Viacom International, Inc. v. Youtube, Inc.

Filing 121

APPENDIX, on behalf of Appellant Black Entertainment Television, LLC, Comedy Partners, Country Music Television, Inc., Paramount Pictures Corporation and Viacom International, Inc., FILED. Service date 12/10/2010 by CM/ECF. [165091] [10-3270]

Viacom International, Inc. v. Youtube, Inc.

Doc. 121 Att. 1

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PARTNER will receive a list of Text Search Matches (as defined below) for PARTNER's review through the Search & Claim Tool. In the event that PARTNER identifies a file as containing audio or audiovisual content owned or controlled by PARTNER, and designates its ownership or control through the Search & Claim Tool, PARTNER shall have the option to make the Election. Once a file is identified by PARTNER via the Search & Claim Tool as PARTNER content, the file will automatically be audio fingerprinted and added to the audio fingerprint library so future uploads of the file can be detected automatically via the audiO fingerprint process described herein. 2. Blocked Content

a.

The parties agree that PARTNER will create a list of Blocked Content. "Blocked Content" shall mean any PARTNER content that PARTNER provides to the Fingerprint Vendor and designates as "Blocked" in the metadata aSSOCiated with the PARTNER fingerprints. This list may be updated by PARTNER from time to time by providing a revised Blocked Content list to the Fingerprint Vendor (as defined below). YouTube/Google shall, acting on PARTNER's behalf, instruct the Fingerprint Vendor to promptly (and, no later than five (5) business days following the receipt by the Fingerprint Vendor of a revised Blocked Content list from, or on behalf of, PARTNER) incorporate any revisions to the Blocked Content list in the metadata provided by the Fingerprint Vendor to YouTubelGoogle along with the Fingerprint Matches.

b. PARTNER agrees to designate as "Blocked Content" all PARTNER owned or controlled audiO content with respect to which PARTNER has not obtained all necessary rights with respect to use of User Generated Content on the Service, including guild and union payments, synchronization rights and any required reproduction rights (for server copies, hosting, encoding, etc ... ). 3. User Generated Videos a. "User Generated Videos" shall mean those videos on the Video Service that are uploaded by a user of the Video Service and which PARTNER (or its authorized agent) or the Fingerprint Vendor determines contain PARTNER content that is not Blocked Content. For the avoidance of doubt, User Generated Videos shall include (a) Fingerprint Matches (as defined below) that do not match the fingerprint of any Blocked Content and (b) Text-Search Matches (as defined below) determined by PARTNER (or its authorized agent) to contain PARTNER content that is authorized via the Search & Claim Tool for use on the Video Service. b. YouTube/Google shall assign a unique identifier to each User Generated Video.

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II. Monitoring Processes
1. Acoustic Fingerprinting

PARTNER shall deliver (or $hall have already delivered) to the Fingerprint Vendor copies of its digital content files or fingerprints of it digital audio content that can be used to detect matching PARTNER content in videos on the Video Service. As of the Effective Date, the Fingerprint Vendor is a third-party company called Audible Magic, but the Fingerprint Vendor could change during the Term at YouTube/Google's sole discretion upon reasonable notice to PARTNER. The Finger Vendor shall store the audio fingerprints of the PARTNER content in the YouTube/Google fingerprint library. PARTNER may deliver additional digital content or audio fingerprints to the Fingerprint Vendor throughout the Term to enhance the YouTube/Google fingerprint library of audio fingerprints. PARTNER acknowledges that the success of the audio fingerprinting efforts depends on PARTNER's delivery of digital files or fingerprints to the Fingerprint Vendor. As part of the YouTube/Google general submission process for the Video Service, the audio portion of each file an end user attempts to upload to the Video Service shall be extracted from the video file as it is uploaded to the Video Service, and sent to the Fingerprint Vendor to compare against the YouTube/Google fingerprint library. Any video that contains audio identified as a PARTNER audio recording by the Fingerprint Vendor shall be deemed to be a "Fingerprint Match." The Fingerprint Vendor shall, using the list of Blocked Content provided by or on behalf of PARTNER, identify Fingerprint Matches containing Blocked Content with a specified tag in the applicable fingerprint's metadata. The Fingerprint Vendor shall return Fingerprint Matches to YouTube/Google on an ongoing basis, multiple times throughout each day. For any Fingerprint Match that contains metadata indicating that the audio portion of such video contains Blocked Content, 97% percent of the time the Blocked Content in the audio portion of such video shall be removed from the Video Service within two (2) business days or less. In the event Fingerprint Matches do not contain metadata indicating that the video contains Blocked Content, the corresponding PARTNER content shall thereafter be deemed to be licensed by PARTNER in connection with the Video Service, and shall be assigned a unique identifier by YouTube/Google in accordance with a mutually agreed process developed by the parties. YouTube/Google shall run the following "legacy" videos against the Fingerprint Vendor's database of fingerprints on the following schedule:

I Action

no

later I Legacy video scan

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than Launch +120 days

All videos in all categories with over 10,000 views

2. Text & Tag Searching YouTube/Google shall provide a tool (the "Search & Claim Tool") that gives PARTNER the ability to define in an XML feed to YouTubeiGoogle specific automated metadata text searches (or queries) comprised of PARTNER keywords, in each case, as may be updated by PARTNER from time to time by modifying the queries in the XML feed ("PARTNER Searches"). YouTube/Google shall run such PARTNER Searches at a frequency determined by PARTNER (but no more than once daily). The Search & Claim Tool shall also provide PARTNER with the ability to run PARTNER Searches on a one-off basis, or in connection with a particular event (e.g. relating to a particular actor/artist performance broadcast on a television awards program like the VMA's or Academy Awards). PARTNER may also use the Search & Claim Tool to modify (e.g. change, add or delete) the specific PARTNER Searches at PARTNER's sole discretion. PARTNER may experiment in its sole discretion to optimize the PARTNER Searches. YouTubeiGoogle shall cooperate with PARTNER and use commercially reasonable efforts to work with PARTNER to optimize the PARTNER Searches throughout the Term. YouTube/Google shall run the PARTNER Searches to locate, on PARTNER's behalf, any videos on the Video Service whose title metadata or tag metadata information matches any PARTNER Search ("Text-Search MatCh") for the purpose of identifying videos on the Video Service containing PARTNER content and not captured by the Audio Fingerprinting process. The URLs and corresponding thumbnail images for all of the Text-Search Matches shall be available for review by PARTNER (or its designated agent) through the Search & Claim Tool. PARTNER (or its designated agent) may, but shall not be required to, review the videos located at such URLs to determine and designate whether any such videos include audio content, visual content or both that is PARTNER content. YouTube/Google shall via the Search & Claim Tool enable PARTNER to easily communicate to YouTube/Google that any Text-Search Match contains PARTNER content and shall enable PARTNER to easily make the Election with respect to any such video(s). In the event there is PARTNER content in a video, and PARTNER elects to deSignate such content as "Blocked Content" hereunder, YouTube/Google shall act expeditiously (Le. 97% of the time within two (2) business days or less from receipt of such notification) to remove, or disable access to, the Blocked Content. In the event the PARTNER elects to deSignate such Partner content as licensed for use in connection with the Video Service, the video shall thereafter be deemed to be a User Generated Video under the Agreement and Partner shall be compensated accordingly.

