HomeMy WebLinkAbout05-6717
MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP
By: James D. Cashel, Esq.; Jeffrey S. Feldman, Esq.; Timothy J. Kepner, Esq.
Pa. Atty. 1.0. Nos. 72056; 80352; 90115
123 South Broad Street, 27th Floor
Philadelphia, P A 19109-1099
Tel: (215) 772-1500
E-mail: jcashel@mmwr.com;jfeldman@mmwr.com;
tkepner@mmwr.com
Attorneys/or Petitioner
Microsoft Corporation
MICROSOFT CORPORATION,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Petitioner,
COMMONWEALTH OF
PEJ\NSYL VANIA
NO. OS- -fs,7/1 C;uL't-~""l
v.
JOHN DOES I-50, d/b/a mmxo.megaman-network.com,
ipassist.biz, nulladdress.com, toolbarpartner.com,
web-free-hosting.net, and zerotollerance.biz
Re5pondents,
PETITION FOR ISSUANCE OF A SUBPOENA TO TAKE THE DEPOSITION OF
THE CUSTODIAN OF RECORDS FOR MESSIAH COLLEGE
PURSUANT TO 42 PA. CONS. STAT. ~ 5326(a),
PA. R. CIV. P. 4007,l(F), AND PA. R. CIV. P. 234.1
Pursuant to 42 Pa. Cons. Stat. 9 5326(a) and Rules 4007.1 (f) and 234.1 ofthe
Pennsylvania Rules of Civil Procedure, petitioner Microsoft Corporation ("Microsoft")
respectfully requests the issuance of a subpoena to take the deposition of the Custodian of
Records for Messiah College, a person employed and regularly transacting business in person in
Cumberland County, Pennsylvania, for use in a litigation action pending in the State of
Washington, and in support thereof, states as follows:
I. Microsoft is a plaintiff in the matter of Microsoft Corp. v. John Does 1-50, d/b/a
mmxo.megaman-network.com. ipassist.biz, nulladdress,com, toolbarpartner,com, web~free-
hosting. net, and zerotol/erance.biz, which is pending in the Superior Court of the State of
-1-
Washington in and for the County of King, at No. 05-2-36781-4 SEA (the "Washington action").
A true and correct copy of the Complaint filed by Microsoft in the Washington action is attached
hereto as Exhibit A.
2. Microsoft desires to take the deposition of the Custodian of Records for Messiah
College ("the College"), an individual that is employed and regularly conducts business in
person in Cumberland County at One College Avenue, Grantham, Cumberland County,
Pennsylvania, 17027.
3. The College likely has documents relevant to the claims and defenses raised in the
Washington action and justice cannot be done between the parties to the Washington action
without the testimony of the Custodian of Records for the College and the College's documents.
Specifically, the evidence obtained from the College will be used to identify the "John Doe"
defendants in the Washington action.
4. Washington Civil Rule 45(d)(3) pennits depositions in actions pending in the
Washington Superior Courts to be taken in "another state, territory, or country." In such
instances, "the party desiring to take the deposition may secure the issuance of a subpoena or
equivalent process in accordance with the laws of such state, territory or country to require the
deponent to attend the examination." Wash. Civ. R. 45(d)(3).
5. On November 10,2005, Judge Carlos Velategui ofth(~ Superior Court of the State
of Washington in and for the County of King signed an Order requiring the issuance of certain
Commissions under the caption of the Washington action so that a subpoena could be directed to
the Collegc. A true and correct certified copy of Judge Velategui's November 10, 2005 Order,
with Exhibits, bearing the attestation and raised seal of the Clerk of the Superior Court of the
- 2 -
State of Washington in and for the County of King on the reverse side of its final page, is
attached hereto as Exhibit B.
6. On November 10,2005, Barbara Miner, the Clerk of the Court of the Superior
Court of the State of Washington in and for the County of King executed a "Commission For [A]
Subpoena Directed to Messiah College" (the "Commission"), which is expressly addressed to the
Cumberland County Court of Common Pleas, Commonwealth of Pennsylvania. A true and
correct certified copy of the Commission, endorsed and embossed with the raised official seal of
the Superior Court of the State of Washington in and for the County of King, is attached hereto
as Exhibit C.
7. The Commission formally requests that this Honorable Court issue, by its proper
and usual process, a subpoena compelling the College to produce the documents identified in
Attachment A thereto. See Exhibit C.
8. Once this Petition is granted and the appropriate subpoena duces tecum is served
upon the Custodian of Records for the College, counsel for Microsoft will coordinate with the
College to determine if the submission of a signed declaration from the Custodian of Records for
the College will be sufficient for Microsoft's purposes, or whether the deposition of the
Custodian of Records for the College is required. If Microsoft and the College cannot reach an
agreement regarding the execution of a suitable declaration from the Custodian of Records for
the UPS Store, counsel for Microsoft will coordinate with the College to attempt to arrange for a
mutually convenient time and place for the deposition of the Custodian of Records of the College
to take place before a person authorized by the laws of the Commonwealth of Pennsylvania to
administer oaths and take testimony.
,3 -
9. As authorized by 42 Pa. Cons. Stat. S 5326(a) and Pennsylvania Rules of Civil
Procedure 4007.1 (I) and 234.], Microsoft requires the issuance of a subpoena by this Court to
compel the attendance of the Custodian of Records for the College at his or her noticed
deposition, and to require him or her to produce at the deposition the documents and things
identified in the Commission and the subpoena sought by this Petition. t
10. 42 Pa. Cons. Stat. S 5326(a), entitled "Assistance to ttribunals and litigants outside
this Commonwealth with respect to depositions," provides, in relevant part, as follows:
A court of record in this Commonwealth may order a person who
is domiciled or is found within this Commonwealth to give his
testimony or statement or to produce documents or olher things for
use in a matter pending in a tribunal outside this Commonwealth.
The order may be made upon application of any interested person
... and may prescribe the practice and procedure, which may be
wholly or in part the practice or procedure of the tribunal outside
this Commonwealth for taking the testimony or statement or
producing the documents or other things.... The order may direct
that the testimony or statement be given, or documel1lt or other
things produced, before a person appointed by the couti. The
person appointed shall have power to administer the necessary
oath.
- 4-
11. Rule 4007.1(1) of the Pennsylvania Rules of Civil Procedure provides that "[a]n
application for an order pursuant to Section 5326(a) of the Judicial Code may be filed only in the
I Rule 234.\ of the Pennsylvania Rules of Civil Procedure, entitled "Subpoena to Attend and Testify,"
provides, in relevant part, as follows:
(a) A subpoena is an order of the court commanding a person to attend
and testify at a particular time and place. It may also requilCe the person
to produce documents or things which are under the possession, custody
or control of that person.
(b) A subpoena may be used to command a person to attend and to
produce documents or things only at
~ * *
(2) the taking ofa deposition in an action or proceeding pending
in the court.
county in which the person who is the subject of the order resides, is employed or regularly
transacts business in person."
12. Upon the granting of the Petition, Microsoft will promptly serve an appropriate
deposition subpoena duces tecum and the statutory witness fee required by 42 Pa. Cons. Stat.
~ 5903 to the Custodian of Records for the College, and then begin attempts to arrange for the
submission of a declaration in lieu of deposition as set forth in paragraph 8 above.
13. Scrvice of this Petition upon the defendants in the Washington action is not
necessary because none of the John Doe defendants in the Washington action have been
identified at this time.
WHEREFORE, petitioner Microsoft Corporation respectfully requests that this Court
- 5 -
enter the accompanying proposed fonn of Order, which allows for the issuance of a deposition
subpoena duces tecum to the Custodian of Records for Messiah College in conformity with the
Commission issued in the Washington action (Exhibit C hereto).
Respectfully submitted,
MONTGOMERY, MCCRACKEN"
WALKER & RHOADS, LLP
Date: DecemberdJ.,2005
By:
---
,
sO. Cashe Esq. (Pa. Atty. J.D. No. 72056)
J frey S. Feldman, Esq. (Pa. Atty. J.D. No. 80352)
Timothy J. Kepner, Esq. (Pa. Altty. l.D. No. 90115)
123 South Broad Street, 24th Floor
Philadelphia, P A 19109-1099
Tel: (215) 772-1500
Fax: (215) 772-7620
E-mail: jcashel@mmwr.com;jfeldman@mmwr.com;
tkepner@mmwr.com
Counselfor Petitioner Microsofi Corporation
MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP
By: James D. Cashel, Esq.; Jeffrey S. Feldman, Esq.; Timothy 1. Kepner, Esq.
Pa. Atty. J.D. Nos. 72056; 80352; 90115
123 South Broad Street, 27th Floor
Philadelphia, PA 19109-1099
Tel: (215) 772-] 500
E-mail: jcashel@mmwLcom; jfeldman@mmwLcom;
tkepner@mmwLcom
Attorneysjor Petitioner
Microsoft Corporation
MICROSOFT CORPORATION,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Petitioner.
COMMONWEALTH OF
PENNSYL VANIA
v.
NO.
JOHN DOES I-50, d/b/a mmxo.megaman-network.com,
ipassist.biz, nulladdress.com, toolbarpartner.com,
web-free-hosting.net, and zerotollerance.biz
J
.......
Respondents.
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF PHILADELPHIA
Local counsel for Petitioner plaintiff Microsoft Corporation, being duly sworn according
to law, hereby deposes and says that he is an attorney for the Petitioner; that he is authorized to
make this affidavit on its behalf; and that the facts set forth in the for,egoing Petition are true and
correct to the best of his knowledge, information, and belief.
J rey S. Feldm n, Esq"
Local Counsel for Petitioner
Sworn to and subscr~bJd
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Notary Public
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MONTGOMERY. MCCRACKEN, WALKER & RHOADS, LLP
By: James D. Casher, Esq.; Jeffrey S. Feldman, Esq.; Timothy J. K,~pner, Esq.
Pa. Attv. J.D. Nos. 72056; 80352; 90115
123 South Broad Street, 27th Floor
Philadelphia, P A 19109-1099
Tel: (215) 772-1500
E-mail: jcashel@mmwr.com;jfeldman@mmwr.com;
tkepner@mmwr.com
Attorneysjor Petitioner
Microsoft Corporation
MICROSOFT CORPORATION,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Petitioner,
COMMONWEALTH OF
PENNSYL VANIA
v.
NO.
JOHN DOES I-50, d/b/a mmxo.megaman-network.com,
ipassist.biz, nulladdress.com, toolbarpartner.com,
web-free-hosting.net, and zerotollerance.biz
Respondents.
MICROSOFT CORPORATION'S BRIEF IN SUPPORT OF ITS PETITION FOR THE
ISSUANCE OF A SUBPOENA TO TAKE THE DEPOSITION OF
THE CUSTODIAN OF RECORDS FOR MESSIAH COLLEGE
PURSUANT TO 42 PA. CONS. STAT. ~ 5326(a),
PA. R. CIV. P. 4007.I(F), PA. R. CIV. P. 234.1
Petitioner Microsoft Corporation ("Microsoft"), by and through its counsel, Montgomery,
McCracken, Walker & Rhoads, LLP, hereby submits its Brief in Support of its Petition for the
Issuance of a Subpoena to Take the Deposition of the Custodian of Records for Messiah College
pursuant to 42 Pa. Cons. Stat. S 5326(a) and Pa. R. Civ. P. 4007.1(1) and 234.1.
I. MATTER BEFORE THE COURT
The matter before the Court is Microsoft's Petition for Issuance ofa Subpoena to Take
the Deposition of the Custodian of Records for Messiah College pursuant to 42 Pa. Cons. Stat.
S 5326(a) and Pa. R. Civ. P. 4007.1(1) and 234.1. A proposed form of Order is enclosed.
-1-
11. STATEMENT OF THE QUESTION INVOLVED
Should the Court grant Microsoft's petition seeking the issuance of a subpoena duces
tecum to take the deposition of the Custodian of Records for Messiah College ("the College")
where:
(a) Microsoft is a plaintiff in a matter pending in the Superior Court of the State of
Washington in and for the County of King;
(b) The Superior Court of the State of Washington in and for the County of King has,
by Order of that Court, issued a Commission to the Cumberland County Court of
Common Pleas requesting that this Court issue a subpoena to the Custodian of
Records for Messiah College in relation to the pending litigation;
(c) The College likely has documents relevant to the claims and defenses raised in the
Washington action, and justice cannot be done between the parties to the
Washington action without the testimony of the Custodian of Records for the
College and the College's documents;
- 2 -
(d) thc Custodian of Records for the College is employed and regularly conducts
business in person in Cumberland County; and
(e) both Washington and Pennsylvania law authorize the issuance ofa subpoena?
SUGGESTED ANSWER: YES.
111. FACTS
Microsoft is a plaintiff in the matter of Microso{t Corp, v. John Does I-50, , d/b/a
mmxo.megaman-network.com. ipassist.biz, nul/address. com, toolbarpartner.com, web:free-
hosting. net. and zerotol/erance.biz which is pending in the Superior Court ofthe State of
Washington in and for the County of King, at No. 05-2-36781-4 SEA (the "Washington action").
See Exhibit A. Microsoft desires to take the deposition of the Custodian of Records for the
College, an individual that is employed and regularly conducts business in person in Cumberland
County at One College A venue, Grantham, Cumberland County, Pennsylvania 17027. The
College likely has documents relevant to the claims and defenses raised in the Washington
action, and justice cannot be done between the parties to the Washington action without the
testimony of the Custodian of Records for the College and the College's documents.
Specifically, the evidence obtained from the College will be used to identify the "John Doe"
defendants in the Washington action. See id,
On November 10,2005, Judge Carlos Velategui of the Superior Court of the State of
Washington in and for the County of King signed an Order requiring the issuance of certain
Commissions under the caption of the Washington action so that a subpoena could be directed to
the College. See Exhibit B. That same day, Barbara Miner, the Clerk of the Court of the
Superior Court of the State of Washington in and for the County of King executed a
"Commission For [A] Subpoena Directed to Messiah College" (the "Commission"), which is
expressly addressed to the Cumberland County Court of Common Pleas, Commonwealth of
Pennsylvania. See Exhibit C. The Commission formally requests that this Honorable Court
issue, by its proper and usual process, a subpoena compelling the College to produce the
documents identified in Attachment A thereto. See id.
