Prince v. Chodera - Declaration in Support of Motion for Expedited Discovery

8/13/2019 Prince v. Chodera - Declaration in Support of Motion for Expedited Discovery

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RAMALLO DEC. ISO MOTION FOR EXPEDITED DISCOVERY

Case No. 3:14-cv-00273 EDL

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Rhonda R. Trotter (State Bar No. 169241)Email address: [email protected] Ramallo (State Bar No. 241487)Email address: [email protected] SCHOLER LLP1999 Avenue of the Stars

Suite 1600Los Angeles, California 90067Telephone: (310) 788-1000Facsimile: (310) 788-1200

Attorneys for PlaintiffPRINCE ROGERS NELSON

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

PRINCE ROGERS NELSON, an individual,

Plaintiff,

v.

DAN CHODERA, an individual; KARINAJINDROVA, an individual; DOE 1 (akaPURPLEHOUSE2); DOE 2 (akaDABANG319); DOE 3(akaPURPLEKISSTWO); DOE 4 (akaWORLDOFBOOTLEG); DOE 5 (akaFUNKYEXPERIENCEFOUR); DOE 6 (aka

NPRUNIVERSE); DOE 7 (akaPSPMUSICBLOG); DOE 8 (akaTHEULTIMATEBOOTLEGEXPERIENCE); and DOES 9-20).

Defendants.

)))))))))))))))))))))

))


DECLARATION OF OSCARRAMALLO IN SUPPORT OFPLAINTIFF PRINCE ROGERSNELSON’S MOTION FOR

ADMINISTRATIVE RELIEF TOTAKE EXPEDITED DISCOVERY

Date: In ChambersTime: In ChambersCtrm: E - 15 th FloorJudge: Hon. Elizabeth D. Laporte

Case3:14-cv-00273-EDL Document10 Filed01/23/14 Page1 of 32



1 61845762_2.DOCX RAMALLO DEC. ISO MOTION FOR EXPEDITED DISCOVERY


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DECLARATION OF OSCAR RAMALLO

I, Oscar Ramallo, declare as follows:

1. I am an associate in the law firm of Kaye Scholer LLP, counsel for Plaintiff Prince

Rogers Nelson (“Plaintiff” ). I have personal knowledge of the facts set forth herein and, if called

as a witness, could and would testify competently to them.

2. A stipulation by Doe Defendants 1 through 8 could not be obtained to the present

administrative motion because their identities and locations are presently unknown. A stipulation

could not be obtained from the non-Doe Defendants (Dan Chodera and Karina Jindrova) because

Plaintiff is still attempting to complete service on these foreign-based individuals and relevant

information may be destroyed, for the reasons described in more detail below, prior to theirappearance in this lawsuit. Plaintiff ’s efforts to serve the non-Doe Defendants are also described

in more detail below.

DOES 1 THROUGH 8

3. Does 1 through 8 maintain or have maintained pseudonymous Google Blogger and/or

Facebook accounts that allow users to view, listen to, and/or download unauthorized copies of

Plaintiff’s live performances and/or unauthorized copies of other copyrighted works. The

Facebook accounts, Google Blogger accounts, and associated email addresses of Does 1 through

8 (based on Plaintiff’s understanding through pre -lawsuit investigation only) are listed in the

following table:

Doe

No.

Google Blogger Acct. Facebook Acct. Associated Email

1 PurpleHouse2.blospot.co.uk

PurpleHouse3.blogspot.co.uk

PurpleHouse4.blogspot.co.uk

Prince-Purple-House

2 DaBang319.blogspot.com DaBang319






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3 PurpleKissTwo.blogspot.com gettoffte@gmail.

com

4 WorldOfBootleg.blogspot.com

5 FunkyExperienceFour.

blogspot.com

6 NPRUniverse.blogspot.com

7 PSPMusicBlog.blogspot.com PRINCEsoloPrince

8 TheUltimateBootleg

Experience7.blogspot.com

4. In the past, Plaintiff’s counsel has asked Google and Facebook to reveal information

concerning the identity of individuals using their services to infringe Plaintiffs’ rights. Google

has ignored these requests, and Facebook has specifically responded it will not reveal such

information without a valid subpoena or court order.

