Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 1 of 10 PageID #: 37441
`Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 1 of 10 PagelD #: 37441
`
`EXHIBIT 1
`EXHIBIT 1
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`Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 2 of 10 PageID #: 37442
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`July 27, 2018
`July 27, 2018
`
`· · · · · · ·IN THE UNITED STATES DISTRICT COURT
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`· · · · · · · · ·FOR THE DISTRICT OF DELAWARE
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`· · ·- - - - - - - - - - - - - -x
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`· · ·ACCELERATION BAY, LLC,
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`· · · · · · · · ·Plaintiff,
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`· · ·v.· · · · · · · · · · · · · · C.A. No. 16-455 (RGA)
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`· · ·TAKE-TWO INTERACTIVE
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`· · ·SOFTWARE, INC., et al.,
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`· · · · · · · · ·Defendants.
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`· · ·- - - - - - - - - - - - - -x
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`· ·
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` · · · · · ·CONFIDENTIAL - OUTSIDE COUNSEL ONLY
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`· · ·Videotaped deposition of Michael Mitzenmacher, Ph.D.
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`· · · · · · · · · · Boston, Massachusetts
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`· · · · · · · · · · · · July 27, 2018
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`· · · · · · · · · · · · · 9:01 a.m.
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`· · · ·
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` · ·Job No.: 710962
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`· · ·Pages: 1 - 266
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`· · ·Reported By: Alan H. Brock, RDR, CRR
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`· · ·
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`U.S. Legal Support | www.uslegalsupport.com
`U.S. Legal Support | www.uslegalsupport.com
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`·
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`Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 3 of 10 PageID #: 37443
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`July 27, 2018
`July 27, 2018
`
`Page 54
`·1· ·discussed, for any of the -- at any time for any of
`·2· ·the games that are at issue in your reports in this
`·3· ·case?
`·4· · · ·A.· No, I don't believe so.
`·5· · · ·Q.· So if we could go to Page 63 of your
`·6· ·opening report.· Do you see that?
`·7· · · ·A.· Yes.
`·8· · · ·Q.· At the bottom of Page 63 and the top of
`·9· ·Page 64 there are some annotations and a screenshot
`10· ·of what appears to be a Grand Theft Auto Online game
`11· ·session.· Is that a fair characterization of what's
`12· ·shown here?
`13· · · · · · · ·MR. FRANKEL:· Hold on, please, before
`14· ·you answer.
`15· · · · · · · ·The reason I asked to hold on, it
`16· ·doesn't look to me like that figure printed
`17· ·properly.· I'm referring to the figure at the bottom
`18· ·of 63.· Is that relevant to what you're going to ask
`19· ·the witness?
`20· · · · · · · ·MR. TOMASULO:· Well, what I think
`21· ·happened is that it didn't come to us properly.· It
`22· ·may have been something that didn't --
`23· · · · · · · ·May I ask a few more questions, and then
`24· ·we'll see if we can get to the bottom of this?
`25· · · · · · · ·MR. FRANKEL:· Sure.· You're representing
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`Page 56
`·1· · · ·Q.· Am I correct that Exhibit 6 is what the
`·2· ·figure at the bottom of 63 and the top of 64 should
`·3· ·look like?
`·4· · · ·A.· That's my recollection.
`·5· · · ·Q.· That there was some kind of an error that
`·6· ·has separated the red overlays from the actual
`·7· ·screenshot; is that right?
`·8· · · ·A.· Yeah.· Maybe a picture got moved and only
`·9· ·one of the pictures got moved and not the overlay in
`10· ·the final printing.
`11· · · ·Q.· Assuming that Exhibit -- are we correct in
`12· ·assuming that Exhibit 6 is what this is supposed to
`13· ·look like?
`14· · · ·A.· Let me just do a quick check, but I believe
`15· ·so, or that's my recollection.
`16· · · · · · · ·MR. FRANKEL:· Doctor, you can take your
`17· ·time to confirm that.
`18· · · ·A.· That looks correct.
