Robert W. Schumann Deposition, in MPAA v. 2600

NY; May 15, 2000

Source: http://cryptome.org/mpaa-v-2600-rsd.htm

See related files:
http://www.eff.org/IP/Video (EFF Archive)
http://cryptome.org/cryptout.htm#DVD-DeCSS (Cryptome Archive)
http://www.2600.com/dvd/docs (2600 Archive)
http://eon.law.harvard.edu/openlaw/dvd/ (Harvard DVD OpenLaw Project)


                                                                   1
              1                             
              2
                                UNITED STATES DISTRICT COURT
              3
                               SOUTHERN DISTRICT OF NEW YORK
              4
              5   UNIVERSAL CITY STUDIOS, INC., PARAMOUNT  )
                  PICTURES CORPORATION, METRO-GOLDWYN-MAYER)
              6   STUDIOS, INC., TRISTAR PICTURES, INC.,   )
                  COLUMBIA PICTURES INDUSTRIES, INC.,      )
              7   TIME WARNER ENTERTAINMENT CO., L.P.,     )
                  DISNEY ENTERPRISES, INC., and TWENTIETH  )
              8   CENTURY FOX FILM CORPORATION,            )
                                                           )  Civ. No.
              9                        Plaintiffs,         )  0277 (LAK)
                                                           )
             10                 vs.                        )
                                                           )
             11   ERIC CORLEY a/k/a "EMMANUEL GOLDSTEIN"   )
                  and 2600 ENTERPRISES, INC.,              )
             12                                            )
                                       Defendants.         )
             13   -----------------------------------------)
             14                                   May 15, 2000
             15                                   10:25 a.m.
             16
             17                  DEPOSITION of ROBERT W. SCHUMANN,
             18           held at the offices of Frankfurt Garbus
             19           Klein & Selz, P.C., 488 Madison Avenue, New
             20           York, New York, pursuant to Subpoena and
             21           Notice, before ELIZABETH SANTAMARIA, a
             22           Notary Public of the State of New York.
             23
             24   Reported by:
                  ELIZABETH SANTAMARIA
             25   JOB NO. 05150SCH

                              INTERIM COURT REPORTING

                                                                   2
              1                             
              2   A p p e a r a n c e s :
              3
              4           PROSKAUER ROSE LLP
              5           Attorneys for Plaintiffs
              6                  1585 Broadway
              7                  New York, New York 10036-8299
              8           BY:    LEON P. GOLD, ESQ.
              9                       - and -
             10                  WILLIAM M. HART, ESQ. (a.m only)
             11
             12           FRANKFURT GARBUS KLEIN & SELZ, P.C.
             13           Attorneys for Defendants
             14                  488 Madison Avenue
             15                  New York, New York 10022
             16           BY:    MARTIN GARBUS, ESQ.
             17                        - and -
             18                  EDWARD HERNSTADT, ESQ.
             19
                          ALSO PRESENT:
             20
                                 Motion Picture Association
             21                  Mark D. Litvack, Esq.
                                 In-house Counsel
             22
                                       --o0o--
             23
             24
             25

                              INTERIM COURT REPORTING

                                                                   3
              1                             
              2                         --o0o--
              3
              4                 IT IS HEREBY STIPULATED AND AGREED by
              5           and between the attorneys for the
              6           respective parties herein that filing and
              7           sealing be and the same are hereby waived.
              8                 IT IS FURTHER STIPULATED AND AGREED
              9           that all objections, except as to the form
             10           of the question, shall be reserved to the
             11           time of the trial.
             12                 IT IS FURTHER STIPULATED AND AGREED
             13           that the within deposition may be sworn to
             14           and signed before any officer authorized to
             15           administer an oath, with the same force and
             16           effect as if signed and sworn to before the
             17           Court.
             18                         --oOo--
             19
             20
             21
             22
             23
             24
             25

                              INTERIM COURT REPORTING

                                                                   4
              1                         Schumann
              2   R O B E R T   W.    S C H U M A N N, called as a
              3           witness, having been duly sworn by the
              4           Notary Public, was examined and testified
              5           as follows:
              6   EXAMINATION BY
              7   MR. GARBUS:
              8           Q.     CONFIDENTIAL
              9   CONFIDENTIAL
             10           A.     CONFIDENTIAL
             11           Q.     CONFIDENTIAL
             12           A.     CONFIDENTIAL
             13   CONFIDENTIAL
             14                  MR. GOLD:  Mr. Garbus, I would
             15           like to propose that we stipulate that
             16           this deposition is taken pursuant to the
             17           Federal Rules of Civil Procedure and
             18           related Federal law.  Is that okay with
             19           you?
             20                  MR. GARBUS:  Absolutely.
             21                  MR. GOLD:  I also want to note
             22           that the witness appears here today
             23           pursuant to a Subpoena served on the MPAA
             24           and a Notice of Deposition served on all
             25           of the plaintiffs, that he is a

                              INTERIM COURT REPORTING

                                                                   5
              1                         Schumann
              2           designated fact witness of the Motion
              3           Picture Association of America and a
              4           designated fact witness of all of the
              5           plaintiffs, except for Time Warner.
              6                  With respect to Time Warner or
              7           with respect to the Time Warner
              8           plaintiff, the court has ruled that at
              9           this stage you cannot take any
             10           discovery of that organization.  The
             11           designated areas were set out in a
             12           letter to you last week and they are
             13           the following subjects:
             14                  A, DVD, CCS and DeCSS, Linux,
             15           linking and hyperlinking, and the
             16           existence of other DVD decryption
             17           devices.
             18                  Those designations are the only
             19           appropriate area of testimony today.
             20                  Mr. Hart points out that there
             21           was another subject added by a
             22           supplementary designation, and the
             23           subject was injury to the plaintiffs.
             24                  MR. GARBUS:  I respect that as
             25           your position.  You know where we

                              INTERIM COURT REPORTING

                                                                   6
              1                         Schumann
              2           disagree.
              3                  MR. GOLD:  No, but I don't think
              4           it is relevant.
              5           Q.     Mr. Schumann, when did you first
              6   learn about DeCSS?
              7           A.     Probably in, I don't know, September
              8   or October of last year.
              9           Q.     Did you ever hear of something
             10   called MORE?
             11           A.     Yes, I have.
             12           Q.     Have you read the affidavit of
             13   Mr. Stevenson before you came here today?
             14           A.     Frank Stevenson?
             15           Q.     Yes.
             16           A.     Yes.
             17           Q.     Do you know who Mr. Stevenson is?
             18           A.     Only from my analysis in this
             19   effort.
             20                  MR. GOLD:  I'm sorry to interrupt.
             21           I forgot to mention that the deposition
             22           today is subject to the confidentiality
             23           agreement we have all signed and I would
             24           like to agree to reserve my
             25           confidentiality stipulations until we get

                              INTERIM COURT REPORTING

                                                                   7
              1                         Schumann
              2           a transcript.
              3                  MR. GARBUS:  What do you mean by
              4           that?
              5                  MR. GOLD:  I will designate what
              6           is confidential when I get the
              7           transcript.
              8                  MR. GARBUS:  I think if you have
              9           an objection now as to anything that is
             10           confidential, you should say.
             11                  MR. GOLD:  Well, I don't know what
             12           you are going to bring up.  In that
             13           event, since you don't want to agree to
             14           that, then I will designate the whole
             15           transcript as confidential.  However,
             16           when I get the transcript I will promptly
             17           get to you an amendment, if an amendment
             18           is called for.
             19                  MR. GARBUS:  I disagree that this
             20           deposition is confidential.
             21                  MR. GOLD:  Do you intend to not
             22           keep it confidential?  Because we may
             23           have to apply for an order.
             24                  MR. GARBUS:  We will deal with it
             25           at the appropriate time.

                              INTERIM COURT REPORTING

                                                                   8
              1                         Schumann
              2                  MR. GOLD:  Do you want to agree
              3           that you will hold it confidential until
              4           we make a specific designation when we
              5           get the transcript?
              6                  MR. GARBUS:  It may well be that I
              7           am going to go through questions now that
              8           have nothing to do with confidentiality.
              9                  MR. GOLD:  It may be.
             10                  MR. GARBUS:  If that is so, then
             11           we don't get into any disagreement about
             12           confidentiality.
             13                  MR. GOLD:  That's not good enough,
             14           because, among other things, I don't want
             15           to wake up and see this transcript in the
             16           newspaper tomorrow, and I have reasons to
             17           believe that that is a possibility, but I
             18           won't get into that thoroughly.
             19                  In light of this discussion, I
             20           have designated the entire transcript
             21           as confidential.
             22   RL             MR. GARBUS:  Needless to say, I
             23           object to it.  Needless to say, we will get
             24           a ruling on it.
             25   BY MR. GARBUS:

                              INTERIM COURT REPORTING

                                                                   9
              1                         Schumann
              2           Q.     Going back now to Masters of Reverse
              3   Engineering or MORE, when for the first time did
              4   you hear that?
              5           A.     Would have been probably November of
              6   1999.
              7           Q.     Did you also read the affidavit of
              8   Chris DiBona in this case?
              9           A.     I believe I did, yes.
             10           Q.     Did you receive the affidavit of
             11   Robin Gross in this case?
             12           A.     Yes, I did.
             13           Q.     You saw the statement in her
             14   affidavit that Mr. Carl Geckner had said, as far as
             15   he knew, as far as ten days ago, there was no
             16   piracy resulting from DeCSS?  Did you see that?
             17           A.     I saw that statement, yes.
             18           Q.     Do you know that to be true?
             19           A.     No, I don't.
             20           Q.     You don't know one way or the other?
             21           A.     That's correct.
             22           Q.     So as of today you don't know
             23   whether or not there has been any piracy or not
             24   with respect to DeCSS?
             25           A.     That's accurate.

                              INTERIM COURT REPORTING

                                                                  10
              1                         Schumann
              2           Q.     Getting back to Mr. Stevenson, when
              3   for the first time did you see his affidavit?
              4           A.     His affidavit?
              5           Q.     Yes.
              6           A.     The one, I don't know, dated a
              7   couple of weeks ago, I guess?
              8           Q.     Yes.
              9           A.     I would have seen it probably in the
             10   last five days.
             11           Q.     Did you sign an affidavit in this
             12   case?
             13           A.     Yes, I did.
             14           Q.     Did you sign two affidavits in this
             15   case?
             16           A.     I believe I did, yes.
             17           Q.     Did you review them before you came
             18   in here this morning?
             19           A.     Yes.
             20           Q.     Is everything that you said in those
             21   affidavits true?
             22           A.     To the best of my knowledge, yes.
             23           Q.     Is there anything that you want to
             24   change now before we go into a discussion of those
             25   affidavits?

                              INTERIM COURT REPORTING

                                                                  11
              1                         Schumann
              2           A.     No.
              3           Q.     Are there any factors that you have
              4   learned since you signed those affidavits which
              5   make any of the allegations in the affidavits
              6   untrue?
              7           A.     Not to my knowledge.
              8           Q.     Going back to MORE, you say you
              9   first heard of them in November of 1999?
             10           A.     Would have been November or early
             11   December.
             12           Q.     Can you tell me what you heard about
             13   them?
             14           A.     Only what I saw -- what I saw about
             15   them in the development as journals, for lack of a
             16   better word, of the Linux Group and then obviously
             17   they were in the -- I must have seen them in
             18   various newspaper press articles.
             19           Q.     To your knowledge, was MORE or any
             20   members of MORE involved in the decrypting of
             21   DeCSS?
             22           A.     Can you define "decrypting"?
             23                  MR. GARBUS:  Withdraw the
             24           question.
             25   BY MR. GARBUS:

                              INTERIM COURT REPORTING

                                                                  12
              1                         Schumann
              2           Q.     To your knowledge, was John Johansen
              3   involved in any way with MORE?
              4           A.     I believe he stated he was.
              5           Q.     Can you tell me what your
              6   recollection is of what he stated?
              7           A.     I believe he stated he was a member
              8   of MORE in various forms.
              9           Q.     Do you know what MORE does or what
             10   it claims to do?
             11           A.     All I know is their name stands for
             12   Masters of Reverse Engineering and they claim to
             13   have created DeCSS.
             14           Q.     Do you know that they claim to have
             15   been working on developing an open source Linux DVD
             16   player?
             17                  MR. GOLD:  What is the question?
             18           Read the question back, please.
             19           A.     I am not aware of any such claim.
             20           Q.     You don't know one way or another?
             21           A.     No.  I said I was -- I am not aware
             22   of any such claim.
             23           Q.     What is CSS-auth?
             24           A.     It is in reference to a particular
             25   program?

                              INTERIM COURT REPORTING

                                                                  13
              1                         Schumann
              2           Q.     Yes.
              3           A.     To my knowledge, it is a piece of
              4   code for the Linux environment.
              5           Q.     Is it a program?
              6           A.     Yes, it is.
              7           Q.     Do you know who wrote it?
              8           A.     It was, I believe, written by Derek
              9   Fawcus.
             10           Q.     Who is Derek Fawcus?
             11           A.     He was a member -- in my dealings
             12   with that name, I don't know who he really is.
             13   That's a name that was used.  He was a member of
             14   the DVD Development Group.
             15           Q.     Do you know what the Livid Group is?
             16           A.     Yes, I am aware of that name.
             17           Q.     What is the Livid Group?
             18           A.     It is a group of Linus developers
             19   who are in the process of -- I assume they are
             20   still doing it, developing a DVD player for Linux.
             21           Q.     When did they start to do that?
             22           A.     I don't know exactly when they
             23   started.
             24           Q.     Approximately.
             25           A.     I guess early 1999, but I don't know

                              INTERIM COURT REPORTING

                                                                  14
              1                         Schumann
              2   the exact date.
              3           Q.     Do you know who are the members of
              4   the Livid Group?
              5           A.     I knew some of them at the time I
              6   reviewed materials, but I certainly don't claim to
              7   know all the members.
              8           Q.     At the time you reviewed the
              9   materials, can you tell me who some of the members
             10   were?
             11           A.     I believe there was Derek Fawcus was
             12   a member of that group, I believe Matt Pavlovich or
             13   something like that, and there are a host of
             14   others.
             15           Q.     Do you know anything about Derek
             16   Fawcus's academic background?
             17           A.     No knowledge of that.
             18           Q.     How about Matt Pavlovich.
             19           A.     Only from, I believe, he gave a
             20   deposition in this case.  Not a deposition.  I mean
             21   an affidavit in this case, and he said he had been
             22   to school -- been to college for four years.
             23           Q.     Did you ever have any dealings with
             24   him?
             25           A.     No.

                              INTERIM COURT REPORTING

                                                                  15
              1                         Schumann
              2           Q.     After you heard that the Livid Group
              3   was developing a DVD program in early 1999, did you
              4   hear anything further about it?
              5           A.     I did not know -- I did not know of
              6   their existence in early 1999.
              7           Q.     When did you first learn of their
              8   existence?
              9           A.     In November-December of 1999.
             10           Q.     Do you know what they have done
             11   since with respect to the attempt to develop such a
             12   program?
             13           A.     I have not followed the development
             14   efforts.
             15           Q.     Do you know anything at all about
             16   those developments from November to the present
             17   day?
             18           A.     Only through what I have read in the
             19   affidavits.
             20                  MR. GOLD:  By the way, it being
             21           Monday morning, I wasn't strong at
             22           remembering everything I wanted to say
             23           right away, but I gather that we have
             24           agreed that objections to specific
             25           questions are reserved.

                              INTERIM COURT REPORTING

                                                                  16
              1                         Schumann
              2                  MR. GARBUS:  Why wouldn't you make
              3           your objections now?
              4                  MR. GOLD:  I would rather reserve
              5           them until the time of trial, which is
              6           what everybody usually does.
              7                  MR. GARBUS:  I think you reserve
              8           objections as to substance, but not
              9           objections as to form.  I thought that
             10           was the understanding.  So that if there
             11           is an objection as to form --
             12                  MR. GOLD:  That will not be
             13           reserved.
             14                  MR. GARBUS:  Right.
             15                  MR. GOLD:  Every other objection
             16           will be reserved, if you agree to that.
             17                  MR. GARBUS:  If you agree to that
             18           for your examination of my people.
             19                  MR. GOLD:  Sure.
             20                  MR. GARBUS:  Good.  Can I have the
             21           last question, please.
             22                  (Record read.)
             23   BY MR. GARBUS:
             24           Q.     Do you know anything about the
             25   development of CSS-auth, when it was first done?

                              INTERIM COURT REPORTING

                                                                  17
              1                         Schumann
              2           A.     I don't fully understand your
              3   question.
              4           Q.     CSS-auth we have agreed is a Linux
              5   BSD program written by the Livid Group?
              6           A.     It is a Linux program written by
              7   Derek Fawcus.
              8           Q.     Do you know when it was written?
              9           A.     I believe, if recollections are
             10   correct, it was written in June or July of 1999.
             11           Q.     What is its function?
             12           A.     Its function is to unlock a DVD
             13   drive.
             14           Q.     Have you ever tried to use CSS-auth?
             15           A.     No, I have not used CSS-auth.
             16           Q.     Do you know whether it performs the
             17   function that you just stated it did?
             18           A.     Based on the reports, it appears --
             19                  MR. GOLD:  I am going to object to
             20           the form of that question.  If you would
             21           like to restate it.
             22                  MR. GARBUS:  What was the
             23           question?
             24                  (Record read.)
             25                  MR. GARBUS:  You object to the

                              INTERIM COURT REPORTING

                                                                  18
              1                         Schumann
              2           form?
              3                  MR. GOLD:  Yes.
              4   BY MR. GARBUS:
              5           Q.     Does the CSS-auth perform the
              6   authorization to the DVD drive enabling the results
              7   of a hidden block of data?
              8           A.     I'm sorry.  The end of that question
              9   was enabling --
             10           Q.     The reading of a hidden block of
             11   data.
             12                  MR. GOLD:  Maybe we can read the
             13           whole question back, please.
             14                  (Record read.)
             15           Q.     Enabling the reading of a hidden
             16   block of data.
             17           A.     I believe it might.
             18           Q.     What is CSS-cat?
             19           A.     I don't exactly know what that is.
             20           Q.     When you say you don't exactly know,
             21   do you have any idea what it is?
             22           A.     I can only presume from its name.
             23           Q.     What is your presumption?
             24           A.     It is a --
             25                  MR. GOLD:  I am going to object to

                              INTERIM COURT REPORTING

                                                                  19
              1                         Schumann
              2           the form.
              3           Q.     Go ahead.  What is your
              4   understanding of CSS-cat based on its name?
              5           A.     It is a mechanism for reading files.
              6           Q.     Do you know who developed CSS-cat?
              7           A.     I do not.
              8           Q.     Do you know whether or not it is a
              9   Linux BSD program?
             10           A.     Can you describe Linux BSD?
             11           Q.     You previously said that CSS-auth
             12   was a Linux BSD program.
             13           A.     I belief I said CSS-auth was a Linux
             14   program.
             15           Q.     Is CSS-cat a Linux program?
             16           A.     I believe it is.
             17           Q.     Do you know who developed it?
             18           A.     I do not.
             19           Q.     Was it developed by the Livid Group?
             20           A.     It may have been.  I have no
             21   detailed knowledge.
             22           Q.     Was it developed by Mr. Fawcus?
             23           A.     I do not know.
             24           Q.     Can you tell me something about your
             25   educational background?

                              INTERIM COURT REPORTING

                                                                  20
              1                         Schumann
              2           A.     Sure.
              3           Q.     Go ahead.  Where did you go to
              4   college?
              5           A.     Rochester Institute of Technology.
              6           Q.     When did you finish?
              7           A.     1985.
              8           Q.     What degree did you get?
              9           A.     Bachelor's.
             10           Q.     Did you get any subsequent
             11   education?
             12           A.     I did not.  No degree.
             13           Q.     Do you know what Linux is?
             14           A.     I assume so, yes.
             15           Q.     You assume you know?
             16           A.     As much as anybody knows what Linux
             17   is.
             18           Q.     Tell me what you understand Linux to
             19   be.
             20           A.     Linux is a variation of the UNIX
             21   operating system.
             22           Q.     Have you ever operated Linux?
             23           A.     Yes, I have.
             24           Q.     Do you know what the term "open
             25   source" means?

                              INTERIM COURT REPORTING

                                                                  21
              1                         Schumann
              2           A.     Yes, I do.
              3           Q.     What does it mean?
              4           A.     It references a development style
              5   where the source code is openly made available to
              6   all developers.
              7           Q.     How did you learn about CSS-auth?
              8           A.     In my review of the development logs
              9   from the Linux Development Group.
             10           Q.     When was that?
             11           A.     Would have been November or December
             12   of 1999.
             13           Q.     Did you do any investigation as to
             14   the amount of use of CSS-auth?
             15           A.     In what sense?
             16           Q.     Were people using it, to your
             17   knowledge, in an attempt to replay DVDs?
             18           A.     Yes.
             19           Q.     Tell me how you came to that
             20   knowledge.  Merely from reading the Linux postings
             21   or through some other source of information?
             22           A.     Through the Linux postings.
             23           Q.     Did you ever speak to anyone who had
             24   done it?
             25           A.     No.

                              INTERIM COURT REPORTING

                                                                  22
              1                         Schumann
              2           Q.     Today, so far as your own knowledge
              3   goes, other than what you read on the Linux
              4   postings, do you know if anyone had you ever used
              5   Linux CSS-auth to go into DVDs or play DVDs?
              6           A.     No.
              7           Q.     With respect to your affidavit,
              8   after you first learned of DeCSS, what did you then
              9   do?
             10                  MR. GOLD:  I object to the form of
             11           the question.
             12           Q.     Did you try and see whether DeCSS
             13   could decrypt the DVD?
             14           A.     Yes, I did.
             15           Q.     When did you do that?
             16           A.     It would have been the same,
             17   November-December time frame.
             18           Q.     Tell me exactly what you did, when
             19   you did it, and where you did it.
             20           A.     I would have done it in my office
             21   and I'm sure I downloaded DeCSS from a site.  I
             22   don't know exactly which one offhand.  And then I
             23   ran it against a -- on a Windows machine against
             24   the DVD drive.
             25           Q.     What happened?

                              INTERIM COURT REPORTING

                                                                  23
              1                         Schumann
              2           A.     It showed me a very nice screen that
              3   asks me what files, what I wanted to copy from the
              4   DVD, and whether I wanted to merge the files
              5   together, and where on my computer or the network
              6   attached to my computer I wanted to write the
              7   resultant file.
              8           Q.     Did you do that?
              9           A.     I did that, yes.
             10           Q.     How long did that take?
             11           A.     Not terribly long.
             12           Q.     Can you tell me what day this was?
             13           A.     I don't recall the exact date.
             14           Q.     When you say it's in your office,
             15   where is your office?
             16           A.     In Herndon, Virginia.
             17           Q.     Are there any records that indicate
             18   what you did on that date with respect to the
             19   DeCSS?
             20           A.     I doubt I would have written a
             21   detailed log, to that level of detail.
             22           Q.     I presume there is information on
             23   your computer that would indicate what you did and
             24   when you did it with respect to DeCSS; is that
             25   right?

                              INTERIM COURT REPORTING

                                                                  24
              1                         Schumann
              2           A.     If there is still a copy of DeCSS on
              3   my computer, it might show the data I downloaded.
              4           Q.     Do you know if there is a copy of
              5   DeCSS on your computer?
              6           A.     There quite possibly is.
              7           Q.     Isn't DeCSS designed to send the
              8   material to a permanent computer file or a
              9   computer's hard drive?
             10           A.     That is the function that it
             11   performs, yes.
             12           Q.     So wouldn't you have that hard
             13   drive?
             14           A.     Certainly.
             15           Q.     Where would that hard drive be?
             16           A.     It would be in a computer in my
             17   office.
             18                  MR. GARBUS:  Will you produce
             19           that?
             20                  MR. GOLD:  The entire computer in
             21           his office?
             22                  MR. GARBUS:  The hard drive.
             23                  MR. GOLD:  You want the whole hard
             24           drive?
             25                  MR. GARBUS:  Yes.

