United States District Court, Southern District of New York
June 13, 2003
UNITED STATES OF AMERICA, AGAINST RUSSELL A. HARDING, DEFENDANT.
The opinion of the court was delivered by: Lewis A. Kaplan, District Judge
Counsel are advised that the Court may take judicial notice, pursuant to FED. R. EVID. 201, of the following factual propositions:
1. "JPEG" is an acronym for Joint Photographic Experts Group.
2. JPEG refers to a data compression method that can reduce the size of digital data files beneath their uncompressed sizes.
3. JPEG is referred to also as JPG.
4. JPEG compression frequently is used to compress graphic as opposed to text data files.
5. Text may be converted into a graphic data file by optical scanning.
6. Graphic data files containing images of textual material may be created, or converted into, JPEG files and stored in that format.
7. Files stored on personal computers each have file names.
8. In DOS, various versions of Windows, and other operating systems, file names typically are in the format [file name].XXX.
9. The portion of the file name following the period and indicated in paragraph 8 by the characters XXX is referred to as a file extension.
10. The file extension may consist of any three or, in some operating systems, more letters.
11. By convention, files often are assigned file extensions suggesting the nature of their contents. For example, WordPerfect and Word, two commonly used word processing programs, normally assign the file extensions "wpd" and "doc," respectively, to documents created by them. Similarly, graphics files created or saved in the JPEG format normally are assigned names that include the file extension "jpg."
12. Notwithstanding the conventions referred to in paragraph 11, personal computers typically allow a user to assign any desired three letter file extension to any file, regardless of the nature of the content of the file.
13. A personal computer user could assign file names including file extensions, such as "jpg," that conventionally are used to indicate graphic data files to files that contain text.
The Court believes that the foregoing facts may be verified very quickly. Accordingly, it will take judicial notice of them absent objection at or before the hearing on defendant's motions that will take place on June 16, 2003 unless an extension of time is sought and granted.
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