5. Plaintiff’s counsel has also attempted to ascertain the identity of the Does by

conducting internet searches of their account names, searching online discussion forums of Prince

fan sites for their account names, searching popular social networking sites, and investigating the

content of the Doe ’s Blogger and/or Facebook pages. However, these efforts have not yielded the

true identity of these Does. Absent the requested discovery, Plaintiff’s counsel is unaware of any

other method of discovering the true identity of these Does.

6. For each of the Does with a Google Blogger Account or Gmail address listed above,

Plaintiff proposes serving a subpoena on Google in the form attached as Exhibit A (the “Google

Subpoena Form”). The first request in the Google Subpoena Form seeks directly identifying

information, such as names and mailing addresses, that the Doe may have provided to Google.

Because the Doe Defendants may not have necessarily provided accurate identifying information

to Google, the second request in the Google Subpoena Form seeks a subset of Google’s internet

protocol (“IP”) logs a ssociated with the Doe Defendant. I understand that these IP logs can be

used to identify the Doe Defendant’s Internet Service Provider (“ISP”) who, if given information






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from Google’s IP logs, can then determine which of the ISP’s subscriber is responsibl e for the

activity reflected in Google’s IP logs.

7. For each of the Does with a Facebook Account listed above, Plaintiff proposes serving

a subpoena on Facebook in the form attached as Exhibit B (the “Facebook Subpoena Form”).

The Facebook Subpoena Form is structured in a similar manner to the Google Subpoena Form,

with the first request seeking directly identifying information in Facebook’s possession, and the

second request seeking IP log information.

8. If subpoenas to Facebook and/or Google do not directly uncover the identity of a

particular Doe Defendant, Plaintiff proposes serving a subpoena on ISP in the form attached as

Exhibit C (the “ISP Subpoena Form”). Because Plaintiff does not currently have access toGoogle and Facebook’s IP logs, Plaintiff cann ot yet identify the particular ISP on which the ISP

Subpoena Form will be served. The ISP Subpoena Form is limited to seeking only the following

identifying information: name, addresses, telephone numbers, email addresses, and Media Access

Control addresses.

9. I understand that ISPs typically retain the information needed to identify a Doe

Defendant based on IP information for only a limited period of a time. UMG Recordings, Inc. v.

Doe , 2008 WL 4104214, at *4 (N.D. Cal. 2008).

10. Further, based on the fact that their pages are no longer publicly accessible, it appears

that in response to Plaintiffs’ pre -lawsuit activities the Facebook and/or Google accounts of Does

1 and 2 have been deleted. Moreover, after the filing of this lawsuit was discussed on a Prince

fan online bulletin board, the Google accounts of Does 3 and 6 appear to have been deleted.

Thus, the accounts of these Does and any Does that delete their accounts in the future as news of

this lawsuit spreads are especially likely to risk data retention issues.

THE NON-DOE DEFENDANTS

11. The non-Doe Defendants, Dan Chodera and Karina Jindrova, are associated with a

Facebook account at www.facebook.com/krstynafanpage. (This account appears to have been

deleted on or about January 22, 2014, after this lawsuit was filed.)






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12. Prior to the filing of this lawsuit, counsel for Plaintiff sent numerous take down

notices to Facebook under the Digital Millennium Copyright Act (“DMCA”) with respect to the

large number of videos posted to the account that infringed the copyrights in Prince’s musical

compositions.

