Initial Disclosures - The Public Index

The Author's Guild et al v. Google Inc. Doc. 30Case 1:05-cv-08136-JES Document 30 Filed 06/09/2006 Page 1 of 7UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKThe Authors Guild, et al. ::Plaintiffs, ::v. ::Google Inc., ::Defendant.The McGraw-Hill Companies, Inc., et al. ::Plaintiffs, ::v. ::Google Inc., ::Defendant.Case No. 05 CV 8136-JESCase No. 05 CV 8881-JESDEFENDANT, GOOGLE INC.’S INITIAL DISCLOSURES PURSUANT TOFEDERAL RULE OF CIVIL PROCEDURE 26(a)(1)Pursuant to Federal Rule of Civil Procedure 26(a)(1) and the joint Case ManagementOrder, defendant, Google Inc. (“Google”), through its undersigned counsel, makes the followinginitial disclosures to the plaintiffs in the above-referenced lawsuits. These disclosures are basedon information presently known and reasonably available to Google and which Googlereasonably believes it may use in support of its claims and defenses. Continuing investigationand discovery may cause Google to amend these initial disclosures, including by identifyingother potential witnesses, documents and by disclosing other pertinent information. Googletherefore reserves the right to supplement these initial disclosures.By providing these initial disclosures, Google does not represent that it is identifyingevery document, tangible thing or witness possibly relevant to this action. In addition, these1Dockets.Justia.com

Case 1:05-cv-08136-JES Document 30 Filed 06/09/2006 Page 2 of 7disclosures are made without Google in any way waiving its right to object to any discoveryrequest or proceeding involving or relating to the subject matter of these disclosures on anygrounds, including competency, privilege, relevancy and materiality, hearsay, undue burden,confidentiality, or any other appropriate grounds. Furthermore, these disclosures are not anadmission by Google regarding any matter.limitations.Each and every disclosure set forth below is subject to the above qualifications and1. Individuals Likely To Have Discoverable InformationIndividuals likely to have discoverable factual information that Google may use tosupport its defenses in the above-referenced lawsuits are identified in Attachment A, which bythis reference is incorporated herein.2. Description of DocumentsThe following enumerates documents, data compilations, and other tangible things in thepossession, control or custody of Google that Google may use to support its defenses:a. Documents identifying the works, which comprise (or will comprise) the GoogleBook Search Library Project and related information regarding the works.b. Documents describing the Google Book Search Library Project, including theprocess from receipt of a Works to the display of a portion of it in response to anInternet search query.2

Case 1:05-cv-08136-JES Document 30 Filed 06/09/2006 Page 3 of 7c. Documents describing the purposes for and uses of the Google Search LibraryProject.d. Documents describing the concept and implementation of the Google BookSearch Library Project, including security measures and opt-out policies.e. Documents describing or relating to benefits to the public from the Google BookSearch Library Project.f. Documents describing support for the Google Book Search Library Project amongauthors, publishers, and the general public.g. Documents describing the plaintiffs’ voluntary participation in the Google BookSearch Publisher Program.h. Documents regarding agreements with universities and libraries to make thecontents of their libraries available through the Google Book Search LibraryProject.i. Documents describing Google Book Search, including the different displays inresponse to search queries executed by Internet users.3. Computation of DamagesGoogle denies liability for damages and does not seek recovery of damages from theplaintiffs in either lawsuit (other than recovery of costs and attorney fees). Google would presentevidence of its court costs and attorney fees after the claims against it have been denied ordismissed.3

Case 1:05-cv-08136-JES Document 30 Filed 06/09/2006 Page 4 of 74. InsuranceGoogle is continuing to investigate potential insurance coverage claims related to theAuthor Plaintiffs and Publishers Plaintiffs lawsuits.Dated: June 9, 2006s/ Ronald L. RaiderJoseph M. BeckAlex S. FonoroffRonald L. RaiderKilpatrick Stockton LLP1100 Peachtree Street, Suite 1100Atlanta, GA 30309-4530Telephone: (404) 815-6406Facsimile: (404) 541-3126Adam H. CharnesKilpatrick Stockton LLP1001 West Fourth StreetWinston-Salem, NC 27101-2400Telephone: (336) 607-7382Facsimile: (336) 734-2602Jeffrey A. ConciatoriQuinn Emanuel Urquhart Oliver & Hedges335 Madison Avenue, 17h FloorNew York, NY 10017Telephone: (212) 849-7000Facsimile: (212) 849-71004