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In the event YouTube/Google's removal of PARTNER content from the Video Service as contemplated hereunder results in a "Counter Notice" from an End User that complies with 17 USC Section 512(g)(3) of the Digital Millennium Copyright Act claiming in good faith that a mistake occurred and the End User in fact has all necessary rights and permissions to upload the applicable video, PARTNER agrees to cooperate in good faith with YouTubeiGoogle to resolve the dispute appropriately. YouTube/Google shall create an audio fingerprint corresponding to each video that PARTNER identifies using the Search & Claim Tool as containing PARTNER content (for which the Fingerprint Vendor does not already have a corresponding audio fingerprint), which audio fingerprint shall be added to the YouTube/Google fingerprint library against which all newly uploaded videos will be compared. Any future Fingerprint Matches for that fingerprint shall be accorded the same status (e.g. Blocked Content or User Generated Video) as PARTNER designated through the Search & Claim Tool described in this section. Video Hashing As part of the YouTube/Google general submission process, each video uploaded to the Video Service shall be compared against a library of hash files stored by YouTube/Google. For any file that has been previously removed from the Video Service at PARTNER's request (because such file contained PARTNER-owned content not authorized for use in connection with the Video Service), additional submissions of an identically hashed file ("Video Match") shall not be made available on the Video Service, unless otherwise agreed by PARTNER in writing. For any file that has been previously deSignated as a UserGenerated Video, additional submissions that are a Video Match will also be deSignated as a User-Generated Video and treated accordingly under the Agreement.
4. Unique Identifiers and Reporting of User-Generated Videos

3.

All User-Generated Videos shall be given a unique identifier that corresponds to the applicable PARTNER content embodied therein, in accordance with a mutually agreed process, which unique identifier shall be reported to PARTNER with all required reporting under this Agreement.

5.

Miscellaneous

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Throughout the term, PARTNER shall not "claim" through the Search & Claim Tool or include on the Blocked Content list any audio recording that PARTNER does not own and/or control.

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To: From:

'David Eun' <[e-mail]> 'Chris Maxcy' <[e-mail]>

Cc:
Bec: Received Date: Subject: 2007-08-01 09:55:32 CST TW Summary - Encoding to H.264

Dave, Here is the summary we discussed today on the H.264 encoding question. Please let me know if this is the format you are looking for. Thanks! Chris

Summary: In an effort to support our strategy of making YouTube available anytime, on any screen, YouTube has been building partnerships with leading mobile carriers, handset manufacturers and CE device manufacturers worldwide. At the same time we've also launched a WAP site so users can access YouTube content from mobile phones. In order to deliver content through the WAP site and through IP connected devices like the Apple TV we made the decision to re-encode YouTube files into the H.264 (MPEG-4) format. This is an industry standard format for mobile delivery. To date the YouTube engineering team has re-encoded approximately 30,000 of the top watched videos onYouTube. The re-encoding process is completely automated - w e look for the most watched content and prioritize this for re-encoding. By October 2007 the goal is to have the entire YouTube video catalog encoded into the H.264 format to support our broad MobileJlPTV efforts. When we license content from a media company or identify & license content through the Content Management System (audio/video fingerprinting, or text search tool) the partner has the option to disable distribution of their content off of the YouTube.com site. This includes blocking content from the YouTube WAP site or from being displayed on the Apple TV/iPhone. Regardless of where consumers access YouTube (website, Apple TV or the WAP site) all content is delivered in a streaming only format - n o downloads are permitted. Content that is removed from the main YouTube site is simultaneously removed from our IPTV and Mobile channels to ensure we protect the rights of content owners.

Chris Maxcy YouTube.com [e-mail]

DATE:

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DEPONENT: MA)! <!-4 ' C~ S CASE: Viacom, et aI., Y. YouTube, et aI., The FOO:all Association Premier League, et aI., Y. YouTube, et ., Case Nos 07-CV-2203 and 07-CV-3582 A. I~acio Howard, CLR, RPR, CSR No. 9830

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:/

o To:: "Bt'lnu Narasimhan'Narasimhan' <[e-mail]>, "Nikesh Arora' · · · · · · · · "Bt1anu [e-mail];:,"NlkeshArora" From From: : "David Eun" .:[e-mail];: "David Eun" <[e-mail]> Cc: "Peter Cf':ane" "Peter Chane' <[e-mail]>, "Hunter Walk" <[e-mail]::>, Cc: [e-mail];;, "Hunter W alk"[e-mail];:, 'Patìick 'Patrick Walker" ~[e-mail];;, "Ethan Anderson' ",[e-mail]::, "David Fischer" <[e-mail]>, "Ethan Anderson' <[e-mail]>, "David Fischer' ..dfischer@googlè.com~, "Dave Eun' ,[e-mail]~, "John Herlihy" <[e-mail]>,"DaveEun' <[e-mail]>,"John Herlihy" ~johnh@gooie,com;:, 'William Kipp"-:[e-mail]:i, "Jennifer'Jennifer Feikin" <:[e-mail];:., 'Susan WojCicki" ~ Kipp" <[e-mail]>, Feikin" "'feikì[e-mail];:, 'Susn WojCiCki" 1 'Nikhil Bhatla' ",r~khl@goo¡ecom;, 'Niklil Bhatia' <r~khi!@google.com> Bcc: Bee: 2006-0$-08 Received 2OQ6-0s-oa 18:25:03 CST Received Date: RE:: Video Ops Update Subject RE Subject

<jOhnh@goog]lle.,co.m.>.'.'iv.vl."i.a.m.

Thanks, Bhanu. Thanks, Bhànu.

Nikesh et al, given the concerns that content owners have about properly Nikesh at al, the concerns screening for ilegal content and our rapIdly íncreasingbase of illegal content and our rapIdly increasing base of screeníng user-submitted content in general, Ii thought it'd be helpful tohave a user-sumitted cotent in genral, tho it'd be helpful to have a clearview onon wr.at affirmative measures her team and her team are taking clear view wrat affirmative measures Bhanu and Bhanu today and what they plan 10day - and What they plan to do going forward.

We mInd We should all keep in mind that as more user-stibmitted content user-submitted increase, our abiiity to screen for copyright infringements will increases, our abiity to screen for copyright iriringements will become increasingly important -- not Just from a partnership standpoint but from increasingly important not Jus from partnership standpoint bu a pure legal standpoint, .At some point, the complaints/concerns we At some a pum legal standpoint. complaints/concems receive could turn into lawsuits ,from deep pocketed content owners,ora receive could turn into lawsuits from deep pocketed content owners, or a classof them. We need to make wre tha.t the tools an capabífltìes we clas of them. We need to make sure that the tools and capabifities we have to fitter content corrtinue to keep pace wiih developments to our have to fitter conten corrinue with developmens Video strategy, as we readjust allccatícns of time and resources acros Video strategy, as we readjust allecations of time and resources across alll the functional areas involved... involved ... al

Dave Dave

From Shanu Narasimhan (mailto:[e-mail]) From:: Bhanu Narasimhan (mailto:[e-mail]] Seni:: Wednesday. March 08, 2000 9: 59 AM Seni Wednesday, March 08, 2006 9: To:: Nikesh Arora To CC: Peter Chane; Huntèr Walk; Patrick Walker; Walker; Ethan Anderson; David CC: Peter Chane; Hunter Welk; Patrick Anderson; Fischer;Dave E E un; John Herlihy; William Kipp Fiscr; Dave un; John Herlihy; William KJpp Subject:: Video Ot.s Update Subject Ot-s

Hi Nikesh, Hi NikesÌl,
As you may already know, I am managing the video cpsteam here in MV, JI As you already know, am managing the video cp learn here in MV. was chattng with Dave Eun yesterday, giving him an overview was chatting wilh Dave Eun yesterday, giving him an overview of our tools and processs, and he mentioned that perhap i could email iools and processes, and he menHoned thaI perhaps! could email you some information on this as well so you have better visibilty some information on this as well so YOUhave better visibility into what we are currntly doing and are for the future. have we are currritly doing and what our plans are for the future. ¡I have

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nc uded highlights below, and am also enclosing some slides that iinclluderhì9hliçihtSbeìO\,andamalso enclosing some slides thatl I shared with Dave a couple of weeks ago thai contain an overview of vi,deo shred with Dave a couple of weeks ago thaj contain an overview of video and video ops. Pf.sefee fre and video ops. Please feel free to emai! me Elny additional questlOns to eiailme any ai:tion questions that you may r.avg, that you may t'iave,
Thanks, Bhanu

Goog!e Video Current State Google

US Product, US Policies Apply US Produc, US Policies Video is currentlyUSl.com productproductretrictIP restrict in china and Video is currently a a USl.com with IP with in china India. We removed IP restrict recenHy in Fr, DE, Korea. Currently our Inda. restrict recenHy in Fr, DE, Kore.Çurrentlyour
team is team is working solely under US policles and appficable copyright laws, solely under US policies and appficable copyright laws, however, we are commìted to honoring the rights of copyright owners committed to honoring the rights of copyright owners however, worldivide. worlmvide.

