198:21,22 mccabe 3:8 16:21 libel 9:10,21 16512 192:12,16 79:4,13,2180:4 19823 199:13 17:3 19:24 21:20 libraries 135:14,20 192:18,19,20 111:20 11524 Marching 48:8 2125 24:8 26:20 library 28:9 29:22 193:9,13 19516 116:21 11723 554 108:6 26:24 37:4 38:7 2922 33:4 42:2 Uttk 8:19 13:22 118:2 11922 Margarti 18625 38: 10 40: 19 46:8 109:25 135:15,16 672.5 74:17 8424 121:8,21 1239 Marian 185:15,2S 49:15 51:25 56:ll 135:24,25 136:3,3 85:s 168:22 128:2 13822 186:13 188:5,19 5623 6513 695 136:4,5,6 169:24 174:15 151:7 154:16 mark 13:2 23:7 70:2 75:3,15 79:2 licensed 41:lO w 3:4 , 158:6,9 177:2 2923 52:8,10 7923 8&24 81:14 Licensing 29:7,11 locate 110:3 180:16 194:16 67:19 70:12 846 81:25 82:ll 86:9 39:18 location 99:13 Madow 59:7 60:2 1l6:24 117:2,9,10 972 98:2,18 liebowitz 2:14 3:12 113:24 63:3,15,22,24 117:16,16,17 9925 101:18,25 life 51:14 60:13 lodestar 1l8:l6 64:2,9,22 1185.7.9 119:lO 102:12 1056 72:25 73:5,10 logical 120:2 Madodsitting 120:ll 1247 106:lO 109:3 76:lO 79:6 80:s Lois 184:19 59:9 128:4 136:9 111:16 112:5,14 83:22 119:12 London 12:3 magdne 2823 140:13 163:13 11217 113:3,13 light 143:21 14519 long 4422 48:10,10 73:2,6,10 76:4 17522 17620 113:17 114:8,15 like 514 21:16 226 5512.12 108:7,7 80.6 83:22 119:12 la4187:6 114:1$22 118:19 37:15 41:16 59:18 13525 149:9 magdnu 90:23 marked 10:20,24 128:14 13323 60:lO 68:s 70:18 151:12 189:12 12$11 126:18 135.9 2925 30:4 136:17,22 139:24 97:lO 100:3 longer 9:17 mgbtRte 112:lO 30:7,10,13,16 14325 1458 101:14 1156 look 17:7 30:18 114:12 1725 325.22 335.14 150:2 151:25 128:19 131:4 32:3 38:20 43:8 mail 166:19 52:16,18 70:21,24 152:15 154:18,21 132:8 142:3 57:24 63:15 89:20 rmia 5423 8412 124:21 15424 156:16 143:21 15514 101:16 107:7 mainly 7:8 181:9 1258 128:18,22 157:7,13 163:3,11 172:9 190:21 111;5 129:7 194:21 1376 144323 164:5.9 1654.16 Likely 39:19 12923 134:17 135:12,18 maintained 133:lO 141:3 163:17 168:19 171:10,13 limited 170: 17 141:9 14225 main- 76:8 170:23 174:22 171:18 172:2,5 1752 172:15 177:6 mqjor 8:8 17525 176:3 174:4 17517 LINDA 1:24 2:16 180:12 185:8 majority 168:12 180:ll 184A3 197:8,24 188:2 make 15:7,8,21 marked-up 111:17 line 14:12,12 21:4 looked 37:2 43:16 17:23 20:4,14,17 markt 174:25,25 22:s 35:22 62:22 47:16 53:14 70:24 23:17,20 448 175:8,10 191:14 192:6,9 74:13,20,23 754 1059 110:21 51:14 71:22 7520 marking 70:13 193:2,17 196:9 75:7,10,14,19 148:8 76:2 79:21 82:6 marks 117:9,14,15 198:4 76:17 88:21 94:13 looking 23:7 61: 14 116:7 117:10.12 markup 1895 McGraw 8:22 99:9 122:24 11O:lO 132:lO 120:16,17 121:14 mamiage 197:18 Meade 185:15 14422 14518 136:ll 141:13 130:25 131:20 Married 53:8 186:13 188:5,19 146:5,6 165:17 143:3 134:8,2!5 1359 107:22 Meade's 18525 - 171:ll looks 34:ll70:18 136:22 139:13 mass 17425 1757 mean 9:24 18:6 lines 24:17 114:6 Lore 443 46:4 141:16 156:8 Master's 10:s 5623 7923 116:3 1342 48:17,19,20,21 157:6 178:8 material 3 l:l7 101:19 107:9 175:17 177:24 nisnumbered 557 movies 68:2175:6 181:2 196:16 19723 meaning 177:8 nisprinted 33:17 758 1215 ied 32:17 33:lO ote 152:15 165:16 means 954.1923 aisread m12 doving 86:21 38:21 140:21 oted 111:15 152:19 177:19,20 nisreading 39:3 153:16 141:2,18,20 196:lO 178:2 nissed 109:19 much 10:18,22 17823 184:21 otes 158:6,9,11,12 meant 21:21,23 135:4 11:21 12:23 13:4 199:14 lothing 22: 14 25:lO 182:19 nisspoke 141:22 40:23,25 44:4 reed 16:23 22:24 37:16 82:24 183:18;19 nistake 127:13,14 49:12 64:18 23:7 113:3 123:22 132:10,22 134:3 meeting 153:6 127:15,17 141:16 100:lO 106:4 165:6 189:23 139:16 140:9 Meetings 48:8,10 nisunderstood 107:18,19 109:15 191:lO 163:ll 48:12,13,15,16 16:6 22:2 94:22 110:17 120:2 ~eeded6:20 27:8 lotice 2:16 103:3 55:4 nixed 138:6 123:12 124:2 27:lO 35:9,13 189:16 Mehren 445 noment 11:18 1255 126:18,25 40:9 loticed 78:7 149:14 151:21 " 20:22 23:4,23 133:13 137:18,22 regotiated 168:25 lotifled 154 memo 18423 1855 39:21 127:21 138:3 142:3,10 regotiating 17516 lot* 112:9 Memorial 28:9 139:8 14516 147:15 regotiations lotinn 26:25 33:4 150:14 Monday 151:4 148:15 149:7 151:20 ~otwihstandin~ memory 16:19 43:7 noney 1512 1545 155:9,13,19 reither 65:19 1415 15:21 58:4 60:13 194:15 15522 161:3,21 14512 169:25 ~ouns24:19 memos 18510 nonica 3:8 13524 166:8 167:7 qovember 84:9,12 Men 53:7 77:ll . 163:2 1642 168:14 174:19 197:21 199:7 ' 107:22 Monody 53:8 188:19 190:ll 1195 1356 rowhere 188:9 mention 4522 ' 107:22 191:8,17 198:16 15625 173:lO lumber 7:18 11:17 112:8 132:16 Montana-Vermala 198:18 183:20 31:lO 32:2 33:13 134:2 13923 99:9 Mugar 28:9 29:22 new 1:2,16,16 2:15 51:16 557 57:6 185:23 194:12,16 month 14:20 33:4 2:15,17 3:7,7,15 67:11,18 83:14 mentioned 4513 months 14:25 152 multiple 87:lO 3:15 523 655 84:7 87:23 88:25 45:U 65:2,20 153 130:7 166:19 163:15 28:22,23 29: 11 89:16,25 91:24 72:7 82:16 108:4 19513 multiplied 190:24 60:23 615 66:22 96:24 122:9 124:9 1852 194:17 Moral 87:6 89:22 multi- billion 67:3,6,23 84:8,12 124:19 141:6 mentioning 654.6 90:11,15 91:6 161:13 952 96:13,17,17 143:4 166:9 133:15 141:17 92:6,8,11,13,25 Musical 102:4 131:14 140:18 183:12 184:25 Medth's 186:25 102:7 12223 myself 57:12 141:15 142:8,16 185:3,4 199:8 merely 87:14 99:13 more 8:19 1322 109:18 111:7,10 1759 197:4,6,9 numbered 945 merit 16511 16:14 23:12 29:18 160:9 1922021 199:6 numbering 91 :24 merits 14522 29:19 43:3 4518 newspaper 60:22 mumben 31:2 message 143:16 54:7 56:215917 60:23 61:7,14 92:12,21 94:8,25 Messn 843 859 60:2162:3,4 newspapen 90:s 95:3,25 96:10,21 met 150:8 151:19 63:1167:25 84:24 126:17 97:24 166:ll methodology 6522 89:14 90:2 97:14 198:2 next 16:lO 57:15 1845 65;23 116:2 120:2 NAACP 29:7,12,16 75:6 114:18 numeral 88:7,9 microfilm 43:14,15 123:12 133:9,17 32:18,20 33:ll 89:12,13 91:21 mid 61:18 145621 146:5,17 38:5,8,15 39:17 numerals 89:9,15 mid& 12:16 128:7 151:9,11 1W2 39:18 40:12 42:lO midway 109:22 ' 161:3 16410 181:10,23 150:22 163:13 Midwestern 5 1:24 165:25 17323 &e 90:8 17522 177:6 0 111:1G4,14 might 23:24 458.8 174:2,18,19 name 5:8 48:6,6 180:4 oath 4:13 112:3 51:9 64:11,18 17725 179:3,10 5822 61:15 67:17 nick 59:lO 137:8 138:12 74:2 89:13 W20 17919 184:9 156:13,24 159:8 niece 62:ll obiect 19:24 26:20 103:2,3,11,13 ,. 