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RUOFF DECLARATION IN
SUPPORT OF DEFAULT JUDGMENT
C-10-3647 (WHA)
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D. GILL SPERLEIN (172887)
THE LAW FIRM OF D. GILL SPERLEIN
584 Castro Street, Suite 879
San Francisco, California 94114
Telephone: (415) 378-2625
Facsimile: (415) 252-7747
legal@titanmedia.com

Attorney for Plaintiff
IO GROUP, INC.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION


IO GROUP, INC. d/b/a TITAN
MEDIA, a California corporation,

Plaintiff,
vs.

MARIUSZ PRALAT, CAROL B.
PEAL, YUNSHU KANG, CHUN
RONG ZHENG, ZHI NENG WU,
RUBEN MORENO, HAO XU,
CHIAFEN LIN, SANG YEOL KIM,
and MALGORZATA FRACZYK,
individuals,

Defendants,

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CASE NO.: C-10-3647 (WHA)

DECLARATION OF KEITH RUOFF
IN SUPPORT OF APPLICATION
FOR DEFAULT JUDGMENT BY
COURT



Date: October 6, 2011
Time: 8:00 a.m.
Ctrm: 9, 19
th
Fl

I, KEITH RUOFF, declare:
1. I am Vice President of Plaintiff, Io Group, Inc.
2. I am in charge of all Io Groups Internet activity and am familiar with Internet
trends.
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RUOFF DECLARATION IN
SUPPORT OF DEFAULT JUDGMENT
C-10-3647 (WHA)
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3. Io Group, Inc. uses high-quality cameras and state-of-the-art editing and
reproduction equipment; in fact, it is the only producer of gay erotica that films its
productions in high definition and releases its works in Blu-ray format. Io Groups
directors, cinematographers, photographers and editors are highly trained and most had
experience in film production prior to working for Io Group. Io Group employs high
standards in its selection of performers. Io Group has a strict policy of only portraying
safer sex practices and even prohibits the portrayal of cigarette smoking in its productions.
Io Group is a well run, socially responsible company that produces high-quality product.
The experience, hard work and financial commitment behind our productions, result in a
premium product that is markedly superior to the content of its competitors.
4. Io Group registered the infringed work, Breakers, with the U.S. Copyright office
prior to the commencement of the infringing activity. A True and correct copies of the
registrations certificates are attached hereto as Exhibit A.
5. Io Group sets licensing fees for its works higher than many inferior competitors
who often flood the market with low quality inexpensive and readily available content.
We also strictly control how its content is distributed. We work hard to protect our image
as a premium brand in order to maintain the value of our products.
6. Io Groups ability to sell DVDs and memberships to our website is directly
dependent upon our ability to control the distribution of its works. Io Group cannot sell
movies when those movies are otherwise available for free on the Internet.
7. The suggested retail price of Io Group DVDs as advertised on our website ranges
from $49.86 to $69.95, and the retail price of our DVDs stays relatively consistent over
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RUOFF DECLARATION IN
SUPPORT OF DEFAULT JUDGMENT
C-10-3647 (WHA)
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time. Our price for Breakers is $69.95, currently on sale for $49.995. River Patrol, the
first movie Io Group ever produced (1998), still has a suggested retail price of $59.95.
Pages from Io Groups website showing the suggested retail price and list price for
Breakers and River Patrol are attached hereto as Exhibit B.
8. I recently reviewed the on-line retailer amazon.coms website and discovered that
it advertises a DVD of 2011s best picture Oscar winner The Kings Speech for $13.49 . I
printed a page from the Amazon.com website and it is attached hereto as Exhibit C.
9. A monthly subscription to Io Groups website costs $29.95. A page from our
website showing the subscription costs is attached hereto as Exhibit D. I viewed
netflix.coms membership page and a basic monthly membership that allows unlimited
viewing of movies through the Internet on a home PC or MAC cost $7.99 a month. I
printed their webpage showing membership costs and attached it hereto as Exhibit E..
10. Defendants did not apply digital rights management (DRM) to the infringing file
meaning viewers can easily reproduce the videos for unlimited viewing and further
unauthorized distribution.
11. On-line piracy is one of Io Groups greatest concerns. It threatens to reduce future
sales more than any other factor. Io Group spends considerable time and money
combating piracy. For the last nine years Io Group has employed full-time, in-house
counsel and a legal assistant who dedicate ninety percent of their time to anti-piracy
activities including, but not limited to, ferreting out pirates, cataloging infringements,
sending cease and desist letters, and litigating when necessary. Nonetheless, piracy
continues to be the single greatest threat to the continued viability of our business. We
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RUOFF DECLARATION IN
SUPPORT OF DEFAULT JUDGMENT
C-10-3647 (WHA)
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continue our antipiracy efforts because we understand that ultimately people will not
purchase what they can otherwise obtain for free.
Pursuant to the laws of the United States, I declare under penalty of perjury the
foregoing is true and correct.

