Exhibits Re Motion to Exclude Tenenbaum Experts

8/14/2019 Exhibits Re Motion to Exclude Tenenbaum Experts

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EXHIBIT A

Case 1:03-cv-11661-NG Document 841-2 Filed 06/05/2009 Page 1 of 55


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UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS

_____________________________________)

CAPITOL RECORDS, INC.,et al.

, ))Plaintiffs, ) Civ. Act. No.

) 03-CV-11661-NGv. ) (LEAD DOCKET NUMBER)

)NOOR ALAUJAN, )

)Defendant. )

_____________________________________ )

_____________________________________

)SONY BMG MUSIC ENTERTAINMENT, et al., )

)Plaintiffs, ) Civ. Act. No.

) 07-CV-11446-NGv. ) (ORIGINAL DOCKET NUMBER)

)JOEL TENENBAUM, )

)Defendant. )

_____________________________________ )

DECLARATION AND EXPERT REPORT OF DR. J.A. POUWELSE

Pursuant to Fed. R. Civ. P. 26(a)(2) and the general rules

governing disclosure of expert testimony, Defendant hereby submits

the following expert report of witness Dr. Johan Pouwelse. This

report describes the testimony which will be provided by Dr.

Pouwelse on behalf of Defendant Joel Tenenbaum.

I. Statement of Expert Opinion



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I, Dr. J.A. Pouwelse, will provide expert testimony

regarding peer-to-peer file-sharing networks, the procedures

required to be adopted to accurately identify users and activity

on a file-sharing network, the Plaintiffs failure to adopt such

procedures, and the inaccuracies and flawed assertions in the

expert testimony submitted by Dr. Doug Jacobsen. Furthermore, I

will also provide testimony on alternatives to file-sharing

networks to obtain digital music, the cost of obtaining such

music and financial impact of downloading through peer-to-peer

file-sharing networks.

I will testify to the following:

i. the technical characteristics of peer-to-peer file-sharing networks and their relevance in determining

the identity of users on the file-sharing network,

specifically in refuting factual assertions made by

expert witness Doug Jacobsen;

ii. the structure of Internet IP addresses and the use ofprivate non-globally unique IP addresses in peer-to-

peer file sharing networks, which were not properly

considered by Plaintiffs expert;

iii. the procedures required to be undertaken in order toestablish whether a certain computer is being used to

make copyrighted works available for download via a

peer-to-peer network,



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iv. the failure by MediaSentry to adopt several of theserequired procedures;

v. the general lack of acceptance of the methodsemployed by MediaSentry in the technical and

scientific communities;

vi. the large number of factual errors in the reportprovided by expert witness Doug Jacobsen;

vii. the contradictions between Dr. Jacobsens report andprevious sworn deposition testimony he has provided;

viii. the previous erroneous claims made by MediaSentryagainst multiple institutions;

ix. the conflicts of interest of Dr. Jacobsen which arerelevant in assessing his objectivity in providing

testimony on behalf of Plaintiffs;

x. the lack of examination by Dr. Jacobsen of potentialerror rates;

xi. the lack of exploration of alternative explanationsfor the data assessed;

xii. the general lack of professionalism inherent in Dr.Jacobsens expert report which makes the report

unacceptable based on relevant technical and

scientific standards.

xiii. the lack of any serious scientific article writtenby Dr Jacobsen in the area of peer-to-peer file-



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sharing networks or computer science in general in

the past 20 years;

xiv. the alternatives to file-sharing networks forobtaining digital music through The Internet;

xv. the monetary impact of downloading through peer-to-peer file-sharing networks.

II. Data ConsideredThe following data was considered in providing my expert

report:

i. SafeNet Screenshots of Defendants computer (Ex. Bto Complaint);

ii. SafeNet Systemlogs from August 10, 2004 (Plaintiffs'Exhibit List, Ex. 6);

iii. SafeNet Userlogs from August 10, 2004 (Plaintiffs'Exhibit List, Ex. 8);

iv. SafeNet Download Logs from August 10, 2004(Plaintiffs' Exhibit List, Ex. 9);

v. SafeNet Trace of August 10, 2004 (Plaintiffs' ExhibitList, Ex. 10);

vi. Screenshots of KaZaa installation (Plaintiffs'Exhibit List, Ex. 12);

vii. November 3, 2004 Subpoena to Cox Communications,Inc., with copy of Courts Order Granting Immediate

Discovery (Plaintiffs' Exhibit List, Ex. 13);