Once this Petition is granted and the appropriate subpoena duees teeum is served upon the
Custodian of Records for the College, counsel for Microsoft will coordinate with the College to
determine if the submission ofa signed declaration from the Custodian of Records for the
College will be sufficient for Microsoft's purposes, or whether the d<'position of the Custodian of
Records for the College is required. If Microsoft and the College cannot reach an agreement
regarding the execution of a suitable declaration from the Custodian of Records for the UPS
Store, counsel for Microsoft will coordinate with the College to attempt to arrange for a mutually
convenient time and place for the deposition of the Custodian of Records of the College to take
- 3 -
- 4-
place before a person authorized by the laws of the Commonwealtb of Pennsylvania to
administer oaths and take testimony.
Upon the granting of the Petition, Microsoft will promptly serve an appropriate
deposition subpoena duces tecum and the statutory witness fee required by 42 Pa. Cons. Stat.
9 5903 to the Custodian of Records for the College, and then begin attempts to arrange for the
submission of a declaration in lieu of deposition as set forth above. Service of this Petition upon
the defendants in the Washington action is not necessary because none of the John Doe
defendants in the Washington action have been identified at this time.
IV. ARGUMENT
Washington Civil Rule 45(d)(3) pemlits depositions in actions pending in the
Washington Superior Courts to be taken in "another state, territory, or country." In such
instances, "the party desiring to take the deposition may secure the issuance of a subpoena or
equivalent process in accordance with the laws of such state, territory or country to require the
deponent to attend the examination." Wash. Civ. R. 45(d)(3).
42 Pa. Cons. Stat. 9 5326(a), entitled "Assistance to tribunals and litigants outside this
Commonwealth with respect to depositions," provides, in relevant part, as follows:
A court ofrecord in this Commonwealth may order a person who
is domiciled or is found within this Commonwealth to give his
testimony or statement or to produce documents or other things for
use in a matter pending in a tribunal outside this Commonwealth.
The order may be made upon application of any interested person
..' and may prescribe the practice and procedure, which may be
wholly or in part the practice or procedure ofthe tribunal outside
this Commonwealth for taking the testimony or statement or
producing the documents or other things.... The order may direct
that the testimony or statement be given, or document or other
things produced, before a person appointed by the court. The
person appointed shall have power to administer the necessary
oath.
Rule 4007,1(f) of the Pennsylvania Rules of Civil Procedun~ provides that "[a]n
application for an order pursuant to Section 5326(a) of the Judicial Code may be filed only in the
county in which the person who is the subject of the order resides, is employed or regularly
transacts business in person."
As authorized by 42 Pa. Cons. Stat. S 5326(a) and Pennsylvania Rules of Civil Procedure
4007.1 (f) and 234.1, Microsoft requires the issuance of a subpoena by this Court to compel the
attendance of the Custodian of Records for the UPS Store at his or her noticed deposition, and to
require him or her to produce at the deposition the documents and things identified in the
subpoena sought by this Petition2
2 Rule 234.\ of the Pennsylvania Rules of Civil Procedure, entitled "Subpoena to Attend and Testify,"
provides, in relevant part, as follows:
(a) A subpoena is an order ofthe court commanding a person to attend
and testify at a particular time and place, It may also require the person
to produce documents or things which are under the possession, custody
or control of that person.
(b) A subpoena may be used to command a person to attend and to
produce documents or things only at
* * *
(2) the taking of a deposition in an action or proceeding pending
in the court.
- 5 -
V. RELIEF
Accordingly, for all of the reasons set forth above, petitioner Microsoft respectfully
requests that this Honorable Court grant Microsoft's Petition and issue a subpoena duces tecum
to the Custodian of Records for Messiah College in accordance with the form of Order provided.
Respectfully submitted,
MONTGOMERY, MCCRACKEN,
WALKER & RHOADS, LLP
Date: Decemberu 2005
")
By:
J Esq. (Pa. Atty. 1.0. No. 72056)
J rey S. Feldman, Esq. (Pa. Atty. 1.0. No. 80352)
Timothy J. Kepner, Esq. (Pa. Atty. 1.0. No. 90115)
123 South Broad Street, 24th f:loor
Philadelphia, PA 19109-1099
Tel: (215) 772-1500
Fax: (215) 772-7620
E-mail: jcashel@mmwr.com;jfeldman@mmwr.com;
tkepner@mmwr.com
,6 -
Counselfor Petitioner Microsoft Corporation
MONTGOMERY. MCCRACKEN, WALKER & RHOADS, LLP
By: James D. Cashel, Esq.; Jeffrey S. Feldman, Esq.; Timothy J. Kepner, Esq.
Pa. Atty. J.D. Nos. 72056; 80352; 90115
123 South Broad Street, 27th Floor
Philadelphia, P A 19109-1099
Tel: (215) 772-1500
E-mail: jcashel@mmwr.com;jfeldman@mmwr.com;
tkepner@mmwr.com
Attorneysfor Petitioner
Microsoft Corporation
MICROSOFT CORPORATION,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Petitioner,
COMMONWEALTH OF
PENNSYL VANIA
v.
NO.
JOHN DOES I-50, d/b/a mmxo.megaman-network.com,
ipassist.biz, nulladdress.com, toolbarpartner.com,
web-free-hosting.net, and zerotollerance.biz
Re;,pondents.
CERTIFICATE OF SERVICE
I, Jeffrey S. Feldman, Esquire, hereby certify that I caused to be served a true and correct
copy of (a) Microsoft Corporation's Petition for Issuance ofa Subpoena to Take the Deposition
of the Custodian of Records for Messiah College pursuant to 42 Pa. Cons. Stat. S 5326(a) and Pa.
R. Civ. P. 4007.1 (f) and 234.1, (b) Microsoft Corporation's proposed Order for its Petition, and
(3) Microsoft Corporation's Briefin Support of its Petition on the following individual by
Certified and First Class mail, postage prepaid, on date shown below:
Attn: Custodian of Records
Messiah College
One College Avenue
Grantham, P A 17027
Date: Decemberll2005
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
9 MICROSOFT CORPORATION, a
Washington corporation,
No.
,05,~. 2" 3 6 '; 8 1 .. 4 SE
10
11
12
~
Plaintiff,
COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF
v.
JOHN DOES 1-50, d/b/a mmxo.megaman-
13 network.com, ipassist.biz, nulladdress.com,
toolbarpartner.com, web-free-hosting.net, and
14 zerotollerance.biz,
15 Defendants.
16
17 Plaintiff Microsoft Corporation ("Microsoft") brings this action against JOHN DOES
18 1-51), d/b/a <mmxo.megaman-network.com>, <ipassist.biz>, <null address. com>,
19 <toolbarpartner.com>, <web-free-hosting.net>, and <zerotollerance.biz>.
20
21
I. JURISDICTION AND VENU]~
I.
This is an action for violation of the Washington Computer Spyware Act
22 (RCW Ch. 19.270), as well as for violations of the Washington Consumer Protection Act
23 (RCW Ch. 19.86), the Washington Commercial Electronic Mail Act (RCW Ch. 19.190), and
24 common Jaw trespass to chattels. Microsoft seeks to protect itself and its customers from
25
26
COMPLAINT FOR DAMAGES AND
INJUNCfIVE RELIEF - 1
PRESTON GA rES & ELLIS LLP
925 FOURTH ^ VENUE
svnS2900
SEATILE, WASHINGTON 98104_1158
TE.LEPHONE: (206) 623-7580
FACSIMILE: (206) 623-7022
K:\OO103\Q2866\T JA\T JA_P233P
10
3.
In this case, the defendants are transmitting and using some of the most
1 persons who illegally transmit, use, or induce their victims to install malicious computer
2 programs known as "spyware."
3
2.
In passing the Computer Spyware Act, the Washington Legislature recognized
4 that the spread of spyware "is a matter of statewide concern." The Legislature therefore
5 created a cause of action that allows providers of software, owners of web sites, and owners
6 of trademarks to bring lawsuits against those responsible for transmitting or using spyware.
7 Microsoft seeks damages and injunctive relief pursuant to the Washington Computer Spyware
8 Act, and pursuant to other provisions of state law, to remedy the effects of defendants' illegal
9 spyware activities.
II nefarious spyware that exists. Without waming, the spyware takes control of the user's
12 computer and uses it to send illegal spam. The spyware also changes the security settings on
13 the computer, leaving all of the files on the computer accessible to the attackers. Moreover,
14 the spyware allows the attackers to use the infected computer to host unwanted web sites and
15 exchange any type of files they wish. Also, the spyware alters the computer's settings to
16 prevent the proper operation of antivirus and antispyware software that might otherwise
17 protect the user from the spyware's effects.
18
4.
This Court has personal jurisdiction over the defendants, all of whom have
19 conducted business activities in, and directed to, Washington, are primary participants in
20 tortious acts in, and directed to, Washington, or have used personal property in the state.
21
5.
Venue is proper in this Court pursuant to RCW ~ 4,12.010 to .025 in that a
22 substantial part of the events or omissions giving rise to the claims pled herein occurred in
23 King County, Microsoft seeks damages for personal injury or damage to personal property in
24 King County, and its causes of action arose in King County.
25
26
COMPLAJNT FOR DAMAGES AND
INJUNCTIVE RELIEF - 2
K:\Q0103\02666\ T JA.\T JA _ P233P
PRESTON GATES & ELUS LLP
92~ FOURTH A VI'5NUE
SUllE2900
SEATTLE, WASHINGTON 98104.115&
TELEPHONE: (206) 623-7580
FACSIMlLE: (206) 623-7022
15
8.
The actions alleged herein to have been undertaken by the defendants were
1 II. THE PARTIES
2 6. Plaintiff Microsoft is a Washington corporation with its principal place of business
3 in Redmond, Washington.
4
7.
Microsoft is unaware of the true names and capacities ofthe defendants sued
5 herein as JOHN DOES 1-50, inclusive, and therefore sues these defemdants by fictitious
6 names. These defendants have directly or indirectly transmitted or used, have caused others
7 to transmit or use, or knowingly have benefited from, malicious' computer programs provided
8 through, or in connection with, the websites <mmxo.megaman-network.com>, <ipassist.biz>,
9 <nulladdress.com>, <toolbarpartner.com>, <web-free-hosting.net>, and <zerotollerance.biz>,
10 among others. Microsoft will amend this complaint to allege their true names and capacities
11 when ascertained. Microsoft is informed and believes and therefore alleges that each of the
12 fictitiously named defendants is responsible in some manner for the occurrences herein
13 alleged, and that Microsoft's injuries as herein alleged were proximately caused by such
14 defendants. JOHN DOES 1-50 are hereafter referred to collectively as "the defendants."
16 undertaken by each defendant individually, were actions that each defendant caused to occur,
17 were actions that each defendant authorized, controlled, directed, or had the ability to
18 authorize, control or direct, and/or were actions each defendant assisted, participated in, or
19 otherwise encouraged, and are actions for which each defendant is liable. Each defendant
20 aided and abetted the actions of the defendants set forth below, in that each defendant had
21 knowledge of those actions, provided assistance and benefited from those actions, in whole or
22 in part. Each of the defendants was the agent of each of the remaining defendants, and in
23 doing the things hereinafter alleged, was acting within the course and scope of such agency
24 and with the permission and consent of other defendants. Each of the defendants knew, or
25 consciously avoided knowing, that the other defendants were engaged, or intended to engage,
26 in a practice or practices that violates the Washington Consumer Protection Act.
COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF - 3
PRESTON GATES & ELLIS LLP
925 FOURTH ^ VENUE
SUITE 2900
SEATTLg, WASHINGTON 98HJ4./158
TEl.EPHONE; (206) 62~-7sao
F ACSI MII.E: (206) 623-7022
K:\O0103\02866IT JA\T JA_P233P
1 III. THE HARMFUL EFFECTS OF SPYW ARE AND THE PURPOSES BEHIND THE
2
3
WASHINGTON COMPUTER SPYW ARE ACT
9.
The term "spyware" applies to a range of malicious software that is placed on a
4 user's computer, often without the user's knowledge or consent. Such software can monitor,
5 collect, and transmit personal information, change important settings on the user's computer,
6 and even take over the user's computer and use it for nefarious purposes. The threat posed by
7 spyware is serious. As explained in the Senate Bill Report for the Washington Computer
8 Spyware Act: "The growing use of spyware threatens the integrity of e-business transactions,
9 and facilitates identity theft crimes." Spyware is widely condemned in the Internet
10 community, and is of significant concern and economic detriment to Microsoft and its
II customers.
12
10.
Users typically are unaware that they have become victims of spyware, and
13 once spyware is on a computer, it often is difficult or impossible to remove. Spyware can
14 cause problems ranging from advertisements to computer viruses to identity theft.
15 Frequently, spyware is hidden within a larger software package that the consumer purposely
16 installs, but spyware can also be installed by visiting a website.
17
11.
The Federal Trade Commission ("FTC") has likewise addressed the range of
18 harms caused by Spyware. In testimony before a U.S. Senate committee, the FTC reported
19 that "[s]pyware and other 'malware' that is downloaded without authorization can cause a
20 range of problems for computer users, from nuisance adware that delivers pop-up ads, to
21 software that causes sluggish computer performance, to keystroke loggers that capture
22 sensitive information." Prepared Statement of the Federal Trade Commission, Before the
23 Committee on Commerce, Science and Transportation, Subcommittee on Trade, Tourism, and
24 Economic Development, United States Senate at 1 (Oct. 5, 2005).
25
26
COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF - 4
PRESTON GATES & ELLIS LLP
?25 FOURTH ^ VENUE
SUlTE290Q
SEATTLE, WASHINGTON \18104-1158
TELEPJ-IONE: (106) (2)-7580
FACSIMILE: (206)623.7022
K:\00103\02866\ T JAIT JA_P233P
1
12.
In response to the increasing threat posed by spyware, the Washington
2 Legislature unanimously passed the Washington Computer Spyware Act, and the Act became
3 effective July 24, 2005, The Act prohibits numerous "spyware activities," which include:
4 a) Collecting personally identifiable information through keystroke logging;
5 b) Collecting web browsing histories;
6 c) Taking control ofa user's computer to send unauthorized email or viruses;
7 d) Creating bogus financial charges;
8 e) Orchestrating group attacks on other computers;
9 f) Opening aggressive pop-up 'advertisements;
109) Modifying security settings; and
11 h) Generally interfering with a user's ability to identify or remove the Spyware.
12
13.
The Washington Computer Spyware Act allows providers of computer
13 software and owners of web sites or trademarks, who are adversely affected by the spyware
14 activities, to bring an action to enjoin further violations ofthe Act and to recover actual
15 damages or statutory damages of $ 100,000 per violation, whichever are greater. Damages
16 may be trebled if the defendant has engaged in a pattern and practice of prohibited spyware
17 activities. The Act also provides for recovery of attorneys' fees.
18
14.