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                                                                  25
              1                         Schumann
              2                  MR. GOLD:  I object to that as
              3           irrelevant.
              4   BY MR. GARBUS:
              5           Q.     After you stored it on the hard
              6   drive, then what did you do?
              7           A.     Then I presume I -- it may have been
              8   zipped or compressed, so it downloaded faster.  I
              9   would presume it would have decompressed and I
             10   would have executed the program.  What I did with
             11   the movie after --
             12           Q.     When you say it was zipped or
             13   compressed, tell me the kind of computer you were
             14   using to download the --
             15           A.     It was a Windows machine.  I think
             16   it was a Windows NT machine.
             17           Q.     You say it was zipped or compressed.
             18   Can you tell me what that means?
             19           A.     It means that the executable file
             20   was compressed, which is standard technique used in
             21   the industry.
             22           Q.     Was this done on your machine also?
             23           A.     The compression?
             24           Q.     Yes.
             25           A.     No.

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                                                                  26
              1                         Schumann
              2           Q.     Where was that done?
              3           A.     I don't know where it was done.
              4           Q.     Well, tell me how you had it
              5   compressed.
              6           A.     I didn't compress it.  I received
              7   it -- I would have received it, I believe,
              8   compressed.  I don't remember the details.  It's a
              9   standard technique, however.
             10           Q.     And then after you received it
             11   compressed, what was then done?
             12           A.     I would have decompressed it or
             13   perhaps it decompressed itself.  I don't remember
             14   the details.  And then it installed itself.
             15           Q.     Did there come a time when you used
             16   DeCSS?
             17           A.     I used DeCSS to test the -- to test
             18   that it decrypted, yes.
             19           Q.     And you found that it did?
             20           A.     It appeared to have, yes.
             21           Q.     Did you then try and decrypt the
             22   DVD?
             23           A.     That's what I would have done with
             24   DeCSS.
             25           Q.     Did you ever try and see the movie,

                              INTERIM COURT REPORTING

                                                                  27
              1                         Schumann
              2   a particular DVD movie using DeCSS?
              3           A.     I did not, no.
              4           Q.     To your knowledge, has anyone ever
              5   done that?
              6           A.     Yes.
              7           Q.     Who?
              8           A.     I believe some of the defendant
              9   affidavits referenced that.
             10           Q.     To your knowledge, has other than
             11   the defendants affidavits, prior to your seeing
             12   those affidavits, did you know of one instance
             13   where somebody used DeCSS to watch a DVD movie?
             14                  MR. GOLD:  If your knowledge
             15           resulted from any conversation with an
             16           attorney or any conversation with the
             17           plaintiffs after this suit was commenced,
             18           I wouldn't answer the question.
             19           Otherwise, I would answer.
             20                  MR. GARBUS:  Go ahead.
             21           A.     Based on that, I think I will need
             22   to refuse --
             23                  MR. GOLD:  In response to that
             24           question, I am objecting on the
             25           attorney-client privilege and the work

                              INTERIM COURT REPORTING

                                                                  28
              1                         Schumann
              2           product privilege.
              3           Q.     Prior to January 14th, which is when
              4   the suit started, had you ever heard of anyone
              5   watching a DVD movie, having had access to the DVD
              6   movie through DeCSS?
              7           A.     Yes.
              8           Q.     Who was that?
              9           A.     I don't remember the exact names,
             10   but there are a variety of descriptions in the
             11   Linux development logs of people who had using
             12   DeCSS then proceeded to watch the movie.
             13           Q.     Other than the Linux logs, have you
             14   ever heard of anyone using DeCSS to observe or
             15   watch a DVD?
             16           A.     Prior to January 14th, no.
             17           Q.     You annexed some of those logs, did
             18   you not, to your affidavit in this case?
             19           A.     I believe, yes, that's true.
             20           Q.     Now, you took those documents that
             21   you annexed from your affidavit to your affidavit,
             22   I presume, out of lengthier logs that you had.
             23                  In other words, you selected which
             24   documents reflected the use of DeCSS to watch DVDs;
             25   is that right?

                              INTERIM COURT REPORTING

                                                                  29
              1                         Schumann
              2                  MR. GOLD:  Do you understand the
              3           question?
              4                  THE WITNESS:  I understand part of
              5           the question.
              6                  MR. GOLD:  Let's have the question
              7           read back.
              8                  Actually, I am going to object
              9           to the form of this.  Do you want to
             10           restate it?
             11                  MR. GARBUS:  Mr. Gold, will you
             12           produce those logs?
             13                  MR. GOLD:  Which logs?
             14   RQ             MR. GARBUS:  The logs that your
             15           witness just referred to.  Namely, he
             16           referred in his Exhibit, Exhibit B of his
             17           affidavit, to photostatic copies of
             18           documents entitled "Linux DVD Re: Linux DVD
             19           posting."
             20                  As I understand it, he had logs
             21           of the Linux DVD postings.  I am asking
             22           him to produce those logs.
             23                  MR. GOLD:  I object to the form of
             24           the question and I don't -- I think you
             25           are misrepresenting the witness'

                              INTERIM COURT REPORTING

                                                                  30
              1                         Schumann
              2           testimony also.
              3                  By misrepresenting it, I just
              4           mean that your question doesn't conform
              5           to the prior testimony.  I'm not yet
              6           suggesting a willful act.
              7                  MR. GARBUS:  Please mark this as
              8           Defendants' 1.
              9                  (Defendants' Exhibit 1, Mr. Robert
             10           W. Schumann's Declaration, dated January
             11           19, 2000, marked for identification, as of
             12           this date.)
             13   BY MR. GARBUS:
             14           Q.     Mr. Schumann, I hand you what has
             15   been marked as Defendants' Exhibit 1, your
             16   affidavit dated January 19, 2000, along with a copy
             17   of the exhibits that were submitted with the
             18   affidavit, and I direct your attention to Exhibit B
             19   of the affidavit, which is referred to at Paragraph
             20   11 of your affidavit.
             21                  I ask you, when did you first see
             22   these documents?
             23           A.     These documents?
             24           Q.     Yes.
             25           A.     I would have first seen them in

                              INTERIM COURT REPORTING

                                                                  31
              1                         Schumann
              2   October or November.
              3           Q.     At 11 of your affidavit on Page 4
              4   you say, "I attached as Exhibits B and C true
              5   copies of pertinent pages from relevant internet
              6   groups."
              7                  How did you decide which pages were
              8   pertinent and which pages were not pertinent?  What
              9   were you looking for?
             10           A.     I was looking for pages that were
             11   pertinent to the text of my affidavit.
             12           Q.     In other words, you were looking for
             13   pages that indicated that there was some usage by
             14   people who posted on that particular website of
             15   DeCSS to get into a DVD?
             16           A.     I don't believe that that was the
             17   particular purpose of those selections.
             18           Q.     What was the purpose of those
             19   selections?
             20           A.     To define and illustrate the text of
             21   the affidavit.
             22           Q.     You say, "that were downloaded from
             23   the internet and examined by me and certain of my
             24   colleagues under my supervision."
             25                  Who were those other colleagues?

                              INTERIM COURT REPORTING

                                                                  32
              1                         Schumann
              2           A.     Would have been Richard Whittemore.
              3           Q.     Do you have training in
              4   cryptography?
              5           A.     Not in cryptography per se, no.
              6           Q.     Did you ever take any courses in
              7   cryptography?
              8           A.     Not particular to cryptography, no.
              9           Q.     Have you ever taught at any
             10   university?
             11           A.     I have not.
             12           Q.     Have you ever written any articles
             13   that have been published in academic journals?
             14           A.     I have not.
             15           Q.     Have you written any articles that
             16   have been published anywhere?
             17           A.     I have not.
             18           Q.     Have you ever been invited to speak
             19   at any university on any matter?
             20           A.     I have not.
             21           Q.     Have you ever heard of the name
             22   Mr. Stevenson before you first read his affidavit?
             23           A.     Frank Stevenson?
             24           Q.     Yes.
             25           A.     Yes, I had.

                              INTERIM COURT REPORTING

                                                                  33
              1                         Schumann
              2           Q.     In what context?
              3           A.     My review of looking through the
              4   Linux development logs.
              5           Q.     Tell me what you saw there.
              6           A.     He published a paper that reviewed
              7   CSS.
              8           Q.     Did you take down a copy of that
              9   when you did your exercise in downloading relevant
             10   documents from Linux DVD?
             11           A.     Did I download his paper?
             12           Q.     Yes.
             13           A.     Yes, I downloaded his paper.
             14           Q.     What else did you download from that
             15   that you did not include in that affidavit?
             16           A.     I downloaded a -- I didn't download.
             17   There is a large amount of Linux DVD development, I
             18   guess, history that you looked through.
             19           Q.     You chose not to put that into your
             20   affidavit?
             21           A.     It is three inches of paper.
             22   RQ             MR. GARBUS:  I ask that that be
             23           produced.
             24                  MR. GOLD:  I will take it under
             25           advisement.

                              INTERIM COURT REPORTING

                                                                  34
              1                         Schumann
              2           Q.     Can you remember what other
              3   documents you downloaded?  You saw Mr. Stevenson's
              4   information.  Did you see any information from
              5   Mr. Pavlovich?
              6           A.     Yes.  He was a frequent contributor.
              7           Q.     Do you know anything about his
              8   background?
              9           A.     Only what I referenced earlier.
             10           Q.     Had you heard of him prior to your
             11   looking at these Linux postings?
             12           A.     No.
             13           Q.     Do you know Chris DiBona?
             14           A.     No.
             15           Q.     Had you ever heard of him prior to
             16   your involvement in this case?
             17           A.     No.
             18           Q.     As Exhibit C to your affidavit, you
             19   have some documents which are entitled "Livid-DEV."
             20   You have distinguished that from Exhibit B.  Can
             21   you tell me what the difference is?
             22                  MR. GOLD:  I don't know what you
             23           mean by distinguished.  You mean that
             24           this is not in Exhibit B?  Is that what
             25           you mean.

                              INTERIM COURT REPORTING

                                                                  35
              1                         Schumann
              2                  MR. GARBUS:  Yes.  He made a
              3           distinction between Exhibit B and Exhibit
              4           C.
              5           Q.     What is the distinction?  Why are
              6   documents put behind a certain set of exhibits and
              7   the other documents put behind a different set of
              8   exhibits?  What is the distinction?  If you
              9   understand it.
             10                  MR. GOLD:  I object to the form of
             11           the question, but I believe that what
             12           Marty is asking is:  Do you know why the
             13           pieces of paper in Exhibit C weren't put
             14           in Exhibit B?  I think that's his
             15           question.
             16                  Is that right?
             17                  MR. GARBUS:  Yes.
             18           Q.     Do they come from a different source
             19   or do they come from the same source?
             20           A.     Well, in reviewing them and not -- I
             21   would have to look in detail.  I mean I don't
             22   recall a specific reason that I broke them up as I
             23   did, but they appear -- the primary parts of B
             24   appear to come from a group called Linux DVD and
             25   the bulk of what is in C appears to come from a

                              INTERIM COURT REPORTING

                                                                  36
              1                         Schumann
              2   different development group.  Namely, Livid-DEV.
              3           Q.     With respect to Livid-DEV, did you
              4   also download other documents than these two pages
              5   that you have annexed hereto as Exhibit B?
              6                  MR. GOLD:  You mean that same day
              7           did he download any other --
              8                  MR. GARBUS:  That same day or any
              9           other day.
             10                  MR. GOLD:  Relating to what?
             11                  MR. GARBUS:  Relating to his
             12           investigation into how DeCSS was being
             13           used.
             14           A.     I did not download any other
             15   information from Linux-DVD.
             16           Q.     Only those --
             17           A.     But I reviewed many other pages of
             18   the Livid-DEV development --
             19           Q.     How many pages?
             20           A.     -- groups.
             21           Q.     How many pages, to the best of your
             22   recollection?
             23           A.     I'm sorry.  My earlier answer, the 2
             24   to 3 inches of paper includes both.
             25           Q.     In other words, everything that you

                              INTERIM COURT REPORTING

                                                                  37
              1                         Schumann
              2   reviewed you printed out?
              3           A.     That's correct.  I reviewed a
              4   printout.
              5           Q.     So that you did not see anything
              6   other than what was in that 3 and a half inches of
              7   papers relating to either the Livid Development
              8   Group or the Linux DVD group?
              9                  MR. GOLD:  I object to the form.
             10           A.     I may have looked occasionally at
             11   some references, but nothing of major significance.
             12           Q.     We are saying this was done at
             13   sometime in November or December in your office in
             14   Virginia?
             15           A.     Late November, early December, yes.
             16           Q.     Since then, have you looked at
             17   either of these sites?
             18                  MR. GOLD:  I object to the
             19           question on the grounds of
             20           attorney-client privilege and work
             21           product privilege.
             22           A.     (No response.)
             23           Q.     From the time you first saw it until
             24   January 14th, the date this lawsuit was instituted,
             25   did you look at either of those sites again?

                              INTERIM COURT REPORTING

                                                                  38
              1                         Schumann
              2           A.     Not to my recollection.
              3   RL      Q.     To your recollection, have you
              4   looked at those sites since January 14th?
              5   DI             MR. GOLD:  Same objection I made
              6           before.
              7           A.     (No response.)
              8                  MR. GARBUS:  So it is your
              9           position that all the questions I would
             10           have after January 14th of this witness
             11           are subject to the attorney-client
             12           privilege?
             13                  MR. GOLD:  I don't know.  I don't
             14           think I could answer that question now.
             15           I don't know what you are going to ask.
             16   BY MR. GARBUS:
             17           Q.     After you downloaded all this
             18   information in November or December of 1999, the
             19   Linux postings, what did you do with it?
             20                  MR. GOLD:  I am going to object to
             21           that, but maybe first you want to break
             22           that up as to time.
             23                  MR. GARBUS:  He is saying November
             24           or December.
             25                  MR. GOLD:  Oh, in November and

                              INTERIM COURT REPORTING

                                                                  39
              1                         Schumann
              2           December?
              3                  MR. GARBUS:  Yes.
              4                  MR. GOLD:  Read me the last
              5           question back, please.
              6                  (Record read.)
              7                  MR. GOLD:  That means what did you
              8           do with it in November or December.  I
              9           think that's what he is saying.  In those
             10           two months.
             11           A.     After I -- or as I reviewed the
             12   downloaded materials, after I finished reviewing
             13   them, I did nothing with the downloaded materials.
             14           Q.     Did you download the materials the
             15   same day that you downloaded the DeCSS?
             16           A.     No.
             17           Q.     What was the difference in time, if
             18   you remember, between the time you downloaded the
             19   DeCSS and you downloaded the materials?
             20           A.     It was infinite.
             21           Q.     Did you do it the same day?
             22           A.     No.
             23           Q.     Which did you do first, to the best
             24   of your recollection?
             25           A.     I'm sorry.  I did not download the

                              INTERIM COURT REPORTING

                                                                  40
              1                         Schumann
              2   materials I reviewed that is attached here.  I did
              3   not do the downloading.  I reviewed downloaded
              4   materials, which is what I said in my affidavits,
              5   but I did not, myself, download these materials.
              6           Q.     Your colleagues did?
              7           A.     They did not.
              8           Q.     Who did?
              9           A.     My client did.
             10           Q.     Which client?
             11           A.     That would have been MPAA.
             12   RL      Q.     The client asked you to download the
             13   materials when?
             14   DI             MR. GOLD:  I am going to object to
             15           the question as work product and
             16           attorney-client privilege.
             17   RL      Q.     Did you review the materials that
             18   the MPAA asked you to review after or before you
             19   first learned of the existence of DeCSS?
             20                  MR. GOLD:  Same objection.  If you
             21           want to limit it to before the lawsuit, I
             22           guess you can.
             23                  MR. GARBUS:  He is talking
             24           about --
             25                  MR. GOLD:  Your question wasn't

                              INTERIM COURT REPORTING

                                                                  41
              1                         Schumann
              2           related to before the lawsuit.
              3           Q.     Did you at any time prior to the
              4   lawsuit review the documents that are referred to
              5   in Exhibits B and C?
              6           A.     Yes.
              7           Q.     When did you review those?
              8           A.     Late November, early December.
              9           Q.     Do you remember whether or not you
             10   reviewed those documents before or after you first
             11   learned of the existence of DeCSS?
             12           A.     Probably prior.
             13           Q.     When you say your client MPAA, how
             14   long have they been your client?
             15           A.     I was hired by them to perform this
             16   review.
             17           Q.     When was that?
             18           A.     Late November.
             19           Q.     Prior to that, had you ever been
             20   involved with the MPAA?
             21           A.     Not directly, no.
             22           Q.     Are you now a consultant for them on
             23   this particular job?
             24           A.     I was a consultant for them on --
             25   for that review.

                              INTERIM COURT REPORTING

                                                                  42
              1                         Schumann
              2           Q.     Are you doing any other work for
              3   them?
              4           A.     Not at this time.
              5           Q.     Directing your attention to
              6   Paragraph 2, the first sentence of your affidavit,
              7   it says, and you can read the sentence, "The DeCSS
              8   utility serves one function only.  To decrypt CSS
              9   protected cipher text, including that embodied in
             10   the DVD disk containing plaintiffs' motion pictures
             11   and to copy and store the resulting unencrypted
             12   audio-visual data in one or more computer files."
             13                  Is that an accurate statement?
             14           A.     To the best of my knowledge, yes.
             15           Q.     Does the DeCSS serve any other
             16   function?
             17           A.     The DeCSS utility?
             18           Q.     Yes.
             19           A.     No.
             20           Q.     Can you, through the DeCSS utility
             21   ultimately play the DVD or is its only function to
             22   copy and store?
             23           A.     Its only function is to copy and
             24   store.
             25           Q.     Have you had any conversations with

                              INTERIM COURT REPORTING

                                                                  43
              1                         Schumann
              2   Mr. Valenti?
              3           A.     I have not.  I presume you mean
              4   Mr. Valenti of the MPAA.
              5           Q.     Yes.
              6           A.     No, I have not.
              7           Q.     Have you ever been retained by
              8   Columbia Pictures, Disney Enterprises,
              9   Metro-Goldwyn-Mayer, or Universal City Studios to
             10   do any work on their behalf?
             11           A.     No.
             12           Q.     Do you know any of the employees of
             13   those companies?
             14           A.     I do.
             15           Q.     Do you know, have any of the
             16   employees of those companies ever told you that
             17   they have ever watched a DVD that has been
             18   decrypted with DeCSS?
             19           A.     Have they ever watched a DVD that
             20   has been decrypted with DeCSS?
             21           Q.     Yes.
             22           A.     No.
             23           Q.     When you say you have spoken to
             24   people at those companies, who is it that you have
             25   spoken to at each of the companies?  For example,

                              INTERIM COURT REPORTING

                                                                  44
              1                         Schumann
              2   Universal.
              3                  MR. GOLD:  If it was after January
              4           of 00, don't answer.  If it was before,
              5           don't answer.
              6           A.     I assume my business -- confidential
              7   information is covered under the confidentiality
              8   clause, the earlier confidentiality issue.
              9           Q.     You have a lawyer there.
             10                  MR. GOLD:  We are going to take
             11           two minutes.
             12                  MR. GARBUS:  Is there an open
             13           question.
             14                  MR. GOLD:  Please read back the
             15           question.
             16                  (Record read.)
             17                  MR. GOLD:  Off the record.
             18                  (Discussion off the record.)
             19                  MR. GARBUS:  Merely the name of
             20           the person.
             21                  MR. GOLD:  The name of the person
             22           and what they talked about would have to
             23           be kept confidential.
             24                  MR. GARBUS:  Let's start first off
             25           with the name of the person.

                              INTERIM COURT REPORTING

                                                                  45
              1                         Schumann
              2                  MR. GOLD:  I'm saying that the
              3           name of the person would have to be kept
              4           confidential, as well as the subject
              5           matter.
              6                  MR. GARBUS:  We would have to get
              7           a ruling.  All I am asking now, if you
              8           are saying the names of any of the people
              9           that he spoke to prior to January 14th
             10           are to be kept confidential, then we
             11           should get a ruling on it so that --
             12                  MR. GOLD:  Let me take it another
             13           way.  Would you restate your question to
             14           cover the issues related to this lawsuit?
             15                  MR. GARBUS:  Surely.
             16                  MR. GOLD:  If you do that, then he
             17           can answer.
             18   BY MR. GARBUS:
             19           Q.     Can you tell me who prior to
             20   January 14th you spoke to at Universal relating to
             21   the issues relevant to this lawsuit?
             22           A.     No one.
             23           Q.     You can't tell me?  You don't
             24   remember?
             25           A.     I mean --

                              INTERIM COURT REPORTING

                                                                  46
              1                         Schumann
              2                  MR. GOLD:  He said no one.  You
              3           asked him who has he spoke to about the
              4           issues in this lawsuit.  He said nobody.
              5           Nobody at that studio.
              6           Q.     Would your answer be the same with
              7   respect to the other studios?
              8                  MR. GOLD:  Except for Time Warner.
              9           Q.     Namely, that everything I asked you,
             10   except for Time Warner, for our deposition, take
             11   Time Warner out of it as if they were not here.
             12   Don't tell me anything about Time Warner or anybody
             13   you ever spoke to there.
             14           A.     To any material degree, nobody.
             15           Q.     To your knowledge, prior to
             16   January 14th, did you know whether or not each of
             17   these studios maintained information on whether or
             18   not DeCSS was used to watch any DVDs that they had
             19   manufactured, distributed, or been in any way
             20   involved in?
             21           A.     Do I have any knowledge of that?
             22           Q.     Yes.
             23           A.     I have no knowledge either way.
             24           Q.     Do you have any knowledge of the
             25   record keeping at any of the plaintiffs?  Do you

                              INTERIM COURT REPORTING

                                                                  47
              1                         Schumann
              2   know what I mean by "the plaintiffs"?
              3           A.     Yes.
              4           Q.     Everybody except for Time Warner,
              5   relating to DeCSS or its application.
              6           A.     I have no knowledge.
              7           Q.     Do you know whether after
              8   January 14th, do you have any knowledge whether or
              9   not any of the plaintiffs, other than Time Warner,
             10   maintain any records concerning the use of DeCSS?
             11           A.     I have no knowledge.
             12           Q.     Do you have any knowledge of who the
             13   person is, if anyone, at each of the plaintiffs,
             14   other than Time Warner, who is in charge of
             15   securing information about the use of DeCSS?
             16           A.     I have no knowledge.
             17           Q.     Do you have any knowledge since
             18   January 14th whether any of the plaintiffs, other
             19   than Time Warner, maintain any records on DeCSS?
             20           A.     I have no knowledge.
             21           Q.     Have you ever been told by anybody
             22   from the MPAA that since January 14th any one of
             23   them has seen a movie, a DVD that has been
             24   decrypted --
             25                  MR. GOLD:  Objection.

                              INTERIM COURT REPORTING

                                                                  48
              1                         Schumann
              2           Q.     -- by DeCSS?
              3                  MR. GOLD:  Objection as to work
              4           product and attorney-client privilege.
              5           Q.     By the way, are you a lawyer,
              6   Mr. Schumann?
              7           A.     I am not.
              8           Q.     Who have you had conversations with
              9   at the MPAA since November or December of 1999?
             10                  MR. GOLD:  Do you have a cut-off
             11           date on that question?
             12                  MR. GARBUS:  Let's use
             13           January 14th as the cut-off date.
             14           A.     Mark Litvack.
             15           Q.     That's the attorney sitting in this
             16   room today?
             17           A.     Yes.
             18           Q.     Is he the sole person you spoke to
             19   at the MPAA from November or December until
             20   January 14th?
             21           A.     I was on a phone call with one other
             22   gentleman, a conference call, and Mark, but I don't
             23   recall the name of that other gentleman.
             24           Q.     Was the other gentleman a lawyer?
             25           A.     He may have been, but I don't know.