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viii. Letter to Cox High Speed Internet Customer(Plaintiffs' Exhibit List, Ex. 14);

ix. Response of Cox Communications, Inc. to November 3,2004 Subpoena (Plaintiffs' Exhibit List, Ex. 15);

x. Prior sworn testimony provided by Dr. Jacobsen,including testimony in UMG v. Lindor (E.D.N.Y.)

xi. Declaration and Expert Report of Dr. Doug Jacobsen,dated October 7, 2008;

xii. Scientific research related to peer-to-peer filesharing networks and identification of users on these

networks;

xiii. Research previously published by me related to file-sharing networks, accepted procedures for analyzing

activity on such networks, and previous reports and

testimony provided by Dr. Jacobsen;

xiv. Expert report of Dr. Yongdae Kim from Capitol v.Thomas (D.Minn.).

xv. Defendant reserves the right to add additionalexhibits prior to Dr. Pouwelses providing expert

testimony.

III. Exhibits that Will be Used to Summarize or Support ExpertTestimony Provided

See section II above.



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IV.My Qualifications, including List of Publications Authored inthe Past Ten Years

I am an Assistant Professor at Delft University of

Technology in the Netherlands, where I lead a research group

investigating peer-to-peer technology. Since January 2008 I have

been the scientific director of a 19 Million Euro project

investigating the next-generation of peer-to-peer technology,

called P2P-Next. As of March 2009 I also am technical director

of a 6.8 Million Euro project investigating the purest form of

peer-to-peer technology self-organizing systems in the

QLectives project. Both projects are sponsored by research

grants from the European Union under the 7th Framework program.

Due to these grants, my team is at this time the largest peer-

to-peer research team of its kind in the world.

My list of publications is as follows:

i. J. Pouwelse, P. Garbacki, J. Wang, A. Bakker, J.Yang,A.Iosup, D.Epema, M.Reinders, M. van Steen, H.Sips,

"Tribler: A Social-Based Peer-to-Peer System", 5th

International Workshop on Peer-to-Peer Systems

(IPTPS'06), Feb 2006.

ii. J.A. Pouwelse, P. Garbacki, D.H.J. Epema, H.J. Sips,"The Bittorrent P2P File-sharing System: Measurements

and Analysis", 4th International Workshop on Peer-to-

Peer Systems (IPTPS'05), Feb 2005.



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iii. J.A. Pouwelse, M. van Slobbe, J. Wang, H.J. Sips,"P2P-based PVR Recommendation using Friends, Taste

Buddies and Superpeers", Beyond Personalization 2005,

Workshop on the Next Stage of Recommender Systems

Research, San Diego, USA, Jan 2005.

iv. J.R. Taal, J.A. Pouwelse, R.L. Lagendijk, "ScalableMultiple Description Coding for Video Distribution in

P2P networks", 24th Picture Coding Symposium,

December 2004, San Francisco, USA.

v. J.A. Pouwelse, J.R. Taal, R.L. Lagendijk, D.H.J.Epema, and H.J. Sips, "Real-time Video Delivery using

Peer-to-Peer Bartering Networks and Multiple

Description Coding", IEEE Int'l Conference on

Systems, Man and Cybernetics, October 2004.

vi. J.A. Pouwelse, P. Garbacki, D.H.J. Epema, H.J. Sips,"A Measurement Study of the BitTorrent Peer-to-Peer

File-Sharing System", technical report PDS-2004-003,

April 2004.

vii. J.A. Pouwelse, "Open Information Pools", UsenixConference, San Diego, 1999.

viii. J.A. Pouwelse, K. Langendoen, H. Sips, "Application-directed voltage scaling", IEEE Transactions on Very

Large Scale integration (TVLSI), Sep 2002 (invited

paper).



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ix. J.A. Pouwelse, K. Langendoen, H. Sips, "Voltagescaling on a low-power microprocessor", Mobile

Computing Conference (MOBICOM), Jul 2001.

x. J.A. Pouwelse, K. Langendoen, H. Sips, "Energypriority scheduling for variable voltage processors",

International Symposium on Low-Power Electronics and

Design (ISLPED), Aug 2001.

xi. J.A. Pouwelse, K. Langendoen, I. Lagendijk H. Sips,"Power-aware video decoding", Picture Coding

Symposium (PCS), 2001.

xii. J.A. Pouwelse, K. Langendoen, H. Sips, "Voltagescaling on a low-power microprocessor", MMSA, 2000.

xiii. J.A. Pouwelse, K. Langendoen, H. Sips, "Powerconsumption trade-off for wireless audio access",

Mobile Multimedia Conference (MoMuC), Japan, 2000.

xiv. J.A. Pouwelse, K. Langendoen, H. Sips, "Low-powertechnology for augmented reality terminals",

International Workshop on Augmented Reality (IWAR),

1998.

xv. J.A. Pouwelse, "Power Management for PortableDevices", Delft University of Technology, 20 Oct

2003.

