Viacom International, Inc. v. Youtube, Inc.

Filing 124

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. [165096] [10-3270]

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MS. KOHLMANN: You can answer. THE WITNESS:

Objection as to form.

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For the film Transformers we

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uploaded the official approved trailer to YouTube. BY MR. VOLKMER: Q. Did you upload any other materials besides

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the official trailer to YouTube?

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A.

We always only upload approved materials

that have been routed through the marketing executives, talent and filmmakers VIA approved upload account. MR. VOLKMER: as nonresponsive. Q. Did you upload any other materials besides Move to restrike the response

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the official trailer to YouTube with respect to the Transformers promotional campaign? MS. KOHLMANN: You can answer. THE WITNESS: For Transformers 2, which is Objection.

the film I was referencing, we uploaded the official trailer and the official approved clips from the EPK. BY MR. VOLKMER:

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Q.

What about for the original Transformers

movie, did Paramount's interactive marketing department engage in any viral marketing of that film

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

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using YouTube? A. Q. I don't recall. How long ago did Paramount upload the

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Transformers 2 trailer to YouTube? A. this year. Q. The Transformers 2 final trailer was earlier I don't recall specifically. So Paramount's interactive marketing

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department has continued to use You Tube for promotional purposes after this lawsuit was filed; that correct? MS. KOHLMANN: You can answer. THE WITNESS: please. BY MR. VOLKMER: Q. Sure. Paramount's interactive marketing Can you repeat the question, Objection as to form. is

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department has continued to use YouTube for promotional purposes after this lawsuit was filed; that correct? A. We use YouTube as we do any other website is

that we're in business with, which is to upload approved materials for the marketing of our films. Q. Right. And my question was, did Paramount's

interactive marketing department continue to use You Tube for promotional purposes after this lawsuit

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

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was filed? MS. KOHLMANN: answered. You can answer. THE WITNESS: As I said, YouTube is one of Objection; asked and

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many websites that we use to market our films with approved materials. BY MR. VOLKMER: Q. That doesn't respond to the question though. did

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The question was, after this lawsuit was filed, Paramount continue to use YouTube to promote its films? MS. KOHLMANN:

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Objection; asked and answered

and getting argumentative. You can answer. THE WITNESS: We use YouTube to upload

approved marketing materials as we do any other website that we're in business with. BY MR. VOLKMER: Q. And that practice of using YouTube to upload

approved marketing materials has taken place after the filing of this lawsuit which is in March of 2007? A. Q. That is correct. The materials that Paramount's employees and

agents have uploaded to You Tube for promotional

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

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purposes, those materials are authorized to be on the YouTube service; is that right? MS. KOHLMANN: BY MR. VOLKMER: Q. A. Q. You can answer. I can only speak on behalf of my team. Sure. So the materials that were uploaded Objection as to form.

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by your team or by agents of Paramount at the direction of your team, those materials that have

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been uploaded to YouTube, they are authorized to be on the YouTube service, correct? MS. KOHLMANN: You can answer. THE WITNESS: To the best of my knowledge, Objection as to form.

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my team has always had the direction of only uploading approved materials. BY MR. VOLKMER: Q. Would you say that everything that your team

has uploaded or has approved to be uploaded, that set of materials are authorized? MS. KOHLMANN: You can answer. THE WITNESS: mean by "authorized." I'm not sure I know what you Objection; vague.

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A. Q.

Uh-huh. Were there any other instances in which a

Paramount marketing employee or agent uploaded clips from that film to YouTube to promote the film? MS. KOHLMANN: THE WITNESS: Objection. To the best of my knowledge,

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all materials were uploaded VIA the same destination within YouTube. BY MR. VOLKMER: Q. And how about the film Blades of Glory, did

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Paramount use YouTube to promote that film? MS. KOHLMANN: THE WITNESS: BY MR. VOLKMER: Objection. I believe so.

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Q.
that film? A.

And how did Paramount use YouTube to promote

Uploading approved materials, clips, trailer

to YouTube. Q. Was there a promotion or marketing campaign

on YouTube that you thought was more successful than the others? MS. KOHLMANN: You can answer. THE WITNESS: Not necessarily. Objection as to form; vague.

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DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10 123 [phone]

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BY MR. VOLKMER:

Q.

Are you aware of all the account names and

user names that Paramount has used to upload materials to YouTube? MS. KOHLMANN: THE WITNESS: BY MR. VOLKMER: Objection as to form. No, I wouldn't say that I am.

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Q.

Is there anyone in your department that

would know all of the account names and user names that Paramount has used to upload materials to YouTube? MS. KOHLMANN: THE WITNESS: BY MR. VOLKMER: Objection as to form. No, it's a large company.

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Q.

In the ordinary course of your job, would

you or someone working for you keep a list of all the user names that have been used to upload materials to YouTube? MS. KOHLMANN: THE WITNESS: Objection as to form. For my specific department the

team member who is leading a campaign would have knowledge of the accounts that he or she is using. BY MR. VOLKMER:

Q.

So is the answer to that question no? MS. KOHLMANN: Objection.

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THE WITNESS: BY MR. VOLKMER: Q. Sure.

Can you repeat the question?

In the ordinary course of your job,

would you or someone who worked for you keep a list of all the YouTube user names or account names that have been used to upload materials to the YouTube service? MS. KOHLMANN: You can answer. THE WITNESS: My team members would keep Objection as to form.

track of the user names that they specifically would use. BY MR. VOLKMER:
Q.

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And you said that Paramount was a big Are there circumstances in which

company earlier.

there were uploads of Paramount material to YouTube for promotional reasons that occurred outside of the purview of your department? MS. KOHLMANN: THE WITNESS: BY MR. VOLKMER: Q. You never heard of any other departments at Objection as to form. I wouldn't know.

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Paramount uploading materials to YouTube for promotional or marketing purposes? MS. KOHLMANN: Objection as to form.

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

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THE WITNESS: BY MR. VOLKMER: Q.

No.

Didn't you have occasion to view materials

on YouTube and make determinations about whether they were authorized marketing material or not? MS. KOHLMANN: You can answer. THE WITNESS: BY MR. VOLKMER:
Q.

Objection.

Can you repeat the question?

Sure.

Didn't you have occasion in the

course of your employment to view materials on YouTube and make determinations about whether they were authorized marketing materials or not? MS. KOHLMANN: You can answer. THE WITNESS: BY MR. VOLKMER: Q. In the course of performing that task, did In specific instances, yes. Same objection.

you ever come across marketing material that had been uploaded to YouTube by Paramount but did not emanate from your department? A. No, I don't recall so. Bart, we've been going about

MS. KOHLMANN: an hour.

So if you get to a point you think we can

break, can we do that?

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

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BY MR. VOLKMER: Q. Didn't your frustrations with BayTSP

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removing approved Paramount marketing material from You Tube continue for some lengthy period of time? MS. KOHLMANN: You can answer. THE WITNESS: say that. BY MR. VOLKMER: Q. Didn't that frustration last for months that No, I don't know that I would Objection as to form; vague.

