`
`www.mchiveorg
`415.561.6767
`415340-0391 c-fax
`
`1mm“ Archive
`300 “mm," Avenue
`5,,“ pmmm‘ (:.-\ 9411 3
`
`AFFIDAVIT OF CHRISTOPHER BUTLER
`
`I. 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 form. Like a paper library, we provide
`free access to researchers, historians. scholars, and the general public. The Internet
`Archive has partnered with and receives support from various institutions, including the
`Library of Congress.
`3. The lntemet 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
`lntemet 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`dates, and then begin surfing on an archived version of the Web.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). If a visitor clicks on a link on an archived page, the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 crawiers, 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 Internet Archive assigns a URL on its site to the archived files in the format
`http:f/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/19970126045828/http://www.archive.orgf would be the
`URL for the record of the Internet Archive home page HTML file
`(http:l/wwwarchiveorgl) archived on January 26, I997 at 4:58 am. 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
`lntemet Archive‘s records of the HTML files or PDF files for the URLs and the dates
`
`specified in the footer of the printout (HTML) or attached coversheet (PDF).
`7. I declare under penalty of perjury that the foregoing is true and correct.
`
`DATE: Hui“)?
`
`1"
`
`l {LN—”lb
`
`Christopher Butler
`
`Page1of13
`Page 1 of 13
`
`Shopify Exhibit 1020
`
`

`

`CALIFORNIA JURAT
`
`See Attached Document.
`
`A notary public or other officer completing this
`certificate verifies only the identity of the
`individual who signed the document to which this
`certificate is attached, and not the truthfulness,
`
`accuracy, or validity of that document.
`
`State of California
`
`County of San Francisco
`
`
`
`
`2 '
`-
`'
`
`
`LAUREL KARI!
`2z
`Notary Public - California
`
`).-
`San Francisco County
`Commission # 2172:2130”
`
`
`
`Subscribed and sworn to (or affirmed) before me on
`this
`
`HA
`
`l
`
`day Of
`
`I
`
`”Vb/l
`
`1'
`
`'
`a flat by
`
`Christopher Butler,
`
`proved to me on the basis of satisfactory evidence to be
`the person who appeared before me.
`
`Signature:
`
`
`
`7
`
`Page2of13
`Page 2 of 13
`
`

`

`Exhibit A
`
`Exhibit A
`
`Page3of13
`Page 3 of 13
`
`

`

`Digital River - Secure Encrypted Software Distribution
`
`1 of 2
`
`Founded in 1994 as a joint venture between Fujitsu Limited of Japan and
`Joel Ronning, President and CEO of Tech Squared, Inc., Digital River was
`created to enable the secure transmission of digital information.
`
`The explosive growth of world wide computer networks including the
`Internet and the proliferation of high capacity rewritable store media offers
`a new and highly ef!cient venues for distribution of Digital Data. With two
`years of development and seven pending patents on it's technology, Digital
`River offers software publishers and resellers the secure, turn-key capacity
`to deliver their products digitally to customers via the Internet or on a wide
`variety of storage media.
`
`The key advantages to digital delivery of software include:
`
`Immediate delivery of product with little or no cost of goods
`Low risk of stock obsolence
`Lower shipping and handling costs
`Reduced "time to market"
`Powerful marketing options
`Wide distribution with 100% user registration
`Environmentally friendly
`
`These ef!ciencies of distribution allow for attractive pricing for endusers
`with higher pro!t margins for publishers and vendors.
`
`Digital River's products and services make these bene!ts available to
`manufacturers, dealers and customers now. Current offerings include:
`
`Digital River's Secure Sales System (SSS) brings together software
`manufacturers and dealers enabling them to sell and deliver product
`via the Internet. This service will provide all digital delivery, security,
`collections and reporting of the sale of software. Throughout this
`process it will appear to the consumer as if the transaction is being
`processed by the manufacturer or dealer while the Digital River SSS is
`handling the whole transaction "behind the scenes".
`
`Page4of13
`https://web.archive.org/web/19970412100754/http://www.digitalriver.com:80/
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`

`

`Digital River - Secure Encrypted Software Distribution
`
`2 of 2
`
`Digital River's Self Encrypted Application System (SEAS) and
`Browser Encrypted System allow for the free distribution of encrypted
`Macintosh software so that users may use the software a limited
`number of times on a trial basis. If the user then wants to purchase the
`software, they need only call a toll free number to receive a decryption
`code. If they choose not to purchase the software, it may be erased or
`will self-destruct after 10 trial uses. These "digital" packages are
`delivered to the customer with a familiar, intuitive and standard
`interface.
`
`A key advantage to a partnership with Digital River is
`the high level of service offered by the company,
`including customization of Web presentation so that the
`SSS remains behind the scenes, rapid posting of new
`software and new versions, and of course timely
`reporting and payment on all software sales. Included in
`the reporting will be each customers name, address,
`phone number and a user pro!le that will provide
`manufacturers and dealers with unprecedented marketing opportunities in
`the future.
`
`Page5of13
`https://web.archive.org/web/19970412100754/http://www.digitalriver.com:80/
`
`