`19· · · ·Q.· So with respect to this figure, this
`20· ·Exhibit 6, what's the intention of what's being
`21· ·depicted here?· That's kind of a crummy question.
`22· ·Let me ask you a different question.
`23· · · · · · · ·Did you create this Figure 6 that's
`24· ·shown in Exhibit 6?
`25· · · ·A.· I'd say I can't recall.· I know the
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`Page 55
`·1· ·that you endeavored to print this as it came to you,
`·2· ·and your understanding is that the copy of the
`·3· ·report you were served on had the image like that?
`·4· ·Is that correct?
`·5· · · · · · · ·MR. TOMASULO:· That is correct.· I'll
`·6· ·see if I can pull up my copy and just confirm.
`·7· · · · · · · ·That is correct.· The electronic copy --
`·8· ·this isn't a printing error.· This would be -- if
`·9· ·there's an error, which there certainly appears to
`10· ·be, it would not have been associated with us having
`11· ·a printing problem.
`12· · · · · · · ·MR. FRANKEL:· It's not you, it's us.
`13· · · · · · · ·MR. TOMASULO:· It might not be you.· It
`14· ·might be the Internet.
`15· · · · · · · ·MR. SOMMER:· We'll blame it on Adobe.
`16· · · · · · · ·MR. FRANKEL:· I'm sorry, counsel, just
`17· ·before we go on:· Do you have a copy of Dr.
`18· ·Medvidovic's report?
`19· · · · · · · ·MR. TOMASULO:· Yes, so I have the
`20· ·printout from that, which is better.
`21· · · · · · · ·Can we mark this as the next exhibit,
`22· ·please.
`23· · · · · · · ·(Exhibit 6 marked for identification.)
`24· · · ·A.· Oh, yeah.· Somehow the red looks as if it's
`25· ·supposed to be overlaid there.
`
`Page 57
`·1· ·screenshot was not mine.· That came from somewhere.
`·2· ·To be honest, I don't think I created the overlay,
`·3· ·but I -- I'd say I can't recall.
`·4· · · ·Q.· So the screenshot was not something coming
`·5· ·from something you personally observed?
`·6· · · · · · · ·MR. FRANKEL:· Objection to form.
`·7· · · ·A.· The screenshot was not something that I
`·8· ·personally developed.
`·9· · · ·Q.· Is it possible that this was generated by
`10· ·Dr. Medvidovic?
`11· · · ·A.· I'd say it's possible, and again, this may
`12· ·have been something that came to me or suggested by
`13· ·counsel as we were working through examples to show
`14· ·or demonstrate.
`15· · · ·Q.· But to be clear, this isn't a depiction of
`16· ·gameplay that you personally observed.
`17· · · ·A.· It's not a depiction that I personally
`18· ·played, right, and I didn't observe it in the course
`19· ·of it being played.· This is like a screenshot, and
`20· ·I believe the description at Paragraph 129 of the
`21· ·report describes or discusses the framing of the
`22· ·screenshot and what it represents.
`23· · · ·Q.· So there's some annotations added to the
`24· ·screenshot; correct?
`25· · · ·A.· Yes.· That would be the stuff that sort of
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`Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 4 of 10 PageID #: 37444
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`July 27, 2018
`July 27, 2018
`
`Page 58
`
`·1· ·fell off onto the side, for instance.
`·2· · · ·Q.· Can you explain what's originally in the
`·3· ·screenshot, as opposed to what was added in the
`·4· ·image?
`·5· · · ·A.· What is added to the image is the red lines
`·6· ·and arrows and the numbers 1 through 6 and the
`·7· ·corresponding boxes.
`·8· · · ·Q.· And then the rest of it is, to your
`·9· ·knowledge, an accurate screenshot?
`10· · · ·A.· Yes.
`11· · · ·Q.· You say that there are two players, 5 and
`12· ·6, that were not on the screen.· Is that what you're
`13· ·showing by the screen squares with the arrows
`14· ·pointing to them?