Content Reviewed in US Only Conent ReViewed in US Ony
gets reVÌ6wed Online standard partner uploaded content currently OnHm an and standard partner uploaded content currently gets revlewed

only sees thumbnails only, no audio. We disapprove only in the US. Our team sees thumbnails only, noaudiQ..We disapprOVe for policy (porn, violence, etc.) or content for poHcy (porn, violence, etc.) or copyright - content that is not reenlzed by reviewer (like boHywoo movies, european shows, etc) is recognlzed by reviewer(!ikeboHywoodmovies, europeanshoW$, etc) is approvable. approvable.

Takedowns Based on DMCA, UseriGoogler input Takedowns Base DMCA, UseriGooler input We rely on content owners sending us DMCA complaints to takedown We rely copyrightt content. We review emails sent to us by users and review copyrigh content. We emaìls sent to us by users an review videos for possiblepolicy violation. videos for poble policy violations. We also have an internal sparrow page that googlers can leverage to We also have an internal sparrow page bring contE:1lt to our attentiOf'l bring contE:1l to ou altenlior (http://W\vw.corp.google.comlsparrow/googievideo/takedown.html#sparrow) (http://wWl.corp.goole.comJsparrow/googlevideo/takedown.html#sparrow) · we review thìs content and takedown if appropriate. We try to notify the this content if We try to notify the we uploader that their content was taken down soon after the iact. We also uploader content was taken fact. give uploaders info on how to COL'litercomplain ifjfthey think they do in give ho to cO\'jr¡ter complain they think they do in fact own copyright to their video, fact own Part i!me OubUn ïearn Fielding Compiaints and Identifying friringing Par Time OubUn Team Fielding Complaints and Identifying fnfringlng Content Content When we removed ¡P restrict in Fr, DE, we also trained arid assigned 3 IP restrict in DE, we also trained arJd assigned 3 When W8 part time resources from th onlinG cp team inin Dublin tohelp iivith part time resurces from the online cps team Dublin to help \!vith u...~r/government complaints so we could provide more speedy resolution. u.~r/government complaints so we could provide more $p resolution. These people work for Bil Kíppand are trained in policy/copyright These work for Bill Kipp and are trained in policy/copyright related ernaHs and takedowns. reiated ernaHs an takedowns.

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We are currently leveraging this part time team to identify infringing currently leveraging this part time team to idenify inlfinging UK/European content in the index UK/European content in the index and asking them to add the URLs to our asking them to add the URLsto sparrowpage. We have just begun taking this content clown. In the sprrow page. just beun taking conten clow. In meantime lM SBC has recently ben seing us DMCA complaints (nearly meantime, ,1M BBC has recently been sending us DMCAcomplaints (nearly 200 vidaos thus far) 200 vidEloSthus far)

Goo!e Video Future Stata Goog!eVideo Future State
Google E nglriering Currently Working on Tools Content Google Video Engineering Currently W orkìng on Tools to Protect Content Ownes Owners
1 Enhanced Google Oprations tools [incremental releases 1)) Enhanced Google Operationstools fincrementai releases over next 4-6 weeks) weeks] lncreased ease lncreased ease of use and accuraoyvia the preseiiation of video meta accuracy via the presentation of video mela data the review procss, highHgrJing unsafe words, using data into the review process, híghlìgrJing of family unsfe words, using intadata to find similar fies live or th have been previously metadata to find similar files already live or thathave been previously removed from GV. GV. Creation of tool to removed fromCreation ofa takedowna takedown tool to speedthe removal of sped the removal problematic videos one they are problematic videos once they are live. Tracking violations by up!oader Tracking violation by uploader to faciltate accouns of seiiai violators. to facilltate closing accounts of senai violators.
2) Technical detecion [next 1·3 months] 2) Technical copyright/duplication file detection(next 1-3 months) Introducng activities Into the review pitJliri which will compare the Introducing activities into the review pipBline which wíl compare the aUdio andor of uploaded fles agains carca! content already audio and/or video of uploaded files against canonicalcontent aiready !ive within GV (or live within GV (or potentially even against premium content not !ive live with inan authoritative compare against). These with GV but inan a.uthoritative DB we can compareagaínst). These reviews wi!! potentially aLltomaticaUy disapprove reviews wil potentially aLltomaticaUy disapprove matches or raise a ralse a flag flag for manuai review. manual

3) 3) Auto-DMCA request tool (first release by EOMj [first EOM] Permissoned wll! videos in the GV UI Permissioned partners will be able to flag video in the GV UL and electrorJcally sumit these in Gon!e as DMCA takedown electrorJcally submit these in batches to Gongleas DMCA lakedowf1 reqsts. requests.
Ful Time Dublin Ops Team Funl Time Dublin Ops Team Upon Localization
When we localíze video and launh inin Europe, we wilihave aa tulltime When we localize launch Europe, we wm have fulltìme team in Dublin (probably one person per language) that wìl handle the team in Dublin person per language) that will handle the f\i1spectrum of videOreviews. emaîls and takedowns. The review tool full spectrum of vide reviews, emails and takedowns. The review tool wil have EuropeanqLlelles so that content uploaded in Europe gets will have European qt.ieL'e so that conen uploaded in Europ reviewed reviewed by Dublin. We are also working with the legal teams to localíze Dublin. are also working with the legal teams to localize our help content and CRs for European laws, and our steps may vary our help content and CRs for European laws,and steps may somewhat from the US. The MV team wi! train the Dublin team an ensure somewhat from the US. The MV team wi!! train the Dublin team and ensure things get off the ground smoothly. things gei the smoothly.