13. On January 9, 2014, Facebook forwarded to me two counter-notifications to one of

the DMCA take down notices. The counter-notification was purportedly made by Dan Chodera,

who gave a French mailing address. In his counter-notification, Chodera signed under penalty of

perjury that he had “a good faith belief that the material in question was removed or disabled as a

result of mistake or misidentification.” These counter -notifications are attached hereto as

Exhibits D & E . In reality, Plaintiff has never authorized Chodera to post copies of his work toFacebook.

14. Similarly, on January 15, 2014, Facebook forwarded to me a counter-notification

purportedly made by Karina Jindrova, who gave a Czech mailing address. In her counter-

notification, Jindrova signed under penalty of perjury that she had “a good faith belief that the

material in question was removed or disabled as a result of mistake or misidentification.” This

counter-notification is attached hereto as Exhibit F . In reality, Plaintiff has never authorized

Jindrova to post copies of his work to Facebook.

15. As a result of Chodera’s and Jindrova’s counter -notices, Facebook stated it would

reinstate infringing content that had previously been taken down, unless Plaintiff filed a lawsuit

within 10 to 14 business days. See 17 U.S.C. § 512(g)(2) (requiring a content provider to replace

removed material after receipt of a counter-notification). Thus, the counter-notices potentially

would have allowed Chodera and Jindrova to continue posting infringing content.

16. Plaintiffs’ counsel is diligently attempting to serve Chodera and Jindrova. On January

22, 2014, Plaintiff submitted a service package to the Clerk for service of Chodera in France via

overnight FedEx pursuant to Federal Rule of Civil Procedure 4(f)(2)(C)(ii) to the address

provided in Chodera’s counter -notifications. (Docket No. 8). As to Jindrova, on January 22,

2014, Plaintiff’s counsel sent a Hague service request package via overnight FedEx to the






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Ministry of Justice of the Czech Republic for service at the address provided in Jindrova’s

counter-notification. The Czech Republic estimates in most cases service in this form takes

between 2 and 4 months. See The Czech Republic’s response to the 2008 Hague Conference

questionnaire on the practical operation of the Service Convention, at 9, available at

http://www.hcch.net/upload/wop/2008czechrepublic14.pdf.

17. While Chodera and Jindrova consented to accept service of process when they

submitted their counter-notifications ( see Exhibits D through F), Plaintiffs’ counsel cannot verify

whether the addresses that Chodera and Jindrova provided for service were accurate, whether

Chodera and Jindrova will uphold their agreement to accept service, or whether Chodera and

Jindrova will timely appear and participate in a Rule 26 conference.

I declare under penalty of perjury under the laws of the United States that the foregoing is

true and correct.

Dated: January 23, 2014 By: /s/

Oscar Ramallo




EXHIBIT A




AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

U NITED STATES DISTRICT COURTfor the

__________ District of __________

))))))

Plaintiff

v. Civil Action No.

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTSOR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To:

(Name of person to whom this subpoena is directed)

’ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the followingdocuments, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of thematerial:

Place: Date and Time:

’ Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, orother property possessed or controlled by you at the time, date, and location set forth below, so that the requesting partymay inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.


The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty torespond to this subpoena and the potential consequences of not doing so.

Date:

CLERK OF COURT OR

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)

, who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoenaA notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whomit is directed. Fed. R. Civ. P. 45(a)(4).


Northern District of California

Prince Rogers Nelson

3:14-cv-00273 EDL

Dan Chodera, et al.

Google, Inc., 1600 Amphitheatre Parkway, Mountain View, California 94043

Please see attachment A.

Kaye Scholer LLP3000 El Camino Real, Suite 400Palo Alto, California 94306

Plaintiff,

Prince Rogers NelsonRhonda R. Trotter, Kaye Scholer LLP, 1999 Avenue of the Stars, Suite 1600, Los Angeles, CA 90067; (310) 788-1053;[email protected]



AO 88A (Rev. 12/13) Subpoena to Testify at a Deposition in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

on (date) .

’ I served the subpoena by delivering a copy to the named individual as follows:

on (date) ; or

’ I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also

tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of $ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

0.00





Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B) within the state where the person resides, is employed, or regularly

transacts business in person, if the person (i) is a party or a party’s officer; or (ii) is commanded to attend a trial and would not incur substantialexpense.