`15· · · ·A.· Yes, and I believe that's also represented
`16· ·in Paragraph 130.
`17· · · ·Q.· How do you know those players were there?
`18· · · ·A.· Again, so I think maybe you're missing the
`19· ·point of the picture, and I think this is discussed
`20· ·in Paragraph 131.· You know, this is meant to be an
`21· ·illustration of the four-by-four Deathmatch and how
`22· ·it works.· There are other players, and they exist
`23· ·in the game because it's a four-by-four Deathmatch.
`24· ·You know, their location as shown in Figure 130
`25· ·could be set up to have those locations simply by
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`Page 60
`·1· ·that can arise during a four-by-four Deathmatch game
`·2· ·under the following conditions that are expressed in
`·3· ·129 to 131.
`·4· · · ·Q.· And just to be clear, those conditions
`·5· ·aren't something you personally observed which led
`·6· ·to this figure; right?
`·7· · · · · · · ·MR. FRANKEL:· Objection to form.
`·8· · · ·A.· I did not personally observe this picture,
`·9· ·but I've seen the, you know -- in playing the game I
`10· ·have seen situations like this where you can see or
`11· ·not see other players; and similarly in my general
`12· ·viewing of, you know, online videos of people
`13· ·playing the games, this matches my understanding of
`14· ·how the game is played.
`15· · · ·Q.· Is this something that you tried to
`16· ·recreate from your memory?
`17· · · · · · · ·MR. FRANKEL:· Objection to form.
`18· · · ·A.· Recreate from my memory?· I mean, again,
`19· ·maybe I'm not clear on the question.· Could you
`20· ·explain what you mean?
`21· · · ·Q.· Well, you said you played the games.
`22· · · ·A.· Yes.
`23· · · ·Q.· So is this some scenario that you recall
`24· ·happening in a game and that you instructed whoever
`25· ·prepared this to recreate it because you remembered
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`Page 59
`·1· ·positioning the player.· To be clear, as stated in
`·2· ·131, the image is for illustration purposes.
`·3· · · ·Q.· Did you add or direct the addition of
`·4· ·Players 5 and 6 to this screenshot?
`·5· · · ·A.· I'm not clear what you're asking.
`·6· · · ·Q.· I think what you're saying -- well, there's
`·7· ·a 5 and a 6 with those arrows; correct?
`·8· · · ·A.· Yes.
`·9· · · ·Q.· Were those Players 5 and 6, those green
`10· ·boxes and those red arrows to the boxes of 5 and 6,
`11· ·were those added to this at your direction?
`12· · · ·A.· It's a -- or, yes, that it matches the
`13· ·explanation that I've provided in Paragraph 129,
`14· ·that Player 5 has a line of sight with Player 2 and
`15· ·two other players not shown in the illustration
`16· ·below.· That's what that arrow to 5 is meant to
`17· ·represent.· Again, that's also depicted in a
`18· ·different form in Paragraph 130.
`19· · · ·Q.· How do you know this is from a four-on-four
`20· ·Deathmatch?
`21· · · ·A.· This picture I think is for illustrative
`22· ·purposes.· It's a screenshot we were using to do it.
`23· ·I don't think the intention of this is to say I was
`24· ·playing a four-by-four Deathmatch and this is the
`25· ·setting that arose.· It's to say this is a setting
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`Page 61
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`·1· ·it?
`·2· · · ·A.· No, I don't think I set it up that way,
`·3· ·although I could set it up that way.
`·4· · · ·Q.· Do you recall ever playing in a four-on-
`·5· ·four Deathmatch?
`·6· · · ·A.· I believe I've played in a four-on-four
`·7· ·Deathmatch.· I'm not sure, but I believe I have.
`·8· · · ·Q.· So how do you know -- what data do you have
`·9· ·to show that Players 5 and 6 would be visible to
`10· ·Players 2 and 4 but not 1 and 3?