`

`Digital River - Secure Encrypted Software Distribution
`
`1 of 2
`
`Digital River helps software developers sell
`more software and other digital products
`directly to their customers over the Internet.
`We then increase the sales potential of these
`products by placing them in our high traf!c,
`on-line software dealer stores. Follow the links
`at the left to learn more about the Digital River
`Network.
`
`How Can I Get On The
`River?
`
`Start Selling Software Online Now!
`Call 800-643-0624, or contact our Sales
`Department via email.
`
`Page6of13
`https://web.archive.org/web/19971221024408/http://digitalriver.com:80/
`
`

`

`Digital River - Secure Encrypted Software Distribution
`
`2 of 2
`
`Who is Digital River? | Turn Your Web Site Into A Web Store!
`Maximize Dollars, Not Clicks! | Secure Commerce
`Clients of Digital River | Customer Service
`Investor Relations | Getting On Digital River
`
`Page7of13
`https://web.archive.org/web/19971221024408/http://digitalriver.com:80/
`
`

`

`Digital River - Secure Encrypted Software Distribution
`
`1 of 2
`
`How Can I Get On The
`River?
`
`Call 800-643-0624
`
`Turn Your Web Site Into a Web Store!
`
`It's time your site got down to business
`
`You know the problem: Web sites are usually born to communicate
`company news and answer product questions, and in most cases, they
`do that pretty well. The stickler is, potential customers have to leave
`your site to buy your products. So there you are. Your site's just
`delivered your best sales presentation ever and they can't buy. They've
`got to call, e-mail, or !nd a distributor.
`
`Immediate, secure transaction
`and delivery means incremental sales
`
`How would you like to be able to sell and deliver your digital products
`on the Internet at the very moment your potential customer thinks
`"yes"? That's precisely what the Digital River Secure Sales System©
`(S3) lets you do.
`
`Consider what a powerful tool this is. You not only sell your products
`instantaneously, right from your site, but you also get:
`
`Freedom from inventory, packaging and warehousing
`Direct access to your customers
`Full order processing and credit management
`100% product registration, with a pro!le of every purchaser
`Ability to sell products from day one of their life cycle
`Cost-effective access to the fastest growing customer base in the
`world
`State-of-the-art sales and traf!c reporting
`And, as regular-as-clockwork, a check for your software sales
`
`Think how many incremental sales you'll pick up with a system that
`captures customers immediately, downloads products smoothly,
`processes payments instantly, and is totally secure - guaranteed! (You
`could be "on the River" in a few weeks. That's all it takes.)
`
`Start Selling Software Online Now!
`
`Page8of13
`https://web.archive.org/web/19971221024500/http://digitalriver.com:80/Page2.html
`
`

`

`Digital River - Secure Encrypted Software Distribution
`
`2 of 2
`
`Call 800-643-0624, or contact our Sales Department via email.
`
`Who is Digital River? | Turn Your Web Site Into A Web Store!
`Maximize Dollars, Not Clicks! | Secure Commerce
`Clients of Digital River | Customer Service
`Investor Relations | Getting On Digital River
`
`Page9of13
`https://web.archive.org/web/19971221024500/http://digitalriver.com:80/Page2.html
`
`

`

`Digital River - Secure Encrypted Software Distribution
`
`1 of 2
`
`How Can I Get On The
`River?
`
`Call 800-643-0624
`
`Maximize Dollars Not Clicks!
`
`Marketing opportunities
`that can multiply sales even more
`
`As our client you also become part of the Digital River
`Network, which gives you the opportunity to leverage your
`product exposure in two highly pro!table ways:
`
`First, Network members can be linked to each other's
`sites, so complimentary products can be bundled, your
`customer's experience enhanced, and your sales revenue
`increased.
`More importantly, if you choose, your products will
`appear on the sites of all the dealers who are part of the
`Digital River Network.
`
`Both of these features work to increase the incremental sales
`potential of your software.
`
`Extend your selling environment
`
`Better yet, the entire transaction takes place in the selling
`environment you've created, surrounded by the look and feel
`of your identity, with your products presented the way you
`want them presented, with no competition.
`
`Your customers simply hit the purchase icon at your site and
`the whole process unfolds smoothly. There's no sensation of
`being suddenly hustled off to another location. Your
`customers won't end up at some foreign-looking page where
`they have to hunt to !nd your product. You can even prompt
`customers to purchase additional products, for instance
`printed manuals or more of your software. And it all takes
`place during a single purchase process.
`
`Digital River has created seamless continuity. The only way
`your customers realize we're involved is by the Digital River
`logo at the bottom of your page. And that's there to reassure
`them that any transaction taking place at your site will be
`
`Page10of13
`https://web.archive.org/web/19971221024519/http://digitalriver.com:80/Page3.html
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`