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              1                         Schumann
              2           Q.     Was he an MPAA employee?
              3           A.     To my knowledge, yes.
              4           Q.     Since January 14th, have you made
              5   any investigation on your own to determine whether
              6   or not DeCSS was being used to decrypt DVDs?
              7                  MR. GOLD:  Just answer "yes" or
              8           "no."
              9           A.     No.
             10           Q.     Pardon me?
             11           A.     On my own?
             12           Q.     Yes.
             13           A.     No.
             14           Q.     Has your company?
             15           A.     No.
             16           Q.     Do you know if any other company
             17   has?
             18                  MR. GOLD:  I think he means did
             19           you obtain knowledge prior to
             20           January 14th that any company did.
             21           A.     What is the current question?
             22                  MR. GARBUS:  Read it back.
             23                  (Record read.)
             24           Q.     -- been retained by the MPAA to
             25   determine if DeCSS is being used to allow people to

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              1                         Schumann
              2   see DVDs?
              3           A.     I have no knowledge.
              4           Q.     Have you ever seen any reports from
              5   any other company indicating that the MPAA has
              6   retained any company or individuals to determine if
              7   DeCSS is being used to watch DVDs?
              8           A.     I have not seen any reports.
              9                  MR. GOLD:  Before you ask another
             10           question, I have to take a short break.
             11                  (Recess taken.)
             12   BY MR. GARBUS:
             13           Q.     Are you presently employed by the
             14   MPAA on this project?
             15           A.     No.
             16           Q.     When did your employment with the
             17   MPAA end?
             18           A.     The end of the project would have
             19   been in December.
             20           Q.     So you have not been employed by the
             21   MPAA this year at all?
             22           A.     Cinea, my company, all the contracts
             23   were with my company.  Not with me personally.
             24           Q.     Have you ever been employed by any
             25   of the plaintiffs in this lawsuit, at any time?

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              1                         Schumann
              2           A.     I have not.
              3           Q.     The conversations that you had --
              4                  MR. GOLD:  Before you ask a
              5           question, off the record.
              6                  (Discussion off the record.)
              7           Q.     The conversations that you had, did
              8   they indicate that you would be paid for your
              9   testimony here today?
             10                  MR. GOLD:  Conversations he had
             11           with who?
             12                  MR. GARBUS:  With anybody at the
             13           MPAA.
             14           A.     Not with anyone at the MPAA, no.
             15           Q.     With who?
             16                  MR. GOLD:  Objection to the form
             17           of the question.
             18           Q.     Did anybody tell you you were going
             19   to be paid for coming here to testify today?
             20           A.     Yes.
             21           Q.     Is that the Proskauer law firm?
             22           A.     Yes.
             23           Q.     Were you paid also for preparing the
             24   affidavits or taking the time to do the affidavits?
             25           A.     I was reimbursed for my time, yes.

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              1                         Schumann
              2           Q.     You said you reviewed the documents
              3   which are Exhibits B and C, amongst others, and you
              4   were asked to review those by the MPAA; is that
              5   correct?
              6           A.     That's correct.
              7           Q.     Did you then furnish them with a
              8   report?
              9           A.     I did.
             10           Q.     When did you furnish them with that
             11   report?
             12           A.     It would have been, I guess,
             13   mid-December.
             14           Q.     How many pages is that report?
             15           A.     I don't remember the exact amount.
             16   Fifty to one hundred pages.
             17   RQ             MR. GARBUS:  May I have a copy of
             18           that report, Mr. Gold?
             19                  MR. GOLD:  I will take that under
             20           advisement.  I think that is work product
             21           privilege.
             22           Q.     Have you ever been retained by
             23   Proskauer, the law firm?
             24           A.     Can you --
             25           Q.     Is there a letter of agreement or

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                                                                  53
              1                         Schumann
              2   any understanding between you and Proskauer that
              3   you are going to do any work for Proskauer?
              4                  MR. GOLD:  You are asking if there
              5           is a letter or oral agreement?
              6                  MR. GARBUS:  Yes.
              7           Q.     Related to?
              8           A.     Related to this case?
              9           Q.     Yes.
             10           A.     Yes.
             11           Q.     Is it an oral agreement or a written
             12   retainer?
             13           A.     There is an oral agreement.
             14           Q.     When were you retained by Proskauer?
             15           A.     I don't remember if it was late
             16   December or early January.  I think it was early
             17   January.
             18           Q.     Were you retained by Proskauer after
             19   your relationship with the MPAA ended?
             20           A.     I was.
             21           Q.     Were you retained by Proskauer to
             22   specifically help them out on this project?
             23   Namely --
             24           A.     I was, yes.
             25           Q.     Have you ever done any other work

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              1                         Schumann
              2   for Proskauer?
              3           A.     Yes, I have.
              4           Q.     When was that?
              5           A.     The last three weeks, I guess.
              6           Q.     On a different matter?
              7           A.     On a different matter, that's
              8   correct.
              9           Q.     The DVD/CCA matter or something
             10   entirely different?
             11           A.     Something entirely different.
             12           Q.     With respect to the MPAA, after
             13   January 14th, did you have any conversations with
             14   them concerning this matter?
             15                  MR. GOLD:  Yes or no?
             16           A.     Any material conversations?
             17           Q.     Any conversations, after
             18   January 14th.
             19           A.     Yes.
             20           Q.     With whom?
             21           A.     Would have been with Mark Litvack.
             22           Q.     Did you also have conversations with
             23   the MPAA after January 14th with respect to helping
             24   them or being retained by them in another matter?
             25           A.     No.

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              1                         Schumann
              2           Q.     Have you ever previously testified
              3   for either the MPAA or Proskauer?
              4           A.     I have not.
              5           Q.     Have you ever been deposed before?
              6           A.     I have not.
              7           Q.     The report that you originally
              8   furnished to the MPAA, did a copy of that go to
              9   Proskauer?
             10           A.     I have no knowledge.
             11           Q.     You just sent it on to the MPAA?
             12           A.     That's correct.
             13           Q.     Who did you send it on to?
             14           A.     Mark Litvack.
             15           Q.     Is there any other correspondence
             16   exchanged between you and the MPAA prior to the
             17   time that they ended their employment of you?  By
             18   "you," of course, I am referring to you and your
             19   company.
             20                  MR. GOLD:  I am going to object to
             21           that.  It misstates the witness' prior
             22           testimony.
             23                  MR. GARBUS:  Can I have the
             24           question read again.
             25                  (Record read.)

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              1                         Schumann
              2   BY MR. GARBUS:
              3           Q.     Did you ever exchange any
              4   correspondence, other than this report, with the
              5   MPAA during the course of your employment with
              6   them?
              7           A.     Yes.
              8           Q.     Did they send letters back to you?
              9           A.     Not that I recall.  They did send a
             10   check, though.
             11           Q.     Do you have copies of any of the
             12   letters you sent to them today with you?
             13           A.     Not with me, no.
             14           Q.     How much such letters were there?
             15           A.     I believe there was only one.
             16           Q.     Was that the letter just enclosing
             17   the report?
             18           A.     And a separate one that enclosed the
             19   invoice.
             20           Q.     In addition to physical letters, is
             21   there any e-mail correspondence between you and the
             22   MPAA, in November, December, and January?
             23           A.     No.
             24                  MR. GARBUS:  For the purposes of
             25           this deposition, any time I say

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                                                                  57
              1                         Schumann
              2           "letters," it will include e-mails, as
              3           well.
              4                  MR. GOLD:  It would probably be
              5           better if you use all the words.  It's
              6           not that hard.
              7           Q.     Did you send to the MPAA any of the
              8   logs that you had concerning DeCSS?
              9                  MR. GOLD:  Yes or no?
             10           A.     Did I send to the MPAA any of the
             11   logs?
             12           Q.     Yes.
             13           A.     No.
             14           Q.     Did you download any materials in
             15   addition to that which was sent to you by the MPAA
             16   from either of these websites prior to
             17   January 14th?
             18           A.     How do you describe "download"?
             19           Q.     Take it off the machine and print
             20   it.
             21           A.     I may have.
             22           Q.     Would that be back in your office?
             23           A.     It's possible, but I probably would
             24   have thrown it away at the time.
             25           Q.     Do you have a file in your office on

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                                                                  58
              1                         Schumann
              2   this matter concerning the terms of your employment
              3   with the MPAA?
              4                  MR. GOLD:  Which is this matter?
              5           You mean the one in 1999 or -- is that
              6           the one you are talking about?
              7                  MR. GARBUS:  No.
              8           Q.     November and December you were
              9   employed with the MPAA.  Do you have a file of that
             10   in your office?
             11           A.     I have a file of that matter.  Not
             12   relating to the agreement.
             13   RL      Q.     What else is there in the file,
             14   other than the documents you have previously
             15   mentioned?
             16   DI             MR. GOLD:  I am going to object to
             17           that.  Attorney-client privilege.
             18                  MR. GARBUS:  We are talking about
             19           now when he was working for the MPAA,
             20           November and December.
             21                  MR. GOLD:  Of 1999.
             22                  MR. GARBUS:  Yes.
             23           Q.     You have a separate file maintained
             24   in your office after you were retained by
             25   Proskauer?

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              1                         Schumann
              2           A.     I do have a separate file for that,
              3   yes.
              4                  MR. GARBUS:  It occurs to me,
              5           Mr. Gold, that you just might have an
              6           objection if I ask for that file.
              7                  MR. GOLD:  I think I would.
              8           Although you might have been so amazingly
              9           clever I wouldn't have recognized it.  I
             10           gave him a compliment and I think it
             11           deserves to be on the record.
             12   BY MR. GARBUS:
             13           Q.     How many people work with Cinea?
             14           A.     There are currently two.
             15           Q.     It is you and?
             16           A.     A gentleman, David Degrooth, an
             17   employee of mine.
             18           Q.     What is his background?
             19           A.     He is an engineer.
             20           Q.     How long has that company been in
             21   existence?
             22           A.     Since June of 1999.
             23           Q.     You mentioned before that you had a
             24   colleague involved with you when you reviewed the
             25   downloaded material.  Do you recall?

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              1                         Schumann
              2           A.     Yes.
              3           Q.     Did that colleague then work for the
              4   company?
              5           A.     Yes.  He is one of my partners.
              6           Q.     Is he still a partner in the
              7   company?
              8           A.     He is still a minority partner, yes.
              9           Q.     Does he still work with the company?
             10           A.     No.
             11           Q.     Did he then work for the company?
             12           A.     Yes.
             13           Q.     What is his background?
             14           A.     He is an IT professional.
             15           Q.     What does that mean?
             16           A.     He has a software background.
             17           Q.     Are any of the three of you
             18   cryptographers?
             19           A.     No, we are not.
             20           Q.     Do any of the three of you have a
             21   degree in cryptography?
             22           A.     We do not.
             23           Q.     What is your minority partner's
             24   education?
             25           A.     I believe he has a master's in

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              1                         Schumann
              2   business administration.
              3           Q.     And his bachelor's is in?
              4           A.     I think it is in computer science,
              5   but I don't know.
              6           Q.     Prior to the time that you sent the
              7   report to the MPAA, did you do a draft of the
              8   report?
              9           A.     I'm sure I would have done an
             10   internal draft.
             11           Q.     Do you have copies of that internal
             12   draft?
             13           A.     I doubt it.  I typically remove
             14   earlier drafts.
             15           Q.     Wouldn't it be on your computer?
             16           A.     It might be, but I tend to clean up,
             17   sometimes.
             18           Q.     With respect to the report that the
             19   MPAA got from you, had they seen a draft of the
             20   report prior to the time you gave them the final
             21   report?
             22           A.     No.
             23           Q.     Had you had any discussions with
             24   anyone at the MPAA, including Mr. Litvack, about
             25   the nature of the report prior to the time they saw

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              1                         Schumann
              2   it?
              3                  MR. GOLD:  Yes or no?
              4           A.     Yes.
              5           Q.     With who was that conversation?
              6           A.     Mr. Litvack.
              7           Q.     When was that conversation?
              8           A.     It would have been, I think, early
              9   December.
             10           Q.     What did Mr. Litvack say to you?
             11           A.     I don't remember the exact nature,
             12   but let me clarify my previous answer.  Okay?
             13           Q.     Go ahead.
             14           A.     I believe -- I have to check my
             15   records.  I believe we did an interim report to the
             16   MPAA, a short interim report, and this conversation
             17   would have been around that interim report.
             18           Q.     The interim report was a written
             19   report?
             20           A.     I believe it was.
             21           Q.     In addition to the interim report
             22   and the final report, were there any oral reports?
             23           A.     There were, I believe, several phone
             24   conversations, but I don't particularly remember
             25   any, I guess, meaningful revelations in those that

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                                                                  63
              1                         Schumann
              2   were not in the written reports.
              3           Q.     All those conversations were with
              4   Mr. Litvack?
              5           A.     That's correct.  Prior to the
              6   report.
              7           Q.     Did you make memos of any of those
              8   conversations?
              9           A.     I certainly didn't make any memos.
             10   I may have made a report -- not a report.  Some
             11   notes.
             12           Q.     When for the first time did you
             13   learn that Proskauer were the lawyers for the MPAA
             14   or any of the movie studios?
             15           A.     It would have been when I was
             16   retained by them in late December or early January.
             17           Q.     Since you have been retained by
             18   them, have you spoken to any other third parties to
             19   see if DeCSS has been used to decrypt DVDs?
             20                  MR. GOLD:  I think that by "third
             21           parties" Marty means people not at any of
             22           the plaintiffs and not at MPAA, and not
             23           at Proskauer.
             24           A.     Is that true?
             25                  MR. GOLD:  Is that true?

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              1                         Schumann
              2                  MR. GARBUS:  Yes.
              3           A.     Have I been retained by them?  Is
              4   that your question?
              5                  MR. GOLD:  No.  He asked, have you
              6           spoken with such third parties.
              7                  You are talking about matters
              8           relevant to this lawsuit?
              9                  MR. GARBUS:  Yes.
             10           A.     Not to any material respect, no.
             11           Q.     Have you made any investigation,
             12   since you have been retained by Proskauer, to
             13   determine if DeCSS is being used by anyone to
             14   decrypt DVDs?
             15           A.     You mean am I going out looking for
             16   information?
             17           Q.     Yes.
             18           A.     No, but I have seen press reports
             19   that it is being done.
             20           Q.     Which press reports are you
             21   referring to?
             22           A.     I believe there is a Toronto Star
             23   article where a reporter describes essentially
             24   exactly how to do what DeCSS -- what is described
             25   by the plaintiffs.

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              1                         Schumann
              2           Q.     What is the date of that article?
              3           A.     It was recent.  Within, I guess, the
              4   last two weeks.
              5           Q.     Do you have a copy of it?
              6           A.     I believe I do in my files.
              7           Q.     Can you give it to me?
              8                  MR. GOLD:  Yes.  You can probably
              9           get it from the system, I guess.
             10           Q.     Other than the Toronto article,
             11   since the day you were retained by Proskauer, have
             12   you learned whether anyone is using DeCSS to
             13   decrypt DVDs?
             14           A.     I mean the affidavits, again, speak
             15   to it.
             16           Q.     Other than the affidavits, you have
             17   no information?  Is there one person named in your
             18   affidavit who, to your knowledge, is using --
             19           A.     In my affidavits?
             20           Q.     Yes.
             21           A.     No.
             22           Q.     The affidavits don't mention
             23   anyone -- your last affidavit is dated --
             24           A.     Not my affidavits.  The affidavits
             25   provided by yourself.

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              1                         Schumann
              2           Q.     So the only information you have,
              3   then, about the use of DeCSS with respect to DVDs
              4   is the information that you have seen from the
              5   affidavits we have submitted?
              6                  MR. GOLD:  I am going to say that
              7           that is subject to the attorney-client
              8           and work product privileges.
              9           A.     Now, are you --
             10                  MR. GOLD:  That's it.  Wait for
             11           the next question.
             12                  MR. GARBUS:  Can I hear the
             13           question back?
             14                  (Record read.)
             15                  MR. GOLD:  If you want to ask him
             16           a question other than conversations that
             17           would be protected, you can.
             18           Q.     Other than conversations that you
             19   have had with Proskauer or any of their clients,
             20   and the reference that you just made to the Toronto
             21   Star, have you ever heard of anyone or know the
             22   name of anyone who has used DeCSS to download a DVD
             23   and watch a DVD?
             24           A.     I have certainly seen much, I guess,
             25   ancillary evidence of it occurring.

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                                                                  67
              1                         Schumann
              2           Q.     Specific evidence.
              3                  MR. GOLD:  I am going to object to
              4           the form of the question.
              5           Q.     When you say ancillary --
              6                  MR. GOLD:  If you want to ask the
              7           witness what evidence he has seen, ask
              8           him that.
              9           Q.     What ancillary evidence have you
             10   seen?
             11           A.     A variety of websites that describe
             12   copy and share your movies.
             13           Q.     Do you know if anyone has acted on
             14   those websites, what is said in the websites,
             15   mainly copy and share your movies?
             16           A.     I have no personal knowledge.
             17   RL      Q.     As of today, you have no personal
             18   knowledge of whether or not anyone has ever shared
             19   a movie by using DeCSS to decrypt a DVD?  All you
             20   know is that the websites tell people to do it?
             21   DI             MR. GOLD:  The witness' answers
             22           stand for themselves.
             23           Q.     Is that right?
             24                  MR. GOLD:  I have already taken
             25           objection to a part of this question, so

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              1                         Schumann
              2           I am going to object to this question,
              3           but you have all of the information at
              4           the time that you ask direct questions.
              5           Q.     Have you ever seen a movie that had
              6   been on DVD on the internet?
              7           A.     Have I ever seen a movie that had
              8   been on DVD on the internet?
              9           Q.     Yes.
             10                  MR. GOLD:  By "seen," I think he
             11           means watched.  Is that what you mean?
             12                  MR. GARBUS:  Yes.
             13           A.     Have I ever watched one off the
             14   internet?
             15           Q.     Yes.
             16           A.     No.
             17           Q.     Do you know of anyone who has?
             18           A.     Yes.
             19           Q.     Who?
             20           A.     I know of a cousin of mine.
             21           Q.     Do you know how it got on the
             22   internet?
             23           A.     I do not.
             24           Q.     Do you know if it came from DeCSS?
             25           A.     In that particular case, it almost

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              1                         Schumann
              2   certainly did not come from DeCSS.
              3           Q.     So you don't know of one situation
              4   as you sit here today, to the best of your
              5   knowledge, where a movie was ever shown on the
              6   internet that originally came from the use of
              7   DeCSS; is that right?
              8           A.     That is correct.
              9           Q.     Has anyone ever told you that they
             10   have ever seen a movie on the internet that came
             11   from the use of DeCSS?
             12                  MR. GOLD:  This would be other
             13           than conversations with your counsel or
             14           with the plaintiffs.
             15           A.     No.
             16                  MR. GARBUS:  Off the record.
             17                  (Discussion off the record.)
             18                  MR. GOLD:  Marty and I have just
             19           agreed that none of us is going to object
             20           to two people taking parts of a
             21           deposition when the person taking the
             22           majority of it has to leave for whatever
             23           important purpose he has.
             24   EXAMINATION BY
             25   MR. HERNSTADT:

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                                                                  70
              1                         Schumann
              2           Q.     I am Ed Hernstadt.  I will be the
              3   lawyer on the other side of the table for the next
              4   45 minutes or so.
              5                  Did you review any documents in
              6   preparation for this deposition?
              7           A.     I did.
              8           Q.     What did you review?
              9           A.     I reviewed the affidavits provided
             10   by the defendants, as well as my own affidavits.
             11           Q.     Did you read all of them or just
             12   some of them?
             13           A.     I read most of them.
             14           Q.     You are currently employed by
             15   Proskauer?
             16           A.     Define "employed."
             17           Q.     Do you have some kind of an
             18   agreement -- is it you or your company?
             19           A.     My company.
             20           Q.     Cinea has some kind of agreement
             21   with Proskauer to provide your services?
             22           A.     That's correct.
             23           Q.     What are the terms of that
             24   agreement?
             25           A.     I am reimbursed for my time.

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              1                         Schumann
              2           Q.     On an hourly basis?
              3           A.     That's correct.
              4           Q.     You said that you started doing work
              5   unrelated to this case for Proskauer.  Is that
              6   subject to a second agreement?
              7           A.     Yes, it is.
              8           Q.     I am only interested in the
              9   agreement that has to do with this case.
             10           A.     Yes.
             11           Q.     Although, I do want to ask you one
             12   question about this new case.  Is it a DVD case?
             13           A.     It is not a DVD case per se, no.
             14           Q.     Does it implicate copying or piracy?
             15           A.     It might, yes.
             16           Q.     When you worked for MPAA, that was
             17   also through your company Cinea?
             18           A.     That's correct.
             19           Q.     You personally have never had a
             20   relationship with the MPAA?
             21           A.     That is correct.
             22           Q.     And you never have had a
             23   relationship with any of the plaintiffs in this
             24   matter?
             25           A.     Me personally, that's correct.

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              1                         Schumann
              2           Q.     And you never have had a
              3   relationship with Proskauer?
              4           A.     That's correct.
              5           Q.     And Proskauer, are they representing
              6   you today, you personally?
              7           A.     (No response.)
              8           Q.     That is not a technical question.  I
              9   mean have you hired the Proskauer firm to be your
             10   lawyers for the purposes of being your lawyers?
             11           A.     Separate from their hiring me as an
             12   expert witness?
             13           Q.     Yes.
             14           A.     No.
             15           Q.     Can you tell me the terms of the
             16   agreement that exists between Cinea and Proskauer?
             17           A.     Yes.  Cinea is reimbursed at the
             18   rate of $325 per hour for my time, plus reasonable
             19   expenses.
             20           Q.     What was Cinea hired to do?
             21           A.     Cinea was hired to provide factual
             22   evidence to the best of our ability.
             23           Q.     Factual evidence about what?
             24           A.     About what we were asked questions
             25   about.

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              1                         Schumann
              2           Q.     Tell me to help me out.
              3           A.     Effectively, about the two --
              4   essentially around the essence of the two
              5   affidavits that have been filed under my name or
              6   that I have filed, I guess.  I don't know what the
              7   terminology is.  I'm sure there is a legal term.  I
              8   don't know.
              9           Q.     Specifically looking at Exhibit A,
             10   it's the three items in Paragraph 1 of your
             11   Declaration.
             12           A.     The first Declaration?
             13           Q.     Yes, the first Declaration.
             14           A.     Okay.  My resume.
             15           Q.     No.  Paragraph 1 of the Declaration.
             16           A.     I'm sorry.  Paragraph 1 of the
             17   Declaration.  Yes.
             18                  MR. HERNSTADT:  Let's mark this as
             19           Defendant's Exhibit 2.
             20                  (Defendants' Exhibit 2, Supplemental
             21           Declaration of Robert Schumann, dated
             22           April 3rd, marked for identification, as of
             23           this date.)
             24                  MR. HERNSTADT:  This is the
             25           Supplemental Declaration of Robert

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              1                         Schumann
              2           Schumann, dated April 3rd.
              3   BY MR. HERNSTADT:
              4           Q.     These are the only two declarations
              5   that you have done in this case; is that correct?
              6           A.     Yes.
              7           Q.     Turning to Paragraph 1 of the
              8   Supplemental Declaration, you list two things.  The
              9   technical aspects of hyperlinks on the internet and
             10   the particular hyperlinks presented on the website
             11   of 2600.
             12                  Taken together, those are the areas
             13   that you were hired to provide Proskauer with
             14   expert information about; is that correct?
             15           A.     Yes.
             16                  MR. GOLD:  The document says that.
             17                  THE WITNESS:  Work product.
             18           Q.     I'm sorry?
             19           A.     This is the result of the
             20   discussions.
             21                  MR. GOLD:  The sentence says:
             22           "In this Declaration I focus particularly
             23           on the issues of linking on the internet,
             24           including --" and he mentions two of a
             25           group of issues that he is looking into

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              1                         Schumann
              2           and then, of course, there is the
              3           original agreement where he says what he
              4           is looking into.
              5                  MR. HERNSTADT:  In the first
              6           Declaration?
              7                  MR. GOLD:  In the first
              8           Declaration.
              9                  MR. HERNSTADT:  That's what I
             10           said.
             11           Q.     Taken together, the two
             12   declarations, the areas laid out in Paragraph 1 of
             13   the first Declaration and the second Declaration,
             14   does that define the scope of the work that you
             15   were hired to perform services?
             16                  MR. GOLD:  You mean define it at
             17           the beginning or define it at the end?
             18                  MR. HERNSTADT:  In Paragraph 1 of
             19           the first Declaration, there is sub A,
             20           sub B, and sub C, which says that this is
             21           what in particular he has focused on in
             22           that Declaration.
             23                  In the Supplemental Declaration
             24           Paragraph 1, sub A and sub B, he says
             25           he is focusing on two particular areas.