`11· · · ·A.· That -- again, so part of it would be just
`12· ·the visibility on the screen.· But in terms of --
`13· ·particularly with Grand Theft Auto, as I referred to
`14· ·in Paragraph 161, this is illustrating the issue of
`15· ·proximity rules for data exchange, which is
`16· ·described both in my report and also in Mr. Conlin's
`17· ·testing report.
`18· · · · · · · ·MR. FRANKEL:· Counsel, just a second: I
`19· ·believe for clarity of the record that the witness
`20· ·gestured to Paragraph 131, not 161.
`21· · · · · · · ·THE WITNESS:· Oh, did I say 161?· Sorry.
`22· · · · · · · ·MR. FRANKEL:· I believe you did.
`23· · · ·A.· 133.
`24· · · · · · · ·MR. TOMASULO:· Whatever, that's fine.
`25· · · ·Q.· You did say 161.
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`Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 5 of 10 PageID #: 37445
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`July 27, 2018
`July 27, 2018
`
`Page 62
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`·1· · · ·A.· I apologize.
`·2· · · ·Q.· Well, what is the small box at the lower-
`·3· ·left part of the screen?
`·4· · · ·A.· This looks like a variety of the maps, so I
`·5· ·believe it's showing your visibility box and players
`·6· ·outside the visibility box.
`·7· · · ·Q.· Do you know if this is an accurate
`·8· ·representation of the screen grab or whether this
`·9· ·has been modified?
`10· · · ·A.· I can't recall for that red box if that was
`11· ·there or added.
`12· · · ·Q.· What red box are you talking about?
`13· · · ·A.· The box I believe you're referring to in
`14· ·the left corner.
`15· · · · · · · ·MR. FRANKEL:· Counsel, do you want to
`16· ·have the witness circle it on the exhibit?· Would
`17· ·that be helpful?· Use a different-colored pen or
`18· ·something?
`19· · · ·Q.· Yeah, I think it's better if you do it --
`20· · · · · · · ·MR. FRANKEL:· Exhibit 6.
`21· · · ·Q.· Exhibit 6 is bigger.· I'm a little unclear
`22· ·what we're talking about here.
`23· · · · · · · ·MR. FRANKEL:· Whatever it is you want
`24· ·the witness to talk about, why don't we circle that
`25· ·on the exhibit.
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`Page 64
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`·1· · · ·A.· Yes.
`·2· · · ·Q.· And do you know what those five boxes are
`·3· ·supposed to represent?
`·4· · · ·A.· Not offhand.
`·5· · · ·Q.· And do you know if all -- so there's two
`·6· ·boxes that are outside the -- if you -- I'm going
`·7· ·to --
`·8· · · · · · · ·You see the two boxes that are at the
`·9· ·top of the field map?
`10· · · ·A.· Yes.
`11· · · ·Q.· And there are two that are outside of
`12· ·there; right?· Do you see that?
`13· · · ·A.· I believe I know what you're referring to.
`14· · · ·Q.· So I'm going to circle them on mine, and
`15· ·I'd ask you to do the same.· So I've circled these
`16· ·two.· Do you see?
`17· · · ·A.· Okay.
`18· · · ·Q.· You can circle the same two at the top.
`19· · · · · · · ·And do you know why those two that have
`20· ·been circled are outside of this box?
`21· · · ·A.· I'm not sure.· It may be expressing that
`22· ·they're outside the visibility range.
`23· · · ·Q.· So do you know if those were added or
`24· ·whether those are part of the screen grab?
`25· · · ·A.· I am not sure.
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`Page 63
`·1· · · ·Q.· There's a map -- in the lower left hand
`·2· ·there's a box; correct?
`·3· · · ·A.· Yes.
`·4· · · ·Q.· And then in the box there's three blueish
`·5· ·figures; correct?
`·6· · · ·A.· Yes.
`·7· · · ·Q.· And then below each of those blueish
`·8· ·figures there's some other kind of box as well;
`·9· ·correct?
`10· · · ·A.· It's a bit hard to make out, but there
`11· ·seems to be -- like you're saying there's some
`12· ·little red dot below them?
