Vol. VIII, Tab 38 - Ex Ramsey Deposition (Rosetta Corporate Counsel)

Size: px

Start display at page:

Download "Vol. VIII, Tab 38 - Ex Ramsey Deposition (Rosetta Corporate Counsel)"

Randolf Blankenship
6 years ago
Views:

edu/appendix Part of the Computer Law Commons, Intellectual Property Commons, and the Internet Law Commons utomated Citation Ramsey, John, "Vol. VIII, Tab 38 - Ex.

1 Santa Clara Law Santa Clara Law Digital Commons Rosetta Stone v. Google ( Joint ppendix) Research Projects and Empirical Data --0 Vol. VIII, Tab 38 - Ex. - Ramsey Deposition (Rosetta Corporate Counsel) John Ramsey Rosetta Stone Follow this and additional works at: Part of the Computer Law Commons, Intellectual Property Commons, and the Internet Law Commons utomated Citation Ramsey, John, "Vol. VIII, Tab 38 - Ex. - Ramsey Deposition (Rosetta Corporate Counsel)" (0). Rosetta Stone v. Google (Joint ppendix). Paper. This Deposition is brought to you for free and open access by the Research Projects and Empirical Data at Santa Clara Law Digital Commons. It has been accepted for inclusion in Rosetta Stone v. Google ( Joint ppendix) by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact sculawlibrarian@gmail.com.

2 .~ :!"!';-. ~!,w..: ),. 3.. IN THE UNITED STTES DISTRICT COURT FOR THE ESTERN DISTRICT OF VIRGINI (le.xandria Division) --~ x ROSETT STONE ;.TO., Page. Certified Transcript vs. Plaintiff, Civil ction No. :0cv3 (GBL/TCB) GOOGLE.. INC., 8 Defendant. ti:}.~ 0 ---~ ~ x Washington., D. C. Thu rsday, February, 0 Videotape De.~osition. of:. JOHN RMSEY, the witness, was called for examination by counsel for the. Defendant, pursuil-nt to notice., commencing at :08. a.rn., at the. law office.s of Skadde.n, rps, 3 It.~ ';'; Slate, Me.agher & Flam LLP, 0 New York venue, Northwest, Confe.rence. Room 30, Washington, D.C., before Dawn. Jaque.s, CSR, CLR, and Notary Publid in and for the District o t Columbia, when were pre.se.nt on be.half of the. re.spective. partie.s: Job No : VeritextCorporale Services ( (... ::.. "... --:-:.' p..,.:... :, 38

" Whereupon" Page 3 JOHN RMSEY, was called, as a wi tnes's, after hav~ng first duly sworn by the Notary Public, been was exa~ined and testified as follows: EXMINTION BY COUNSEL FOR THE DEFENDNT BY MS.

3 " Whereupon" Page 3 JOHN RMSEY, was called, as a wi tnes's, after hav~ng first duly sworn by the Notary Public, been was exa~ined and testified as follows: EXMINTION BY COUNSEL FOR THE DEFENDNT BY MS. CRUSO:". 8 Good morning, Mr. Ramsey. Have you ever been deposed before? 0 I have not. Have you ever taken a deposition before? I have not. nd you understand that you're under oath? _ I do. This is the same type of oath you as you : : would take if you were.in a courtroom with a judge and jury, although they're not present he~e. You understand that? I do : : verbal You understand that you need to give responses to the questions so the court 3 reporter can take them down? I do. nd I ask that, to make her job as easy Veritext COIporate Services _. 380

.,... Page ) resumed 'practicing law? a Yes. 3 Wnen was that? ' March 0. Who was you): employer then? Rosetta Stone. What was your,title when you were hired 8 by Rosetta Stone? Corpora.te counsel.

4 .,... Page ) resumed 'practicing law? a Yes. 3 Wnen was that? ' March 0. Who was you): employer then? Rosetta Stone. What was your,title when you were hired 8 by Rosetta Stone? Corpora.te counsel. 0 Is that your title today? _, It is. _ What are your responsibilities as :3 corporate counsel a't Rosetta Stone? : MS. SPZINO: Obj'ection, vague as to : time. BY MS. CRUSO : What were your responsibilities in _8 when vou ware first hired ~t Rosetta Stone? The general c'orporate matters. lmost anything that would require contract review, ~~ issues of concern to the corporation. _ When you were hired in 0, to whom did :J you report? _ Michael Wu, the general counsel. - MS. SPZINO: I think your question had Veritext Corporate Servi<;es 'W0. ~., ". 38

