Disney Enterprises, Inc. et al v. Hotfile Corp. et al

Filing 320

NOTICE by Hotfile Corp. re 318 MOTION for Partial Summary Judgment PUBLICLY FILED VERSION (Attachments: # 1 Exhibit A, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Errata, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit)(Munn, Janet)

EXHIBIT 15 Perkins, Braxton HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 12/16/2011 Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 11-20427-WILLIAMS-TURNOFF DISNEY ENTERPRISES, INC., TWENTIETH CENTURY FOX FILM CORPORATION, UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, COLUMBIA PICTURES INDUSTRIES, INC., and WARNER BROS. ENTERTAINMENT INC., Plaintiffs, vs. HOTFILE CORP., ANTON TITOV, and DOES 1-10, Defendants. ___________________________ AND RELATED CROSS-ACTION. ________________________________________________________ HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER VIDEOTAPED DEPOSITION OF BRAXTON PERKINS PURSUANT TO FEDERAL RULE 30(b)(6) Los Angeles, California Friday, December 16, 2011 Reported by: LORI SCINTA, RPR CSR No. 4811 Job No. 178935B Electronically signed by Lori Scinta (601-264-733-0670) 5ff9ce4d-a4e8-444a-bce6-47911b25f707 Perkins, Braxton 12/16/2011 HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER Page 2 1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF FLORIDA CASE NO. 11-20427-WILLIAMS-TURNOFF 3 7 DISNEY ENTERPRISES, INC., TWENTIETH CENTURY FOX FILM CORPORATION, UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, COLUMBIA PICTURES INDUSTRIES, INC., and WARNER BROS. ENTERTAINMENT INC., 8 Plaintiffs, 4 5 6 9 10 vs. HOTFILE CORP., ANTON TITOV, and DOES 1-10, 11 12 13 Defendants. ____________________________________ AND RELATED CROSS-ACTION. ______________________________________________________ 14 15 HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER Videotaped deposition of BRAXTON PERKINS, 16 17 pursuant to Federal Rule 30(b)(6), taken on behalf of 18 Defendants and Counterclaimant Hotfile Corp., at 19 633 West Fifth Street, Los Angeles, California, 20 beginning at 10:15 A.M. and ending at 7:16 P.M. on 21 Friday, December 16, 2011, before LORI SCINTA, RPR, 22 Certified Shorthand Reporter No. 4811. 23 24 25 Electronically signed by Lori Scinta (601-264-733-0670) 5ff9ce4d-a4e8-444a-bce6-47911b25f707 Perkins, Braxton 12/16/2011 HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER Page 3 1 APPEARANCES: 2 3 For Plaintiffs: 4 5 6 7 JENNER & BLOCK LLP BY: DUANE C. POZZA Attorney at Law 1099 New York Avenue, NW, Suite 900 Washington, D.C. 20001-4412 202.639.6000 Email: dpozza@jenner.com 8 -- and -9 10 11 12 NBC UNIVERSAL BY: KAREN GARVER Senior Counsel, Anti-Piracy Legal Affairs 100 Universal City Plaza Universal City, California 91608 818.777.2493 Email: karen.garver@nbcuni.com 13 14 For Defendants and Counterclaimant Hotfile, Corp.: 15 16 17 18 19 FARELLA BRAUN + MARTEL LLP BY: DEEPAK GUPTA Attorney at Law 235 Montgomery Street San Francisco, California 94104 415.954.4400 Email: dgupta@fbm.com 20 21 Videographer: 22 23 24 VONYARN MASON SARNOFF COURT REPORTERS 20 Corporate Park, Suite 350 Irvine, California 92606 877.955.3855 25 Electronically signed by Lori Scinta (601-264-733-0670) 5ff9ce4d-a4e8-444a-bce6-47911b25f707 Perkins, Braxton 12/16/2011 HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER Page 109 deals with other sites. 02:14 1 02:14 2 02:14 3 YouTube have been with in-house counsel. 02:15 4 about YouTube are always shared in privileged 02:15 5 conversations. 02:15 6 BY MR. GUPTA: 02:15 7 02:15 8 02:15 9 THE WITNESS: Q All of my discussions about My opinions Do you know what the Hotfile special rightsholder account is? A Through the prep for this deposition, I recall 02:15 10 reading about it. 02:15 11 believe you showed me earlier today, I think I read that 02:15 12 term. MR. GUPTA: 02:15 13 02:15 14 In fact, in one of the documents I Would you please mark this as Universal Exhibit 46. 02:15 15 (Universal Exhibit 46 was marked for 02:16 16 identification by the court reporter.) 02:16 17 02:16 18 02:16 19 02:16 20 02:16 21 02:17 22 BY MR. GUPTA: Q Mr. Perkins, could you please have a look at Exhibit 46 and tell me what that is. A This appears to be a email from hotfile.abuse@gmail.com to a list of email addresses. Q Doesn't this email show that Hotfile is 02:17 23 offering a special rightsholder account to 02:17 24 NBC Universal, Mr. Perkins? 02:17 25 MR. POZZA: Electronically signed by Lori Scinta (601-264-733-0670) Object that it lacks foundation, 5ff9ce4d-a4e8-444a-bce6-47911b25f707 Perkins, Braxton 12/16/2011 HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER Page 110 it's ambiguous. 02:17 1 02:17 2 02:17 3 piece of paper not be a hundred percent sure. 02:17 4 that it's from a gmail account could to me indicate that 02:17 5 it was not actually an authorized communication from 02:17 6 Hotfile. 