`13· · · ·Q.· Something like that.· And then outside the
`14· ·box, on the top, there's two more of those figures,
`15· ·which have both the blue and whatever the red thing
`16· ·is underneath it; right?
`17· · · ·A.· Yes.
`18· · · ·Q.· Here's a magnifying glass, if that's of
`19· ·help for either counsel or the witness.
`20· · · · · · · ·MR. FRANKEL:· Counsel, do you want the
`21· ·witness to just maybe annotate Exhibit --
`22· · · · · · · ·MR. TOMASULO:· I have some questions.
`23· ·Let's see if I can do it my way here.
`24· · · ·Q.· So there's five of these combo boxes of the
`25· ·blue and red; correct?
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`Page 65
`·1· · · ·Q.· And in playing the game, did you ever come
`·2· ·to see a field-of-view map or something like that,
`·3· ·expressed down at the bottom left?
`·4· · · ·A.· Yes, I recall field-of-view maps in the
`·5· ·bottom left, but I can't recall the specific shapes
`·6· ·or pictures.
`·7· · · ·Q.· So you don't know whether this is an
`·8· ·accurate field-of-view map or whether it's been
`·9· ·annotated?
`10· · · ·A.· I would say I would have to go back and
`11· ·check.· I'm not sure.
`12· · · ·Q.· What would you check?
`13· · · ·A.· Again, I'd start by asking counsel to find
`14· ·the provenance of the screenshot.
`15· · · ·Q.· As you sit here now, you just don't know if
`16· ·this is accurate or not; right?
`17· · · · · · · ·MR. FRANKEL:· Objection to form.
`18· · · ·A.· I guess I'm not clear on what you mean by
`19· ·"is accurate or not."· Accurate in what sense;
`20· ·right?· I mean, like I've explained the image is for
`21· ·illustrative purposes and the context in which one
`22· ·would understand the illustration in Paragraphs 129
`23· ·to 131.
`24· · · ·Q.· What do you mean, "for illustration
`25· ·purposes"?
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`Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 6 of 10 PageID #: 37446
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`July 27, 2018
`July 27, 2018
`
`Page 66
`·1· · · ·A.· So it was designed to show a situation
`·2· ·where you would have a -- in the context of a
`·3· ·four-by-four Deathmatch, you would have a data-
`·4· ·transfer graph that was 3-regular but not complete.
`·5· · · ·Q.· And so this is to illustrate your testimony
`·6· ·as opposed to evidence that it actually happened.
`·7· ·Would you say that that's correct?
`·8· · · · · · · ·MR. FRANKEL:· Objection to form.
`·9· · · ·A.· Again, I might phrase it differently. I
`10· ·would say that this would be an instance that would
`11· ·occur in the game and that such occurrences would
`12· ·regularly happen in the game according to this type
`13· ·of setup.
`14· · · ·Q.· Just to be clear, you didn't make the
`15· ·screen grab; correct?
`16· · · ·A.· No.
`17· · · ·Q.· It's not based on any personal observation
`18· ·you made; right?
`19· · · ·A.· I mean, the specific screen grab, no.· The
`20· ·fact that, again, players could be positioned in
`21· ·this way, I would say that matches my experience in
`22· ·gameplay.
`23· · · ·Q.· When you did play, did you observe any
`24· ·restrictions on your ability to move around in the
`25· ·Grand Theft Auto Online world?
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`Page 68
`·1· · · ·A.· I believe so.· Well, it's a screen grab
`·2· ·taken, and what we're showing or representing is
`·3· ·what Figure 1 -- what Player 1, essentially what
`·4· ·their field of vision looks like or what their --
`·5· ·what is around them.
`·6· · · ·Q.· Is Player 1 playing this game, or is Player
`·7· ·2 playing the game?
`·8· · · · · · · ·MR. FRANKEL:· Objection, form.
`·9· · · ·Q.· Player 3 or Player 4.
`10· · · ·A.· They are all in the game.
`11· · · ·Q.· Well, this would be appearing on
`12· ·somebody's -- being generated by one of their
`13· ·consoles and showing up on one of their monitors;
`14· ·right?