(2) For Other Discovery. A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, isemployed, or regularly transacts business in person; and (B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorneyresponsible for issuing and serving a subpoena must take reasonable stepsto avoid imposing undue burden or expense on a person subject to thesubpoena. The court for the district where compliance is required must

enforce this duty and impose an appropriate sanction—which may includelost earnings and reasonable attorney’s fees—on a party or attorney whofails to comply.

(2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to producedocuments, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition,hearing, or trial. (B) Objections. A person commanded to produce documents or tangiblethings or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to

producing electronically stored information in the form or forms requested.The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made,

the following rules apply: (i) At any time, on notice to the commanded person, the serving partymay move the court for the district where compliance is required for anorder compelling production or inspection. (ii) These acts may be required only as directed in the order, and theorder must protect a person who is neither a party nor a party’s officer fromsignificant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district wherecompliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply; (ii) requires a person to comply beyond the geographical limitsspecified in Rule 45(c); (iii) requires disclosure of privileged or other protected matter, if no

exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by asubpoena, the court for the district where compliance is required may, onmotion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research, development,or commercial information; or (ii) disclosing an unretained expert’s opinion or information that doesnot describe specific occurrences in dispute and results from the expert’sstudy that was not requested by a party. (C) Specifying Conditions as an Alternative. In the circumstancesdescribed in Rule 45(d)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot beotherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documentsmust produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified.If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in

which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Informat ion. The personresponding need not provide discovery of electronically stored informationfrom sources that the person identifies as not reasonably accessible becauseof undue burden or cost. On motion to compel discovery or for a protectiveorder, the person responding must show that the information is notreasonably accessible because of undue burden or cost. If that showing ismade, the court may nonetheless order discovery from such sources if therequesting party shows good cause, considering the limitations of Rule26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed informationunder a claim that it is privileged or subject to protection as trial-preparation

material must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself

privileged or protected, will enable the parties to assess the claim. (B) Information Produced. If information produced in response to asubpoena is subject to a claim of privilege or of protection astrial-preparation material, the person making the claim may notify any partythat received the information of the claim and the basis for it. After beingnotified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the informationuntil the claim is resolved; must take reasonable steps to retrieve theinformation if the party disclosed it before being notified; and may promptly

present the information under seal to the court for the district wherecompliance is required for a determination of the claim. The person who

produced the information must preserve the information until the claim isresolved.

(g) Contempt.The court for the district where compliance is required—and also, after amotion is transferred, the issuing court—may hold in contempt a personwho, having been served, fails without adequate excuse to obey thesubpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).




ATTACHMENT A TO GOOGLE SUBPOENA

Request No. 1.

Documents sufficient to identify the identity of the user of the [INSERT BLOGGER

ACCOUNT NAME OR GMAIL ADDRESS], including documents that provide all names,

mailing addresses, phone numbers, billing information, and the date of account creation, but

excluding the content of any email communication.

Request No. 2

All internet protocol (“IP”) logs related to the user of the [INSERT BLOGGER

ACCOUNT NAME OR GMAIL ADDRESS], including IP address information and associatedtime stamp information, within the past year and at the time of account creation.




EXHIBIT B






__________ District of __________

))))))

Plaintiff

v. Civil Action No.

Defendant


To:







Date:

CLERK OF COURT OR






Northern District of California


3:14-cv-00273 EDL

Dan Chodera, et al.

Facebook, Inc., 1601 Willow Road, Menlo Park, California 94025


Kaye Scholer LLP3000 El Camino Real, Suite 400Palo Alto, California 94306

Plaintiff,





Civil Action No.



on (date) .


on (date) ; or


.







Server’s address


0.00




































ATTACHMENT A TO FACEBOOK SUBPOENA

Request No. 1.

