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Michael O. Stevens, OSB No. 095198 

Email: michael@hillsborofirm.com

STEVENS & LEGAL, LLC

3699 NE John Olsen Avenue

Hillsboro, OR 97124

Tel: (971) 533-6178

Fax: (971) 228-2608

J. Curtis Edmondson, CASB No. 236105 (pro hac vice)

Email: jcedmondson@edmolaw.com

Kiren Rockenstein, OSB No. 175638

Email: kirenr@edmolaw.com

EDMONDSON IP LAW

3699 NE John Olsen Avenue

Hillsboro, OR 97124

Tel: (503) 336-3749

Fax: (503) 482-7418

David H. Madden, OSB No. 080396 

Email: dhm@mersenne.com

MERSENNE LAW LLC

9600 SW Oak Street, Suite 500

Tigard, OR 97223

Tel: (503) 679-1671

Fax: (503) 512-6113

Attorneys for Defendant JOHN HUSZAR 

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

DALLAS BUYERS CLUB, LLC, 

Plaintiff,

v.

JOHN HUSZAR 

Defendants.

Case No.: 3:15-cv-0907-AC

DECLARATION OF KIREN 

ROCKENSTEIN IN SUPPORT OF 

DEFENDANT’S MOTION FOR 

SUMMARY JUDGMENT

FRCP 56

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I, Kiren Rockenstein, declare as follows:

1. I am an attorney licensed to practice law within the States of California and Oregon. I 

am also admitted to several district courts. 

2. I am co-counsel of record for Defendant John Huszar (“Defendant”).

3. During discovery, we requested the depository copy of Dallas Buyers Club (DBC)

(Defendant’s Requests for Production, Second Requests (#19)), but it was never 

produced.

4. Carl Crowell, former counsel for Plaintiff, provided to Defendant’s counsel a double disc

set containing the BlueRay and DVD general release versions of DBC.

5. A true and correct copy of the case for the double disc set is attached as Exhibit 1. 

6. The double disc set appears to have been released well after the theatre release of DBC. 

This is consistent with the January 9, 2018 deposition testimony of Michael Wickstrom, 

the principal with Voltage Pictures, the production company associated with DBC

(Exhibit 2),

“Q. Well, when was the DVD released, Mr. Wickstrom?

A. Months after the theatrical and VOD [Video On 

Demand].”

(p49:14-15)

7. The back cover of the cover describes various “Bonus Features” including “deleted 

scenes” and “a look inside Dallas Buyers Club” which strongly suggests that the DVD 

release is different from the theatre release of DBC, the subject work of the

PA0001873195 copyright. This is consistent with the January 9, 2018 deposition 

testimony of Mr. Wickstrom:

“Q. Does the theatrical release have the exact same content 

that's on the DVD release; yes or no?

THE WITNESS: The theatrical release is the same version 

that you get on the home video, but some home videos have 

the outtakes. They have a commercial for other releases 

through Universal.”

(p47:15-21)

8. Private Investigator Linda Vorrath was employed by our law firm to review and compare 

versions of the DBC movie available on YouTube and Netflix, and the DVD release. 

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9. Attached as Exhibit 3 is a true and correct copy of the report prepared by Ms. Vorrath.

The reports notes several differences between the versions of DBC, including the

presence or absence of the FBI Anti-Piracy Warning, the “R” Motion Picture rating, and 

the extent of the previews on the different version. 

10. The FBI Anti-Piracy Warning was present only on the DVD version, not the YouTube 

and Netflix versions. This is inconsistent with the January 9, 2018 deposition testimony 

of Mr. Wickstrom,

“The same FBI warning is on the film as on the DVD and 

which is on the VOD”. (p48:8-9)

I swear under the penalty of perjury under the laws of the United States of America that 

the above is true and correct. 

Executed on: February 27, 2018

 

Kiren Rockenstein

Declarant

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