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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

__________________________________________
)
CAPITOL RECORDS, LLC; CAROLINE ) No. 07 Civ. 9931 (WHP)
RECORDS, INC.; EMI CHRISTIAN )
MUSIC GROUP INC.; PRIORITY RECORDS )
LLC; VIRGIN RECORDS AMERICA, INC.; )
BEECHWOOD MUSIC CORP.; )
COLGEMS-EMI MUSIC INC.; EMI APRIL )
MUSIC INC.; EMI BLACKWOOD MUSIC; )
EMI FULL KEEL MUSIC; EMI GOLDEN )
TORCH MUSIC CORP.; EMI LONGITUDE ) EMI’S DOCUMENT
MUSIC; EMI VIRGIN MUSIC, INC.; ) REQUESTS
EMI VIRGIN SONGS, INC., )
)
Plaintiffs, )
)
v. )
)
MP3TUNES, LLC, )
)
Defendant. )
__________________________________________)

Pursuant to Federal Rule of Civil Procedure 34, Plaintiffs (collectively “EMI”)

serve these Requests for Production of Documents on Defendant MP3tunes, LLC, responses to
be fully made within thirty (30) days of service or upon a date set by the Court. Pursuant to

Federal Rule of Civil Procedure 26(e), these Requests are continuing in nature and may require

supplementation.
DEFINITIONS AND INSTRUCTIONS
1. “MP3tunes” refers to MP3tunes, LLC, as well as any of MP3tunes, LLC’s
corporate affiliates, predecessors, predecessors of corporate affiliates, officers, directors,
employees, agents, representatives, servants, counsel, employees, consultants, and persons
authorized to act, acting, or purporting to act on its behalf.
2. “You” and “your” refer to MP3tunes as defined above.
3. The term “MP3tunes.com” means the website accessible at www.mp3tunes.com,
including all content, databases, and software that comprise the site and backend operations, and
support, enable, and provide its full range of features and functions, including to users and
administrators, and all server hardware on which said content, databases, and software reside.
4. The term “Sideload.com” means the website accessible at www.sideload.com,
including all content, databases, and software that comprise the site and backend operations, and
support, enable, and provide its full range of features and functions, including to users and
administrators, and all server hardware on which said content, databases, and software reside.
5. The term “MP3tunes websites” means MP3tunes.com and Sideload.com.
6. The term “MP3tunes software” means the software made available on
MP3tunes.com or Sideload.com, including all versions of LockerSync and all components of the
Oboe Software Suite.
7. The term “MP3tunes services” includes MP3tunes.com, Sideload.com, the
MP3tunes websites, MP3tunes software, as well as any other services provided to users by
MP3tunes.
8. The term “Ownership Entities” includes Michael Robertson, the Burcham
Community Property Trust, Emily Richards, the SKL Trust, David Buzby, the MP3tunes, LLC
Employee ESOP Plan, the Robertson Descendants Irrevocable Trust, Douglas Reese, and
Linspire, Inc.
9. “EMI” includes EMI Group, PLC; EMI Group North America, Inc.; EMI Group
North America Holdings Inc.; EMI Music North America, LLC; EMI Music North America;
EMI Entertainment World, Inc.; Capitol Records, LLC; Caroline Records, Inc.; EMI Christian
Music Group Inc.; Priority Records LLC; Virgin Records America, Inc.; Beechwood Music
Corp.; Colgems-EMI Music Inc.; EMI April Music Inc.; EMI Blackwood Music; EMI Full Keel
Music; EMI Golden Torch Music Corp.; EMI Longitude Music; EMI Virgin Music, Inc.; EMI
Virgin Songs, Inc.; and any entity whose ultimate parent is EMI Group Limited.
10. The present tense shall be construed to include the past tense and the past tense
shall be construed to include the present tense as required by the context to elicit all information
discoverable within the broadest scope of these document requests.
11. The term “concerning” means relating to, referring to, describing, evidencing or
constituting.

