`415.561.6767
`415e840_O391e__eflx
`
`Imemee Aeehive
`300 ,.-u,,_,.,(,,, ,.\ve,,ee
`San ;.,,,,,,_.,,.w‘ (;_,\ 94118
`
`AFFIDAVIT OF CHRISTOPHER BUTLER
`
`l. I am the Office Manager at the Internet Archive, located in San Francisco,
`California. I make this declaration of my own personal knowledge.
`2. The Internet Archive is a website that provides access to a digital library of
`Internet sites and other cultural artifacts in digital fonn. Like a paper library, we provide
`free access to researchers, historians, scholars, and the general public. The lntemet
`Archive has partnered with and receives support from various institutions, including the
`Library of Congress.
`3. The Internet Archive has created a service known as the Wayback Machine. The
`Wayback Machine makes it possible to surf more than 450 billion pages stored in the
`Internet Archive's web archive. Visitors to the Wayback Machine can search archives
`by URL (i.e., a website address). If archived records for a URL are available, the visitor
`will be presented with a list of available dates. The visitor may select one of those
`dates, and then begin surfing on an archived version of the Web. The links on the
`archived files, when served by the Wayback Machine, point to other archived files
`(whether HTML pages or images). Ifa visitor clicks on a link on an archived page, the
`Wayback Machine will serve the archived file with the closest available date to the page
`upon which the link appeared and was clicked.
`4. The archived data made viewable and browseable by the Wayback Machine is
`compiled using software programs known as crawlers, which surf the Web and
`automatically store copies of web files, preserving these files as they exist at the point of
`time of capture.
`5. The lntemet Archive assigns a URL on its site to the archived files in the format
`http://web.archive.org/web/[Year in yyyy][Month in mm][Day in dd][Time code in
`hh:mm:ss]/[Archived URL]. Thus, the Internet Archive URL
`http://web.archive.org/web/l9970126045828/http://www.archive.org/ would be the
`URL for the record of the Internet Archive home page HTML file
`(http://www.archive.org/) archived on January 26, 1997 at 4:58 a.m. and 28 seconds
`(1997/01/26 at 04:58:28). A web browser may be set such that a printout from it will
`display the URL of a web page in the printout’s footer. The date assigned by the Internet
`Archive applies to the HTML file but not to image files linked therein. Thus images that
`appear on a page may not have been archived on the same date as the HTML file.
`Likewise, if a website is designed with "frames," the date assigned by the Internet
`Archive applies to the frameset as a whole, and not the individual pages within each
`frame.
`
`6. Attached hereto as Exhibit A are true and accurate copies of printouts of the
`Internet Archive's records of the HTML files for the URLs and the dates specified in the
`footer of the printout.
`7. I declare under penalty of perjury that the foregoing is true and correct.
`
`DATE:
`
`lo [LC [lb
`
`C/l/M/P
`
`Christopher Butler
`
`RPX Exhibit 1048
`
`RPX Exhibit 1048
`RPX v. DAE
`
`RPX V. DAE
`
`RPX Exhibit 1048 - Page 1
`RPX Exhibit 1048 — Page 1
`
`
`
`RPX Exhibit 1048 - Page 2
`RPX Exhibit 1048 — Page 2
`
`Exhibit A
`
`Exhibit A
`
`
`
`
`
`RealAudio 2.0 Player Release Notes
`
`1 of 2
`
`Release Notes: RealAudio Player 2.0 for Windows
`
`This documentation explains how to download, set up, and use the RealAudio Player; system and software requirements;
`configuration instructions for Web browsers; and instructions for solving possible problems. The software and
`documentation are provided to you in accordance with your license agreement. If you encounter a problem with the Player
`and you cannot find the solution in these Release Notes, please refer to Frequently Asked Questions.
`
`About the RealAudio Player 2.0
`
`There are two versions of the RealAudio Player for Windows. Version 1.0 has been providing a reliable interface for playing
`RealAudio files for several months. These release notes are intended for use with Version 2.0. The RealAudio Player 2.0 for
`Windows has many exciting new features.
`
`The RealAudio Player 2.0 for Windows allows you to listen to live and pre-recorded RealAudio files over the Internet in
`real-time, without downloading. Simply click on a RealAudio link from a World Wide Web page, and your RealAudio
`Player will automatically open and play the file you have selected.
`
`After you have clicked on an audio file, you can continue to use your Web browser while the RealAudio Player is playing. If
`you wish, you can minimize the Player while you use other applications. You can also choose to have the Player displayed in
`front of active applications. Either way, the Player will continue to play the selected audio file until the file is finished, or
`until it is stopped or paused, without interfering with the functionality of other programs.
`
`There are two RealAudio 2.0 Players for Windows available:
`
`RealAudio 2.0 for Windows 95 and Windows NT. This is a RealAudio Player which has been optimized to work with
`32-bit Windows.
`
`RealAudio 2.0 for Windows 3.1x. This is a RealAudio Player which runs under 16-bit Windows.
`
`All RealAudio 2.0 Players can play two different algorithms:
`
`The 14.4 algorithm provides monophonic AM quality sound, and requires a 14.4 Kbps modem or faster connection to
`the Internet
`
`The 28.8 algorithm provides monophonic FM quality sound, and requires a 28.8 Kbps modem or faster connection to
`the Internet
`
`To determine which algorithm can be supported by your system, check the System Requirements section in these release
`notes. The RealAudio Player 2.0 is available from Progressive Networks' Web site.