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              1                         Schumann
              2           Q.     My question is:  Are those areas the
              3   areas for which you were hired to provide expert
              4   fact testimony or expert fact information for
              5   Proskauer?
              6           A.     I was not hired for a particular
              7   area, I guess.  I mean there was no -- there was no
              8   agreement up front that I would testify in these
              9   two particular areas to provide information.
             10           Q.     What I am trying to get at is what
             11   were you hired to give them?
             12           A.     I was hired to provide my
             13   professional opinion and expertise in this case.
             14           Q.     On any aspect of this case or on
             15   particular aspects of this case?
             16                  MR. GOLD:  What the witness said
             17           was that he was going to deal -- he
             18           just -- this is the third or fourth time.
             19                  MR. HERNSTADT:  He is going back
             20           and forth.
             21                  MR. GOLD:  No.  You are.
             22                  MR. HERNSTADT:  Mr. Gold, --
             23                  MR. GOLD:  I object to the form of
             24           the question.
             25                  MR. HERNSTADT:  Go ahead.  You can

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              1                         Schumann
              2           answer it.
              3                  MR. GOLD:  Do you remember the
              4           question?
              5                  THE WITNESS:  Can you please read
              6           back the question?
              7                  (Record read.)
              8           A.     I presume they will only ask me
              9   questions on particular aspects of this case.
             10           Q.     What are the particular aspects of
             11   the case?
             12           A.     Two examples are embodied in the
             13   Supplement in the Declaration.
             14           Q.     Can you take a look at the first
             15   Declaration, if you would.
             16           A.     Yes.
             17           Q.     In 1B you say that you are going to
             18   focus on historical developments within the Linux
             19   community showing that DeCSS is not a program
             20   designed as a part of the development of the Linux
             21   compatible DVD player.
             22           A.     Correct.
             23                  MR. GOLD:  It says that he did
             24           focus on it.
             25                  MR. HERNSTADT:  It says what it

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              1                         Schumann
              2           says.
              3                  MR. GOLD:  I know, but you keep on
              4           asking -- let me just read it right and I
              5           won't say anything.
              6                  MR. HERNSTADT:  Whatever.
              7           Q.     I take it the basis for the
              8   information contained in the Declaration were the
              9   logs that were sent to you by the MPAA; is that
             10   correct?
             11           A.     Relative to the historical
             12   developments --
             13                  MR. GOLD:  You can ask what you
             14           want to ask, but you can't interrupt the
             15           witness.
             16                  MR. HERNSTADT:  Please do not
             17           interrupt my deposition.
             18                  MR. GOLD:  Not if you are going to
             19           interrupt the witness.  I am telling you
             20           clearly, not if you are going to
             21           interrupt the witness.  You cannot
             22           interrupt the witness.
             23                  MR. HERNSTADT:  Mr. Gold, let me
             24           just continue.
             25                  MR. GOLD:  You cannot interrupt

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              1                         Schumann
              2           the witness.
              3                  MR. HERNSTADT:  Read back the
              4           question.
              5                  (Record read.)
              6                  MR. GOLD:  Did you finish your
              7           answer?
              8           A.     Within the Linux community.
              9           Q.     What did you do with those logs
             10   after you sent the MPAA the report that you
             11   described earlier to Mr. Garbus?
             12           A.     I filed them.
             13           Q.     So you possess those logs still?
             14           A.     I do.
             15           Q.     Do you possess all of them?  In
             16   other words, do you take photocopies of the
             17   excerpts from those logs that are attached as
             18   Exhibits A and B?
             19           A.     I did.
             20   RQ             MR. HERNSTADT:  I call for
             21           production of the entire logs in your file.
             22                  MR. GOLD:  Taken under advisement.
             23           Q.     In Paragraph 1C, can you tell me
             24   what the basis of -- excuse me.
             25                  You say in particular you have

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              1                         Schumann
              2   focused on and then going down to C, "Defendants
              3   claim that they are proliferating DeCSS as part of
              4   a legitimate analysis of how the DeCSS algorithm
              5   works."
              6                  Where do defendants claim what you
              7   say they claim in 1C?
              8           A.     My recollection is that is based on
              9   some of the claims in websites posting DeCSS.
             10           Q.     Which websites?
             11           A.     I can't remember off the top of my
             12   head.  I would have to --
             13           Q.     We only represent Emanuel Goldstein.
             14   That's the only defendant I am concerned about.
             15   Was it on Emanuel Goldstein's website?
             16           A.     I believe it was, but I would have
             17   to check that website or the records of that
             18   website.
             19                  MR. GOLD:  By the way, on the
             20           documents you are asking for, it will be
             21           faster if you keep a list of them,
             22           because we are not going to get this
             23           transcript for a while.
             24                  MR. HERNSTADT:  I will give it to
             25           you.

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              1                         Schumann
              2                  MR. GOLD:  We won't wait for the
              3           transcript if you give me a list.
              4                  MR. HERNSTADT:  Absolutely.  I
              5           will send you a letter at the end of the
              6           day.
              7                  MR. GOLD:  Good.
              8           Q.     Do you have printouts of
              9   Mr. Goldstein's website?
             10           A.     I believe I have printouts of some
             11   of the pages.  I believe they are attached even to
             12   this, I presume.
             13           Q.     And so it is attached as an exhibit
             14   to your Declaration?
             15           A.     I believe -- I mean I would have to
             16   look, but I believe --
             17                  Actually, I take that back.  For
             18   this Declaration it did not have any website
             19   attachments.  The Supplemental did.
             20                  MR. HERNSTADT:  I would just call
             21           for the production of any documents that
             22           contain a claim by any of the defendants,
             23           past or current, that they are
             24           proliferating DeCSS as part of a
             25           legitimate analysis of how the DeCSS

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              1                         Schumann
              2           algorithm worked.
              3                  MR. GOLD:  Are you including
              4           affidavits and briefs that defendants
              5           have filed?
              6                  MR. HERNSTADT:  By definition,
              7           because this Declaration was signed on
              8           January 19th, whatever he had was at the
              9           time he made this statement.
             10                  MR. GOLD:  You are still on the
             11           first?
             12                  MR. HERNSTADT:  Yes.  Still on the
             13           first.
             14           Q.     You answered Mr. Garbus' question
             15   earlier that the DeCSS served only one function,
             16   which was to decrypt CSS protected cipher text and
             17   copy and store the encrypted audio-visual data in
             18   one or more computer files.
             19                  I am reading that from Paragraph 2
             20   of your Declaration.
             21           A.     Yes.
             22           Q.     Does DeCSS also have the function of
             23   permitting a consumer who has purchased a DVD to
             24   evade the region coding?
             25           A.     No.

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              1                         Schumann
              2           Q.     Does DeCSS permit a consumer who has
              3   purchased a DVD to fast-forward through sections of
              4   a DVD that the manufacturer has prevented from
              5   being fast-forwarded?
              6           A.     DeCSS itself?
              7           Q.     That's my question.
              8           A.     No.
              9           Q.     Does DeCSS enable someone to use
             10   with some other program, like a DVD player, to skip
             11   the region code?
             12           A.     I think it is irrelevant to that
             13   problem.
             14           Q.     You think DeCSS is irrelevant to
             15   that problem?
             16           A.     To the problem of evading region
             17   code?
             18           Q.     Yes.
             19           A.     Yes.
             20           Q.     You have reviewed some of the
             21   declarations that the defendants have submitted?
             22           A.     Yes, I have.
             23           Q.     In a Declaration if there is a
             24   statement that says that DeCSS permits you to evade
             25   region coding, a region coding limitation, then

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              1                         Schumann
              2   that statement is incorrect?
              3                  MR. GOLD:  I object to the form.
              4           Q.     You can answer the question.
              5           A.     In my professional opinion, DeCSS is
              6   irrelevant to evading the region coding, in your
              7   terminology.
              8           Q.     Why is that?
              9           A.     Because region coding is not part of
             10   the DeCSS specification.
             11           Q.     What is CSS?  I will be a little
             12   more specific.  What is in the specification of
             13   CSS?
             14           A.     To my understanding, CSS describes
             15   an access control mechanism for the disk, an
             16   encryption and decryption mechanism for the disk,
             17   and a key management function.
             18           Q.     What do you base that understanding
             19   on?
             20           A.     My experience in the DVD industry.
             21           Q.     Can you be more specific?  What
             22   experience?
             23           A.     I have six plus years now in --
             24   actually, DVD has only been around four years, but
             25   I have been working in the field since the

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              1                         Schumann
              2   beginning of DVD and have intimate knowledge of the
              3   DVD specs.
              4           Q.     Have you ever reviewed the CSS
              5   source code?
              6           A.     The CSS source code?  I have not.
              7           Q.     Have you ever seen a CSS license?
              8           A.     I have not.
              9           Q.     Do you know what the terms of the
             10   CSS license are?
             11           A.     Not as a factual matter, no.
             12           Q.     In your six years of working with
             13   DVDs, you know the DVD specifications?
             14           A.     Yes.
             15           Q.     How does that tell you what the CSS
             16   does and how CSS works?
             17           A.     I know -- I know what the DVD
             18   specification does and I know what the -- from
             19   working in the industry, what CSS adds technically
             20   to DVD, but I do not know the details of the CSS
             21   specification.
             22           Q.     Could you then describe the
             23   securities system or security devices, however you
             24   would phrase that, that protect the information on
             25   a DVD?  What are these different systems or

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              1                         Schumann
              2   devices --
              3           A.     Can you define "protect"?
              4           Q.     -- that prevent consumers from
              5   getting at the copyrighted material on a DVD?
              6           A.     In what way?  You describe --
              7           Q.     Let's start with accessing.  The two
              8   aspects I am looking at are accessing the material
              9   and playing the material.
             10           A.     Can you please break the question
             11   into -- are you including both region coding and
             12   copy control?
             13           Q.     I want to know all the different
             14   things that are on a DVD that protect, access, or
             15   protect playing or protect copying, and I use
             16   copying and accessing together.  You have to get
             17   access to copy.
             18           A.     There are, to my knowledge, two
             19   mechanisms.  There is a mechanism called region
             20   control or region codes, which is part of the DVD
             21   specification, and there is the CSS system itself.
             22           Q.     Have you tried to use DeCSS to see
             23   if it has any effect on region coding?
             24           A.     I have absolutely no need to do
             25   that.

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              1                         Schumann
              2           Q.     Why not?
              3           A.     Because I know for a fact that it
              4   has no impact on region coding.
              5           Q.     How do you know that?
              6           A.     Because I have in the past had
              7   intimate and detailed knowledge of how region
              8   coding is implemented in DVDs and that is
              9   completely embodied within the DVD specification
             10   and, therefore, CSS or DeCSS would have no impact
             11   on that.
             12           Q.     I am asking about DeCSS, not CSS.
             13           A.     To my knowledge, DeCSS would have no
             14   impact on that either.
             15           Q.     Tell me, what does DeCSS do?
             16           A.     DeCSS, as described in my
             17   Declaration, DeCSS performs three -- has three
             18   parts to it, if you will.  It authorizes the DVD
             19   drive to release the CSS protected information, it
             20   allows its user, through user interface, to select
             21   one or more files from the DVD to copy.
             22                  Both select what to copy and also
             23   where to copy those data files, and that can be on
             24   any, I guess, connected drive or network connection
             25   that is attached to their computer in the standard

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              1                         Schumann
              2   Windows file system.  And then after the user
              3   indicates what files they would like to decipher
              4   and store, it then proceeds to read -- decrypt the
              5   contents of those files and store them where
              6   indicated by the user.
              7           Q.     And you indicated that you undertook
              8   that exercise; is that correct?
              9           A.     I did run the DeCSS, yes.
             10           Q.     What movie did you use?
             11           A.     I don't recall.  It may have been, I
             12   think, The Matrix came out around then.
             13           Q.     Do you know how big the movie was,
             14   how many gigabytes?
             15           A.     It was 4 or 6 gigabytes.  It was
             16   probably 4 gigabytes.
             17           Q.     Do you have a record of what movie
             18   you viewed?
             19           A.     I doubt I kept a detailed written
             20   record of it.
             21           Q.     You actually don't know what movie
             22   it was or how big it was?
             23           A.     Not exactly, no.
             24           Q.     Did you leave the deciphered or
             25   decrypted files on your hard drive?

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              1                         Schumann
              2           A.     I doubt I did.  I may have.
              3           Q.     How big is your hard drive?
              4           A.     I think the machine that ran on was,
              5   I don't know, 10, 12 gigabytes.
              6           Q.     Did you have to clear files out in
              7   order to make room to store the movie?
              8           A.     No.
              9           Q.     You had between 4 and 6 open
             10   gigabytes of space on your hard drive?
             11           A.     Yes.
             12           Q.     You didn't play it, so you don't
             13   know if it would actually play?
             14           A.     I played it from the DVD.
             15           Q.     But you didn't play it from the
             16   stored files; is that correct?
             17           A.     I did not.
             18           Q.     You don't know if that would
             19   actually play or not?
             20           A.     There is no -- there is no reason
             21   why the resulted decrypted files will not play.
             22           Q.     But you don't know one way or the
             23   other; correct?
             24                  MR. GOLD:  He just testified that
             25           he did.

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              1                         Schumann
              2           A.     I know that those files are exactly
              3   as playable as when they were on the DVD, except
              4   they are in decrypted form.
              5           Q.     How do you know they are decrypted?
              6           A.     What?
              7           Q.     How do you know they are decrypted?
              8   You didn't test it; right?
              9           A.     I looked at some of the structures
             10   in the file.
             11           Q.     How did that tell you that it was
             12   decrypted?
             13           A.     DVD has a very specific structure
             14   within it and the encryption destroys that
             15   structure, so you can look at the structure.
             16           Q.     Your assumption is that it would
             17   play, but you didn't actually view it?
             18           A.     Yes.
             19           Q.     Okay.  Fair enough.  In Paragraph 4
             20   of your Declaration you say that, in the very last
             21   sentence, "The stored unencrypted movie file and
             22   then be further copied, electronically transmitted,
             23   digitally altered, or displayed."
             24                  Can you explain how it can be
             25   further copied?

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              1                         Schumann
              2           A.     Certainly.  I can go in Windows.  As
              3   an example, I can move it from one hard drive to
              4   another or to a computer that is attached on the
              5   network, using an Explorer.
              6           Q.     Within a network, let's take for a
              7   moment in your office, you can move it from one
              8   computer to another?
              9           A.     Within -- yeah, within the office or
             10   if I was on a university campus, I can move it from
             11   one computer to another.
             12           Q.     Assuming that the other computer had
             13   enough space on the hard drive?
             14           A.     That's correct.
             15           Q.     How else would you copy it?
             16           A.     You could copy it to tape, you could
             17   copy it to CDs.
             18           Q.     In Paragraph 5 you say there are
             19   products available at a reasonable cost.  Could you
             20   tell me specifically what those products are?
             21           A.     I would have to look at the
             22   attachments.  I believe there were attachments that
             23   showed specific product.  Not a separate exhibit.
             24   There was a -- I mean there is on-stream, there are
             25   tape drives, there are a variety of tape drives.

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              1                         Schumann
              2           Q.     What tape drives are there?
              3                  MR. GOLD:  Had you finished your
              4           answer to the last question?
              5                  THE WITNESS:  Can you read back
              6           the question and my answer.
              7                  (Record read.)
              8                  THE WITNESS:  What you are saying
              9           is, "What tape drives are there?" is a
             10           separate question?
             11                  MR. GOLD:  You had finished the
             12           prior question?
             13                  THE WITNESS:  Yes.
             14                  MR. GOLD:  Go ahead.
             15           A.     There is certainly the on-stream and
             16   at the time I don't recall, but at the time we
             17   looked on the internet and found a variety of tape
             18   drives you could find -- like go into buy.com and
             19   buying the drives and the tapes.
             20           Q.     Do you have a record of that
             21   research?
             22           A.     I believe I do, yes.
             23   RQ             MR. HERNSTADT:  I call for the
             24           production of that.
             25           Q.     I take it that this is all in the

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              1                         Schumann
              2   MPAA file that you say that you maintained?
              3           A.     This, I assume, would be in my
              4   Proskauer file.
              5           Q.     When you say a tape drive for less
              6   than $300, for example, the on-stream tape drive?
              7           A.     That's what was referenced here.  I
              8   would have to look at the details, but there were
              9   several different mechanisms that were relatively
             10   cost effective.
             11           Q.     How big are these high capacity
             12   digital tape drives?
             13           A.     I have to look at the details, but
             14   some of them go up to 15 or 20 gigabytes.
             15           Q.     Do they have the same quality as a
             16   DVD?
             17           A.     Yes.  Absolutely.
             18           Q.     Do they have the same functionality
             19   as a DVD?
             20           A.     In what sense?
             21           Q.     Can you play a movie on a tape the
             22   same way that you can play a movie on a DVD?
             23           A.     Depends on the playback software,
             24   but you would lose some functionality playing back
             25   directly from a tape.

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              1                         Schumann
              2           Q.     Is there another way to play it
              3   back, other than directly from a tape?
              4           A.     You can copy it to a hard drive and
              5   then play it from your hard drive.
              6           Q.     So this is all for playing on a
              7   computer?
              8           A.     I would presume, yes.
              9           Q.     You also mentioned writable DVD.
             10   How much are DVD burners?
             11           A.     It depends on the DVD burner.
             12           Q.     Can you give me a range, please?
             13           A.     I believe DVD read-write drives, and
             14   don't hold me to the exact acronym.  There are
             15   three or four technologies, as one of the
             16   affidavits that you presented accurately describes,
             17   but there is one of them that I believe is for sale
             18   now, for the drives, $400 or $500.
             19           Q.     Can you tell me which one that is?
             20           A.     I think it is DVD-RW, but I would
             21   have to look.
             22           Q.     What company or manufacturer sells a
             23   DVD burner for $400 or $500?
             24           A.     I believe there are several -- I
             25   know there are several manufacturers.  MEI,

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              1                         Schumann
              2   otherwise known as Panasonic.  I believe Pioneer
              3   has a competing, and I think Sony has another one.
              4   Phillips, also, has the technology.  Again, I don't
              5   know who is behind exactly which technology.  There
              6   are three or four.
              7           Q.     They are all available for $400 or
              8   $500?
              9           A.     I don't believe they are all
             10   available.
             11           Q.     Which is available for $400 or $500?
             12           A.     Again, I don't know exactly without
             13   looking.
             14           Q.     Did you look this up at one point?
             15           A.     Yes, I have occasionally looked at
             16   the prices.
             17           Q.     Do you have a record of this?
             18           A.     I doubt I would have a detailed
             19   record.  I may have looked at DVD read-write
             20   drives.  When I did the affidavit, I would have
             21   looked and found at least one.
             22           Q.     Do you know how much the media cost?
             23           A.     For?
             24           Q.     DVD read-write.
             25           A.     I'm sure that depends on the

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              1                         Schumann
              2   technology.
              3           Q.     Does that mean you know --
              4           A.     No, I don't know.  Off the top of my
              5   head, I do not know the exact details.
              6           Q.     Do you know, when you say there are
              7   several competing technologies, is there a single
              8   standard yet for DVD burners?
              9           A.     No, there is not a single standard.
             10           Q.     Do you know when there will be or if
             11   there will be?
             12           A.     I would imagine there will be a
             13   dominant standard that will emerge.
             14           Q.     I'm not asking you to speculate or
             15   guess.  If this is beyond your area of expertise,
             16   just say so?
             17           A.     It is likely that a dominant
             18   standard will emerge.
             19           Q.     Do you know when?
             20           A.     Somebody will win.  I have no idea
             21   when.
             22           Q.     So that means that if you burn a DVD
             23   on, let's say a Panasonic burner, it won't play in
             24   a Phillips player; is that correct?
             25           A.     That's not a given.

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              1                         Schumann
              2           Q.     Does it depend on what technology
              3   they use?
              4           A.     It depends on what technology the
              5   DVD drive can read.
              6           Q.     So if the DVD drive is built to read
              7   the technology of the particular burner that that
              8   same company makes --
              9           A.     Then you would be able to read that
             10   disk.  It's really more the disk than the drive on
             11   the burner.
             12           Q.     How would you distribute a DVD movie
             13   on the internet?
             14           A.     In a variety of ways.  There are a
             15   variety of ways.
             16           Q.     Go ahead, please.
             17           A.     You could distribute it in its
             18   native DVD form.  In other words, essentially the
             19   decrypted output of DeCSS could then be made
             20   available via a large variety of mechanisms.
             21   Anything from to friends and the extreme pace,
             22   sending an e-mail, but you would put it on your web
             23   page and your friends or whoever can come get it.
             24   Or the much more likely feature scenario, you could
             25   make it available with new tools coming out now.

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              1                         Schumann
              2                  The Gnutella and Napster, Freenet,
              3   I-Search, and -- I think it is called I-Search --
              4   and a variety of others.  There is a whole series
              5   of these coming available now.  More likely you
              6   would take the decrypted content in order to make
              7   it smaller to make it easier for people with lower
              8   bandwidths to acquire the contents.
              9                  You might, for instance, use the
             10   recently released DivX software to further compress
             11   the file and allow even faster access to the
             12   content.
             13           Q.     If you were to e-mail it to a
             14   friend, a DVD movie that was, let's say, 6
             15   gigabyte, how long would that take?
             16           A.     It depends where the friend is and
             17   what the e-mail system is.
             18           Q.     What kind of system do you have?
             19           A.     In my office I have access to an
             20   ISDN link to the network.
             21           Q.     What is that?  Is that a T1?  Is
             22   that a T3?
             23           A.     No.  128 kilobit per seconds.
             24           Q.     How long would it take you to
             25   e-mail?

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              1                         Schumann
              2           A.     I would have to do the math and
              3   e-mail is controlled also by the speed of the
              4   intermediate server.  It would take several hours
              5   at least.
              6           Q.     Did you review John Gillmore's
              7   affidavit estimating the length of time it would
              8   take to transmit a movie using a 56K modem and then
              9   a T1 line?
             10           A.     I recall seeing his affidavit.  I
             11   would have to see exact text to comment on the
             12   details of it.
             13           Q.     You said tools like Gnutella,
             14   Napster, Freenet, I-Search.  What kind of tools are
             15   they?
             16           A.     They are essentially file-sharing
             17   tools that have been recently described accurately,
             18   I think, as consumer-to-consumer file sharing
             19   tools.
             20           Q.     Using those tools, the consumer
             21   still has to download the movie; is that correct?
             22           A.     Download in what sense?
             23           Q.     In order to acquire a copy of it to
             24   view.
             25           A.     Yes.  They get a copy from whoever

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              1                         Schumann
              2   is providing the copy, that's correct.
              3           Q.     So that doesn't save any time in
              4   terms of downloading.  It just gives you a place to
              5   go to find it; is that correct?
              6           A.     That's correct.  It has no impact on
              7   the download speed.
              8           Q.     Are you aware of DeCSS being used in
              9   conjunction with DivX?
             10           A.     With DivX?
             11           Q.     Yes.
             12           A.     I believe I have seen some press
             13   reports to that effect.
             14           Q.     Where have you seen that?
             15           A.     On the -- Toronto Star article, I
             16   think.  I would have to look in detail.  And I know
             17   I went to the DivX website and it described using
             18   DeCSS in conjunction with DivX to share movies.
             19           Q.     There is no need to use DeCSS; is
             20   there?
             21           A.     In what sense?
             22           Q.     There is other ways of getting the
             23   movies so that you can compress it using DivX;
             24   isn't that correct?
             25           A.     So it can compress it using DivX?