Documents sufficient to identify the identity of the user of the [INSERT FACEBOOK

ACCOUNT NAME], including documents that provide all names, mailing addresses, phone

numbers, billing information, and the date of account creation, but excluding the content of any

email communication or Facebook message.

Request No. 2

All internet protocol (“IP”) logs related to the user of the [INSERT FACEBOOK

ACCOUNT NAME], including IP address information and associated time stamp information,

within the past year and at the time of account creation.




EXHIBIT C






__________ District of __________

))))))

Plaintiff

v. Civil Action No.

Defendant


To:







Date:

CLERK OF COURT OR






[COURT OF ISP DISTRICT]


3:14-cv-00273 EDL

Dan Chodera, et al.

[ISP NAME], [ISP ADDRESS]


[LOCATION IN ISP DISTRICT]

Plaintiff,





Civil Action No.



on (date) .


on (date) ; or


.







Server’s address


0.00




































ATTACHMENT A TO ISP SUBPOENA

Request No. 1.

Documents sufficient to identify all persons associated with the following internet

Protocol (“IP”) addresses:

[INSERT IP INFORMATION OBTAINED FROM GOOGLE AND/OR FACEBOOK

SUBPOENAS]

including all names, mailing addresses, phone numbers, email addresses, and Media Access

Control addresses, but excluding the content of any email communication.




EXHIBIT D




1

Ramallo, Oscar

From: [email protected] on behalf of Facebook[[email protected]]

Sent: Thursday, January 09, 2014 3:54 PMTo: Ramallo, Oscar Subject: Re: Copyright Notification Complaint: #445963138837237

Categories: RETAIN

Hi,

We are contacting you because we have received a counter-notification claiming that contentwe removed at your request was removed or disabled as a result of mistake ormisidentification. The counter-notification, as well as any relevant subsequentcorrespondence, is included below.

Under the counter-notification process described in section 512(g)(2) of the DigitalMillennium Copyright Act (“DMCA”), we will replace or cease disabling access to the removedmaterial in 10 to 14 business days unless you notify us that you have filed an action seeking

a federal court order to restrain the reported party from engaging in infringing activity onFacebook related to the material in question.

No response to this email is required unless you have filed an action as described above andwish to provide us with notice of the action (preferably, along with a copy of your filedcomplaint), either by replying to this email or by sending it to our designated agent at theaddress listed below. Please note that you will likely receive a faster response by replyingto this email with notice of the action.

Facebook, Inc.Attn: Facebook Designated Agent1601 Willow RoadMenlo Park, CA 94025650.543.4800 (phone)650.560.6293 (fax)

If you need to contact us about new or additional reports of alleged infringement, pleasesubmit a new claim using our form:

https://www.facebook.com/help/contact_us.php?id=208282075858952

Name:Dan Chodera

Mailing Address:

25Rue de Saing CloudVille Davrey

Telephone:0033661892728

Email:[email protected]

Please provide URL(s)/description leading to where the content appeared on Facebook:"Prince - Face down on Chris Rock show"




2

https://www.facebook.com/photo.php?v=1447591538801259&set=vb.170598233095744&type=3&theater

By submitting this counter-notice, you:consent to the jurisdiction of the Federal DistrictCourt for the judicial district in which your address is located, or if your address isoutside the United States, for any judicial district in which Facebook, Inc. may befound.agree to accept service of process from the party who reported your content, or thatparty's agent.state under penalty of perjury that you have a good faith belief that the

material in question was removed or disabled as a result of mistake or misidentification.:I Agree

Electronic Signature:Dan Chodera

Thanks,

LydiaUser Operations

Facebook-----Original Message-----From: [email protected]:Subject: Copyright Notification Complaint: #650778431640884