5 :-.. J the wrong date,. Page BY MS. CRUSO:.3 When were you hired by Rosetta Stone? ' In 0.. MS. SPZINO: the wrong date.. BY MS. C.RUSO : Oh, I'm sorry, then I had 8 Were there.any other attorneys who also reported to Michael w'u in 0? 0 There were no -- I believe ther'e may,. " ' have been contractual -- contractors at the time, but I'm fairly certain that I. was the only full-time attorney, actual employee. How many contract attorneys were working there at the time? gain, du:ring that around that period, I believe we had two two contract attorneys who would work on kind of a matt"r' basis. That' s my underst'anding. What were their names? Hal Narus, and the other name escape's me ',3 at this. point. Was there anyone did the department did,you work i 'n the legal department of Rosetta Stone? Veritext Corporate Services , 38

') ; Yes.' Page Was there anyone else in the legal 3 department in 0 when you joined Rosetta Stone? Yes" Catherine Runj.on, who is the ' -- she's a paralegal. I don't know her exact t,i tie.

6 ') ; Yes.' Page Was there anyone else in the legal 3 department in 0 when you joined Rosetta Stone? Yes" Catherine Runj.on, who is the ' -- she's a paralegal. I don't know her exact t,i tie., 8 0 Sh'e's I think ris k manager. I'm sorry. '<: D you know when she' joined Ro setta Stone? I think she started -- I don't know. I don't know for certain. It was before me. I think she started in 0., I may be mistaken. So other than you, Mr. Wu and Ms. Runion, was there anyone else in the legal department of Rosetta Stone i On 0 in addition to the 'contract att,orney? ' I'don't believe so. Has the composition of the legal,department of,rosetta Stone changed since 0? Very much so. How' so? We've hired more attorneys. We have expanded the support staff. 3 How many attorneys are there now in the legal department of Rosetta Stone? There are currently five attorneys full Veritext Corponrte Services : ~-... : 388

7 38.. '.. -. '. ',.'... :'.: 3 8 ;LO ' - ' 3, Page consumers who are using paid search -- I think it's only paid, search -~ to avoid the paid search ads that are, you' know, are pirates and kind of other suspect ones and help, to get kind of a better comfort level with respect to the validity of a si,te. That's my understanding of that. ~" Has, Rosetta Stone foudd that,service to be valuable? No. I've asked for data; I've gotten no data. Now, admittedly, to date, we,have never marked a site as anything but green; and that goes more to a contractua'l concern than to -- that goes more to a contractual concern. What kind of ' sites hive been matked green? Like Ro'settaStone. corn. Have any other non-rosetta Stone si ' ~es been monitoring? No, but we've gotten no -- we've gotten no performance data or any - - actually, any feedback at all. Going back to the issue you identified this morning, in addition to kiosk theft, which we discussed, BitTorrent issues, you also mentioned Veritext Corporate Services , ( ".... '

-, ~ -'. 3. Page actions of resell ers a s a problem that had been identified. What types of actions of resellers is Rosetta Stone concerned with? MS. SPZINO: BY MS. CRUSO: Objection. 8.

8 -, ~ -'. 3. Page actions of resell ers a s a problem that had been identified. What types of actions of resellers is Rosetta Stone concerned with? MS. SPZINO: BY MS. CRUSO: Objection. 8. I'll, askc~ dif erent question. Okay. Khat types of actions of reseers is 0 t.3. 3 the task force at Rosetta Stone concerned with? The - - so the task force is - - again, this is starting from the position of dealing with the paid sea~ch results on Google, and we -- a.ong those paid search results, for example, is -- will be maybe mazon or a reseller of ours, and one of the issues that ~rises is how to address the fact that a reseller is appearing on -_. on. the search engine results. when we haven't authorized them to do so, and we -- and so that's -- for our -- for many of our resellers, for the majority of them, where we -- our contract, we put specific clarification on this prohibition. ll of our cohtracts with the other ones would have language stating that their -- basically that. we r.eserve the right to reject thei.r ad campaigns. I Veritext Corporate Services !., ;,..... ~

