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AFFIDAVIT OF IDENTITY

CV-08-4050 (MMC)

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D. GILL SPERLEIN (172887) 

THE LAW OFFICE OF D. GILL SPERLEIN 

584 Castro Street, Suite 879 

San Francisco, California 94114 

Telephone: (415) 404-6615 

Fax: (415) 404-6616 

gill@sperleinlaw.com

Attorney for Plaintiff 

IO GROUP, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

IO GROUP, INC., a California 

corporation,

Plaintiff,

 vs. 

ANTELOPE MEDIA, LLC, an 

Arizonian limited liability company, 

SUNRISE MEDIA, Ltd., a British 

Limited Company, MIKE HERMANN, 

a.k.a. MAIK HERRMANN, a resident 

of Germany; THORSTEN PALICKI, a 

resident of Germany; PSI SERVICES, 

SA, a business entity type and location 

unknown, and DOES 1 through 9 

inclusive,

 Defendants.

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CASE NO.: C-08-4050 (MMC) 

AFFIDAVIT OF IDENTITY AND 

[PROPOSED]ORDER

Cal. Code Civ. Pro. 680.135 

I, GILL SPERLEIN, declare: 

1. I am an attorney at law licensed to practice in the State of California and attorney of 

record for Plaintiff Io Group, Inc. 

Case 3:08-cv-04050-MMC Document 124 Filed 07/28/10 Page 1 of 4
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AFFIDAVIT OF IDENTITY

CV-08-4050 (MMC)

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2. I submit this Affidavit of Identity in accordance with California Code of Civil 

Procedure §680.135 which reads in its entirety: 

“"Affidavit of Identity" means an affidavit or declaration executed 

by a judgment creditor, under penalty of perjury, that is filed with the clerk 

of the court in which the judgment is entered at the time the judgment 

creditor files for a writ of execution or an abstract of judgment. The affidavit 

of identity shall set forth the case name and number, the name of the 

judgment debtor stated in the judgment, the additional name or names by 

which the judgment debtor is known, and the facts upon which the judgment 

creditor has relied in obtaining the judgment debtor's additional name or 

names. The affidavit of identity shall not include the name or names of 

persons, including any corporations, partnerships, or any legal entities not 

separately named in the judgment in which the judgment debtor is a partner, 

shareholder, or member, other than the judgment debtor.” Cal. Code Civ. 

Pro. §680.135. 

3. The Court entered judgment in favor of Plaintiff Io Group, Inc. and against 

Defendants on June 1, 2010. The names of the judgment debtors are ANTELOPE MEDIA, 

LLC, SUNRISE MEDIA, Ltd., MIKE HERMANN, a.k.a. MAIK HERRMANN, 

THORSTEN PALICKI, and PSI SERVICES, SA. 

4. Judgment debtors Antelope Media, LLC and Sunrise Media, Ltd. (Antelope’s 

successor in interest) is also known as, does business as, and has registered domain names as 

“Newhaven”.

5. I relied on the following facts in obtaining the judgment debtor’s additional name. 

6. All domain names must be registered with an Internet Corporation for Assigned 

Names and Numbers (ICANN) accredited registrar. This process allows domain names to be 

associated with specific locations on the Internet identified by an Internet Protocol (ip) address 

which consists of a series of numbers. Therefore, when someone enters a domain name such as 

www.cand.uscourts.gov into a Internet browser, the browser goes to a specified location on the 

Internet and nowhere else. 

7. Each domain name can only be registered to one person or entity at any given time. 

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AFFIDAVIT OF IDENTITY

CV-08-4050 (MMC)

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8. Information about the individuals or businesses who registered a specific domain 

name is publicly available on the Internet through a simple process called a “whois search”. I 

personally performed a whois search for www.monstercocktube.com at the time of the original 

infringing activity and it was registered to Defendant Antelope Media, LLC. On August 14, 2008, 

immediately after this action was filed, Antelope Media, LLC changed the domain name 

registration to a blind registration so that registration information was not longer available to the 

public and then on October 23rd argued to the Court that it did not own the infringing website.

[Dckt. No.8, Letter from Antelope Media] On or about December 29, 2008 the information was 

again made public, now showing the owner simply as Newhaven. 

9. Plaintiff filed a Second Amended Complaint to include Newhaven as a defendant.

However, mail sent to the registered address in the Netherlands was returned undeliverable with a 

notation that no such address exists. The Court dismissed Newhaven pursuant to Rule 4(m) for 

the Federal Rules of Civil Procedure. [Dckt. No. 65]

10. Defendants operate on an international scale. Public records associated with this 

matter show addresses for Defendants in England the United States, the Seychelles, Germany, and 

the Netherlands. It is not possible, or at least not feasible to search all public records worldwide to 

determine if Newhaven is an actual legal entity or simply another name made up by defendants. 

However, I searched on line databases for registered businesses in the Netherlands and performed 

broader searches for Newhaven using Google search functions. Nothing I could find in any 

public files indicates that Newhaven is a separate legal entity. 

11. Currently, Defendants operate their main website at monstercockland.com which 

is registered to Defendant and judgment debtor PSI Services, SA. However, 

monstercocktube.com also still functions but in a very limited manner. Defendants take advantage 

of the popularity of the original name, by redirecting traffic from monstercocktube.com to 

monstercockland.com. In other words, if a user types in monstercocktube.com, or if he clicks on 

an older link to monstercocktube.com, the user’s web browser automatically redirects the user to 

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AFFIDAVIT OF IDENTITY

CV-08-4050 (MMC)

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monstercockland.com, the location where the site now resides. The fact that 

monstercocktube.com redirects to monstercockland.com indicates that the registrants for the 

websites, Newhaven and PSI Services, act with a unity of interest. 

12. For over eight years I have been involved in tracing and identifying the true owners 

of Internet websites engaged in copyright infringement. In my experience, I have found that 

many individuals and organizations register domain names using pseudonyms, assumed names, or 

fictitious names in order to operate an Internet website while maintaining a certain level of 

anonymity. Certainly in this case, the Court has witnessed Defendants engaging in evasive actions 

to avoid accountability for their illegal activity. 

13. In summary, Antelope Media, LLC and Sunrise Media, Ltd, registered the domain 

name monstercocktube.com using the fictitious business name “Newhaven.” In order to collect 

on the judgment by allowing Plaintiff under the direction of a U.S. Marshal to seize and then sell 

the domain name monstercocktube.com, Plaintiff seeks to have Newhaven” added as a judgment 

debtor.

Pursuant to the laws of the United States, I declare under penalty of perjury the foregoing is 

true and correct. 

 /s/ D. Gill Sperlein 

Dated: July 20, 2010

 D.Gill Sperlein, 

 for Plaintiff Io Group, Inc. 

[PROPOSED] ORDER 

The Court having considered the above Affidavit of Identity, 

IT IS SO ORDERED, that the term judgment debtor include the name “Newhaven.” 

Dated ____________________ ________________________________

 THE HONORABLE

 UNITED STATES DISTRICT JUDGE

VAUGHN R WALKER

for MAXINE M. CHESNEY

UNITED STATES DISTRICT JUDGE

July 28, 2010 /s/ Vaughn R Walker

Case 3:08-cv-04050-MMC Document 124 Filed 07/28/10 Page 4 of 4