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Bay continued to remove material that your department had either uploaded or approved to be on the YouTube service? MS. KOHLMANN: answered. You can answer. THE WITNESS: I don't recall the specific Objection; asked and

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amount of time we had the disagreement. BY MR. VOLKMER: Q. As a result of BayTSP mistakenly removing

marketing material from the YouTube service you asked that you have an opportunity to review material before it was taken down from YouTube; is that right? MS. KOHLMANN: form. Objection; lacks foundation;

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DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

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You can answer. THE WITNESS: BY MR. VOLKMER: Q. Sure. As a result of BayTSP mistakenly Can you repeat the question?

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removing marketing material from the You Tube service you asked that you have an opportunity to review material before it was taken down from YouTubei is that right?
A.

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As part of our -- a s part of determining how

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our partnership would work, we did put several practices in place that would help us both be able to intelligently identify approved materials, one of which was for them to call me and ask me, just as we

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would ask any other party to call and ask me if content was questionable. Q. The reason that you would be called would be

to make a determination as to whether the material that was proposed for removal, whether or not that material was approved Paramount marketing? MS. KOHLMANN: You can answer. THE WITNESS: The process was put in place Objection as to form.

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not only to determine if content should be removed or not, but to identify what our approved marketing materials were so we could all be on the same page in

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terms of what that material consisted of. BY MR. VOLKMER: Q. Did any other parties besides BayTSP ever

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call you and ask whether material on online video-sharing services was authorized or unauthorized?

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A.
Q. A. Q.

Yes. Who else called you? Either call or e-mail, Sure. Many -- a l l the time webmasters, different I should clarify.

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A.

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websites, end-users, happens frequently. Q. End-users would contact you and ask you

whether or not material on the Internet was approved Paramount marketing material?

A.

Yes. MS. KOHLMANN: Objection; asked and

answered. THE WITNESS: BY MR. VOLKMER: Q. format; And that would take usually an e-mail is that right? MS. KOHLMANN: THE WITNESS: Objection. Either e-mail or phone call, Pardon me, yes.

depending on how a person could track me down.

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02:05:33 02:05:34 02:05:34 02:05:46 02:05:46 02:05:47 02:06:04 02:06:06 02:06:11 02:06:21 02:06:25 02:06:25 02:06:27 02:06:29 02:06:31 02:06:36 02:06:39 02:06:43 02:06:48 02:06:51 02:06:56 02:06:56 02:07:08 02:07:08 02:07:10 A. Q. A.

MR. VOLKMER:

Let's mark Exhibit 16.

(Powell Exhibit 16, document bearing Bates number VIA 003724421, marked for identification, as of this date.) MS. KOHLMANN: BY MR. VOLKMER: Q. Exhibit 16 is a document that was produced It's an e-mail Al Perry Thank you.

by BayTSP in this litigation.

exchange from June 26th and 27th, 2006.

John Salter, Mark Ishikawa appear in this e-mail thread. Do you know who Mr. Perry is? Yes. And what is his role at Paramount? He works on Scott Martin's team, which is

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the Paramount legal team.
Q.

And who is Mr. Salter? I'm not sure. And Mark Ishikawa ran BayTSP; is that right? He works at BayTSP. I'm not sure of his

A. Q. A. position. Q. writes:

In Mark Ishikawa's e-mail to Mr. Salter he

Need to discuss how we get the marketing people to let us know what

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

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In light of all of the additional focus on infringement on YouTube, I'm checking with Scott to see if we are taking down clips. Do you know what the additional focus on infringement that Mr. Perry references is? MS. KOHLMANN: Objection. Are you asking

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her as she sits here today? MR. VOLKMER: Yeah, I'm asking her if she

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has any understanding as to what Mr. Perry was talking about. MS. KOHLMANN: Objection; it's not on this

document; lacks foundation. You can answer. THE WITNESS: talking about. MR. VOLKMER: Let's mark Exhibit 20, I am not clear on what he's

(Powell Exhibit 20, document bearing Bates number VIA 00431656, marked for identification, as of this date.) MS. KOHLMANN: BY MR. VOLKMER: Q. Exhibit 20 is an e-mail exchange produced by The e-mail thread took And the first Thanks.

Viacom in this litigation.

place on October 15th and 16th, 2006.

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message in the thread you write to Tamar Teifeld and Mickey Worsnup and you say: Is this one of our approved clips, question mark. There's a YouTube URL and the subject line is Flags of Our Fathers. Do you know why you reached out to Ms. Teifeld and Mr. Worsnup about the authorization status of this clip? A. I don't know specifically. I presume I was

in a meeting and asking them if they were in front of a computer.

Q.

And Ms. Teifeld responds: Yes, EPK. these are clips from the

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A.

Uh-huh. What is the EPK? Electronic press kit. And are clips that are included in the EPK

Q.
A.

Q.

that are uploaded to You Tube authorized to be on YouTube? MS. KOHLMANN: THE WITNESS: Objection. On each specific film we put

together what's known as an EPK, which is a collection of approved clips and content for any said

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film.

Those are the clips that are approved for

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distribution online. BY MR. VOLKMER:

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Q.

So if there's an EPK clip that's appearing it's authorized to be on the YouTube

on YouTube,

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service, correct? MS. KOHLMANN: record. THE WITNESS: BY MR. VOLKMER: Q. Why is that? Only the final approved locked color Not necessarily. Objection; misstates the

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A.

corrected sound mixed final version of the EPK clips are approved for distribution across YouTube and other websites. Q. But all the final versions meeting all the

criteria you just listed, those EPK clips are authorized to be on the YouTube service, MS. KOHLMANN: THE WITNESS: BY MR. VOLKMER: Q. This is the same YouTube URL that's Do correct?

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Objection as to form. Presumably, yes.

referenced in the previous exhibit, Exhibit 19.

you know if you told Mr. Perry whether or not this clip was authorized to be on YouTube?

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Exhibit 20, that's a clip that was authorized to be on YouTube, correct? MS. KOHLMANN: THE WITNESS: clip to tell you. BY MR. VOLKMER: Q. Ms. Teifeld says, where you wrote to And Objection. I would have to review the

Ms. Teifeld "Is this one of our approved clips?"

she wrote back "Yes, these clips are from the EPK." Based on this e-mail, isn't the most logical inference that the clip being referenced here is one that was approved by Paramount to appear on YouTube? MS. KOHLMANN: THE WITNESS: Objection as to form. Based on Tamar's e-mail she's

saying, yes, these clips are from the EPK, and hence we would assume that, yes, they are approved clips. BY MR. VOLKMER: Q. And you had no reason to question

Ms. Teifeld's assessment, correct? A. Q. Correct. You did not ask that this clip be removed

from the You Tube service, did you? A. I don't recall.

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

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Q.

Based on this e-mail in which Ms. Teifeld

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says that they are approved clips that came from the EPK, do you think that you asked anyone that these -that this clip be removed? MS. KOHLMANN: THE WITNESS: Objection. I do not believe I would have

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requested it to be removed, with the understanding it was an approved clip from the EPK. MR. VOLKMER: Let's mark Exhibit 21.

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(Powell Exhibit 21 VIA11786487, document bearing Bates number VIA11786487, marked for identification, as of this date.) BY MR. VOLKMER: Q. This is an e-mail exchange from May 8th and

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9th, 2007 produced by Viacom in this litigation. In the first message in this thread Kristina Tipton asked whether Paramount should leave up a Transformers clip that appeared on the Ellen Degeneres show; is that right?
A.

Yes. And it says -- t h e message from Ms. Tipton

Q.