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CODED FIELDS: C O D E D FIELDS: BEGDOC: GOO001-00507525 BEGDOC: GOOOOI-00507525 ENDDOC: GOO00l-00507532 ENDDOC: GOOOOI-00507532 BEGATTACH: 000001-00507525 BEGATTACH: GOOOO 1-00507525 ENDATTACH: 000001-00507532 ENDATTACH: GOOOOI-00507532 RECORDTYPE: E-File RECORDTYPE: E-File CUSTODIAN: Dunton_(Maryrose)-GOONDCEOOOOO 1612 CUSTODIAN: Dunton_(Maryrose)-GOONDCE000001612 DATASETID: GOONDCE000001612 DATASETID: GOONDCE000001612 MASTER DATE: 01/25/2006 MASTER_DATE: 0112512006 SENTON DATE TIME: SENTON_DATE_TIME: CREATE DATE TIME: 01/25/2006:03:20:56 CREATE_DATE_TIME: 01125/2006:03:20:56 LASTMOD DATE TIME: 01/25/2006:03:20:56 LASTMOD_DATE_TIME: 01/25/2006:03 :20:56 RECEIVED DATE TIME: RECENED- DATE- TIME: P A R E N T F O L D E R : HAL-SB-0207\1 Customer\Macintosh HD\Users\maryrose\Lihrary\Application PARENTFOLDER: HAL-SB-0207\1 HD\Users\maryrose\Library\Application Support\Adium 2.0\Users\Default\Logs\AIM.maryrosedunton\tunawarrior-GOONDCEOOOOO 1612 Support\Adium 2.0\Users\Default\LogsltuM.maryrosedunton\tunawarrior-GOONDCE000001612 AUTHOR: AUTHOR: TO: TO: CC: CC: BCC: BCC: SUBJECT_TITLE: tunawarrior (2006-01-24).html SUBJECT_TITLE: tunawarrior (2006-01-24).html ORIGINALSOURCE: ORIGINALSOURCE: NATIVEPATH: NATNEPATH: FILEEXT: html FILEEXT: html FILENAME: tunawarrior (2006-01 -24).html-GOONDCE000001612 FILENAME: tunawarrior (2006-0 1-24).html-GOONDCEOOOOO 1612 FILESIZE:35829 FILESIZE: 35829 MDSHASH: 461e529cf645ec76295 156c819523baf MD5HASH: 461 e529cf645ec76295156c819523haf

DATE: ~. 2.:2_. ~B V~ DATE:~·22·
DEPONENT: DEPONENT:

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CASE: Viacom, et aI., YouTube, etial., The Football CASE: Viacom, et al., v. YouTube, eral., The Football Association Premier League, et aI., YouTube, et aI., Association Premier League, et al., v. YouTube, et al.,
Case Nos. 07-CV-2203 Case Nos. 07-CV-2203 and 07-CV-3582 and 07-CV-3582

'D~~To~ , alt~Ryeose DAtvTOtJ I t..{M-Y(LOS~

A. Ignacio Howard, CLR, RPR, CSR No. 9830 A. Ignacio Howard, CLR, RPR, CSR No. 9830

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12:09:39 AM tunawarrior: 12:09:39 AM tunawarrior:

everyone's talking to us everyone's talking to us

12:10:05 AM maryrosedunton: 12:10:05 AM maryrosedunton:
hah. oh totally. but ya, since the hah. oh totally. but ya, since the team is getting larger and larger, you can't really really team is getting larger and larger, you can't openly admit to that openly admit to that

12:10:21 AM maryrosedunton: AM maryrosedunton:
people freak out people freak out 12:10:24 AM tunawarrior: tunawarrior: 12:10:24 AM if i were were running the show. i'd if running the show, i'd say, we concentrate all of our efforts in building we concentrate up say, all of our efforts in building up our numbers numbers as aggressively as we can through whatever whatever tactics, tactics, our as aggressively as we can through however evil however evil
12:10:30 AM tunawarrior: 12:10:30 AM tunawarrior:

ie, scraping myspace ie, scraping myspace

12:10:33 AM maryrosedunton: 12:10:33 AM maryrosedunton:
ya

ya
12:10:38 AM tunawarrior: 12:10:38 AM tunawarrior:

but just just get user metrics up, but get user metrics up, up, keep scaling out. up, keep scaling out. 12:10:47 AM tunawarrior: 12:10:47 AM tunawarrior:

views views

then months, sell it with 20m views then 3 months, sell it with 20m views per day and like 2m users or per day and like 2m users or somethihng. somethihng. 12:10:57 AM tunawarrior: 12:10:57 AM tunawarrior:

because my fear is, in 3 months. because my fear is, in months. 12:11:02 AM tunawarrior: 12:11 :02 AM tunawarrior: to keep up with this growth. keep up with to this growth. 12:11:05 AM tunawarrior: 12: 11 :05 AM tunawarrior: things are going to get so out of things are going to get so out of control. control.
12:11:14 AM tunawarrior: 12:11:14 AM tunawarrior:

we're going to be pushing like 10% we're going to be pushing like 10% of the traffic that google pushes or of the traffic that google pushes or something. something.
12:11:20 AM tunawarrior: 12:11 :20 AM tunawarrior:

with 1/1000th the budget. with 1/1000th the budget.

12:11 :24 AM maryrosedunton: 12:11:24 AM maryrosedunton:
blah blah

12:11:37 AM tunawarrior: 12:11 :37 AM tunawarrior:
hahaha

hahaha
12:11:39 AM tunawarrior: 12:11:39 AM tunawarrior:
that mean what's that blah blah mean

what's

12:11:46 AM tunawarrior: 12: 11 :46 AM tunawarrior:

think i'm pessimistic? pessimistic? think i'm

12:12:02 AM maryrosedunton: 12:12:02
hah ... just mean that's a hah...oh oh no, I just no, mean that's crazy amount of traffic crazy amount of traffic 12:12:06 AM tunawarrior: 12:12:06 AM tunawarrior:
between between see, think we can sell for somewhere see, i think we can sell for somewhere $250m $500m. $250m - $ 5 0 0 m .

12:12:08 AM tunawarrior: 12:12:08 AM tunawarrior:

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in the next 3 months. i n the next 3 months.

12:12:16 AM tunawarrior: 12:12:16 AM tunawarrior:

and there *is* a potential to get and there *is* potential to get to Slb or something. to $ib or something.
12:12:28 AM tunawarrior: 12:12:28 AM tunawarrior:

but, man, that's going to take like man, that's but, going to take like 2 years years of hard work and probably dilution and of hard work and probably dilution and getting another round of funding. getting another round of funding.

12:12:29 AM maryrosedunton: 12:12:29 AM maryrosedunton:
and honestly, honestly, I can't imagine we and can't imagine we could make enough just just in advertising to cover could make enough in advertising to cover operating costs for something that large operating costs for something that large
12:13:56 AM tunawarrior: 12:13:56 AM tunawarrior:

ya, none of these internet companies none of these ya, internet companies that get a lot of traffic with a revenue that get lot of traffic with revenue model based based on purely advertising make that much money. much money. model on purely advertising make that 12:14:02 AM tunawarrior: tunawarrior: 12:14:02 AM
myspace

thinking like friendster and even thinking like friendster and even myspace
12:14:20 AM tunawarrior: 12:14:20 AM tunawarrior:

i think it has to be a more unique think it has to be more unique model model
12:14:25 AM tunawarrior: 12:14:25 AM tunawarrior:

like google's is unique to google like google's is unique to google
12:14:38 AM tunawarrior: 12:14:38 AM tunawarrior:

i *think* we can try to pull off *think* we can try to pull off something like that but still highly risky something like that but still highly risky

12:14:54 AM maryrosedunton: 12:14:54 AM maryrosedunton:
and a lot of time, and a lot and lot of time, and lot of of work. work.
12:16:14 AM tunawarrior: 12:16:14 AM tunawarrior:

ya, ya,

hmm we're beating beating friendster nowadays hmm we're friendster nowadays
in traffic in traffic

12:18:04 AM maryrosedunton: 12:18:04 AM maryrosedunton:
nice. hrm, but you know, i still but you know, nice. hrm, still think to make us attractive to someone purchasing think to make us attractive to someone purchasing us, we've we've got to really build up users us, got to really build up users 12:18:39 AM tunawarrior: 12:18:39 AM tunawarrior: agreed agreed
12:18:52 AM tunawarrior: 12:18:52 AM tunawarrior:
and retention and user user retention

12:19:05 AM tunawarrior: 12:19:05 AM tunawarrior:
to

in ways other than just just returning in ways other than returning more videos to watch watch more videos

