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    Plaintiffs,                         Docket No. A 91 CA 346


 ý  m  p Defendants.
 ­  Defendants.



I, Walter Milliken, hereby declare that:
 1. I am a plaintiff in the above-captioned matter and
submit this affidavit in opposition to the Motion of the
United States for Summary Judgment.
 2. I am an adult resident of Dover, New Hampshire.
 3. I am employed as a senior computer scientist at
Bolt, Beranek & Newman, a diversified high technology
consulting firm in Cambridge, Massachusetts.
 4. Because of my strong hobby interest in games and
game systems, I have been an active participant on the
Illuminati BBS run by Steve Jackson Games Inc. since 1986.
I have regularly used the BBS to discuss game designs and to
comment on game books in progress.

 5. At the time of the shutdown of the board, there were
three basic services available on the Illuminati BBS: public
boards, general files, and e-mail.

 6. The public boards were public forums, with many
people engaging in extended multi-way conversations on
various topics related to the theme of each board. Most of
the boards were discussions on one or another aspect of
GURPS, SJG's major entry into the roleplaying game market.
Each of these boards tended to focus on a specific genre of
fiction, with fantasy and science fiction dominating, though
there were boards discussing historical settings for gaming,
such as the l9th Century American West. One board dealing
with a sub-genre of science fiction literature generally
known as "cyberpunk" was the focus of considerable activity
at the time of the shutdown, since that was SJG's next major
product release, undergoing final comment and revision at
that time. Other boards on the BBS covered general interest
topics (mostly used by board users to post announcements of
various kinds), reviews of gaming products, some other SJG
products, for example Toon (a roleplaying game where players
portray cartoon characters similar to Bugs Bunny) and Car
Wars (a popular tactical boardgame involving weapon-equipped
automobiles). In addition, two boards were devoted to
running actual role-playing games online (one set in a
fantasy fiction environment, and the other a space-travel
game in the Humanx universe, from a series of science fiction
novels by Alan Dean Foster). There was also a restricted
board which most users could not access, which was reserved
for discussions between writers, editors, and playtesters
working on future SJG projects.

 7. The general files section of the board contained a
number of stand-alone files. Most of these were text files
on a variety of topics, from detailed instructions for using
the BBS, to humorous pieces related to gaming and science-
fiction, to long articles on additional rules for the GURPS
game. One major use of the files section of the BBS was for
SJG to make draft versions of new game material available to
gamers who wished to test and comment on the proposed new
rules before publication. (This is known as playtesting.)
Much of the text of the then-forthcoming GURPS Cyberpunk
release was in this files section of the BBS on March 1,
1990 .

 8. At the time of the March 1, 1990, shutdown of the
Illuminati BBS, I was the systems operator of two of the
Illuminati subboards -- the online Humanx game and the GURPS
Space board.

 9. The GURPS Space board was a forum for discussing
gaming in science-fictional, space-travel settings.
Discussion on this board ranged from speculation on various
types of future technology to discussions on astronomy and
stellar systems to adapting various popular science-fiction
settings from cinema and literature to the GURPS gaming
system.  Most of the users of this board were gamers, often
asking questions about game rules or the hypothetical
technology in GURPS Space and related products.  Part of my
responsibility as systems operator of this board was to try
to answer these questions, based on my knowledge of the GURPS
system and my general scientific knowledge.  This board also
had some more genral discussions on space and other future
technology, involving various people, including authors of
other space-related GURPS books and John M. Ford, a well-
known author of fantasy and science fiction novels.

 10. The online Humanx game board was very different.
While the discussion could be read by anyone, only a small
number of people -- the players -- could actually participate
in the discussints controlled individual characters within
interactive fiction. As Game Master, I set up the general
plot, background material, and minor characters, while the
other participants c |ontrolled individual characters within
this larger framework. I then described the results of the
main characters' actions, as well as added material to
advance the plot and characterization of minor characters.
board were all SJG customers (GURPS players) who were
between improvisational theatre and the "mosaic" novels now
the particular setting (Alan Dean Foster's Humanx series
of science-fiction novels).

 11. Electronic mail was like any computer electronic
mail system -- private messages between individual users, or
small groups. I have used the e-mail feature of the
Illuminati BBS regularly to communicate with others who share
similar interests.

 12. I had electronic communications stored on the
Illuminati BBS at the time it was shut down on March 1, 1990.

 13. On or about January 31, 1990, to February 8, 1990,
I sent electronic mail to an Illuminati user whose userid was
Thrinn Tu. I never received a response to my electronic mail
from Thrinn Tu.

I declare under penalty of perjury that the foregoing is
true and correct.
Executed on: 9/26/91