V. List of Cases During Past Four Years in Which the WitnessTestified as an Expert At Trial or by Deposition



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a.UMG Recordings, Inc. et al v. Lindor (E.D.N.Y.)b.Brein Foundation v. UPC (The Netherlands)c.Stokke v. Markplaats (The Netherlands)

VI. Statement of the Compensation to be Paid for the Study andTestimony in the Case

This study and testimony is provided free of charge.

Reasonable expenses in preparing for and providing testimony in

the case may be refunded by defendant.



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EXHIBIT B



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EXHIBIT A



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BOOKS

_______, with Ronald Deibert, Rafal Rohozinski, and Jonathan Zittrain, eds. ACCESS DENIED:THE PRACTICE ANDPOLITICS OF INTERNET FILTERING (MIT Press, 2008).

_______, with Urs Gasser, BORN DIGITAL:CONNECTING WITH A GLOBAL GENERATION OF DIGITAL NATIVES(Basic Books, 2008)

LAW JOURNAL PUBLICATIONS

________, with Robert Rogoyski,A Move to the Middle: The Enduring Threat of Harmful Speech to the End-to-End Principle, 21 WASH. U.J.L. & POLY 31 (2006).

________, with Urs Gasser, Catch-as-Catch-Can: A Case Note on Grokster, SWISS REVIEW OF BUSINESS ANDFINANCIAL MARKET LAW 78 (2006), Vol. 2.

________, The End of the Experiment: How ICANNs Foray into Global Internet Democracy Failed, 17HARV.J.L.TECH. 410 (2004).

________, with David R. Johnson & Susan P. Crawford, The Accountable Net: Peer Production of InternetGovernance,9VA.J.L.&TECH.9 (2004).

CHAPTERS IN BOOKS

________, Reluctant Gatekeepers: Corporate Ethics on a Filtered Internet, book chapter in GLOBAL INTERNETTECHNOLOGY REPORT,2006-2007 (World Economic Forum/Macmillan, 2007).

________, Local Nets: Filtering and the Internet Governance Problem, book chapter in THE GLOBAL FLOW OFINFORMATION, Jack Balkin et al., eds. (forthcoming).

________, Global Innovation and Licensing Opportunities on the Internet, book chapter in LICENSING BESTPRACTICES, (New York: John Wiley & Sons, 2006).

________, Stemming the International Tide of Spam, book chapter in TRENDS IN TELECOMMUNICATIONS REFORM(International Telecommunication Union, 2006).

________, with Lawrence Lessig and Mary Rundle, Net Dialogue Perspectives on International NetGovernance, book chapter in WORLD SUMMIT ON THE INFORMATION SOCIETY (WSIS)JOURNAL (2005).

________, Holding Out for an Interoperable DRM Standard, book chapter in DIGITAL RIGHTS MANAGEMENT:THEEND OF COLLECTING SOCIETIES?, (Berne: Staempfli, 2005).

OTHER RECENT PUBLICATIONS

________, with Urs Gasser, Breaking Down Digital Barriers: How and When Interoperability Leads toInnovation, plus three companion case studies on DRM, Digital Identity, and Web Services, (Berkman CenterPublications Series, 2007).

________, Case Commentary: We Googled You, HARVARD BUSINESS REVIEW (June, 2007).

________, with Derek Bambauer and David Abrams,A Comparative Analysis of Spam Laws: The Quest for a



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Model Law(International Telecommunication Union, 2005).

________, with David R. Johnson & Susan P. Crawford, Trusting the Net: Peer Production of InternetGovernance, __ INFORMATION TECHNOLOGIES AND INTERNATIONAL DEVELOPMENT __ (Cambridge: MIT Press,2005).

________, with Ronald Deibert, Jonathan Zittrain, and Rafal Rohozinski, a series of reports on Internet Filteringin countries including Saudi Arabia, China, Iran, Vietnam, the UAE, Yemen, Singapore, and Bahrain, publishedthrough the OpenNet Initiative, at http://www.opennet.net/ (2004 present).

