DOCKET NO: 0100157-00244
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT: 6,415,280
`
`INVENTOR: DAVID A. FARBER
`
`AND RONALD D. LACHMAN
`
`FILED: APRIL 1, 1999
`
`ISSUED: JULY 2, 2002
`
`TITLE: IDENTIFYING AND
`
`REQUESTING DATA IN A
`NETWORK USING IDENTIFIERS
`
`WHICH ARE BASED ON THE
`
`CONTENT OF THE DATA
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`
`P.O. Box 1450
`
`Alexandria, VA 223 13-1450
`
`DECLARATION OF JASON S. SADOFSKY
`
`EMC/VMware V. PersonalWeb
`
`IPR20 1 3 -00083
`
`EMCVMW 1 03 8
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT: 6,415,280
`
`INVENTOR: DAVID A. FARBER
`
`AND RONALD D. LACHMAN
`
`FILED: APRIL 1, 1999
`
`ISSUED: JULY 2, 2002
`
`TITLE: IDENTIFYING AND
`
`REQUESTING DATA IN A
`NETWORK USING IDENTIFIERS
`
`WHICH ARE BASED ON THE
`
`CONTENT OF THE DATA
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`
`P.O. Box 1450
`
`Alexandria, VA 223 13-1450
`
`DECLARATION OF JASON S. SADOFSKY
`
`EMC/VMware V. PersonalWeb
`
`IPR20 1 3 -00083
`
`EMCVMW 1 03 8
`
`
`
`U.S. Patent 6,415,280
`IPR2013-00083
`
`Declaration of Jason S. Sadofsky
`
`I, Jason S. Sadofsky, declare as follows:
`
`1.
`
`I have been asked by Petitioner to provide this Declaration regarding
`
`certain factual issues that are common to six Inter Partes Review proceedings, Case
`
`Nos. IPR20l3-00082, -00083, -00084, -00085, -00086 and -00087.
`
`2.
`
`The testimony I provide in this Declaration is based on my personal
`
`knowledge of the relevant facts. Upon investigation, I came across several
`
`documents that confirm my recollection of these facts. A list of these documents is
`
`attached hereto as Appendix A.
`
`I.
`
`Background
`
`3.
`
`I am a technology archivist and software historian.
`
`I am currently an
`
`archivist for the Internet Archive, 21 non-profit digital library offering free universal
`
`access to books, movies, and music, as well as 342 billion archived webpages
`
`available through the Wayback Machine service.
`
`4.
`
`In addition to my archival work at Internet Archive, for the last 15
`
`years, I have been independently collecting, archiving, and making, once again
`
`publicly available, historical software, shareware, and freeware programs that were
`
`first published and released to the public in the 1980s and 1990s. Many in my
`
`industry refer to this time period as the Bulletin Board System (“BBS”) era.
`
`Related to this work, I directed the film, The BBS Documentary, an eight-episode
`
`
`
`U.S. Patent 6,415,280
`IPR2013-00083
`
`Declaration of Jason S. Sadofsky
`
`documentary about the subculture born from the creation of the BBS. This film
`
`was initially released in May 2005.
`
`II.
`
`BBS, Walnut Creek CDROM, and the Proliferation of Shareware
`
`5.
`
`A BBS is a computer system that allows users to connect directly to
`
`the system using a modem. Once connected, users can perform functions such as
`
`uploading and downloading computer files, reading news and bulletins, and
`
`exchanging messages with other users.
`
`6.
`
`The term “Bulletin Board System” was coined as a reference to the
`
`traditional cork-and-pin bulletin boards often found in entrances of supermarkets,
`
`schools, libraries, and other public areas where people can post messages,
`
`advertisements, or community news. In many ways, BBSs were a precursor to the
`
`World Wide Web, social network services, and other aspects of the Internet.
`
`7.
`
`In the 1980s and 1990s, much of the shareware and freeware
`
`movement was driven by user distribution of software through BBSs. In the
`
`1990s, many companies started collecting as much of this shareware and freeware
`
`that they could find directly from BBS sites, as well as from Simtel, a highly
`
`respected electronic archive of shareware and freeware collected from various
`
`BBSs as well as from other sources. The Simtel archive was initially maintained
`
`on network servers maintained by the U.S. Army in New Mexico and mirrored
`
`
`
`U.S. Patent 6,415,280
`IPR20l3-00083
`
`Declaration of Jason S. Sadofsky
`
`around the world.1 After collecting all of this software, these companies would
`
`publish as many of those programs as they could onto CD-ROMS, which they
`
`would then offer for sale.