`15· · · ·A.· I believe that would be one way to get this
`16· ·picture, yeah.
`17· · · ·Q.· And so is it -- is this screen grab taken
`18· ·from Player 1's simulation?
`19· · · ·A.· I'm not sure, but I believe so.
`20· · · ·Q.· And then who would -- let's assume it is.
`21· ·Who would have positioned Players 2, 3, 4, 5, and 6?
`22· · · ·A.· Who would have positioned?
`23· · · ·Q.· In other words, why would Player 2, 3, 4,
`24· ·5, and 6 occupy the positions that they're in in the
`25· ·open world, the virtual positions?
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`Page 67
`·1· · · · · · · ·MR. FRANKEL:· Objection to form.
`·2· · · ·A.· Define what you mean by "restrictions."
`·3· ·There are certain things -- when there are walls in
`·4· ·the way, you have to go around them and such like
`·5· ·that.
`·6· · · ·Q.· Leaving aside obvious obstructions and
`·7· ·things like that, and boundaries, was there anyplace
`·8· ·that you couldn't go in the free-roam world?
`·9· · · ·A.· Again, the free-roam world is a design that
`10· ·you can roam around in the context of rules within
`11· ·the gameplay.· There are various rules or settings
`12· ·that you can't walk into walls, you have to go
`13· ·around things.· There are limitations in terms of to
`14· ·get from one point to a further point it would take
`15· ·a -- I suppose it's plausible that you could walk
`16· ·there in a very long time, but you couldn't really
`17· ·reach it unless you had an automobile.
`18· · · · · · · ·I mean, but I guess I find that a vague
`19· ·question.· But the purpose of the open-space
`20· ·gameplay is that you can, you know, go through the
`21· ·areas prescribed by the gameplay.
`22· · · ·Q.· Assuming this is from a four-on-four
`23· ·Deathmatch, this Figure 6, is it correct that this
`24· ·is shown from the perspective of Player 1, who would
`25· ·be playing the game?
`
`Page 69
`·1· · · ·A.· So in the course of gameplay the players
`·2· ·will take various positions or locations as they
`·3· ·play the game.
`·4· · · ·Q.· So Player 2 would be responsible for Player
`·5· ·2's location in the open world.
`·6· · · ·A.· Generally, yes.
`·7· · · ·Q.· And similarly for 3, 4, 5, and 6?
`·8· · · ·A.· Right, generally the players would control
`·9· ·their positions, although they could be coordinating
`10· ·or working as a team in various ways.
`11· · · ·Q.· There's no relay servers shown in Figure 6;
`12· ·right?
`13· · · ·A.· In Figure 6?· Do you mean Exhibit 6?
`14· · · ·Q.· Exhibit 6, yes.
`15· · · ·A.· That is correct.
`16· · · ·Q.· Why is that?
`17· · · ·A.· I guess I'm not clear on the question. I
`18· ·mean, you would never see a relay server in a screen
`19· ·grab in any circumstances, I think.· But I'm not
`20· ·clear on what your question is.
`21· · · ·Q.· Is this meant to depict -- is this Figure 6
`22· ·meant to depict the network?
`23· · · ·A.· Exhibit 6 --
`24· · · ·Q.· Sorry, Exhibit 6.
`25· · · ·A.· -- is meant to be an illustration of what
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`Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 7 of 10 PageID #: 37447
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`July 27, 2018
`July 27, 2018
`
`Page 166
`·1· · · · · · · ·And then there's going to be one park
`·2· ·relay server.
`·3· · · ·A.· Yes.
`·4· · · ·Q.· One park relay server.
`·5· · · · · · · ·So we have a total of 41 participants;
`·6· ·is that right?
`·7· · · ·A.· Yes.
`·8· · · ·Q.· And so let's figure out how they're
`·9· ·connected.· So you say that each participant in the
`10· ·sub-games is going to be directly connected to each
`11· ·of the other nine players in that sub-game; is that
`12· ·right?