1922 170:12 183:12 night 163:3 164:3 10517 106:2 Morky 84:3,18 nawd 7:6 95:s 18921 70:2 753 79:2 123:22 1243 85:2,9 14217 namely 7522 nine 1254 81:14 86:9 98:2 136:7 150:12 1435 names 29:4 44:12 nomind 27:U 1056 106:lO 156:24 15725 morning 57:lO 46:6,14,25 47:20 none 18:24 19:16 109:3 118:19 161:15 16524 . 163% 47:25 54:22 58:21 60:8 62:s 153:3 139:24 1458 170:20 most 29:lO 50:lO Nash 68:12,13 70:7 187:20,21 198:lO 150:2 152:2 million 174:19 61:16 89:7,8,8 70:U 71:11,16,20 198:12 154:18 156:16 mind 21:1143:21 95:21,22 116:8,2( 72:16 80:13 99:s nonetheless 175: 19 168:19 171:lO 114:17 120:14 , 117:8 118:2 147:f Nathaniel 18623 180:3 19Ck20 177:12 191:14 . 13513 161:16 147:10,13 177:9 National 8:5 9:5,10 non-book 169:7 objecting 154:19 mine 1515 48:12 178:11,20 9:11,14 non-chrowlogical 177:15 5513 108:7 Moetly 7:lO natural 172:8 101:19 objection 16: 11 minor .67:14 77:17 motion 7:9 171:19 Naturally 31:s non-cocoon 91:22 26:25 75:16 78:16,21 MOTIONS 198:12 nam 17:15 18:17 152:15,16 154:22 minute 21:13 37:2C mouth 6511 20:6 154:10,15 16517 171:13 minutes 98:17 move 57:15 67:s 155:6,10,15 156:Z Northwestern objections 4:7 81:9 120:13 72:20 16225 neatly 138:9 136:2,2 obscure 145:20 minutia 133:13 moved 105:18 necessarily 9:24 notarhi 13625 obsolete l17:4 mired 107:14 106:2 24:20 27:20 44:1! notary 2:16 54 obtain 27:8 29:6 obtained 27:15 Dries 6:2 34:19,20 78:24 79:9,18 29: 11 46:4,17 47:24 86:25 87:6 89:21 obviously 12:6 54:1198:25 90:14,25 94:ll 13:17 78:16 101:17 1369 96:12 108:18,21 110:17113:6,7 15023 192:14 P-- _- 1 lO:l3 116:22 122:ll ~nly1 l:9,l2 40:24 P 3:2,2,8 61:3 118:16,21 119:22 occasional 22:7 -43:24 4420 51:25 186:24 123:20 125:lO occasions 76:18 92:2 100:21 page 115 13:15,17 126:lO 132:18 177:3 105:23 1l9:2O 14:9 21:6 4515 137:20,25 138:15 occupation 10:13 144:21 152:21 45:19,20 48:2,24 142:10,12 146:17 occurring 9:15 168:4 182:18 49:12,14 51:15 147:21 176:20 October 1:17 2:7 183:6 188:6 190:6 141:19 142:17 54:17 5510 585 185:17 186:2,10 99:18 163:4,17 000 3:22 4:16 145:6 150:9 162:2 63:16 68:3 80:20 186:21 198:17,19 175:25 1765 open 189:19 190:8 162:3 167:20 83:ll 84:9 10521 199:3 199:15,16 191:13 168:9,23 181:3 105:23 108:12 Parker's 259.25 OED 143:23,25 opened 122:14 186:9,19 188:12 128:7 136:19 26:17 42:12 47:4 off 42:14,15 46:8 opening 73:22 188:18 189:8 142:25 143:4,23 53:2 60:21 87:14 46:lO 126:4 115:15 190:21,25 192:14 143:23 14515 111:21 115:14 149:18,19 opinion 47:3 53:12 19623 146:10,10,14 150:19 177:lO offer 44:6,7.9 161:8 57:ll 154:25 others 40:12 57:9 172:15 173:ll 178:11,21 181:4 offhand 6:2 22:14 158:15 182:19 60:s 80:21 136:7 176:17 18723 182:24 omce 7:17 77:14,18 opporhrnity 4514 138:22 139:4 19519 198:3 part 8:18 22:12 77:19 78:2 oppose 67:12 otherwise 44:1224 pages 50:13 103:lO 56:9 63:17 66:8 omcer 4:12 39:18 opposed 59:13 954 16512 103:14 141:22 69:12 72:3,4 74:3 ofllces 2:13 67:16 153:13 170:18 paid 110:18 160:14 74:4 76:3 78:8 often 6023 61:6 oral 149:21 ought 114:15 160:16 81:lO 8223 83:3 W22 14520 orally 130:14 out 6:21 18:9 21:16 pain 1045 998 104:16 Ogden 68:12,13 oranges 138:6 31:2132:8 35:11 Pal 48:12 5513 10514 106:6,17 70:7,23 71:11,16 order .68:9 92:22 4414 50:9 61:7 la7 109:14 117:8,17 71:20 72:15 80:13 94:3 100:11,16,18 62:4 64:22 93:22 paper 42:8 6025 121:8,13 127:6 99:s 101:2,3,19 102:16 101:5,6,15,18,22 61:8,11 128:7 131:6 Okay 11:19 153 102:U 103:11,12 103:4,11 105:19 paperback 12:22 138:24 174:22 22:20 42:19 74:12 105:3,10 109:19 112:1220 133,8,10,13,24 176:18 18393 1l4:9,22 149:s orderly 46:U 114:12 117:22 14:1534 156 187:24 188:25 Old 48:12 5512 organization 122:17 127:3,21 16:23,4 127:19 193:2 108:7 194:14 129:4,15 131:lO 169:2,4,10,12,23 participate 154:2 omitted 55:ll orighl 20:15,17 141:21 150% 170:3,7 173:16 partfdwtion 136:21 20:20 26:8,18 151:16 157:19 174:9,13 198:18 194:19 once 153:8 33:19 49:17 50:8 papers 31:13,23 particrrlar 595 one 8:16,17 9:20 50:14 68:14,17 60:9,10 131:lO 64:15 88:22 9223 17:14 18:lO 19:3 77:20,23 785.17 outcome 19219 1m25 117:17 118:7 23:25 24:9 2516 78:19 875 88:6,8 outlined 108:23 paragraph 38:s 132:12 15223 33:ll 3523 37:15 88:14 91525 outside 37:21 1253 145:17 153:2 41:16 42:24 49:6 96:19 99:12 152:18 15723 146:14 172:16,19 particularly 1515 505 54:8,24,25 111:21 121:7 158:7,10,15 159:7 174:21 176:18 24:19 9423 558 5625 58:22 122:15,15 126:ll outstanding 131:21 1776 partia 4:4 40:8,11 59:6,16 62:18,25 126:12,17 170:4 1349 13914 parent 161:15 42:9 68:20 74:U 69:4 70:7 72:9,10 originally 49:17 out-.ndsot 127:14 194:14 7424 1215 73:12 74:3,4,7 76:9 9224 1255 127:15 parentheses 885 19217 80:22 84:2 91:lO 125:lO 12622 over 16:12 18:16 88:10,16 89:ll parb 96:21 91:19 92:14 100:3 150:ll 28:6 31:11.16.17 97:9,16 party 151:18 103:7,15,17 origin& 24315 98:17 112:7,23 Park 1365 pnaa 19514 10523 106:21 126:U) 11825 128:17 Parkcr 8:1110:19 pa8aage 59:8 1105 112:11,18 ostensible 357 129:12 130:13 10:s 12:24 135 Passionate 