12:19:26 AM maryrosedunton: 12:19:26 AM maryrosedunton:
yup. the views are awesome. but yup. the views are awesome. but I don't know how much that's really worth to don't knowhow much that's really worth to someone at the end of the day someone at the end of the day

.:

12:20:14 AM maryrosedunton: 12:20:14 AM maryrosedunton:
oh shit. we passed passed flickr too oh shit, flicks too
12:20:16 AM tunawarrior: 12:20:16 AM tunawarrior:

oh i personally personally think it's still oh think it's still highly valuable highly valuable
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12:20:18 AM tunawarrior: 12:20:18 AM tunawarrior:
but but

12:20:30 AM tunawarrior: 12:20:30 AM tunawarrior:

i think there are some easy things think there are some easy things we can do for the next 3 months we can do for the next 3 months
12:20:33 AM tunawarrior: 12:20:33 AM tunawarrior:
that will make us worth a lot more that will make us worth a lot more

12:20:37 AM tunawarrior: 12:20:37 AM tunawarrior:

using the huge # of uunique visitors using the huge of uunique visitors

12:20:42 AM tunawarrior: 12:20:42 AM tunawarrior: as a foundation to build from as a foundation to build from 12:21:37 AM maryrosedunton: 12:21:37 AM maryrosedunton: right. I'm actually pleased with right. I'm actually pleased with the groups stuff, I wasn't sure how that would would the groups stuff, wasn't sure how that do do
12:21:45 AM tunawarrior: 12:21:45 AM tunawarrior:
oh love it oh i love it

i

12:22:00 AM tunawarrior: 12:22:00 AM tunawarrior:

i didn't really take a look at it didn't really take look at it much pre-push pre-push except in passing on the QA much except in passing on the playground playground
12:22:04 AM tunawarrior: 12:22:04 AM tunawarrior:

but i'm happy that people are using but i'm happy that people are using
it it

12:22:10 AM maryrosedunton: 12:22:10 AM maryrosedunton:
ya, totally ya, totally 12:22:11 AM tunawarrior: 12:22:11 AM tunawarrior: tthe profile profile stuff will be cool too tthe stuff will be cool too

12:22:30 AM maryrosedunton: 12:22:30 maryrosedunton:
agreed. oh, did you see my email agreed. oh, did you see my email about the blog blog stuff. I do think Mike has a about the stuff. do think Mike has good point point actually good actually

12:22:51 AM maryrosedunton: AM maryrosedunton:
and if we want to reinvent and wonder wonder if we want to reinvent the with all that stuff? the wheel wheel with all that stuff?

12:22:55 AM maryrosedunton: 12:22:55 AM maryrosedunton:
(the blog blog stuff) (the stuff)
12:23:04 AM tunawarrior: 12:23:04 AM tunawarrior:
hmm hmm

12:23:09 AM tunawarrior: 12:23:09 AM tunawarrior:

the only point point that i'd contend with the only that i'd contend with
is is

12:23:14 AM tunawarrior: 12:23:14 AM tunawarrior:

for every person person using the blog functionality for every using the blog functionality
12:23:19 AM tunawarrior: 12 :23: 19 AM tunawarrior: '

we'd be getting we'd be getting more user generated more user generated content content
12:23:27 AM tunawarrior: 12:23:27 AM tunawarrior: i

and that person person will want others and that will want others to read read it, so on, that cycle to it, so on, that cycle

12:24:21 AM maryrosedunton: maryrosedunton:
right, right, but I but wonder if we would gain wonder if we would gain
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m o r users from integrating with livejournal, more e users from integrating with livejournal, instead of trying to duplicate them? instead of trying to duplicate them?
12:24:43 AM tunawarrior: 12:24:43 AM tunawarrior:

right, right, but the but the content content minutes minutes 12:25:08 12:25:08
hm

ya i see that point too ya see that point too bulk of the user generated bulk of the user generated that these guys are spending 30+ that these guys are spending 30+ to write each day to write each day AM tunawarrior: AM tunawarrior:

12:25:04 AM tunawarrior: 12:25:04 AM tunawarrior:

is going to be hosted elsewhere, is going to be hosted elsewhere, hm
12:25:13 AM tunawarrior: 12:25:13 AM tunawarrior:

well, i can go either way well, can go either way 12:25:16 AM tunawarrior: 12:25:16 AM tunawarrior: if it can get us to market faster if it can get us to market faster
12:25:30 AM tunawarrior: 12:25:30 AM tunawarrior:

i really really like the whole dropdown like the whole dropdown to integrate address book thing to integrate address book thing
12:25:55 AM tunawarrior: 12:25:55 AM tunawarrior:

wondering if we can put rizzo on wondering if we can put rizzo on like like
12:26:04 AM tunawarrior: 12:26:04 AM tunawarrior:

permanent, permanent,

small-features, going small-features, going out week. out next next week.
12:26:11 AM tunawarrior: 12:26:11 AM tunawarrior:

and he'll always be working on the and he'll always be working on the live live branch. branch.

12:26:28 AM rnaryrosedunton: 12:26:28 AM maryrosedunton:
oh probably. oh probably. 12:26:51 AM rnaryrosedunton: 12:26:51 AM maryrosedunton: hrm. the premium premium content provider hrm. the content provider stuff though, do we want that going out on on stuff though, do we want that going out the live the live branch? branch? 12:26:58 AM rnaryrosedunton: 12:26:58 AM maryrosedunton: that's on rizzo's plate that's rizzo's plate
12:27:03 AM tunawarrior: 12:27:03 AM tunawarrior:

hm it's pretty big, hm it's pretty big,

isn't it? isn't it?

12:27:31 AM rnaryrosedunton: AM maryrosedunton:
actually, the flow isn't really all actually, the flow isn't really all that complicated. it's just just rizzo needs to figure out to figure that complicated. it's rizzo needs out how to deal how to deal with the images. with the images.
12:27:46 AM tunawarrior: 12:27:46 AM tunawarrior:

ah right. ah right.

12:27:47 AM rnaryrosedunton: 12:27:47 AM maryrosedunton:
allowing users users to upload images for allowing to upload images for their watch pages and profile their watch pages and profile

f

12:28:12 AM tunawarrior: 12:28:12 AM tunawarrior:
ya big problems to tackle seeing ya big problems to tackle seeing as how we're already having so much trouble as how we're already having so much trouble serving out the images on our current machines. serving out the images on our current machines.
12:28:19 AM tunawarrior: 12:28:19 AM tunawarrior:

ji

it's funny how we have no problems it's funny how we have no problems serving out videos serving out videos
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<div claSS="receive"><span class="timestamp"> 12:07:34 AM</span> <span class="sender">tunawarrior: </span><pre class="message">man, we better start making some revenue soon<lpre><ldiv> <div class="send"><span class="timestamp">12:08:05 AM<lspan> <span class="sender">maryrosedunton: </span><pre claSS='message">ya? how bad are things?<lpre><ldiv> <div class="receive"><span class='timestamp"> 12:08:23 AM<lspan> <span class="sender">tunawarrior: <lspan><pre class='message">not too bad but they will get bad as soon as we start doing everything to scale ouk/pre><ldiv> <div class="send"><span class="timestamp">12:08:30 AM</span> <span claSS="sender">maryrosedunton: </span><pre class='message">oh right<lpre><ldiv> <div class="receive"><span class='timestamp"> 12:08:40 AM<lspan> <span class="sender">tunawarrior: <lspan><pre class='message">building out our own data center, cdn, serverbeach. and to keep up the growth. </pre><ldiv> <div claSS="receive"><span class='timestamp">12:08:43 AM</span> <span class="sender">tunawarrior: </span><pre class="message">oh let me see how we did yesterday.<lpre><ldiv> <div claSS="receive"><span class='timestamp'>12:08:59 AM<lspan> <span class="sender">tunawarrior: </span><pre class='message">my sort of opinion is that.<lpre><ldiv> <div claSS="receive"><span class='timestamp"> 12:09:02 AM<lspan> <span class="sender">tunawarrior: </span><pre class='message">we should sell this thing in 3 months.<lpre><ldiv> <div claSS="receive"><span class='timestamp"> 12:09:04 AM<lspan> <span class="sender">tunawarrior: <lspan><pre class="message"> ... <lpre><ldiv> <div class="send"><span clags;;"timestamp"> 12:09:15 AM<lspan> <span clags;;"sender">maryrosedunton: <lspan><pre class='message">haha ... but 'we're not for sale' :-P<lpre><ldiv> <div claSS="receive"><span class='timestamp"> 12:09:31 AM<lspan> <span class="sender">tunawarrior: <lspan><pre clags;;'message">ya i told chad that we should consider it<lpre><ldiv> <div claSS="receive"><span class='timestamp"> 12:09:37 AM<lspan> <span class="sender">tunawarrior: <lspan><pre class='message">i mean, microsoft, google, yahoo<lpre><ldiv> <div class="receive"><span class='timestamp"> 12:09:39 AM</span> <span class="sender">tunawarrior: <lspan><pre class='message">everyone's talking to us<lpre><ldiv> <div class="send"><span class="timestamp"> 12: 10:05 AM<lspan> <span claSS="sender">maryrosedunton: <lspan><pre class="message">hah. oh totally. but ya, since the team is getting larger and larger, you can't really openly admit to thak/pre><ldiv> <div class="send"><span class="timestamp"> 12: 10:21 AM<lspan> <span class="sender">maryrosedunton: </span><pre class="message">people freak out <lpre><ldiv> <div class="receive"><span class='timestamp"> 12: 10:24 AM<lspan> <span class="sender">tunawarrior: <lspan><pre class='message">if i were running the show. i'd say, we concentrate all of our efforts in building up our numbers as aggressively as we can through whatever tactics, however evil<lpre><ldiv> <div claSS="receive"><span class='timestamp"> 12: 10:30 AM<lspan> <span class="sender">tunawarrior: </span><pre class='message">ie, scraping myspace<lpre><ldiv> <div class="send"><span class="timestamp"> 12: 10:33 AM<lspan> <span claSS="sender">maryrosedunton: <lspan><pre class='message">ya<lpre><ldiv> <div clags;;"receive"><span class='timestamp"> 12: 10: 38 AM<lspan> <span class="sender">tunawarrior: </span><pre class='message">but just get user metrics up, views up, keep scaling out. <lpre><ldiv> <div claSS="receive"><span class="timestamp"> 12: 10:47 AM<lspan> <span class="sender">tunawarrior: </span><pre class='message">then 3 months, sell it with 20m views per day and like 2m users or somethihng. <lpre><ldiv> <div class="receive"><span class="timestamp"> 12:10:57 AM<lspan> <span class="sender">tunawarrior: </span><pre clags;;'message">because my fear is, in 3 months.<lpre><ldiv> <div claSS="receive"><span class="timestamp"> 12: 11 :02 AM<lspan> <span class="sender">tunawarrior: <lspan><pre class="message">to keep up with this growth. <lpre><ldiv> <div clags;;"receive"><span class='timestamp">12: 11 :05 AM<lspan> <span clags;;"sender">tunawarrior: </span><pre class="message">things are going to get so out of control.<lpre><ldiv> <div class="receive"><span class='timestamp"> 12: 11: 14 AM<lspan> <span class="sender">tunawarrior: <lspan><pre clags;;'message">we're going to be pushing like 10% of the traffic that google pushes or something. </pre></div> <div claSS="receive"><span class="timestamp"> 12: 11 :20 AM<lspan> <span class="sender">tunawarrior: </span><pre clags;;'message">with 1/1 OOath the budget. <lpre><ldiv> <div class="send"><span class="timestamp"> 12: 11 :24 AM<lspan> <span class="sender">maryrosedunton: </span><pre class="message">blah</pre></div>

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<div claSS="receive"><span class="timestamp"> 12: 11 :37 AM</span> <span class="sender">tunawarrior: </span><pre class="message">hahaha<lpre><Iqiv> <div claSS="receive"><span class=Utimestamp">12:11 :39 AM</span> <span class="sender">tunawarrior: </span><pre class="message">what's that blah mean<lpre><Idiv> <div class="receive"><span claSS="timestamp"> 12: 11 :46 AM<lspan> <span class="sender">tunawarrior: </span><pre class="message">think i'm pessimistic?<Ipre><Idiv> <div claSS="send"><span class="timestamp"> 12: 12:02 AM</span> <span class="sender">maryrosedunton: </span><pre class="message">hah ... oh no, I just mean that's a crazy amount of traffic</pre></div> <div claSS="receive"><span class="timestamp"> 12: 12: 06 AM<lspan> <span class="sender">tunawarrior: </span><pre class="message">see, i think we can sell for somewhere between $250m - $ 5 0 0 m . < / p r e > < I d i v > <div class="receive"><span class='timestamp"> 12: 12:08 AM<lspan> <span class="sender">tunawarrior: </span><pre class='message">in the next 3 months.<Ipre><Idiv> <div claSS="receive"><span class='timestamp"> 12: 12: 16 AM</span> <span class="sender">tunawarrior: </span><pre class="message">and there "is" a potential to get to $1 b or something. <Ipre><Idiv> <div claSS="receive"><span class="timestamp"> 12: 12:28 AM</span> <span class="sender">tunawarrior: </span><pre class='message">but, man, that's going to take like 2 years of hard work and probably dilution and getting another round of funding.<Ipre><Idiv> <div claSS="send"><span class="timestamp"> 12:12:29 AM<lspan> <span class="sender">maryrosedunton: </span><pre class="message">and honestly, I can't imagine we could make enough just in advertising to cover operating costs for something that large<lpre><Idiv> <div class="receive"><span class="timestamp">12:13:56 AM<lspan> <span class="sender">tunawarrior: </span><pre claSS='message">ya, none of these internet companies that get a lot of traffic with a revenue model based on purely advertising make that much money.<Ipre><Idiv> <div class="receive"><span class='timestamp"> 12: 14:02 AM<lspan> <span class="sender">tunawarrior: <Ispan><pre class=nmessage">thinking like friendster and even myspace<lpre><Idiv> <div claSS="receive"><span class=Utimestamp"> 12: 14:20 AM<lspan> <span class="sender">tunawarrior: <Ispan><pre class="message">i think it has to be a more unique model <Ipre><Idiv> <div claSS="receive"><span class='timestamp">12:14:25 AM<lspan> <span class="sender">tunawarrior: </span><pre class="message">like google's is unique to google<lpre><Idiv> <div claSS="receive"><span class="timestamp"> 12: 14:38 AM<lspan> <span class="sender">tunawarrior: </span><pre class="message">i "think" we can try to pull off something like that but still highly risky</pre></div> <div class="send"><span class="timestamp">12:14:54 AM<lspan> <span claSS="sender">maryrosedunton: <Ispan><pre class="message">ya, and a lot of time, and a lot of work. <Ipre><Idiv> <div class="receive"><span class=Atimestamp"> 12: 16: 14 AM<lspan> <span class="sender">tunawarrior: </span><pre class="message">hmm we're beating friendster nowadays in traffic<lpre><Idiv> <div class="send"><span class="timestamp">12:18:04 AM<lspan> <span claSS="sender">maryrosedunton: </span><pre claSS="message">nice. hrm, but you know, i still think to make us attractive to someone purchasing us, we've got to really build up users</pre></div> <div class="receive"><span class='timestamp"> 12: 18:39 AM<lspan> <span class="sender">tunawarrior: <Ispan><pre class=umessage">agreed<lpre><Idiv> <div class="receive"><span class="timestamp"> 12:18:52 AM</span> <span class="sender">tunawarrior: <Ispan><pre class="message">and user retention<lpre><Idiv> <div class="receive"><span class="timestamp"> 12: 19:05 AM<lspan> <span class="sender">tunawarrior: <Ispan><pre class="message">in ways other than just returning to watch more videos<lpre></div> <div class="send"><span class="timestamp"> 12: 19:26 AM<lspan> <span claSS="sender">maryrosedunton: <Ispan><pre claSS='message">yup. the views are awesome. but I don't know how much that's really worth to someone at the end of the day<lpre><Idiv> <div class="send"><span class="timestamp"> 12:20: 14 AM<lspan> <span class="sender">maryrosedunton: <Ispan><pre class="message">oh shit. we passed flickr too<lpre><Idiv> <div claSS="receive"><span class="timestamp"> 12:20: 16 AM<lspan> <span class="sender">tunawarrior: </span><pre class='message">oh i personally think it's still highly valuable</pre><Idiv> <div class="receive"><span class="timestamp"> 12:20: 18 AM</span> <span class="sender">tunawarrior: </span><pre claSS="message">but<lpre><Idiv> <div claSS="receive"><span class="timestamp">12:20:30 AM<lspan> <span class="sender">tunawarrior: </span><pre class="message">i think there are some easy things we can do for the next 3 months</pre></div> <div class="receive"><span class="timestamp">12:20:33 AM<lspan> <span class="sender">tunawarrior: </span><pre class='message">that will make us worth a lot more<lpre><Idiv> <div class="receive"><span class="timestamp">12:20:37 AM<lspan> <span class="sender">tunawarrior:

