BRslnesswIfe
`
`A Berkshire Hathaway Company
`I, Rob S. Schmitt declare:
`
`1. I am Corporate Legal Counsel at Business Wire, Inc. I have personal knowledge
`of the facts set forth in this declaration and can competently testify to them under
`oath.
`
`2. On September 11, 2008, Business Wire published a press release titled "Legend
`Films Successfully Raises $5 Million in Venture Capital Funding." The content
`of the press release was provided to Business Wire by Barry Sandrew of Legend
`Films, Inc., as indicated by the contact information associated with the press
`release, and Business Wire published that press release shortly after receiving it.
`The complete, original text of that press release can still be found at the following
`URL: http://www.businesswire.com/news/home/200809110Q5745/en/Legend-
`Films-Successfully-Raises-5-Million-Venture
`As described above, publishing the press release was a regular practice of
`Business Wire, and the press release has been kept in the course of Business
`Wire's regularly conducted activities. As with all press releases that Business
`Wire publishes, the text of the press release has not been altered since its original
`publication. Attached hereto as Exhibit 1 is a true copy of the original text of that
`September 2008 press release published by Business Wire.
`
`3. On December 23, 2008, Business Wire published a press release titled '"Night of
`the Living Dead' to Be Released in Color and 3D." The content of the press
`release was provided to Business Wire by The Blaine Group acting on behalf of
`Legend Films, Inc. and PassmoreLab, as indicated by the contact information
`associated with the press release, and Business Wire published that press release
`shortly after receiving it. The complete, original text of that press release can still
`be found at the following URL:
`http://www.businesswire.com/news/home/20081223005830/en/%E2%80%9CNig
`ht-Living-Dead%E2%80%9D-Released-Color-3D
`As described above, publishing the press release was a regular practice of
`Business Wire, and the press release has been kept in the course of Business
`Wire's regularly conducted activities. As with all press releases that Business
`Wire publishes, the text of the press release has not been altered since its original
`publication. Attached hereto as Exhibit 2 is a true copy of the original text of that
`December 2008 press release published by Business Wire.
`
`I declare under penalty of perjury that the foregoing is true and correct and that this
`declaration was executed by me in San Francisco, California on May 13, 2016.
`
`Rob S. Schmitt
`
`101 California Street, 20th Floor, San Francisco, CA94111
`Tel 415.986.4422 or 800.227.0845 | Fax 415.986.3069
`www.BusinessWire.com
`
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`
`
`Exhibit 1
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`Legend Films Successfully Raises $5 Million in Venture Capital Funding | Business Wire
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`Page 1 of 2
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`Legend Films Successfully Raises $5 Million in Venture Capital
`Funding
`
`Proceeds to Fund 2D to 3D Conversion Technology, Home
`Entertainment Business, & RiffTrax.com
`
`September 11, 2008 11:56 AM Eastern Daylight Time
`
`SAN DIEGO--(BUSINESS WIRE)--Legend Films, Inc., a global entertainment and digital media
`company, has closed on a $5 million Series E Preferred Stock offering. The lead investor was
`Augustus Ventures Limited, with participation by Legend’s largest shareholder -- Boston-based equity
`fund Par Investment Partners. The proceeds are being used to fund Legend’s investment in its new
`3D conversion technology, growth in Legend’s Home Entertainment business, and its successful Web
`2.0 business at RiffTrax.com. “We are pleased to add Augustus Ventures to our strong shareholder
`base,” commented Chief Executive Officer David G. Martin. “This funding gives us the necessary
`capital to fuel our aggressive growth plans in technology, content, and online services.”
`
`2D to 3D Conversion: Legend Films, in partnership with digital imaging innovator Passmorelab, has
`created cutting-edge technology and processes for converting 2D film and video into stereoscopic 3D.
`This technology can transform any movie or TV show into 3D for in-theater or in-home viewing. By
`next year there will be thousands of 3D-enabled theaters, and millions of 3D-enabled television sets in
`the United States. With major studios and directors now committed to 3D releases for many of their
`upcoming feature films, the stage is set for a new 3D era in theater and home entertainment.