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              1                         Schumann
              2           Q.     Or to use with DivX.
              3           A.     Not that would give you the same
              4   result, to my knowledge.
              5           Q.     Is it your understanding that all
              6   the movies that are available using DivX have been
              7   decrypted with DeCSS?
              8           A.     No.
              9           Q.     How do you explain those two sort of
             10   seemingly contradictory understanding?
             11                  MR. GOLD:  Objection as to form.
             12           Do you understand the question?
             13                  THE WITNESS:  I understand.
             14           Q.     Go ahead.
             15           A.     I guess I don't understand why you
             16   think they are contradictory.  Perhaps you can
             17   clarify what you find contradictory with my answer.
             18           Q.     You said that not all the -- let's
             19   call it a DivX movie.  Do you understand that term?
             20           A.     A DivX compressed movie, yes.
             21   That's fine.
             22           Q.     That not all those movies are made
             23   using DeCSS.
             24           A.     I have no knowledge one way or
             25   another.

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              1                         Schumann
              2           Q.     It is your opinion that you would
              3   get a better quality DivX movie if you used DeCSS?
              4           A.     I believe I said that there is no
              5   tool, to my knowledge, that would give you the
              6   equivalent result of DeCSS.
              7           Q.     Could you explain what you mean by
              8   that, equivalent result of DeCSS?
              9           A.     DeCSS gives you a perfect replica of
             10   the sort content of the DVD, on the original DVD.
             11   A perfect unencrypted, unprotected copy of the
             12   source DVD and, to my knowledge, no other tools,
             13   other than perhaps some Linux tools, built on DeCSS
             14   or built on the source of DeCSS, equivalent
             15   functions give you the same thing.
             16           Q.     Do you know if there are players
             17   that will play those decrypted movies?
             18           A.     I have heard and seen reports that
             19   there are some players.  I have no personal
             20   knowledge.
             21                  MR. HERNSTADT:  Why don't we stop
             22           now.
             23           (Luncheon recess taken at 12:55 p.m.)
             24                        --o0o--
             25           A F T E R N O O N     S E S S I O N

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              1                         Schumann
              2                 (Time noted:  2:05 p.m.)
              3   R O B E R T   W.   S C H U M A N N, resumed and
              4           testified as follows:
              5   CONTINUED EXAMINATION
              6   BY MR. GARBUS:
              7           Q.     Before you were talking about DVD
              8   burners.  Can you tell me what a DVD burner is used
              9   for at the present time?
             10           A.     I'm sure I am not aware of all the
             11   uses, but it is used for a variety of purposes.
             12           Q.     Go ahead and tell me what that
             13   variety is.
             14           A.     Some of them have used it to make
             15   DVDs, actual DVDs in the video sense.  I am sure
             16   they are used for large capacity storage devices.
             17   Those are the primary purposes I am aware of.
             18           Q.     Do you know of any other purposes
             19   that it can be used for in the future?  Are those
             20   primarily the purposes for which it was intended?
             21           A.     I don't think the DVD writers have
             22   any particular intent.
             23           Q.     Have you ever burned a DVD?
             24           A.     Not directly.
             25           Q.     When you say not directly --

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              1                         Schumann
              2           A.     I have caused them to be burned, but
              3   I have not operated the machinery myself.
              4           Q.     What happened when you caused it to
              5   be burned?
              6           A.     We were able to play the resultant
              7   DVD in the DVD player.
              8           Q.     Did you see it?
              9           A.     Yes, I did.
             10           Q.     Do you have notes of the quality of
             11   which you saw?
             12           A.     No.
             13           Q.     Do you know how long the burning
             14   took?
             15           A.     I don't know the exact period of
             16   time.  I think it was a standard writing.  Standard
             17   period, one to two hours.
             18           Q.     Do you know of any DVD that was
             19   burned that was ever sold?
             20           A.     Yes.
             21           Q.     Do you have a disk concerning your
             22   burning or having the DVD burned at your request?
             23           A.     I don't believe in my possession.
             24           Q.     Where is it?
             25           A.     That would be with my former

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              1                         Schumann
              2   employer.
              3   RQ             MR. GARBUS:  I ask that it be
              4           produced.
              5                  MR. GOLD:  Taken under advisement.
              6           Q.     You say you do know of a DVD that
              7   was sold that was burned?
              8           A.     I believe -- I mean --
              9           Q.     From your own personal knowledge.
             10           A.     I believe that it has occurred.
             11           Q.     No.  From your own personal
             12   knowledge.
             13           A.     Certainly no DVD that I caused to be
             14   burned was sold.
             15           Q.     Do you know of any DVD particularly
             16   that anybody caused to be burned was sold?
             17           A.     I believe I know of circumstances,
             18   but I can't guarantee them.
             19           Q.     Give me the best of your
             20   recollection.
             21           A.     I know, for example, that DVDs are
             22   used on aircraft in very small quantities where it
             23   is cost effective to burn them individually rather
             24   than do a pressing.
             25           Q.     When you say on aircraft, what do

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              1                         Schumann
              2   you mean by that?
              3           A.     On planes.  You know, watching
              4   movies -- playback on planes.
              5           Q.     I am talking now particularly about
              6   movies that are being ripped off.
              7           A.     Oh, I'm sorry.  I didn't understand
              8   that qualification earlier.
              9           Q.     With that qualification, can you
             10   answer those questions?
             11           A.     With that qualification, I have no
             12   specific knowledge.
             13           Q.     So you have no knowledge of any DVD
             14   that was burned, that was allegedly ripped off,
             15   ever sold?
             16           A.     Burned on an individual writer?
             17           Q.     Yes.
             18           A.     Personal knowledge, no.
             19           Q.     Burned on any kind of writer?
             20           A.     No.
             21           Q.     Since you have been employed by
             22   Proskauer, have you had any conversations with the
             23   MPAA about how many DVDs they believe were seen by
             24   anybody as a result of DeCSS?
             25           A.     No.

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              1                         Schumann
              2           Q.     Have you had any conversation with
              3   Universal concerning that?
              4           A.     No.
              5           Q.     Other than Time Warner, putting them
              6   aside, have you had any conversations with the
              7   other plaintiffs concerning that?
              8           A.     No.
              9           Q.     Have you ever seen any MPAA records
             10   indicate that they know of a DeCSS being used to
             11   gain access to a DVD, particular access?
             12           A.     Is this different than your earlier
             13   question?
             14           Q.     Yes.  Talking about records now
             15   rather than people.
             16           A.     I believe before lunch I said that I
             17   had no knowledge of any records of any shape from
             18   the studios, relative to -- I guess pirated movies.
             19   I don't remember the exact question, but I think we
             20   have went over this.  I apologize, but I don't want
             21   to waste any of our time.
             22           Q.     Have you ever seen any records that
             23   Proskauer has --
             24           A.     I have not.
             25           Q.     -- concerning whether or not they

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              1                         Schumann
              2   know of any particular case of DeCSS being used
              3   with respect to DVDs?
              4           A.     I have not.
              5           Q.     Do you know if Proskauer or any of
              6   the plaintiffs or the MPAA has retained any firm or
              7   any third person to see the application or to
              8   understand the application of DeCSS to DVDs?
              9           A.     I have no knowledge.
             10                  MR. GARBUS:  Can I hear the last
             11           question, please.
             12                  (Record read.)
             13   BY MR. GARBUS:
             14           Q.     Do you know whether either Proskauer
             15   or any of the plaintiffs had ever seen the DVD that
             16   had been decrypted by DeCSS?
             17           A.     I have no knowledge.
             18           Q.     Have you ever seen any reports from
             19   Proskauer or the MPAA or any of the plaintiffs
             20   indicating whether or not they had ever seen the
             21   DVD after the application of DeCSS?
             22           A.     You were referring to pirated DVDs
             23   when you clarified?
             24           Q.     Yes.
             25           A.     I have no knowledge.

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              1                         Schumann
              2           Q.     Do you have any knowledge whether
              3   anybody at the MPAA claims that there ever was a
              4   pirated copy of a DVD sold, a copy that had been
              5   enabled by the use of DeCSS?
              6           A.     I have no knowledge.
              7           Q.     Would your answer be the same with
              8   respect to Proskauer and the seven plaintiffs in
              9   this case, excluding Time Warner?
             10           A.     I believe so, yes.
             11           Q.     Read back the last question and
             12   answer.
             13                  (Record read.)
             14           Q.     You mentioned the article in the
             15   Toronto Star.  That was back in May; was it?
             16           A.     I believe this was -- May of this
             17   year?
             18           Q.     Yes.
             19           A.     I believe so.  I don't recall the
             20   exact date.
             21           Q.     Do you recall the article says
             22   that -- you stated before that the article says
             23   that he used DeCSS to get access to a DVD; is that
             24   right?
             25           A.     To remove the CSS encryption, yes.

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              1                         Schumann
              2           Q.     Do you recall anything else about
              3   the article?  Did it tell you if he was successful?
              4   Did it tell you what the quality of the film was
              5   that he saw?  Did he see such a film?  Did he tell
              6   you anything about the problems that he had in
              7   getting to the DVD?
              8           A.     If I generally recall, and I have to
              9   look in detail, but I believe it described the
             10   removal of CSS as fairly straightforward and then
             11   he apparently had a playback system that needed
             12   some more work.  Because if I remember correctly,
             13   he described some issues in the playback of the
             14   content.
             15           Q.     Do you remember what those issues
             16   were?
             17           A.     I don't remember in complete
             18   specific detail, but I think there was some
             19   audio/video syncing issues perhaps.
             20           Q.     Do you know if he ever got the audio
             21   off the DVD?
             22                  MR. GOLD:  Do you want to show him
             23           a copy of the article since it speaks for
             24           itself or do you want to play memory
             25           games?

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              1                         Schumann
              2                  MR. GARBUS:  Go ahead,
              3           Mr. Schumann.
              4           A.     Did he ever get the audio --
              5           Q.     -- off the DVD?
              6           A.     If he ran DeCSS and, in fact, copied
              7   what is referred to as a VOB file and removed CSS,
              8   then he did, in fact, remove the audio from the
              9   DVD, as they are intertwined.
             10           Q.     Do you know if he did that?
             11           A.     I can only presume that he claimed
             12   to have ran CSS and removed it.  CSS does not
             13   distinguish between the audio and the video.
             14           Q.     Do you recall what the quality was
             15   of the audio and the visual?
             16                  MR. GOLD:  You mean what the
             17           article says about the Quality?
             18                  MR. GARBUS:  Yes.
             19                  MR. GOLD:  You don't want to show
             20           him the article?
             21                  MR. GARBUS:  No.
             22                  MR. GOLD:  Do you remember that?
             23                  THE WITNESS:  I believe it
             24           referenced the quality of the playback
             25           being poor, but in my professional

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              1                         Schumann
              2           opinion, that has nothing to do with the
              3           quality of the DeCSS.  Only to do with
              4           the playback environment.
              5           Q.     Have you ever seen the quality of a
              6   DVD that has been accessed by DeCSS?
              7           A.     I'm sorry.  I don't fully
              8   understand.
              9           Q.     Have you ever seen the film that was
             10   on the DVD that was accessed through the use of
             11   DeCSS and have you ever observed its quality?
             12           A.     Are you saying have I ever seen a
             13   playback after DeCSS to assess the result and
             14   quality?
             15           Q.     Yes.
             16           A.     I believe, as I stated earlier, I
             17   have never seen, personally seen the playback after
             18   DeCSS, but there is nothing in the DeCSS process
             19   itself which would have any impact on the quality
             20   of the resultant playback.
             21           Q.     Do you recall if the Toronto
             22   reporter mentioned that he had lost the audio using
             23   DivX?
             24           A.     I don't recall the specific details
             25   of the pieces he did.

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              1                         Schumann
              2           Q.     Do you recall whether the article
              3   talks about how long it took to --
              4           A.     I believe he was frustrated with the
              5   quality of the software he was using.
              6           Q.     When you say he was frustrated, can
              7   you explain that further?
              8           A.     I believe he described that he
              9   attempted one process that failed after some hour
             10   period or something to that regard, and he had to
             11   restart.
             12           Q.     Do you recall, when he restarted,
             13   whether it worked or not?
             14           A.     I believe he succeeded to some
             15   degree.
             16           Q.     When you say he succeeded to some
             17   degree, do you know what degree he succeeded?
             18                  MR. GOLD:  Do you want to show him
             19           the article?
             20                  MR. GARBUS:  No.
             21                  MR. GOLD:  Do you recall?
             22                  THE WITNESS:  It may have been a
             23           subset of the original, but I believe
             24           that was only on playback.
             25           Q.     Other than the article writer who

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              1                         Schumann
              2   described the application of DeCSS, have you ever
              3   spoken to anyone else at any time since November or
              4   December who has used DeCSS for the purposes of
              5   decrypting a DVD?
              6           A.     For the purposes of decrypting a
              7   DVD?
              8           Q.     For the purposes of watching a DVD.
              9                  MR. GOLD:  You mean a DVD that has
             10           already been decrypted?  I object to the
             11           question.
             12           Q.     Do you understand the question?
             13                  MR. GARBUS:  Read the question
             14           back.
             15                  MR. GOLD:  I don't understand the
             16           question.
             17                  MR. GARBUS:  Read the question.
             18                  (Record read.)
             19                  MR. GARBUS:  Go ahead.
             20                  MR. GOLD:  I think the question
             21           is:  Did you ever speak to anyone else
             22           for the purpose of watching a DVD that
             23           has been decrypted.  If you know what
             24           that means, you can answer.
             25           A.     Other than the plaintiffs?  In that

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              1                         Schumann
              2   group?
              3           Q.     Right.
              4           A.     I am not particularly aware of any,
              5   no.
              6           Q.     But plaintiffs within the group
              7   have, to your knowledge, viewed DVDs?
              8           A.     I have no knowledge.
              9   DI             MR. GOLD:  I am going to object to
             10           that on the basis of attorney-client and
             11           work product.
             12                  MR. GARBUS:  Do you want to define
             13           the basis for this objection or would you
             14           rather wait for the judge for that?  Both
             15           the attorney-client and the work product.
             16                  MR. GOLD:  Sure.  All work-product
             17           objections held by the people he has been
             18           designated as a witness for are
             19           applicable to him in his testimony.
             20                  MR. GARBUS:  I am not clear,
             21           Mr. Gold.  Are you representing the
             22           witness at this deposition?
             23                  MR. GOLD:  Yes.
             24   BY MR. GARBUS:
             25           Q.     Did you retain Proskauer to

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              1                         Schumann
              2   represent you at this deposition, Mr. Schumann?
              3           A.     Are you asking did I hire them to
              4   represent me?
              5           Q.     Yes.
              6           A.     No.
              7           Q.     Did they volunteer to represent you?
              8           A.     I guess that is not entirely clear
              9   to me.
             10           Q.     Do you know why they are here today
             11   on your behalf?
             12           A.     I believe I, if I understand this
             13   process correctly, I at some degree are here on
             14   their behalf.
             15   RL      Q.     You are Proskauer's witness?
             16   DI             MR. GOLD:  He is not here as a legal
             17           expert and so I am going to put an end to
             18           this.  If you want legal advice, see your
             19           colleagues.  They will be happy to help
             20           you.
             21                  MR. GARBUS:  I didn't ask him for
             22           legal advice.
             23                  MR. GOLD:  Yes, you did.  You
             24           asked him for legal conclusions and I am
             25           going to put a stop to it.  We let it go

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              1                         Schumann
              2           for a while to see if we can divert your
              3           attention to something relevant.  We
              4           haven't succeeded, so I have to object.
              5           Q.     Have you or the MPAA or any of the
              6   plaintiffs, to your knowledge, gotten information
              7   from any third parties, at any time, concerning the
              8   quality of the movie that has been decrypted from a
              9   DVD?
             10                  MR. GOLD:  Answer that question
             11           "yes" or "no."  If you would, sir.
             12                  THE WITNESS:  Can you read back
             13           the question for me, please.
             14                  (Record read.)
             15                  MR. GOLD:  If you have any
             16           information, answer "yes."  If you don't
             17           know anything about that question, answer
             18           "no."
             19           A.     Yes.
             20   RL      Q.     What is that information?
             21   DI             MR. GOLD:  I am going to object on
             22           the basis of the work product privilege and
             23           the attorney-client privilege.
             24           Q.     Did you obtain that information
             25   prior to January 14th?

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              1                         Schumann
              2           A.     Can you read the original question
              3   back again?
              4                  (Record read.)
              5           A.     The answer is "yes."
              6           Q.     Was that information ever contained
              7   in a written report or a letter or any document?
              8                  MR. GOLD:  That's a "yes" or "no."
              9           A.     That's actually "I don't know,"
             10   without checking detailed records.  I don't know.
             11           Q.     In other words, records in your
             12   file?
             13           A.     That's correct.
             14                  MR. GARBUS:  Will you produce that
             15           document if it exists, Mr. Gold?
             16                  MR. GOLD:  No.  I believe it is
             17           subject to the work product privilege.
             18           Q.     From whom did you receive this
             19   information prior to January 14th?
             20                  MR. GOLD:  That's just a name.
             21           A.     I actually don't recall a detailed
             22   name.  It would have been from the development logs
             23   or development records as previously discussed.
             24           Q.     So it was not from someone at the
             25   MPAA?

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              1                         Schumann
              2           A.     No.
              3           Q.     Did you ever try to contact any of
              4   the people whose names are set forth in Exhibits B
              5   and C in those development logs?
              6           A.     No.
              7           Q.     Did you ever try and determine for
              8   yourself what the quality of a DVD is that is being
              9   shown after it has had DeCSS applied to it?
             10                  MR. GOLD:  That's a "yes" or a
             11           "no."
             12           A.     Can I ask for a clarification of the
             13   question?
             14                  MR. GOLD:  You don't understand
             15           the question?  Listen to the question.
             16           If you don't understand it, just say so.
             17                  (Record read.)
             18           A.     I'm sorry.  That question doesn't
             19   make sense to me.
             20                  MR. GARBUS:  Can I hear the
             21           question again?
             22                  (Record read.)
             23   BY MR. GARBUS:
             24           Q.     Have you ever tried to make a
             25   determination as to the quality of a film that is

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              1                         Schumann
              2   shown from an original DVD that is now being shown
              3   because DeCSS has "broken the code"?
              4                  MR. GOLD:  You can answer that
              5           "yes or "no."
              6           A.     No.
              7           Q.     Do you know if anyone at the MPAA
              8   ever has?
              9                  MR. GOLD:  You can answer.
             10           A.     I have no knowledge.
             11           Q.     Do you know if anyone at the seven
             12   plaintiffs, other than Time Warner, have?
             13           A.     I have no knowledge.
             14           Q.     Have you ever seen any reports from
             15   either the MPAA or any of the other seven
             16   plaintiffs?
             17                  MR. GOLD:  Yes or no.
             18           A.     I have no knowledge.
             19           Q.     Do you know what DVD CCA is?
             20           A.     Yes.
             21           Q.     What is that?
             22           A.     It is the licensing or
             23   administration authority for CSS.
             24           Q.     Who are the organizations, to your
             25   knowledge, that are involved with DVD CCA?

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              1                         Schumann
              2           A.     I don't know the exact corporate
              3   entity, corporate structure.
              4           Q.     Do you know who sits on their board?
              5           A.     Not in detail, no.
              6           Q.     Do you know who the head of it is?
              7           A.     I believe it is John Hoy.
              8           Q.     Do you know how many employees it
              9   has?
             10           A.     I do not.
             11           Q.     Do you know where its offices are?
             12           A.     No, I don't.  I think they are in
             13   L.A.
             14           Q.     Prior to the time that the MPAA sent
             15   out cease and desist letters, did you have any
             16   discussion with them concerning those cease and
             17   desist letters?
             18           A.     With --
             19           Q.     With the MPAA.
             20           A.     I did not.
             21           Q.     Do you know to whom cease and desist
             22   letters were sent?
             23           A.     I do not.
             24           Q.     Do you know how many cease and
             25   desist letters were sent?

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              1                         Schumann
              2           A.     I do not.
              3           Q.     Do you know whether the cease and
              4   desist letters were sent by the MPAA or the studios
              5   themselves?
              6           A.     I do not, no.
              7           Q.     Do you know if there was any
              8   response to the cease and desist letters?
              9           A.     I know that some sites went off
             10   line.
             11           Q.     Did you ever see any of the
             12   responses, any written responses to any of the
             13   request?
             14           A.     To the MPAA cease and desist
             15   letters?
             16           Q.     Yes.
             17           A.     I don't believe so.
             18                  MR. GARBUS:  Will you produce
             19           those files, Mr. Gold?
             20                  MR. GOLD:  What files?
             21                  MR. GARBUS:  The cease and desist
             22           letters, any responses to the cease and
             23           desist letters, and any correspondence
             24           relating to the cease and desist letters.
             25                  MR. GOLD:  Correspondence between?

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              1                         Schumann
              2                  MR. GARBUS:  Presumably between
              3           whoever sent the cease and desist letters
              4           and whoever received them.
              5                  MR. GOLD:  Yes to all those
              6           questions.  We should have them soon.
              7                  MR. GARBUS:  Pardon.  In other
              8           words, you will produce them?
              9                  MR. GOLD:  You asked me three
             10           times and I said "yes" to all three
             11           requests, and I think they will be
             12           produced real soon.
             13                  MR. GARBUS:  Do you know when?
             14                  MR. GOLD:  I don't know if they
             15           have arrived to my office yet, so I
             16           can't.
             17   BY MR. GARBUS:
             18           Q.     Do you know who selected which sites
             19   to get cease and desist letters?
             20           A.     No.
             21           Q.     Do you know whether or not --
             22                  MR. GOLD:  Hold on for a second.
             23                  (Recess taken.)
             24                  MR. GARBUS:  Read back what I have
             25           so far.

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              1                         Schumann
              2                  (Record read.)
              3   BY MR. GARBUS:
              4           Q.     -- the MPAA has done any
              5   investigation or examination into Linux's attempts
              6   to build a DVD player?
              7           A.     Other than what I performed?
              8           Q.     Yes.
              9           A.     No.
             10           Q.     So you have no knowledge one way or
             11   the other?
             12           A.     That's correct.
             13           Q.     And that would be true if I were to
             14   ask that with respect to the seven studios, as
             15   well?
             16           A.     That's correct.
             17           Q.     And that would be true, to your
             18   knowledge, if I asked that with respect to
             19   Proskauer, as well?
             20           A.     Yes.
             21           Q.     Have you ever had any business
             22   relationship with anyone at Linux or any of the
             23   open source companies?
             24           A.     I have not.
             25           Q.     When for the first time did you use

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              1                         Schumann
              2   a Linux system?
              3           A.     I believe it was August or
              4   September.
              5           Q.     So that was not specifically for the
              6   purposes -- had nothing to do, then, with your
              7   being retained by the MPAA.  That was before that?
              8           A.     That's correct.
              9           Q.     Did you have any discussion with the
             10   MPAA in November or December concerning Linux's
             11   attempted development of a DVD player?
             12                  MR. GOLD:  Answer that "yes" or
             13           "no."
             14           A.     From November to December?
             15           Q.     Yes.
             16           A.     Yes.
             17           Q.     Tell me what that conversation was.
             18                  MR. GOLD:  That is subject to the
             19           work product privilege.
             20           Q.     Who did you have the conversation
             21   with?
             22           A.     Mark Litvack.
             23           Q.     Who is he?
             24           A.     He is, I believe, a counsel for the
             25   MPAA.