9 . ~) i 3 Page So this was --' there were resellers who we re appearing on Google search results who were able, becaus'e they.had the resources, to pay 'the amounts necessary to get themselves into first. position, and they wer~ using Rosetta Stone's ' ' 8 0 :'.,".. ' keywords and using Rosetta Stone in the ad copy, ' and that's -- that's kind of an over~iew. You mentioned resellers with resources bidding on Rosetta Stone to get themselves into first position. 'Which resellers were you talking about? For example, mazon. ny others? ( I.mean, primarily it's mazon. There may be instances where others have done so as well, but it's primarily mazon.. Does ' R'osetta Stone have a ' contract with 3 mazon that prevent s it from bidding on Rosetta Stone' s trademarks as key'ior.ds? We do not have a contract with mazon that would -- that authorizes them to bid on the keywords or prevents them, but we have informed them that they are not authorized to do so. What is their response to that? They generally reject the premise and Veritext Corporate Services (.'..., 38

-. J 3 8 0 L8 3 Page claim the right to buy.keywords from Google if.they can_ I mean -- Has mazon articulated why it believes it has t he right to bid on keywords from Goo gle? I think -- I.

10 -. J L8 3 Page claim the right to buy.keywords from Google if.they can_ I mean -- Has mazon articulated why it believes it has t he right to bid on keywords from Goo gle? I think -- I. mean, there have been -- this has been an ongoing issue. So, yes, they've prob.ably multiple times stated that they disagree wi th our contention that -- that they even n,eed our auth orization to do this and that it's -- that they're doing anything that we have any say in bas.ically _ it has that right? " they don't. Has mazon articulated why it believes s opposed to rejecting our claim that I don't kno"w that they've -- I don't know that they've presented a positive statement of why they have the right. Do you see the distinction? Yes _ Okay. Is it possible for Rosetta Stone to terminate its relationship wi th mazon? In theory, yes. I~ practice, that's -- like Google., mazon is the dominant distributor,. Veritext Corporate Services

11 ,. ~" ~-:-'~.. '. 3. B 0 i is Page 3 GERTIFICTE OF NOTRY PUBLIC I, DWN. JUES, a Notary Public in and for t 'he.district of Columbia, before whom the foregoing deposition was tak~n, do hereby certify that witness w~ose testimony appears in the foregoing pages was duly sworn by me; that the testimony of said witness was taken by me in.shorthand.at tpe time ~nd place mentioned in the caption hereof and thereafter.. reduced to typewriting under my. supervi sion; that. said deposition is a true record of the testimony given by said witness; tha t I am neither counsel for, related to, nor employed by any of the parties to the action in which this deposi"tion is taken; and,.further, that I am not a relative or employee ' of any attorney or counsel employed by the parties thereto, nor financially or otherwise interested in the outcome of the actions. ~W"- fk.pp- Dawn. Jaques, C.~. R. '. 3 Notary Public in and for District of Columbia My commission expires: Janua'ry, Veriten Corporate Services ( 383

IN THE UNITED STTES DISTRICT COURT FOR THE ESTERN DI,STRICT',OF VIRGINI (lexandria Division) 3 ----~--------~---------------x ROSETT STONE LTD., Plaintiff, vs. GOOGLE INC", Defendant.

12 IN THE UNITED STTES DISTRICT COURT FOR THE ESTERN DI,STRICT',OF VIRGINI (lexandria Division) ~ ~ x ROSETT STONE LTD., Plaintiff, vs. GOOGLE INC", Defendant. e x Civil, ction No', :0cv3 (GBL/TCB) CKNOWLEDGMENT OF, DEPONENT 0 I, JOHN RMSEY, do hereby acknowledge that I have read and'examined'pages through 3 of the transcript of my deposition taken on Thursday, ~3 FebrUary " 0, and that:. : (Check appropriate box): ~ _ 3 Page j the same is a true, correct and complete transcription of the answers'given by me to the questions therein recorded. except for the ahanges,noted in the attached erra:ta...tl.eet, th.e same is a true, correct" and complete tra'nscription of the answers given by me to the questions therein recorded. (~ Ir, ZOIO DTE ~SIGNT, i " Vcritext Corporate Services --" ~..,". ". 38

Case 3:13-cv REP-LO-AD Document Filed 09/18/15 Page 1 of 6 PageID# 5505 EXHIBIT V

Case 3:13-cv REP-LO-AD Document Filed 09/18/15 Page 1 of 6 PageID# 5505 EXHIBIT V Case 3:13-cv-00678-REP-LO-D Document 232-22 Filed 0/18/15 Page 1 of 6 PageID# 5505 EXHIBIT V Case 3:13-cv-00678-REP-LO-D Document 232-22 Filed 0/18/15 Page 2 of 6 PageID# 5506 IN THE UNITED STTES DISTRICT