DECLARATION OF SCOTT DELMAN
`
`I, Scott Delman, am over twenty-one (21) years of age. I have never been convicted of a felony,
`and I am fully competent to make this declaration. I declare the following to be true to the best of my
`knowledge, information and belief:
`
`1.
`
`I am Director of Publications for the Association for Computing Machinery (“ACM”).
`
`2. Neither I nor ACM itself is being compensated for this declaration.
`
`3. Among my responsibilities as Director of Publications, I act as a custodian of records for
`ACM’s publications.
`
`4.
`
`I make this declaration based on my personal knowledge, information contained in the
`business records of ACM, or confirmation with other responsible ACM personnel with such
`knowledge.
`
`5. As part of its ordinary course of business, ACM publishes and makes available technical
`articles, including ACM’s conference proceedings, journals, and other full-text publications.
`These publications are made available for public download through the ACM Digital Library
`(“DL”) either for free or purchase, depending on the article. The DL has been providing
`public access to technical articles maintained by ACM since July 1997.
`
`6.
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`It is the regular business practice of ACM to publish articles and other writings including
`article abstracts, and to make them available to the public through the ACM DL. ACM
`maintains copies of publications in the ordinary course of its regularly-conducted activities.
`
`7. Exhibit A to this declaration is a true and correct copy, from the ACM DL, of an article
`authored by Adrian David Cheok, Siew Wan Fong, Kok Hwee Goh, Xubo Yang, Wei Liu, and
`Farzam Farzbiz. 2003, Human Pacman: a sensing-based mobile entertainment system with
`ubiquitous computing and tangible interaction, published in Proceedings of the 2nd workshop
`on Network and system support for games (NetGames '03). Association for Computing
`Machinery, New York, NY, USA, 106–117. https://doi.org/10.1145/963900.963911
`(“Cheok”).
`
`8. Exhibit A is maintained in the ordinary course of ACM’s business.
`
`9. Cheok was published as part of Proceedings of the 2nd workshop on Network and system
`support for games (NetGames '03).
`
`10. At the time of Cheok’s publication on January 6, 2004, and through the present, the ACM DL
`included keyword search functionality. Users may search articles in DL using keyword search
`terms and filter the search by whether the term appeared in the title, full-text, index terms,
`and/or abstract of the article. In addition, users may search by authors. Users may also filter
`the search by a particular type of journal, type of proceeding, and/or the date of publication.
`
`1601 Broadway, 10th Floor
`New York, NY 10019-7434
`
`Tel: +1-212-869-7440
`Fax: +1-212-944-1318
`
`acmhelp@acm.org
`www.acm.org
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`11. The conference started on May 22, 2003, and the paper would have been available to the
`conference attendees on this date.
`
`12. I hereby declare that all statements made herein of my own knowledge are true and that all
`statements made on information and belief are believed to be true, and further that these
`statements were made with the knowledge that willful false statements and the like are
`punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001.
`
`I declare under the penalty of perjury that the foregoing statements are true and correct.
`
`Executed on:____________________
`
`___________________________________________________________________
`Scott Delman, Director of Publications
`
`1601 Broadway, 10th Floor
`New York, NY 10019-7434
`
`Tel: +1-212-869-7440
`Fax: +1-212-944-1318
`
`acmhelp@acm.org
`www.acm.org
`
`March 6, 2025
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`Exhibit A
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`106
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