Dated: April 25 2011 /s/ Keith Ruoff
Keith Ruoff
Vice President, Io Group, Inc.


I hereby attest that this is the declaration of Keith Ruoff and the original with Keith Ruoffs
holographic signature is on file for production for the Court if so ordered, or for inspection upon
request by any party. Pursuant to the laws of the United States, I declare under penalty of perjury
the foregoing is true and correct.

Dated: April 25, 2011 /s/ Gill Sperlein
GILL SPERLEIN,
Counsel for Plaintiff Io Group, Inc.
Case3:10-cv-03647-WHA Document60 Filed08/25/11 Page4 of 4
G
UNITED STATES COPYRIGHT OFFICE
REGISTRATION NUM8ER
PA PAU
EFFECTIVE DATE OF REGISTRATION
Month Day Year
PREVIOUS OR ALTERNA TIVE TITLES"
NATURE OF THIS WORK" See Instructions
Motion Picture
2
11 !I""
NAME OF AUTHOR" VATES OF BIRTH AND DEATH
Year Born" Year Died "
t:"i 10 Group, Inc. / d.h.a. Titan Media
Was thi' contribution to the work ,1
AUTHOR'S NATlONALlTY OR DOMICILE WAS THIS AUTHOR'S CONTRIBUTION TO
"work made for hire"? Name of Country THE WORK n answer to either
C t at tIlese questions I.
M"Yes OR ltizen 0 Anonymous' [J Yes 0 No "Yee: see detailed
{
oNo Oemidled in Pseudonymous? D Yes 0 No InstNctionS.
NATURE 011 AUTHORSHIP BTiefly describe nature of crealed toy this .luthor in which copyright is claimed, "
NarE
Under Ihe lew, NAME OF AUTHOR" VATES OF BIRTH AND DEATH
'aulhor'
Year Born" Year Died "
a 'work made f,'
lor hire' Is '.- _
generally the Was this conlribution 10 the work a AUTHOR'S NATIONALITY OR DOMICILE WAS THIS AUTHOR'S CONTRffiUTION TO
emp'oyer. not "work made lor hire"? Name at Country THE WORK If rhe answer to etlher
the employee 0 Yes { Ci . f 01 th&S& QUellnonsls
(588 Insfrue OR t!Zen 0 - Anonymo..,;? 0 Yes 0 No "Yes," see Il&la.Ied
lions). For any 0 I 1 lions
pen 01 this No Domicl ed In [] Yes n No Ins NO '
NATURE OF AUTHORSHIP Brielly describe nature of material created by thi, author in which copyright is claimed. "
cheCk "Yes" In
the space
NAME OF AUTHOR" DATES OFBIRfH AND DEATH
provided. glv&
Year Bom" Year Died"
the employer .'"
(or other
person lor '-----.--------------------------
whom Was this contribution to the work a AUTHOR'S NATIONALITY OR DOMICILE I WAS THIS AUTHOR'S CONTRIBUTION TO
l waa pr&pa,ed) "work made for hire"? Neme of Country THE WORK It the anSW&T toenher
as 'Author' 01 { 01 these qU&&lIor. IS
Ihat pert. and O
"es
'OR
Cilizen of
1-
Anonymous? 0 Y
es
U No
'Yes; see derailed
leave the 0 No Domiciled in Pseudonymous? [J Yes n No Instructions.
space for dates :
of birth a, nd NATURE OF AUTHORSHIP Briefly describe nature of material created by this author ill whIch copyright ,s claimed, "
death blenk, 1.
N,
WORK WAS COMPLETED Thlalnlormellon b e-plele tlIl.lnfotJnllljon Month Ueacmbef Oey I Year :LUU7
a.' 2007 must be given ONLV" 1111. work U . t
VeAr In 811 cu.. n.s beon pUllllellell. 01 a es ' NaliO"
I.F .'90!2.3'J!.-se7 m I . ... ..!&R iff
CLAiMANT(SI Name and addre!is must be given even if the claimant is the leas APPUCATION RECEIVEO
the author given in spare 2....
W ONE DEPOSIT AECEIVEO
10 Group, Inc. / d.h.a. Titan Media, 69 Converse Street,
See InslNetions San Francisco, CA 94103 TWO-D-E-PO-S-IT-S-R-E-C-EI-VE-O-----
before
tills space,
I
TRANSFER If the clAimant(s) named here in space 4 i' (are) different lrom ihe author(s) named inI
space 1, l1iive a brief statement of how the c1aimant(s) obtained "wnership of the copyright. ... FUNDS RECEIVED
I
I
........
MORE ON Complete ell applicable spaces (numllers 59) on the raverse sida ollhls page. DO NOT WRITE HERE
See detailed Inslructlons, Sign the 101m at line 8. Page 1 at __ pages
4
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L

