Declaration of Tina Brand
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`I, Tina Brand, declare as follows:
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`1.
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`My name is Tina Brand. I am currently an author and artist residing in Arlington,
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`Massachusetts. I am over the age of 18, have personal knowledge of the facts set forth herein, and am
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`competent to testify to the same.
`
`2.
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`From 1989-2013, I spent twenty-four years in roles including Technical Writer,
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`Documentation Manager, Release Manager, and Project Manager at several companies including
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`ICAD, Concentra, Inc., and Oracle Corporation. In particular, I authored manuals and customer
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`training materials for a product configurator known as Oracle Configurator.
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`3.
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`From 1989-1999 I worked at ICAD and then Concentra. From 1993-1995, I worked as
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`the Documentation Manager for Concentra. In 1995-1996, I was the Release Manager for the first
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`release of Concentra’s SellingPoint Configurator. In 1997-1998, I was a Project Manager on
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`SellingPoint and personally worked with customers. In 1998, I again became the Documentation
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`Manager for Concentra’s SellingPoint Configurator and was based in Burlington, Massachusetts.
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`4.
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`Oracle then purchased Concentra. Concentra became a part of Oracle in January 1999
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`after the acquisition closed. From January 1999 until June 2007 my role was Manager for Configurator
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`Documentation and Curriculum Development. In this role, I wrote documentation and training
`
`materials and oversaw the documentation and curriculum development group for Oracle Configurator
`
`and configuration technology, continuing the role I had immediately before the acquisition.
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`5.
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`After the acquisition of Concentra, Oracle initially re-branded SellingPoint Configurator
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`as Oracle SellingPoint Configurator and then Oracle Configurator. (These names were used to refer to
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`the same product during the period of time that Oracle integrated the Concentra SellingPoint
`
`1
`
`CONFIGIT 1008
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`1
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`
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`I, Tina Brand, declare as follows:
`
`1.
`
`My name is Tina Brand. I am currently an author and artist residing in Arlington,
`
`Massachusetts. I am over the age of 18, have personal knowledge of the facts set forth herein, and am
`
`competent to testify to the same.
`
`2.
`
`From 1989-2013, I spent twenty-four years in roles including Technical Writer,
`
`Documentation Manager, Release Manager, and Project Manager at several companies including
`
`ICAD, Concentra, Inc., and Oracle Corporation. In particular, I authored manuals and customer
`
`training materials for a product configurator known as Oracle Configurator.
`
`3.
`
`From 1989-1999 I worked at ICAD and then Concentra. From 1993-1995, I worked as
`
`the Documentation Manager for Concentra. In 1995-1996, I was the Release Manager for the first
`
`release of Concentra’s SellingPoint Configurator. In 1997-1998, I was a Project Manager on
`
`SellingPoint and personally worked with customers. In 1998, I again became the Documentation
`
`Manager for Concentra’s SellingPoint Configurator and was based in Burlington, Massachusetts.
`
`4.
`
`Oracle then purchased Concentra. Concentra became a part of Oracle in January 1999
`
`after the acquisition closed. From January 1999 until June 2007 my role was Manager for Configurator
`
`Documentation and Curriculum Development. In this role, I wrote documentation and training
`
`materials and oversaw the documentation and curriculum development group for Oracle Configurator
`
`and configuration technology, continuing the role I had immediately before the acquisition.
`
`5.
`
`After the acquisition of Concentra, Oracle initially re-branded SellingPoint Configurator
`
`as Oracle SellingPoint Configurator and then Oracle Configurator. (These names were used to refer to
`
`the same product during the period of time that Oracle integrated the Concentra SellingPoint
`
`1
`
`CONFIGIT 1008
`
`1
`
`
`
`Configurator over the 1999-2001 time period.) I am personally familiar with the documentation,
`
`having written or managed it while at Concentra and Oracle.
`
`6.
`
`I have reviewed Ex. 1003, which is a copy of “Oracle Configurator Developer: User’s
`
`Guide Release 11i for Windows 95/98 and Windows NT 4.0” dated April 2000 with part No. A73280-
`
`05. This is a true and accurate copy of the published user guide, which I wrote along with my co-
`
`authors Denise Boyer, Mark Sawtelle, and Jan Stetson, and that was published in 2000. A copy is at
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`https://docs.oracle.com/cd/A85683_03/acrobat/115czocdug.pdf.
`
`7.
`
`I have reviewed Ex. 1004, which is a copy of “Oracle Configuration Interface Object
`
`(CIO) Developer’s Guide Release 11i” dated March 2000 with part No. A81001-03. This is a true and
`
`accurate copy of the published user guide that was published in 2000. A copy is at
`
`https://docs.oracle.com/cd/A85683_03/acrobat/115czciodg.pdf. In my role as manager for
`
`Configurator Documentation back at that time, I oversaw the creation of that document.
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`8.
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`These manuals (Exhibits 1003 and 1004) were part of Release 11i of the Oracle Product
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`Documentation set, and reference each other in the “Related Documents” section of each manual.
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`9.
`
`My recollection is that Exs. 1003 and 1004 were publicly available in 2000 in at least
`
`three different ways: (1) via CD-ROM, (2) via download from Oracle’s website docs.oracle.com, and
`
`in (3) printed books. I have reviewed Exhibit 1016, which is the “Oracle Applications Product Update
`
`Notes” from May 2000 (part of the same set of documentation found here:
`
`https://docs.oracle.com/cd/A85683_03/html/homeset.html) linked here:
`
`https://docs.oracle.com/cd/A85683_03/acrobat/r115pun.pdf. That exhibit (which also discusses the
`
`Oracle Configurator at 23-1 and 23-2) states at page xiv:
`
`2
`
`2
`
`
`
`10.