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              1                         Schumann
              2           Q.     Do you have any notes or memorandum
              3   of the various conversations you have had with the
              4   various people at the MPAA?
              5           A.     I believe I have some notes about
              6   the conversations I had, yes.
              7           Q.     Did you ever speak to anybody at the
              8   MPAA, other than their counsel?
              9           A.     I believe, as I indicated earlier
             10   this morning, one of the conversations there was, I
             11   believe, an additional individual on the phone.
             12           Q.     Never any independent conversation?
             13           A.     No independent conversations, that's
             14   correct.
             15                  MR. GARBUS:  Off the record.
             16                  (Discussion off the record.)
             17   BY MR. GARBUS:
             18           Q.     Do you know if the members of MORE
             19   supplied the code or the DeCSS to the Livid team
             20   working on the development of the Linux DVD player?
             21           A.     Please clarify what you mean by --
             22           Q.     DeCSS?
             23           A.     In what -- it appears in many forms.
             24           Q.     How many forms does it appear in?
             25           A.     At least two or three.  It appears

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              1                         Schumann
              2   as a source as executable.
              3           Q.     And?
              4           A.     I am aware they made it available on
              5   the Linux forums as executable, as Windows
              6   executable.
              7           Q.     When you say "they made it
              8   available," you mean the MORE group?
              9           A.     Apparently.  I mean have no personal
             10   knowledge.
             11           Q.     You saw this from reading the
             12   material on the website?
             13           A.     And the statements of the -- I mean
             14   there were some statements in the press, as well by
             15   the people purporting to be members of MORE.
             16           Q.     And the people who purported to be
             17   members of MORE claim, as you saw, that they gave
             18   the code in executable form to the DVD people to
             19   help develop a Linux DVD player; is that right?
             20           A.     This is what they claimed, yes.
             21           Q.     Do you know if that is true?
             22           A.     In my professional opinion --
             23           Q.     I didn't ask for your opinion.  I
             24   asked do you know whether or not it is true.
             25                  MR. GOLD:  Whether or not it is

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              1                         Schumann
              2           true that what?
              3                  MR. GARBUS:  That MORE supplied
              4           the executable code to people working on
              5           developing an open source Linux DVD
              6           player.
              7           A.     They did supply it on those
              8   development forums.
              9           Q.     When for the first time did they
             10   provide it?
             11           A.     It was -- if I recall, it was early
             12   October of 1999.
             13           Q.     Is that the same -- you say early
             14   October of 1999?
             15           A.     Yes.
             16           Q.     You are talking about the first ten
             17   days?
             18           A.     I believe.  I have to look at
             19   detailed notes.
             20           Q.     When for the first time, when you
             21   say you would have to look at detailed notes, which
             22   notes are you talking about?
             23           A.     The report I discussed earlier where
             24   I discuss the results of looking at these 3 inches
             25   of paper.

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              1                         Schumann
              2           Q.     How soon --
              3                  MR. GOLD:  Hold on a second.
              4                  (Witness consulted with counsel.)
              5           Q.     So far as you know, is the
              6   communication by MORE to the Linux people at the
              7   same time that DeCSS was made available, made
              8   public?
              9           A.     It was posted in a public forum.
             10           Q.     In which forum was it posted for the
             11   first time?
             12           A.     I don't know that offhand.
             13   Actually, I don't know the answer to that.
             14           Q.     Was it the Linux forum?
             15           A.     I don't know that.
             16           Q.     So far as you know, the first
             17   posting of DeCSS may have been on the Linux forum?
             18           A.     May have been.
             19           Q.     Do you have any reason to believe
             20   otherwise?
             21           A.     I don't believe so.
             22           Q.     What does the term "anonymous
             23   source" mean?
             24           A.     In my experience, it refers to
             25   source code whose author deliberately disguises

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              1                         Schumann
              2   their identity.
              3           Q.     To your knowledge, with respect to
              4   DeCSS, is there an individual who has said that he
              5   is the "anonymous source" for that code?
              6           A.     No.
              7           Q.     Have you made any investigation --
              8   by "you" I mean the eight movie studios other than
              9   Time Warner -- into who posted the anonymous source
             10   code?
             11                  MR. GOLD:  I think that is subject
             12           to the work product.
             13           Q.     Did you make any investigation prior
             14   to being retained by the MPAA?
             15                  MR. GOLD:  In 1999.
             16           A.     No.  I made no --
             17           Q.     Did you make any investigation once
             18   the MPAA retained you?
             19                  MR. GOLD:  Yes or no?
             20           A.     No.
             21           Q.     Do you know if anyone at the MPAA
             22   made any investigation?
             23                  MR. GOLD:  Yes or no?
             24           A.     I have no knowledge.
             25           Q.     Do you know whether anyone at the

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              1                         Schumann
              2   other eight studios, other than Time Warner?
              3           A.     I have no knowledge.
              4                  MR. GOLD:  Are there eight
              5           studios?
              6                  MR. HART:  I think there are eight
              7           plaintiffs.
              8                  MR. GARBUS:  Off the record.
              9                  (Discussion off the record.)
             10   BY MR. GARBUS:
             11           Q.     Do you know how many members of the
             12   MPAA there are?
             13           A.     I do not know that, no.
             14           Q.     Did you ever see the website on
             15   which Frank Stevenson published DeCSS?
             16           A.     Do you have a name for that?
             17           Q.     http/crypto.GQNU/
             18           A.     I don't believe I know that website.
             19           Q.     Do you know how many universities
             20   have received cease and desist letters in this
             21   case?
             22           A.     No knowledge.
             23           Q.     Do you know how many scientists have
             24   received cease and desist letters from the
             25   plaintiffs?

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              1                         Schumann
              2           A.     I have no knowledge.
              3           Q.     Do you know how many universities or
              4   scientists or other institutions posted the DeCSS
              5   code prior to January 14th?
              6           A.     No.
              7           Q.     Do you know how many now do?
              8           A.     No.
              9           Q.     Have you ever had any conversation
             10   with anyone at any of the universities that have
             11   posted this information on their sites?
             12           A.     No.
             13           Q.     Do you recall seeing in the
             14   Stevenson affidavit his claim that this was a very
             15   weak security system?
             16           A.     Yes.
             17           Q.     Do you create security systems?
             18           A.     I myself do not create the
             19   encryption codes, but I do help develop overall
             20   security systems.
             21           Q.     Were you involved in the development
             22   of CSS?
             23           A.     I was not.
             24           Q.     Now, you said in your affidavit that
             25   everyone knew that the breaking of CSS was

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              1                         Schumann
              2   inevitable.  Do you remember using that word,
              3   "inevitable"?
              4           A.     No, but I will -- if you point it
              5   out, I will --
              6           Q.     Do you agree with that or not?
              7           A.     Yes.
              8           Q.     When you say "inevitable," what do
              9   you mean by that?
             10           A.     It is certain to happen.
             11           Q.     Why?
             12           A.     Because all security systems have
             13   historically proven to inevitably fail.
             14           Q.     Do you know, let's say with respect
             15   to Universal, what their loss is due each year
             16   to -- let's use the term -- Hong Kong pirates or
             17   Asian copying, actual copying of DVDs?
             18           A.     I have no knowledge of figures like
             19   that.
             20           Q.     Would your answer be the same if I
             21   were to ask you the same question about each of the
             22   studios?
             23           A.     Yes.
             24           Q.     With respect to the losses that
             25   Universal suffers as a result of copying or

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              1                         Schumann
              2   pirating, do you know the percentage of loss that
              3   comes from rippers or people who just copy the DVDs
              4   in Hong Kong or wherever?  In other words, do you
              5   know the breakdown?
              6           A.     I do not.
              7           Q.     And your answer would be the same
              8   with respect to each of the other companies?
              9           A.     Yes.
             10           Q.     And with respect to the MPAA?
             11           A.     No.
             12           Q.     Various of the plaintiffs in this
             13   case earn search engines; is that right?
             14           A.     Various of the plaintiffs in this
             15   case own --
             16           Q.     Disney owns Infoseek; is that right?
             17           A.     I have no detailed knowledge, but I
             18   am aware they own websites and web properties.
             19           Q.     Do the other plaintiffs also own
             20   websites and web properties?
             21           A.     I presume they would.
             22           Q.     With respect to the Disney site, do
             23   you know whether the Disney site links to any DeCSS
             24   postings?
             25           A.     I have no knowledge.

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              1                         Schumann
              2           Q.     To your knowledge, has anyone at the
              3   MPAA tried to determine whether the Disney site
              4   links to specific DeCSS postings?
              5           A.     I have no knowledge.
              6           Q.     Do you know what strings are?
              7           A.     Strings?
              8           Q.     Yes.
              9           A.     In the computer sense?
             10           Q.     Yes.
             11           A.     I believe so, yes.
             12           Q.     Tell me what they are.
             13           A.     Strings is typically a term used to
             14   define a sequence of text characters.
             15           Q.     Do you know whether the Disney
             16   search engine, for example, will do a search if you
             17   put in DeCSS?
             18           A.     If Disney has a search engine, which
             19   I will believe is true, I would presume it would.
             20           Q.     And do you know how many sites then
             21   come up under the Disney search?
             22           A.     I have no knowledge.
             23           Q.     Is your answer "no knowledge," would
             24   that be true with respect to any of the other
             25   plaintiffs in this case?

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              1                         Schumann
              2           A.     Yes, that's correct.
              3           Q.     Do you know if the Disney search
              4   engine will take you to CSS.auth?
              5           A.     I have no knowledge.
              6           Q.     CSS.cat?
              7           A.     I have no knowledge.
              8           Q.     Do you have any knowledge of how
              9   many people have downloaded or taken off --
             10                  (Telephone interruption.)
             11   BY MR. GARBUS:
             12           Q.     -- downloaded DeCSS?
             13                  MR. GOLD:  I object to the form.
             14                  MR. GARBUS:  Pardon me?
             15                  MR. GOLD:  I object to the form of
             16           the question.
             17           Q.     Do you know how many people have
             18   read, viewed or seen, as of today, the DeCSS code?
             19                  MR. GOLD:  You mean how many
             20           people in the country have?
             21                  MR. GARBUS:  Yes.
             22           A.     I mean I have no knowledge.
             23           Q.     Is there any way of determining
             24   that?
             25           A.     Not effectively or not completely.

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              1                         Schumann
              2   RL      Q.     How would you start?
              3   DI             MR. GOLD:  I am going to object to
              4           this, because I have given you a lot of
              5           leeway all through the day, but I notice
              6           this afternoon you are really picking this
              7           up.
              8                  Mr. Schumann has not been designated
              9           as a witness with respect to this area, but
             10           the other witness that you are deposing
             11           this week has been designated in this area.
             12                  MR. GARBUS:  Which area are you
             13           talking about?
             14                  MR. GOLD:  The business of finding
             15           out of who is or is not doing something,
             16           as spelled out in our Complaints.
             17                  Who is doing relatively linking,
             18           relatively posting, what efforts have
             19           been made to stop proliferation to stop
             20           DVD piracy.  That's another witness
             21           that has been designated for that.
             22                  MR. GARBUS:  Can I hear the last
             23           question and answer, please.
             24                  (Record read.)
             25   BY MR. GARBUS:

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              1                         Schumann
              2           Q.     Mr. Stevenson says, "To my
              3   knowledge, DeCSS and similar CSS descrambling
              4   programs have been available to any interested
              5   person with a working knowledge of the internet and
              6   web and how to utilize search engines since at
              7   least mid-October 1999."
              8                  Is that true?
              9           A.     That sounds likely.
             10           Q.     And then he says that "I think a
             11   paper about the efforts of the Livid forum and
             12   other related and unrelated individuals in
             13   connection with CSS and DVDs will provide extremely
             14   useful information for a wide variety of
             15   individuals, scientists, and academics, including
             16   cryptologists and persons interested in the DVD
             17   media."
             18                  Do you agree with that statement?
             19           A.     Is that a statement when he refers
             20   to his paper?
             21           Q.     No.  He is talking about why he
             22   should do his paper.  Take a look at the first two
             23   sentences.
             24           A.     I'm sorry.
             25           Q.     Let me read the first two sentences.

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              1                         Schumann
              2   Here is what he says in Paragraph 14.
              3                  "In addition to the CCS-related
              4   crypto analysis and other informational papers that
              5   I have already published on the internet, I plan to
              6   publish a paper concerning the cracking of CSS and
              7   the development of video and DVD playback capacity
              8   for the Linux machines in an academic and/or
              9   industry-related journal."
             10                  Then he says, "I think a paper about
             11   the efforts of the Livid forum and other related
             12   and unrelated individuals in connection with CSS
             13   and DVDs will provide extremely useful information
             14   for a wide variety of individuals, scientists, and
             15   academists, including cryptologists and persons
             16   interested in the DVD media."
             17                  Do you agree with that?
             18           A.     I presume that paper would be of
             19   interest, yes.
             20           Q.     Why would it be of interest?
             21           A.     It's clearly an area that is an area
             22   of, I guess, hot development, if you will, or
             23   interesting development and is, at this point,
             24   obviously gotten attention.
             25           Q.     When you say "hot," what do you mean

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              1                         Schumann
              2   by "hot"?
              3           A.     Hot as an area of development
              4   activity.
              5           Q.     Be more specific.  Can you?
              6           A.     By "hot," I referred to by having
              7   public focus on it, if you will.
              8           Q.     And it being significant in the area
              9   of cryptology?
             10           A.     The technical analysis of how CSS
             11   works and its deficiencies is clearly an area of
             12   interest to cryptologists.
             13           Q.     Why?
             14           A.     Because that's how cryptologists and
             15   the security field learn, is from the mistakes of
             16   others.
             17           Q.     Can you tell me something more about
             18   that?
             19                  MR. GOLD:  I object to the form.
             20           A.     It is a well-known -- fact isn't the
             21   right word.
             22                  It is a well-known saying or
             23   axiom -- probably not the right word either -- in
             24   the security industry that cryptographic algorithms
             25   that are not publicly reviewed have historically

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              1                         Schumann
              2   proven to be weak.
              3           Q.     Why is that?
              4           A.     Because there is no opportunity for
              5   a larger community to review and analyze those
              6   algorithms.
              7                  MR. GARBUS:  Let's take a
              8           two-minute break.
              9                  (Recess taken.)
             10   BY MR. GARBUS:
             11           Q.     What is the value of having a larger
             12   community review codes for encryption materials?
             13           A.     In the encryption field, you get a
             14   larger group of people who can review the
             15   algorithms and the mechanisms employed.
             16           Q.     Do you read academic journals
             17   relating to cryptography?
             18           A.     Yes.
             19           Q.     What academic journals do you mean?
             20           A.     I read some of the ACM journals on
             21   communications and the occasional IEEE journal.
             22           Q.     Tell me something about the ACM
             23   journal.  What is that?
             24           A.     They tend to be very -- they are
             25   very scholarly-oriented journals, typically dealing

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              1                         Schumann
              2   with theoretical problems or more theoretical
              3   problems.
              4           Q.     When you say "scholarly," do you
              5   mean this goes to primarily universities?
              6           A.     I think they are read outside the
              7   universities, but they are written in a university
              8   or a -- the papers are typically written in a
              9   university or scholarly fashion.
             10           Q.     By university people?
             11           A.     Sometimes.
             12           Q.     When you say they go outside the
             13   universities, you mean they are in the universities
             14   and then outside or just outside the universities?
             15           A.     These journals have wide
             16   circulations.
             17           Q.     And the ACM is a respected journal?
             18   The most respected in its field?
             19           A.     I believe it has many journals.
             20           Q.     Can you tell me what some of those
             21   journals are?
             22           A.     I don't know.  There are many on
             23   different topics, on multi-process source, on
             24   communications, on software development, and a slew
             25   of others.

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              1                         Schumann
              2           Q.     How long has ACM been around?
              3           A.     I don't know exactly.  It's
              4   definitely one of the most respected associations
              5   in the computer field.
              6           Q.     Does the name Barbara Simons mean
              7   anything to you?
              8           A.     Only in relation to her affidavit.
              9           Q.     Had you ever heard of her before?
             10           A.     Not that struck me in particular.
             11           Q.     Getting back to Stevenson --
             12                  Have you seen Barbara Simmons
             13   statement that they intend to publish an article on
             14   DeCSS and --
             15           A.     I'm sorry.  Whose statement?
             16           Q.     Did you see Barbara.  I'm sorry I
             17   have the name wrong.
             18                  Did you see Frank Stevenson's
             19   statement that he intends to public an article?
             20           A.     If it's in his affidavit, then yes,
             21   I saw that statement.
             22           Q.     And that any article analyzing the
             23   DeCSS source code would in necessity have to
             24   include the code itself?
             25           A.     It would certainly include portions

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              1                         Schumann
              2   of the code.
              3           Q.     But you could see the value of
              4   including the entire code?
              5           A.     Not necessarily.
              6           Q.     In your judgment, in order to make
              7   the article meaningful, would you tell someone like
              8   Stevenson you can publish 50 percent of the code?
              9   20 percent of the code?
             10           A.     It would be simplistic to put it in
             11   such a form.
             12           Q.     Can you give me a further response?
             13                  MR. GOLD:  Objection to the form.
             14           Q.     It would be inappropriate to tell
             15   him.  Is that what you are saying, that you can use
             16   X percent or Y percent?
             17           A.     Yes.
             18           Q.     And it would be inappropriate to
             19   tell Barbara Simons or the ACM that you should
             20   either take 50 percent or 20 percent or 80 percent?
             21   It would be their judgment as to what is necessary
             22   for the article; is that right?
             23           A.     That would appear to be reasonable,
             24   in my understanding.
             25   RL      Q.     You don't presume to know more than

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              1                         Schumann
              2   Mr. Stevenson about cryptography and what ought to
              3   be in articles that are written?
              4                  MR. GOLD:  Objection to the form
              5           of the question.  Read the question back,
              6           please.
              7                  (Record read.)
              8   DI             MR. GOLD:  I direct the witness not
              9           to answer it.  I find it offensive.  If you
             10           want to take me up on it, go ahead.
             11           Q.     He says that DVDs have been playable
             12   on Linux machines since October 1999.
             13                  Do you know whether that is true or
             14   not?
             15           A.     The development logs talked about
             16   people playing movies even prior to that date, I
             17   believe.
             18           Q.     Before DeCSS?
             19           A.     That's correct.
             20           Q.     Do you know what the relationship is
             21   of DeCSS to the possibility of playing DVDs more
             22   effectively on Linux machines?
             23                  MR. GOLD:  Read that back.
             24                  (Record read.)
             25                  MR. GOLD:  Is that a question that

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              1                         Schumann
              2           is understandable to you?
              3                  THE WITNESS:  I don't understand
              4           exactly.
              5           Q.     Do you know what a DOD's stripper
              6   is?
              7           A.     DOD's Ripper?
              8           Q.     Yes.
              9                  MR. GOLD:  Which one?  Ripper or
             10           stripper?
             11                  MR. GARBUS:  Ripper.
             12           A.     You are referring to the program
             13   called DOD's Ripper?
             14           Q.     Yes.
             15           A.     I have heard of that program, yes.
             16           Q.     That predates DeCSS?
             17           A.     I believe it did, yes.
             18           Q.     By how long?
             19           A.     Perhaps several months, if memory
             20   recalls.
             21           Q.     So the DOD's Ripper was the first
             22   utility that permitted the decryption of CSS?
             23           A.     I don't know if that is the way that
             24   functioned.
             25           Q.     You don't know one way or the other?

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              1                         Schumann
              2           A.     (No response.)
              3           Q.     Do you know what I mean when I use
              4   the word "utility"?
              5           A.     I understand.
              6           Q.     What do you understand it to mean?
              7           A.     Utility is a tool.
              8           Q.     Do you know what a Power Ripper is?
              9           A.     It is another tool.
             10           Q.     What does that enable the user to do
             11   relative to DVDs?
             12           A.     To my understanding, it allowed the
             13   storing of a stream being played back using, I
             14   believe it was, a particular DVD player, software.
             15           Q.     When was Power Ripper first made
             16   available?
             17           A.     I believe it was also several months
             18   prior.
             19           Q.     To DeCSS?
             20           A.     Yes.
             21           Q.     Mr. Stevenson further says, and I
             22   think you have agreed to this already, "To date --"
             23   and the date of his affidavit is April 27th
             24   "-- although as explained below, the technology
             25   exists to make either expensive or poor quality

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              1                         Schumann
              2   copies using DeCSS, I see no direct evidence
              3   indicating any commercial piracy using that
              4   utility."
              5                  Do you agree with that?
              6                  MR. GOLD:  That he hasn't seen
              7           any?
              8           Q.     Do you agree with that statement?
              9                  MR. GOLD:  The statement says what
             10           this man has or hasn't seen.
             11           Q.     Have you seen any direct evidence
             12   indicating any commercial piracy?
             13           A.     I'm sorry.  I lost what the question
             14   was.  Are you asking me to comment on what Frank
             15   Stevenson knows or does not know?
             16                  MR. GOLD:  I didn't understand
             17           that to be his question, so I guess -- it
             18           sounded like it, but I don't think that
             19           was his question.
             20                  MR. GARBUS:  We will mark as
             21           Exhibit 3 the Declaration of Matt
             22           Pavlovich.  We will mark as 4 the
             23           Declaration of Chris DiBona.  We will
             24           mark as Exhibit 5 the Declaration of
             25           Frank Stevenson, and we will mark as 6

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              1                         Schumann
              2           the Declaration of David Wagner, and 7
              3           will be Gilmore.
              4                  (Defendants' Exhibit 3, Declaration
              5           of Matt Pavlovich, marked for
              6           identification, as of this date.)
              7                  (Defendants' Exhibit 4, Declaration
              8           of Chris DiBona, marked for identification,
              9           as of this date.)
             10                  (Defendants' Exhibit 5, Declaration
             11           of Frank Stevenson, marked for
             12           identification, as of this date.)
             13                  (Defendants' Exhibit 6, Declaration
             14           of David Wagner, marked for identification,
             15           as of this date.)
             16                  (Defendants' Exhibit 7, Declaration
             17           of Gilmore, marked for identification, as
             18           of this date.)
             19                  MR. GARBUS:  Please mark this as
             20           Exhibit 8.
             21                  (Defendants' Exhibit 8, Declaration
             22           of Bruce Schneier, marked for
             23           identification, as of this date.)
             24   BY MR. GARBUS:
             25           Q.     You previously talked about the

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              1                         Schumann
              2   value to the academic community of information
              3   about encryption or the way CSS works; is that
              4   right?
              5           A.     I think I talked about the value of
              6   encryption algorithms and how they work.
              7           Q.     What did you learn from seeing
              8   DeCSS, if anything?
              9           A.     From DeCSS, the executable, I
             10   learned nothing more than I could make an
             11   unencrypted copy.
             12           Q.     Did it teach you anything that might
             13   help you in the security business?
             14                  MR. GOLD:  Did what teach him?
             15                  MR. GARBUS:  Seeing the way in
             16           which DeCSS was arrived at or how CSS was
             17           structured.
             18           A.     Not to me personally, no.  This is
             19   the source code of DeCSS?
             20           Q.     Or the executable code.
             21           A.     No.  Nothing in particular.
             22           Q.     I address your attention to
             23   Paragraphs 18 and 19 of the DiBona affidavit.
             24           A.     Okay.
             25           Q.     Did you ever do what he has

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              1                         Schumann
              2   described there?
              3           A.     Yes, I have.
              4           Q.     Does it work in the way that he
              5   described it there?
              6           A.     Yes, it does.
              7           Q.     So that means, does it not, that
              8   anybody who is watching a DVD with a computer can
              9   decide to put the material from the DVD onto his
             10   computer unscrambled?
             11           A.     The scrambled material?
             12           Q.     Yes.
             13           A.     Using that mechanism?
             14           Q.     Yes.
             15           A.     Yes.
             16           Q.     Once the computer has it, are there
             17   a variety of ways to unscramble it?
             18           A.     Can you hazard in what sense?
             19           Q.     Does "XING" mean anything to you?
             20           A.     I believe it's a -- XING was a
             21   manufacturer of computer software.
             22           Q.     Do you know the relationship between
             23   XING and the showing of scrambled DVDs?
             24           A.     As different from regular DVDs?
             25           Q.     Yes.

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              1                         Schumann
              2           A.     There is no difference.
              3                  MR. GARBUS:  Can I hear the last
              4           question?
              5                  (Record read.)
              6   BY MR. GARBUS:
              7           Q.     Can you use XING to play the
              8   scrambled files off a hard disk?
              9           A.     I have no knowledge.
             10           Q.     Have you ever tried it?
             11           A.     No.
             12           Q.     Do you know whether you can use
             13   XING, therefore, to show a DVD that has been put
             14   onto the hard disk?
             15           A.     A scrambled DVD?
             16           Q.     Yes.
             17           A.     I have no firsthand knowledge.
             18           Q.     When you say you have no firsthand
             19   knowledge, did you ever have any discussion with
             20   anyone at the MPAA about it?
             21           A.     I have not.
             22           Q.     Do you have any secondhand
             23   knowledge?
             24           A.     I have my technical understanding of
             25   the structures in question.

