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)

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To: From: CC: ~AlexJ@youtube. com) BCC: Sent Date: 2007-06-0806:45:32 GMT "Richard Kuo" ~rkuo@google. com)o "Cliff Samaniego" C:csamaniego@google. com) "Adam Relis" -(arelis@youtube.com~', "alexj@youtube.com" Subject: Re: 2 screen shots from HSN I think I know what's gcing on here. Richard, if we migrate any partners, their content is automatically claimed, yes? If they are claimed, then the Ad Sales team automatically receives a client ID and ads are automatically turned on. I think I ran across this once when we did tests with the first wave of the migration. There were a few non-profits (linktv On 6/7/07, Richard Kuo -(rkuo@google.com) wrote: ) ) if your partners are uploading videos via the web and not claiming ) them.. .that might account for it. Also the ads system oan be a bit flaky )- sometimes... you should continue to keep an eye open for weird behavior. )- )- i don't think there any particular way to message this... we host content )- and in return we run ads against it. The only reason this seems weird is )- because we're running house ads against ~llnon-partner content due to )- playing it safe, so to speak. )- )- On 6/7/07, Adam Relis C:arelis@youtube.com) wrote: )- )- Fair enough. I just haven't seen these type of ads above videos for any )) of my other partners. It's always a house ad. )0 )0 )- )0 ))0 )- Is there a particular way i should message this to them? On 6/7/07, Richard Kuo ~rkuo@google.com) wrote: Tube has a content owner accoul1~. ) )) )- .)0 )0 ). ? ? )0 )- ) Pretty much every partner on You )0 ) )- We revshare if the deal is for revshare. BBC has opted out of ads and ) ) ) we will probably be doing it with university deals. But these have )0 )0 )- and/or large deal scope merits and for HSN, we might be skeptical about )- )- )- allowing them to opt out? )- )0 )) ) ) i by 1 is one way to do it.. .not a great one right now. social )- ;. ;. )- )0 )- On 6/7/07, Adam Relis -( arelis@youtube.com)- wrote: )0 )- )- ))))0) I'm not sure I've heard of this type of account before. How does a )- ) )- ways to find unclaimed content coming. vJe have more )0 ) )0 )0 partner get set up with it? Do we split revenue here? Can the partner opt ? )- ? )- out? )0 ) )0 )0 ) ) ) ) FYI, this is a torso partner, so there should not be any nego~iated )- ) )- )- deal associated. Also, they have over 6000 videos, so if they did wnat to Highly Confidential Expert - Lies G00001-06811230 ~~ l? ~ :; ~ ~ continue and claim the content, what i s the best way to do tha~? 1 by ~ :; ~ :; ~ ~ ~ ~ ~ ~ Thanks, ~;;~;;~ reason :? ~ ~ ~ ~ Adam ~ ~ ;; ? ~ ~ ~ ~ On 6/7/0'7, Richard Kuo .: rkuo@google. com~ wrote: ~ ~ ~ ~ ~ These partners have content owner accounts which indicates that ~ ~ ~ ~ ~ they "own" the content they are uploading. We run a.ds against all licensed ~ ;; ~ ;; ~ content of this nature, unless the negotiated agreement for some ~~ ~ :? tells us not to. ~~~~ ~~~~ ~ ~ ~ :; .? ~~~ ~ ~ ~ :; ~~~~ ~ ~ I f some content in their account somehow failed to claim properly, ~ they might want to manually claim it as the message indicates. ? ~ On ~~ 6/7/07, Adam Relis ~arelis@youtube. com~ wrote: ~ :? ~ :? ~ ~ Hey All, ~~~~~~ ~~ )- ~ )- )- )~ ? ~)- .:. ? ~ ~~ ;; ~ -' ~ ? ;;)- )- ). ~ ;,~ ~ ? :? ~ ~~ ~ ~~ :? ~~ ~~ ~? ~~ ~~~~~ ~ ~ ~ :; :; ~~~~~ ~~~~~~ Highly Confidential Expert - Lies G00001-06Sll23l ~~~~~~ ~~~~~~ ~~~~~~ ~ ~ ~ ;; ~ ~ ~~~~~~ ~~~~~~ Hi Joe, I don i t see any attachments here. Can you please res end when you have a second? ~~~~~~ ~~~~~~ ;; ~ ~ ~ ~ ~ ~~~~~~ ~~~~~~ Thanks! On 6/7/07, *Pizzuto, Joseph* wrote: ?????? ~~~~~~ .