Viacom International, Inc. et al v. Youtube, Inc. et al

Filing 214

DECLARATION of William M. Hohengarten (Part Eight) Ex. 160 in Support re: 176 MOTION for Partial Summary Judgment /Viacom's Notice of Motion for Partial Summary Judgment on Liability and Inapplicability of the Digital Millennium Copyright Act Safe Harbor Defense.. Document filed by Country Music Television, Inc., Paramount Pictures Corporation, Viacom International, Inc., Black Entertainment Television, LLC, Comedy Partners. (Attachments: # 1 Exhibit 161, # 2 Exhibit 162, # 3 Exhibit 163, # 4 Exhibit 164, # 5 Exhibit 165, # 6 Errata 166, # 7 Exhibit 167, # 8 Exhibit 168, # 9 Exhibit 169, # 10 Exhibit 170, # 11 Exhibit 171, # 12 Exhibit 172, # 13 Exhibit 173, # 14 Exhibit 174, # 15 Exhibit 175, # 16 Exhibit 176, # 17 Exhibit 177, # 18 Exhibit 178, # 19 Exhibit 179, # 20 Exhibit 180, # 21 Exhibit 181, # 22 Exhibit 182, # 23 Exhibit 183, # 24 Exhibit 184, # 25 Exhibit 185, # 26 Exhibit 186, # 27 Exhibit 187, # 28 Exhibit 188, # 29 Exhibit 189, # 30 Exhibit 190, # 31 Exhibit 191, # 32 Exhibit 192, # 33 Exhibit 193, # 34 Exhibit 194, # 35 Exhibit 195, # 36 Exhibit 196, # 37 Exhibit 197, # 38 Exhibit 198, # 39 Exhibit 199, # 40 Exhibit 200, # 41 Exhibit 201, # 42 Exhibit 202, # 43 Exhibit 203, # 44 Exhibit 204, # 45 Exhibit 205, # 46 Exhibit 206, # 47 Exhibit 207, # 48 Exhibit 208, # 49 Exhibit 209, # 50 Exhibit 210, # 51 Exhibit 211, # 52 Exhibit 212, # 53 Exhibit 213, # 54 Exhibit 214, # 55 Exhibit 215, # 56 Exhibit 216, # 57 Exhibit 217, # 58 Exhibit 218, # 59 Exhibit 219, # 60 Exhibit 220, # 61 Exhibit 221, # 62 Exhibit 222, # 63 Exhibit 223, # 64 Exhibit 224, # 65 Exhibit 225, # 66 Exhibit 226, # 67 Exhibit 227, # 68 Exhibit 228, # 69 Exhibit 229, # 70 Exhibit 230, # 71 Exhibit 231, # 72 Exhibit 232, # 73 Exhibit 233, # 74 Exhibit 234, # 75 Exhibit 235, # 76 Exhibit 236, # 77 Exhibit 237, # 78 Exhibit 238, # 79 Exhibit 239, # 80 Exhibit 240, # 81 Exhibit 241, # 82 Exhibit 242, # 83 Exhibit 243, # 84 Exhibit 244, # 85 Exhibit 245, # 86 Exhibit 246, # 87 Exhibit 247)(Kohlmann, Susan)