In enacting the Washington Computer Spyware Act, the Legislature
19 emphasized that the Act does not alter the ability to target spyware activities through other
20 applicable statutes. In fact, the Legislature specifically emphasized that the Act does not
21 change the ability of businesses and consumers to obtain injunctive relief and damages under
22 the Washington Consumer Protection Act, RCW Ch. 19.86.
23 IV. ADVERSE IMPACT ON MICROSOFT'S SOFTWARE SERVICES, WEBSITES,
24 AND TRADEMARKS CAUSED BY SPYW ARE
25
15.
Microsoft is a world leader in the market for software products. Among its
26 many products are operating systems such as Microsoft Windows; Internet browsers such as
COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF - 5
PltESTON GATES & ELLIS LLP
921 FOURTH AVENUE
SUITE 2900
SEATILE, WASHf'NG10N 93104-IIS8
TBl..El'HONE: (206) 623-7.580
FACSIM1LE: (206) 623-7022
K:\O0103\02866\ T JA\T JA_P233P
\
1 Microsoft Internet Explorer, and search en'gines such as MSN Search. Spyware prevents the
2 intended operation ofthese and other software products provided by Microsoft, which harms
3 both Microsoft and its customers. In an attempt to protect itself and. its customers from
4 spyware, Microsoft has expended significant resources in developing and acquiring
5 technologies to protect against spyware and to prevent spyware operators from adversely
6 affecting the performance of Microsoft software, to the detriment of Microsoft and its
7 customers.
8
16.
Microsoft owns and operates computers and computer systems in the conduct
9 of its business. Microsoft has invested and continues to invest significant resources in
10 designing, developing, and maintaining its computers and in using them to offer services to
11 businesses and consumers. Microsoft's computers have been infected with defendants'
12 spyware, and that spyware interfered with the intended use of-and degraded the performance
13 of--tbe Microsoft software installed on such computers. Microsoft was adversely affected as
14 a result.
15
17.
Microsoft is informed and believes, and on that basis alleges, that numerous
16 users of its software have also been infected with defendants' spyware, and that spyware
17 likewise interfered with the intended use of-and degraded the performance of-the
18 Microsoft software installed on its customers' computers. Microsoft is adversely affected by
19 its customers' inability to use their Microsoft software in the intended manner.
20
18.
Microsoft maintains a large number of web sites through which it provides
21 information and services to its customers. For many users, a Microsoft website serves as their
22 "home page," i.e., the page that appears when they launch their Internet browsers.
23
19.
Spyware adversely affects Microsoft and its customers by interfering with the
24 use of Microsoft's websites in several ways. Spyware often changes the home page on the
25 affected computer away from the selected Microsoft website to another website. Spyware
26 frequently degrades the usefulncss or attractiveness of Microsoft's websites by opening
COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF - 6
PRESTON GATES & ELLlS LLP
925 FOURTH A VENUE
SUlTE29{)O
SEATTLE, WASHINGTON 98104-ll58
TELEPHONE, (206) 62J.-75110
FACSIMll.E: (206) 623-'ro22
~:\OO1 03\02866\1 JAIT JA _P233P
7
20.
Microsoft's trademarks-such Windows@ and Microsoft Internet ExpJorer@-
1 multiple "popcup" advertisements without the authorization of the computer owner or
2 operator, which cannot be closed without turning off the computer or closing the Internet
3 browser. Spyware also can alter settings in a manner that causes the infected computer to
4 engage in a "denial of service attack," in which the infected computer attacks the computers
5 that maintain Microsoft's websites in an effort to damage those computers and prevent the
6 website from functioning properly.
8 are among the most famous trademarks in the world. Spyware purveyors frequently misuse
9 Microsoft's trademarks falsely to imply that the spyware is somehow connected to, or
10 approved by, Microsoft. Such abuse of Microsoft' s trademarks adversely affects Microsoft.
II
12
V. DEFENDANTS' UNLAWFUL CONDUCT
21.
Microsoft is informed and believes, and on that basis alleges, that defendants
13 have been-and are currently-involved in widespread transmission and nse of spyware.
14
22.
Defendants have directly or indirectly transmitted their spyware through, or in
15 counection with, the websites <mmxo.megaman-network.com>, <ipassist.biz>,
16 <nulladdress.com>, <toolbarpartner.com>, <web-free-hosting.nel>, <zerotollerance.biz>, and
] 7 others.
18
23.
Defendants' spyware, and individual components thereof, are installed without
19 warning and without the consent of the owner or operator of the computer.
20
24.
Defendants' spyware modifies numerous security settings relating to the
21 infected computers' access to, or use of, the Internet. For example, defendants' spyware
22 opens numerous "ports" on the user's computer to unauthorized access. Among the ports
23 affected are the port used for large file transfers (Port 21), the port used for sending and
24 receiving most types of e-mail (port 25), the port used to match Intemet domain names with
25 Internet addresses (port 53), the port used to access the World Wide Web (port 80), and the
26 port used to authenticate network users (port 88).
COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF - 7
K:\O0103\02666\1 JA\T JA _P233P
PRESTON OATES & EllJSLLP
925 FOURTH A VENUE.
SUITE 2~O(l
SEATTLE, WASHINGTON 98104.1158:
TELEPHONE: (206) 623.7580
FACSIMILE: (2Of.i) 623.7022
1
25.
Having modified the security settings on an infected computer, defendants'
2 spyware then seeks to use the computer in a manner that causes damage to it and to other
3 computers:
4 a) Defendants use the infected computer to send deceptive: spam. Such spam is
5 routed through the infected computer in an effort to misrepresent or obscure the
6 point of origin and transmission path of the e-mail. The sending of such deceptive
7 spam adversely affects the Microsoft computers infected with defendants' spyware
8 and the computers of Microsoft customers infected with defendants' spyware.
9 b) Defendants install a number~of"backdoor" programs that allow them to take
1 0 control of the computer and to perform any task remotely, as ifthe defendants
.1 1 were sitting in front ofthe computer. The "backdoor" programs also allow
12 defendants to access or retrieve any file from the infected computer.
13 c) Defendants install a series of applications that allow the computer to be used as an
14 unauthorized Web Server, where unwanted websites can be hosted, oras an
15 unauthorized "FTP site," where unwanted files of any size or kind can be
16 exchanged with others on the Internet.
17
26.
Defendants' spyware alters the settings of the infected computer to prevent the
18 proper operation of antivirus, security, or antispyware software, including, among others,
19 software distributed by McAfee, Inc., Symantec Corp., and Kaspersky Lab, Inc.
20
27.
Microsoft has been adversely affected by defendants' actions. As a result of
21 defendants' activities, Microsoft's software-both on Microsoft's and its customers'
22 computers-has not functioned as intended. Defendants' actions have resulted in, and
23 continue to result in, adverse impacts to Microsoft.
24
25
26
COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF - 8
K:\OQ1 03\O:2i3Q6\T JA\ T JA _P233P
PRESTON GATES & ELLlS L.LP
nSFOUP.THAVENUI:.
SUlTE290Q
SEAnLE, WASHINGTON 98/04-1158
TELEPHONE (206) 623-7580
FACSIMILE: (2()fj) 623.7022
1 COUNT I
2 (Violations of g 2 of the Washington Computer Spyware Ad (RCW ~ 19.270.020))
3
28.
Microsoft realleges and incorporates by this referenee eaeh and every
4 allegation set forth in paragraphs 1 through 27 above.
5
29.
Defendants transmitted computer software, to computers for whieh they are not
6 the owners or operators, to the owner or operator's computer, with actual knowledge or with
7 conscious avoidance of actual knowledge, and used such software, through intentionally
8 deceptive means, to remove, disable, or render inoperative security, antispyware, or antivirus
9 computer software installed on the computer.
10
30.
As a result of defendants' actions, Microsoft has b'len adversely affected and
II has been damaged in an amount to be proven at trial.
12
31.
Defendants' actions violated RCW ~ 19.270.020 and under RCW
13 ~ 19.270.060, Microsoft is entitled to injunctive relief and recovery of its actual damages or
14 statutory damages of one hundred thousand dollars per violation, whichever is greater.
15 Microsoft is also entitled to recover its costs and reasonable attomeys' fees. Microsoft also is
16 entitled to seek treble damages because defendants have engaged in a pattern and practice of
17 violating the Washington Computer Spyware Act.
18
19 COUNT II
20 (Violations of g 3 of the Washington Computer Spyware Act (RCW 9 19.270.030))
21
32.
Microsoft realleges and incorporates by this reference each and every
22 allegation set forth in paragraphs I through 31 above.
23
33.
Defendants transmitted computer software to computers, for which they are not
24 the owners or operators, to the owner or operator's computer, with actual knowledge or with
25 conscious avoidance of actual knowledge, and used the software to take control of the
26 computer by accessing or using the modem or Internet service for such computer to cause
COMPLAfNT FOR DAMAGES AND
INJUNCTIVE RELIEF - 9
K:\00103\02866\ T JA\l JA_ P233P
PRESTON GATES & ELLIS LLP
925 FOURTH ^ VENUE
SUITE 2900
SEATTLi3. WASHINGTON 981Q"l.11S8
TELEPtlONE:(206)623-7580
f....<:SIMILE: (206) 623-1022
"
1 damage to the computer or cause an owner or operator to incur financial charges for a service
2 that is not authorized by the owner or operator.
3
34.
Defendants transmitted computer software to computers, for which they are not
4 the owners or operators, to the owner or operator's computer, with actual knowledge or with
5 conscious avoidance of actual knowledge, and used the software to modify settings related to
6 the computer's access to, or use of, the Internet, including security settings in order to cause
7 damage to a computer.
8
35.
As a result of defendants' actions, Microsoft has been adversely affected and
9 has been damaged in an amount to be proven at trial.
10
36.
Defendants' actions violated RCW ~ 19.270.030 and under RCW
11 ~ 19.270.060, Microsoft is entitled to injunctive relief and recovery of its actual damages or
12 statutory damages of one hundred thousand dollars per violation, whichever is greater.
13 Microsoft is also entitled to recover its costs and reasonable attomeys' fees. Microsoft also is
14 entitled to seek treble damages because defendants have engaged in a pattern and practice of
15 violating the Washington Computer Spyware Act.
16
17 COUNT III
18 (Violations oftbe Washington Consumer Protection Act (RCW Ch. 19.86))
19
37.
Microsoft realleges and incorporates by this reference each and every
20 allegation set forth in paragraphs 1 through 36 above.
21
38.
Defendants' transmission or use of spyware is arl unfair or deceptive act or
22 practice occurring in trade or commerce and is an unfair method of competition.
23
24
39.
40,
Defendants' transmission or use of spyware affects the public interest.
As a result of defendants' actions, Microsoft was injured in its business or
25 property in an amount to be proven at trial.
26
COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF - 10
PRESTON GATES & ELLIS lLP
925 FOURTH AVENUE
SUITE ~900
SEATTLE, WASHINGTON 981001_1158
TELEJ'HONE: (206) 62).1580
FACSIMILE: (206) 623-1022
)(:\001 03\02666\T JA\ T JA _P233P
"
1
41.
Defendants' actions violated RCW Ch. 19.86, and Microsoft is entitled to
2 injunctive relief and to recovery of actual damages. Microsoft is also entitled to treble
3 damages and an award of its attorneys' fees and costs.
4
5 COUNT IV
6 (Violations of tbe Wasbington Commercial Electronic Mail Act (RCW Cb.19.190) and
7 per se Violation of tbe Wasbington Consumer Protection Act (RCW Cb. 19.86)
8
42.
Microsoft realleges and incorporates by this reference each and every
9 allegation set forth in paragraphs 1 through 41 above.
10
43.
Defendants initiated the transmission, conspired with one another to initiate the
11 transmission or assisted in the transmission of commercial e-mail messages from a computer
12 located in Washington and/or to an e-mail address that they knew, or had reason to know, is
13 held by a Washington resident. Those commercial e-mail messages:
14
15
16
17
18
a)
b)
used another third party's Internet domain names without permission;
misrepresented or obscured information identifying the true point of
origin or the transmission path of a commercial electronic e-mail message; or
c)
contained false or misleading information in the subject line.
44.
As a result of defendants' actions, Microsoft has been damaged in art amount
19 to be proven at trial.
20
45.
Defendants' actions violated RCW ~ 19.190.020, and entitle Microsoft to
21 actual damages or statutory damages of $1 ,000 per e-mail, whichever is greater.
22
46.
Defendants' actions are a per se violation ofthe Washington Consumer
23 Protection Act, RCW Ch. 19.86, and they affected the public interest, are unfair or deceptive
24 acts in trade or commerce and unfair methods of competition that caused injury to Microsoft
25 in its business or property. Microsoft is entitled to treble damages and an award of its
26 attomeys' fees and costs under that Act.
COMPLAINT FOR DAMAGES AND
INJUNCTIVE REUEF - 1 I
PRESTON GA.TES & ELLIS LLP
925 FOURtH AVENUE
SUIlE2900
SEATTLE. WASHINGTON 98104.1158
'rELEPHONE: (:~06) 623-7580
FACSIMILE' (206) 61}-7tn2
K\OO 103\02858\ T JA\T JA _P:.233P
-,
1
2
3
COUNT V
(Trespass to Chattels)
47.
Microsoft realleges and incorporates by this reference each and every
4 allegation set forth in paragraphs 1 through 46 above.
5
6
48.
Microsoft's computers are its personal property.
49.
Defendants were on notice that Microsoft did not authorize their actions in any
7 way.
8
50.
Defendants have knowingly, intentionally and without authorization used and
9 intentionally trespassed upon Microsoft's property.
10
51.
As a result of defendants' actions, Microsoft has been damaged in an amount
11 to be proven at trial.
12 PRAYER FOR RELIEF
13 WHEREFORE, Microsoft respectfully requests that the Court enter judgment against
14 defendants, jointly and severally, as follows:
15
1.
That the Court issue temporary and permanent injunctive relief against
16 defendants, and that defendants, their officers, agents, representatives, servants, employees,
17 attorneys, successors and assignees, and all others in active concert or participation with
18 defendants, be enjoined and restrained from:
19
20
21
22
23
24
a)
b)
continuing to violate the Washington Computer Spyware Act;
continuing to violate the Washington Commercial Electronic Mail Act,
and the Washington Consumer Protection Act;
c)
making unauthorized use of Microsoft's computers, computer systems,
or intellectual property;
d)
harming, interfering, or adversely affecting any ofMicrosoft's
25
websites;
26
COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF - 12
PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE
SUITE 2900
SEAlTLE, WASHINGTON 911104-1I58
TELEPHONE: (206) 62).1580
FACSIMILE: (206) 623.7022
K:\OO103\02866\T JA\T JA _P233P
?