Case 1:05-cv-08136-JES Document 30 Filed 06/09/2006 Page 5 of 7CERTIFICATE OF SERVICEThis is to certify that the foregoing DEFENDANT’S INITIAL DISCLOSURES waselectronically filed with the Clerk of Court using the CM/ECF system that will automaticallysend email notification of such filing to the following attorney(s) of record:This 9 th day of June, 2006Sanford P. Dumain (sdumain@milbergweiss.com)Laura Gundersheim (lgundersheim@milbergweiss.com)Milberg Weiss Bershad & Schulman LLPOne Pennsylvania PlazaNew York, NY 10119-0165Michael J. Boni (mboni@kohnswift.com)Kate Reznick (kreznick@kohnswift.com)Kohn, Swift & Graf, P.C.One South Broad Street, Suite 2100Philadelphia, PA 19107Bruce P. Keller ( (bpkeller@debevoise.com)James J. Pastore, Jr. (jjpastore@debevoise.com)Debevoise & Plimpton LLP919 Third AvenueNew York, NY 10022s/ Ronald L. RaiderRonald L. Raider5

Case 1:05-cv-08136-JES Document 30 Filed 06/09/2006 Page 6 of 7Attachment A Google BookSearch Team List Attorney-ClientConfidentialEmployee Title Department Topics for Initial DisclosuresBartelma, Jeff Associate Product Manager Product Book Search user facing features and userinterface designClancy, Daniel Engineering Director Engineering Engineering related to Book Search;business and management decisionsrelated to Book SearchDeBonis, LauraOnline Sales andOperations DirectorOperationsRelationships with Book Search partners;conceptualization of Book Search project(was a founding member of the BookEdmonds, Amanda Strategic Partner Manager Sales Relationships with Book Search partnersGerber, JimContent PartnershipsDirectorSalesRelationships with Book Search partners;business development; business strategiesGrant, Jen Product Marketing Manager Marketing Book Search marketing and outreachKhaliq, Siraj Software Engineer Engineering Book Search security and user restrictions;image processing and flow; scanstationdesign; conceptualization of Book Searchproject (was a founding member of theKuch, DougHead of Global Production,Logistics, Operations -Book SearchOperationsBook flow, scanning, processing, andquality asssurance; scan station operation;physical security; conceptualization ofBook Search project (was a foundingmember of the Book Search Project team)Mathes, Adam Associate Product Manager Product Bibliographic records and metadata;product features involving documentunderstanding, library linking, and publicdomain book access; rankingO'Sullivan, Joseph Software Engineer Engineering Google's pre-Book Search scanning andprocessing; scanning prototypes anddesign; initial competitive research; initialrelationships with libraries; backendengineering; possible research uses ofbook scans; conceptualization of BookPeterson, TillieRajagopalan, SrikanthSite Manager, MountainView Print OperationsEngineering ProjectManagerOperationsEngineeringBook flow, scanning, processing, andquality assurance; scan station operations;physical securityBook Search production tracking andsupport; integrated scan centerengineering; implementation ofcopyright/genre classification logic;tracking of performance metrics;engineering related to print on demand; opt-Ratnakar, Viresh Software Engineer Engineering Design and impelementation of processingcontroller; engineering related to howpartner libraries obtain scanned versions ofb k t ki f f t i1 6/9/2006

Case 1:05-cv-08136-JES Document 30 Filed 06/09/2006 Page 7 of 7Attachment A Google BookSearch Team List Attorney-ClientConfidentialEmployee Title Department Topics for Initial DisclosuresSmith, AdamGroup Business ProductManagerProductManagement and strategy related toengineering, sales, business development,existing partnerships and relationships,benefits of Book Search; accountmanagement, operations and processing,marketing p blicVemula, Venu Software Engineer Engineering Book Search security and user restrictions;tracking of performance metricsWojcicki, Susan VP, Product Management Product Management Strategy related to business development,feature development, marketing, and publicrelations/communications; benefits of BookSearch2 6/9/2006