`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`AMAZON.COM, INC.,
`Petitioner,
`
`v.
`
`VIRTAMOVE CORP.,
`Patent Owner.
`
`IPR2025-00566
`U.S. Patent No. 7,519,814
`
`DECLARATION OF JACQUES GÉLINAS
`
`Amazon Ex. 1016
`IPR Petition - USP 7,519,814
`
`
`
`Amazon.com, Inc. v. VirtaMove Corp.
`Declaration of Jacques Gélinas – U.S. Patent No. 7,519,814
`
`I, Jacques Gélinas, hereby declare:
`
`1.
`
`I am making this declaration at the request of Petitioner Amazon.com,
`
`Inc. (“Amazon”).
`
`2.
`
`I am being compensated for my time on this case based on my standard
`
`hourly consulting rate. My compensation is not contingent on the content of my
`
`testimony or the outcome of these proceedings. I do not own any stock in Amazon
`
`and, to my knowledge, I have no financial interest in Amazon.
`
`3.
`
`I hold a Bachelor’s degree in Mechanical Engineering from
`
`Polytechnique Montréal, which I earned in 1982. I am now retired after a long career
`
`in IT and software development, including more than 25 years at Croesus Finansoft,
`
`where I most recently served as the Vice President of Technology.
`
`4.
`
`I am the creator of the Linux VServer project, a containerization system
`
`for Linux. I wrote the original code and documentation for VServer and publicized
`
`the project on my website (www.solucorp.qc.ca). The VServer website was available
`
`to the public at least as early as October 2001.
`
`5.
`
`In October 2001, I sent a message to the Linux Kernel Mailing List
`
`announcing the VServer project and linking to my VServer website. A true and
`
`correct copy of the message I sent is being submitted as Exhibit 1017. I chose to
`
`publicize the VServer project through the Linux Kernel Mailing List because I knew
`
`-1-
`
`
`
`Amazon.com, Inc. v. VirtaMove Corp.
`Declaration of Jacques Gélinas – U.S. Patent No. 7,519,814
`
`that the Mailing List was very popular and widely read by software developers
`
`around the world.
`
`6. My message to the Mailing List was also publicized on the link
`
`aggregator website Slashdot, which was also very popular and widely read by
`
`software developers around the world. A post about the VServer project, which
`
`linked to my VServer website, was published by Slashdot on November 7, 2001. A
`
`true and correct copy of the Slashdot post is being submitted as Exhibit 1018.
`
`7.
`
`Following my announcement to the Linux Mailing List and the post on
`
`Slashdot, both of which included a link to my VServer website, I noticed that traffic
`
`to the website spiked dramatically. I recall in particular that my VServer website
`
`received 120,000 requests in a single day shortly after the post on Slashdot. This
`
`type of spike in traffic to websites featured on Slashdot was commonly known as the
`
`“Slashdot effect.” I recall being quite proud that my website did not crash under the
`
`added traffic.
`
`8.
`
`A true and correct copy of pages from my VServer website, preserved
`
`by the Internet Archive’s Wayback Machine, is being submitted as Exhibit 1007.
`
`This exhibit accurately captures the content of my website in the period between
`
`December 22, 2001, and August 14, 2002, when the Wayback Machine archived the
`
`pages. The website shown in this exhibit is the same website that was linked in my
`
`Linux Kernel Mailing List announcement and the Slashdot post.
`
`-2-
`
`
`
`Amazon.com, Inc. v. VirtaMove Corp.
`Declaration of Jacques Gélinas – U.S. Patent No. 7,519,814
`
`9.
`
` The portion of Exhibit 1007 entitled “Virtual private servers and
`
`security contexts” accurately shows content captured from my web site on June 6,
`
`2002. The portion entitled “vserver Howto/FAQ” accurately shows the content
`
`captured from my web site on June 15, 2002 for the first question, August 14, 2002
`
`for the second question, and December 22, 2001 for the third question. Thus, all of
`
`these pages in Exhibit 1007 were publicly available on my website by August 14,
`
`2002.
`
`
`
`
`
`-3-
`
`
`
`Amazon.com, Inc. v. VirtaMove Corp.
`Declaration of Jacques Gélinas – U.S. Patent No. 7,519,814
`
`
`
`-4-
`
`
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