~ ~ ~ '/ ~ ? )))))) ))))) ./ ) ) ) :/ ~)~~~ ~~~)) ~ ~ ;, ~ ~~~ ~~~ ) ) ~ ~ ** ** ** ** ** ** ***** * ~ ? Adam Relis ~ YouTube :/ 1000 Cherry Ave, Suite 200 ;, San Bruno CA 94066 ~ Phone: ) notify me ~ ~ ) ~ ~ ~ immediately and do contents to ;, ) ;, ~ ~ ~ any other person. therefore, ) )))) ) ) ~ ~ ? ;, Fax: 650.963.3367 ~ ) ) ) arelis@youtube.com :/ ;, :/ ;, ~ "This email and the information it contains are confidential and not copy it for any purposc, or disclose its Internet communications are not secure and, ~ ~ ~ ~ ~ may be privileged. If you have received this email in error please ~ ;, ) ~ ~ ~ Gocgle does not accept legal respcnsibility for the contents of this message ) ? ? ) ~ ~ as it has been transmitted over a public network. If you suspect the message ? ? ~ ~ ~ ;, may have been intercepted or amended plea.se call me." ? ? ? ? ;; ~ )) ;, :/ )))) ???)?? ;, )- ;, ? ;, ? ) )- )) YouTube ~) 1000 Cherry Ave, Suite ) San Bruno, CA 94066 )) )) Phcne: ) ) )- ) )- ). Fax: 650.963.3367 ) ) ) ) ) ) arelis@youtube. com ;, ? ;, ;, ?)?~ ))?) ~ ~ ~ ). ;; ? ). ~)~~ ** ** ** ** ** ***** ** * Adam Relis 200 ~ ~ )- ~ )- ~ ;; ;; ;; )"This email and the information it contains are confidential and ) ) )- ) ) ) ~ ~ may be privileged. If you have received this email in error please noti fy me ) ) ) ) ) )- immediately and do not copy it for any purpose, or disclose its contents to therefore, ~ )- ~ ~ )- )- Google does not accept legal responsibi lity for the contents of this message ~ ~ ~ )- ~ ;, as it has been transmitted over a public network. If you suspect the message ~ ) ~ ) ~ ) any other person. Internet communications are not secure and, Highly Confidential Expert - Lies G00001-06811232 ;: ;: ;: ;: ;: ;: ;: ;: ;: ;: ;: ;: ;: may have been intercepted or amended pleas e call me." ;: ;: / ;: ;: ? ;: ;; ;; ;: ;: ? ? ;: ;: ? ? ;: ;: ;: ;: ;: ;: ;: ;: ;: ;: ? ? ****************** ;: ;: Adam Relis ? ? YouTube ;: ;: / ;; / / San Bruii' / / ? ? Phone: _ ::0 ;: ;: 1000 Cherry Ave, Suite 200 CA 94066 ;: , ? Fax: 650.963.3367 ? ? ? arelis@youtube.com ? ? ?? ? ? ? ? "This email and the information it contains are confidential and may ;: ? ;: me ? ;: be privileged. If you have received this email in error please notify / / / / immediately and do not copy it for any i~s contents to / / ;: ;: any other person. Internet conununications are not secure and, therefore, message message ~ ? , ? Google does not accept legal responsibility for the contents of this ? ? ;: ;: as it has been transmitted over a public network. If you suspect the ::0 ::0 /// / /// ? ;: ;: ;: ;: may have been intercepted or amended please call me." ;: ? ? 7 ****************** ? ? Adam Relis ? ;: You // /? Tube ? ? 1000 Cherry Ave, Suite 200 / ;: San Bruno CA 94066 / / Phone: ( '/ l-.o / ? Fax: 650.963.3367 ? ;: arelis@youtube. com ?? ;: ;: "This email and the information it contains are confidential and may be '/ privileged. ?? immediately If you have received this email in, error please notify me and do not copy it for .ny purpose,.or disclose its contents ? ? any other person. Internet comrnunications 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. If you suspect ~he message ;: ;; ? ;: may have been intercepted or amended please call me." / / cliff Samaniegc Highly Confidential Expert - Lies GOOOOl -06811233 YouTube 1000 Cherry Avenue, Suite 200 San Bruno, CA 94066 Phone: (650) 827-6123 Fax: (650) 963-3367 "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 and do 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. If you suspect the message may have been intercepted or amended please call me." Highly Confidential Expert - Lies G00001-06811234