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              1                         Schumann
              2           Q.     What is your understanding?
              3           A.     That a DVD disk would be required to
              4   play the scrambled content.
              5           Q.     I address your attention to
              6   Paragraph 21, DiBona, which you have in front of
              7   you.  We just looked at 18 and 19.  The last
              8   sentence says --
              9                  MR. GOLD:  Next-to-last paragraph?
             10                  MR. GARBUS:  Last paragraph, last
             11           sentence.
             12           Q.     It says, "It may even be possible to
             13   make a CSS-equipped DVD player run the encrypted
             14   VOB files directly off a hard drive without the
             15   benefit of any assisted software."
             16           A.     You mean -- I guess --
             17                  I don't know what he means by --
             18   this is not definitive enough for me to comment on.
             19           Q.     Look at the beginning of the
             20   paragraph and see if that helps you with your
             21   understanding of the third sentence.
             22           A.     A legal CSS-equipped DVD player, to
             23   my knowledge, would not play crypted VOB files
             24   without the existence of the disk, of a source
             25   disk, DVD.

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              1                         Schumann
              2           Q.     CSS-auth is a way to decrypt DVDs;
              3   is that right?
              4           A.     Not to my knowledge.
              5           Q.     What is it used for?
              6           A.     It is a mechanism for unlocking the
              7   DVD drive.
              8           Q.     How does it do that?
              9           A.     Through a sequence of commands to
             10   the drive firmware.
             11           Q.     What about CSS-cat?
             12                  MR. GOLD:  What is your question?
             13           Q.     How does that function?
             14           A.     I have no knowledge of how CSS-cat
             15   works.
             16           Q.     Do you know what an ATI capture card
             17   is?
             18           A.     I do not.
             19           Q.     You have never heard that term
             20   before?
             21           A.     I have heard of "ATI" and I have
             22   heard the term "capture card," but never together.
             23           Q.     What do the words "capture card"
             24   mean?
             25           A.     Typically used to describe a board

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              1                         Schumann
              2   that captures video or audio.
              3           Q.     Who is ATI?
              4           A.     ATI is a manufacturer of computer
              5   equipment.
              6           Q.     Does ATI make a capture card?
              7           A.     I have no detailed knowledge of
              8   that.
              9           Q.     Do you know whether or not capture
             10   cards could be used to copy DVDs?
             11           A.     To copy DVDs?
             12           Q.     Yes.
             13           A.     In the sense of DeCSS?
             14           Q.     Yes.
             15           A.     No.
             16           Q.     No knowledge?
             17           A.     No, they could not be used.
             18           Q.     Could they do it in a different way?
             19           A.     Potentially, yes.
             20           Q.     How?
             21           A.     They could capture the analog
             22   output.
             23           Q.     How do they do that?
             24           A.     I presume they would take the input
             25   from a video, from a monitor, or from a TV.

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              1                         Schumann
              2           Q.     Do you know whether ATI capture
              3   cards or capture cards have been used to watch
              4   DVDs?
              5           A.     To watch DVDs?
              6           Q.     Yes.
              7           A.     I have no knowledge of the cards, so
              8   I have no idea of how they would be used.
              9           Q.     Do you know who else makes capture
             10   cards besides ATI?
             11           A.     I have no detailed knowledge of that
             12   market.
             13           Q.     I direct your attention to Paragraph
             14   25 of Frank Stevenson's affidavit, line 2 where he
             15   says, "No readily available removable home computer
             16   storage medium can store the amount of data
             17   represented by a full-length feature film."
             18                  MR. GOLD:  You mean line 3,
             19           sentence 2?
             20                  MR. GARBUS:  Yes.
             21           Q.     Do you agree with that?
             22           A.     No.
             23           Q.     Tell me what home storage medium is
             24   available?
             25           A.     I believe and have seen in the past

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              1                         Schumann
              2   that there are a variety of tape drives.
              3           Q.     For example?
              4           A.     I believe my affidavit describes one
              5   and I would have to look for detailed names of
              6   others.
              7           Q.     Are we talking about DAT tapes?
              8           A.     I believe DAT tapes are fairly
              9   expensive.
             10           Q.     Were you just referring to DAT
             11   tapes?
             12           A.     I believe there are other
             13   technologies that are cheaper.
             14           Q.     For example?
             15           A.     Again, I would have to look in
             16   detail.
             17           Q.     Have you ever seen a movie played
             18   from a DAT tape?
             19           A.     Have I ever seen a movie played from
             20   a DAT tape?
             21           Q.     Yes.
             22           A.     No, I have not.
             23           Q.     Do you know if that has been done?
             24           A.     I have no knowledge of that.
             25           Q.     Is there any personal computer in

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              1                         Schumann
              2   the United States or elsewhere that is presently on
              3   sale with a drive that can write to a DVD?
              4           A.     I'm sure they exist.
              5           Q.     Name one.
              6           A.     I know that there are people who
              7   write -- who make DVD offering systems that sell
              8   them on PC's with DVD-R drives already inserted.
              9           Q.     Do you know of any of them?
             10           A.     I don't off the top of my head.
             11           Q.     Do you know what DVD-RW is?
             12           A.     It is a DVD writable disk.
             13           Q.     Can a DVD writable disk be played on
             14   a DVD player?
             15           A.     On some.
             16           Q.     Which ones?
             17           A.     I believe the newer DVD drives will
             18   play those disks.
             19           Q.     Take a look at Paragraph 27.
             20                  MR. GOLD:  Still on Mr. Stevenson?
             21                  MR. GARBUS:  Yes.
             22           Q.     The second sentence.  A movie
             23   consists of how many gigabytes of data?
             24           A.     It depends on the movie.
             25           Q.     Give me the variations.

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              1                         Schumann
              2           A.     It varies widely depending on the
              3   compression algorithm of the content, the length of
              4   the movie, the additional items on the disk.
              5           Q.     Assuming that a movie consists of 4
              6   gigabytes of data, would it take more than 200
              7   hours to transfer a movie via standard 56K modem
              8   connection to the internet?
              9           A.     I haven't done the math.
             10           Q.     Do you know if anybody at the MPAA
             11   has?
             12           A.     I do not, no.  I have no knowledge.
             13           Q.     Have you ever seen any of the math
             14   done by anybody at the MPAA or anyone of the other
             15   seven studios?
             16           A.     I have not.
             17           Q.     Do you know if they ever did the
             18   math?
             19           A.     I have no knowledge.
             20           Q.     Has anyone ever told you that they
             21   did the math?
             22           A.     I have no knowledge.
             23           Q.     We are talking now both the studios
             24   and the MPAA?
             25           A.     That's correct.  I have no

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              1                         Schumann
              2   knowledge.
              3           Q.     Have you ever seen a report -- can
              4   you do that math now as you sit here?
              5           A.     I could.
              6           Q.     Please do it.
              7           A.     Do you have a calculator?  Actually,
              8   I have one here.
              9                  (Witness complied with request.)
             10           A.     How large did you say the file was?
             11                  MR. HERNSTADT:  4 gigabytes,
             12           assume.
             13           A.     Okay.
             14           Q.     What is your answer?
             15           A.     Approximately 160 hours.
             16           Q.     Can you tell us how you arrived at
             17   that computation?
             18           A.     I took 4 gigabytes, multiplied it by
             19   8 to get gigabits, divided that by 56,000 bits per
             20   second.  This is not completely precise, but close
             21   enough, I assume.  I Divided by 56,000 bits per
             22   second, giving me the total number of seconds,
             23   divided that by 3,600, which is the number of
             24   seconds in an hour, to arrive at approximately 160
             25   hours.

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              1                         Schumann
              2           Q.     If it were, let's say, a 6 gigabyte
              3   movie, can you tell me how long that would take?
              4           A.     About one and a half times 158
              5   hours.
              6           Q.     That would be --
              7           A.     225, I guess.
              8           Q.     Do you know the average number on
              9   most movies, DVD movies?
             10           A.     They are, I believe, typically
             11   between 4 and 6 gigabytes.
             12           Q.     Are there any that are 7?
             13           A.     I'm sure there are some.
             14           Q.     Can you give me a rough computation
             15   of how long it would take with a 7 gigabyte of
             16   data?
             17           A.     1.75 times 158.  So, 280 hours,
             18   approximately.
             19           Q.     Directing your attention to
             20   Paragraph 28 of the Stevenson affidavit, I will ask
             21   you whether it is so or not.
             22                  "The tools to copy DVDs are and have
             23   been available since prior to the posting of
             24   DeCSS."  Is that correct?
             25           A.     In what sense of copy?

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              1                         Schumann
              2           Q.     Copy in the sense of copying so that
              3   people can look at the DVDs.  Either the Hong Kong
              4   type or DOD's Ripper or some of the other things we
              5   have mentioned.
              6           A.     There are tools that have existed,
              7   but they have very different end results.
              8           Q.     The next sentence, "There are tools
              9   that compress the DVD to the VCD format, making it
             10   possible to fit a much reduced quality version of
             11   the movie onto two CD roms."
             12                  Isn't that so?
             13           A.     Yes, a portion of the content.
             14           Q.     These disks can be made VCD
             15   compatible and playback may be possible on a VCD or
             16   even DVD players.
             17           A.     I have no personal knowledge of
             18   having seen that.
             19           Q.     Do you know how long it takes to do
             20   that?
             21           A.     I have no knowledge of how long.
             22           Q.     Have you ever heard the term "video
             23   capture card"?
             24           A.     I have.
             25           Q.     That's the same thing as a capture

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              1                         Schumann
              2   card?
              3           A.     I presume.
              4           Q.     Have you ever seen a DVD compressed
              5   to VCD or DivX?
              6           A.     I have not.
              7           Q.     Do you have any idea of the quality
              8   of it?
              9           A.     I do not.
             10           Q.     Has anyone at the MPAA ever
             11   discussed that with you?
             12           A.     No.
             13           Q.     When will the bandwidth backbone be
             14   in place to permit the ordinary consumer to have a
             15   T3 line?
             16           A.     In many locations it already exists.
             17           Q.     Where is that?
             18           A.     Probably every university campus in
             19   the United States and in many foreign countries.
             20           Q.     How many private homes?
             21                  MR. GOLD:  Did you finish your
             22           answer to the question?
             23           A.     And in many corporations, as well.
             24           Q.     Any private consumers?
             25           A.     I imagine there are a few.

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              1                         Schumann
              2           Q.     What is the cost of it right now?
              3           A.     It is very expensive.
              4           Q.     Tell me what that is, to run a T3
              5   line.
              6           A.     I imagine it's thousands of dollars
              7   a month.
              8           Q.     Do you know who runs T3 lines?  What
              9   company does that?
             10           A.     I'm sure there are a variety of
             11   them.
             12           Q.     Other than corporations, do you know
             13   any individual consumers that have T3 lines?
             14           A.     I'm not personally aware of any, no.
             15           Q.     We used the term before that the
             16   security system of CSS is a weak one.  Can you tell
             17   me what that word means in reference to this
             18   system?
             19           A.     Who had used that term?
             20                  MR. GOLD:  I don't understand the
             21           question.
             22                  MR. GARBUS:  Mr. Stevenson.
             23                  MR. GOLD:  Do you want to read
             24           that from the quote that you got that
             25           from?

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              1                         Schumann
              2           Q.     In your opinion, is the CSS a weak
              3   system?
              4           A.     In what sense?
              5           Q.     Breakable.  Easily breakable.
              6           A.     To an average computer user?  To an
              7   average user?
              8           Q.     You tell me.  You break it down.  In
              9   other words, to someone who is, let's say,
             10   knowledgeable in cryptography.
             11           A.     To a small set of, I believe, highly
             12   experienced cryptologists, in hindsight, it is not
             13   the strongest algorithm.
             14           Q.     When you say it is not the
             15   strongest, don't you mean it is very weak?
             16           A.     Relative to what?
             17           Q.     You said, strongest relative to
             18   what.
             19                  MR. GOLD:  What is your question
             20           now?
             21           Q.     Does the name Jon Johansen mean
             22   anything to you?
             23           A.     Yes, it does.
             24           Q.     Who is he?
             25           A.     He is, apparently, a teenager in

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              1                         Schumann
              2   Norway.
              3           Q.     Do you know anything about his
              4   educational background?
              5           A.     I have no specific knowledge.
              6           Q.     Do you know whether he ever took a
              7   computer course in his life?
              8           A.     I have no idea.
              9           Q.     Do you have any reason to believe
             10   that he has any particular technical skill?
             11           A.     I have no knowledge one way or
             12   another.
             13           Q.     Do you know any other individuals in
             14   MORE?
             15           A.     I am not aware of any other
             16   individuals.
             17           Q.     Do you know the process by which
             18   Johansen and the other MORE people discussed CSS
             19   and the development of DeCSS?
             20                  MR. GOLD:  What do you mean by
             21           "process" or "discussed"?  Do you mean by
             22           e-mail or letter?  You mean how they
             23           communicated their knowledge to each
             24           other?
             25                  MR. GARBUS:  Yes.

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              1                         Schumann
              2           A.     It is my understanding, from items I
              3   have seen attributed to Jon Johansen, that they, I
              4   guess, used e-mail and I don't know what else, but
              5   I assume e-mail.
              6           Q.     Did you ever see any of that e-mail?
              7           A.     I did not.
              8           Q.     Do you know if any of that e-mail
              9   refers to the Linux system?
             10           A.     I have no knowledge.
             11           Q.     Do you know of any relationship
             12   between MORE, Johansen and the Livid system or the
             13   Livid Group?
             14                  MR. GOLD:  Do you mean do they
             15           know each other, the people in these
             16           groups?
             17                  MR. GARBUS:  I am asking whether
             18           he knows.
             19                  MR. GOLD:  Whether he knows that
             20           they knew each other?
             21                  MR. GARBUS:  And were working
             22           together.
             23           A.     And were working together?
             24           Q.     Let's start with know each other.
             25           A.     Know each other in what sense?

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              1                         Schumann
              2           Q.     Talking to each other on e-mail.
              3           A.     I believe there was some amount of
              4   discussion on e-mail with some members of the Livid
              5   Group.
              6           Q.     With Johansen and the other members
              7   of MORE?
              8           A.     In the materials I reviewed.  No.
              9   Just Johansen.
             10           Q.     This was before he broke the DeCSS,
             11   the news of DeCSS, or after?
             12           A.     I believe it was right around the
             13   period of the actual delivery of DeCSS.
             14           Q.     So you don't know whether or not the
             15   Livid people knew about DeCSS before the general
             16   public did or if they learned about it at the same
             17   time?
             18           A.     I know that one member, at least
             19   according to development logs, one member of the
             20   Livid Group had access to the DeCSS prior to the
             21   general release.
             22           Q.     Were there any Livid members who
             23   were also members of MORE?
             24           A.     Not to my knowledge.
             25           Q.     How long prior to the release of the

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              1                         Schumann
              2   information to the general public did the Livid
              3   Group know about it?
              4           A.     What do you mean by Livid Group?
              5           Q.     You mentioned a member.
              6           A.     Yes.  A single individual had
              7   access.  I don't recall.  I believe it was several
              8   weeks prior to the general public.
              9           Q.     Do you know where that single
             10   individual lived?
             11           A.     Apparently, he lived in England.
             12           Q.     Was there also a member of the MORE
             13   group who lived in Holland who was a member of the
             14   Livid Group?
             15           A.     I have no knowledge of that.
             16           Q.     The person who lived in England who
             17   was a member of the Livid Group, do you know what
             18   work he did with Johansen on developing DVD CSS?
             19           A.     I don't believe he did any work with
             20   Johansen.
             21           Q.     How did he come to know about the
             22   DeCSS before it was released to the public?
             23           A.     It was my understanding, based on
             24   the logs that Johansen sent the materials to this
             25   member, I believe, unsolicited.

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              1                         Schumann
              2           Q.     When Johansen sent it, is it your
              3   understanding that he knew that this person was a
              4   member of the Livid Group?
              5           A.     Yes, I believe he knew that.
              6           Q.     Have you seen the correspondence
              7   between Johansen and this person in England?
              8           A.     Only the public documents in the
              9   development.
             10           Q.     You have no particular understanding
             11   as to why, from the reading of any documents that
             12   you have done, why Johansen sent it three weeks
             13   before to a Livid member?
             14           A.     I have no understanding of why and
             15   only some discussions as to that would point to why
             16   not.
             17           Q.     Why not what?
             18           A.     That would seem to indicate Johansen
             19   did not particularly like the Linux Group.
             20           Q.     What is the basis for that view?
             21           A.     Public statements by John Johansen
             22   in the Linux development logs.
             23           Q.     When you say the "Linux development
             24   logs," we are talking about excerpts of which you
             25   have back in your office that are about 3 and a

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              1                         Schumann
              2   half inches?
              3           A.     Yes.  Some excerpts of which are in
              4   my affidavit.
              5                  MR. GOLD:  Let's take a short
              6           break.
              7                  (Recess taken.)
              8   BY MR. GARBUS:
              9           Q.     Did you ever try to transmit on the
             10   internet VCDs?
             11           A.     Have I ever tried?
             12           Q.     Yes.
             13           A.     No.
             14           Q.     Have you ever tried to transmit on
             15   the internet DivX?
             16           A.     DivX, the program?  Can you give me
             17   more detail?
             18           Q.     The movies.
             19                  MR. GOLD:  DivX, the movie?
             20           A.     A movie compressed with DivX?
             21           Q.     Yes.
             22           A.     No.
             23           Q.     Have you ever tried to transmit on
             24   the internet a DVD?
             25           A.     No.

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              1                         Schumann
              2           Q.     Do you know anyone who has ever
              3   tried to transmit any of those, VCDs, DivX, or
              4   DVDs, including downloading?
              5           A.     Do I know them personally?
              6           Q.     Yes.
              7           A.     Not personally.
              8           Q.     Do you know if it has ever been
              9   done?
             10           A.     I presume it has.
             11           Q.     When you say you presume, have you
             12   ever seen manifestations of it?
             13           A.     I have never personally seen
             14   manifestations of it, but I have seen it talked
             15   about on a variety of sites.
             16           Q.     You have never seen it done itself.
             17   You have just seen people talking about doing it or
             18   having it done; is that right?
             19           A.     That's correct.
             20           Q.     Has anyone at the MPAA ever told you
             21   it has ever been done?
             22           A.     No.
             23           Q.     Before you were talking about the
             24   advantage of distributing information about codes.
             25   What does the term "proprietary algorithm" mean?

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              1                         Schumann
              2           A.     What does the term "proprietary
              3   algorithm" mean?
              4           Q.     Right.
              5           A.     I guess an algorithm owned, I guess
              6   controlled by a personal entity, a noncontrolled
              7   algorithm.
              8           Q.     Miss Simon, Barbara Simon, uses the
              9   term that "CSS is amazingly weak."
             10                  Now, tell me on a scale of 1 to 10,
             11   where you would put the strength of CSS as a
             12   security code.
             13                  MR. GOLD:  I object to the
             14           question.  I don't think that it is
             15           answerable, unless you want to give about
             16           ten minutes of definition.
             17           Q.     You said that it is a strong code;
             18   is that right?
             19           A.     Compared to some other things, yes.
             20           Q.     Compared to what?
             21           A.     Compared to a variety of simpler
             22   scrambling algorithms.
             23           Q.     For example?
             24           A.     For example, I mean there is a long
             25   history of much weaker protection mechanisms used

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              1                         Schumann
              2   both commercially and in academia.
              3           Q.     Ms. Simon says CSS uses only a
              4   40-bit key, a length known to be breakable in a few
              5   minutes.  Do you know whether that is true or
              6   false?
              7           A.     That depends entirely on the
              8   algorithm.
              9           Q.     Do you know how long it took
             10   Johansen to break the code?
             11           A.     I have no knowledge that Johansen
             12   broke the code.
             13           Q.     Do you know how long it took the
             14   MORE group to come up with DeCSS?
             15           A.     I have no knowledge.
             16           Q.     Do you know if it took them ten
             17   minutes?  Three days?
             18           A.     I have no knowledge.
             19           Q.     So you have no knowledge whether it
             20   took a few minutes or a few days, or a few hours?
             21           A.     It may have taken three years.  I
             22   have no --
             23           Q.     To your knowledge, does anyone at
             24   the MPAA know how long it took to come up with
             25   DeCSS?

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              1                         Schumann
              2           A.     I have no knowledge.
              3           Q.     Do you know if there are any files
              4   at the MPAA that has that information?
              5           A.     I have no knowledge.
              6   RQ             MR. GARBUS:  Mr. Gold, there have
              7           been a number of questions that I have
              8           asked about information at the MPAA or any
              9           of the other plaintiffs, other than Time
             10           Warner, where he says he has no knowledge.
             11           I would ask you to produce any files and
             12           documents from either the plaintiffs, other
             13           than Time Warner or the MPAA, that relate
             14           to those inquiries.
             15                  MR. GOLD:  I think that you said
             16           you would have a list for me by the end
             17           of the day today or this evening.
             18                  MR. HERNSTADT:  Of?
             19                  MR. GOLD:  Of all the documents
             20           that you have asked for that I have taken
             21           under advisement.
             22                  MR. HERNSTADT:  Sometime today,
             23           after you leave.
             24                  MR. GARBUS:  There have been many
             25           instances where I have just asked him

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              1                         Schumann
              2           questions and he said, "I don't know if
              3           there is a file," I haven't gone through
              4           the rhythm each time of saying, "Will you
              5           produce it?" and you say that you will
              6           take it under advisement.
              7                  MR. GOLD:  You asked me if there
              8           is a file.  Put that on the list.  In
              9           other words, put on the list all the
             10           things that he asked is there a file on
             11           X, Y, Z at MPAA, tell me what files you
             12           have asked for, and I will try by
             13           tomorrow late and get you a response.  If
             14           I have it, I will produce it.
             15                  MR. HERNSTADT:  Off the record.
             16                  (Discussion off the record.)
             17   BY MR. GARBUS:
             18           Q.     Did you ever see Johansen's
             19   statement as follows: "The end of September last
             20   year I got in contact with a German computer
             21   programmer and a Dutch computer programmer and we
             22   decided it was time to add DVD support to Linux"?
             23                  Did you ever see that statement?
             24           A.     It is, I believe in his affidavit he
             25   makes that statement.

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              1                         Schumann
              2                  MR. GOLD:  Who is "his"?
              3           A.     This is Johansen.
              4           Q.     Yes.  So that you understand,
              5   Johansen is taking the position that he did this in
              6   order to add DVD support to --
              7                  MR. GOLD:  You are saying in the
              8           Johansen Declaration?
              9           Q.     Have you ever seen a statement made
             10   by Johansen that he decided that it was time to add
             11   DVD support to Linux, that was why DeCSS was done
             12   and why it was sent to Linux?
             13                  MR. GOLD:  The question is whether
             14           you have ever seen that statement
             15           attributing that remark to Johansen.
             16           A.     In the Declaration I saw that
             17   statement.  Johansen.  Is this in Johansen's
             18   Declaration?
             19           Q.     No.  You are talking about Chris
             20   DiBona.  You have never seen the Johansen
             21   Declaration.  I think you made a mistake.
             22           A.     That's why I asked.  You are
             23   referring to the interview in the DiBona
             24   Declaration?
             25           Q.     Yes.  And you saw that?

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              1                         Schumann
              2           A.     And I saw that interview, yes.
              3           Q.     Do you have any reason to believe
              4   that that is not an accurate interview of Johansen?
              5           A.     It does not appear to me to
              6   correlate with other statements attributed to
              7   Johansen in the DVD development logs.
              8           Q.     Do you see where that statement
              9   comes from?  Do you see the source of it?  CNN.
             10           A.     Yes.
             11           Q.     Do you have any reason to believe
             12   that CNN was published in an interview that was in
             13   any way false?
             14                  MR. GOLD:  Are you asking if he
             15           has any reason to believe one way or the
             16           other?
             17                  MR. GARBUS:  Yes.
             18           A.     I have no reason to believe one way
             19   or the other.
             20           Q.     Have you seen any other statements
             21   that Johansen has made, other than in a CNN
             22   interview where he talks about DeCSS being created
             23   specifically for the purpose of adding DVD support
             24   to Linux?
             25           A.     Nothing specific I can recall.