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12. The terms “all” and “each” shall be construed as all and each.
13. The connectives “and” and “or” shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of the discovery request all responses that
might otherwise be construed to be outside of its scope.
14. The use of the singular form of any word includes the plural and vice versa.
15. “Communication(s)” means the transmittal of information by any means and
includes communication of any kind, whether written, oral, electronic or other.
16. “Documents” includes every writing, recording, or record in any form, whether
handwritten, printed, typed, taped, or in any other graphic, digital, magnetic, optical, or
mechanical form, however produced, reproduced, or recorded, and should be construed to be
synonymous in meaning and scope to the usage of this term in Federal Rule of Civil Procedure
34(a). The term includes, without limitation, all memoranda, reports, data, correspondence, blog
postings, phone messages, diaries, logs, notes, bills, invoices, checks, receipts, and e-mail
messages, including those within the personal or private possession, custody, or control of
MP3tunes, including any officer, director, employee, agent, or individual, as specified in the
definition of “MP3tunes” above. The term also includes, without limitation, any data
compilations from which information can be obtained, and if necessary, translated into usable
form through the use of any machine, device, or equipment, whether or not sent, received, or
otherwise transmitted. The term also includes, with limitation, every draft of a document, and
any copy that is not identical in each and every respect to the original or another copy.
17. “Server logs” means logs, log files, log reports, or other similar documents that in
any matter collect, compile, or analyze data (including usage data) relating to functions or
services performed by any software program that provides network-based services.
18. “User Files” means files that users seek to have stored using MP3tunes’ services.
19. The term “including” shall be construed to mean “including without limitation.”
20. To the extent that any of these requests require you to reveal the identities of
users, user street addresses (except for city and state information), user e-mail addresses, or user
credit card information, please replace that user information with an identifier that, while
insufficient to identify the actual identity of the user, is consistently applied and is sufficient to
identify other instances of that user’s information in other documents produced in response to
this request.

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21. With respect to Request No. 9, based on Defendant’s previous representations
concerning the volume of digital music files stored using MP3tunes’ services, Plaintiffs are
prepared to work with Defendant to arrange for copying of all, or an appropriate sample of, the
responsive information, or to arrange for an appropriate physical inspection.
22. To the extent documents are maintained in electronic formats, this request calls
for production in electronic format. Documents maintained in electronic formats should be
produced in their native formats as they currently exist on your storage media and devices.
23. Source code should be produced in electronic format, in regular tool readable
format and include all ancillary files – such as project files, makefiles, header files, and third-
party library code (whether in source or compiled form) – necessary to build working versions of
the full applications.
24. If any of the documents requested herein has been lost or destroyed: (a) provide a
written statement, in lieu of each such lost or destroyed document, that describes in detail the
nature of the document and its contents, identifies the author and recipient(s) of the document,
specifies the date on which the document was prepared or transmitted or both, and if possible
specifies the date on which the document was lost or destroyed, the reasons for loss or
destruction, and the individuals with knowledge of such loss or destruction; and (b) provide any
documents existing at the time of such loss or destruction setting forth or reflecting any policy or
procedure then in effect for destruction or retention of documents.
25. Documents sought in this request include documents currently or previously
within the knowledge, possession, or control of MP3tunes, as well as those documents which
come into the possession of MP3tunes subsequent to service hereof. Each of the following
document requests is continuing in nature and EMI hereby requests that if you obtain or create
any additional responsive documents at any later date, you promptly so inform EMI and produce
those documents.
26. If any document is not produced on the basis of a claim of privilege or for any
other reason, identify the document with particularity, including without limitation the author(s),
any recipient(s), any other individual or entity to whom the document has been shown or
transmitted, any other individual or entity with whom the document has been discussed, the
number of pages, attachments, and appendices, the date of the document, a description of the
subject matter sufficient to form the basis of a claimed privilege and to uniquely identify the