Publicity wouldn't let us post the clip officially online. Why wouldn't pUblicity allow Paramount to

DAYID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

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down. Why did you need to speak with the publicity department? A. I don't recall. Who would you have checked with in the

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Q.

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publicity to determine -- i n the publicity department to make determinations about whether materials should be removed from YouTube? MS. KOHLMANN: speculation. You can answer. THE WITNESS: I would have asked whoever the Objection; calls for

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publicist handling that movie was. BY MR. VOLKMER: Q. And who was the publicist for the film Jackass 2?

that's being discussed here, A. I don't recall.

Q.

So were the publicists for Paramount films

engaged in the upload of materials to promote the films? MS. KOHLMANN: You can answer. THE WITNESS: No, not to the best of my Objection.

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03:57:20 03:57:22 03:57:24 03:57:28 03:57:30 03:57:33 03:57:37 03:57:41 03:57:45 03:57:47 03:57:57 03:58:04 03:58:07 03:58:11 03:58:12 03:58:13 03:58:16 03:58:21 03:58:25 03:58:28 03:58:29 03:58:30 03:58:32 03:58:35 03:58:38

BY MR. VOLKMER: Q. So why would you need to check with someone

in publicity before confirming which videos should be taken down? A. On certain films with unique circumstances,

5 6 7 8 9 10 11 12
13

as with the film Jackass, certain clips were approved for different usages. Some were only approved for

online and some were only approved to live in the offline world. Q. Are you saying that you needed to check with

publicity to determine whether clips were permitted to be marketed in the online world in the case of Jackass 2? MS. KOHLMANN: You can answer. THE WITNESS: yes. To the best of my knowledge, Objection to form.

14 15 16 17 18 19 20 21 22 23 24 25

In the film Jackass 2 we had specific

strategies put in place as to where clips would be positioned and distributed. BY MR. VOLKMER: Q. And the publicity department was in charge

of that decision? A. I don't know that I would say they were in They were -- i t was a collaboration

charge of it.

with the publicity department to make those

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-520
245
1

03:58:40 03:58:41 03:58:45 03:58:48 03:58:49 03:58:51 03:58:55 03:59:00 03:59:07 03:59:09 03:59:12 03:59:18 03:59:18 03:59:18 03:59:20 03:59:21 03:59:23 03:59:27 03:59:30 03:59:34 03:59:34 03:59:36 03:59:42 03:59:44 03:59:44

determinations. Q. But here Jackass 2 clips had been syndicated

2
3

by the interactive marketing department, right? MS. KOHLMANN: THE WITNESS: of the clips were. Objection. As the e-mail indicates, some

4
5

6 7

All of the clips that we

syndicated had an official warning before the clips. BY MR. VOLKMER: Q. Right. So what was the purpose of checking

8
9

10
11

with the publicity department if you knew that your department had engaged in online viral marketing of Jackass 2? MS. KOHLMANN: answered. You can answer. THE WITNESS: We did not have a viral All we had was the Objection; asked and

12 13 14 15 16 17 18 19 20 21 22 23 24 25

marketing campaign for Jackass 2.

syndication of a very specific set of clips, all of which had a warning in front of them. BY MR. VOLKMER: Q. Why did you need to check with publicity if

you had engaged in a syndication marketing strategy online with respect to Jackass 2? A. With -MS. KOHLMANN: Objection; asked and

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

A-521

Schapiro Exhibit 49

A-522

From: Date: To: Subject:

"Wahtera, Megan - P a r a m o u n t " <[e-mail]> Thu, 4 Oct 2007 08:43:17 -0700 "Teifeld, Tamar - Para >, " Powell, Amy - P a r a m o u n t " RE: HBK - Farrelly Clips -

Hi Amy & Tamar, I have to send youtube our video link by noon today. That said, I am personally thinking it's fine to upload it from here via the paraccount (or I can make one up so its less obvious) given there is nothing under the radar about this clip. The clip is one from the EPK, and will be featured on the homepage of youtube tomorrow with our corresponding ad unit and Farrelly intro. The clip has already been up on Yahoo! sans intro. Let me know your thoughts, otherwise I have to head to Kinko's asap! Thanks! Megan -----Original Message----F r o m : Teifeld, Tamar - P a r a m o u n t Sent: Wednesday, October 03, 2007 4:50 PM To: Wahtera, Megan - P a r a m o u n t ; Powell, Amy - P a r a m o u n t Cc: Worsnup, Mickey - P a r a m o u n t Subject: RE: HBK - Farrelly Clips True - i t will be from us anyway and if it is from our account, it will just live with the rest of our trailers. Amy - w h a t do you think? -----Original Message----F r o m : Wahtera, Megan - P a r a m o u n t Sent: Wednesday, October 03, 2007 4:48 PM To: Teifeld, Tamar - P a r a m o u n t ; Powell, Amy - P a r a m o u n t Cc: Worsnup, Mickey - P a r a m o u n t Subject: RE: HBK - Farrelly Clips FYI - t h i s goes with an ad unit on youtube on Friday - so to me, its apparent it's us. Similar to what you see with Lions for Lambs today. http://youtube.com/ -----Original Message----F r o m : Teifeld, Tamar - P a r a m o u n t Sent: Wednesday, October 03, 2007 4:47 PM To: Powell, Amy - P a r a m o u n t ; Wahtera, Megan - P a r a m o u n t Cc: Worsnup, Mickey - P a r a m o u n t Subject: RE: HBK - Farrelly Clips Should I have Scott H upload? -----Original Message----F r o m : Powell, Amy - P a r a m o u n t Sent: Wednesday, October 03, 2007 4:46 PM To: Wahtera, Megan - P a r a m o u n t

CONFIDENTIAL

VIA00908729

A-523

Cc: Teifeld, Tamar - P a r a m o u n t ; Worsnup, Mickey - P a r a m o u n t Subject: Re: HBK - Farrelly Clips I think it should be from off lot ..... What do you guys think about the tags? ----- Original Message ----F r o m : Wahtera, Megan - P a r a m o u n t To: Wahtera, Megan - P a r a m o u n t ; Powell, Amy - P a r a m o u n t Cc: Teifeld, Tamar - P a r a m o u n t ; Worsnup, Mickey - P a r a m o u n t Sent: Wed Oct 03 16:37:51 2007 Subject: RE: HBK - Farrelly Clips It's OK to upload this one here from Parracount, correct? Here are my tags: The Heartbreak Kid Movie Ben Stiller Carlos Mencia Farrelly Brothers Comedy Funny Clip

From: Wahtera, Megan - P a r a m o u n t Sent: Wednesday, October 03, 2007 4:08 PM To: Powell, Amy - P a r a m o u n t Cc: Teifeld, Tamar - P a r a m o u n t ; Worsnup, Mickey - P a r a m o u n t Subject: RE: HBK - Farrelly Clips On it now!

