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)

From: Sent: To: Cc: Subject: It's all 'bout da videos, yo. We'll be an excellent acquisition target once we're huge. Jawed Jawed Karim http://iawed.com/ On Sat, 23 Apr 2005, Steve Chen wrote: :; :; Search Battle Heads to Video :; :; By Joanna Glasner :; -Cl1ttpj/\V\V\y,\vii:eci"cQJll/11 e'vvslfeedl'lak/niail/l ,233Q, 0:28:67302, QQ.l1tmI:; :; :; Story location: li;,lwww wiredcom/news/digjwood/o.l41 L67:\Q2.OOhtml ;; :; 0200 AM Apr 23,2005 PT :; :; As millions of broadband subscribers who missed a wardrobe-malfunction :; moment on TV can attcst, the intemet can be a convenient resource for :; finding much-talked-about events on video. :; ;; Whcther it's Janet Jackson's Super Bowl breast exposure or The Daily Show :; host Jon Stewaii's explosive appearance on a political talk show, video :; clips of high-profile moments have sent millions of net users scrambling to :; search engines for footage, :; :; -ca:;-cimg:;-c/a:; :; :; But until recently, intemet users who don't patronize peer-to-peer sites :; had few options for tracking down video content outside Qf entering a query :; in a standard search box. :; :; Large net pOlials and a handful of smaller sites are looking to change that :; In recent weeks, Yahoo, Google and MSN have each rolled out services :; designed to make it easier to upload or locate video online. The portals' :; rollouts come as a handful of staiiups and independent film sites are :; creating tools to make putting video online nearly as simple as publishing :; text. :; :; Recently, Yahoo launched a beta version of a service called Media RSS that :;lcts anyonc with footagc submit vidcos 'http://scarch,vabS2.2.com/mrss/sulmii1:; :; for distribution. Bradley Horowitz, director of multimedia and desktop :; search at Yahoo, said the feature is designed to provide an easyvvay for :; "mom and pop creators of video" to connect with people who might be :; interested in viewing their content. The RSS feature follows the December :; launch of a video search engine -Cl1ttpj/vicieQ,yaI1QQQm:; . HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY JK00009137 ? ? This year, Yahoo is projecting that the number of videos streamed over the ? web will grow by nearly 50 percent from last year. Citing forecasts it ? commissioned from AccuStream iMedia Research, Yahoo said ? expected to stream more than 21 billion videos in 2005, up ? last year. ? ? Yahoo's video-related rollouts come as thc company's arch rival, Googlc, is ? expanding in the video search arena. Google is cUlTently J'iniiing a beta ? version of an upload program ~https:/!!riload.video.google.com? that lets ? anyone submit videos electronically to its Google Video site, so long as ? they own the rights to the work. The company said the videos will be made ? available on its video search site ~http://vidco.googLe&Qm? , but has not ? specified a date. ? ? Meanwhile, Microsoft's MSN, which launched its own video search site ? ~http://video,msn.c.Q.m/vid.eo/p.htm? last fall, has been steadily beefing up ? its film offerings. Earlier this month, the company announced an agreement ? to publish videos distributed by streaming provider Ifilm. ? ? ? Blair Hanison, 1film's CEO, says cunent offerings of online video ? represent a tiny fraction of what will be available in the next few years. ? "Everyone is adding video to their sites in much the way they added Flash or ? other technologies to their sites a few years ago," Hanison said. As ? digital rights management technologics evolve, Hanison also expects ? Hollywood producers will be more comfortable putting TV shows and movies on ? the web and letting fans search for them. ? ? Harrison expects the amount of homespun video footage available for online ? consumption will skyrocket next year, when handsets with built-in video ? cameras are nearly as widely available as still-picture camera phones are ? today. ? ? Already, HaiTison said, people arc adding videos to dating site profiles, ? uploading homemade movies, and putting fim snippets on social-networking ? sites like Myspace.com at an ever-accelerating pace. However, he believes ? that programs for editing video and publishing it online are not yet ? user-friendly enough to appeal to l1lOSt intemet users. ? ? Tiffiniy Cheng, co-director of the Paiiicipatory Culture Foundation, a group ? that is building a tool for independent video makers to put content online, ? hopes to make the publishing process easier in the near future. ? ? "Wc 'want to makc uploading a video as casy as blogging," Chcng said. ? Participatory Culture, she said, plans to make a publishing tool integrated ? with the file-sharing network BitTonent available in a few weeks. ? ? ? lfilm's 1-1anison also envisions strong demand shaping up for services that ? will help people navigate a seemingly bottomless supply of video content. ? "If I'm faced with a programming univcrsc of litcrallythousands of ? channels, it bceomes effectively useless to flick through a channel lineup. ? People will develop guides and bookmarks to navigate om their own ? perspective," he said. ? ? Hanison says it remains unelcar who will providc the guides and bookmarks. ? The big portals, with their vast reach, are well-poised to help intemet ? users navigate the video universe. However, it's also quite possiblc that a ? "small, smart newcomer" could take established players by sUI1)lise. ? HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY JK00009138 ? "Anyone that is 200 million members strong or more has the benefit of scale ? of audience," Hanison said. "But it doesn't take long to be successful if ? you truly have a superior offering." ? ? ? ? HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY JK00009139