To: From: Cc: Bee: Received Date: "Suzie Reider" ,sreider@google.com;; "Jordan Hoffner" ,jhoffner@google.com;; Subject: Hi- 2007 -07 -07 00: 10: 59 GMT Fw: Fwd: (Video-bdJ Banner Ads Requested by Content Partners - Process Hope you are having a nice 4th. Take a look at the below. If we wanted to use the banner inventory to promote partners' content on UGC watch pages, is that something we can do? Who makes that policy decision? We could use that inventory. Let me know what you think. ..~ Jordan Hoffner "If you received this communication by mistake, please don't forward it to anyone else (it confidential or privileged information), please erase all copies of it, including all attachments, and please let the sender know it wentto the wrong person. Thanks. ----- Original Message ----From: Jordan Hoffner To: Philip Inghelbrecht Cc: Alex Ellerson Sent: Fri Jul 06 16:05:052007 Subject: Re: Fwd: (Video-bdJ Banner Ads Requested by Content Partners - Process It is different in the mínd of Suzie and the compliance folks. Let's take the example of Warner Bros. They could be promoting a movie for new releaseby buying those units. If we give them away as part of a content deal, we are just undercutting the sales group. That may not be the most rational decisionmaking, but it is something they feel strongly about. On the UGC side: The policy since january is to run nothing other than house ads promoting the YT service in UGC. If you are asking to change the policy, that's fine, we can look into it so that we are giving partners what they need to drive audiences to their content. -~ Jordan Hoffner Google "If you received this communication by mistake, please don't forward it to anyone else (it may contain let the confidential or privileged information), please erase all copies of it, including all attachments, and please sender know it went to the wrong person. Thanks." ----- Original Message ----From: Philip Inghelbrecht ,inghelbrecht@google.com;; To: Jordan Hoffner Cc: Alex Ellerson Sent: FriJul 0615:53:29 2007 Subject: Re: Fwd: (Video-bdJ Banner Ads Requested by Content Partners - Process We have about 400MM idling banner impressions daily which we *badly* need to turn into promotional tools. If we can't do search/category pages.. fine, but at the bare minimum we should get all UGC pages. Banners and PVAs are really not any different from dir video thumbnails. They just look a bit different.. but they Highly Confidential G00001-02034326 serve the same purpose. (pJ On 7/6/07, Jordan Hoffner ,jhoffner@google.com;; wrote: Happy to discuss. Looking at the trail here, I think Sandy may have lost some meaning in translation. However, they REALLY have a problem with banners on search watch pages. Front page and now search PVAs are also highly problematic. I told her to check with Eva before any policy is set to make sure that was the case. Are you giving out those top masthead banners in search? Every conversation i have had with a partner promotion rotation is limited to director's videos, which stated below are still kosher. Front page and now search PVAs are also highly problematic. ..~ Jordan Hoffner "If you received this communication by mistake, please don't forward it to anyone else (it may contain confidential or privileged information), please erase all copies of it, including all attachments, and please let the sender know it went to the wrong person. Thanks." ----- Original Message ----From: Philip Inghelbrecht ,inghelbrecht@google.com;; To: Alex Ellerson; Jordan Hoffner Sent: Fri Jul 06 14:36:31 2007 Subject: Fwd: (Video-bdJ Banner Ads Requested by Content Partners - Process Hi guys We really, really cannot give this away. It's the only currency we have. Can we pis discuss ASAP? Thx - (pJ ---------- Forwarded message ---------- From: Sandy Kuo, skuo@google.com ,mailto:skuo@google.com;; ;; Date: Ju16, 20072:27 PM Subject: Re: (Video-bdl Banner Ads Requested by Content Partners - Process To: Philip Inghelbrecht ,inghelbrecht@google.com ,mailto:inghelbrecht@google.com;; ,mailto: inghelbrecht@google.com;; ;; Cc: Talia Dear dalia@google.com;; MGs? no more acronyms! This would apply to all banner advertisement. This is interesting, when I approached Jordan about this, he said he didn't think any SPDs were giving these out but that Director's Videos were the only promos given it's quiet common. Jordan was fully on board out. The way you're positioning the below, it makes it sound like with our policy. why we need it to go through like a media buy? This ensures that we're sox compliant and operationally coordinated. Highly Confidential G00001-02034327 On 7/6/07, Philip Inghelbrecht ,inghelbrecht@google.com ,mailto:inghelbrecht@google.com;;;; wrote: Hi Sandy It would be the same concept as dir videos, just another form of promotion. We absolutely need this in our deal making (since we don't payout much or even offer MGs). Thx - (pJ PS - why was this scrapped btw? On 7/6/07, Sandy Kuo , skuo@google,com ,mailto:skuo@google.com;; ;; wrote: Hi Philip - I've removed everyone from the email threaqexceptforTalia. Could you give more clarification on what these promotional offerings are? Our policy would include all banner advertisements. This does not apply to director's videos (the policy on how Director's Video will be given out will be lookedat.separately) Thanks, Sandy On 7/6/07, Philip Inghelbrecht, inghelbrecht@google.com ,mailto: inghelbrecht@google.com ,mailto:inghelbrecht@google,com;; ;; ;; wrote: Hi Sandy Could you please confirm that this doesnot include promotional offerings (typically in lieu of MG..) as part of content licensing deals. Thx - (pl On 7/6/07, Sandy Kuo ,skuo@google.com;; wrote: Hi Team, Please note that going forward, if your content partner requests any banner advertisement (including those on contests and groups) or PVA, they will have to like any other media buy, Please reach out to to get assistance Please let me or Talia know if you have any Thanks, Sandy This email and the information it contains are confidential and may be privileged, If you have received this email in error please notify me immediately. You should not copy it for any purpose, or disclose its contents to any other person. Internet communications are not secure and, therefore, Google does not accept legal responsibility for the contents of this message as it has been transmitted over a public network. Please contact meif you suspect the message may have been. intercepted or amended. Highly Confidential G00001-02034328 bd@google.com;; https:l/mailman.corp.google.com/mailman/I isti nfo/video-bd ,https://mailman,corp.google.com/mail man/I istinfo/video-bd;; ,https://mailman,corp.google. com/mailman/I istinfolvideo-bd;; Philip Inghelbrecht Strategic Partner Development Google Inc Dir Cell Fax 650 963_3290 "If you received this communication by mistake, please don't forward it to anyone else (it may contain confidential or privileged information), please erase all copies of it, including all attachments, and please let the sender know it went to the wrong person. Thanks." This email and the information it contains are confidential and may be privileged. If you have any purpose, or disclose its contents to any other person. Internet communications are not secure and, therefore, Google does not accept a public network. Please legal responsibility for the contents of this message as it has been transmitted over contact me if you suspect the message may have been intercepted or amended, received this email in error please notify me immediately. You should not copy it for Philip Inghelbrecht Strategic Partner Development GOO_elnc ,.,,' Dir Cell Fax 650 963-3290 "If you received this communication by mistake, please don't forward it to anyone else (it may contain confidential or privileged information), please erase all copies of it, including all attachments, and please let the sender know it went to the wrong person. Thanks." This email and the information it contains are confidential and may be privileged. If you have received this email in error please notify me immediately. You should not copy it for any purpose, or disclose its contents to any other person. Internet communications are not secure and, therefore, Google does not accept legal responsibility f()r the contents of thismessag§ as ,it has been transmitted overa public network. Please contact me if you suspectthe message may have been intercepted or amended. Highly Confidential G00001-02034329 Philip Inghelbrecht Strategic Partner Development Google Inc D' ~ c~~ Fax 650 963-3290 "If you received this communication by mistake, please don't forward it to anyone else (it may contain confidential or privileged information), please erase all copies of it, including all attachments, and please let the sender know it went to the wrong person. Thanks." "If you received this communication by mistake, please don't forward it to anyone else (it may contain confidential or privileged information), please erase all copies of it, including all attachments, and please let the sender know it went to the wrong person. Thanks." Highly confidential G00001-02034330