From: Powell, Amy - P a r a m o u n t Sent: Wednesday, October 03, 2007 4:04 PM To: Wahtera, Megan - P a r a m o u n t Cc: Teifeld, Tamar - P a r a m o u n t ; Worsnup, Mickey - P a r a m o u n t Subject: RE: HBK - Farrelly Clips I say we do it now... gain some traction? We should be very careful about what tags we use. And, I'm assuming scott can help us dramatically.... Amy Powell Senior Vice President Interactive Marketing Paramount Pictures

From: Wahtera, Megan - P a r a m o u n t

CONFIDENTIAL

VIA00908730

A-524

S e n t : Wednesday, October 03, 2007 4:02 PM To: Powell, Amy - P a r a m o u n t Cc: Teifeld, Tamar - P a r a m o u n t ; Worsnup, Mickey - P a r a m o u n t Subject: RE: HBK - Farrelly Clips We will get myspace one up asap! Youtube is for our Friday buy - b u t I can upload now so it's live in advance if you if prefer? Let me know!

From: Powell, Amy - P a r a m o u n t Sent: Wednesday, October 03, 2007 3:59 PM To: Wahtera, Megan - P a r a m o u n t Cc: Teifeld, Tamar - P a r a m o u n t ; Worsnup, Mickey - P a r a m o u n t Subject: RE: HBK - Farrelly Clips Approved. When can we get live? Amy Powell Senior Vice President Interactive Marketing Paramount Pictures

From: Wahtera, Megan - P a r a m o u n t Sent: Wednesday, October 03,20073:13 PM To: Powell, Amy - P a r a m o u n t Cc: Teifeld, Tamar - P a r a m o u n t ; Worsnup, Mickey - P a r a m o u n t Subject: HBK - Farrelly Clips Hi Amy, At long last, here are the clips. These are web friendly versions for filmmakers to review. http://downloads.paramount. com/m p/hea rtbreak_kid/myspace_final. mov http://downloads.paramount.com/mp/heartbreak_kid/youtube_final.mov These are not the versions I am uploading to YouTube or MySpace. I have higher quality ones that would take too long for approvers to load which we will use for the actual sites. Let us know when we can do so - YouTube needs by 12pm tomorrow and MySpace needs asap. BIG thanks to Mickey for helping us out on this one!!

CONFIDENTIAL

VIA00908731

A-525

Thanks! Megan Wahtera Executive Director Interactive Marketing Paramount Pictures

P: 323.956.8516 I F: 323.862.1101

CONFIDENTIAL

VIA00908732

A-526

Schapiro Exhibit 52

A-527

Subject: Re: Fw: Flags of our Fathers From: "Teifeld, Tamar" <EX:/O=VIACOM/OU=PARAMOUNT/CN=RECIPIENTS/CN= TEIFELTA> To: Powell, Amy - Paramount Cc: Worsnup, Mickey Date: Mon, 16 Oct 2006 17:11:12 +0000 Yes. These clips are from the EPK. ----- Replied by Tamar Teifeld on 10/16/2006 10:09:43 AM

From:Amy Powell 10/15/200608:32 AM To: [e-mail], [e-mail] cc: Subject: Fw: Flags of our Fathers is this one of our approved clips? http://WWW.youtube.com/Watch?v=TkswonjOmVQ

CONFIDENTIAL

VIA00431656

A-528

Schapiro Exhibit 54

A-529

From: Sent: To: Cc:

[e-mail] Tuesday, October 31,20065:15 PM Deana Arizala Morales, Cindy; Mark M. Ishikawa; Evelyn Espinosa; Courtney Nieman

Subject: Re: Fwd: Viral Internet Marketing Clips

Got it. We should be able to authorize you to search a list soon -----Original Message----From: Deana Arizala <deanaa@,baytsp.com> To Hallie, Michelena CC: Morales, Cindy; Mark M. Ishikawa <marki@baytspwm>; Evelyn Espinosa <[e-mail]>; Courtney Nieman <[e-mail]> Sent: Tue Oct 31 12: 11:05 2006 Subject: Fwd: Viral Internet Marketing Clips Michelena,

I'm not sure if you received the email below, so just in case I am going to forward it.

Best Regards, Dcana Arizala

Deana Arizala Client Services Manager. BayTSP, Inc 408.341.2365 (direct) 408.341.2300 (voice) 408.341.2399 (fax)

From: Deana Arizala Sent: Monday, October 30, 2006 10:09 AM To [e-mail] Cc: Morales, Cindy; Mark M. Ishikawa; Evelyn Espinosa; Courtney Nieman Subject: RE: Viral Internet Marketing Clips

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 001093408

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Michelena,

Below is a list of VH I shows I'm gathered from the links below. I do not have these shows in my list. Please let me know if these titles should be added in Cims.

VHI

The Wendy Williams Experience Totally Awesome
Flavor of Love

Hogan Knows Best Freesty Ie 59

Thanks Michelena.

Dest Regards, Deana Arizala

Deana Arizala Client Services Manager. BayTSP, Inc 408.341.2365 (direct) 408.341.2300 (voice) 408.341.2399 (fax)

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 001093409

A-531

-----Original Message----From: [e-mail] Sent: friday, October 27,20063:23 PM To: Deana Arizala Cc Morales, Cindy Subject: FW: Viral Internet Marketing Clips

Is this sufficient information? If so, you can now take down VHl clips
2 1/2 minutes or over, other than those noted below.

-----Original Message----From: Kadetsky, Deborah Sent: Friday, October 27,20066:07 PM To: Cheeks, George; Maxwell, Tony Cc Wilson, Adam; Hallie, Michelena; Tmm, Tina Subject: RE: Viral Internet Marketing Clips

George, are you able to do your sweep of clips according to who's posted them? If that is the case, the clips that we've authorized to be posted are under the usernames "vhlstaff" and "reaction2006"

If you need specific links, here is a list of what we've posted as approved clips to date:

hUp:llwww.youtube.com/watch?v=qVVGT7Rfrvk hUp:llwww.youtube.com/watch?v=jFoONdwaGys hUp:llwww.youtuhe.cOTn/watch?v= 5vjT ,2stAzO hUp://www.youtube.com/watch?v=M-G NOZbllI http://www.youtube.com/watch?v=gvUzUOSbs9Y hUp:llwww.youtube.com/watch?v=xPfTPn-eGKk http://www.youtube.com/watch ?v=3 sa VMo96328 hUp:llwww.youtube.com/watch?v=PJiZqOOAipw hUp:llwww.youtube.com/watch?v=xlycbHjePjM

6/11/2008
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A-532
http://www.youtube.com/watch?v=hFoCygnKOaA http://www.youtube.com/watch?v=4CtHP61Jt-zM http://www.youtube.com/watch?v=Dy9IYAELglE http://www.youlube.com/watl:h?v=kihSHlo W -Tg http://www.youtube.com/watch?v=yZl SEUh_IPc http://www.youtube.com/watch?v=ia pl6rVg k http://www.youtubc.com/watch?v=zlbL-zhMK8k http://www.youtube.com/watch?v=vnJmXSht2jI

http://www.youtube.com/watch?v=uXnx5QxpIRc http://www.youtube.com/watch?v=zgDllI3KpwjQ http://www.youtube.com/watch?v=pAkp Hr5rN4 http://www.youtube.com/watch?v=BRbM2gfD08U http://www.youtube.com/watch?v=QQxyhtYk3CI

Do you have a sense of how frequently we'll be doing this takedown sweep? I want to make sure than any future po stings through our ClllTent process don't get removed accidentally.

Thanks, deb

-----Original Message----From: Cheeks, George Sent: Friday, October 27,2006 1:33 PM To Kadetsk:y, Deborah; Maxwell, Tony Cc: Wilson, Adam Subject: Re: Viral Tntemet Marketing Clips

If you could send a copy directly to Michelina Hallie and copy me that would be great!