53:9 113:23 115:18,21 ostensibly 875 134:18 151:19 14:4 18:19 193 107:23 11522 116:24 99:14 168:14 170:7 19:17 243 2519 psst 173:lO 117:18 118:ll other 5:14 6:19 173:21,2S 1742 27:9,14 34:21 pay 1m20 120:24 121:10,23 8:12,14 9:22 174:16 176:14 35:2,6,18 36:2,6 pay& 160:12 122:16 123:6 10:11,11,12 14:6 1m25 38:6,25 39:14,24 pecuniary 62:3 127:3 128:16 17:24 18:Z 19:17 overall 66:7 84:lO 4&6,14,18 43:lO pedantic 60:24 129:lO 131:U 20:24 2123 22:4 96:24 101:ll 456 49:18,21 107:13 136:7 141:16,18 22:16 27:s 29:8 own 25:18,20,23 50:8 52:4,6,11,15 pendl 158:12 142:16 14422 31:13 34:21 37:14 26:3,4 54:9 9518 57:18,24 58:3,16 pending 179:25 145520 151:9 37:15 46:4,17 109:21 120:17 60:18 61:6,16,19 penguin 1:7 56:3 15524 157:14 47:12 53:2 56:7 121:15 147:223 61:24 62:16,24 78:20 104:20 - 161:2 164:lO 56:17 5823 59:20 152:18 179:2 63:4,20,23 645.9 105:21,24,25 1653 179:4,10 62:18 67:18 69:20 18723 64:2166:13,15 106:s 155:8,12,18 181:3 186:4,11 69:21 71:22 78:18 owners 27:11,13,25 68:7 69:19 71:7 15521 156:14 188:7 189:4 192:6 8014 86:2 88:25 28:2 71:16,19 77:24 161:14 193:ll 194:8,15 64:17 73:18 188:7 110:4 111:21 mernpt 153:24 62: 13 people 7:16 27:25 189:13 113:U 115:14 >refer 1522 6512 wofessionals 28:2,4 29:14 62:8 )laced 258 99:15 117:21 118:17 97:8,11 l78:25 100:19 130:13 124:9 122:4 125:4,21 . >references 118:25 ~rofessor144: 18 141:12,25 147:9 )laces 19515.16 126:ll 132:19 119:4,5 123:17 ~rofiting165: 10 147:10,13 148:15 'laintiff 1:s 2:12 133:4 137:16,20 >referrno 59:19 1rofits 171:4,5 149:7 150:16. 3:5 137:16,21 138:3,15,17,19,23 preparation 109: 15 190:17 153:17 185:12 138:2 142:10,11 143:9 prepared 99:7 >refound 146:7 per 3822 10523 'laintiffs 23:lO 147:9 168:4 181:4 13010 1359 mletariat 49:25 110: 18 107:16 136:ll 181:lO 182:12,25 181:7,8 182:14,24 prominent 59: 15 wrcent 193:14 137:3 1635 171:4 183:4 198:16,18 preparing 142:9 ?romotional brfectly 18:3 70:4 199:lO poetic 144:16 present 3:19 133:14 134:4,13 171:22 bned 158:20 148:21,23 107:ll 114:20,21 140:lO performed 19:20 dmnhg 120:7 poetry 67:22 192:12 ?romotionaUy blates 1519 14422 145:19 pmw~13390 133:15 ,lay 94:20 147:22,25 148:3,5 pressing 112:12 >roper 24:19 period i12:13 hyed 8:24 148:15 149:3 presumably 131:22 108:20 163:9 116:25 117:15.25 'laying 4521 485 177:lO 178:12,21 164:4 ~roperly18:19 permission 28:14 48:7 553 108:3 181:13 presume 90:6 54:ll 57:18,23,25 34:20 35:5,14,17 )lays 18:9 point 29:19 42:2 1035 181:25 58:2 60:18 62:15 3519.22 36:2,5 )lease 29:U 39:2 43:24 55:6 6415 presumption 51:13 99:15 108:21' 36:20 37: l2,l3 72:14 84:7 109:9 87:13 100:2 5524 123:19 385,1525 39:14, 131:18 141:9 116:25 1185 pmtQ 33:25 1242 proportion 101:4 39:24 40:7,13,16 156:21 177:7 120:12 126:8 124:4 1956 proposed 154:ll 41:8 42:9,11 193:3 131:16 152:24 prevail 171:18 prose 143:18 181:lO pleased 8524 171:14 1-4 prevailed 193:13 148:19 permissions 27:9 193:7,8 pointed 1273 previous 33:22 pl'otectable 182:7 27:10,15,24 28:21 piua 102:12 points 1865 348 36:4 61:17 182:25 183:11,14 29:14 36:lO 40:lO poem 17:16,17,21 pomposity 14521 73:24 7515 91:16 183:16 person 61:s 150:8 17:25 18:4,4,13 Porch 102:4 125:24,25 1265 protected 182:15 150:lO 156:lO 42:23 43:4,5 505 1454 1959 protection 57:3,17 personal 53:16 50:16 51:lO 54:4 previously 61: 12 prove 1755 56:14 118:22 56:10,20 67:17 portion 137:14 7521 9514 1W4 provide 38:3 90:24 152:18 71:3 757 85:s 170:14 110:23 120:8 95:4 111:16 persuade 49:24 103:13 10523 posed 1345 126:5,16 127:4,11 14513 146:7 persuasive 63:12 108:16,17,22 position 26:9 142:ll 161:13 161:8 166:6 Peter 124:11,21,24 1lO:6,l8 1l5:8,9 pssession 113:8 primarily 16:8 181:12 128:13 16825 12313 143:12.14 189:9 104:23 provided 66:16 172:20 180:6,10 143:14,15 1447 ~oesibilltieJ4422 print 50:9 172:19 67:4 69:9 70:8,14 180:15 182:22 14424 145:s 173:2,3 174:13 71:ll 77:24 80:15 184:24 1855 147:lS 148:18 printed 31:21 32:8 80:19 81:5,12,22 199:8,17 poems 10:19,22 141:20 150% 83:2,19 84:7 859 Pettlnga 30:24 31:4 12:24 13:4 14:4 110:17 133:14 174: 16 862323 90:-15,21 34:4 41:19 111:2 18:18,24 19:2,7 194:19 printing 11:1120 94:11,14,16,19,21 172:14 17493 19:12,15,2135 poseibiy 191:2 173:15,18 174:9 98:16 99:6 112:25 17517 23:18,20 24-3,7 Post 28:15 29:17 printings 11:18 132:3 176:4 phase 16:ll , 2519 26:2,17 30:23,25 31:s 166:15 173:13,14 180:19 181:14.21 phone 41:18,24 27:9,14 28:16 34:4 40:12 42:lO 174:s providing i 10~15 i14:ll 130:13 29:8 34:20,25 110:8,13,15,22 prior 21:25 92:14 180:20 156:ll 158:s 35:6,14,18 36:3,6 111:2,3 172:15 privilege 154:20 provision 16515 162:15 19513 38:6,9,10,16 39:2 potential 1954 probabty 2514 16521 photocopied 1573 39:15,19,25 4436 practicll 123:16 327 45:6 63:lO provisions 38: 18 157:4 40:8,14,18 41:21 138:4 108:ll 14511 pseudonym 61:21 photocopies 4322 4212 43:11,17,19 practice 522 6:18 151:6 177:9 110: l2,24 phrase 17513 4325 44:17,19 6:22,22 7:2,9,20 178:10,20 186:17 pseudonymous physical 111:20 45:4,9,24 46:7,14 9:23 12212 problem 111:4 108:14 1 l5:l3 122:2,3 46:16 47:2,8,14 pncticed 6:7 W:22 113:19 118:21 public 216 54 ,12393 133:3 47:14,18,21 49:18 practicing 6:16 7:7 189:15 127:22 135:24,25 physically 111:23 50:9,25 51:17 7:22 10:lO procedure 29:21 136:3,4,5,6 PLD 147:14 5225 53:12,15 practitioner 6:12 process 172:22 196:16 197:8 ' piece 42:8 63:6 54:18 5522 56% 6:13 7:6 19015 publication 9:19 pieces 9:17 122:16 575 62:3,5 66:17 prmde 97:21 produce 39:12 14:15 87:18,25 Piggledy 49:20,23 66:17 68:7 94:12 preceded 78:6 113:13 121:19 88:4 915 92:22 50:21 51:ll 109:C 958 100:8,20,25 precedes 