________, with William W. Fisher, et al., Copyright and Digital Media in a Post-Napster World, Berkman CenterPublications Series, jointly with Gartner|G2 (2003 and 2005 editions).

________, with William W. Fisher, et al., Content & Control: Assessing the Impact of Policy Choices on PotentialOnline Business Models in the Music and Film Industries, Berkman Center Publications Series, (2005).________, with William W. Fisher, et al., iTunes: How Copyright, Contract, and Technology Shape the Businessof Digital Media . A Case Study, Berkman Center Publications Series, (2004).

________,ABA Report on Dispute Resolution in E-Commerce, DISPUTE RESOLUTION MAGAZINE, Winter 2003, at38.

________,OP-EDS AND COLUMNS: In major daily, weekly and monthly publications, such as The Digital CopyrightCrisis (Boston Globe, September 7, 2004), Electronic Voting and Copyright (C|Net, October 5, 2004), EngagingYoung Bostonians in Citizenship (Boston Globe, July 5, 2004), Somerville Stumps in Cyberspace (BostonGlobe, September 2, 2005) Censorship, Inc.? (Newsweek, February 27, 2006). Deploying the Wisdom of theCrowds Against Badware (with Prof. Jonathan Zittrain, in CNET, July 29, 2006); The Law School Curriculum:What is Technologys Role? (National Law Journal, November 13, 2006).

OTHER PROFESSIONAL EXPERIENCE

Associate, Ropes & Gray LLP

Boston, MA, 2001 2002: Attorney working on intellectual property, Internet law, private equityinvestments, and corporate matters. Admitted to the Massachusetts & New York Bars.

Co-Founder and Vice-President of Operations, Analine Technologies

Boston, MA, 1999 2001: Responsible for operations, business development and finance for start-up.Raised venture capital and angel financing. Company acquired by competitor.

Special Assistant to John DeVillars, U.S. EPA-New England AdministratorBoston, MA, 1994 1996, 1999 2000: Appointed by theWhite House to serve as political aide to NewEnglands senior environmental official, serving as speechwriter, press officer, editor and advisor.

Campaign Management, Staff, and InternshipsWashington, DC and Boston, MA, 1987 1998: Directed all aspects of a state-wide campaign for Attorney

General of Massachusetts (for state Sen. Lois Pines), including fund-raising, field organization, volunteercoordination, and advance. Campaign to Elect Christopher Lydon, 1993; Sierra Club National LegislativeOffice, Summer 1992; Campaign Director, National Environmental Law Center, Summer 1991; FieldManager, U.S. Public Interest Research Group, Summer 1990.



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SELECTED BOARDS AND OTHER PROFESSIONAL ACTIVITIES

Member, Board of Directors, Mass2020 Foundation, 2005 present. Founder and Chairman, Board of Directors, Top Ten Media Holdings, LLC, 2005 present. Venture Executive, Highland Capital Partners, 2007 present. Member, Board of Directors, My Virtual Model, Inc., 2006 2008. Member, Board of Directors, Newsilike Media Group, Inc., 2005 present. Member, Board of Advisors, BlueWave Strategies, 2002 present. Member, Board of Directors, Charles River Watershed Association, 2001 2007. Co-Founder and General Partner, RSS Investors, L.P., 2005 2007.

EDUCATION

Harvard Law School: J.D. cum laude, June 2001

University of Cambridge: M.Phil. in Historical Studies, July 1997

Harvard College: A.B. magna cum laude in History and Literature of America, June 1994

Phillips Exeter Academy: High Honors; Lindsey Crawford Memorial Scholarship to Harvard College, 1990

AWARDS AND HONORS

Certificate of Distinction in Teaching, Awarded by the Bok Center at Harvard University, 2007 Deans Commendation for Excellence in Teaching, Harvard Extension School, 2005 Super Lawyers Rising Stars, 2005, 2006, 2007 (listed in Boston Magazine as a rising star in the field of law) Fellow, British-American Project, 2004 present IDEAS Boston, 2004 (chosen by Boston Globe as one of 32 leading thinkers from the New England region) Rotary Foundation Ambassadorial Scholar to the University of Cambridge, 1996-1997

U.S. EPA Gold Medal (highest national award), 1996 U.S. EPA Bronze Medal (highest regional award), 1996 U.S. Government Outstanding Scholar Program, 1994-1996 Commendation from Governor Lincoln Almond of Rhode Island for Excellence in Government Service, 1996 Honors thesis on anti-slavery and the transcendentalists, Harvard College, summa cum laude, 1994 Ford Foundation Research Grant for the study of American history, 1993 John Harvard Scholar, 1993; Harvard College Scholar, 1991, 1992, 1994 Deans List, Harvard College, 1990 - 1994. Everett Public Service Grant for research, 1992

ACTIVITIES

Harvard Varsity Squash: Co-captain of an undefeated National Championship team. Lettered on fourNational Championship teams, 1990 - 1994. John M. Barnaby Award for Improvement and Dedication, 1992,1994.