`
`8.
`
`One of the first and largest worldwide commercial distributors of free
`
`software on CD-ROMS was Walnut Creek CDROM (“Walnut Creek”). Walnut
`
`Creek was founded in or around 1991 and ran the busiest FTP site on the Internet,
`
`ftp.cdrom.com, for many years. Walnut Creek would collect and publish onto CD-
`
`ROMS as much shareware on a regular basis as they could, and would sell these
`
`CD-ROMS for as little as $15 per disc.
`
`III.
`
`cd.textfiles.c0m
`
`9.
`
`In 1998, I launched the website textfrlescom. This website was and
`
`still is dedicated to collecting files and related materials from the BBS era.
`
`Originally built from files I collected as a BBS user in my early teens, as well as
`
`1 B. Graves, “CD-evelopment: Discovering a Wealth of Dev Tools on CD-ROM,”
`
`Computer Shopper (Apr. 1, 1994) (“[T]he Simtel disc (also published by Walnut
`
`Creek)
`
`holds the entire contents of the Simtel-20 archives, .
`
`.
`
`. You’ll also see
`
`[shareware programs involving] time and date manipulation, hashing functions,
`
`data compression .
`
`.
`
`. .”) (EMCVMW 1039).
`
`
`
`U.S. Patent 6,415,280
`IPR2013-00083
`
`Declaration of Jason S. Sadofsky
`
`system operator (“sysop”) of The Works BBS, this website has expanded to many
`
`gigabytes of data and receives thousands of visitors a day.
`
`10.
`
`In 2003, I launched a subdomain of textfilescom called
`
`cd.textfiles.com. This website was and still is dedicated to preserving, archiving,
`
`and providing free universal access to unaltered historical shareware and freeware
`
`programs and data that were initially made publically available in the BBS era of
`
`the 1980s and 1990s. The primary sources of this archive are a combination of
`
`CD-ROMs—several of which are Walnut Creek CD-ROMs—fiom my own
`
`collection, those donated fiom various individuals, and those purchased at auctions
`
`such as eBay.
`
`11.
`
`In order to publish online the historical software and data (including
`
`software user manuals) stored on these CD-ROMS while preserving all of the
`
`original metadata (including the creation dates of files made by the file system, the
`
`date on which I uploaded the files, and file names), I first transfer a perfect copy
`
`(an “ISO” image) of the original CD-ROM to a computer, then use a software
`
`program to extract the individual files from that copy, and then publish these files
`
`onto cd.textfiles.com. The result is a collection of files that—instead of sitting in
`
`the CD-ROM—sit in an online file directory making it easier for people to browse
`
`and download. It was also my practice to scan images of the CD-ROM label and
`
`package inserts, such as the images shown in EMCVMW 1041.
`
`-5-
`
`
`
`U.S. Patent 6,415,280
`IPR2013-00083
`
`Declaration of Jason S. Sadofsky
`
`IV.
`
`The Kantor Reference
`
`12.
`
`I have been asked to provide my understanding of certain facts
`
`relating to the Frederick W. Kantor FWKCSTM Contents-Signature System Version
`
`1.22 (August 10, 1993) user manual (the “Kantor Reference,” EMCVMW 1004),
`
`an electronic file distributed with the software package of the same name.
`
`13.
`
`It is my belief that the Kantor Reference is a true and correct copy of
`
`the document that Petitioner claims it is. It is also my belief that the Kantor
`
`Reference was publicly accessible prior to April 11, 1994.
`
`14.
`
`I verified the authenticity of the Kantor Reference by comparing it
`
`with a version I obtained from cd.textf1les.com.2 I had previously archived the ZIP
`
`file of Kantor’s software and documentation, FWKCS122.ZIP, to cd.textf1les.com
`
`from my copy of the Simtel MSDOS Archive, October 1993 Edition, Walnut Creek
`
`CD-ROM (the “October 1993 Walnut Creek CD-ROM”). A picture of the label
`
`and package inserts for this CD-ROM is attached as EMCVMW 1041. I also
`
`2 J. Sadofsky, “Index of /simtel/simtel9310/MSDOS/BBS,” cd.textf1les.com,
`
`archived on March 2, 2009,
`
`http://cdtextfiles.con1/simtel/simtel9310/l\/ISDOS/BBS/ (follow link for
`
`“FWKCS 122.ZIP”).