78:1820 produced 36:12,15 94:4 121:7 130:4 109:8 101:11,15 102:20 preceding 27:3- 37:16 115:lO 156:6 166:13 pin 14:20 103:lO 104:lO 89:13 122:7 189:7 169:13 170:6 PIPER 3:4 10518 107:9,10 precise 13:22 prodoction 37: 11 publications 80:8 pirates 1659 107:12,20 108:2 15513 profession 10:13 875 94:6 122:15 place 51:6 5519 108324 109:18 predicament 91:4 professional 10:7 publicist 130: 13 published 8:3 qualitative 79:15 98:20 103:8 181:8 184:4,6 133:7,20 139:12 11:10,25 12:15,19 quarrel 189:20 106:24 107:2 194:17 139:17 146:25 14:24 49:17 5123 queries 130:13 109:10,12 120:14 receipts 34:22 181:23 183:6 52:3 72:25 735 question 4:8 11:8 134:18,21 137:lO received 37:13 18514 92:14 95:15 101:2 13:12 14:13 19:23 138:8 145:16 137:24 163:2 reflect 21:13 1265 150:20 20:2,8 22:2,3 345 146:15,21 149:8 receiving 189:8 reflected 31:20 168:9 175:9 178:6 34:8 40:15 41:12 156:21,22 16520 recently 12:21 405 41:22 66:lO 178:lO 51:9 56:12 57:8 16524 166:2 5011 194:14 121:17 publisher 100:23 58:7,10,11 64:19 17223 1753 mesa 38:2 63:7 reflecting 80:7 129:2,5 130:17 79:25 80:18,23 176:24 177:22 111:13 172:ll reflects 357 42:9 154:6 162:6 82:3,13 86:5,13 193:2,4 184:lO refresh 18093 167:25 188:ll 86:15 96:2 98:19 reader 50:23 51:8 recheck 37:s 1815 publisher's 132:2 98:20,22 104:6 5520 6418 89:s recognize 47:2 reikshing 23:8 publishing 154:4 1056 106:21 90:9 113:22 166:4 refuse 19219 172:22 109:7,9,12 116:25 readers 51:12 90:4 16925 regard 70:6 116:21 punctuate 19:25 117:16 118:s reading 49:22 54:9 recognized 127:6 regarding 7: 14 punctuated 118:4 119:20 120:ll 68:8 82:20,22 recollected 126:12 28:15,22 38:lO punctuation 19:20 131:2 132:2,3 83:lO 8,4:3,10 recollection 239 76:15 86:17 20:3,7,9,10,13,19 133:17 134:7 103:24 39:21 41:6,8,15 104:24 1l6:5.8 20:22,24 21 :24 137:ll 140:5,6,12 reads 74:13 8424 42:6 65:3,17 118:15 122:8 23:15 26:lO 100:6 147:2 148:12 122:24 1253 129:14 130:21,23 161:19 191:15 114:2,5,25 11517 156:21,22 177:16 131:18 137:14 132:15 142:2 195:lO 116:3,21,23,24 178:17 180:2 14518 176:19 153:13 180:24 regardless 190:23 117:5,8,13 118:7 190:12 191:19 177:7 1815 184:2 regularly 162:9 121:3 123:24 192:6 d 63:8 145:7,11 recollections 153:4 reject 157:19,21 133:2 189:6 questioning 754 17513 mommended rejected 44:16,19 purchase 27:19 114:24 16517 rpsli.rr 126:8 103:18 47:8,21 purpose 18:s 8519 171:ll recod 5:9 42:14,15 related 19716 89:18 9511 96:lO questionnaire 46:6,8,10,24 relates 16521 96:16 133:ll 128:822,25 129:4 47:20 48:22 51:21 relating 8418 134:4.5 1658 129: l7,19,22,24 53:s 54:2169:2 171:3 129:25 130:19 128:19 13623 ~lati0- 193:ll . --.- 131:4,17,25 1327 149:18,19 158:3 194:8 purposes 107:11 1399 199:9 163:lO 189:24 Relatives 77:12 133:14 qoestions 193:18 191:ll 197:14 released 126:2 pursuant 2:15 196:8,9 records 43:s 128:3,3 146:17 193:15 quibbk 7717 a11 rekvant 15:15,16 pursue 159:3,6 quibbling 135:s recoverg 154:2 retying 113:25 169:24 193:9 quick 122:22 1922021 193:15 remainder 99:17 194:lO quite 647 1052 redundant 1l6:U remains 120:21 pursuing 159:15,18 110:19 159:20 117:8,13 176:20 remember 6:2 159:19 1615 193:7,8 refer 16:18 23:s 24:lO 25:2,4 put 2513 33:17 qabical 8516 rearranged 100:19 27:16 28:16 354 38:14 4420 52:2 44:11,11 46:18 quotation 187:12 103:12 41:9 4516 58:18 65:3,6,9 103:S.U 50:9,17 56:17 quote 58:24 6322 rcrson 1510 28:14 74:2 83:11 121:4 129:14 136:8 62:4 64:s 65:3,8 quoted 188:7 62:U 635.6 142:21 1435.8 148:4 150:3 67:15 70:9 85:15 quoting 120:19 146:23 147:3 4 153:lO 157:25 85:16,17,18 88:22 158:14 178:4 158:8 169:8 104:3 10519 181:20 18521 173:19,21 183:25 133:12 134:13,15 188:4 184:4 186:19 138:19,21 151:14 reference 3517 remembered 4414 159:12 162:lO 61:13 113:2 4425 49:8 170:16 183:4 126:lS 171:2 Remu 154:14 putnam 1:7 156:14 51:21,22 52:10,15 188:18 1963 156:9 161:19 194:9 52:19,25 53:13,18 referenced 108:U 1942195:9,12 putting 50:20 6510 57:7 1993 refemees- 50:21 196:2 67:18 10523 Randolph 63:21 13513 render 86:15 1 17:22 138:17 rash 51:13 referred 39:19 rendition 183: 10 139:3 140:9 ram 2723 40:12 44:2154:20 renewals 28:19 puzzling 85:17 rather 28:s 41:s 107:lO 147:22 repeat 19:22 80:22 P.C 2:143:12 54:9 157:U 98:18 109:9 re 35:22 referring 49:19 repeating 18:3 read 19:U 2125 51:14 52:12 585 rephrase 27:18 22:3 34:19 38:17 63:19 68:3 95:6 60:8 64:25 68:12 42:3 43:14 46:s 119:9 146:13,17 9510 48:23 53:s 54:8 172:12 174:4 replace 117:24 54:16,2158:9,11 182:4,10 1833 report 158:17.19 59:8 77:8 78:8 refen 3519,2225 158:24 162:9,14 85:3,4,14,21 36:4,5,9 13225 reported 1:24 63:25 194:24 199: 10 wter 183:3 raying 18:22 19:9 163:20.22 reporter 23:6 mponses 16:16 xughly 6:3 19:14 4415 6625 79:7 iegregated 100: 17 reports 162:19 22:19 23:lO 27:3 167:ll 173:20 96:ll 100:24 electing 137:17 represent 37:4 43:9 48:3 52:U Round 8:16,17 104:19,20 10516 ielection 17:15 representation 107:17 124:6 , 61:2 137:25 187:2 106:12,18 120:19 18:18 57:21 905 182:17 responsive 37:9 187:3 123:3 1.5423 1385 139x5 1835 reprint 11:1427:9 103:25 royalties 166:17 182:13 183:8.9,14 183:lO 34:20,25 35:5,14 rest 138:14 151:3,5 1675 190:6,7 ielectivity 69: 15 35: 18,.22 36:2,6 restate 58:12 royalty 112:22,24 says 38:11,13,13,22 reudescribed 38:5,9,16,25 result 152:13 113:10,16 17353 39:4 70:15 83:12 175:ll 39:14,24 40:6 192:23 189:ll 121:4 134:7 171:3 sell 134:14,16 reprinted 11:23 resumed 1153 RQ 38:3 112:19 172:19 182:5,5 semicolon 13415 reprinting 11:11,12 retitle 805 189:8 scheme 72:lO 76:2 send 28:12.13 reproduced 145,,- retitled 68:13 RUDNICK 3:4 94:9,10,16,17,19 113:ll 151:2.7 