Boston Marathon: Finisher, 1992 & 1993.

Harvard Glee Club: First tenor and section leader, 1990-1994.

References available upon request.



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EXHIBIT C



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EXHIBIT D



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From: Timothy M ReynoldsSent: Friday, April 24, 2009 8:29 AM

To: [email protected]

Cc: 'Matthew H. Feinberg'; 'Cloherty, Dan'Subject: RE: Tenenbaum, J. (D. Mass)

Charlie: Please advise as to how long you will need to supplement Defendant's disclosures. Weneed to get something on file with the court regarding these deadlines as soon as possible. Tim

--------------------------------------------------------------------------------

From: Timothy M ReynoldsSent: Wednesday, April 22, 2009 2:10 PM

To: '[email protected]'

Cc: Matthew H. Feinberg; 'Cloherty, Dan'Subject: RE: Tenenbaum, J. (D. Mass)

Charlie: How long will you need to supplement? Tim

--------------------------------------------------------------------------------

From: Charles Nesson [mailto:[email protected]]

Sent: Wednesday, April 22, 2009 1:25 PMTo: Timothy M Reynolds

Cc: Matthew H. Feinberg

Subject: Re: Tenenbaum, J. (D. Mass)

tim, we will go back to each of our experts with your objections and supplement the disclosures.

On Mon, Apr 20, 2009 at 3:20 PM, Timothy M Reynolds wrote:

Hello Charlie:

I am following up on our conference regarding Defendant's witness disclosures under Rule26(a)(2). While Plaintiffs have serious questions concerning the admissibility of any testimony

from these witnesses under Rules 403 and 702, as a threshold matter, the disclosures provided by

Defendant do not satisfy Rule 26(a)(2)(B). Among other things, they fail to provide a statement

of the "opinions to be expressed and the basis and reasons therefor as well as a listing of thedata or other information considered by the witness in forming them. See Fed. R. Civ. P.

26(a)(2)(B).

The disclosure for Dr. J.A. Pouwelse fails to contain the information required under Rule

26(a)(2)(B)(i) and (ii). As we discussed, Dr. Pouwelse's report lists topics, but does not provide

any actual opinions or the basis for such opinions. Also, in section II of Dr. Pouwelse's report,items xii and xiii fail to identify the actual data considered.

The disclosure for John G. Palfrey fails to contain the information required under Rule26(a)(2)(B)(i), (ii), (iv), and (v). Like Dr. Pouwelse, Mr. Palfrey's report lists topics, but does



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2

not provide any actual opinions or the basis for such opinions. Mr. Palfrey's report also fails toidentify the data considered, contains no list of publications, and does not specify whether Mr.

Palfrey has ever testified as an expert at trial or deposition on any topic.

The disclosure for John Perry Barlow fails to contain the information required under Rule

26(a)(2)(B)(i), (ii), and (iv). Mr. Barlow's report does not provide any basis for his opinions,does not list the data considered, and does not list any qualifications or publications.

As we discussed, please let me know whether Defendant will agree to supplement these

disclosures. In addition, because Plaintiffs cannot complete their expert discovery or determine

whether rebuttal experts may be necessary until Defendant provides complete disclosures, pleaselet me know whether Defendant will agree to extending the deadline for Plaintiffs' rebuttal

disclosures and the deadline for completion of discovery.

If you have any questions, please let me know. Thanks very much.

