Jim Guerinot personal manager, for The Offspring, Social Distortion, Chris Cornell, and No Doubt, speaks about his personal view on Napster and how The Offspring supports Napster.
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DAVID BOIES (pro hac vice)
JONATHAN D. SCHILLER (pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
80 Business Park Drive, Suite 110
Armonk, New York 10504
Telephone: (914) 273-9800
Facsimile: (914) 273-9810
LAURENCE F. PULGRAM (CSB No. 115163)
DAVID L. HAYES (CSB No. 12294)
FENWICK & WEST LLP
275 Battery Street, Suite 1500
San Francisco, CA 94111
Telephone: (415) 875-2300
Facsimile: (415) 281-1350
DANIEL JOHNSON, JR. (CSB No. 57409)
DARRYL M. WOO (CSB No.122894)
MARY E. HEUETT (CSB No. 197389)
EMILIO G. GONZALEZ (CSB No. 197382)
FEWWICK & WEST LLP
Two Palo Alto Square
Palo Alto. CA 94306
Telephone: (650) 494-0600
Facsimile: (650) 494-1417
Attorneys for Defendant
NAPSTER, INC.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
Case Nos. C99-5183 MHP (ADR)
C00-0074 MHP (ADR)
DECLARATION OF JAMES GUERINOT IN SUPPORT OF DEFENDANT NAPSTER'S OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION
Date: July 26, 2000
Time: 2:00 p.m.
Courtroom: 15
Hon. Marilyn H. Patel
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A&M RECORDS, INC., a corporation, et al.
Plaintiffs,
v.
NAPSTER, INC., a corporation, and DOES 1 through 100
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JERRY LEIBER, individually and doing business
as JERRY LEIBER MUSIC, et al.
Plaintiffs,
v.
NAPSTER, INC., Defendants.
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I, Jim Guerinot, declare as follows:
| 1. | I know the matters stated herein of my own personal knowledge and, if called to testify, could and would testify competently to them. |
| 2. | From 1992 to 1994 I was the general manager of A&M Records. |
| 3. | I am currently the owner of Time Bomb Records. |
| 4. | Time Bomb has signed, among other bands, Social Distortion, The Amazing Crowns, Peter Searcy, Sunny Day Real Estate, Death in Vegas, The Aquabats, No Knife, Starling, Mike Ness, The Reverend Horton Heat, Chlorine and Soul Circle. |
| 5. | As a personal manager, I represent the successful recording artists The Offspring, Social Distortion, Chris Cornell, and No Doubt. None of the above mentioned artists have been requested to comment, therefore these views are exclusively those of the Offspring and Jim Guerinot. |
| 6. | In 1987 The Offspring self-financed their first release, a 7" single. The Offspring released another 7" single called Baghdad and an album titled "The Offspring". In 1992, under the Epitaph label, The Offspring released another album, Ignition. In 1994, The Offspring's breakthrough single, "Come Out and Play" and top hit "Self Esteem" helped push their third album, "Smash", to the best selling independent album release of all time, selling over 11,000,000. Videos from that album received heavy MTV play. In 1996, after resolution of disputes with Epitaph, The Offspring signed with Columbia Records. In February 1997 they released their next album, "Ixnay On The Hombre". In October of 1998, the band released their fifth album, "Americana", which produced the hits "Pretty Fly" and "Why Don't You Get A Job". |
| 7. | The Offspring support Napster on their web site and even provided a link to Napster. A copy of that web page link is attached as Exhibit A. The Offspring believe that digital technology provides a great opportunity to communicate directly with fans and thus increase their fan base. |
| 8. | Napster is a wonderfully programmed system that The Offspring has successfully used to promote their music and their band. Wired magazine reported that singles by the band from their record, "Americana", had as many as 22 million downloads while the band sold ten and a half million copies of that release. It is the bands' and their manager's opinion that allowing fans of The Offspring to hear their music on Napster will make fans more, not less, likely to purchase the group's records, T-shirts and other merchandise, and attend live performances by the band. |
| 9. | Napster allows The Offspring to reach a global audience of music lovers and to create new fans all over the world. Compared to traditional, and more expensive methods of "sampling" promotion such as cassette and CD samplers, allowing fans to download MP3s from a website and/or trade them on Napster is radically more efficient and effective. With the increasing use of the Internet, it is conceivable that Napster and other technologies that allow quick and direct means of sharing and transferring information, will be as effective as radio, television and the press to market and promote their music while being more cost effective. The Offspring view Napster as a vital and necessary means to promote music and foster a better relationship with fans. |
I declare under penalty of perjury that the foregoing is true and correct. Executed this 2nd day of July, 2000, in Laguna Beach, California.
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James Guerinot
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