71:4,5,6,8,14 - retitling 79:8 rule 119:15 190:2 104:13.21 10516 sending 142:3 84:21 856 retrieved 128:16 rules 119:19 120:4 school 519 166:2 163:7 republication 129:lO 120:4 189:22 Schuster 15520 sense 14:21 65:13 11:15 retrospect 169:16 RULINGS 198:9 70:16 99:7 102:19 113:7 171:24 republished 12:3 rehvaed 31:22 run 172:19 l73:2 J 103:18 112:21 sent 445 110:16 49:16 131:8 174:13 192:20 113:lO 127:18 .141:12,24 142:3 repunctuating . . reversed 58:6 rush 129:8 129:3 153:17,23 163:8 1'6410 1l7:2O . review 8:5 #:24 1545.6 160:ll 180:15 request 15:7,13,14 57:12 70:17,21 S 161:14,19 162:4,6 sentence 84:23 15:20 3425 357 1995 s 3:2 5:2,2,2 111:14 168:18 170:4 8513 122:ll 36: 19 37:lO reviews 142:15 111:14,14 115:2,2 173:9 189:10,11 146:14 172:18 requested 158 revisit 192:2 1152 147:14 192:11,15 193:B 174:21 17512 3513 37:19 RICHARD 3:16 186:25 187:8 193:22,25 19413 177:7 182:7 requesting 355 right 21:14 2514 Safe 46:21 48:5,7 194:19 1953 separate 30:19 171:19 25:19,2126:16 553 108:3 196:3 116:18 requests 32:20 27:s 28:24 36:7 safely 59:24 scope 131:20 134:8 separately 9515 34:20 40:4 198:7 54:13 5524 7510 sail 122:18 139:13 102:21 198:ll 94:20 1l2:l7 sale 167:19,20 Screen 53:lO September 136:13 required 181:ll 123:4,11 132:3 oaks 166:7 16722 107:24 1375 184:21 requirement 14425 14523 same 45.13 12:13 Scribner 15:s 1853 199:ll 183:23 146:21 153:24,24 13:12 1519 34:s 100:15 105:22,23 sequence 76:3.12 reread 34:16 15325 154:6 347 3516 5424 10524 128:7,21 94:12 9513 1015 research 60:19 170:6,6 172:4 61:23,23 63:s 128:25,25 1626 101:7,8,10,11,15 62:20 109:15,21 189:17 69:16 73:6 78:s 174:7 199:9 101:19,22 103:4 10923 1254.17 rights 2518 26:4 79:8,19 8324 Scribaer's 176:6 105:12 110:9,20 12522 135:21,23 27:19,23 285.11 865.16 87:10,15 scmtiny 11:s 24:21 series 44:3 73:2 135:25 15018 28:24,25 29:6.7 87:20,24 88311 Scut 6:23 76:7,12 80:6 reservation 176:16 29:11,15 3910 89:12 9217 9923 sediq 4:4 91:U 116:16 180:16 36:9 3718 41:2,3 1W13 110:7,24 second 8:17 9:2 1845 reservations 27:2 41:6,10,16 4219 117:19 123:19 24:16 46:9 557 serious 14519 176:9 19693 66:2,!5 15823 138:20 1415 57:16 67:1189:7 seriously 11424 reserve 81:9 1W:8 159:4 167:17,20 17512 176:9 97:13 115:19 served 196:4 169:7 170:s 172~6 167:22,25 168:li 1775 180:16 1253 1522 service 181:15 172:6,7 168:17 169:2,3,4 samples 150:22,22 172:16,18 173:17 set 175 30:19

reserved 4:8 1692 169:5,7,10,13,20 Somd 187:4 174:21 176:17 6822 75:ll 169:2,4,4,12,19 + 1692223 170:4 San 63:21 section 48:4 165:s 116:12 118:12 169:21,23 170:lS Sanctum 70:16 sec'tiom 107:3 1465 197:12,20 resolved 190:9,9 rivalry 822 Santa 13524 see 17~1218:9 setting 23:22 9523 resorts 6823 7512 river 17513 sat 149:13,16 22:24 34:9,14 seven 43:15 46:4 resource 1865 RL 171:12 satisfactory 60:3 6510 76:1177:8 47:12 54:17,22 ' respect 1142 Row 24:16 256 Satnniay 28:15 1315 13223 12513 11512 190:12,l3 28:1153:7 68:lO 29: 17 30:22,24 133:12 144:ll several 19:7,12 resvtive 4:3 ..'' 69:9,17,19 72:3,8 31:s 34:4 a11 152:19 163:s 255 3623 37:2 respond 15514 80:12 107:21 42:lO 70:17,21 180:23 184:8 43:14,22 54:6 response 15:13,14 186:22,23 187:3 110:8,13,14,22,25 seein# 24:12 61:18 87:4,15 1516 4520 104:2 Rob& 844 85:2,10 111:2 172:14 seek 191:20 122:9 177:3 107:16 132:17 dkn 133:lO 199:s see- 57:17 sex 12225 133:6,19 134:17 Rondeao 87:7 Savante 102:7 191:22 sham 8524 134:24 13512.15 9218 93:4 96:6,6 save 28:17 5423 seem 10323 1043 136:12,15 137:4,7 96:6,7,8 77:9 107:13 124:14 137:11,13 138:ll Rope 1257.13 saved 4422 136:20 159:19 139:16,18,22,23 126:6.21 127:7 Saving 11:4 la18 short_59:21085 1525 155:23 saw 28:14 47:15 seemed 1699.13 shorten 80:13 157:6,11,18 599 62:17,25 seem 2225 37:16 shorthand 69:22 162:18 177:4 109:25 61:12 129:ll 93:19

- shortness 60:12 149:13 150:l 77:18,19 78:2,5 ,pend 15:ll show 13:7 111:23 151:l 152:l 153:l 78:17,21 87:7 pent 146:6 113:25 114:7 154:l 155:l 156:l 93:16 pine 170:14 189:6 157:l 158:l 159:l iongs 679 76:21 ,poken 156:25 showed 117:17 160:l 161:l 162:l 77:7 78:25 79:lO Iquidge 59:25 163:6 163:l 164:l 165:l 79:17 60:17 61:12,21 side 89:ll 166:l 167:l 168:l hng-Sheet 48:8,9 62:5,9 64:19 65:2 sidebars l79:23 - 169:l 170:l 171:l 48:11,13,14,16 65:5,19 108:14 sign 29:13 113:14 172:1,12 173:l *jety 48:~ 554 108:4 is 1975 signature 32: 10,ll 174:l 175:l 176:l 172:15 hionnet 87:8 93:lO itaining 122: 18 176:15 177:l 178:l 179:l iold 146:19 166:9 ioon 43:19 126:9 itamp 31:6,7 176:3 signed 4:12,14 180:1,6 181:l 175:7 194:14 126:19 ;tamped 128:14 39:17 61:20 62:s 182:l 183:l 184:l iok 6:12,13 7:s iorry 8:lO 134:20 itandard 72:9 136:l4,18,23 184: 18,20,24 11:20 136:20 141:16 79:22 113:18 significance 13723 185:1,24 186:l iolicited 49:21 iort 57:19 89:6 116:9 122:12 significant 139:22 187:l 188:l 189:l iome 7:9 9:5,7,16 97:14 143:18 144:6 148:19 silverstein 1:4,15 190:l 191:1,16 10:9,15 12:8 144:13 157:15 168:24 2:13 5:8,10 6:l 192:1,7,10 193:l 16:12.14.18 20:8 165:25 182:17 standardization 7:l 8:19:1 10:1 194:l 195:l 196:l sought 27:24 194:6 22:lO 72:4 10:20,23,25 11:l 196:12 197:ll round 159:22 ~tandardize 121:14 12:1,25 13:1,7 198:4,17 source 1354 standardized 48:7 14:l 151 16:l Silverstein's 38:4 sources 63:lO 48:9,11,12,14,15 17:l 18:l 19:l 111:18 42:3,17,19 43:14 186:18,20 553 72:2,12 20:121:122:1 Sieon 63:21 457 47:3 56:2 SOUTHERN 1:2 108:4 115:15 23:1,3 24:125:1 similar 959 10123 57:6 59:20 67:18 Soviet 8:7 176:19 26:l 27:l 28:l 106:13 176:22 77:9 80:20 89:6 po-crrkd 59:6 standards 9513 29:l 30:1,18 31:l 177:4 97:13,15 100:20 83:21 102:9 110:3 116:12 