`
`To use your RealAudio Player, connect to a World Wide Web site that has RealAudio. The RealAudio Home Page is a good
`starting point. For a complete listing of all World Wide Web sites that feature RealAudio, including RealAudio 2.0 sites, see
`the RealAudio Guide.
`
`To set up your RealAudio 2.0 Player, follow the instructions in the Quick Start section.
`
`To find out more about how the RealAudio System provides real-time audio delivery on demand, please read The RealAudio
`File Delivery Process. If you need help, or find a problem, please see our support pages.
`
`Continue to Quick Start
`
`Main Help Page
`
`Support Request
`
`RealAudio HomePage
`
`https://web.archive.org/web/19970614003735/http://www.real.com/help/player/win2.0/about.html
`
`RPX Exhibit 1048 - Page 3
`
`
`
`RealAudio 2.0 Player Release Notes
`
`2 of 2
`
`Copyright © Progressive Networks, 1996, all rights reserved. RealAudio is a trademark of Progressive Networks.
`
`https://web.archive.org/web/19970614003735/http://www.real.com/help/player/win2.0/about.html
`
`RPX Exhibit 1048 - Page 4
`
`
`
`RealAudio Player 2.0 Release Notes
`
`1 of 2
`
`Release Notes: RealAudio Player 2.0 for Windows
`
`RealAudio Player Controls
`
`To use the RealAudio Player, click on any RealAudio link on a World Wide Web page. Your Player should open and play
`automatically.
`
`Player Window
`
`RealAudio clips start playing automatically when you link to a clip from a Web page. You can pause a
`clip for approximately two minutes before the RealAudio Server terminates your connection. The Play
`and Pause commands are also available from the shortcut menu that appears when you click the right
`mouse button anywhere in the Player window.
`
`Stops the clip. Stop can also be executed from the shortcut menu.
`
`Fast Forwards or Rewinds the RealAudio clip in 10 second intervals.
`
`Changes the volume of the clip.
`
`Shows when the Player is connecting to a RealAudio Server (the speaker spins), when the Player is
`playing a RealAudio file (the speaker shows animated sound waves), and when the Player is attempting
`to play a RealAudio file, but is encountering high data loss (a lightning bolt comes from the speaker).
`Clicking on the Home Button takes you to the RealAudio Home Page.
`
`Play/Pause
`
`Stop
`
`FF/Rewind
`
`Volume
`
`Home
`Button
`
`Status Bar
`
`The current state of the Player is displayed in the status bar at the bottom of the Player. The following messages will display:
`
`Buffering. When you connect to a link on a Web page, the audio stream received by the Player will collect in the
`buffer (holding area) until enough packets arrive to start playing the audio stream. This takes only a few seconds.
`
`(Clip x of y). When the RealAudio Player has been told to play more than one RealAudio (.ra) file in a row, you will
`be told how many total clips are to be played, and what clip number you are on.
`
`Stopped. This indicates the audio has stopped, either because you selected the stop button, or because the end of the
`clip has been reached.
`
`Paused. This indicates the audio has paused because you selected the pause button.
`
`https://web.archive.org/web/19970614003654/http://www.real.com/help/player/win2.0/controls.html
`
`RPX Exhibit 1048 - Page 5
`
`
`
`RealAudio Player 2.0 Release Notes
`
`2 of 2
`
`Playing (14.4 or 28.8) network stream. This message displays when the Player is playing audio over the Internet.
`The number (14.4 or 28.8) indicates the sound algorithm used to encode the file (see the Sound page). If you do not
`hear any audio when this message is displayed, adjust the volume on the Player and on your speakers. If you are still
`having problems, you may need to adjust the Wave volume in your sound card's mixer application.
`
`If you are using Windows 3.1x, look for your sound card Program group. You should be able to access your
`wave mixer from there.
`
`If you are using Windows 95, choose Multimedia from the Control Panel and adjust the Audio Playback
`volume.
`
`Playing (14.4 or 28.8) local stream. If you play a clip from a local file rather than over the Internet, this message will
`be displayed while the clip is playing. The number (14.4 or 28.8) indicates the sound algorithm used to encode the file
`(see the Sound page).
`
`Playing (14.4 or 28.8) live stream. You will see this message when playing a live event across the Internet. The
`number (14.4 or 28.8) indicates the sound algorithm used to encode the file (see the Sound page).
`
`Contacting Host. This indicates that the Player is requesting a file from a RealAudio Server.
`
`The display to the right shows how long the clip has been playing and the total length of the clip. Note that the total length
`of the clip is not shown when listening to a live network stream.
`
`Contine to Player Menus
`
`Table of Contents Main Help Page
`
`Support Request
`
`RealAudio HomePage
`
`Copyright © Progressive Networks, 1995, 1996, all rights reserved. RealAudio is a trademark of Progressive Networks.
`
`https://web.archive.org/web/19970614003654/http://www.real.com/help/player/win2.0/controls.html
`
`RPX Exhibit 1048 - Page 6