EXAMINED BY FORM PA
CHECKED BY
_, - 1
FOR
O
CORRESPONDENCE
COPYRIGHT
Yes
OFFICE
USE
ONLY
DO NOT WRITE ABOVE THIS LINE. IF YOU NEED MORE SPACE, USE A SEPARATE CONTINUATION SHEET
!IIF"lII .. _.:eeea::s ..
PREVIOUS REG[STRATION Has registralio)1 for this work, or for an earlier version of this work, already been made in the Copyright Office?
o Yes No l( your answeri. "Yes," why is another registration being sought? (Ched: appropriate box.). tlyouranswer 1\'0, do notched box A, B, orC
a. 0 This is the fir-It published eclition of a work previously regislered in unpubli,;hed form.
b.O Til;" i8 the first application submitted by this author as copyright claimant.
c. 0 This is a change<' version of the work, a. shown by space 6 on this applicahon.
It your answer is "Yes," give: Previous Regislration Number. Year of Regisll3lion
"""'PTJl:k ... ; ... .... ..
DERIVATIVIi WORK OR COMPILAnON Complete both space 6a and 6b for a derivative work; complete only 6b for a compilation. _,
"""existing Malerial Identify any preexisting work or works that this work is based on or incorporates. 5'
See Jnstruetlons
balora 00"'1'1911119
----------------------------------------------------------:r thIS apace.
Mate.ial Added 10 This Work Give a brief, general starement of the material that has been added to this work and In which copyright is claimed.
A...
3S., ...
DEPOSIT ACCOUNT If the registration fee is to be charged to a Deposit Account established in the Copyright OHice, give name and number of Account.
N;ome. Account Number.
'>':
CORRESPONDENCE Give name and address to which correspondence about this application should be sent. Namel AdJres.'/ Apt/CityIStatel ZIP.
10 GrOUp, Inc. 1d.b.a. Titan Media, 69 Converse Street,
San Francisco, CA 94103
Area eode and daytime telaphona number (415) 487- 121 1x: 38 Fax numbar (4 15 )252-7747
Emall
__ ...
CERTIFICATION I, the undersigned, hereby certify that I am the {nauthor
., 0 other copyright claimant
Check OJUY one
o owner of exclusive right(s)
10 Group, Inc, 1Titan Media
Nema of 8ullior or other copynght c1almanr, or owner of exclusive right(s) ...
of the won identified III thiS applicaHon and that the statements made by me in this application are correcllo the b.>st of my knowledge.
Typed or printed name and date. If this applJcati<>n gives. dale of publication in space 3, do nol sig" and submIt it before that date.
Brian Ashby 114/2008
....]tlM'
certificate
Nama ...
will be
SENCl AI L ) rJ [t.'ENTS
Io Group, Inc. / Titan Media mailed in
SAME
window 1. Application form
NumberlSlreaUApI ...
2. Nonrefundable fibng tee In check or money
envelope
order payable to Reglstsrof C<pyrlghts ......'''''.1.
111
..
..... FIIl' .......
69 Converse Street to this 3. Deposl1 matenal
..... clJtrttil.
address:
CitylSlateiZIP ... -&f.'M' ..-,...
... ...
..11 ..
CA 94103

IF? !!J ....
'17 U.S.C. 506(e): person who Itnowlngly makes a latse representatl()l1 01 a melerial fact in the applicatton tor ropyngnl registmllon pmYidelllor t1( SIIclion 409, or In any wnnao S19temenl faed In
connllCtjon with the shall be fined not morn than
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