119:19 32:l 33:l 34:l similarity 116:15 101:s 103:3 106:2 11516 132:18 121:15 123:18 351 36:137:1 similarly 32:16 111:7 116:5,7 137:15 142:17,18 stand-alone 105:19 38:1,12 39:l 40:l Simon 15:5,20 118:6 121:20 167:16 stasha 22:7 40:3 41:l 421.17 70:16 99:7 102:18 123:7 126:ll space 113:24 start 74:6 173:3 43:144:145:1 103:18 112:21 13219 135:4,24 spaces 94:12 187:14,15 46:1,11 47:l 4&1 113:lO 127:18 135:Z 138:21 spacing 21:4,5 started 91:24 49:1,3 50:151:1 129:2 153:1723 139:3 143:18 spfue 2211 starting 117:7 52:1,20 53:154:1 154:5,5 160:ll 145:ll 146:15 speak 39:12 118:16 starts 122:17 55:1,20 56:157:1 161:14,19 162:4,6 150:17,18,19,24 119:2 138:7 state 2:17 5:8 17:lO 58:159:160.1 168:18 170:4 152:23 15420 162:16 19:s 33:24 81:19 61:162:163:1 173:8 189:10,10 155:16 157:5,12 spealdng 93:19 86:12 90.7 134:7 64:l 651 66:l 192:11,15 193:7 158:6 166:7 167:2 speaks 39:1165:14 176:lO 179:15 67:l 68:l 69:1,8 193:22,24 194:13 167:2,24 170:13 755 197:4,9 70:1,25 71:l 72:l 194:19 1953 171:16,24 179:14 Special 28:9 statement 79:11,12 73:l 74:l 75:l 196:2 181:3 spec& 8:19 38:18 113:16 146:3 76:l 77:178:1 simpler 100:13 somebody 33:17 39:20 65:16 68:2 16412 173:8 79:l 80:l 81:l simply 14:18,22 160:U) 8224 104:2 1195 statements 112:22 82:l 83:184:1 57:8 96:ll 129:13 somehow 157:4 119:19 130:23 112:24 113:lO 851 86:l 87:l 152:s 158:8 someone 61:20 1422 143:16 1665 189:11 88:189:190:1 1'80:22 Somer'sct 4922 157:ll 16518 SATES 1:2 91:192:193:1 simultaneously 50:15 166:ll stating 1'31:19 94:195:196:1 80:7 somtth&g 21:14,19 speciikdj 9:16 statas 162:10,14 97: 1,20 98:199:1 since 7:Z 8:11,13 2513 38:17 42:4 16:14 18:16 2325 statutory 16423 1m1101:1,21 25:17 50:lO 77:2 4510 494 54:4 25:4 29:2 41:4 165:3,9,14,22 102:l 103:l 104:l 126:14 148:8 56:19 61:4 6923 103:20 111:5 190:12,19 191:2,8 1051 106:l 1cn:l 166:3,13 178:14 70:lO 85:16 94:17 115:U 152:3 191:15,23 108:l 109:l 110:l 178% 179:17 100:7 103:17 157:13 169:20,21 Stephen 7:6 31:ll 111:1,20 112:l.S shgk 121:lO 12915 131:3,4 170:21 Steve 30:24 36:17 113:l 1141 1151 sings 14524 13825 139:2 speciddty 1524 128:17 141:8 1157 116:l 117:l sin/With 59:18 143:16,17 144:7 speciilcs 253 28:7 172:14 118:l 119:l 120:l sir 140:4 182:8 148:18,19,19 123:lO 129:14 Steven 31:4 34:4 121:l 122:l 123:l sitting 24:lO 252 149:2 155:14 1527 181:8 stiU 9:18 29:9. 124:l 1251 126:l 6518 166:4 161:3 177:4,20 spect.cularty 10913 145:lO 127:l 128:1.12 situation 144:25 179:17,19 181:22 144:14 146:3 151:19 129:l 130:l 131:l 194:s 19514 18423 speculate 147:lO 178:8 132:l 133:l 134:l situations 118:4 sometime 12:15 180:22 183:19 stipulate 1645 1351 136:1,18,23 six 32:13 38:17 111:17 124:17 speculating 102:24 stipulated 4:2,6,10 137:l 138:l 139:l 46:17 51:17 52:24 somewhem 1354 148:14 121:18 140:1,17,20 141:l 53:6 107:19,21 166:12 speculation 120:6 stipalption 33:22- 141:9 142:l 143:l 108:2,3 166:19 son 59:15 153:13 178:13 113:21 123:7,23 144:l 1451 146:l 176:ll 178:24 Song 77:11,12,12 spelling 12:ll 170:ll 189:4 147:l 148:l 149:l 179:14 183:19 77:13,13,14,14,15 2319 stop 7:22 17 stmightforward subtitles 18:23 ymbols 97:12 end 117:24 190:3 133:18 19:11,15 66:4,6 iyne 48:17 55:14 mded 117:23 .hink 9:20 12:8,9 strike 103:25 104:2 66:14 73:13 77:24 108:9 118:8 17:12 19:13 20:3 192:25 79517 83:6,8,13 ystem 67:16 . tndencies 119: 18 20:7 21:13 22:14 strong 117:16 83:18 86:2,7 ------. -- mion 138:16 23:12 24:8 25:13 stronger 117:18 98:14,24 99:24 T entatively 142:9 25:16 28:16 29:3 struck L52:8 133:8 l' 5:2,2,2 111:14 em 82:12 86:lO 29:5.10,17,18 stnictured 146:8 subtle 59:4 1 l5:2,2,2 197:2,2 86:ll 101:ZO 32:6,20 37:9,10 Stu 124:lO sub-editon 90:24 ab 182:12 171:8 40:9 45:18 46:15 Stuart 1:4.15 2:12 succeeded 8520 able 8:16,17 61:2 erminology 45 :19 47:14 52:22 57:9 5:lO 10:19.23 lucceeding 943 78:13 90:9 13725 erms 452 56:23 58:6 59:12 65:21 12:24 128:ll 146:6 151:6 187:2,4 104:7 114:4 1 l6:2 66:5,6 68:4 77:21 140:16,20 180:6 .:. iucceedingly ake 11:6 30:18 116:15 121:24 81:8,24,25 82:14 184:18,20,23 146:20 32:3 38:20 63:15 148:2 149:24 82:14 86:22 90:25 196:12 197:ll iucciact 8523 66:25 695 73:17 151:15 152:13 96:ll 97:11,13 198:4,17 iuffering 64:6 7518 110:17 160:10,12 109:13 112:15 student 146:8 iufLIciency 104:25 111:12 11521 est 16:19 43:7 58:4 113:11,18 114:15 studied 10:4 iumcient 89:6 129:7 130:5 estilled 54 42:18 1165 119:12 studying 47:22 140:lO 142:24 146:4 52:22 56:8 57:2,5 123:16 124:2 stuff 10:9 37:6 iuicide 120: 13 159:13 160:4,11 57:10,16 69:8 127:2 132:ll 11l:6,lO 148:8 iuit 153:25 160:3,4 160:22 172:9,15 81:2 83:3,25 133:23 13820 149:8 150:19 , 160:24 177:6 1847 86:22 99:2 1053 139:21 140:8 186:16,17 iummaq 66:9 aken 6414 88:14 105:s 1153 14511 148:24 subhead 78:21 iummer 6823 88:21 111:13 151:23 191:17 149:2 151:2,4,5,9 subheading 78:3,18 75:ll 126:lO 192:10,14 158:9 159:10,11 subject 8:6,15 Sunset 510 125:14 aking 965 116:14 estifyii 56:18 159:11,14,21,21 38:22 62:12 645 126:721 146:18 158:ll estimony 58:14 161:lO 162:21 73:17,2197:22 147:7 raks 87:6 89:22 79:13 80:20 82:25 170:12 171:13,21 10524 116:16 iuper 77:18 78:3 90:11,15 91:6 1454 149:20 172:3 173:4,21 126:9 139:17,21 superimposed 78:3 92:7,8,11,13,25 153:15 156:9 174:15 175:7,11 14420 189:2 supplement 112:3 102:7 122:24 16823 16918 179:22 182:16 192:4 196:8 130:ll 131:9 talked 23:14,15 197:14 189:20,25 1W11 subjective 95:19,21 Supplemental 40.4 164:6 rxt 12:5,9,12 190:14,22 191:lO 137:17 136:12,15 137:4,7 talking 12:11,16 13:13,19 2318 191:16 193:9,10 subjectnely 97:s 137:10,13 138:ll 13:16,17 2524.25 24624 33:20 