-----Original Message----From: Kadetsky, Deborah

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 001093411

A-533
To: Cheeks, George; Maxwell, Tony CC: Wilson, Adam Sent: Fri Oct 27 09:48:26 2006 Subject RE Viral Internet Marketing Clips

Hi George,

Did you get my list via Tina Imm') I can send to you directly if not..

Deb

-----Original Message----From: Cheeks, George Sent: Friday, October 27,20068:47 AM To Maxwell, Tony Cc Wilson, Adam; Kadetsky, Deborah Subject: Re: Viral Intemet Marketing Clips

We need everything that you have seeded thusfar as we are engaging an outside service to send take down notices for full episodes and clips in excess of 2 minutes and 30 seconds and we don't want to have notices sent for content we seeded. That said, if that is too big a task I would at least hit the stuff that we seeded over the past several months.

Thanks.

-----Original Message----From: Maxwell, Tony To: Cheeks, George CC: Wilson, Adam; Kadetsky, Deborah Sent: Wed Oct 25 11: 10:262006 Subject: Viral Intemet Marketing Clips

Hello George,

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 001093412

A-534

Nigel asked me to follow up with you ahout your request for a list of viral clips we are currently supplying to web sites like youtube.com.
Are you looking [or a monthly figure or total amount since a certain

date.

Pleasc infonn.

Many thanks, Tony

Tony Maxwell VP Vh1 011 AirPromotiol1s 212-846-7867 tony [e-mail]

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 001093413

A-535

Schapiro Exhibit 57

A-536

From: Sent: To: Cc:

[e-mail] Monday, November 06,20068:42 PM Deana Arizala; Morales, Cindy Mark M. Ishikawa; Evelyn Espinosa; Cahan, Adam; Courtney Nieman; Morales, Cindy

Subject: RE: Video Takedown Cindy has to confirm the particular shows. My observations: Correct on youtube and google subject to Cindy's review. I don't understand the directives in myspace and Yahoo. My understanding is that we are removing all clips at 2.5 or over except for Colbert and Daily Show which is 3 and over, subject to Cindy confirming the current shows to be reviewed. This looks like you are not removing clips as opposed to full episodes of many of the shows. Cindy, am I correct? What's the status of moving forward on myspace? From: Deana Arizala [mailto:[e-mail]] Sent: Monday, November 06,2006 1:52 PM To: Hallie, Michelena Cc: Mark M. Ishikawa; Evelyn Espinosa; Cahan, Adam; Courtney Nieman; Morales, Cindy Subject: RE: Video Takedown Michelena, Please review the enclosed YouTube, Google Video, Myspace, and Yahoo Video approved notice sent rule. We just want to make sure that we are all in the same page. Please indicate if there are any changes. Thank You.

6/23/2008

HIGHLY CONFIDENTIAL

BAYTSP 001125563

A-537

6/23/2008
HIGHLY CONFIDENTIAL
BAYTSP

001125564

A-538

6/23/2008
HIGHLY CONFIDENTIAL
BAYTSP

001125565

A-539

6/23/2008

HIGHLY CONFIDENTIAL

BAYTSP 001125566

A-540

6/23/2008

HIGHLY CONFIDENTIAL

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A-541

6/23/2008

HIGHLY CONFIDENTIAL

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A-542

6/23/2008

HIGHLY CONFIDENTIAL

BAYTSP 001125569

A-543

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125570

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Deana Arizala Client Services Manager. 8ayTSP, Inc 408.341.2365 (direct) 408.341.2300 (voice) 408.341.2399 (fax)

6/23/2008

HIGHLY CONFIDENTIAL

BAYTSP 001125571

A-545

6/23/2008

HIGHLY CONFIDENTIAL

BAYTSP 001125572

A-546

From: [e-mail] Sent: Saturday, November 04,20063:59 AM To: Mark M. Ishikawa; Evelyn Espinosa; Deana Arizala Subject: Fw: Video Takedown

Just want to make sure this directive got to you: google as well as youtube takedowns should only be full episodes. Myspace and yahoo are ok to take down as originally directed. -----Original Message----From: Cahan, Adam To Hallie, Michelena Sent Sat Nov 04 02 5511 2006 Subject: fw: Video Takedown We should still be taking down as much as possible at myspace. It's only google/youtube that has the full episode rule. -----Original Message----From: Dcana Arizala <[e-mail]> To Hallie, Michelena CC: Courtney Nieman <[e-mail]>; Evelyn Espinosa <[e-mail]>; Mark M. Ishikawa <[e-mail]>; Cahan, Adam Sent: Fri Nov 03 21:16:07 2006 Subject: Video Takedown

Michelena,

Below are the Notice Sent counts for today, November 3,2006. Have a good weekend.

Dest Regards, Deana Arizala

Summary

YouTllbe: Full Episodes: 149 Myspace: Full Episodes: 23 Yahoo Video: Full Episodes: 0 Googlc Vidco: Full Episodes: lIS

6/23/2008

HIGHLY CONFIDENTIAL

BAYTSP 001125573

A-547

P2P: Gnutella: 0, eDonkey 44 (not sent-just for view)