`13· · · ·A.· Yes.
`14· · · ·Q.· And then you come to the conclusion that
`15· ·it's a 9-regular network.
`16· · · · · · · ·MR. FRANKEL:· Objection to form.
`17· · · ·A.· That subpart is a 9-regular network.· It
`18· ·becomes 10-regular when you include the connection
`19· ·to the MyPARK relay server.
`20· · · ·Q.· So each of the player participants has nine
`21· ·connections to other players.
`22· · · ·A.· Yes.
`23· · · ·Q.· And each of the player participants has a
`24· ·connection to the MyPARK server.
`25· · · ·A.· Yes.
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`Page 168
`
`·1· ·then.
`·2· · · · · · · ·MR. FRANKEL:· Mike, if you want to take
`·3· ·a break, that's fine.
`·4· · · · · · · ·MR. TOMASULO:· Let's just take five
`·5· ·minutes.
`·6· · · · · · · ·THE VIDEOGRAPHER:· The time is 3:27.
`·7· ·We're off the record.
`·8· · · · · · · ·(Recess taken.)
`·9· · · · · · · ·THE VIDEOGRAPHER:· This is the beginning
`10· ·of Media No. 6.· We're back on the record.· Time is
`11· ·3:44.
`12· · · ·Q.· Let's go to Page 1 of your report.
`13· · · ·A.· Page 1?
`14· · · ·Q.· Yeah, I think that's right.
`15· · · · · · · ·MR. FRANKEL:· Counsel, his opening
`16· ·report?
`17· · · · · · · ·MR. TOMASULO:· Opening report, correct.
`18· · · ·Q.· So in the summary chart, beginning at Page
`19· ·1, you say that --
`20· · · · · · · ·First of all, what's the Rockstar
`21· ·protocol network?
`22· · · ·A.· I think I use that generally.· Rockstar
`23· ·protocol is the protocol designed by Rockstar, and
`24· ·the Rockstar Protocol Network is just sort of a
`25· ·general term describing -- referring to the network
`
`Page 167
`·1· · · ·Q.· So the MyPARK server has a total of 40
`·2· ·connections.
`·3· · · ·A.· I believe that's right.
`·4· · · ·Q.· So in this configuration the players each
`·5· ·have ten connections and the park relay server
`·6· ·participant has 40 connections; right?
`·7· · · ·A.· I think that's right.
`·8· · · ·Q.· And so that's not an m-regular incomplete
`·9· ·network; right?
`10· · · · · · · ·MR. FRANKEL:· Objection to form.
`11· · · ·A.· So we'd have to go back to, I think, my
`12· ·reply report.· But I think that particular
`13· ·configuration is discussed as a DOE equivalent.
`14· · · ·Q.· So it doesn't meet the literal definition
`15· ·of an m-regular incomplete network because the
`16· ·MyPARK server participant has 40 connections and the
`17· ·player participants have 10; correct?
`18· · · ·A.· Give me one sec to check, but....
`19· · · · · · · ·As I recall, that's right, yes.
`20· · · ·Q.· Okay.· And if we're talking about a
`21· ·single-game -- well, I think we've already covered
`22· ·that.
`23· · · · · · · ·MR. TOMASULO:· How long have we been
`24· ·going since the last break?
`25· · · · · · · ·THE VIDEOGRAPHER:· 44 minutes since
`
`Page 169
`·1· ·that arises -- or networks that arise in the course
`·2· ·of gameplay on top of the Rockstar protocol.
`·3· · · ·Q.· So if a group of players, let's say 30
`·4· ·players are playing Grand Theft Auto Online, they
`·5· ·will use what you're calling the Rockstar protocol
`·6· ·to form the Rockstar protocol network?
`·7· · · · · · · ·MR. FRANKEL:· Objection to form.
`·8· · · ·A.· They conceivably could form a network on
`·9· ·top of the Rockstar protocol.· I'm not clear that,
`10· ·you know -- again, it's discussed in the specific
`11· ·claim construction what corresponds to the network
`12· ·in different situations, including, I think, some of
`13· ·the examples we've discussed earlier today.