194:21,24 subjects 9:14 76:7 139:18,22 199:lO 3k24 32:11,12 59:17 m10 94:ll thinking 1 16:2 sublimate 123:22 mpplemented 40:24 4518 76:21 137:22 190:19 194:3 submit 130: 16 130:18 13212 100:21 11525 hank 43:6 74:12 third 18:2159:16 submitted 61:6 190:14 119:17,17,18 92:4 140:ll 147:3 59:16 67:14 86:21 100:23 102:18 supplementing 169:lO 174:6 heir 1521 2415 136:19 142:25 132:ll 130:22 183:2 26:7,18 27:11 151:18 173:15 subpoena 162:22 upp plied 94:7,9 taste 51:4 5410 29:3,4 43:20 1855 189:18 196:4 132:17 133:8 5517.18 56:14 44:12 46:14 68:17 Thirty 5517 Subscribed 196:13 upp ply 96:23 rue i26:7,a 110:15,18 137:22 though 39:4 41:17 subsequent 5425 supportiDg 129 146:19 147:8 158:15,23 16510 77:22 91:3 123:16 92:3 13:19 64:16 69:15 team 146:22 170:17 194:8,9 133:18 174:20 subsidiary 167:16 supposui 138:18 kbddly 148:22 1954 thought 16:7 19:9 194:13 sure 9:18 20:4 techniques 88:2!5 heme 131:20 134:8 21:20 36:23,24 substance 5825 : ' 27:17 33:18,2!3 Tekhmsnn 187:lO 139~12 37:2 43:2145:25 81:lO 156:19 ,, 37:7,223 42:20 tekphone 151:13 hemselves 2320 53:ll 54:ll 66:8 159:16 1648 69:6 74:18 77:19 tell 8:2 17:19 18:8 2519 26:2 101:lO 8523 102:4 1256 17511 18223 962.4 104% 23:6 27:13 43:2 193:lO 126:22 1554 substandard 110:9,19 121:ll 43:lO 459 47:19 t'heodore 142:18 160:19 169:ll 116:24 127:3 130243 49:10,19 51:20 143:6 thousands 167:2 substantial 10516 147:6,13 153:8 53:1157:22 58:21 thing 24:2 2516 three 524 6:4 7:18 156:8 157:lO 68:6 70:19 8222 41:16 78:17,21 152.3 58:19 16511 159:ll 167:13 83:18 87:3 101:14 100:4 11525 59:21,24 60:6,14 substantially 77:21 169:3,3 172:lO 101:17 102:11,25 117:19 123:lS 61:17 67:9,9,10 79:19 106:12 173:22 174:18 1157 125:16,19 157:15 166:2 11O:ll 12525 subtitle 49:12 177:20 186:6 128:2 131:3,9 179:14 l26:6,l l,l2,20,24 54:25 69:3 7325 188:15 189:3 147:24 150:6,23 things 9:15 16:13 13423 141:22 745.11 7521 1956 152:24 153:20 16:14 22:6 24:13 166:15 167:14,15 76:8 77:18 78:6,9 smdre 144:21 162:12 167:13 42:3 47:16 69:20 18520 78:2183:20 843 surrounding 50:12 169:14 17423 69:2190:25 9511 three-page 184: 12 84:4 85:9,12,15 Swedish 8:7 186:12 187:1620 105:22 110:21 184:15 199:19 85:18,24 99:6,12 Switzerland 99:lO telling 82:2 15720 114:13 118:12 thrilled 159:25 99:16,19 108:6 swore 60:ll 139:s 183:18 119:2 120:2 124:3 162:22 subtitled 79:18 sworn 4:11,14 53 tells m3 133:15 134:10,12 through 6: 10 7:3 137:19 196:13 197:13 ten 72:2173:8 795 186:ll 189:2 16:15 29:7 34:lO

- 34:18 4323 45:23 67:3,6,23685.6 ruesday 151:4 J6:19 47:15 48:9 68:17 69:16 70:7 urn 31:17 6525 49:8 54:6 555 72:12,23 74:7 60:21 61:10,13 76:25 77:8,23 68:16 94:6 95:18 795 80:6,11,15 91:4,996:20 95:22 105:9 80:23 815.12 104:18 121:22 106:24 107:2,3 - 82:9,15,18,25 156:8 161:15 108:6 109:17,18 83:2 86:6,17,22 168:ll 191:24,25 109:22 1105 86:24 87:6,15 Understandably 11158 116:4,10 88:18 90:24 955 32:8 123:13,15 124:2 96:21 97:21,25 saderstanding 125:20,22 126:3 98:14,15,249923 5622 143:13 126:19 127:12,16 133:7 183:lO 165:2,8 149:14,16 151:18 184:3 understood 169:11 190:14 191:ll .itling 21:2 78:24 62:8 63:1172:10 unduly 16510 Thursday 1:17 .day 16:8 31:24 72:1189:21,24 doctunately tiddley 9:24 56:8 123:lO 90:9,10 110:ll 163:14 164:19 tiger 59:19 134:ll 163:21 113:22 12514 dormly 121:2 18:6,13 42:24 time 4:8 11:4.6 166:4 178:s 1925 135:13,20 136:7 unique 1385 1395 43:4,5 51:lO 545 23:13 28:17 50:8 :ogether 46:18 141:18,21 142:s unit 194:15 56:10,20 63:20 51:23 54:23 60:lO 183:4 142:15 146:17 rnD1:2 76:17 85:s 108:22 61:25 77:9 103:2 :old 15:18 150:18 147:4 167:14,15 University 10:6 115:9,9 142:16,17 110:7,10,14,24 153:19 155:8,18 186:9,17 28:lO 33:4 51:24 142:18,18 143:ll 111:11,15 117~3 156:4,5 161:22,24 two-page 103:9,13 136:2,2 143:13,14,14,15 120:14 123:19 178:23 19517 140:19,25 199:14 unless 11:12 143:15,17 144:7 127:3 129:11,25 tomorrow 114:16 two-thirds 170:13 unlikely 6193 144:16,22,24 1357 138:20 top 70:15 119:13 type 184:6 unreasonable 145:6,19 147:16 150:9 151:12,17 1758 typed 138:9 81:24 147:17 148:6,16 153:17 159:13 topics 9:4 types 22:4 unsophisticated 148:20 177:lO 172:22 178:18 total 102:ll 166:7 typesetters 100:18 90:8 178:12,21 195:ll 196:lO 166:17 typewritten 42:4 until 103:4 114:16 verscs 17:24 18:18 times 64:6 1759 Tower 61:4 typo 5911 untitled 4921 18:24 19:8,12,15 Tir8:24 trademark 171:3 typoe~pw 5823 59:17 19-21.2523:18,20 trsditiod 672 24:14 67:18 8820 upper 71:3 12219 2519 26:517 Trail 48:lO 5512 91:22 97:12 103:6 122:25 123:2,4 27:10,14 28:16 108:7 103:7 use 920 25:10,10 29:9 43:11,17,19 transcript 93:22 l'ysie 176:6,8 41:9 899 109:14 4325 44:18,20 title 19:4 5423 153:3 110:2 118:3 1485 454,92546:7,14 67:6 68:14 69:9 translation 168:3 U 148:9,11 191:ll 46:16 47:2,8,14 69:17,22,22,24 trap 47:6 U 5:2 1152 used 78:24 79:9,19 47:18,21 5025 70:5,9,U 71:ll treat 117:13 UC 13515 88:3,6,8,1195:18 51:17 52:25 53:12 71272:15 73:2 treated 116:13 UCLA 135:15 101:20 109:17 53:15 54:18 5522 73:6,8,ll,l8,23 treatise 144:20 ultimately 61:16 116:22 126:14 56:24 575 66:18 73:24 74:4,10 treatment 116:9 89:14 11714 147:19 148:Ut' 68:7 83:22 100:9 75:20,22 76:16 1~16158:24 164:15 171:8 100:17,25 101:6 78:9 79:16 81:21 uncertain 169:9,13 176:20 185:s 101:12.15 102:9,9 85:18,20 87:11,16 uaeouicctcd 107:s 186:5,6,8,11,U 107:10,12,20 87:l7,20,22,24 108:24 110:4 uaek~133:16 108:2 111:22 88:4,6,8,ll.l4,23 trial 27:8 125:6 127:s using 15:19 107:12 115:14,16,21 89:25 90:15 91:7 Triokt 87:8 93:13 138:15 142:ll 114:4-148:lS 116:ll 118:18 92:2,24 953 965 trouble 146:7 uncommdn 148:9 usually 17510 