Your name: Oscar RamalloYour organization or client (if applicable): NPG Records Your job title (if applicable):Attorney Mailing address: 1999 Avenue of the Stars Suite 1600 Los Angeles CA 90067 Phonenumber: 3107881291 Your email address: [email protected] Confirm your emailaddress: [email protected] Where are you (or those you represent) based?: USA Whoowns the copyright?: My organization or client What type of content are you reporting?:Photo(s), video(s), note(s), share(s), wall post(s) or file(s) Please provide links (URLs)leading directly to the specific content you are reporting.:https://www.facebook.com/photo.php?fbid=10151819839733511&set=pb.180775913510.-2207520000.1386622767.&type=3&theaterWhy are you reporting this content?: This content copies my organization or client's workWhich of these best describes your organization or client's original copyrighted work?: Aphoto my organization or client took Where can we see an authorized example of yourorganization or client's work?: Authorized copies are not available online. The unauthorizedversions on facebook are direct copies of originals.

-----End Original Message-----




EXHIBIT E




1

Ramallo, Oscar

From: [email protected] on behalf of Facebook[[email protected]]

Sent: Thursday, January 09, 2014 3:54 PMTo: Ramallo, Oscar Subject: Re: Copyright Notification Complaint: #445963138837237

Categories: RETAIN

Hi,








Name:Dan Chodera

Mailing Address:

25 Rue de Saint CloudVille Davrey

Telephone:0033661892728


Please provide URL(s)/description leading to where the content appeared on Facebook:




2

"Prince - Breakfast can wait remix HONEY 2013https://www.facebook.com/photo.php?v=1439693142924432&set=vb.170598233095744&type=3&theater

By submitting this counter-notice, you:consent to the jurisdiction of the Federal DistrictCourt for the judicial district in which your address is located, or if your address isoutside the United States, for any judicial district in which Facebook, Inc. may befound.agree to accept service of process from the party who reported your content, or thatparty's agent.state under penalty of perjury that you have a good faith belief that the

material in question was removed or disabled as a result of mistake or misidentification.:I Agree

Electronic Signature:Dan Chodera

Thanks,

LydiaUser Operations

Facebook-----Original Message-----From: [email protected]:Subject: Copyright Notification Complaint: #650778431640884

Your name: Oscar RamalloYour organization or client (if applicable): NPG Records Your job title (if applicable):Attorney Mailing address: 1999 Avenue of the Stars Suite 1600 Los Angeles CA 90067 Phonenumber: 3107881291 Your email address: [email protected] Confirm your emailaddress: [email protected] Where are you (or those you represent) based?: USA Whoowns the copyright?: My organization or client What type of content are you reporting?:Photo(s), video(s), note(s), share(s), wall post(s) or file(s) Please provide links (URLs)leading directly to the specific content you are reporting.:https://www.facebook.com/photo.php?fbid=10151819839733511&set=pb.180775913510.-2207520000.1386622767.&type=3&theaterWhy are you reporting this content?: This content copies my organization or client's workWhich of these best describes your organization or client's original copyrighted work?: Aphoto my organization or client took Where can we see an authorized example of yourorganization or client's work?: Authorized copies are not available online. The unauthorizedversions on facebook are direct copies of originals.





EXHIBIT F




1

Ramallo, Oscar

From: [email protected] on behalf of Facebook [[email protected]]

Sent: Wednesday, January 15, 2014 5:05 AMTo: Ramallo, Oscar Subject: Re: Other Notification Complaint: #503815933032032

Categories: RETAIN

Hi,








Name:Karina Jindrova

Mailing Address:

Benkova 1714Praha 4

Telephone:00420604629496


Please provide URL(s)/description leading to where the content appeared on Facebook:




2

https://www.facebook.com/photo.php?v=571660159530984&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=571655272864806&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=571652522865081&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=578132515550415&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=574146709282329&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=590237101006623&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=594486513915015&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=579342298762770&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=580630105300656&set=vb.170598233095744&type=3&theater

https://www.facebook.com/photo.php?v=574734155890251&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=576100435753623&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=577973042233029&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=571663352863998&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=569517409745259&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=571649979532002&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=573938869303113&set=vb.170598233095744&type=3&theater