I
e)
assisting, aiding, or abetting any other person or business entity in
2
engaging in or performing any of the activities referred to in subparagraphs a) through
3
d) above.
4
2.
That the Court award Microsoft actual danlages and statutory damages, in
5 amount to be proven at trial;
6
3.
That the Court award Microsoft its attorneys' fees and costs incurred herein;
7 and
8
4,
That the Court grant Microsoft such other or additional relief as is just and
9 proper.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
DATED this 7th day of November, 2005.
PRESTON GATES .& ELLIS LLP
ByM~
David A. Bateman, WSBA # 14262
Theodore J. Angelis, WSBA #30300
Attorneys for Plaintiff
Microsoft Corporation
COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF - 13
PRESTON GATES & ELUS LLP
925 FOURTH AVENUE
SUITE. 2900
SEAtTLE, WASHINGTON 98104.1158
TELEPHONE (206) 62).7580
FACSIMILE: (206)623.7022
K:\00103\02866\ T JA\T JA _P233P
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3
4
5
6
7
8
9
10
11
,EXPO 1
IN THE SUPERIOR COURT OF THE STATE OF W ASHJNGTON
IN AND FOR THE COUNTY OF KJNG
12 MICROSOFT CORPORATION, a
Washington corporation.
No. 05-2-36781-4 SEA
ORDER GRAl'lTING MOTION FOR
ISSUANCE OF COMMISSIONS
FOR SUBPOENAS
13
14
15
16
17
18
19
20
21
22
23
24
25
Plaintiff,
v.
JOHN DOES 1-50, d/b/a mmxo.mcgaman-
network.com, ipassist.biz, nulladdress.com,
toolbarpartner.com, web-free-hosting.net,
and zerotollerance.biz,
CLERK'S ACTION REQUIRED
\S~~,
N 'lP~
Defendants.
THIS MATTER, having come before the Court on Plaintiff Microsoft
Corporation's Motion for Issuance of COInmissions for Subpoenas, and after reviewing
and considering Plaintiff's motion, all pleadings submitted in opposition, if any, and being
otherwise fully advised,
IT IS HEREBY ORDERED, that the Commissions, attached hereto as Exhibits A
through N regarding subpoenas to EstDomains, Inc., Everyones Internet, Inc., Go Daddy
ORDER GRANTING MICROSOFT'S MOTION FOR
ISSUANCE OF COM:Io!ISSIONS . 1
K:\OO103\02865\YHS\YHS_P2300
PRESTON GATES $;; ELLIS LLP
ns FOURTH A\lEhlJE
SUlTE2900
SEAlTLE, WASHINGTON 981(l4-l1Sa
TELE.t'HONE:' (206) 623-.1StO
~ACSlMILE' ~ 623-7022
T
,
'.
.
1 Software, Inc., InterCage, Inc. d/b/a Atrivo Technologies, Intercosmos Media Group, Inc.,
2 d/b/a directnic.com, Layered Technologies, Inc., Messiah College, Network Solutions,
3 LLC, NeuLevel, Inc., d/b/a Whois.biz, OnlineNlC Inc., Steven C. Watts, The Planet.com
4 Internet Services, Inc., UnifiedNames, Inc., d/b/a registerfly.com and V ortech, lnc. issue
5 out of and under the seal of this Court directed to the appropriate judicial authorities of the
6 Courts therein identified, requcsting the Courts issue subpoenas compelling the production
7 of documents identified in the attachments to the Commissions.
8 DATED this day of
9
10
11
2005. (?)~\~
-, #~O~
__~oS...f~c:>C:)
""~~CO~ ,,~~~
"'~,",' "I:) '"
fssi~' /'
Presented by: /
12 PRESTON GATES & ELLIS LLP
13
14
15
16
17
18
19
20
21
22
23
24
25
~,_'''m
Theodore J. Angelis, WSBA #30300
Attorneys for Plaintiff
Microsoft Corporation
"
~~
ORDER GRANTING MICROSOFT'S MOTION FOR
ISSUANCE OF COMMISSIONS - 2
K:\OO 103\02856\YHS\YHSJ'2300
PRESTON GATES & ELUS LLP
925 FOURTHAVE>>JLE
SUITE2900
SEATTLE, WASHINGTON 98104..IIS8
'fELEPJIOI\1i. (206) 623-7520
FACSIMILE. {106}('2l-i022
T '
. .
EXHIBIT j\
,
.
.
1
2
3
Ex parte
4
5
6
7
8
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
9 MICROSOFT CORPORATION, a
Washington corporation,
10
11
12
Plaintiff,
No 05-2-36781-4 SEA
COMMISSION FOR SUBPOENA
DIRECTED TO ESTDOMAINS,
INC.
v.
JOHN DOES I-50, d/b/a
13 mmxo.megaman-network.com,
ipassist.biz, nulladdress.com,
14 toolbarpartner.co~ web-fi:ee-hosting.net,
and zerotollerance.biz
15 Defendants.
16 THE PEOPLE OF TIlE STATE OF WASHINGTON TO:
17 SUPERIOR COURT OF NEW CASTLE COUNTY, DELAWARE
18
19 Pursuant to the Order of the above-entitled Court, made on application of Plaintiff,
20 you arc hereby requested to issue, by your proper and usual process, a Subpoena
21 compelling EstDomains, Inc. to produce documents identified in Attachment A.
22
23 DATED:
24
25
Clerk of the Court
By
Deputy
COMMISSION FOR SUBPOENA DIRECTED TO
ES1DOMAINS, INC. - 1
K:\00103\0265S\YHS\YHS_P23(1P
PRESTOS GATES & EWS LLP
92S FOUR.TH A VF.>IUE
SUITE 2900
SEATTl.E, WASHINGTON 98104_1 [53
'TELEPHONE; (206) 613-7580
fACSJMlLE: (206)62.3-7022
.
.
Attachment A
I. Definitions
A. "Document" means any written, recorded or graphic matter, however
produced or reproduced, and includes but is not limited to all correspondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statements, audiotapes, and
videotapes. It also includes any electronic record, which means any data files that are
contained within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network file servers, mainframes or minicomputers. The term also includes any
backup tapes, electronic messages, or mail (electronic or otherwise).
B. "Person" or "persons" includes individuals, cOIllorations and all other
entities (incorporated or otherwise).
C. "You" or "your" means Estdomains, Inc. ("Estdomains"), its agents,
servants, attorneys, private investigators, employees, former employees, predecessors and
successors in interest, other representatives and others who are in the possession of, or
may have obtained information for or on behalf of any of the aforementioned persons. It
also means any parent, subsidiary, related or affiliated entity using the name Estdomains,
or that is otherwise affiliated with any of the aforementioned entities, that has custody or
control of any documents listed below.
1. Any services provided in relation to a website or websites hosted at
these domain names;
2. The names, addresses, telephone numbers, ('-mail addresses,
successors in interest, and social security numbers or tax
identification numbers for the Registrant(s), Administrative
Contact(s), and Teclmical Contact(s) (hereinafter "contact
information") provided when these domain names were originally
II. Requests for Production
A. Please produce any and all documents reflecting or relating to the
registration, assignment or use of the following domain names or any websites hosted by
you at these domain names:
toolbarpartner.com
clickmonsters.com
daocash.com
daotalk.com
lbis request for documents includes, but is not limited to, documents reflecting or
relating to:
. .
registered or when you began providing services related to a
web site hosted at these domain names;
3. The date and content of all changes to the contact information;
4. The establishment of any account related to the rcgistration or use
of these domain names or a website hosted at any of these domain
names;
5. Billing records related to the registration or use of these domain
names, any websites hosted at these domain names, or any account
relatcd thereto;
6. Payment information, including but not limited to credit card
numbers, bank account numbers, cancell,Xl checks (both front and
back), wire transfers, any type of electronic payment, or other
credit arrangements, submitted in conncction with services
provided for this domain name and any a<:counts related thereto;
7. Any contact information for reseUers who may have initially or
subsequently registered these domain nm:nes or who host websites
at these domain names;
8. Connections to or use of accounts related to these domain names,
including any and all IP addresses used to access those accounts;
9: Complaints of abuse regarding these domain names or websites
hosted at these domain names, including the results of any
investigation; and
10. Electronic copies of all data posted by Estdomains user(s) to these
websites, including any data maintained by Estdomains in the
course of business or as a result of any preservation request or
other inquiry.
B. Please identify any and all other domain names or websites for which
services were provided by you, for which the customer, subscriber, or reseUer provided
contact, registration, or payment information that was substantially the same as the
information submitted for any ofthe domain names listed in paragraph IT.A. For each
such other domain name, please produce any and all documents r'oflecting or relating to
the services you provided, including but not limited to documents reflecting or relating to
the information described in subparagraphs (1) through (10) of paragraph IIA.
K;\o0103\02SSG\YHs\YHS_P2313
. .
EXHIBIT ]3
.
1
2
3
4
5
6
7
8
.
Ex parte
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
9 MICROSOFT CORPORATION, a
Washington corporation,
10
11
12
Plaintiff,
v.
No 05-2-36781-4 SEA
COMMISSION FOR SUBPOENA
DIRECTED TO EVERYONES
INTERNET, INC.
16 THE PEOPLE OF THE STATE OF WASHINGTON TO:
17 THE DISTRICT COURT OF HARRIS COUNTY, TEXAS
18
JOHN DOES 1-50, d/b/a
13 mmxo.megaman-network.com,
ipassist.biz, nulladdress.com,
14 toolbarpartner.com, web-free-hosting.net,
and zerotollerance.biz
15 Defendants.
19 Pursuant to tbe Order of the above-entitled Court, made 011 application of Plaintiff,
20 you are hereby requested to issue, by your proper and llsual process, a Subpoena
21 compelling Everyones Internet, Inc. to produce documents identified in Attachment A.
22
23 DATED:
24
25
COMMISSION FOR SUBPOENA DIRECTED TO
EVERYONES lNTERNET, INC. - I
K:\O0103\02866\YHS\YHS_P230Q
Clerk of the Court
By
Deputy
pRESTON GA l'ES & E:LLIS LLP
!n.5 FOURTH AVENUE
SUl"tE2900
SEAInE, WASmNGTON 9B104-1158
TELEPH(>>ffi.: (206J 623_7580
FACSIMILE. (206) 623_ "lOll
.
.
Attachment A
I. Definitions
A. "Document" means any writtcn, recorded or graphic matter, however
produced or reproduced, and includes but is not limited to all correspondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statem<mts, audiotapes, and
videotapes. It also includes any electronic record, which means any data files that are
contained within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network tile servers, mainframes or minicomputers. The term also includes any
backup tapes, electronic messages, or mail (electronic or otherwise).
B. "Person" or "persons" includes individuals, corporations and all other
entities (incorporated or otherwise).
C. "You" or "youf" means Everyones Internet, Inc. ("Everyones Internet"), its
agents, servants, attorneys, private investigators, employees, fonner employees,
predecessors and successors in interest, other representatives and others who are in the
possession of, or may have obtained information for or on behalf of any of the
aforementioned persons. It also means any parent, subsidiary, related or affiliated entity
using the name Everyones Internet, or that is otherwise affiliated with any of the
aforementioned entities, that has custody or control of any documents listed below.
J. The assignment of this IP address to any subscriber or other
person;
2. The names, addresses, telephone numbers, e-mail addresses, and
social security numbers or tax identification numbers initially
provided by the persons or entities that contracted for your services
in relation to this IP address;
3. The date and content of all changes to this information;
4. The establishment of any account related to the services you
provided in relation to this IP address;
5. Billing and service records related to this IF' address and any
accounts and domains related thereto;
6. Payment information, including but not limited to credit card
numbers, bank account numbers, cancelled checks (both front and
back), wire transfers, any type of electronic payment, or other
credit arrangements, submitted in connection with services
II. Requests for Production
A. Please produce any and all documents reflecting or relating to the services
you provided to any persons who used or were otherwise in possession of the IP address
67.15.197.40 from 11/112005 to 1117/2005. This request for documents includes, but is
not limited to, documents reflecting or relating to:
. .
provided for this IP address and any accounts or domains relatcd
thereto;
7. Connections to or use of this lP address, including any and alllP
addresses used to access it;
8. Volumes and duration of activity or use of this lP address and any
related domains;
9. Any complaints of abuse regarding this IP address or related to
web sites hosted on that server;
10. The results of any investigation into complaints about this lP
address; and
11. Electronic copies of all data posted by Everyone's Internet user(s)
to this lP address, including any data maintained by Everyone's
Internet in the course of business or as a result of any preservation
request or other inquiry.
B. Please produce any and all other documents reflecting or relating to any
and all other lP addresses owned by, hosted by, assigned to, or allocated to you, for
which the customer or subscriber provided contact, registration, or payment information
that was the same or substantially similar as the information submitted for the lP address
listed in paragraph II.A. For each such other lP address, please produce any and all
documents reflecting or relating to the services you provided, induding but not limited to
documents reflecting or relating to the information described in subparagraphs (l)
through (11) of paragraph ll.A.
K:\OO103\02B66\YHS\YHS]2314
--
-- --
. .
EXHIBIT C
-------
.
.
1
2
3
4
5
6
Ex parte
7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
8
9 MICROSOFT CORPORATION, a
Washington corporation,
No 05-2-36781-4 SEA
COMMISSION FOR SUBPOENA
DIRECTED TO GO DADDY
SOFTWARE, INC.
10
11
12
Plaintiff,
v.
JOHN DOES 1-50, d/b/a
13 mmxo.megaman-network.com,
ipassist.biz, nulladdress.com,
14 toolbarpartner.com, web-free-hosting.net,
and zerotollerance.biz
15 Defendants.
16 THE PEOPLE OF THE STATE OF W ASIDNGTON TO:
17 SUPERIOR COURT OF MARICOPA COUNTY, ARIZONA
18
19 Pursuant to the Order of the above-entitled Court, made on application of Plaintiff,
20 you are hereby requested to issue, by your proper and usual process, a Subpoena
21 compelling Go Daddy Software, Inc. to produce documents identified in Attachment A.
22
23 DATED:
24
25
Clerk of the Court
By
Deputy
COMMISSION FOR SUBPOENA DIRECTED TO
GO DADDY SOFIW ARE, me. - 1
PRESTON GA -rES & ELUS LLP
923 fOURTH AVRNtJE
surrn lllOO
SEAITLE, WASffiNGTON 91U04-U58
TELEPHONE, (206) 1523.7580
FN:S.IMIl..:E;('206) 623.1O-U
K:IO01D3'102856\YHS'\YHS_P23OR
.
.