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              1                         Schumann
              2           Q.     You didn't see that in any of the 3
              3   and a half inches of material that you had?
              4           A.     No.
              5           Q.     What is your best recollection of
              6   the date that you got the downloads from MPAA?
              7           A.     I received the materials in late
              8   November.
              9           Q.     Have you seen any public statements
             10   made by Johansen since then?
             11           A.     I have --
             12                  MR. GOLD:  You are implying that
             13           there was some public statement made by
             14           Johansen.  The witness only said he read
             15           something in CNN and some CNN person
             16           apparently said something about what
             17           Johansen said.
             18                  MR. GARBUS:  No.
             19                  MR. GOLD:  What no?
             20                  MR. GARBUS:  It is an interview.
             21           So, it is allegedly what Johansen said.
             22                  MR. GOLD:  Well, CNN says it is
             23           what Johansen said.  That's all he said.
             24   BY MR. GARBUS:
             25           Q.     Have you seen in any media since

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              1                         Schumann
              2   December 1, 1999, any statements allegedly made by
              3   Johansen to the press indicating that DeCSS was
              4   created for the Livid system?
              5           A.     I don't recall seeing any specific
              6   comment to that effect.
              7           Q.     Did you see any comments to the
              8   contrary?
              9           A.     I don't remember specifically seeing
             10   any comments to the contrary either.
             11           Q.     So to the best of your recollection,
             12   your judgments or your views about Johansen's
             13   motivations are totally informed by the material
             14   that MPAA gave you in early December?
             15           A.     By the content of the development
             16   logs, that's correct.
             17           Q.     And you don't know what they
             18   withheld from you; do you?  Or didn't give you?
             19                  MR. GOLD:  Are you suggesting --
             20                  MR. GARBUS:  No, no.  Absolutely
             21           not.
             22                  MR. GOLD:  Well, what is the
             23           question?
             24           Q.     Do you know what information they
             25   downloaded that they did not give you?

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              1                         Schumann
              2                  MR. GOLD:  If any.
              3                  MR. GARBUS:  If any.
              4           A.     I am hard pressed to know a
              5   negative.
              6           Q.     Did you ever ask if there were any
              7   more logs that they downloaded?
              8           A.     I did not.
              9           Q.     So you don't know, as you sit here
             10   today, how many logs they downloaded?
             11                  MR. GOLD:  Other than what he
             12           received?
             13                  MR. GARBUS:  Right.
             14                  MR. GOLD:  Which he has testified
             15           to.
             16                  MR. GARBUS:  Right.
             17                  MR. GOLD:  What else are you
             18           asking?  Then I don't understand the
             19           question.  Wait a minute.  He has
             20           testified --
             21                  MR. GARBUS:  Read back the
             22           question.
             23                  (Record read.)
             24                  MR. GOLD:  That's not -- he has
             25           testified that he received logs from them

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              1                         Schumann
              2           and he thinks he still has them.
              3                  MR. GARBUS:  Right.
              4                  MR. GOLD:  Those are the logs he
              5           got.  Now I am not understanding -- and
              6           he knows that they downloaded those logs.
              7                  MR. GARBUS:  They may have
              8           downloaded 100 logs and sent him 30.  I
              9           am asking, as I understand it, what is in
             10           those logs and he doesn't know whether or
             11           not --
             12                  MR. GOLD:  What is in what logs?
             13           The logs he never got?
             14                  MR. GARBUS:  He doesn't know
             15           whether or not -- let me see if we can
             16           have an understanding.
             17                  He doesn't know whether or not
             18           of the 3 and a half inches of logs that
             19           he got, he doesn't know A, whether or
             20           not the MPAA downloaded more logs or
             21           not and B, you don't know whether or
             22           not the MPAA saw on the internet more
             23           than the logs they downloaded.  Is that
             24           correct?
             25                  MR. GOLD:  It is correct, because

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              1                         Schumann
              2           he already testified to that.
              3                  MR. GARBUS:  I haven't asked him
              4           about some of that yet.
              5                  MR. GOLD:  I think you did.
              6           Q.     All of the entries that made you
              7   think that DeCSS is not Livid related are the ones
              8   that are attached to your Declaration or are there
              9   others?
             10           A.     I offhand don't know, can't answer
             11   that completely.
             12           Q.     Did you select the documents to be
             13   annexed to your Declaration?  Did you pull them out
             14   of the 3 and a half inches?
             15           A.     I did.
             16           Q.     So you made that selection process?
             17           A.     I selected some, yes.
             18           Q.     And the reason for the selection was
             19   precisely to show or to support the claim, as I
             20   understand it, that what he did was not for Livid?
             21           A.     They were illustrative selections,
             22   yes.
             23           Q.     When you say "illustrative," were
             24   there other selections?
             25           A.     I said illustrative in the sense

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              1                         Schumann
              2   that it was not an attempt to make a complete
              3   selection of all materials that might be relevant,
              4   but to select specific exemplary or -- examples.
              5           Q.     Have you read the Marcia King
              6   affidavit before you came here today?
              7           A.     I'm sorry.  Can you tell me more
              8   about her?  I'm sure I did.  I need a better
              9   description than a name.
             10           Q.     Marcia King submitted an affidavit.
             11   Marcia King is an employee of Time Warner.
             12                  MR. GARBUS:  So if you object to
             13           my asking questions that relate to that
             14           affidavit, I will not, at this time, ask
             15           further questions.
             16                  MR. GOLD:  Yes.  Time Warner does
             17           object.
             18   BY MR. GARBUS:
             19           Q.     Do you know what information MPAA
             20   downloaded prior to contacting you on DeCSS, if
             21   anything?
             22           A.     No.  I have no knowledge.
             23   RQ             MR. GARBUS:  Mr. Gold, I would ask
             24           you to produce all documents that MPAA has
             25           relating to its knowledge of DeCSS or

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                                                                 185
              1                         Schumann
              2           material related to DeCSS or that any of
              3           the plaintiff companies have, other than
              4           Time Warner.
              5                  MR. GOLD:  I will take it under
              6           advisement and as I stated before, the
              7           procedure that I will use, I am going to
              8           study your list and get back to you as
              9           soon as I can with a response as to
             10           whether we will deliver it or whether we
             11           have some objection.
             12   BY MR. GARBUS:
             13           Q.     You have been in the security
             14   business for how long?
             15           A.     I have been involved with security
             16   for about five years now.
             17           Q.     In this situation, it is your sense
             18   you did an examination of the links and hyperlinks
             19   in your second affidavit, which we haven't gotten
             20   to, but tell me just in general, before we go into
             21   it at great length, how many different links it was
             22   on, DeCSS, in total.
             23           A.     Links?  From what to where?  I'm
             24   sorry.
             25           Q.     How many different sites had DeCSS

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              1                         Schumann
              2   on it?
              3                  MR. GOLD:  You mean posted DeCSS?
              4                  MR. GARBUS:  Yes.
              5                  MR. GOLD:  As of what period of
              6           time?
              7                  MR. GARBUS:  Let's say as of
              8           December 1st.
              9           A.     I have no way of knowing a number.
             10           Q.     How about January 1st?
             11           A.     Again, I have no way of knowing.
             12           Q.     More or less than 2,000?
             13           A.     I have no idea.
             14   RL      Q.     Did you ever make an investigation
             15   of which links outside the United States -- which
             16   sites outside of the United States have posted
             17   DeCSS?
             18                  MR. GOLD:  Hold on just a second.
             19                  (Discussion off the record.)
             20   DI             MR. GOLD:  This was a subject
             21           specifically referenced as one of the
             22           subjects that Mr. Jacobson would be made
             23           available to testify about.  So that any
             24           testimony on it isn't going to be binding
             25           on anyone anyway.  So, I think maybe you

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              1                         Schumann
              2           should save some time.
              3                  MR. GARBUS:  I object to that.
              4           The witness has an affidavit.  I can ask
              5           questions about it.
              6                  MR. GOLD:  You can ask questions
              7           about it, but did he say how many people
              8           did or didn't post or link?
              9                  MR. GARBUS:  Can I ask my
             10           questions?
             11                  MR. GOLD:  No, because I think it
             12           relates to an area that he hasn't been
             13           designated for and to an area that
             14           someone else has been designated for.
             15                  MR. GARBUS:  As I understand it,
             16           based on your letter to me of May 10th,
             17           it says, "Schumann will testify about
             18           linking and hyperlinking."
             19                  MR. GOLD:  And he has been.
             20                  MR. GARBUS:  He has not.
             21                  MR. GOLD:  He testified to a lot
             22           of --
             23                  MR. GARBUS:  We disagree.  We will
             24           get a ruling on it.
             25                  MR. GOLD:  What you won't do is

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              1                         Schumann
              2           interrupt me.  So if you will hold your
              3           horses and your fire for just a few
              4           seconds, I will finish.
              5                  Ken Jacobson was identified as a
              6           witness, designated by all plaintiffs,
              7           other than Time Warner, and designated
              8           by the MPAA as a witness who will
              9           testify in the subject area as to the
             10           persons or entities posting or linking
             11           to DeCSS, and that's what he will do.
             12                  MR. GARBUS:  We have a
             13           disagreement.  I am talking about
             14           posting, I am talking about linking, I am
             15           talking about hyperlinking.  It's exactly
             16           what this witness is supposed to testify
             17           about.
             18                  MR. GOLD:  Do you want to waive
             19           your deposition of Mr. Jacobson?
             20                  MR. GARBUS:  Absolutely not.  We
             21           will get a ruling.
             22                  MR. GOLD:  Do whatever.  You have
             23           gotten a lot of rulings.
             24   BY MR. GARBUS:
             25   RL      Q.     With respect to linking -- first of

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              1                         Schumann
              2   all, with respect to posting, do you know, let's
              3   say as of December 1st, how many sites had posted
              4   DeCSS?
              5                  MR. GOLD:  Same objection.
              6                  MR. GARBUS:  Let me ask about ten
              7           questions and you will object and you
              8           will have a record.
              9   DI             MR. GOLD:  I object on this one on
             10           the grounds that no plaintiff can be bound
             11           by it and that another person has been
             12           identified to testify on that subject.
             13           Q.     With respect to linking, I presume
             14   Mr. Gold will make the same objection.  We can just
             15   save some time for December 1st, January 1st,
             16   February 1st, and April 1st; is that right?
             17                  MR. GOLD:  You have asked him a
             18           question?
             19                  MR. GARBUS:  Yes.
             20                  MR. GOLD:  I don't want to talk to
             21           him between a question and an answer,
             22           although I am not aware of the question.
             23                  MR. GARBUS:  Read it to him.
             24                  (Record read.)
             25                  MR. GOLD:  The witness -- there is

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              1                         Schumann
              2           no point in setting up disputes to bother
              3           the judge with when, in fact -- I have
              4           just been advised that the witness
              5           doesn't know anything about this subject.
              6           So, you want to ask him again?  This is
              7           the subject of how many people posted or
              8           linked to a posting on any given date.
              9                  MR. GARBUS:  Or hyperlinked.
             10                  MR. GOLD:  Or hyperlinked.  You
             11           don't know that, how many people?
             12                  THE WITNESS:  In the world?
             13   BY MR. GARBUS:
             14           Q.     Let's start with the United States.
             15           A.     No, I have no way of knowing.
             16           Q.     Did you ever have any conversation
             17   with anyone at the MPAA as to their view of the
             18   number of individuals, viewers who saw or know the
             19   DeCSS code on any given date?
             20                  MR. GOLD:  Answer that "yes" or
             21           "no."
             22           A.     No.
             23           Q.     Do you have any knowledge of how
             24   many people knew at one time or another of the
             25   DeCSS code?

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              1                         Schumann
              2           A.     No.
              3           Q.     Do you know how many viewers went to
              4   any of the sites that either posted, linked, or
              5   hyperlinked to sites that had the DeCSS code?
              6           A.     No.
              7           Q.     Do you know if the number of people
              8   is more or less than 2 million?
              9           A.     I do not know.
             10           Q.     Do you know if there were any
             11   downloads?  In other words, can you tell if a user
             12   of a computer, such as myself, if I want to print
             13   out something, can you tell what I have chosen to
             14   print out or not print out?
             15           A.     From -- with what knowledge?
             16           Q.     In other words, is there any way
             17   that, to your knowledge, the MPAA has made any
             18   estimate of the number of people who have printed
             19   out DeCSS?
             20                  MR. GOLD:  I think the question
             21           is:  "Do you know if the MPAA has made
             22           any estimate of the number of people who
             23           have printed out DeCSS"?  If you can,
             24           answer that question.
             25                  Did I get your question right?

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              1                         Schumann
              2                  MR. GARBUS:  Yes.
              3           A.     No, I have no knowledge.
              4           Q.     And your answer would be the same
              5   with respect to the other seven plaintiffs?
              6           A.     That's correct.
              7           Q.     Do you know that there are T-shirts
              8   that have "DeCSS" on it?
              9           A.     I know there are T-shirts that have
             10   a portion of the DeCSS code on them.
             11           Q.     Is that portion of the code
             12   sufficient with the use of crypto analysis to
             13   finish out the code and get the rest of the code?
             14                  MR. GOLD:  Read it back.
             15                  (Record read.)
             16           A.     I'm sorry.  Is that code --
             17                  MR. GARBUS:  Withdraw it.
             18           Q.     Do you know how many websites posted
             19   DeCSS on November 1st?
             20                  MR. GOLD:  Answer "yes" or "no."
             21           A.     No.
             22           Q.     Just to save time, I assume that you
             23   don't know, and tell me if that is true, with
             24   respect to posting, linking, hyperlinking, and with
             25   respect to any particular date that I ask you, that

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                                                                 193
              1                         Schumann
              2   you don't know how many sites there were that were
              3   either posting, linking, or hyperlinking with
              4   DeCSS; is that right?
              5           A.     That's correct.
              6           Q.     Do you know if anyone at the MPAA
              7   knows?
              8           A.     I have no knowledge of that.
              9           Q.     Did anyone at the MPAA ever tell you
             10   they did know?
             11                  MR. GOLD:  Just "yes" or "no."
             12           A.     No.
             13           Q.     Did you see Mr. Boyden's affidavit
             14   in this case?
             15           A.     Can you refresh my memory?  A name
             16   alone is not good for my memory.
             17                  MR. GARBUS:  Let's mark this as
             18           the next exhibits, Exhibit 9.
             19                  (Defendants' Exhibit 9, Declaration
             20           of Bruce E. Boyden, marked for
             21           identification, as of this date.)
             22   BY MR. GARBUS:
             23           Q.     Have you ever read that affidavit?
             24           A.     I don't believe I have ever read it.
             25           Q.     Let me show you Defendants' Exhibit

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                                                                 194
              1                         Schumann
              2   7.  By the way, did anybody at the MPAA ever tell
              3   you that they were visiting websites in January,
              4   February, and March to determine where DeCSS was
              5   posted?
              6           A.     MPAA?
              7           Q.     Yes.  Or anybody on their behalf.
              8           A.     Yes.
              9           Q.     Who did it?
             10           A.     Someone at the Proskauer firm.
             11           Q.     Do you know if anybody at the MPAA
             12   did it in addition to the Proskauer firm?
             13                  MR. GOLD:  Yes or no?
             14           A.     No, I have no knowledge.
             15           Q.     Do you know whether or not since
             16   they did it at the Proskauer firm, as sets forth in
             17   the Boyden affidavit of January 13th, whether
             18   anyone has done it at the MPAA since?
             19                  MR. GOLD:  Only if they are
             20           employed by MPAA?  Is that what you are
             21           asking?
             22                  MR. GARBUS:  Yes.
             23           A.     Whether I have any knowledge if
             24   anyone at the MPAA has looked at websites since
             25   Boyden's --

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              1                         Schumann
              2           Q.     Yes.
              3           A.     No, I have no knowledge.
              4           Q.     With respect to John Gillmore's
              5   affidavit, which you have in front of you, which is
              6   Exhibit 7, have you read Mr. Gilmore's affidavit?
              7           A.     I have.
              8           Q.     Had you heard of Mr. Gilmore prior
              9   to this litigation?
             10           A.     Not in any specific way.
             11           Q.     Do you know who Sun Micro Systems
             12   is?
             13           A.     I do.
             14           Q.     Do you know of his involvement
             15   there?
             16           A.     Only from what I read in his
             17   affidavit.
             18           Q.     By the way, do you know what Corel
             19   is?
             20           A.     C-O-R-E-L?
             21           Q.     Yes.
             22           A.     Yes.
             23           Q.     What is it?
             24           A.     It is a company out of Canada
             25   somewhere.  Montreal maybe.

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                                                                 196
              1                         Schumann
              2           Q.     What does it do?
              3           A.     They are a developer of software.
              4           Q.     Do you know what Redhat is?
              5           A.     Yes.
              6           Q.     What is that?
              7           A.     It is a company that sells Linux
              8   versions.
              9           Q.     What does Corel sell or develop?
             10           A.     A variety of software.
             11           Q.     Either related to Linux?
             12           A.     Yes.  I believe they have a version
             13   of Linux.
             14           Q.     When you say they have a version of
             15   Linux, can you tell me something more about that?
             16                  MR. GOLD:  Objection to the form.
             17           A.     (No response.)
             18           Q.     When you say they have a version of
             19   Linux, what does that mean?
             20           A.     It means they sell a particular
             21   variation or release of Linux.
             22           Q.     Do you know what Cynga Support was?
             23           A.     I'm not familiar with that to any
             24   degree.
             25           Q.     Did you ever hear of the term "Cyber

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                                                                 197
              1                         Schumann
              2   Punks"?
              3           A.     I have not.  Not prior to reading
              4   the affidavit.
              5           Q.     Have you ever read any articles
              6   about Mr. Gilmore?
              7           A.     No.
              8           Q.     Have you ever read anything that he
              9   has ever written?
             10           A.     Not to my specific recollection.
             11           Q.     Have you ever read anything that
             12   Mr. Stevenson has ever written?
             13           A.     I have.
             14           Q.     What is that?  Just the material
             15   that came off -- excuse me.
             16           A.     The material off his website, yes.
             17           Q.     Other than that, have you ever read
             18   anything of his?
             19           A.     I have not.
             20           Q.     Have you ever read anything of
             21   Mr. Touretzky's affidavit that you have probably
             22   read?
             23           A.     No.
             24           Q.     Have you ever heard of Mr. Touretzky
             25   prior to today?

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                                                                 198
              1                         Schumann
              2           A.     I have not.
              3           Q.     Does the name Mr. Abelson mean
              4   anything to you?
              5           A.     It does not.
              6           Q.     Did you read his affidavit before
              7   you came here today?
              8           A.     If it was one of the affidavits, I
              9   would have read it, yes.
             10           Q.     You read all the affidavits?
             11           A.     Again, I apologize.  Names are
             12   not --
             13           Q.     Have you ever read anything that
             14   Mr. Abelson has ever written?
             15           A.     Can you refresh me more about his
             16   affidavit and his background, please?
             17           Q.     I will show you the affidavit.  With
             18   Mr. Appel, have you ever read anything that he has
             19   ever written?
             20           A.     Again, I would have to see his
             21   affidavit to refresh my memory.
             22           Q.     Have you ever heard of his name
             23   before this lawsuit?
             24           A.     No, I have not.
             25           Q.     Do you know if their affidavits were

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                                                                 199
              1                         Schumann
              2   ever submitted in any other lawsuits?
              3           A.     I have no knowledge, unless they
              4   referenced that in their affidavits.
              5           Q.     Do you know what the public policy
              6   award from the RCA Data Security is?
              7           A.     RSA?
              8           Q.     Yes.
              9           A.     I am not familiar with that
             10   particular award.
             11           Q.     What is the RSA?
             12           A.     RSA is a security company.
             13           Q.     Prestigious in their field?
             14           A.     Yes, they are.
             15           Q.     What kind of work do they do?
             16           A.     They are primarily known for the RSA
             17   algorithm that the founders of RSA developed.
             18           Q.     Do you know whether or not
             19   Mr. Gilmore ever won an award from that company?
             20           A.     If it's mentioned in his affidavit,
             21   I have no reason to believe he did not.
             22           Q.     The DeCSS software for Windows and a
             23   similar READDVD software for Linux can both be used
             24   to copy compressed video images from a DVD disk
             25   onto a hard drive.  Isn't that so?

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                                                                 200
              1                         Schumann
              2           A.     I know that DeCSS can perform that.
              3   I have no detailed knowledge of the other program.
              4                  MR. GARBUS:  We can stop now.  I
              5           think we have another day at least with
              6           this witness.  I think more.  I think at
              7           some point in time, maybe after that day,
              8           we can get rulings on whether or not I
              9           can examine him at length about his
             10           affidavit of April 3rd, which --
             11                  MR. GOLD:  You can examine him now
             12           about his affidavit.
             13                  MR. GARBUS:  But that's exactly
             14           what you told me for us to do.
             15                         --o0o--
             16           (Continued on next page to include jurat.)
             17
             18
             19
             20
             21
             22
             23
             24
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                                                                 201
              1                         Schumann
              2                  MR. GOLD:  I was responding to the
              3           specific questions you asked.  You wanted
              4           questions about his affidavit.  Let's go
              5           off the record.
              6                  (Time noted:  5:00 p.m.)
              7
              8
              9                  ______________________________________
             10                            ROBERT W. SCHUMANN
             11
             12
             13           Subscribed and sworn to before me
             14           this____ day of___________, 2000.
             15
             16           __________________________________
             17           NOTARY PUBLIC
             18
             19
             20
             21
             22
             23
             24
             25

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                                                                 202
              1                             
              2                  C E R T I F I C A T E
              3   STATE OF NEW YORK )
              4                       ) ss.:
              5   COUNTY OF RICHMOND)
              6                 I, ELIZABETH SANTAMARIA, a Shorthand
              7           Reporter and Notary Public within and for
              8           the State of New York, do hereby certify:
              9                 That ROBERT W. SCHUMANN, the witness
             10           whose deposition is hereinbefore set forth,
             11           was duly sworn by me, and that such
             12           deposition is a true record of the
             13           testimony given by such witness.
             14                 I further certify that I am not
             15           related to any of the parties to this
             16           action by blood or marriage; and that I am
             17           in no way interested in the outcome of this
             18           matter.
             19                 IN WITNESS WHEREOF, I have hereunto
             20           set my hand this 16th day of May, 2000.
             21
             22                            _____________________________
             23                                ELIZABETH SANTAMARIA
             24
             25

                              INTERIM COURT REPORTING

                                                                 203
              1                             
              2   ------------------ I N D E X ------------------
              3   WITNESS               EXAMINATION BY          PAGE
              4   ROBERT W. SCHUMANN     MR. GARBUS           4, 103
              5                          MR. HERNSTADT            69
              6   ----------- INFORMATION REQUESTS --------------
              7   DIRECTIONS:  38, 40, 58, 67, 115, 116, 117, 137, 145,
              8   186, 189
              9   RULINGS: 8, 38, 40, 58, 67, 116, 117, 137, 144, 186,
             10   188
             11   REQUESTS:  29, 33, 52, 79, 105, 175, 184,
             12
             13   ------------------- EXHIBITS -----------------------
             14   DEFENDANTS'                                    FOR I.D.
             15   Defendants' Exhibit 1, Mr. Robert W. Schumann's
             16   Declaration......................................... 30
             17   Defendants' Exhibit 2, Supplemental Declaration
             18   of Robert Schumann.................................. 73
             19   Defendants' Exhibit 3, Declaration of
             20   Matt Pavlovich...................................... 149
             21   Defendants' Exhibit 4, Declaration of
             22   Chris DiBona........................................ 149
             23   Defendants' Exhibit 5, Declaration of
             24   Frank Stevenson..................................... 149
             25                        --o0o--

                              INTERIM COURT REPORTING

                                                                 204
              1                             
              2   --------------- I N D E X  (C O N T'D) --------------
              3   ------------------- EXHIBITS -----------------------
              4   DEFENDANT'S                                     FOR I.D.
              5   Defendants' Exhibit 6, Declaration of
              6   David Wagner........................................ 149
              7   Defendants' Exhibit 7, Declaration of
              8   John Gilmore........................................ 149
              9   Defendants' Exhibit 8, Declaration of
             10   Bruce Schneier...................................... 149
             11   Defendants' Exhibit 9, Declaration of
             12   Bruce E. Boyden..................................... 193
             13
             14                         --o0o--
             15
             16
             17
             18
             19
             20
             21
             22
             23
             24
             25

                              INTERIM COURT REPORTING 

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