`
`
`
`U.S. Patent 6,415,280
`IPR2013-00083
`
`Declaration of Jason S. Sadofsky
`
`archived a copy of the ISO file from the original CD-ROM at my employer’s web
`
`service, the Software Archive.3
`
`15.
`
`To perform the verification, I downloaded the FWKCS122.ZIP file to
`
`my personal computer, and unzipped the file. The file included an installer
`
`program and instructions for installation. I installed the program. After installing
`
`the program, I determined that the included text file manual “FWKCS122.REF” is
`
`identical to the Kantor Reference filed as EMCVMW 1004.
`
`16.
`
`It is also my belief that the Kantor Reference was publicly accessible
`
`prior to April 11, 1994. The Kantor Reference is dated August 10, 1993. The
`
`timestamp associated with the source file FWKCS122.REF has a timestamp of
`
`August 10, 1993 at 1:22 AM. The Kantor Reference is part of the FWKCS122.ZIP
`
`file from my copy of the October 1993 Walnut Creek CD-ROM. This particular
`
`edition was advertised and reviewed in various publications such as Computer
`
`3 “Simtel-20 MS-DOS Collection CD-ROM (Walnut Creek) (October 1993),” The
`
`Shareware CD Archive, archived on Sept. 16, 2011,
`
`http ://archive . org/details/cdrom-simteloctob erl 993.
`
`
`
`U.S. Patent 6,415,280
`IPR2013-00083
`
`Declaration of Jason S. Sadofsky
`
`Shoppe/1 and would have been Widely distributed to the public prior to April 11,
`
`1994.
`
`17.
`
`Similarly, the Simtel archive also contained a copy of the
`
`FWKCS l22.ZIP file, which contained the Kantor Reference. In fact, it was this
`
`copy of the FWKCS122.ZIP file from Simtel that Walnut Creek CDROM
`
`collected and published in its October 1993 edition of Simtel MSDOS Archive.
`
`Accordingly, the Kantor Reference was also publicly accessible through the online
`
`Simtel archive prior to April 11, 1994.
`
`18. Additionally, the Kantor Reference identifies several BBSs that ran
`
`and hosted the file FWKCS122.ZIP, including The Invention Factory BBS,
`
`Channel One BBS, and Executive Network (“ExecNet”) BBS. Kantor Reference,
`
`at 16 (EMC\fl\/[W 1004). The Kantor Reference also includes information about
`
`4 See A. Nallawalla, “Easier CIS Access with QModem Patch,” The Age Company
`
`(Feb. 8, 1994) (“WALNUT Creek CDROM is well-known for its compilations of
`
`popular Internet archives. It recently released the October edition of the Simtel
`
`MSDOS Collection. Simtel is a highly respected repository of shareware and
`
`public domain software in the United States, although its contents are mirrored by
`
`other machines around the world. . .”) (EMCVMW 1040).
`
`
`
`U.S. Patent 6,415,280
`IPR20l3-00083
`
`Declaration of Jason S. Sadofsky
`
`freely distributing the FWKCS Version 1.22 shareware and registering after trying
`
`it for a demo period. Kantor Reference, at 30, 166 (EMCVMW 1004).
`
`19. Nothing in the Kantor Reference indicates that it was modified in any
`
`way from its original form.
`
`20.
`
`In signing this declaration, I recognize that the declaration will be
`
`filed as evidence in a contested case before the Patent Trial and Appeal Board of
`
`the United States Patent and Trademark Office.
`
`I also recognize that I may be
`
`subject to cross examination in the case and that cross examination will take place
`
`within the United States. If cross examination is required of me, I will appear for
`
`cross examination within the United States during the time allotted for cross
`
`examination.
`
`2].
`
`I declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code.
`
`Executed on June 1,
`
`
`
`
`
`APPENDIX A: EXHIBIT LIST
`
`Exhibit
`
`1004.
`
`F. Kantor, “The Frederick W. Kantor Contents-Signature System
`Version 1.22,” FWKCS122.REF (August 10, 1993)
`
`B. Graves, “CD-evelopmentz Discovering a Wealth of Dev Tools on
`CD-ROM,” Computer Shopper (Apr. 1, 1994)
`
`ROM label, as well as front, back, and inside cover
`
`1039'
`
`1040
`
`A. Nallawalla, “Easier CIS Access with QModem Patch,” The Age
`Company (Feb. 8, 1994)
`
`1041-
`
`Simtel MSDOS Archive, October 1993 Edition, Walnut Creek CD-
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