02:17 7 02:17 8 based on the sending address and the inclusion of other 02:17 9 emails that I am unfamiliar with. 02:17 10 02:17 11 THE WITNESS: I would just upon reading this The fact I think -- so I'm not a hundred percent sure BY MR. GUPTA: Q But Universal did receive this email, correct? 02:17 12 MR. POZZA: 02:17 13 Objection. THE WITNESS: Lacks foundation. I am -- I cannot personally 02:18 14 attest to knowing whether this was received or not, but 02:18 15 the antipiracy NBC Universal email does lead me to 02:18 16 believe that it's possible that this did come into our 02:18 17 antipiracy inbox. 02:18 18 BY MR. GUPTA: 02:18 19 Q And based on the Bates number, it appears that 02:18 20 this was actually produced by Universal in this 02:18 21 litigation, correct? 02:18 22 A What's a Bates number? 02:18 23 Q I'm sorry. 02:18 24 02:18 25 I'm sorry. It's the number at the bottom with a Universal code on it. A Electronically signed by Lori Scinta (601-264-733-0670) Okay. Yeah. 5ff9ce4d-a4e8-444a-bce6-47911b25f707 Perkins, Braxton 12/16/2011 HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER Page 111 MR. POZZA: I will stipulate that Universal 02:18 1 02:18 2 did, in fact, produce this document although the witness 02:18 3 may be unfamiliar with how Bates labeling works. 02:18 4 BY MR. GUPTA: 02:18 5 02:18 6 dispute that Hotfile offered it a special rightsholder 02:19 7 account in June of 2010? 02:19 8 02:19 9 Q But, once again, Mr. Perkins, does Universal MR. POZZA: Object as ambiguous and lacking foundation. THE WITNESS: 02:19 10 What I -- what I would be able to 02:19 11 under oath testify to, given that this did come from our 02:19 12 email records, is that the antipiracy email box received 02:19 13 this email. 02:19 14 Upon reading it for the first time, I am not 02:19 15 convinced, based on the contents of this email from a 02:19 16 gmail account, that, in fact, this was an authentic -- 02:19 17 or this was a communication sent from hotfile.com. 02:19 18 BY MR. GUPTA: 02:19 19 02:19 20 Q account with Hotfile? MR. POZZA: 02:19 21 02:20 22 Did Universal ever open a special rightsholder Objection. Ambiguous, lacks foundation. THE WITNESS: 02:20 23 Any and all conversations or 02:20 24 decisions about special rightsholders accounts are 02:20 25 always made by in-house counsel. Electronically signed by Lori Scinta (601-264-733-0670) 5ff9ce4d-a4e8-444a-bce6-47911b25f707 Perkins, Braxton 12/16/2011 HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER Page 112 BY MR. GUPTA: 02:20 1 02:20 2 02:20 3 with in-house counsel. 02:20 4 account was ever opened by Universal with Hotfile. 02:20 5 MR. POZZA: 02:20 6 THE WITNESS: 02:20 7 02:20 8 02:20 9 02:20 10 Q I'm just asking whether an Same objections. I am not aware of one. BY MR. GUPTA: Q Do you know if other sites, other hosting sites, provide systems similar to the Hotfile special rightsholder account? MR. POZZA: 02:20 11 02:21 12 And I'm not asking about your communications Objection. Ambiguous, lacks foundation and outside the scope of the notice. THE WITNESS: 02:21 13 All discussions that I have about 02:21 14 rightsholders accounts or special accounts I discuss 02:21 15 with my in-house counsel. 02:21 16 BY MR. GUPTA: 02:21 17 Q And I'm just asking about facts that you know 02:21 18 separate and apart from discussions with in-house 02:21 19 counsel. Independent of your discussions with in-house 02:21 20 02:21 21 counsel, are you aware of other sites that provide 02:21 22 special rightsholders accounts similar to Hotfile? 02:21 23 MR. POZZA: 02:21 24 THE WITNESS: 02:21 25 Same objections. I'm actually not sure what the special rightsholder's account actually entails, so it Electronically signed by Lori Scinta (601-264-733-0670) 5ff9ce4d-a4e8-444a-bce6-47911b25f707 Perkins, Braxton 12/16/2011 HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER Page 257 1 I, the undersigned, a Certified Shorthand 2 3 Reporter of the State of California, do hereby certify: That the foregoing proceedings were taken 4 5 before me at the time and place herein set forth; that 6 any witnesses in the foregoing proceedings, prior to 7 testifying, were duly sworn; that a record of the 8 proceedings was made by me using machine shorthand 9 which was thereafter transcribed under my direction; 10 that the foregoing transcript is a true record of the 11 testimony given. Further, that if the foregoing pertains to 12 13 the original transcript of a deposition in a Federal 14 Case, before completion of the proceedings, review of 15 the transcript [ x ] was [ ] was not requested. 16 I further certify I am neither financially 17 interested in the action nor a relative or employee 18 of any attorney or party to this action. IN WITNESS WHEREOF, I have this date 19 20 subscribed my name. 21 22 Dated: 12-20-11 23 24 25 Electronically signed by Lori Scinta (601-264-733-0670) ________________________________ LORI SCINTA, RPR CSR No. 4811 5ff9ce4d-a4e8-444a-bce6-47911b25f707