`

`Digital River - Secure Encrypted Software Distribution
`
`2 of 2
`
`secure, easy, accurate, and immediate - it's a seal of quality.
`
`All you have to do is cash the check
`
`Digital River is a rich resource for anyone who wants to get
`down to business on the Internet. When you call Digital River,
`you tap into a group of people totally focused on digital
`commerce. That's why we do it so well. Selling your products
`has our total attention - we have no higher priority.
`
`Whatever it takes to fuel your success, you can count on
`Digital River. We'll customize your Web presentation to make
`sure design continuity is maintained throughout the purchase,
`we'll post your new software and new versions as soon as
`they're available, and we'll deliver the reports and payments
`you need on a timely basis. (You get each customer's name,
`address, phone number, fax number, and e-mail address, a
`pro!le that provides unprecedented marketing opportunities.)
`
`It just makes a ton of sense. You do what you do best: develop
`and market digital products. We do what we do best: make
`sure that when your customer says "yes," the transaction and
`delivery is done immediately, with no hassles.
`
`In fact, we e-mail you every time there's a sale. You get
`regular accurate digital reports, and your checks are on time.
`
`Start Selling Software Online Now!
`Call 800-643-0624, or contact our Sales Department via
`email.
`
`Who is Digital River? | Turn Your Web Site Into A Web Store!
`Maximize Dollars, Not Clicks! | Secure Commerce
`Clients of Digital River | Customer Service
`Investor Relations | Getting On Digital River
`
`Page11of13
`https://web.archive.org/web/19971221024519/http://digitalriver.com:80/Page3.html
`
`

`

`Digital River - Secure Encrypted Software Distribution
`
`1 of 2
`
`Call 800-643-0624
`
`Secure Commerce, Reporting and
`Auditing
`
`Reporting
`
`Every sale made through Digital River is electronically
`documented. You are alerted each day by e-mail. Then the
`cumulative information comes to you monthly. For each sale you
`receive the customer name, company name, title, address, phone
`number, fax number, E-mail address and user pro!le, along with
`a detail of the unit sales.
`
`Auditing
`
`How Can I Get On The
`River?
`
`If you ever want to verify sales information, no problem. Digital
`River maintains an "open book" policy on transactions with you.
`You never have to wonder whether you're getting reliable data.
`And if you do have questions, you can see for yourself.
`
`Secure Sales System © (S3)
`
`Digital River's S3 is, in fact, an Internet Server that combines
`"C" and UNIX encryption systems with SSL (Secure Socket
`Layer) protocol, Public and Private Key encryption, credit card
`transaction processing, and automatic and manual transaction
`reporting processes.
`
`Stated more simply, all of the concerns and problems of
`identifying and authenticating the data and assuring privacy
`every step of the way are covered by Digital River's S3 - you can
`count on it. That includes six levels of designed-in security to
`protect both you and your customers:
`
`Level one lies in a Secure Socket Layer (SSL) that
`encrypts transmissions from both the server and end-user
`sites. The transmissions are readable based on a public and
`private key technology that assigns an undetectable code
`
`Page12of13
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`

`

`Digital River - Secure Encrypted Software Distribution
`
`2 of 2
`
`to the end-user, for data transmission and decryption to
`and from the server. Simply put, the server and end user's
`transmissions are a matched pair, so that only data to and
`from these sources can be valid.
`Level two is a user-de!ned code that's generated when the
`customer enters a secure area. This "unlock" code is only
`presented to the end user in two cases: if the user's
`transmission is interrupted or if the customer chooses to
`do their credit card transaction off-line. In either case the
`user captures this code and re-enters the system. The code
`has to match the previous identi!cation before allowing
`any more data exchange.
`The third level is an administrative security layer that
`"observes" all the traf!c through the server and takes
`"snapshots," matching it against system procedures and
`eliminating any access through a "back door."
`The fourth level is an operating package that regulates the
`!ow of authorized data, credit card veri!cations and
`encrypted algorithms. This is a watch dog that con!rms
`the exact amount of data being transmitted and cross
`checks its sources and destinations against preset
`authorization pro!les. It eliminates excess data and
`unauthorized transmissions.
`Level !ve is encrypted data. Your digital products are
`protected behind a series of servers - !re walls that
`permanently shield your software from the rest of the
`Internet - and then specially packaged and encrypted so
`they cannot be accessed by unauthorized users.
`The sixth security level is credit card encryption and !re
`walls. All your customer's data and credit card information
`is protected by multiple servers and proprietary encryption
`processes.
`
`Start Selling Software Online Now!
`Call 800-643-0624, or contact our Sales Department via
`email.
`
`Who is Digital River? | Turn Your Web Site Into A Web Store!
`Maximize Dollars, Not Clicks! | Secure Commerce
`Clients of Digital River | Customer Service
`Investor Relations | Getting On Digital River
`
`Page13of13
`https://web.archive.org/web/19971221024534/http://digitalriver.com:80/Page4.html
`
`