RICHARD ALLAN HORNING - SB #45349
THOMAS E. MOORE III- SB #115107
MICHAEL W. STEBBINS - SB #138326
TOMLINSON ZISKO MOROSOLI & MASER LLP
200 Page Mill Road, Second Floor
Palo Alto, California 94306
Telephone: (650) 325-8666
Facsimile: (650) 324-1808
ALLONN E. LEVY - SB#187251
HUBER & SAMUELSON, P.C.
210 N. Fourth Street, Suite 400
San Jose, CA 95112
Telephone: (408) 295-7034
Facsimile: (408) 295-5799
ROBIN D. GROSS - SB#200701
ELECTRONIC FRONTIER FOUNDATION
1550 Bryant Street, Suite 725
San Francisco, CA 95103
Telephone: (415) 436-9333
Facsimile: (415) 436-9993
Attorneys for Defendant,
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF
DVD COPY CONTROL ASSOCIATION, INC., a not-for-profit
ANDREW THOMAS MCLAUGHLIN, et al.,
DECLARATION OF ANDREW BUNNER IN OPPOSITION TO ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION AGAINST ALL DEFENDANTS
Date: January 14, 2000
Time: 1:30 p.m.
Honorable William J. Elfving
1. My name is Andrew Bunner, I am a named defendant in the above captioned action; if called upon to do so, I would competently testify to the following facts:
2. I am employed by Mass Quantities, a nutritional supplement business, and by Caliber Design, an e-commerce consulting agency, as a web applications developer.
3. I first became aware of a computer program commonly known as"deCSS" on or about October 26, 1999.
4. I believe that I first became aware of the computer program "deCSS"by reading and participating in discussions held on a news web site entitled "slashdot.org."
5. The web site "Slashdot.org" is a news site popular among individuals interested in the computer Operating System called "Linux."
6. I am part-time user of the "Linux" Operating System, as well as a proponent of its acceptance by others as a viable alternative platform to established Operating Systems such as Microsoft Windows.
7. Based on my interaction with others, I knew of no way to play purchased "DVD" media on the "Linux" system prior to the introduction of the deCSS computer program.
8. When I learned of the "deCSS" program, I believed it would be useful to others in that it would enable "Linux" users to use and enjoy"DVDs" available for purchase or rental in video stores.
9. I felt that providing others with access to the "deCSS" program, and thereby enabling "Linux" users to play "DVDs," was important because it would make "Linux" more attractive and viable to consumers, thereby making "Linux" a more viable and accepted Operating System platform.
10. Additionally, I felt that providing the source code of the "deCSS" program on the Internet was an important and effective way to ensure programmers would have access to the information needed to add new features, fix existing defects and, in general, improve the "deCSS" program.
11. The use of the "deCSS" program to enable the playing of "DVDs" on computers using the "Linux" Operating System is a legitimate use of this program and involves no illegal copying or piracy.
12. At the time I posted this information on my web site, I had no information suggesting the "deCSS" program contained any trade secrets.
13. At the time I posted this information on my web site, I had no information suggesting the "deCSS" program involved any misappropriation of trade secrets.
14. I have no reason to believe the "deCSS" program was not either properly reverse engineered or independently created without them is appropriation of any trade secrets.
I certify and declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date: January 7, 2000
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