PILLSBURY MADISON & SUTRO RANDOLF J. RICE #083712 BARBARA R. SHUFRO #128857 MELISSA A. BURKE #171710 Ten Almaden Boulevard San Jose, CA 95113-2226 Telephone: (408) 947-4000 Attorneys for Defendant NETCOM ON-LINE COMMUNICATION SERVICES, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ____________________________________ No. C95-20091 RMW RELIGIOUS TECHNOLOGY CENTER, a California non-profit corporation; DECLARATION OF RANDOLF J. and BRIDGE PUBLICATIONS, INC., a RICE RE DEFENDANT NETCOM California non-profit corporation, ON-LINE COMMUNICATION SERVICES, INC'S Plaintiffs, OPPOSITION TO PLAINTIFFS' REQUEST FOR INJUNCTIVE VS. RELIEF NETCOM ON-LINE COMMUNICATION Date: February 21, 1995 SERVICES, INC., a Delaware Time: 9:00 a.m.. corporation; DENNIS ERLICH, an Courtroom: 6 individual; and TOM KLEMESRUD, an Before the Honorable individual, dba CLEARWOOD DATA Ronald Whyte SERVICES, Defendants. ____________________________________ I RANDOLF J. RICE declare: 1. I am an attorney authorized to practice law before this Court and before all of the courts of the State of California and I am a member of the law firm of Pillsbury Madison & Sutro, attorneys of record for defendant Netcom On-Line Communication Services, Inc. in the above-entitled case. I have personal knowledge of the facts stated below and if called upon to do so, I could and would competently testify thereto. 2. A true and correct copy of the July 1994 Report of the Working Group on Intellectual Property Rights, a subcommittee of the Clinton Administration's Information Infrastructure Task Force, entitled Intellectual Property and the National Information Infrastructure: A preliminary Draft of the Report of the Working Group on Intellectual Property Rights is attached hereto as Exhibit A. 3. A true and correct copy of Sarah B. Deutsch, Super Liability on the Superhighway? A Telecommunications Industry Perspective, 1 Multimedia L. Rep. 4 (Nov. 1994) is attached hereto as Exhibit B. This article addresses issues of copyright infringement and the Internet. 4. A true and correct copy of a list of newsgroups and other resources available on Tom Klemesrud's bulletin board, files taken off Tom Klemesrud's bulletin board, is attached hereto as Exhibit C. This list was provided to my office on February 17, 1995 by Mr. Klemesrud's counsel, Richard A. Horning, Esq. 5. A true and correct copy of an article entitled Usenet Organization and Etiquette which describes the Usenet system and the rules applicable to users of it attached here to as Exhibit D. At 7:30 a.m. Wednesday, February 15, 1995 I received a call from my client informing me that Netcom had been served with a series of papers in connection with this matter. I declare under penalty of perjury under the laws of California that the foregoing is true and correct, and that this declaration was executed on February 17, 1995 at San Jose, California. /s/ Randolf J. Rice