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</span><pre claSS='message">using the huge # of uunique visitors<lpre><ldiv> <div claSS="receive"><span claSS="timestamp"> 12:20:42 AM<lspan> <span class=OIsender">tunawarrlor: <lspan><pre claSS='messageOl>as a foundation to build from<lpre></div> <div class="send"><span class="timestamp"> 12:21 :37 AM</span> <span claSS="sender">maryrosedunton: </span><pre class="message">right. I'm actually pleased with the groups stuff, I wasn't sure how that would do<lpre><ldiv> <div class="receive"><span class='timestamp">12:21 :45 AM<lspan> <span class="sender">tunawarrior: </span><pre class="message">oh i love ik/pre></div> Ol <div claSS="receive"><span class='timestamp"> 12:22:00 AM<lspan> <span class=OIsender >tunawarrior: </span><pre class="messageOl>i didn't really take a look at it much pre-push except in passing on the QA playground<lpre><ldiv> <div class="receive"><span class='timestamp">12:22:04 AM<lspan> <span class=OIsender">tunawarrior: </span><pre class='message">but i'm happy that people are using ik/pre></div> <div claSS="send"><span class="timestamp"> 12:22: 10 AM<lspan> <span class="sender">maryrosedunton: </span><pre class='message">ya, totally<lpre><ldiv> <div class="receive"><span class='timestamp"> 12:22: 11 AM<lspan> <span class="sender">tunawarrior: </span><pre class='message">tthe profile stuff will be cool too<lpre><ldiv> <div claSS="send"><span class="timestamp"> 12:22:30 AM<lspan> <span claSS="sender">maryrosedunton: <lspan><pre claSS='message">agreed. oh, did you see my email about the blog stuff. I do think Mike has a good point actually<lpre><ldiv> <div claSS="send"><span class="timestamp"> 12:22:51 AM<lspan> <span claSS="sender">maryrosedunton: <lspan><pre claSS='message">and wonder if we want to reinvent the wheel with all that stuff?<lpre><ldiv> <div class="sendOl><span class="timestamp"> 12:22:55 AM<lspan> <span claSS="sender">maryrosedunton: </span><pre class="message">(the blog stuff)<lpre></div> <div class="receive"><span class='timestampOl> 12:23:04 AM<lspan> <span class="sender">tunawarrior: </span><pre class="message">hmm<lpre><ldiv> <div claSS="receive"><span class="timestamp"> 12:23:09 AM<lspan> <span class=OIsender">tunawarrior: </span><pre class='message">the only point that i'd contend with is<lpre><ldiv> <div class="receive"><span class="timestampOl>12:23: 14 AM<lspan> <span class="sender">tunawarrior: </span><pre class='message">for every person using the blog functionality<lpre><ldiv> <div claSS="receive"><span class="timestamp"> 12:23: 19 AM<lspan> <span class="senderOl>tunawarrior: </span><pre class='message">we'd be getting more user generated content<lpre><ldiv> <div claSS="receive"><span class="timestamp"> 12:23:27 AM<lspan> <span class="sender">tunawarrior: </span><pre class="message">and that person will want others to read it, so on, that cycle<lpre><ldiv> <div class="send"><span claSS="timestamp">12:24:21 AM</span> <span class="sender">maryrosedunton: <lspan><pre claSS='message">right, but I wonder if we would gain more users from integrating with livejournal, instead of trying to duplicate them? <lpre></div> <div claSS="receive"><span class='timestamp"> 12:24:43 AM<lspan> <span class="sender">tunawarrior: <lspan><pre class="message">right, ya i see that point too<lpre><ldiv> <div claSS="receive"><span class;:'timestamp"> 12:25:04 AM<lspan> <span class="sender">tunawarrior: <lspan><pre class='message">but the bulk of the user generated content that these guys are spending 30+ minutes to write each day<lpre><ldiv> <div claSS;:"receive"><span class='timestamp"> 12:25:08 AM<lspan> <span class="sender">tunawarrior: <lspan><pre class="message">is going to be hosted elsewhere, hm<lpre><ldiv> <div claSS;:"receive"><span claSS='timestamp"> 12:25: 13 AM<lspan> <span claSS="sender">tunawarrior: </span><pre claSS='message">well, i can go either way<lpre></div> <div claSS="receive"><span class='timestamp">12:25:16 AM<lspan> <span class="sender">tunawarrior: </span><pre class='message">if it can get us to market faster<lpre><ldiv> <div claSS;:"receive"><span class='timestamp"> 12:25:30 AM<lspan> <span class;:"sender">tunawarrior: </span><pre class="message">i really like the whole dropdown to integrate address book thing<lpre></div> <div claSS;:"receive"><span class="timestamp"> 12:25:55 AM<lspan> <span claSS="sender">tunawarrior: <lspan><pre claSS='message">wondering if we can put rizzo on like<lpre><ldiv> <div class="receive"><span class='timestamp">12:26:04 AM<lspan> <span class="sender">tunawarrior: </span><pre class="message">permanent, small-features, going out next week.</pre><ldiv> <div claSS;:"receive"><span claSS='timestamp"> 12:26: 11 AM</span> <span class="sender">tunawarrior: </span><pre class='message">and he'll always be working on the live branch.</pre></div> <div class="send"><span class="timestamp"> 12:26:28 AM<lspan> <span class="sender">maryrosedunton: <lspan><pre class;:"message">oh probably. <lpre><ldiv>

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`r>I.A.NTO ~J, ~h~Aa)cRoSE UP\Tr6~ ~ CASE: Viacom, et aI., v. YouTube, et aI., The Football YouTube, al., The Football CASE: Viacom, al., Association Premier League, et aI., v. YouTube, et aI., al., ct al., Case Nos. 07-CV-2203 and 07-CV-3582 Case Nos. 07-CV-2203 and 07-CV-3582 A. Ignacio Howard, CLR, RPR, CSR No. 9830

