Affidavit of Zachary Kilson - Copyright Infringement

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Affidavit of Zachary Kilson in Federal Case S07cv00S04FL filed in the Eastern District of NC The Original Log Cabin Homes Ltd v Log Cabin Homes USA David DeHart Edmund DeHart Algie DeHart Does 110

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Case S:07-cv-00S04-FL Document 28-6 Filed 03/14/2008 Page 1 of 2 AFFIDAVIT OF ZACHARY KILSON NOW COMES, Zachary Kilson, after being du1ysworn, deposes and states as follows: 1. matters herein. My name is Zachary Kilson, and I am 25 years old and am competent to testify as to 2. 3. I built a test site for David DeHart's company. Although I was employed by Me:'DeHart, I was never compensated for building this site. Ibuilt the site on my own time, in the privacy of my own home. Iwas not on the clock when I was working on this site. I built the site using my personal MAC, and my .mac account. 4. There is a program on my computer called iWeb that provides templates for web sites, which Iused, and then published it my .mac account. 5. At the time, Mr. DeHart owned the rights to www.logcabinhomesusa.com. which I forwarded the site to. 6. I made sure it was not linked to search engines, meaning I did not set up with keywords or metatags. Had I done that, it wou1d have been available for public view, which it was not. 7. Being that this was a test site, it was created solely for the purpose of getting an idea of what a web site would look like in the event that we needed one. This site was never intended for public view and was never to be used to gain business or market for Mr. DeHart's company. 8. Mr. DeHart was unaware that I was building the test site, until I showed him. After Mr. DeHart saw the site, I immediately took it down per his request 9. When I built this site, I used PDF's from The Original Log Cabin Homes, Ltd. web site. but before putting them on the test site, I took the files into Photo Shop and altered them. EXHIBIT I 5

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