Attachment A
I. Definitions
A. "Document" means any written, recorded or graphic niatter, however
produced or reproduced, and includes but is not limited to all correspondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statements, audiotapes, and
videotapes. It also includes any electronic record, which means any data files that Me
contained within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network file servers, mainframes or minicomputers. The term also includes any
backup tapes, electronic messages, or mail (elcctronic or otherwise).
B. "Person" or "persons" includes individuals, corporations and all other
entities (incorporated or otherwise).
C. "You" or "your" means Go Daddy Softwarc, Inc. ("Go Daddy''), its
agents, servants, attorneys, private investigators, employees, fonner employees,
predecessors and successors in interest, other representatives and, others who are in the
possession of, or may have obtained information for or on behalf of any of the
aforementioned persons. It also means any parent, subsidiary, related or affiliated entity
using the name Go Daddy, or that is otherwise affiliated with any of the aforementioned
entities, that has custody or control of any documents listed below.
1. Any services provided in relation to a website or websites hosted at
this domain name;
2. The names, addresses, telephone numbers, e-mail addresses,
successors in interest, and social security numbers or tax
identification numbers for the Registrant(s)" Administrative
Contact(s), and Technical Contact(s) (hereinafter "contact
information") provided when this domain name were originally
registered Qr when you began providing services related to a
website hosted at this domain name;
3. The date and content of all changes to the contact information;
4. The establishment of any account related to the registration or use
of this domain name or a website hosted at any of this domain
name;
5. Billing records related to the registration or IlSC of this domain
name, any websites hosted at this domain name, or any account
related thereto;
II. Requests lor Production
A. Please produce any and all documents reflecting or relating to the
registration, assignment or use of the domain name zerotollerance.biz or any web sites
hosted by you at this domain name. This request for documents includes, but is not
limited to, documents reflecting or relating to:
. .
6. Payment information, including but not limited to credit card
numbers, bank account numbers, cancel"led checks (both front and
back), wire transfers, any type of electronic payment, or other
credit arrangements, submitted in conneetion with services
provided for this domain name and any accounts related thereto;
7. Any contact information for resellers who may have initially or
subsequently registered this domain name or who host websites at
this domain name;
8. COImections to or use of accounts related to this domain name,
including any and all IP addresses used to access those accounts;
9. Complaints of abuse regarding this domain name or websites
hosted at this domain name, including the results of any
investigation; and
10. Electronic "Copies of all data posted by Gel Daddy user(s) to these
websites, including any data maintained by Go Daddy in the
course of business or as a result of any preservation requcst or
other inquiry.
B. Please identify any and all other domain names or web sites for which
services were provided by you, for which the customer, subscriber, or reseUer provided
contact, registration, or payment information that was substantially thc same as the
information submitted for the domain name listed in paragraph ItA. For each such other
domain name, please produce any and all documents reflecting or relating to the services
you provided, including but not limited to documents reflecting or relating to the
information described in subparagraphs (1) through (10) of paragraph II.A.
K\OO1 03\02866\YI4S\YHS_P2315
. .
EXHIBIT ])
.
.
1
2
3
4
5
6
7
8
Ex parte
IN THE SUPERIOR COURT OF THE 8T ATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
9 MICROSOFT CORPORATION, a
Washington corporation,
10
11
12
Plaintiff,
No 05-2-36781-4 SEA
COMMISSION FOR SUBPOENA
DIRECTED TO INTER CAGE, INC.
v.
JOHN DOES I-50, dJb/a
13 mmxo.megaman-network.com,
ipassist.biz, nulladdress.com,
14 to01barpartner.com, web-free-hosting.net,
and zcrotollerance.biz
15 Defendants.
16 THE PEOPLE OF THE STATE OF WASHINGTON TO:
17 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
18
19 Pursuant to the Order ofthe above-entitled Court, made on application of Plaintiff,
20 you are hereby requested to issue, by your proper and usual process, a Subpoena
21 compelling Intercage, Inc. to produce docwnents identified in Attachment A.
22
23 DATED:
24
25
Clerk of the Court
By
Deputy
COMMISSION FOR SUBPOENA DIRECTED TO
INTERCAGE, lNC, - I
K:\OO103\0266G\YK9.YHS ...P230S
PRESTON GATES &: ELLIS UP
9ts FOURTIf AVe,"UE
SUITE.2900
SEATI1..E,WASFD'NGTON 91104-1158
T'ELEPHONE: (2.0611U3- "ml.o
FACSIMILE; (206) 623.7022
.
.
Attachment A
I. Definitions
A. "Document" means any written, recorded or graphic matter, however
produced or reproduced, and includes but is not limited to aU correspondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statements, audiotapes, and
videotapes. It also includes any electronic record, which means any data files that are
contained within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network file servers, mainframes or minicomputers. The term also includes any
backup tapes, electronic messages, or mail (electronic or otherwise).
B. "Person" or "persons" includes individuals, corporations and all other
entities (incorporated or otherwise).
C. "You" or ''your'' means InterCage, Inc. d/b/a Atrivo (''InterCage''), its
agents, servants, attorneys, private investigators, employees, former employees,
predecessors and successors in interest, other representatives and others who are in the
possession of, or may have obtained information for or on behalf of any of the
aforementioned persons. It also means any parent, subsidiary, related or affiliated entity
using the name InterCage, or that is otherwise affiliated with any of the aforementioned
entities, that has custody or control of any documents listed below.
n. Requests for Production
A. Please produce any and all documents reflecting or relating to the services
you provided to any persons who used or were otherwise in possllssion of the following
IP addresses:
69.50.166.74 from 9/14/2005 through 111712005
69.50.166.76 from 11/1/2005 through 111712005
This request for documents includes, but is not limited to, documents reflecting or
relating to:
1. The assignment of these IP addresses to any subscriber or other
person;
2. The names, addresses, telephone numbers, e-mail addresses, and
social security numbers or tax identification numbers initially
provided by the persons or entities that contracted for your services
in relation to these IP addresses;
3. The date and content of all changes to this information;
4. The establishment of any account related to the services you
provided in relation to these IP addresses;
5. Billing and service records related to these IP addresses and any
accounts and domains related thereto;
. .
6. Payment infonnation, including but not limited to credit card
numbers, bank account numbers, cancelled checks (both front and
back), wire transfers, any type of electronic payment, or other
credit arrangements, submitted in connection with services
provided for these IP addresses and any accounts or domains
related thereto;
7. Connections to or use of these IP addresses, including any and all
IP addresses used to access it;
8. Volumes and duration of activity or use of these IP addresses and
any related domains;
9. Any complaints of abuse regarding these: IP addresses or related to
web sites hosted on that server; and
10. The results of any investigation into complaints about these IP
addresses.
11. Electronic copies of all data posted by InterCage user(s) to these IP
addresses, including any data maintained by InterCage in the
course of business or as a result of any preservation request or
other inquiry.
B. Please produce any and all other documents reflecting or relating to any
and all other IP addresses owned by, hosted by, assigned to, or allocated to you, for
which the customer or subscriber provided contact, registration, or payment infonnation
that was the same or substantially similar as the information submitted for the IP
addresses listed in paragraph II.A. For each such other IP address, please produce any
and all documents reflecting or relating to the services you provided, including but not
limited to documents reflecting or relating to the infonnation described in subparagraphs
(1) through (11) of paragraph lI.A.
K:\OO103VJ2666\YHS\YHS_P2318
. .
EXHIBIT E
.
1
2
3
4
5
6
7
8
.
Ex parte
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
9 MICROSOFT CORPORATION, a
Wasbington corporation,
10
11
12
Plaintiff,
v.
No 05-2-36781-4 SEA
COMMISSION FOR SUBPOENA
DIRECTED TO INTERCOSMOS
MEDIA GROUP, INC. D/B/A
DIRECTNIC.COM
16 THE PEOPLE OF THE STATE OF WASHINGTON TO:
17 THE CIVIL DISTRlCf COURT FOR THE PARISH OF ORLEANS, LOUISIANA
JOHN DOES 1-50, d/b/a
13 nunxo.megaman-network.com,
ipassist.biz, nulladdress.com,
14 toolbarpartner.com, web-free-hosting.net,
and zerotollerance.biz
15 Defendants.
18 Pursuant to the Order of the above-entitled Court, made on application of Plaintiff,
19 you are hereby requested to issue, by your proper and usual process, a Subpoena
20 compelling Intercosmos Media Group, Inc. d/b/a directnic.com to produce documents
21 identified in Attachment A.
22
23 DATED:
24
25
COMMISSION FOR SUBPOENA DIRECTED TO
INTERCOSMOS MEDIA GROUP, INC. D/B/A
DIRECTNIC.COM - I
KIOQ103'102!lS6\YHSIYHS]23.OT
Clerk of the Court
By
Deputy
PREstO}f GATES &. ELUS u.p
92.5 FOURTH AVlNUE
stlln;29OIl
SEATTLE. WASHINGTON 9Kt04-11~a
'rnLEmONE; (206) 613-7$l10
'FACSlMn.'E (206) 621-7022
.
.
Attachment A
I. Definitions
A. "Document" means any written, recorded or graphic matter, however
produced or reproduced, and includes but is not limited to all correspondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statements, audiotapes, and
videotapes. It also includes any electronic record, which means any data files that are
contained. within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network file servers, mainframes or minicomputers. The term also includes any
backup tapes, electronic messages, or mail (electronic or otherwise).
B. "Person" or "persons" includes individuals, corporations and all other
entities (incorporated or otherwise).
c. "You" or ''your'' means Intercosmos Media Group, Inc., d/b/a
directnic.com ("Intercosmos"), its agents, servants, attorneys, private investigators,
employees, former employees, predecessors and successors in interest, other
represeniatives and others who are in the possession of, or may have obtained
information for or on behalf of any of the aforemeotioned persons. It also means any
parent, subsidiary, related or affiliated entity using the name Inte.rcosmos, or that is
otherwise affiliated with any of the aforementioned entities, that has custody or control of
any documents listed below. .
ll. Requests for Production
A. Please produce any and all documents reflecting or relating to the
registration, assignment or use of the domain name f2s.info or any websites hosted by
you at this domain name. This request for documents includes, but is not limited to,
documents reflecting or relating to:
I. Any services provided in relation to a website or websites hosted at
these domain names;
2. The names, addresses, telephone numbers, e-mail addresses,
successors in interest, and social security nlunbers or tax
identification numbers for the Registrant( s), Administrative
Contact(s), and Technical Contact(s) (hereinafter "contact
information") provided when these domain names were originally
registered or when you began providing services related to a
website hosted at these domain names;
3. The date and content of all changes to the c'mtact information;
4. The establishment of any account related to the registration or use
of these domain names or a website hosted at any of these domain
names;
5. Billing records related to the registration or llse ofthese domain
names, any web sites hosted at these domain names, or any account
related thereto;
. .
6. Payment infonnation, including but not limited to credit card
numbers, bank account numbers, canceIled checks (both front and
back), wire transfers, any type of eleetronic payment, or other
credit arrangements, submitted in connection with services
provided for this domain name and any accounts related thereto;
7. Any contact infonnation for resellers who may have initially or
subsequently registered these domain names or who host websites
at these domain names;
8. Connections to or use of accounts related to these domain names,
including any and all IP addresses used to access those accounts;
and
9. Complaints of abuse regarding these domain names or websites
hosted at these domain names, including the results of any
investigation.
10. Electronic copies of all data posted by Intercosmos user(s) to these
websites, including any data maintained by Intercosmos in the
course ofbusiuess or as a result of any preservation request or
other inquiry.
B. Please identify any and all other domain names or websites for which
services were provided by you, for which the customer, subscriber, or reseller provided
contact, registration, or payment information that was substantially the same as the
information submitted for any of the domain names listed in pamgraph ILA. For each
such other domain name, please produce any and all documents :reflecting or relating to
the services you provided, including but not limited to documents reflecting or relating to
the information described in subparagraphs (1) through (10) of paragraph II.A.
K:\oo10S\0286&\YHSWHS)'23'7
. .
EXHIBIT ~F
I. Definitions
.
.
Attachment A
A. "Document" means any written, recorded or graphic matter, however
produced or reproduced, and includes but is not limited to all c:orrespondence, notes,
memoranda, contracts, records, invoices, bills, rcceipts, statements, audiotapes, and
videotapes. It also includes any electronic record, which means any data files that are
contained within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network file servers, mainframes or minicomputers. The term also includes any
backup tapes, electronic messages, or mail (electronic or othenvise).
B. "Person" or "persons" includes individuals, corporations and all other
entities (incorporated or otherwise).
c. "You" or "your" means Layered Technologies, Inc. ("Layered
Technologies"), its agents, servants, attorneys, private investigators, employees, fonner
employees, predeccssors and successors in interest, other representatives and others who
are in the possession of, or may have obtained infonnation for or on behalf of any of the
aforementioned persons. It also means any parent, subsidiary, related or affiliated entity
using the name Layered Technologies, or that is otherwise affili:ated with any of the
aforementioned entities, that has custody or control of any documents listed below.
II. Requests for Production
A. Please produce any and all documents reflecting or relating to the services
you provided to any persons who used or were otherwise in possession of the IP address
64.92.173.46 from 11/112005 to 111712005. This request for documents includes, but is
not limited to, documents reflecting or relating to:
1.
The assignment of this IP address to any subscriber or other
person;
The names, addresses, telephone numbers, e-mail addresses, and
social security numbers or tax identification numbers initially
provided by the persons or entities that contracted for your services
in relation to this IP addresses;
The date and content of all changes to this information;
The establishment of any account related to the services you
provided in relation to this IP addresses;
Billing and service reeords related to this II" addresses and any
accounts and domains related thereto;
Payment information, including but not limited to credit card
numbers, bank account numbers, cancelled checks (both front and
back), wire transfers, any type of electronic payment, or other
credit arrangements, submitted in connection with services
2.
3.
4.
5.
6.
. .
provided for this IP address and any acc.ounts or domains related
thereto;
7. Connections to or use of this IP addresses, including any and all IP
addresses used to access it;
8. Volumes and duration of activity or use of this lP addresses and
any related domains;
9. Any complaints of abuse regarding this IP addresses or related to
web sites hosted on that server;
10. The results of any investigation into complaints about this IP
addresses; and
11. Electronic copies of all data posted by Layered Technologies
user(s) to this IP addresses, including any data maintained by
Layered Technologies in the course of business or as a result of
any preservation request or other inquiry.