Tim

Timothy M. Reynolds

Holme Roberts & Owen LLP

1801 13th Street, Suite 300Boulder, Colorado 80302

303.417.8510 (Direct)

303.866.0200 (Fax)[email protected]



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EXHIBIT E



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From: Raymond BilderbeckDate: Sun, Mar 29,2009 at 8:08 PMTo: nesson at law.harvard.eduCc: lessig at pobox. comIf I can weigh in on this, I would have to agree that if the centerpiece of our case at trial is goingto be this "noncommercial fair use" argument to which you seem committed, it would be a bigmistake to call Professor Lessig to the stand. From the sliver of his work that I have read, I gatherthat even if he agreed to say what we would like him to say (which seems unlikely), opposingcounsel would have a field day on cross-examination, given his extensive writings on these issues.When writing the "draft" disclosures in light of your comments on my initial draft, I found myselfwriting more from your perspective on the case than based upon anything I had gleaned fromProfessor Lessig's work. I just assumed that you knew something about Professor Lessig that I didnot. Apparently, this is not the case.All of this looks very bad from my perspective. I think that introducing our experts at this latestage to the very novel argument that we intend to raise at trial - an argument which has no realbasis in case law or moderate academic scholarship - is a blunder that could have very seriousconsequences. At this point, I have no idea what our disclosures will look like. And they have to

http://blogs.law .harvard.edu/nesson/ 3/30/2009



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be filed TOMORROW. Bad, bad, bad.We should have been working on this for weeks rather than days.R. >it is practically impossible to frame and present a nullification case. despite>=== message truncated ===

http://blogs.law .harvard.edu/nesson/ 3/30/2009



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EXHIBIT F



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UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS

_____________________________________)

CAPITOL RECORDS, INC.,et al.

, ))Plaintiffs, ) Civ. Act. No.

) 03-CV-11661-NGv. ) (LEAD DOCKET NUMBER)

)NOOR ALAUJAN, )

)Defendant. )

_____________________________________ )

_____________________________________

)SONY BMG MUSIC ENTERTAINMENT, et al., )

)Plaintiffs, ) Civ. Act. No.

) 07-CV-11446-NGv. ) (ORIGINAL DOCKET NUMBER)

)JOEL TENENBAUM, )

)Defendant. )

_____________________________________ )

AMENDED DECLARATION OF JOHN PERRY BARLOW

1. I, John Perry Barlow, am the vice-chairman of the

board of directors of the Electronic Freedom Foundation, an

organization I co-founded in 1990. Since May of 1998, I have

been a Fellow at the Berkman Center for Internet and Society. I

am a poet and musician, and between 1971 and 1995, I was a

lyricist for the Grateful Dead, a well renowned American music

group. I previously served on the masthead of Wired magazine. In

the past I have contributed articles to Wired, the New York



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Times, and Communications of the Association for Computing

Machinery. I speak, consult, and write for a living. These

positions and experiences qualify me to speak about the fairness

of peer-to-peer file sharing in the context of the recording

industry and the technological environment in which such actions

occur.

2. Given my personal experiences in the music industry,

and my position as a public intellectual in discourse on

copyright, music, and technology, I am able to testify about the

historical context of the record industrys anti-file sharing

campaign, its larger merits and shortcomings, and the social

implications of litigation such as that before this court. I am,

in particular, aware of how the economics of file-sharing can

work to the great benefit of musicians and creators. The

Grateful Dead allowed our fans to tape our concerts, essentially

giving our music away for free. In doing so, we essentially

invented viral marketing, solving an advertising problem that

our record companies were never to address and becoming

enormously successful in the process.

3. I will testify that the Internet, and peer-to-peer

technology in particular, allow us to do that which we, as

humans, fundamentally need to do: share art. I will explain how

digital technology has finally freed us from the physical medium

of CDs and other increasingly antiquated mediums, how this



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conversion challenges conventional application of the

institution of copyright, and why this natural evolution should

be welcomed.

4. I will testify that the music industry will never be

endangered because, for reasons I will not presume to know with

certainty, we as humans absolutely require music, and because in

the music business as I know it, familiarity, not scarcity,

creates value. I will explain why this means that the industry

surrounding music will never cease to exist in some form. I will

explain that the online world presents us with a gift economy,

where no moral blameworthiness attaches to non-commercial

sharing, and I will explain why this does not threaten the music

industry.

5. I will testify that the recording industry is

complicit in allowing itself to hold on to antiquated business

models rather than adjust to the changing landscape around them.

I will explain why the recording industry must evolve and why it

is improper for the industry to attempt to institutionalize

stagnation through their litigation and legislation efforts.

6. I will present no exhibits at trial.

7. I have not presented expert testimony, neither by

deposition nor at trial, in the past four years.

8. I am receiving no compensation for my testimony in

this case.



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9. I have no publications that I must list.

10. I declare under penalty of perjury under the laws of

the United States of America that the foregoing is true and

correct.

JOHN PERRY BARLOW

Dated: May 10, 2009



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Exhibits Re Motion to Exclude Tenenbaum Experts

Documents

Transcript of Exhibits Re Motion to Exclude Tenenbaum Experts