`
`That statement is consistent with my recollection as to how Exs. 1003 and 1004 would
`
`have been available to interested persons in 2000.
`
`11.
`
`I have reviewed Ex. 1017, which is a “capture” of the text of the docs.oracle.com page
`
`by the Internet Archive’s “Wayback Machine” from October 19, 2000, with the URL
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`https://web.archive.org/web/20001019084740/http://docs.oracle.com:80/. (It appears that only the text
`
`was captured by the Internet Archive at the address above and the pages are missing the images.) At
`
`that time, the main page of the website had a link to an explanation of a CD Pack, which is referenced
`
`in Exhibit 1016 above. I have reviewed Ex. 1018, which I understand to be a “capture” of the page that
`
`appears when the user clicks “CD Pack” docs.oracle.com/ help_media.html, as captured by the Internet
`
`Archive on October 19, 2000, at
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`https://web.archive.org/web/20001019040314fw_/http://docs.oracle.com/help_media.html.
`
`12.
`
`That docs.oracle.com page states that “Your CD Pack contains: 1) a ‘How To Get
`
`Started’ guide, 2) a red ‘Quick Suite Install’ CD-ROM, and 3) product CD-ROMs with soft copy
`
`documentation.” That page also states that ‘CD packs were sold for $39.95 per set.’ That page also
`
`states that “In other words, we have unbundled the license from media and documentation, and they are
`
`now sold separately.” That page also states that “You may not have purchased a license to use all the
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`products in the pack. However, you are welcome to install and evaluate, on a trial basis, any of the
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`products in the CD Pack for 30 days at no charge.”:
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`3
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`3
`
`
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`13.
`
`These statements comport with my recollection that in 2000, an interested consumer
`
`could acquire Ex. 1003 and 1004, by CD-ROM. I recall the discussions around the earlier decision to
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`make the documentation available easily in this way. The reason the documentation was available
`
`easily in this way was essentially for product marketing. The aim was to help persuade customers to
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`buy the product by making the documentation available so that the potential customer could review the
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`documentation to learn about the features in the product before they bought a license.
`
`14.
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`In addition, in 1999-2000 I wrote training materials that were given to interested persons
`
`about Oracle Configurator. This is referenced in Exhibit 1003 at page xiii:
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`4
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`4
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`
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`15.
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`I wrote some of the training materials for those Oracle Configurator training classes. I
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`have reviewed training slide materials that I wrote in 2000, and which directs training participants to
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`the “Oracle Configurator documentation on the Oracle Configurator Developer compact disc,” which
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`also comports with my recollection that an interested customer could acquire Ex. 1003 and 1004 by
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`CD-ROM at that time. I also recall that people in the training class had this documentation that they
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`could refer to during the class in addition to the training materials.
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`16.
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`As to web distribution, the website docs.oracle.com was very familiar site to me in the
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`early 2000s including because of my duties as Documentation Manager for the Configurator product.
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`My recollection is that in 2000, Exhibits 1003 and 1004 were also available via Oracle’s website
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`docs.oracle.com. I also recall during customer trainings that we directed participants to that website to
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`download these two manuals.
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`5
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`5
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`
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`17.
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`In addition, I know that Oracle sold these manuals (Ex. 1003 and 1004) in book form to
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`interested customers. These manuals were sold on Oracle’s website. On the left hand side of the
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`screen shown in Exhibit 1017 is the link “ERP and CRM Products printed documentation is available
`
`for sale in the Oracle Store.”
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`18.
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`That takes you to the a link at store.oracle.com wherein “Release 11i Documentation” is
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`listed. Oracle Configurator was one of the “Order Management Applications” and the documentation
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`would have been available in book form at that link.
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`6
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`6
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`
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`Ex. 1019 (https://web.archive.org/web/20001119103400/http://store.oracle.com/cec/cstage?
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`eccookie=&ecaction=ecpassthru&template=combined_decsectview_doc.en.htm).
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`The above website and Exhibit 1016’s statement that “You can purchase hard-copy
`
`documentation from the Oracle Store” is consistent with my recollection that Exhibits 1003 and 1004
`
`would have been available in book form in 2000 to an interested customer, including via purchase via
`
`the Oracle website. I also recall going to the Oracle Store website and ordering my own copy of these
`
`manuals.
`
`19.
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`In these manuals (Exhibit 1003 and Exhibit 1004) we had also included a comment card,
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`which further is consistent with my recollection that these manuals were distributed to customers in
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`2000, and that we solicited feedback from these customers.
`
`20.
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`I also recall meeting with Oracle consultants whose customers were using the Developer
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`User’s Guide. Based on their feedback, my team created new Configurator documentation. I recall
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`that because of feedback, we wrote other manuals, including a modeling guide that taught users how
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`better to model their problems beyond what was taught in the Developer User's Guide, Exhibit 1003.
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`We received that feedback before 2001.
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`7
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`7
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`21.
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`I hereby declare that all statements made herein of my own knowledge are true and that
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`all statements made on information and belief are believed to be true. I further declare that these
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`statements were made with the knowledge that willful false statements and the like so made are
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`punishable by fine or imprisonment, or both, under Section 1001 of the Title 18 of the United States
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`Code and that such willful false statements may jeopardize the validity of this proceeding.
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`Dated this 24th day of May, 2021.
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`Tina Brand
`Arlington, MA
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`By:
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`8
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`8
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