1224 12521 96:13,17,17,19 true 2520 32:4 148:11,13 176:21 133:4 137:15,15 1085 128:6 3516 7525 77:4 uncover 6020 utter 119:7 13792 138:4,13 170:13,14 188:lO 77:s 118:lS 137:f undated 18423 U.K 167:24 168:12 138:22,24,24 188:20 138:12 141:ll 185:s U.S 11:21,22 13:ll 139:4 142:15,22 titled 255 26:6 144:21 175:s under 24:21299 13:14 168:ll 146:18,24 147:4,9 28: 11 49:11 67:2 193:12 197:14 1745 147: l8.22,Z 67:8 68:10,11,11 truncated 91:17 1685 1815 mi5 72:g 75:6 try 119:3 121:13 182:25 183:4 79:18 845 90:11 123:14 143:22 V 921152 version 49:18 91:2 92:24 95:24 144:13 148:14 vaguely 141:14 127:19 96:12 122:17,23 try@ 14:20,21 164:23 16514 valid 28:lO versions 26:s 142:9 16:20 46:13,24 168:18 171:2 value 26:7 623 versus 9:9 titles 18:23,25 19:7 47:ll 54:7 80:22 174:19 183:24 140:lO very 20:6 24:18 19:15,16,17 23:21 94:20 118:6 underlined 12!5:6 Vanity 76:5,11,22 29:s 36:24 59:2 23:22 265.12 119:21 121:20 underlying 66:6 78:4,19 64:ll 74:17 78:16 41:21 47:7 48:23 123:7 12520 76:7 97:4 112:s varied 7:18 120:18 78~6 90:s 50:lO 53:6 66:3 13323 143:21 underneath 12512 variolrs 525 9:13 116:14 119:24 66:12,17,20,22 159:ll understand 11:6,14 122:U 138:21 69:23 73:4 78:13 125:5,7,9 13153 6511 71:15,19 150:20 155:25 79:24 8523 93:22 132:19,19 133:lO 88:22 92:13 167:10,14,14.15 192:7 95:11,22 96:3 138:17 141:7 112:23 113:9 176:ll 178:24 Viacom 194:14 975 103:12 150:16,23 151:14 1145 122:3,6,10 179:15 183:20 view 5521 57:7 104:22 118:16 159:17 161:10,24 133:3 1485 esterday 149: 13 152:18 1557 119:14,22 120:20 169:5,6,10 171:18 157:lS 159:17 150:4 151:8 175:13 133:20 139:17 173:12,17 175:16 rork 6:23 7:8 957 ork 1:2,16,16 2:15 viewed n7:4 141:20 146:25 176:14 178:19 20:15,18,20 24:14 2:15,17 3:7,7,15 Vig50:9 126:2 153:8,10 1575 179:7,13 180:19 255 32:19 40:14 3:15 5:23 655 VikinglPenguin 172:21 181:14 180:20 181:3 40:17 41:lO 6523 60:23 175:9 197:4 150:16 195:15 197:18 182:10,13,15,21 69:25 103:11,13 197:6,9 virtually 61:24 rays 20:9 855 182:25 183:14,23 116:18 123:20.21 'orker 28:22,23 vitiate 106:3 150:6 183:24 184:3,5 127:ll 130:2 29:ll 84:8,12 volume 10520 reek 114:18 151:3 187:9 188:16 14522 168:22 140:18 141:15 121:17 15 1:s 193:22 194:7,18 179:7,14 18514 142:8,16 199:6 Von 445 149:14 veekend 150:14 195:16,18 185:22,25 lork's 615 151:21 Yeiner 140:17,23 reren't 45: 12 vorked 151:16 Ioung 87:7 89:22 199:12 47:18 77:2 98:9 vorldng 7:16 8:12 90:11,16 91:6 W velcome 119:lO Western 9:17 102:6 vorks 26:4,5,6,6 92:7,8,12.14,25 wait 49:4 114:15 rell 43:3 64: 11 vet 122:18,18 27:6 117:7 121:12 10223 122:24 157:13 74:lO 81:23 96:24 WHEREOF vor!d 8:24 60:22 Iounger 68:22 . waive 67:s 154:3 97:4 113:2 114:13 197:20 60:U 149:9 7511 158323 159:4 1257.23 126:13 while 21:15 27:20 168:10,13 192:19 126:14 136:18 61:13 73:25 89:lO worse 54:ll waived 4:5 1452 147:13 118:4 worth 159:14,18,19 Wallace 184:19,19 170:20 178:18 white 49:20,23 worthy 140:9 want 8:20 1911 18220 184:22 Whitman 176:6,8 rouldn't 21:18 16:8,17,21,25 186:9,10 whole 22:12 754 73:4 138:lO na20:4 z:a vent 519 43:22 76:12,13 9517 would-be 615 24:3 42:16 49:4 44:14 46:19 47:15 l23:15 1243 wrappen 13:18 60:24 71:7 81:22 49:8 54:6 64221 143:19 183:8 write 9:7 117:14 81:U 824 91:16 61:7 109:17,18 1845 174:U 94:24 99:20 100:6 111:8 124:2 whoUy 118:24 miter 53:lO 613 101:16 107:13,14 12520 126:19 whodot 59:14 107:24 1095 11219,21 173:15 widely 117:4 irriting 7:s 9:22 1l2:24,25 1l4:2l rere 6:13,16 7:7,16 WWOI191:7 42:7 63:20,24,25 114:21 11510 8:8 9:15 11:22 Wim 63:21 64:3,9,12 84:lO 120:24 121:4 14:14 15:4,18 1449 130:16 132:12 127:18 129:7,8 18:18,25 19:14 written 8:2 9:3 13413 136:17,22 21:20 24:11,13,23 32:13 33:U 41:4 152:14 156:8 25:4 2221.25 61:2,20 87:6 159:22,25 160:3 28:2,4,16 29:9,10 99:14 132:20 164221,23 i6i:4 31:9 3323 375 149:7,21 158:3 162:7,21,23 168:4 41:2,4,6,23 43:ll 37:U 52:13 58:9 183:15 187:9 169:17 172:6 43:13,17,19 442 124:12,15 13421 mag 54:13 5516 182:3185:11 442 45:3,5,9,23 13625 1442 5525 6722 189:2,19,25 4524 46:2,7,16 157:17 163:lO wrote 9:13 62:4 192:11,13,15,17 47:13,13 50:24,25 16421 172:s 119:12 145:17,23 192:18 19356 51:16,17 521224 174:6 17518 14525 17519 wanted 72:1185:1; 52:24 53:12.,15,16 179:24 1857.9 178:18 183:13 97:14,16 102:21 54:13,14,17,18,19 197:11,15,20 110:17 111:6 55:22,23 56:2 198:3 X 116:ll 117:13 57:4,23,25 58:2 witnesses 190:16 X 198:2 118:12 138:19 58:14 59:4,6 wives 68:24 7512 Xerox 111:18 150:22 158:21,22 61:20,23,25 62:Z WOLFE 3:4 Xeroxcs 122:15 15823 160:9,25 6256.8 66:11,13 woman 120:12 191:12 192:20,21 66:15,20 67:20,23 Women 77:ll 193:10,11 72:ll,Zl,Z 73:s WooUcott 1875.5 wasn't 33:19 35:8 73:5,13 76:20 187:9 41:22 50:5,16 7723 87:4,5,9 word 24:21,22 25:l 1152 196:12 80:22 86: 14 89:17,2194:7,12 2510 6414 653 197:ll 198:4,17 103:17 108:17,17 98:10,11 103:6 7518 76:16,16 Yak 510 121:ll 129:9 107:20 108:2 94:21 121:6 122:s year 722 14:19,19 138:25 139:2 109:20 110:11,12 122:ll 148:lS 14:23 70:19 158:ll 182:16 1lO:l8,2O,2O,U wording 2425 150:13 183:3 188:15 111:8,8 112:3 8522 years 32:13 3323 waters 8:7 116:3,5,10,16,21 words 19:14 23:18 38:17 43:16 54:9 way 823.24 11:16 1 l9:4,5,2l 120:4 23:19 24:6,17 5517 60:21 26: 14 552 58:24 122:lO 123:17 25: 12 41:9 48:23 146:16 148:s 93:13,16 94:2 102:8 108:6 172:15 198:18 (b) 108:12 220 111:15 ,O 16525 18412 184:16,21 1853 18521 186:4 199:19 !Os 61:18 !OO-word 131:18 !001 1:17 2:7 136:14 1375 163:4,17 197:22 199:11,15 12 18723 188:2,4 14 30:13,16 33:lO 34:3 163:4,17 198:24,25 199:15 145 14:9 25 1:17 2:7 30:7 32:17 198:22 26 18418 1852 28 13512 29 198:20