sports testimony
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Exhibit A
Exhibit A
Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 1 of 15 PageID# 468
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1
IN THE UNITED STATES DISTRICT COURT FOR THEEASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
KIM DOTCOM, et al.
Defendants.
)
)))
))
))
)
The Honorable Liam OGrady
Case No. 1:12-cr-00003-LO
DECLARATION OF INTERESTED PARTY KYLE GOODWIN IN SUPPORT OF
EMERGENCY MOTION FOR PROTECTIVE ORDER BY NON-PARTY CARPATHIA
HOSTING, INC. AND FOR ADDITIONAL RELIEF
I, Kyle Goodwin, declare as follows:
1. In July 2011, I started my business, OhioSportsNet, to cover local high schoolsporting events throughout Ohio. Ohio is a sports-crazed state, and I felt that the market for
covering high school athletics was underserved. Also in July, I incorporated a limited liability
corporation in Ohio called OhioSportsNet, LLC.
2. The business of OhioSportsNet includes traveling all over Ohio to tape sportingevents and broadcasting those games, some in real time and some after the conclusion of the
game. The games were streamed at www.ohiosportsnet.tv.
3. In order to share the tapes of the games with my producers, we must either driveall over the state to physically exchange the files or otherwise exchange those files, which are
often quite large, electronically.
4. For example, in November 2011, OhioSportsNet was the only outfit to cover, viavideo, the state high school soccer finals, during which time multiple games might occur on the
same night. On those nights, OhioSportsNet had to dispatch three or four producers to film each
game. In some instances, there was no way to share these files in a timely matter without a
technical solution.
Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 2 of 15 PageID# 469
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5. The need for such a technical solution led me to Megaupload. I registered apremium account there for two years, for 79.99 Euros. A copy of my receipt is attached as
Exhibit 1 to this declaration. This premium account allowed me to store and transfer files of
unlimited size among my producers without having to drive all over Ohio, saving us time and
gas money.
6. I stored many files on Megaupload, including raw footage of games and playerand coach interviews. In fact, I stored so many files, and some at different points in the editing
process, that its hard to remember the precise list of what was on Megauploads sites. I know
for a fact that video from the following high school soccer games was on Megaupload:
Strongsville High School v. Magnificat High School (girls soccer), Aug. 29, 2011; Strongsville
v. Brecksville High School (girls soccer), Sept. 19, 2011; Strongsville v. McDonogh (girls
soccer), Sept. 24; Strongsville v. Avon Lake High School (girls soccer), Oct. 3, 2011;
Strongsville v. Hudson High School (girls soccer), Oct. 5, 2011; Strongsville v. Medina High
School (girls soccer), Oct. 8, 2011; Strongsville v. Amherst High School (boys soccer), Sept. 17,
2011; St. Ignatius High School v. Massillon-Jackson High School (boys soccer), Sept. 24, 2011;
Avon High School v. Rocky River High School (girls soccer), Sept. 14, 2011.
7. Over the past six months, OhioSportsNet has started to realize some commercialsuccess. For example, its coverage of the state high school soccer finals for both boys and girls
garnered more than 5,000 unique viewers. In total to date, more than 40,000 unique visitors have
come to OhioSportsNets website and its videos have received more than 55,000 hits on
YouTube.
8. I also backed up all the raw footage of games, and player and coach interviews, aswell as promotional packages on a personal hard drive that I kept in my house. In mid-January,
unfortunately, that hard drive crashed. I have not been able to recover any of the files from that
hard drive.
Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 3 of 15 PageID# 470
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Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 4 of 15 PageID# 471
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Exhibit 1
Exhibit 1
Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 5 of 15 PageID# 472
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Merchant
Megaupload Limited
Instructions to merchant
You haven't entered any instructions.
Subtotal 79.99 EUR
Total 79.99 EUR
Payment 79.99 EUR
Payment sent to [email protected]
Subject: Fw: Receipt for Your Payment to Megaupload Limited
From: Kyle Goodwin
Date: 3/26/12 2:27 PM
To: Julie Samuels
Kyle GoodwinOhioSportsNet
216-392-6696 - Cell
----- Forwarded Message -----
From: "[email protected]" To: OhioSportsNet Sent: Thursday, September 1, 2011 12:00 PMSubject: Receipt for Your Payment to Megaupload Limited
Sep 1, 2011 09:00:29 PDT
Transaction ID: 4JG72185WK5977739
Hello OhioSportsNet,
You sent a payment of 79.99 EUR to Megaupload Limited ([email protected])
It may take a few moments for this transaction to appear in your account.
Description Unit price Qty Amount
2 years premium membership
Item# premium (41846616701)79.99 EUR 1 79.99 EUR
Fw: Receipt for Your Payment to Megaupload Limited
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Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 6 of 15 PageID# 473
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From amount $117.42 USD
To amount 79.99 EUR
Exchange rate: 1 U.S. Dollar = 0.681229 Euros
Issues with this transaction?You have 45 days from the date of the transaction to open a dispute in the Resolution Center.
Questions? Go to the Help Center at: www.paypal.com/help.
FOR INTERNATIONAL PAYMENTS ONLY
Commissions and Fees incurred by sender: $0.00
Rate of Exchange: The above exchange rate includes a 2.5% spread above the wholesale exchange rate at
which PayPal obtains foreign currency, and the spread is retained by PayPal. If and when the Recipient chooses
to withdraw these funds from the PayPal System, and if the withdrawal involves a currency conversion, the
Recipient will convert the funds at the applicable currency exchange rate at the time of the withdrawal, and the
Recipient may incur a withdrawal fee.
RIGHT TO REFUND
You, the customer, are entitled to a refund of the money to be transmitted as a result of this agreement if
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Fw: Receipt for Your Payment to Megaupload Limited
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Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 7 of 15 PageID# 474
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Exhibit B
Exhibit B
Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 8 of 15 PageID# 475
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Case 1:11-cv-02564-LBS Document 11 Filed 04/20/11 Page 1 of 7Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 9 of 15 PageID# 476
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Case 1:11-cv-02564-LBS Document 11 Filed 04/20/11 Page 2 of 7Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 10 of 15 PageID# 477
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Case 1:11-cv-02564-LBS Document 11 Filed 04/20/11 Page 3 of 7Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 11 of 15 PageID# 478
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Case 1:11-cv-02564-LBS Document 11 Filed 04/20/11 Page 4 of 7Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 12 of 15 PageID# 479
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Case 1:11-cv-02564-LBS Document 11 Filed 04/20/11 Page 5 of 7Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 13 of 15 PageID# 480
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Case 1:11-cv-02564-LBS Document 11 Filed 04/20/11 Page 6 of 7Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 14 of 15 PageID# 481
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Case 1:11-cv-02564-LBS Document 11 Filed 04/20/11 Page 7 of 7Case 1:12-cr-00003-LO Document 51-1 Filed 03/30/12 Page 15 of 15 PageID# 482