`
`Legend Films is primed to lead in content generation for this massive market opportunity based upon
`our vast experience in adding value to existing films and TV and our exceptional reputation with all the
`major Hollywood studios. “The process of converting existing 2D feature films and television episodes
`into 3D content is a logical extension of Legend Film’s ground-breaking digital colorization process,”
`said founder Barry Sandrew. “With a powerful base of innovative technology and time-tested
`production experience, the team of Legend Films and Passmorelab is perfectly positioned to become
`a leader in the conversion of 2D feature films and television episodes to 3D.” Legend Films is offering
`conversion services on a fixed-cost basis, a back-end revenue share, or a blended approach.
`
`http://www.businesswire.com/news/home/20080911005745/en/Legend-Films-Successfully-Raises-5-Million-Ve...
`
`5/2/2016
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`Legend Films Successfully Raises $5 Million in Venture Capital Funding | Business Wire
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`Page 2 of 2
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`Our 3D conversion technology is an outgrowth from our industry-leading position in the restoration and
`colorization of classic films and video. With studios in San Diego, California and Patna, India, Legend
`Films has color produced over 120 films in the past 6 years including the restoration and colorization
`of feature films and television episodes for its own library as well as for 20 Century Fox, Paramount
`th
`Pictures, Universal Studios, Sony Pictures Entertainment, CBS Television, HBO, BBC, Jim Nantz
`Productions, and ESPN Networks. Most recently, Legend Films produced Paramount’s 2007 color
`release of It’s A Wonderful Life, and Holiday Inn for Universal Pictures which will be released October
`14 , 2008.
`th
`
`Legend Films Home Entertainment: Legend Films recently acquired the exclusive DVD distribution
`rights to 38 feature films from a major Hollywood studio. These titles, never before seen on DVD,
`include a mix of hit movies, popular favorites and controversial cult classics. These critically acclaimed
`films, combined with Legend Films’ growing catalog, now total over 100 titles. (Please visit
`www.legendfilms.com for a complete list.) Legend Films is also involved in on-going negotiations for
`additional studio catalog titles.
`
`Previously distributed by third parties, Legend Films now successfully self-distributes its entire DVD
`product line to the home entertainment industry. Enthusiastic consumer reaction has been reflected in
`brisk sales that show continuing growth potential. Key accounts include Best Buy, Target, and
`Amazon. Legend Films also distributes its expanding DVD library internationally in over 30 countries.
`
`RiffTrax.com: RiffTrax.com is a high-growth Web 2.0 business featuring the hilarious DVD
`commentaries of Michael J. Nelson - Star of the legendary Mystery Science Theater 3000. At
`RiffTrax.com, for just a couple of dollars each, you can download feature-length commentaries by
`Mike (plus other stars of MST3K and guest celebrities such as “Weird Al” Yankovic) and listen to these
`"RiffTrax" in sync with your favorite DVDs or pre-synched via Video On Demand. It's like watching a
`movie with your funniest friends. RiffTrax also has a growing interactive community, and has just
`launched iRiffs, where anyone can upload their own commentary on any movie or online media and
`sell it to fans worldwide. More user-generated content tools will be launched later this year (including a
`re-launch of Cuts.com) enabling users to interact with, and riff on, movie and video content.
`
`For more information visit www.legendfilms.com, or www.rifftrax.com.
`
`Contacts
`Legend Films, Inc.
`Barry Sandrew, 858.793.4420 x18
`Bsandrew@legendfilms.com
`
`http://www.businesswire.com/news/home/20080911005745/en/Legend-Films-Successfully-Raises-5-Million-Ve...
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`5/2/2016
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`Exhibit 2
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`“Night of the Living Dead” to Be Released in Color and 3D | Business Wire
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`Page 1 of 2
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`“Night of the Living Dead” to Be Released in Color and 3D
`
`December 23, 2008 08:38 PM Eastern Standard Time
`
`SAN DIEGO--(BUSINESS WIRE)--“Night of the Living Dead” is getting a unique dimensional twist that
`promises to pull viewers closer to the undead action. The team of Legend Films and PassmoreLab is
`bringing new life to the undead by converting the previously colorized genre-defining zombie film into
`jaw-dropping 3D. The enhanced 1968 George Romero cult classic is slated for release on April 1,
`2009.