YouTube

Full Episodes

Country Music Television

Count

CMT Music Awards

o

Country Fired Home Videos

o

Crossroads

o

Foxwothy's Big Night Out

o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125574

A-548
Trick My Truck

o
Comedy Central

South Park
21

The Colbert Report

5

The Daily Show

SpikeIV

Carpocalypes

o

King of Vegas

o

Most Xtreme Challenge

o

Pros Vs Joes

o
6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125575

A-549

Total Nonstop Action

o

Ultimate Fighting Championship

o
Viacml1

Andy Milonakis

o

Avatar the Last Airbender

96

Backyardigans

o

Beyond the Break

o

Blue's Room

o

Can't Get A Date

o

Degrassi

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125576

A-550
6

Diego

o

Dora Thc Explorcr

o

Drake & Josh 15

Fairly Odd Parents
5

GLAAD Media Awards

o

Greatest TV Quotes and Catch Phrases

o

Hi-Jinks

o

TPity the Fool

o

Jack's Big Music Show

o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125577

A-551
L a g u n a Beach

o

Naked I3rothers I3and

o

Noah's Arc
3

Real World

o

Sit Down Comedy with David Steinberg

o

South of Nowhere

o

Spongebob Squarepants 3

TV Land Myths and Legends

o

TV Land Present the 100

o

VMAAwards

o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125578

A-552

W o n d e r Pets

o

Zoey 101

o

Total 149

Goog1e Video

Full Episodes

Country Music Television

Count

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125579

A-553

CMT Music Awards

o

Country Fired Home Videos

o

Crossroads

o

Foxwothy's Big Night Out

o

Trick My Truck

o
Comedy Central

South Park

o

The Colbert Report

o

The Daily Show
4

SpikeTV

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125580

A-554

Carpocalypes

o

King of Vegas

o

Most Xtreme Challenge

o

Pros Vs Joes

o

Total Nonstop Action

o

Ultimate Fighting Championship
2

ViacoIll

Andy Milonakis

o

Avatar the Last Airbender
67

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125581

A-555
Backyardigans

o

Beyond the Break

o

Blue's Room

o

Can't Get A Date

o

Degrassi

o

Diego

o

Dora The Explorer

o

Drake & Josh

o

Fairly Odd Parents

GLAAD Media Awards

o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125582

A-556

Greatest TV Quotes and Catch Phrases

o

Hi-Jinks

o

I Pity the Fool

o

Jack's Big Music Show

o

Laguna Beach
11

Naked Brothers Band

o

Noah's Arc

o

Real World

o

Sit Down Comedy with David Steinberg

o

South of Nowhere 10

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125583

A-557

Spongebob Squarepants 20

TV Land Myths and Legends

o

TV Land Present the 100

o

VMAAwards

o

WonclerPets

o

Zoey 101

o

Total 115

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125584

A-558

Yahoo Video

Clips

Full Episodes

Country Music Television

Count

CMT Music Awards

o

Country Fired Home Videos

o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125585

A-559
Crossroads

o

Foxwothy's Big Night Out

o

Trick My Tmck

o
Comedy Central

South Park

o

The Colbert Report

o

The Daily Show

o
SpikeTV

C arpocalypes

o

King of Vegas

o
6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125586

A-560

Most Xtreme Challenge

o

Pros Vs Joes

o

Total Nonstop Action

o

Ultimate Fighting Championship

o
Viacom

Andy Milonakis

o

Avatar the Last Airbellder

o

Backyardigans

o

Beyond the Break

o

Blue's Room

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125587

A-561
o

Can't Get A Date

o

Dcgrassi

o

Diego

o

Dora The Explorer

o

Drake & Josh

o

Fairly Odd Parents

o

GLAAD Media Awards

o

Greatest TV Quotes and Catch Phrases

o

Hi-Jinks

o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125588

A-562
I Pity the Fool

o

Jack's Dig Music Show

o

Laguna Beach

o

Naked Brothers Band

o

Noah's Arc

o

Real World

o

Sit Down Comedy with David Steinberg

o

South of Nowhere

o

Spongebob Squarepants

o

TV Land Myths and Legends

o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125589

A-563

T V T,and Present the 100

o

VMAAwards

o

Wonder Pets

o

Zoey 101

o

Total

o

My Space

Full Episodes

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125590

A-564

Country Music Television

Count

CMT Music Awards

o

Country Fired Home Videos

o

Crossroads

o

Poxwothy's I3ig Night Out

o

Trick My Truck

o
Comedy Central

South Park

o

The Colbert Report

o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125591

A-565
The Daily Show

o
SpikeTV

Carpocalypes

o

King of Vegas

o

Most Xtreme Challenge

o

Pros Vs Joes

o

Total Nonstop Action

o

Ultimate Fighting Championship

o
Vi acorn

Andy Milonakis

o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125592

A-566

Avatar the Last Airbender

o

Backyardigans

o

Beyond the Break

o

Blue's Room

o

Can't Get A Date

o

Degrassi

o

Diego

o

Dora The Explorer

o

Drake & Josh

o

Fairly Odd Parents
2

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125593

A-567

GLAAD Media Awards

o

Greatest TV Quotes and Catch Phrases

o

Hi-Jinks

o

I Pity the Fool

o

Jack's Big Music Show

o

Laguna Beach

o

Naked Brothers Band

o

Noah"s Arc

o

Real World

o

Sit Down Comedy with David Steinberg

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125594

A-568
o

Soulh of Nowhere 10

Spongebob Squarepants
11

TV Land Myths and Legends

o

TV Land Present the 100

o

VMAAwards

o

Wonder Pets

o

Zoey 101

o

Total 23

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125595

A-569

P2P (Not sent)

Country Music Television

Gnutella eDonkey

CM!' Music Awards

o

o

Country Fired Home Videos

o o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125596

A-570
Crossroads

o
o

Foxwothy's Big Night Out

o

o

Trick My Tmck

o
o

Comedy Central

South Park

o
o

The Colbert Report

o o

The Daily Show

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125597

A-571
o

o

SpikeIV

Carpocalypes

o

o

King of Vegas

o o

Most Xtreme Challenge

o

o

Pros Vs .Toes

o o

Total Nonstop Action

o
6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125598

A-572
o

Ultimate Fighting Championship

o

o

Viacom

Andy Milonakis

o o

Avatar the Last Airbender

o o

Backyardigans

o
2

Beyond the Break

o

o
6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125599

A-573

B l u e ' s Room

o o

Can't Get A Date

o o

Degrassi

o o

Diego

o o

Dora The Explorer

o o

Drake & Josh

o
o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125600

A-574

Fairly Odd Parents

o o

GLAAD Media Awards

o o

Greatest TV Quotes and Catch Phrases

o o

Hi-Jinks

o o

I Pity the Fool

o
o

Jack's Big Music Show

o

o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125601

A-575

T,aguna Reach

o o

Naked Brothers Band

o o

Noah's Arc

o o

Real World

o
o

Sit Down Comedy with David Steinberg

o

o

South of Nowhere

o
o

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125602

A-576
Spongebob Squarepants

o o

Hogan Knows Best

o
41

Breaking Bonaduce

o

VMAAwards

o

o

Wonder Pets

o
o

Zoey 101

o

o

Total

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125603

A-577
o
44

Dcana Arizala Client Services Manager. BayTSP, Inc 408.34l.2365 (direct) 408.341.2300 (voice) 408.34l.2399 (fax)

6/23/2008
HIGHLY CONFIDENTIAL BAYTSP 001125604

A-578

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HIGHLY CONFIDENTIAL

BAYTSP 001125605

A-579

HIGHLY CONFIDENTIAL

BAYTSP 001125606

A-580
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HIGHLY CONFIDENTIAL

BAYTSP 001125607

A-581

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HIGHLY CONFIDENTIAL

BAYTSP 001125608

A-582

Schapiro Exhibit 58

A-583

From: Date: To: Subject:

"Ganeless, Michele" <[e-mail]> Fri, 6 Oct 2006 16:02:40 -0400 "Witt, jason" <[e-mail]> RE: Please read -- time sensitve

Makes sense. I don't think they have any full-length stuff of ours. Hopefully that's all we'd c&d. Doug and I feel very strongly that we don't want to stop the colbert and daily clips. -----Original Message----From: Witt, jason Sent: Friday, October 06, 2006 3:59 PM To: Ganeless, Michele Subject: Re: Please read -- time sensitve Think we're c&d'ing on full-length regardless. Complication--i presume--is that if we wait on broader action, we may look like we're c&d'ing google specifically. My pov was to propose deal we want, and c&d on some stuff if they say f off.

Sent from my BlackBerry Wireless Handheld -----Original Message----From: Ganeless, Michele To: Witt, jason Sent: Fri Oct 06 15:56:20 2006 Subject: RE: Please read -- time sensitve But I thought that we didn't want to c&d if we're gonna do a deal with them? Or do we think the deal will be off if they buy them? -----Original Message----From: Witt, jason Sent: Friday, October 06, 2006 3:55 PM To: Ganeless, Michele Subject: Re: Please read -- time sensitve Apparently there's one line of reasoning that says don't wait until google acquires in order to c&d.