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document, and a short statement of the nature of the claimed privilege or reason for withholding
production. For each individual or entity identified in conjunction with a claim of privilege,
provide information relating to the relationship between MP3tunes and the individual and entity.
27. If a document is in the possession of a person or entity other than one over whom
you have no control, (a) set forth whether and when the document was in your possession or
otherwise how you became aware of the document; (b) set forth the reason(s) why the document
is no longer in your possession; and (c) identify the individual or entity which is presently in
possession of the document.
28. You are required to provide separate responses to all of the following document
requests.
29. When any request calls for the production of any portion of any document, the
entire document containing any such portion must be produced.
30. Unless otherwise specified, this document request seeks documents prepared,
generated, duplicated, communicated, distributed or transmitted on or after January 1, 2005.
REQUESTS FOR PRODUCTION OF DOCUMENTS
1. Provide all Documents concerning any arrangements, relationships, contracts or
agreements between MP3tunes and (i) Internet service providers or entities providing any online,
Internet, or web-related services; (ii) advertising placement companies or companies that
otherwise arrange or facilitate advertising on or for MP3tunes; (iii) business or technical
consultants; (iv) and any companies that assist in the marketing, promotion, or branding of
MP3tunes, including public relations or marketing companies. Include all communications,
agreements, and draft agreements with any such individuals or entities.
2. Provide all Documents concerning any agreements or communications with any
person or entity with whom you have had any agreement to share revenue, strategic partnership
agreement, joint venture, or any other arrangement related to MP3tunes, by which you expect to
or may receive revenues, or through which expenses or development efforts are or may be
shared, including but not limited to Nokia, Logitech, Reciba, Chumby, NOXON, Tivo, and
Ripshark, including all Documents concerning any financial arrangements between you and such
persons or entities.
3. Provide all Documents concerning your communications or agreements with any
banks, venture capitalists, investors, or persons or entities providing any capital, funds or

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financing, related to MP3tunes, whether or not you actually obtained any such capital, funds, or
financing.
4. Provide all Documents related to MP3tunes’ management structures, including
but not limited to organizational charts, job descriptions, and job announcements.
5. Provide all Documents concerning MP3tunes’ document management policies
and practices, including but not limited to any document retention or destruction policies or
litigation holds.
6. Provide all versions of all software (in all available forms, including source code,
object code, executable code, server-side scripts, and web page code) for MP3tunes.com,
Sideload.com, their backend operations, MP3tunes software, and the storage of user files by
MP3tunes, including but not limited to software kept in escrow by counsel under court order,
software maintained or used by MP3tunes since any escrowed version was provided to counsel,
as well as any historical versions of any such software, and complete copies of any source code
repository.
7. Provide copies of the portions of the MP3tunes software (in all available forms,
including source code, object code, executable code, server-side scripts, and web page code)
sufficient to understand how the MP3tunes websites treats files uploaded to the MP3tunes
websites that are MD5 hash duplicates of files already stored on the MP3tunes websites,
including historical versions of any such software.
8. Provide all Documents and databases that identify the files that have been made
available, searched for, sideloaded, streamed, stored, or downloaded using MP3tunes.com or
Sideload.com, including but not limited to Documents and database records that, consistent with
Instruction No. 20, identify the users who have made available, searched for, sideloaded,
streamed, stored or downloaded such files.
9. Provide, consistent with Instruction No. 21, all copies of each digital music file,
and any metadata associated with such files, stored using MP3tunes’ services.
10. Provide all Documents concerning database schema and the design of any
database, including but not limited to Documents sufficient to identify any table headers, fields,
and relationships between or among different databases (e.g. if a MySQL database is used,
provide the results of a “mysqldump” command with arguments necessary to provide the
database schema).