B. Please produce any and all other documents reflecting or relating to any
and all other IP addresses owned by, hosted by, assigned to, or allocated to you, for
which the customer or subscriber provided contact, registration, or payment information
that was the same or substantially similar as the infonnation submitted for the IP address
listed in paragraph ILA. For each such other IP address, please produce any and all
documents reflecting or relating to the services you provided, inGluding but not limited to
documents reflecting or relating to the information described in subparagraphs (I)
through (II) of paragraph llA
K:\OO103102866\YHS\Y/'IS]2319
. .
EXHIBIT G
~,- ---------- ------
---- --- -
.
.
I
2
3
4
Ex parte
5
6
7
8
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF :KIl'JG
9 MICROSOFT CORPORATION, a
Washington corporation,
No 05-2-36781-4 SEA
COMMISS10N FOR SUBPOENA
DIRECTED TO MESSIAH
COLLEGE
10
11
12
Plaintiff,
v.
JOHN DOES 1-50, d/b/a
13 mrnxo.megaman-network.com,
ipassist.biz, nulladdress.com,
14 toolbarpartner.com, web-free-hosting.net,
and zerotollerance.biz
15 Defendants.
16 THE PEOPLE OF THE STATE OF WASHINGTON TO:
17 THE CUMBERLAND COUNTY COURT OF COMMON PLEAS,
18 COMMONWEALTH OF PENNSYLVANIA
19 Pursuant to the Order of the above-entitled Court, made on application of Plaintiff,
20 you are hereby requested to issue, by your proper and usual process, a Subpoena
21 compelling Messiah College to produce documents identified in Attachment A.
22
23 DATED:
24
25
Clerk of the Court
By
Deputy
COMMISSION FOR SUBPOENA DIRECTED TO
MESSIAH COLLEGE - 1
PRESTON GATES & EI..us UP
$Ill FOURTH AVENUE
=-
SEAm-a WASmNGTON 9tl04-m:a
TELEPHONE: (206) 62).7580
YAcstMIl.'E:12OOl623.70ll
K:\OO103\02866\YHS\ytIS-'~230W
.
.
Attachment A
I. Definitions
A. "Document' means any written, recorded or graphic matter, however
produced or reproduced, and includes but is not limited to all correspondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statements, audiotapes, and
videotapes. lt also includes any electronic record, which means any data files that are
contained within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network file servers, mainframes or minicomputers. The tenn also includes any
backup tapes, electronic messages, or mail (electronic or otherwise).
B. "Person" or "persons" includes individuals, corporations and all other
entities (incorporated or otherwise).
c. "You" or "your" means Messiah College, its agents, servants, attorneys,
private investigators, employees, former employees, predecessors and successors in
interest, other representatives and others who are in the possession of, or may have
obtained information for or on behalf of any of the aforementioned persons. It also
means any parent, subsidiary, related or affiliated entity using the name Messiah College,
or that is otherwise affiliated with any of the aforementioned entities, that has custody or
control of any documents listed below.
II. Requests for Production
A. Please produce any and all documents reflecting or relating to the
registration, assignment or use of the ernail address sw1208@messiah.edu. This request
for documents includes, but is not limited to, documents reflecting or relating to:
1. Any services you provided in relation to this email address;
2. All contact information, including but not limited to the names,
addresses, telephone numbers, facsimile numbers, ernail addresses
provided to you by the customer who creatl~d or was provided
access to the email address when this email address were originally
established or when you began providing services related this
email address;
3. The date and substance of all changes to tht: contact information
identified in response to the previous paragraph;
4. All fmancial records, such as billing records or records of
payments received, related to the creation, registration or use of
this email address, or any account related thereto;
5. Payment information, including but not limited to credit card
numbers, bank account numbers, cancelled checks (both front and
back), wire transfers, any type of electronic payment, or other
credit arrangements made in connection with establishment or use
of this email address; and
. .
6. Records, such as logs, of the IP Addresses used to access accounts
related to this email address.
B. Please identifY all other email addresses or other products or services for
which the person identified in response to Section ILA. provided the same
contact, registration, or payment infonnation. For each such other cmail address
or service, please produce all documents reflecting or n~lating to the services you
provided, including but not limited to documents reflecting or relating to the
information described in subparagraphs (1) through (6) of Section II.A.
K;\oo103\D2866WHSIYHS_P231A
. .
EXHIBIT 1-1
.
.
1
2
3
4
Ex parte
5
6
7
8
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
9 MICROSOFT CORPORATION, a
Washington corporation,
10
11
12
Plaintiff,
No 05-2-36781-4 SEA
COMMISSION FOR SUBPOENA
DIRECTED TO NETWORK
SOLUTIONS, LLC
v.
JOHN DOES 1-50, dJb/a
13 mmxo.megaman-network.com,
ipassist.biz, nulladdress.com,
14 toolbarpartner.com, web-free-hosting.net,
and zerotollerance.biz
15 Defendants.
16 THE PEOPLE OF THE STATE OF WASIDNGTON TO:
17 FAIRFAX CIRCUIT COURT, THE 19TH JUDICIAL CIRCUIT OF VIRGINIA
18
19 Pursuant to the Order of the above-entitled Court, made Olll application of Plaintiff,
20 you are hereby requested to issue, by your proper and usual process, a Subpoena
21 compelling Network Solutions, LLC to produce documents identified in Attaclnnent A.
22
23 DATED:
24
Clerk ofthe Court
25
By
Deputy
COMMISSION FOR SUBPOENA DIRECTED TO
NETWORK SOLUTIONS, LLC - 1
1(;\oo103\02866\YHS\YHS_P230X
PRESTON OATES &. EllIS LLP
925 FOURTI1 AVENUE
surm2900
SEATTLE, WA.S1IlNGTON 93tQ4..l1S&
'TElEPHOJ-,1!.,> (206) 623,iSSO
FA.CSIMn..E:(106)623.70v.
.
.
Attachment A
10 Definitions
A. "Document" means any written, recorded or gmphic matter, however
produced or reproduced, and includes but is not limited to all correspondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statements, audiotapes, and
videotapes. It also includes any electronic record, which means any data files that are
contained within: an office desktop computer/workstation; a notcbook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network file servers, mainframes or minicomputers. The term also ineludes any
backup tapes, electronic messages, or mail (electronic or otherwise).
B. "Person" or "persons" includes individuals, corporations and aU other
entities (incorporated or otherwise).
c. "You" or "your" means Network Solutions, LLC ("Network Solutions"),
its agents, servants, attorneys, private investigators, employees, former employees,
predecessors and successors in interest, other representatives and others who are in the
possession of, or may have obtained information for or on behalf of any of the
aforementioned persons. It also means any parent, subsidiary, related or affiliated entity
using the name Network Solutions, or that is otherwise affiliated with any of the
aforementioned entities, that has custody or control of any documents listed below.
II. Requests for Production
A. Please produce any and all documents reflecting or relating to the
registration, assignment or use of the following domain names or any web sites hosted by
you at these domain names:
eblocsocom
web2mailocom
This request for documents includes, but is not limited to, documents reflecting or
relating to:
I. Any services provided in relation to a website or websites hosted at
these domain names;
2. The names, addresses, telephone numbers, e-mail addresses,
successors in interest, and social security numbers or tax
identification numbers for the Registrant(s), Administrative
Contact(s), and Technical Contact(s) (hereinafter "contact
infonnation") provided when these domain names were originally
registered or when you began providing services related to a
website hosted at these domain names;n3. The date and content of all changes to the contact information;
. .
4. The establishment of any account relatcd to the registration or use
of thesc domain names or a websitc hosted at any of these domain
names;
5. Billing records related to the registration or use of these domain
names, any web sites hosted at these domain names, or any account
related thereto;
6. Payment information, including but not limited to credit card
numbers, bank account numbers, cancelled checks (both front and
back), wire transfers, any type of electronic payment, or other
credit arrangements, submitted in connection with services
provided for these domain names and any accounts related thereto;
7. Any contact information for resellers who may have initially or
subsequently registered these domain names or who host websites
at these domain names;
8. Connections to or use of accounts related to these domain names,
including any and all IP addresses used to access those accounts;
9. Complaints of abuse regarding these domain names or websites
hosted at these domain names, including the results of any
investigation; and
10. Electronic copies of all data posted by Network Solutions user( s)
to these websites, including any data maintained by Network
Solutions in the course ofbusincss or as a result of any
preservation request or other inquiry.
B. Please identify any and all other domain names or websites for which
services were provided by you, for which the customer, subscribe:r, or rescUer provided
contact, registration, or payment infonnation that was substantially the same as the
information submitted for any of the domain names listed in paragraph II.A. For each
such other domain name, please produce any and all documents r<eflecting or relating to
the services you provided, including but not limited to documents reflecting or relating to
the information described in subparagraphs (1) through (10) of paragraph 1l.A.
K:\00103\02S66\YHS\YIiS_P231B
. .
EXHIBIT I
.
.
1
2
3
4
5
Ex parte
6
7
8
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
9 MICROSOFT CORPORATION, a
Washington corporation,
No 05-2-36781-4 SEA
COMMISSION FOR SUBPOENA
DIRECTED TO NEULEVEL, INC.
D/B/A WHOIS.BIZ
10
11
12
13
14
15
16
17
18
19
20
21
22
23 DATED:
Plaintiff,
v.
JOHN DOES 1-50, d/b/a
mm:xo.megaman-network.com,
ipassist.biz, nuIladdress.com,
toolbarpartner.com, web-free-hosting.net,
and zerotollerance:biz
Defendants.
THE PEOPLE OF THE STATE OF WASHINGTON TO:
HENRICO CIRCUIT COURT, THE 14TH JUDICIAL CIRL'UIT OF VIRGINIA
Pursuant to the Order of the above-entitled Court, made on application of Plaintiff,
you are hereby requested to issue, by your proper and usual process, a Subpoena
compelling NeuLevel, Inc. d/b/a Whois.biz to produce documents identified in
Attachment A.
Clerk of the Court
24
25
By
Deputy
COMMISSION FOR SUBPOENA DIR.ECfED TO
NEULEVEL, INC. D/B/A WilOIS.BIZ - 1
PRESTON GATES & EllIS LLP
925 FOVRllf AVENUE
st.'ITE2900
SUTTI..E.W~N 9!104-IlSS
7BLEPHONB, (21)5) 623.758.0
FACStMfLE. (206)623_7022
K:\OO103\CZa66\'f}.lS\YHS]23oY
.
.
Attachment A
I. Definitions
A. "Document" means any written, recorded or graphic matter, however
produced or reproduced, and includes but is not limited to all correspondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statements, audiotapes, and
videotapes. 1t also includes any electronic record, which means any data files that are
contained within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network file servers, mainframes or minicomputers. The term also includes any
backup tapes, electronic messages, or mail (electronic or otherwisc).
B. "Person" or ''persons'' includes individuals, corporations and all other
entities (incorporated or otherwise).
c. "You" or ''yaw'' means NeuLevel d/b/a Whois.bi:~ ("NeuLevel"), its
agents, servants, attomeys, private investigators, employees, fOTIner employees,
predecessors and suceessors in interest, other representatives and others who are in the
possession of, or may have obtained infonnation for or on behalf of any of the
aforementioned persons. It also means any parent, subsidiary, relatcd or affiliated entity
using the name NeuLevel, or that is otherwise affiliated with any of the aforementioncd
entities, that has custody or control of any documents listed below.
II. Requests for Production
A. Please produce any and all documents reflecting or relating to the
registration, assignment or use of the domain name hotsearch.biz or any websites hosted
by you at this domain name. This rcquest for documents includes, but is not limited to,
documents reflecting or relating to:
1. Any services provided in relation to a website or websites hosted at
this domain name;
2. The names, addresses, telephone numbers, <e-mail addresses,
successors in interest, and social security mlDlbers or tax
identification numbers for the Registrant(s}, Administrative
Contact(s), and Technical Contact(s) (hereinafter "contact
information") provided when this domain name were originally
registered or when you began providing services related to a
website hosted at this domain name;
3. The date and content of all changes to the ccmtact information;
4. The establishment of any aecount related to the registration or use
of this domain name or a website hosted at any of this domain
name;
5. Billing records related to the rcgistration or use of this domain
name, any websites hosted at this domain name, or any account
related thereto;
. .
6. Payment infonnation, including but not limited to credit card
numbers, bank account numbers, cancelled checks (both front and
back), wire transfcrs, any type of electronic payment, or other
credit arrangements, submitted in connection with services
provided for this domain name and any accounts related thereto;
7. Any contact infonnation for resellers who may have initially or
subsequently registered this domain name or who host websites at
this domain name;
8. Connections to or use of accounts related to this domain name,
including any and all IP addresses used tl~ access those accounts;
9. Complaints of abuse regarding this domain name or websites
hosted at this domain name, including the results of any
investigation; and
10. Electronic copies of all data posted by N(mLevel user(s) to these
websites, including any data maintained by NeuLevel in the course
of business or as a result of any preservation request or other
inquiry.
B. Please identify any and all other domain names or web sites for which
services were provided by you, for which the customer, subscriber, or reseller provided
contact, registration, or payment information that was substantiaUy the same as the
infonnation submitted for the domain name listed in paragraph ILA. For each such other
domain name, please produce any and all doeuments reflecting or relating to the services
you provided, including but not limited to documents reflecting or relating to the
infonnation described in subparagraphs (1) through (10) of paragraph 1I.A.
1<:\OO103\02866\YHS\YHS]23tC
. .
EXHIBIT J
.
.
1
2
3
4
5
6
7
8
Ex parte
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
9 MICROSOFT CORPORATION, a
Washington corporation,
10
11
12
Plaintiff,
No 05-2-36781-4 SEA
COMMISSION FOR SUBPOENA
DIRECTED TO ONLINENIC ING.
v.
JOHN DOES 1-50, d/b/a
13 mrnxo.megaman-network.com,
ipassist.biz, nulladdress.com,
14 toolbarpartner.com, web- free-hosting.net,
and zerotollerance.biz
15 Defendants.
16 THE PEOPLE OF THE STATE OF WASHINGTON TO:
17 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
18
19 Pursuant to the Order of the above-entitled Court, made on application of Plaintiff,
20 you are hereby requested to issue, by your proper and usual process, a Subpoena
21 compelling OnlineNlC Inc. to produce documents identified in Atltachment A.
22
23 DATED:
24
25
Clerk of the Court
By
Deputy
COMMISSION FOR SUBPOENA DJRECTED TO
ONLINENIC INC.- I
PRESTON GATES &. ELLIS LL1"
911f"OURTHAve,.'1JE
SUlTE2900
SEATTLE, WASHINGTON 9g\04-lISS
TELEPHONE: (206)62J.1S80
FACS1MlLf.1206) ~23-7022
K:\OO103\02866\YHS\YHS_P230Z
.
.