`
`This updated 3D version of “Night of the Living Dead” will preserve the original vision of the film and its
`memorable story and characters while going several steps further and brings new meaning to the
`memorable line, “They’re coming to get you!” The audience will no longer feel safely isolated from the
`undead; they’ll feel as though they actually are part of the experience and are trapped by protagonists,
`Ben and Barbara, in the farm house as the zombies close in for the kill.
`
`While “Night of the Living Dead” wasn’t the first zombie film ever made, it’s certainly the film that
`introduced the zombie archetype to the horror genre. The independent movie defied the odds when it
`was released in black and white, grossing over $30 million internationally. Four decades later the film
`is going strong as a popular cult classic and a staple of any scary movie marathon. “Night of the Living
`Dead” has a huge fan base and has inspired a number of sequels and spin-offs of the original film.
`
`“'Night of the Living Dead' is a great cult film and conversion into 3D is a certain crowd pleaser,”
`commented Greg Passmore, PassmoreLab’s President. “It is looking really awesome. Legend did a
`beautiful job on color and the 3D conversion we are now teaming up to produce is downright zombie
`popping,” he concluded.
`
`This conversion project is intended to produce a fun and energetic film release that will no doubt
`become a Halloween favorite for zombie fans both young and old. Those who are already fans of this
`cult classic will enjoy this new twist on an old favorite while new viewers can experience the undead
`action for the first time in vivid color and 3D, complete with re-mastered sound.
`
`“Using the most advanced, proprietary technology, ‘Night of the Living Dead’ will be the world’s first
`full-live action feature film to be converted from 2D to 3D,” explained Barry Sandrew, Ph.D., Legend
`Films’ Founder and President. “The eight-year relationship between Legend Films and PassmoreLab
`has evolved into a powerful technology and production partnership poised to capture a significant
`portion of the burgeoning 3D conversion market.”
`
`http://www.businesswire.com/news/home/20081223005830/en/%E2%80%9CNight-Living-Dead%E2%80%9D-...
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`5/2/2016
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`“Night of the Living Dead” to Be Released in Color and 3D | Business Wire
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`Page 2 of 2
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`The 3D film will be released by Legend in Europe theatrically and in the United States in a limited
`theatrical release. It will also be released on DVD and as a downloadable version available on
`Rifftrax.com. The downloadable version will include hilarious RiffTrax commentary by former Mystery
`Science Theater 3000 stars Mike Nelson, Bill Corbett and Kevin Murphy.
`
`About Legend Films, Inc.
`
`Legend Films, Inc. (www.legendfilms.com) was founded in August 2001 in San Diego. The studio
`specializes in restoring and colorizing classic films for DVD, HDTV and theatrical release as well as
`performing color effects work for major studios and film makers. With a design studio in San Diego
`and production studio in India, Legend Films has restored and colorized over 120 feature films in the
`past five years and has now adapted their time and quality proven colorization masking process for full
`feature film 3D conversion.
`
`About PassmoreLab
`
`PassmoreLab (www.passmorelab.com) started in San Diego, California, in 2003. The company’s staff
`is composed of programmers and scientific engineers, and also includes graphic artists,
`stereographers, videographers, a musical composer and even a biologist. PassmoreLab facilities
`include a full live action studio, video/film post-production, an optical development lab, and a software
`development environment. PassmoreLab is a firm with staff around the world, offices in San Diego,
`Russia and the Philippines and is now focused on producing the most advanced 3D conversion
`technology in the industry.
`
`Contacts
`The Blaine Group
`Lisa Baker
`310-360-1499, FAX: 1498
`lisa@blainegroupinc.com
`
`http://www.businesswire.com/news/home/20081223005830/en/%E2%80%9CNight-Living-Dead%E2%80%9D-...
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`5/2/2016
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