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11. Provide, consistent with Instruction No. 20, the contents of the database table(s)
that contain User names and information, as well as the listing of the contents of each User’s
online locker (e.g. if a MySQL table is used and the table name is “users” then provide the
results of the command “select * from users” with the arguments required to provide the contents
of that table).
12. Provide all Documents that depict the network arrangement of, list, or describe
the servers, storage, and any other devices that function as part of MP3tunes’ services, including
but not limited to network schematics, diagrams, and documents that identify internal and
external IP addresses and DNS names of such devices.
13. Provide digital copies of each file stored using MP3tunes’ services that
corresponds to a sound recording identified on Exhibits A-C of Plaintiffs’ Complaint.
14. Provide all Documents concerning the functionality, development, and operation
of MP3tunes’ storage of User Files; sideload feature; and streaming, play, download, and locker-
sync features.
15. Provide all communications from or to Michael Robertson, Emily Richards, Mark
Wooten, or Doug Reese concerning the functionality, structure, operations, or source code of
MP3tunes.
16. Provide all Documents concerning the content on the MP3tunes.com and
Sideload.com websites and the web pages comprising those websites, including but not limited
to all historical versions of such content.
17. Provide all Documents concerning MP3tunes’ ability, capacity, and methods for
storing User Files, including but not limited to information relating to the number, type, and
capacity of servers used for such purpose; receipts, purchase orders, or maintenance records
relating to such servers or storage capacity; and analyses or communications regarding MP3tunes
storage needs.
18. Provide all Documents, software, and customizations to software sufficient to
cause data, communications, and postings previously produced concerning MP3tunes’ forums
and help ticket items to be displayed in the form in which such data, communications, and
postings are ordinarily displayed.
19. Provide all Documents concerning efforts made or mechanisms used to review,
classify, categorize, control, restrict and/or filter the files made available, searched for,

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sideloaded, streamed, stored, or downloaded on MP3tunes.com or Sideload.com, including but
not limited to any effort made or mechanism used by you to identify the content of the files.
20. Provide all Documents concerning files that have been removed or to which
access has been disabled from MP3tunes.com or Sideload.com, including but not limited to any
communications regarding such removals or disabling and policies, procedures, or practices
regarding removing or disabling access to files.
21. Provide all Documents concerning the feasibility or use of technical means
(including but not limited to “filtering”) to prevent users of MP3tunes.com or Sideload.com from
making available, searching for, sideloading, streaming, storing, or downloading any file.
22. Provide Documents sufficient to show the persons who wrote any of the code for,
or otherwise performed technical tasks toward the creation of, any version of MP3tunes.com,
Sideload.com, or MP3tunes software.
23. Provide all Documents concerning the number of users of MP3tunes.com or
Sideload.com on a daily and monthly basis, including historical records and future projections.
24. Provide all Documents concerning the works available on, and artists whose
works are available on, MP3tunes.com or Sideload.com on a daily and monthly basis, including
historical records and future projections.
25. Provide, consistent with Instruction No. 20, all Documents concerning users and
members of MP3tunes.com or Sideload.com, including but not limited to Documents concerning
individual users and members and any user accounts, users’ lists of files, and user lookup tables.
26. Provide all Documents concerning communications or agreements with Users
related to MP3tunes.com, Sideload.com, or MP3tunes software, including but not limited to (a)
all e-mails, telephone calls, communications, or other Documents from or to users (including
“help” emails), and (b) all Documents concerning user registrations or logins.
27. Provide all Documents concerning revenue, income or other valuable
consideration that you or the Ownership Entities have received or anticipate receiving in relation
to MP3tunes.com, Sideload.com, or MP3tunes software.
28. Provide all Documents concerning MP3tunes’ employment of Emily Richards
and Doug Reese, including but not limited to personnel files.