Attachment A
I. Definitions
A. "Document" means any written, recorded or graphic matter, however
produced or reproduced, and includes hut is not limited to all correspondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statements, audiotapes, and
videotapes. It also includes any electronic reeord, which means any data tiles that are
contained within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network tile servers, mainframes or minicomputers. The term also includes any
backup tapes, electronic messages, or mail (electronic or otherwise).
B. "Person" or "persons" includes individuals, corporations and all other
entities (incorporated or otherwise).
c. "You" or "your" means OnlineNIC, Inc. ("OnlineNlC"), its agents,
servants, attorneys, private investigators, employees, former employees, predecessors and
successors in interest, other representatives and others who are in the possession of, or
may have obtained information for or on behalf of any of the aforementioned persons. It
also means any parent, subsidiary, related or affiliated entity using the name OnlineNIC,
or that is otherwise affiliated with any of the aforementioned entities, that has custody or
control of any documents listed below.
II. Requests for Production
A. Please produce any and all documents reflecting or relating to the
registration, assignment or use of the following domain names or any websites hosted by
you at these domain names:
honestgame.net
nulladdress.com
This request for documents includes, but is not limited to, documents reflecting or
relating to:
I. Any services provided in relation to a web site or web sites hosted at
these domain names;
2. The names, addresses, telephone numbers, e-mail addresses,
successors in interest, and social security numbers or tax
identification numbers for the Registrant( s), Administrative
Contact(s), and Technical Contact(s) (hereinafter "contact
information") provided when these domain names were originally
registered or when you began providing services related to a
website hosted at these domain names;
3. The date and content of all changes to the contact information;
. .
4. The establishment of any account relate.i to the registration or use
of these domain names or a website hosted at any of these domain
names;
5. Billing records related to the registration or use of thesc domain
names, any websites hosted at these domain names, or any account
related thereto;
6. Payment information, ineluding but not limited to credit card
numbers, bank account numbers, cancelled checks (both front and
back), wire transfers, any type of clectronic payment, or other
credit arrangements, submitted in connection with services
provided for these domain names and any accounts related thereto;
7. Any contact information for resellers who may have initially or
subsequently registered these domain names or who host websites
at these domain names;
8. Connections to or use of accounts related to thesc domain names,
including any and all IP addresses used to access those accounts;
9. Complaints of abuse regarding these domain names or websites
hosted at these domain names, including thc results of any
investigation; and
10. Electronic copies of all data posted by On!ineNIC user(s) to these
websites, including any data maintained by OnlineNlC in the
course of business or as a result of any pwservation request or
other inquiry.
B. Please identify any and all other domain names or websites for which
services were provided by you, for which the customer, subscriber, or resel1er provided
contact, registration, or payment infonnation that was substantially the same as the
information submitted for any of the domain names listed in paragraph Il.A. For each
such other domain name, please produce any and all documents r,eflecting or relating to
the services you provided, including but not limited to documents reflecting or relating to
the infonnation described in subparagraphs (1) through (10) of paragraph IT.A.
K:'\0010J\02866WHS\YHS_P231D
. .
EXHIBIT I(
. .
6. The establishment or use of any account in conjunction with the
distribution or transmission of any software through-or in
connection with-this domain name;
7. Any affiliate program involved, in any manner, in the distribution
or transmission of any software through--or in connection with-
this domain name;
8. Contact information provided to you by aU persons involved in any
way in the operation or use of this domain name;
9. The contact information for any entity or individual with
permission to administer, edit, modify, crl~ate, or otherwise change
any content, access rights, permissions or settings for any website
or other service associated with this domain name;
10. The date and content of all changes to the contact infonnation
requested above;
11. Billing records related to the registration or use of this domain
name, any websites hosted at this domain name, or any account
relatcd thereto;
12. Any credit or payment arrangements made in connection with
establishment or use oftbis domain name, including but not
limited to credit card information, cancellcd checks (both front and
back), wire transfers, or any type of eleetronic payment;
13. Connections to or use ofaccounts related to this domain name,
including any and all IP addresses used to access those accounts;
14. Complaints of abuse of any kind regarding this domain name or
websites associated with this domain name, including the results of
any investigation; and
15. Electronic copies of all data posted to these websites and all
software transmitted through-or in connection with-the domain
name.
B. Please identify any and all other domain names or web sites for which
services were provided by you and for which the customer, subscriber, or reseller
provided contact, registration, or payment information that was substantially the same as
the information submitted for any of the domain name listed in paragraph II.A. For each
such other domain name or website, please produce any and all do<:uments reflecting or
relating to the services you provided, including but not limited to documents reflecting or
relating to the information described in subparagraphs (1) through (15) of paragraph II.A.
K\OO103\02006\YH5\YHS _P231L
. .
EXHIBIT L
.
.
1
2
3
4
5
6
7
8
Ex parte
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF IGNG
9 MICROSOFT CORPORATION, a
Washington corporation,
No 05-2-36781-4 SEA
COMMlSSION FOR SUBPOENA
DlRECTED TO THE PLANET. COM
lNTERNET SERVICES, INC., D/B/A
THE PLANET
10
11
12
Plaintiff,
v.
JOHN DOES 1-50, d/b/a
13 mmxo.megaman-network.com,
ipassist.biz, nulladdress.com,
14 toolbarpartner.com, web-free-hosting.net,
and zerotolleranee.biz
15 Defendants.
16 TIlE PEOPLE OF THE STATE OF WASHINGTON TO:
17 THE DISTRICT COURT OF DALLAS COUNTY, TEXAS
18
19 Pursuant to the Order ofthe above-entitled Court, made on application of Plaintiff,
20 you are hereby requested to issue, by your proper and usual process, a Subpoena
2] compelling The Planet.com Internet Services, Inc., d/b/a The Plant:t to produce documents
22 identificd in Attachment A.
23
24 DATED:
25
Clerk of the Court
By
COMMISSION FOR SUBPOENA DIRECTED TO
TIlE PLANET. COM JNTERNET SERVICES, INC.,
D/B/A THE PLANET - I
PRESTON GATES & ELUS LLP
9;!5 FOU8ll{ AVENUE
SUITB "'"
S:e.A~ WASmNGTON 9S1\)4..115B
Ta'EPHONE-. (2lJ6) f:,2].751lQ
f'ACSlM1L'E;(206}62J..7022
K:\oo103\02fl6S\YH51YHS_PZ3,O
.
.
1
2
3
Ex parte
4
5
6
7
8
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
9 MICROSOFT CORPORATION, a
Washington cOlporation,
10
11
12
Plaintiff,
No 05-2-36781-4 SEA
COMMISSION FOR SUBPOENA
DIRECTED TO THE PLANET. COM
INTERNET SERVlCES, INC., D/B/A
THE PLANET
v.
JOHN DOES I-50, d/b/a
13 mrnxo.megaman-network.com,
ipassist.biz, nuJ1address.com,
14 toolbarpartner.com, web- free-hosting.net,
and zerotollerance.biz
15 Defendants.
K:\OO103\02a66\YHSWHS_P231Q
PRESTON GA -res &. ELLl:; LLP
925 fOURTH AVENUE
SUlTE2900
SEATn.E, WASHtNGl'ON 9S104--H~g
lELEPRQ}.1;: (Z06) 623~7SIlP
i"'CSlMlU \106)623-7022
16 THE PEOPLE OF THE STATE OF WASHINGTON TO:
17 THE DISTRICT COURT OF DALLAS COUNTY, TEXAS
18 Pursuant to the Order of the above-entitled Court, made OIl application of Plaintiff,
19 you are hereby requested to issue, by your proper and usual process, a Subpoena
20 compelling The Planet.com Internet Services, Inc., d/b/a The Plan,et to produce documents
21 identified in Attachment A.
22
23 DATED:
24
25
Clerk of the Court
By
Deputy
COMMISSION FOR SUBPOENA DIRECTED TO
TIlE PLANET. COM INTERNET SERVICES, INC.,
D/B/A THEPLANET-l
.
.
Attachment A
I. Definitions
A. "Document" means any written, recorded or graphic matter, however
produced or reproduced, and includes but is not limited to all correspondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statements, audiotapes, and
videotapes. lt also includes any electronic record, which means any data files that are
contained within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network file servers, mainframes or minicomputers. The tenn also includes any
backup tapes, electronic messages, or mail (electronic or othern<:ise).
B. "Person" or "persons" includes individuals, corporations and all other
entities (incorporated or otherwise).
c. "You" or "your" means The Planet.com Internet Services, Inc. ("The
Planet"), its agents, servants, attorneys, private investigators, employees, former
employees, predecessors and successors in interest, other representatives and others who
are in the possession of, or may have obtained information for or on behalf of any of the
aforementioned persons. It also means any parent, subsidiary, related or affiliated entity
using the name The Planet, or that is otherwise affiliated with any of the aforementioned
entities, that has custody or control of any documents listed below.
II. Requests for Production
A. Please produce any and all documents reflecting or relating to the services
you provided to any persons who used or were otherwise in possl:ssion of the IP address
69.93.150.186 from 11/112005 to 111712005. This request for documents includes, but is
not limited to, documents reflecting or relating to:
1. The assignment oftbis 1P address to any subscriber or other
person;
2. The names, addresses, telephone numbers, e-mail addresses, and
social security numbers or tax identification numbers initially
provided by the persons or entities that conlracted for your services
in relation to this IP address;
3. The date and content of all changes to this information;
4. The establishment of any account related to the services you
provided in relation to this IP address;
5. Billing and service records related to this IP address and any
accounts and domains related thereto;
6. Payment information, including but not limited to credit card
numbers, bank account numbers, cancelled (;hecks (both front and
back), wire transfers, any type of electronic payment, or other
credit arrangements, submitted in connection with services
. .
provided for this IP address and any accounts or domains related
thereto;
7. Connections to or use of this IP address, including any and all IP
addresses used to access it;
8. Volumes and duration of activity or use of tills IP address and any
related domains;
9. Any complaints of abuse regarding this il) address or related to
web sites hosted on that server;
10. The results of any investigation into complaints about this IP
address; and
11. Electronic copies of all data posted by The Planet user(s) to tills IP
address, including any data maintained by The Planet in the course
of business or as a result of any preservation request or other
inquiry.
B. Please produce any and aU other documents reflecting or relating to any
and all other IP addresses owned by, hosted by, assigned to, or allocated to you, for
which the customer or subscriber provided contact, registration, or payment information
that was the same or substantially similar as the information submitted for the IP address
listed in paragraph IT.A. For each such other IP address, please produce any and all
documents refleeting or relating to the services you provided, including but not limited to
documents reflecting or relating to the information described in subparagraphs (1)
through (II) of paragraph ITA
1<:\OO103\028S'&.'l'l-IS\YHS_P231G
. .
EXHIBIT M
.
1
2
3
4
5
6
7
8
.
Ex parte
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KlNG
9 MICROSOFT CORPORATION, a
Washington corporation,
10
11
12
Plaintiff,
v.
No 05-2-36781-4 SEA
COMMISSION FOR SUBPOENA
DIRECTED TO UNlFIEDNAMES,
INC. DfB/AREGISTERFLY.COM
JOHN DOES 1-50, d/b/a
13 nunxo.megaman-network.com,
ipassist.biz, nulladdress.com,
14 toolbarpartner.com, web-free-hosting.net,
and zerotollerancc.biz
15 Defendants.
16 THE PEOPLE OF THE STATE OF WASHINGTON TO:
17 THE SUPERIOR COURT OF NEW JERSEY
18 Pursuant to the Order of the above-entitled Court, made on application of Plaintiff,
19 you are hereby requested, to issue, by your proper and usual process, a Subpoena
20 compelling UnifiedNames, Inc. d/b/a registerfly.com to produce documents identified in
21 Attachment A.
22
23 DATED:
24
25
COMMISSION FOR SUBPOENA DIRECTED TO
UNlFIEDNAMES, INC. D/B/A
REGISTERFLY.COM. I
K:\OO103\02B6O\'(HS\YJ.IS _ P2311
Clerk of the Court
By
Deputy
PRESTON GATES &ELUS LLP
92'fOt.'RTRAVENt,13
SUITE :mo
SEATTI..E. WASIIIl'.'GTON 98/()4.IISS
T~1..'EP)n1N'E,{2f)6)62J...iS30
FACSIMILE: (206)623~102l
.
.
Attachment A
I. Deimitions
A. "Document" means any written, recorded or graphic matter, however
produced or reproduced, and includes but is not limited to all cO~lTespondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statements, audiotapes, and
videotapes. It also includes any clectronic record, which means any data files that are
contained within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network file servers, mainframes or minicomputers. The tenn also includes any
backup tapes, electronic messages, or mail (electronic or otherwise).
B. "Person" or "persons" includes individuals, corporations and all other
entities (incorporated or otherwise).
C. "You" or "your" means UnificdNames, Inc., d/b/a registerfly.com
("UnifiedNames"), its agents, servants, attorneys, private investigators, employees,
former employees, predecessors and successors in interest, other representatives and
others who are in the possession of, or may have obtained information for or on behalf of
any of the aforementioned persons. It also means any parent, subsidiary, rclated or
affiliated entity using the name UnifiedNames, or that is otherwise affiliated with any of
the aforementioned entities, that has custody or control of any d()(;uments listed below.
II. Requests for Production
A. Please produce any and all documents reflecting or relating to the
registration, assignment or use of the following domain names or ,my websites hosted by
you at these domain names:
web-free-hosting.net
clicksearcbcHck.com
daoclick.com
sturfajtn.com
evolux-design.com
ntale.com
This request for documents includes, but is not limited to, documents reflecting or
relating to:
1. Any services provided in relation to a website or websites hosted at
these domain names;
2. The names, addresses, telephone numbers, e..mail addresses,
successors in interest, and social security numbers or tax
identification numbers for the Registrant(s), Administrative
Contact(s), and Technical Contact(s) (hereinafter "contact
. .
information") provided when these domilin namcs were originally
registered or when you began providing services related to a
website hosted at these domain names;
3. The date and content of all changes to the contact information;
4. The establishment of any account related to the registration or use
of these domain names or a website hosted at any of these domain
names;
5. Billing reeords related to the registration or usc of these domain
names, any websites hosted at these domain names, or any account
relatcd thereto;
6. Payment information, including but not limited to credit card
numbers, bank account numbers, cancelle{\ checks (both front and
back), wire transfers, any type of electronic payment, or other
credit arrangements, submitted in connection with services
provided for these domain names and any accounts related thereto;
7. Any contact information for resellers who may have initially or
subsequently rcgistered tbese domain names or who host websites
at these domain names;
8. Connections to or use of accounts related to these domain names,
including any and all IP addresses used to access those accounts;
9. Complaints of abuse regarding these domain namcs or websites
hosted at these domain namcs, including tlle results of any
investigation; and
10. Electronic copies of all data posted by UnifiedNames user(s) to
these websites, including any data maintained by UnifiedNames in
the eourse of business or as a result of any preservation request or
other inquiry.