Sent from my BlackBerry Wireless Handheld -----Original Message----From: Ganeless, Michele To: Witt, jason Sent: Fri Oct 06 15:53:572006 Subject: RE: Please read -- time sensitve Are you going to be on the call? Is this about C+D? -----Original Message----From: Witt, jason Sent: Friday, October 06, 2006 3:49 PM To: Ganeless, Michele

Confidential

VIAO 1676948

A-584

Subject: Fw: Please read -- time sensitve

Sent from my BlackBerry Wireless Handheld -----Original Message----From: Browning, Nicole - MTVN To: Win, Jason Sent: Fri Oct 06 15:47:30 2006 Subject: FW: Please read -- time sensitve Hi Jason- I can be on this, but if you want to call in-should be about 45 min call-for any part, below is number. Apparently Google talks are on the wire ... ------ Forwarded Message From: "Ashendorf, Sandy - MTVN" <[e-mail]> Date: Fri, 6 Oct 2006 11:08:19 -0400 To: "Browning, Nicole - MTVN" <[e-mail]> Subject: Please read -- time sensitve So the You Tube meeting I mentioned earlier has been scheduled today for 4:30. Beth and I are both in a meeting with MediaFLO all afternoon and unless we leave for an hour (not a great idea), will not be able to join. I don't know if you have a conflict at that time but you may want to dial in -- the number is _ and the passcode is . Please let me know and I will act accordingly. Thanks. FYI, I believe that it will be with Mike Fricklas, Michael Wolf, David Sussman, Bob Bakish, Doug Herzog, Michelena Hallie and Adam Cahan. ------ End of Forwarded Message

Confidential

VIAO 1676949

A-585

Schapiro Exhibit 59

A-586

From: Sent: To: Cc:

[e-mail] Friday, October 27,20069:53 PM Cahan, Adam; Deana Arizala Mark M. Ishikawa; Evelyn Espinosa; Courtney Nieman; Leland Woo

Subject: RE: YouTube Takedown The only clips we have not yet taken down are VH1 since we have not yet gotten the complete list of clips we authorized on youtube. Other than that, you are correct.

From: Cahan, Adam Sent: Friday, October 27, 2006 5:52 PM To: 'Deana Arizala'; Hallie, Michelena Cc: Mark M. Ishikawa; Evelyn Espinosa; Courtney Nieman; Leland Woo Subject: RE: YouTube Takedown to be clear this includes all clips/episodes greater than 2:30 across the 38 shows, other than jon stewart/colbert at 5:00 minutes in length. correct?

From: Deana Arizala [mailto:[e-mail]] Sent: Friday, October 27, 2006 2:32 PM To: Cahan, Adam; Hallie, Michelena Cc: Mark M. Ishikawa; Evelyn Espinosa; Courtney Nieman; Leland Woo Subject: RE: YouTube Takedown Importance: High Adam, Since the inception of this project on 28-September-2006, we have taken down 9,948 clips and clips that represented full episodes. These clips were reportedly viewed 117,596,020 times prior to our takedown effort.

Best Regards, Deana Arizala

Deana Arizala Client Services Manager. BayTSP, Inc 408.341.2365 (direct) 408.341.2300 (voice) 408.341.2399 (fax)

6/11/2008
HIGHLY CONFIDENTIAL BAYTSP 001125622

A-587
From: Cahan, Adam [mailto:[e-mail]] Sent: Friday, October 27,20061:37 PM To: Deana Arizala; [e-mail] Cc: Mark M. Ishikawa; Evelyn Espinosa; Courtney Nieman; Leland Woo Subject: RE: YouTube Takedown

is it possible to get a simple summary. Number of clips taken down to date. Thanks - Adam

From: Deana Arizala [mailto:[e-mail]] Sent: Friday, October 27,20061:21 PM To: Hallie, Michelena Cc: Cahan, Adam; Mark M. Ishikawa; Evelyn Espinosa; Courtney Nieman; Leland Woo Subject: YouTube Takedown Importance: High

Michelena. Below are the counts that there were taken down today, October 27,2006. Have a good weekend to you too.

Clips

We made sure that these clips were 2 Y, minutes or longer.
Viacom Spongebob Squarepants - Clips Fairly Odd Parents - Clips Zoey 101 - Clips 8ackyardigans - Clips Wonder Pets - Clips Avatar the Last Airbender - Clips SpikeTV Total NonStop Action - Clips Ultimate Fighting Championship - Clips Most Xtreme Challenge - Clips Pros Vs Joes - Clips King of Vegas - Clips Carpocalypes - Clips Count

o o o o o o

23 7 9 1

o o

Comedy Central South Park - Clips

646

We made sure that these clips were 5 minutes or longer.
The Daily Show - Clips The Colbert Report - Clips
888

252

Total

1,826

6/11/2008

HIGHLY CONFIDENTIAL

BAYTSP 001125623

A-588
F u l l Episodes Andy Milonakis - F u l l Episode Avatar the Last Airbender - F u l l Episode Backyardigans - F u l l Episode Beyond the Break - F u l l Episode Blue's Room - F u l l Episode Can't Get A Date - F u l l Episode Carpocalpyse - F u l l Episode CMT Music Awards - F u l l Episode Country Fried Home Videos - F u l l Episode Crossroads - F u l l Episode Degrassi - F u l l Episode Diego - F u l l Episode Dora The Explorer - F u l l Episode Drake & Josh - F u l l Episode Fairly Odd Parents - F u l l Episode Foxworthy's Big Night Out - F u l l Episode GLAAD Media Awards - F u l l Episode Greatest TV Quotes and Catch Phrases - F u l l Episode Hi-Jinks - F u l l Episode Hip Hop Honors Award - F u l l Episode I Pity The Fool - F u l l Episode Jack's Big Music Show - F u l l Episode King of Vegas - F u l l Episode Laguna Beach - F u l l Episode Most Xtreme Challenge - F u l l Episode Naked Brothers Band - F u l l Episode Noah's Arc - F u l l Episode Pros vs. Joes - F u l l Episode Real World - F u l l Episode Sit Down Comedy with David Steinberg - F u l l Episode South of Nowhere - F u l l Episode South Park - F u l l Episode Spongebob Squarepants - F u l l Episode The Colbert Report - F u l l Episode The Daily Show - F u l l Episode TotalNonstop Action! - F u l l Episode Trick My Truck - F u l l Episode TV Land Myths and Legends - F u l l Episode TV Land Presents The 100 - F u l l Episode Ultimate Fighting Championship - F u l l Episode VMA Awards - F u l l Episode Wonder Pets - F u l l Episode Zoey 101 - F u l l Episode Total

o
o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o

Best Regards, Deana Arizala

Deana Arizala

6/11/2008 HIGHLY CONFIDENTIAL BAYTSP 001125624

A-589
Client Services Manager. 8ayTSP, Inc 408.341.2365 (direct) 408.341.2300 (voice) 408.341.2399 (fax)

6/11/2008 HIGHLY CONFIDENTIAL BAYTSP 001125625

A-590

Schapiro Exhibit 62

A-591

From: Sent: To: Cc:

[e-mail] Wednesday, November 15, 20062:36 PM Sarah Cruz Evelyn Espinosa; Mark M. Ishikawa; Deana Arizala; Courtney Nieman; Cahan, Adam; Deana Arizala; Allen Chu; Chris Schmalz

Subject: RE: Video Takedown 11/14/06 Could I get some more information on the clips that were passed on? I'm particularly surprised about the small number of videos taken down under and am curious as to the average size of the videos that apparently did not meet our criteria. I'd also like to discuss the take down procedure on Google Video. In conversations with Mark, I thought the agreement was that you would send notices to Google Video requesting that they remove the link to infringing material. Is that not the procedure? Is that something you have done for other clients?