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29. Provide all Documents concerning the financial books and records, including but
not limited to general ledgers, accounts receivable and payable, income ledgers, and balance
sheets, for MP3tunes.
30. Provide all Documents concerning marketing, advertising, or promotional efforts,
plans, or proposals, related to MP3tunes.com, Sideload.com, or MP3tunes software, including
but not limited to Documents concerning target audiences and target media.
31. Provide all Documents concerning business plans related to MP3tunes.com,
Sideload.com, or MP3tunes software, including but not limited to Documents concerning
revenue projections, projections of revenue sources, MP3 technology, and the music industry.
32. Provide all Documents concerning any content that has been authorized and/or
licensed for dissemination via MP3tunes’ services, any content that has been the subject of
negotiations to authorize and/or license content for dissemination via MP3tunes.com or
Sideload.com, and any consideration or efforts to obtain licenses for any content distributed via
MP3tunes.com or Sideload.com, including but not limited to any communications concerning
such licensing.
33. Provide all Documents reflecting use of MP3tunes.com or Sideload.com by your
employees, officers or directors, using office or personal computers, including but not limited to
Documents sufficient to identify any copyrighted works that such personnel have made
available, searched for, sideloaded, streamed, stored, or downloaded via MP3tunes.com or
Sideload.com.
34. Provide all communications between MP3tunes and former employees of
MP3tunes.
35. Provide Documents sufficient to show the registered DMCA agent for
MP3tunes.com and Sideload.com at all times since each site’s inception.
36. Provide Documents, including but not limited to internal communications and
records, concerning allegations of copyright infringement occurring by virtue of MP3tunes.com
or Sideload.com, including Documents concerning notices of copyright infringement received by
you, and any and all actions taken by you to stop copyright infringement occurring on
MP3tunes.com or Sideload.com.
37. Provide all versions of any copyright policy posted on the MP3tunes.com or
Sideload.com websites or otherwise communicated to any user of those sites.

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38. Provide all Documents related to your communications concerning MP3tunes
with the Ownership Entities.
39. Provide all Documents concerning MP3tunes’ operation as a corporation,
including but not limited to:
a. All copies of any charter, by-laws or the equivalent;
b. All board meeting minutes and drafts thereof;
c. All corporate resolutions and formalities;
d. Any corporate filings;
e. Bank account information;
f. Any transfer between MP3tunes and any of the Ownership Entities,
whether cash, assets, equipment, intellectual property, accounts receivable, debts,
liabilities, accounts payable, or otherwise, and whether direct or indirect;
g. Any transactions between any of the entities;
h. Payments to employees, investors, shareholders, and third parties; and
i. Tax returns and financial statements.
40. For MP3tunes and each of the Ownership Entities, provide Documents sufficient
to show or identify:
a. The officers, directors, employees, or other agents of any entity who
perform any work for any other entity;
b. Whether any officer, director employee, or other agent of any entity is an
officer, director, employee of other agent of any other entity;
c. Any common ownership of or among two or more entities, including but
not limited to Documents reflecting any shareholder or other owner of one entity
also being a shareholder or other owner of another entity; and
d. Any property (including but not limited to real property, bank accounts,
office equipment, and/or computer equipment) owned or otherwise held jointly by
two or more entities.
41. Provide all Documents that you relied upon in responding to any of Plaintiffs’
Interrogatories.

Dated: October 27, 2008

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Respectfully submitted,

JENNER & BLOCK LLP

Andrew H. Bart

ANDREW H. BART (Bar No. AB-6724)


JENNER & BLOCK LLP
919 Third Avenue, 37th Floor
New York, NY 10022
Telephone: (212)891-1600
Facsimile: (212) 891-1699

STEVEN B. FABRIZIO (Bar No. SF-8639)


BRIAN HAUCK (pro hac vice)
JENNER & BLOCK LLP
601 Thirteenth St., NW Suite 1200S
Washington, DC 20005
Telephone: (202) 639-6000
Facsimile: (202) 639-6066

Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE

I hereby certify that on October 27, 2008,1 served the foregoing document on the

following individuals by electronic mail and facsimile:

Edward M. Cramp
DUANE MORRIS LLP
101 West Broadway, Suite 900
San Diego, CA 92101

Gregory P. Gulia
DUANE MORRIS LLP
1540 Broadway
New York, NY 10036

Brian Hauck