B. Please identify any and all other domain names or websites for which
services were provided by you, for which the customer, subscriber, or reseller provided
contact, registration, or payment information that was substantially the same as the
information submitted for any of the domain names listed in paragraph ILA. For each
such other domain name, please produce any and all documents re.flecting or relating to
the services you provided, including but not limited to documents reflecting or relating to
the information described in subparagraphs (1) through (l0) of paragraph ILA.
X.'\lWl03\02B06IYHS\YHS_"231H
. .
EXHIBIT N
~---~- -
4
.
1
2
3
4
Ex parte
5
6
7
8
IN THE SUPERIOR COURT OF THE STATE OF W ASHJNGTON
IN AND FOR THE COUNTY OF KING
9 MICROSOFT CORPORATION, a
Washington corporation,
No 05-2-36781-4 SEA
COMMISSION FOR SUBPOENA
DIRECTED TO VORTECH, INC.
10
11
12
Plaintiff,
v.
JOHN DOES 1-50, d/b/a
13 mrnxo.megarnan-network.com,
ipassist.biz, nu11address.com,
14 toolbarpartner.com, web-free-hosting.net,
and zerotollerance.biz
15 Defendants.
16 THE PEOPLE OF THE STATE OF WASHINGTON TO:
17 ORANGE COUNTY CIRCUIT COURT, NINTH JUDICIAL ORCUIT OF
18 FLORIDA
19 Pursuant to the Order of the above-entitled Court, made on application of Plaintiff,
20 you are hereby requested to issue, by your proper and usual process, a Subpoena
21 compelling V ortech, Inc. to produce documents identified in Attachment A.
22
23 DATED:
24
Clerk of the Court
25
By
Deputy
COMMISSION FOR SUBPOENA DIRECTED TO
VORTECH, INe. - 1
PRESTON GATES & ELLIS UP
925 FOl.1RTIiAVENL'E
SOJTE2900
SBA11't.E. WASJIDlGTON 9!104-1158
'JELUfIDh'E: (206) 623.7310
FACSIMILa: (206) 623-7022
K;\OO103\02866\YHS\Y!-IS _P2312
~
.
Attachment A
I. Definitions
A. "Document" means any written, recorded or graphic matter, however
produced or reproduced, and includes but is not limited to all correspondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statements, audiotapes, and
videotapes. It also includes any electronic record, which means any data files that are
contained within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network file servers, mainframes or minicomputers. The term also includes any
backup tapes, electronic messages, or mail (electronic or otherwise).
B. "Person" or "persons" includes individuals, corporations and all other
entities (incorporated or otherwise).
1. The assignment of this IP address to any subscriber or other
person;
2. The names, addresses, telephone numbers, e-mail addresses, and
social security numbers or tax identification numbers initially
provided by the persons or entities that contracted for your services
in relation to this IP address;
3. The date and content of all changes to this information;
4. The establishment of any account related to the services you
provided in relation to this IP address;
5. Billing and service records related to this IF address and any
accounts and domains related thereto;
6. Payment infonnation, including but not limit,ed to credit card
numbers, bank account numbers, cancelled checks (both front and
back), wire transfers, any type of electronic payment, or other
credit arrangements, submitted in connection with services
c. "You" or "your" means Vortech, Ine. ("Vortech"), its agents, servants,
attorneys, private investigators, employees, former employees, predecessors and
successors in interest, other representatives and others who are in the possession of, or
may have obtained information for or on behalf of any ofthe aforementioned persons. It
also means any parent, subsidiary, related or affiliated entity using the name V ortech, or
that is otherwise affiliated with any of the aforementioned entities, that has custody or
control of any documents listed below.
II. Requests for Production
A. Please produce any and all documents reflecting or relating to the services
you provided to any persons who used or were otherwise in possession of the following
IP address 216.157.150.128 from 111112005 to 111712005. This request for documents
includes, but is not limitcd to, documents reflecting or relating to:
~ t
provided for this IP address and any accounts or domains related
thereto;
7. Connections to or use ofthis IP address, including any and all IP
addresses used to access it;
8. Volumes and duration of activity or use of this IP address and any
related domains;
9. Any eomplaints of abuse regarding this 11' address or related to
web sites hosted on that server;
10. The results of any investigation into complaints about this IP
address; and
11. Electronic copies of all data posted by Vortech user(s) to this IP
address, including any data maintaincd by V ortech in the course of
business or as a result of any preservation request or other inquiry.
B. Please produce any and all other documents reflecting or relating to any
and all other IP addresses owned by, hosted by, assigned to, or a:tlocated to you, for
which the customer or subscriber provided contact, registration, or payment infonnation
that was the same or substantially similar as the information submitted for the IP address
listed in paragraph ILA. For each such other IF address, please produce any and all
documents reflecting or relating to the services you provided, including but not limited to
documents reflecting or relating to the information described in subparagraphs (1)
through (II) of paragraph ITA
1<:\001 03\02B66\YHS\YHS _P2311
STATE OF WASHINGTON}
County of King '. '" . , ss.
I BP'.R8/\RA M1NER, C1erh of tho Superior Court
of the St.-'o.te of\tJas,h:iiDt;::m, for the CixJn1y of r(ing do heroby certify
that \ hctVC con-'PQrc(~ H\8 forf/F..\1n(J cop':/ \v:~h the c~;j2jrj;:1l instrument as
tho Gc~ln8 ~:PPQ;~rs Cil r:!~; ;.'_':.,:::! ;,)f r::>:::~Y',:-: i~l nij c!;,:;:c. ~,ncJ H~;:lt the same
is a true e,r':d r~cf~~:',:1l!'~~(:':,(..~:; -./ :;~-1U c ; c.,. ,I (,: !hc \'vho!o thereof.
!;".J .,EST!:\::'.;)'/ \','; r:: l::.r>::, j ;- ,:;...."~ : :(:'i"~ :;", ':'_J ::::~:~ :-~,;'l ;!'.~ ;'_! :lid DL'jx:::d the
SeD.! uf .siJ.:~j ~j Ccu( ;::,t ri'-' Ci..C':; :::'.~ ~~,-:;:::_,_~::: ti:'::~.~
da', of
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,
I
.G
~ 'i-h ,\0,1'
I
Ex parte
.4t.
-.
2
3
4
5
6
7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
8
9 MICROSOFT CORPORATION, a
Washington corporation,
Plaintiff,
No 05-2-36781-4 SEA
COMMISSION FOR SUBPOENA
DIRECTED TO MESSIAH
COLLEGE
10
II
v.
12
JOHN DOES I-50, d/b/a
13 mmxo.megaman-network.com,
ipassisLbiz, nulladdress.com,
14 toolbarpartner.com, web-free-hosting.net,
and zerotollerance.biz
15 Defendants.
16 THE PEOPLE OF THE STATE OF WASHINGTON TO:
17 THE CUMBERLAND COUNTY COURT OF COMMON PLEAS,
18 COMMONWEALTH OF PENNSYLVANIA
19 Pursuant to the Order of the above-entitled Court, made on application of Plaintiff,
20 you are hereby requested to issue, by your proper and usual process, a Subpoena
21 compelling Messiah College to produce documents identified in Attachment A.
22
23
DATED: NOV 10 ?005
QARB':,Q,A H'~:r'>::J
'.) ,l,~}d 1/;\ ,J,li ",-.tl
Clerk of the Court
. SHAULIS
24
25
/
\1~.;'''!1UlY
COMMISSION FOR SUBPOENA DIRECTED TO
MESSIAH COLLEGE - 1
PRESTON GATES & ELUS LLP
925 FOlJRTHAVENIJE
SUITE 2900
SEATnE, WASHINGTON 911!O4-1 J58
TELEPlIONE(206)62J-7580
FACSIMILE: (206) 623_7022
K:\OQ103\02866\ YHSIYHSf230W
-,
. ..
..
Attachment A
I. Definitions
A. "Document" means any written, recorded or graphic matter, however
produced or reproduced, and includes but is not limited to all correspondence, notes,
memoranda, contracts, records, invoices, bills, receipts, statements, audiotapes, and
videotapes. It also includes any electronic record, which means any data files that are
contained within: an office desktop computer/workstation; a notebook computer; a home
computer; a computer of any personal assistant, secretary or staff member; a palm-top
device; network file servers, mainframes or minicomputers. The tern1 also includes any
backup tapes, electronic messages, or mail (electronic or otherwise).
B. "Person" or "persons" includes individuals, corporations and all other
entities (incorporated or otherwise).
C. "You" or "your" means Messiah College, its agents, servants, attorneys,
private investigators, employees, former employees, predecessors and successors in
interest, other representatives and others who are in the possession of, or may have
obtained infonnation for or on behalf of any of the aforementioned persons. It also
means any parent, subsidiary, related or affiliated entity using the name Messiah College,
or that is otherwise affiliated with any of the aforementioned entities, that has custody or
control of any documents listed below.
II. Requests for Production
A. Please produce any and all documents reflecting or relating to the
registration, assignment or use of the email addresssw1208@messiah.edu.This request
for documents includes, but is not limited to, documents reflecting or relating to:
I. Any services you provided in relation to this email address;
2. All contact information, including but not limited to the names,
addresses, telephone numbers, facsimiIe numbers, email addresses
provided to you by the customer who created or was provided
access to the email address when this email address were originally
established or when you began providing services related this
email address;
3. The date and substance of all changes to the contact information
identified in response to the previous paragraph;
4. All financial records, such as billing records or records of
payments received, related to the creation, registration or use of
this email address, or any account related thereto;
5. Payment infonnation, including but not limited to credit card
numbers, bank account numbers, cancelled checks (both front and
back), wire transfers, any type of electronic payment, or other
credit arrangements made in connection with establishment or use
of this email address; and
6. Records, such as logs, of the IP Addresses used to access accounts
related to this email address.
'.
.,
B. Please identify all other email addresses or other products or services for
which the person identified in response to Section Il.A. provided the same
contact, registration, or payment information. For each such other email address
or service, please produce all documents reflecting or relating to the services you
provided, including but not limited to documents reflecting or relating to the
information described in subparagraphs (1) through (6) of Section Il.A.
K:\00103\02866\YHSIYHS]231 A
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEAL TH OF PENNSYLVANIA
MICROSOFT CORPORA nON,
Petitioner.
v.
NO. OS -i,'rt7
c-l()L/~
JOHN DOES I-50, d/b/a mmxo.megaman-network.com,
ipassist.biz, nulladdress.com, toolbarpartneLcom,
web-free-hosting.net, and zerotollerance.biz
Respondents.
ORDER
This matter having been brought before the Court by the law firm of Montgomery,
McCracken, Walker & Rhoads, LLP, local counsel for petitioner Microsoft Corporation in the
matter of Microsoji Corp. v. John Does 1-50, . d/b/a mmxo.megaman-network.com. ipassist.biz,
nulladdress.com. toolbarpartner.com. web~f;-ee-hosting.net. and zerotollerance.biz which is
pending in the Superior Court of the State of Washington in and for the County of King, at No.
05-2-36781-4 SEA (the "Washington action"), and it appearing from the attached "Petition for
Issuance ofa Subpoena to Take the Deposition of the Custodian of Records for Messiah College
pursuant to 42 Pa. Cons. Stat. ~ 5326(a) and Pa. R. Civ. P. 4007.1(f) and 234.1" that petitioner
desires to take the deposition of a person employed and regularly transacting business in person
C...,.,.!.o CJ [ ~ d...
in Pflil!lcleII3Ri~ County, Pennsylvania for use in conncction with the aforesaid Washington
action, and tor other good cause shown;
Page 1 of2
cr' .71
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~---------_. ..
AND NOW, this ~day of J 2.J)
,200---6--, it is hereby ORDERED that,
pursuant to 42 Pa. Cons. Stat. S 5326(a) and Rules 4007.1 (0 and 234.1 of the Pennsylvania
Rules of Civil Procedure, the Prothonotary of this Court shall issue a subpoena commanding the
Custodian of Records for Messiah College, a person employed and regularly transacting business
at One College Avenue, Grantham, Cumberland County, Pennsylvania 17027, to appear for a
deposition ~ i!:l~/t;;;;hT'~,,~~~ct:r~r"el1, UTol1,-pr 8- "~eadG, LLP, 123 S,,"th Broad
Sllccl, 28th 171651, PLilaElelflRia, Pennsylvania ~or at another mutually acceptable location,
)
within twenty (20) days from the date of this Order, which deposition will continue thereafter
until completed.
It is hereby further ORDERED that the deposition of the Custodian of Records of
Messiah College will be conducted under the practices and procedures of, and for all purposes
pursuant to, thc Rules of the Superior Court of the State of Washington in and for King County.
BY THE COURT:
-f1/~~;(
, J.
Persons to be notified pursuant to Pa. R. Civ. P. 236:
1.
Jeffrey S. Feldman, Esq.
Montgomery, McCracken
123 S. Broad Street, 24th F1.
Philadelphia, PA 19109-1099
Counselfor Petitioner Microsofi Corpo
2.
Attn: Custodian of Records
Messiah College
One College A venue
Grantham, P A 17027
Party to be subpoenaed
tion (_ ~_()', ~ ~
J4;
Page 2 of2
MONTGOMERY. MCCRACKEN, WALKER & RHOADS, LLP
By: James D. Cashel, Esq.; Jeffrey S. Feldman, Esq.; Timothy J. Kepner, Esq.
Pa. Atty. J.D. Nos. 72056; 80352; 90115
123 South Broad Street, 27th Floor
Philadelphia, PA 19109-1099
Tel: (215) 772-1500
E-mail: jcashel@mmwr.com;jfeldman@mmwr.com;
tkepner@mmwr.com
Attorneys jor Petitioner
Microsoft Corporation
MICROSOFT CORPORATION,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Petitioner.
COMMONWEALTH OF
PENNSYL VANIA
v.
NO. 05-6717 (Civil Term)
JOHN DOES 1-50, d/b/a mmxo.megaman-network.com,
ipassist.biz, nulladdress.com, toolbarpartner.com,
web-free-hosting.net, and zerotollerance.biz
Respondents.
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark this matter DISCONTINUED pursuant to Pa. R. Civ. P. 229.
Thank you for your courtesies.
Dated: January 25, 2006
cc: Messiah College, c/o Ms. Lois J. Voigt, Vice President for Finance
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