`14· · · ·Q.· Is the Rockstar protocol -- when does -- is
`15· ·the Rockstar protocol network, is that what you're
`16· ·accusing of infringement?
`17· · · ·A.· Again, here, like what the instantiation is
`18· ·of the Rockstar protocol network I think is given in
`19· ·more details with regards to the specific claim
`20· ·elements.· Like here I'm just stating it as sort of
`21· ·a general term, referring to the networks formed on
`22· ·top of the Rockstar protocol that correspond to
`23· ·infringing networks.· It's not meant to be like
`24· ·here's a single network that infringes.· There are
`25· ·different infringing scenarios, I think, discussed
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`Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 8 of 10 PageID #: 37448
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`Michael Mitzenmacher, Ph.D.· Confidential - Outside Counsel Only
`July 27, 2018
`July 27, 2018
`
`·1· · · · · · · · · REPORTER'S CERTIFICATE.
`
`Page 266
`
`·2· · · I, Alan H. Brock, Registered Diplomate Reporter
`
`·3· ·and Certified Realtime Reporter, certify:
`
`·4· · · That the foregoing proceedings were taken before
`
`·5· ·me at the time and place therein set forth, at which
`
`·6· ·time the witness was put under oath by me;
`
`·7· · · That the testimony of the witness, the questions
`
`·8· ·propounded, and all objections and statements made
`
`·9· ·at the time of the examination were recorded
`
`10· ·stenographically by me and were thereafter
`
`11· ·transcribed;
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`12· · · That a review of the transcript by the deponent
`
`13· ·was not requested;
`
`14· · · That the foregoing is a true and correct
`
`15· ·transcript of my shorthand notes so taken.
`
`16· ·I further certify that I am not a relative or
`
`17· ·employee of any attorney of the parties, nor
`
`18· ·financially interested in the action.
`
`19· · · I declare under penalty of perjury under the laws
`
`20· ·of Massachusetts that the foregoing is true and
`
`21· ·correct.
`
`22· · · Dated this 30th day of July, 2018.
`
`23
`
`24· · · · · · · · · · · ·__________________
`
`25· · · · · · · · · · · ·Alan H. Brock, RDR, CRR
`
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`U.S. Legal Support | www.uslegalsupport.com
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`266
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`Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 9 of 10 PageID #: 37449
`Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 9 of 10 PagelD #: 37449
`Michael Mitzenmacher, Ph.D.
`Confidential
`- Outside Counsel Only
`
`duly 27, 2028
`
`ERRATA SHEET FOR THE TRANSCRIPT OF:
`
`INC.
`
`|“Ts]elag
`
`1
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`
`MICHAEL MITZENMACHER, Ph.D.
`
`Subscribed and sworn to before me
`day
`of
`ee Ones
`
`this
`
`Notary Public
`My Commission Expires:
`
`Case Name: ACCELERATION v. TAKE TWO INTERACTIVE SOFTWARE,
`Dep. Date: 7-27,-£8
`Deponent: MICHAEL MITZENMACHER, Ph.D.
`
`documentation, and so on, ads Should Read Reason
`
`

`

`Ceerg.
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`Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 10 of 10 PageID #: 37450
`Case 1:16-cv-00455-RGA Document 527-1 Filed 03/17/22 Page 10 of 10 PagelD #: 37450
`- Outside Counsel Only
`
`July 27,
`
`°2018
`
`CERTIFICATE OF DEPONENT
`
`Dated:
`
`“7/28/ IK Signed at:
`
`LEXiVaets MN Mtr
`(City, State)
`
`the undersigned, declare, under the penalty
`I,
`that I have read the foregoing transcript,
`of perjury,
`and I have made any corrections, additions, or deletions
`as I deemed necessary.
`The foregoing is a true and
`correct transcript of my testimony contained therein.
`
`25 Michael Mitzenmacher, Ph.D. Confidential
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