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Case 1:07-cv-02103-LLS Document 214-33 Filed 03/18/10 Page 2 of 8

h a h god, hah. . god,

I still keep 1/2 expecting still keep 1/2 expecting us to hit a ceiling ... to plateau - b u t it doesn't us to hit ceiling...to plateau but it doesn't seem like it's going to happen seem like it's going to happen
12:21:37 AM tunawarrior: 12:21:37 AM tunawarrior:

i have been have been thinking a little differently thinking little differently about it. i was thinking, maybe we're doing about it. was thinking, maybe we're doing so well that we may we may so well on all the ran kings and registrations is that on all the rankings and registrations is be fundamentally be fundamentally different from all these other different from all these other websites, as in. websites, as in.
12:21:46 AM tunawarrior: 12:21:46 AM tunawarrior:

we don't we don't really provide a service really provide service like ebay/google/craigslist like ebay/google/craigslist
12:22:18 AM tunawarrior: 12:22:18 AM tunawarrior:
but but we're the we're the first mass entertainment first mass entertainment

thing accessible through the internet. thing accessible through the internet. uhm, like we're some kind of convergence thing thing between between tv/internet. tv/internet. uhm, like we're some kind of convergence

12:22:53 AM maryrosedunton: 12:22:53 AM maryrosedunton:
yup. I spent like an two hours today yup. I spent like an two hours today just zoned out watching videos just zoned out watching videos 12:23:05 AM tunawarrior: 12:23:05 AM tunawarrior:
minutes

dude, watch your email in about 2 dude, watch your email in about minutes
12:23:07 AM tunawarrior: 12:23:07 AM tunawarrior:

these numbers numbers are amazing these are amazing 12:23:08 AM tunawarrior: 12:23:08 AM tunawarrior: today today

12:23:14 AM maryrosedunton: 12:23:14 AM maryrosedunton:
hah...cool.

hah ... cool.

12:24:13 AM maryrosedunton: 12:24:13 AM maryrosedunton:
oh, I totally agree on the convergence oh, totally agree on the convergence thing - i t sounds sort of dorky, but I really thing it sounds sort of dorky, but really do think we're revolutionizing entertainment do think we're revolutionizing entertainment

12:24:39 AM maryrosedunton: 12:24:39 maryrosedunton:
I run into more and more random people run into more and more random people who are huge who are huge fans of ours fans of ours
12:24:51 AM tunawarrior: 12:24:51 AM tunawarrior:

oh, exactly. re: revolutionizing oh, exactly. re: revolutionizing entertainment entertainment
12:25:04 AM tunawarrior: 12:25:04 AM tunawarrior:

haha, it does sound dorky but i think haha, it does sound dorky but think it has just has just been been over-used by other it over-used by other companies who have attempted to do it. companies who have attempted to do it.

12:26:20 AM maryrosedunton: 12:26:20 AM maryrosedunton:
totally. oh man, powers was telling totally. oh man, powers was telling me about all this cool collaborative me about all this cool collaborative filtering/recommendations stuff he built for slide - a n d it's filtering/recommendations stuff he built for slide and it's never been used. the right never been used. max doesn't think that's the right doesn't think that's direction for the product or something. direction for the product or something.
12:26:40 AM tunawarrior: 12:26:40 AM tunawarrior:

ya, ya,

F

right, i was sort of thinking. like right, was sort of thinking, like while it's awesome that we're kicking ass on on while it's awesome that we're kicking ass alexa and we're rising on the charts. alexa and we're rising on the charts.

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hah hah

12:26:59 AM tunawarrior: 12:26:59 AM tunawarrior:

but i think we're bigger than the but think we're bigger than the internet, that we should be comparing ourselves internet, that we should be comparing ourselves to, say, abc/fox/whatever. to, say, abc/fox/whatever.

12:27:00 AM maryrosedunton: 12:27:00 maryrosedunton:
I like the steve mike thing you put like the steve mike thing you put in there in there

12:27:40 AM maryrosedunton: 12:27:40 maryrosedunton:
f-ing a. look at the numbers from f-ing a. look at the numbers from 2/1 to 2/1 to now now
12:27:52 AM tunawarrior: 12:27:52 AM tunawarrior:

ya ya
12:27:55 AM tunawarrior: 12:27:55 AM tunawarrior:
like a 150% increase like a 150% increase

12:27:59 AM tunawarrior: 12:27:59 AM tunawarrior:
and! i and! !

12:28:06 AM tunawarrior: 12:28:06 AM tunawarrior:

the thing is, the thing is,
have have never never

still, a ton of people still, ton of people heard of us. heard of us.

12:28:20 AM tunawarrior: 12:28:20 AM tunawarrior:

if we can keep up the scaling and we can keep up the if scaling and make some revenue make some revenue

12:28:44 AM maryrosedunton: 12:28:44 maryrosedunton:
oh, I know, although I meet more oh, know, although meet more and more people and more people who have heard of us who have heard of us now now
12:28:49 AM tunawarrior: 12:28:49 AM tunawarrior:

who wouldn't use us? potentially who wouldn't use us? potentially better entertainment than cable and better entertainment than cable and have to pay for it, you can talk to have to pay for it, you can talk to can create your own channels, so on can create your own channels, so on
on. on.

you don't you don't other users users about it, you you other about it, so so

12:29:29 AM maryrosedunton: 12:29:29 AM maryrosedunton:
yup. registrations doubled this month, doubled this month, yup. registrations but I still feel like we're lacking but still feel like we're lacking
there there

12:29:51 AM tunawarrior: 12:29:51 AM tunawarrior:

hahaha. it's a little funny, being hahaha. it's little funny, being in the product product side of youtube, isn't in the side of youtube, isn't
it? it? 12:29:59 AM tunawarrior: 12:29:59 AM tunawarrior: it's like, you have to look at these it's like, you have to look at these charts and numbers and see where we can charts and numbers and see where we can improve improve

12:30:03 AM tunawarrior: 12:30:03 AM tunawarrior:

I:

when this is like unprecedented growth when this is like unprecedented growth
12:30:04 AM tunawarrior: 12:30:04 AM tunawarrior:

for any company for any company

12:30:19 AM maryrosedunton: 12:30:19 maryrosedunton:
hah. ya, totally. you still have ya, totally. hah. you still have to always to always focus on where we can do focus on where we can do
better better

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12:37:26 AM maryrosedunton: 12:37:26 AM maryrosedunton:
oh, so by the way, after our discussion our discussion oh, so by the way, after on friday, I did a little did little exercise exercise on friday on friday on friday, and went through all all the most viewed/most the most viewed/most dicussed/top dicussed/top favorites/top favorites/top and went through rated to try to try and figure and figure out what percentage out what percentage rated is or has copyrighted material, material. it was over 70% it was over is or has copyrighted

12:38:55 AM maryrosedunton: 12:38:55 AM maryrosedunton:
hah.

hah. shit, shit. never never mind mind
12:39:12 12:39:12 AM tunawarrior: AM tunawarrior:
i'

hahaha hahaha

12:39:21 12:39:21 AM tunawarrior: AM tunawarrior:

maryrose, maryrose,

you're fired. fired. you're

12:39:43 AM maryrosedunton: 12:39:43 AM maryrosedunton:
oh, what what I meant I meant to say is after to say is after oh, I found that that 70%, I went 70%, I went and flagged and flagged it all all for for I found it
review

review
12:39:57 12:39:57 AM tunawarrior: AM tunawarrior:
of

oh!

oh!

of course. course.

12:40:36 AM maryrosedunton: 12:40:36 AM maryrosedunton:
because we've we've got to work towards got to