Andrew P. bridges, State Bar No. 122761
richard nessary, State Bar No. 180682
jennifer a. golinveaux
terri y. chen, State Bar No. 209854
alexander d. macgillivray
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone:
Facsimile:
CINDY A. COHN, State Bar No. 145997
San Francisco, CA
Telephone: (415) 436-9333 x 123
Facsimile: (415) 436-9993
Santa Monica, CA 90403
Telephone: (310) 881-2192
Facsimile: (310) 453-5901
Attorneys for
MusicCity.com, Inc. (now known as StreamCast Networks, Inc.) and MusicCity Networks, Inc.
UNITED STATES DISTRICT COURT
DISTRICT OF CALIFORNIA
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Case No.: 01-08541 SVW (PJWx)
DECLARATION OF RICHARD NESSARY IN SUPPORT OF MUSICCITY.COM, INC.’S AND MUSICCITY NETWORKS, INC.’S MOTION FOR PARTIAL SUMMARY JUDGMENT
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I, Richard Nessary, hereby declare:
1. My name is Richard Nessary. I am an attorney at Wilson Sonsini Goodrich & Rosati in Palo Alto, California, and am counsel for defendants MusicCity.com, Inc. and MusicCity Networks, Inc. I have personal knowledge of all matters in this declaration.
2. Attached hereto as Exhibit A is a true and correct copy of a document I downloaded on January 21, 2002, from Napster, Inc.’s website at www.napster.com/pressroom/legal.html entitled Appellant Napster Inc.’s Emergency Motion for Stay Pursuant to Rule 27-3 and Motion to Expedite Appeal of Order Modifying Preliminary Injunction Issued by the Honorable Marilyn Hall Patel on July 11, 2001.
3. Attached hereto as Exhibit B is a true and correct copy of a document I downloaded on January 21, 2002, from J!VE Media Technologies, Inc.’s website at www.jivemediatechnologies.com/white_papers.asp, entitled “A New Form of Digital Distribution” by Richard Klosa.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this declaration is executed in Palo Alto, California on January 22, 2002.
Richard Nessary