By submitting this counter-notice, you:consent to the jurisdiction of the Federal DistrictCourt for the judicial district in which your address is located, or if your address isoutside the United States, for any judicial district in which Facebook, Inc. may befound.agree to accept service of process from the party who reported your content, or that

party's agent.state under penalty of perjury that you have a good faith belief that thematerial in question was removed or disabled as a result of mistake or misidentification.:I Agree

Electronic Signature:Karina Jindrova

Thanks,

EnnaUser OperationsFacebook

-----Original Message-----From: [email protected]:Subject: Copyright Notification Complaint: #562415563822247

Your name: Oscar RamalloYour organization or client (if applicable): Prince Rogers Nelson, Paisley Park Enterprises,Inc. & NPG Records Your job title (if applicable): Associate Mailing address: Kaye ScholerLLP1999 Avenue of the Stars, Suite 1600

Los Angeles, CA 90067Phone number: 3107881291Your email address: [email protected] Confirm your email address:[email protected] Where are you (or those you represent) based?: USA Who owns thecopyright?: My organization or client What type of content are you reporting?: Photo(s),video(s), note(s), share(s), wall post(s) or file(s) Please provide links (URLs) leadingdirectly to the specific content you are reporting.:https://www.facebook.com/photo.php?v=1403354609882778&set=vb.170598233095744&type=3&theaterPlease provide additional links (URLs) leading directly to the specific content you arereporting.:https://www.facebook.com/photo.php?v=1401933356691570&set=vb.170598233095744&type=3&theater




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https://www.facebook.com/photo.php?v=1401450013406571&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1401420956742810&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1401316913419881&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1401228290095410&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1399920936892812&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1399745336910372&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1396674557217450&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1391734984378074&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1391691427715763&set=vb.170598233095744&type=3&theater

https://www.facebook.com/photo.php?v=1391152777769628&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1391013387783567&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1390873614464211&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1390873614464211&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1390450941173145&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1387325701485669&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1387238614827711&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1387185298166376&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1382627435288829&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1379461568938749&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=1374307809454125&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=594486513915015&set=vb.170598233095744&type=3&theater

https://www.facebook.com/photo.php?v=590237101006623&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=121860791353482&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=119839964888898&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=580630105300656&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=112765528929675&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=579342298762770&set=vb.170598233095744&type=3&theater


https://www.facebook.com/photo.php?v=577973042233029&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=576100435753623&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=574734155890251&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=574146709282329&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=574146709282329&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=110041082532410&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=110039509199234&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=110038185866033&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=109829985886853&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=573938869303113&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=632371476789544&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=632369866789705&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=632365313456827&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=632361443457214&set=vb.170598233095744&type=3&theater


https://www.facebook.com/photo.php?v=632354733457885&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=632353550124670&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=632352500124775&set=vb.170598233095744&type=3&theater

https://www.facebook.com/photo.php?v=571663352863998&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=571660159530984&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=571655272864806&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=571652522865081&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=571649979532002&set=vb.170598233095744&type=3&theaterhttps://www.facebook.com/photo.php?v=569517409745259&set=vb.170598233095744&type=3&theater




Why are you reporting this content?: This content copies my organization or client's workWhich of these best describes your organization or client's original copyrighted work?: Thispage posts unauthorized bootleg recordings of Prince's music for which there are noauthorized examples. Authorized copies of Prince's music may be found at a record store orreputable online music service.Please describe your organization or client's copyrighted work.: This page posts unauthorizedbootleg recordings of Prince's music for which there are no authorized examples. Authorizedcopies of Prince's music may be found at a record store or reputable online music service.

Where can we see an authorized example of your organization or client's work?: This pageposts unauthorized bootleg recordings of Prince's music for which there are no authorizedexamples. Authorized copies of Prince's music may be found at a record store or reputableonline music service.