From: Sarah Cruz [mailto:[e-mail]] Sent: Tuesday, November 14, 2006 8:12 PM To: Hallie, Michelena Cc: Evelyn Espinosa; Mark M. Ishikawa; Deana Arizala; Courtney Nieman; Cahan, Adam; Deana Arizala; Allen Chu; Chris Schmalz; Sarah Cruz Subject: Video Takedown 11/14/06

European Music Awards Tracking Update
For November 14, 2006 we have found and sent notices for 8 YouTube infringements. Please look below for a detailed report of; Notice Sent

14-Nov

I Total
8 8

Infringement Data

Asset EMA AWARDS 2006

EMA AWARDS 2006 EMA AWARDS 2006 EMA AWARDS 2006

File Name Borat & Timberlake MTV EMA 2006 Rihanna - SOS performance - EMA 2006 Muse-sttarlight(live 2006) LoveStoned Snoop and Pharell Drop It Like It's Hot (Live) Nelly FurtadoManeater in live depeche mode EMA Outlandish

Protocol YouTube

URL http://youtube.com/watch?v=VTBToSmGRoQ

Usernam Viestarts

YouTube YouTube YouTube

http://www.youtube.com/watch?v=jV2CXkesjdY http://www.youtube.com/watch?v=rmbfXrPtIMs http://www.youtube.com/watch?v=olkmn- cgUA

Riri69 nisuuno 11v269

EMA AWARDS 2006 EMA AWARDS 2006 EMA AWARDS 2006 EMA AWARDS 2006

YouTube YouTube YouTube YouTube

http://youtube.com/watch?v=T dxVTb6ZS1 http://www.youtube.com/watch?v=uWpIOO8EMNc http://www.youtube.com/watch?v=p3amIHvIOgg http://www.youtube.com/watch?v=xDsEkODg9Gs

jcthree georgemc ClaudiaAI awayclos l

MTV Networks Video Takedown Update

6/11/2008 HIGHLY CONFIDENTIAL BAYTSP 001093517

A-592

Protocol Episodes Clips Passed On YouTube 22 36 555 MySpace 8 37 0 Yahoo Video 0 2 130 Google Video 17 3 115 Note: Yahoo Video IS a reference site only, we have only foundhnks to other sites that is sharing the infringing material. For notice sending: we limited ourselves to only the three video sites we have authority to send notices to; YouTube, Google, and Myspace. We then applied the same rules for each link as if we were enforcing on the original site and as a result sent zero notices: YouTube: 0 , Google Video: 0, Iy: ipace: 0 MS P2P Count Gnutella 211 eDonkey 537 BitTorrent 7626 (Not sent, just for view.) Y o u T u b e Results Content Provider Country Music Television

Asset CMT Music Awards Country Fired Home Videos Crossroads Foxwothy's Big Night Out Trick My Truck South Park The Colbert Report The Daily Show Carpocalypes King of Vegas Most Xtreme Challenge Pros Vs Joes Total Nonstop Action Ultimate Fighting Championship

Episodes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 0 0 0 0 0 0

Clips 0 0 0 0 0 1 13 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0

Passed On 0 1 0 0 0 315 150 0 0 0 5 0 0 0 2 2 0 0 0 0 1 1 0 0 2 0 0 0 0

Comedy Central

SpikeTV

Viacom

Andy Milonakis Avatar the Last Airbender Backyardigans Beyond the Break Blue's Room Can't Get A Date Degrassi Diego Dora The Explorer Drake & Josh Fairly Odd Parents GLAAD Media Awards Greatest TV Quotes and Catch Phrases Hi-Jinks I Pity the Fool Jack's Big Music Show Laguna Beach

6/11/2008 HIGHLY CONFIDENTIAL BAYTSP 001093518

A-593
Naked Brothers Band Noah's Arc Real World Sit Down Comedy with David Steinberg South of Nowhere Spongebob Squarepants Ho~an Knows Best TV Land Myths and Legends TV Land Present the 100 VMA Awards Wonder Pets Zoey 101 TOTAL MySpace Results Content Provider Country Music Television Asset CMT Music Awards Country Fired Home Videos Crossroads Foxwothy's Big Night Out Trick My Truck South Park The Colbert Report The Daily Show Carpocalypes King of Vegas Most Xtreme Challenge Pros Vs Joes Total Nonstop Action Ultimate Fighting Championship Viacom Andy Milonakis Avatar the Last Airbender
Backvardi~ans

0 0 0 0 0 0 0 0 0 0 0 15

0 0 0 0

7
16

2
0

21
0 0 0 0 0 0 0

28
0 0 0 0 0 0

23
555 Passed On

22
Episodes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Clips

36

0 0 0 0 0

0 0 0 0 0

Comedy Central

7
0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

27
0 0 0 0 0 0 0 1 0 0 1 0 0 0 1 0 1 0 0 0 0 0 1 0 1 0 0 0

SpikeTV

Beyond the Break Blue's Room Can't Get A Date Degrassi Diego Dora The Explorer Drake & Josh Fairlv Odd Parents GLAAD Media Awards Greatest TV Quotes and Catch Phrases Hi-Jinks I Pity the Fool Jack's Big Music Show Laguna Beach Naked Brothers Band Noah's Arc Real World Sit Down Comedy with David

6/11/2008 HIGHLY CONFIDENTIAL BAYTSP 001093519

A-594
Steinberg South of Nowhere Spongebob Squarepants Ho~an Knows Best TV Land Myths and Legends TV Land Present the 100 VMA Awards Wonder Pets Zoey 101 TOTAL Google Video Results Content Provider Country Music Television Asset CMT Music Awards Country Fired Home Videos Crossroads Foxwothy's Big Night Out Trick My Truck South Park The Colbert Report The Daily Show Carpocalypes King of Vegas Most Xtreme Challenge Pros Vs Joes Total Nonstop Action Ultimate Fighting Championship Viacom Andy Milonakis Avatar the Last Airbender Backyardigans Beyond the Break Blue's Room Can't Get A Date Degrassi Diego Dora The Explorer Drake & Josh Fairly Odd Parents GLAAD Media Awards Greatest TV Quotes and Catch Phrases Hi-Jinks I Pity the Fool Jack's Big Music Show Laguna Beach Naked Brothers Band Noah's Arc Real World Sit Down Comedy with David Steinberg South of Nowhere Spongebob Squarepants Ho~an Knows Best 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 Clips 0 0 0 0 0 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
2 2

0 0 0 0 0 0

o
Episodes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0

37
Passed On 0 0 0 0 0 34 41 19 0 0 0 0

Comedy Central

SpikeTV

8
0 0 0
2

0 0 0 0 0 10 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0

6/11/2008 HIGHLY CONFIDENTIAL BAYTSP 001093520

A-595
TV Land Myths and Legends TV Land Present the 100 VMA Awards Wonder Pets Zoey 101 TOTAL Yahoo Video Results Content Provider Country Music Television Asset CMT Music Awards Country Fired Home Videos Crossroads Foxwothy's Big Night Out Trick My Truck South Park The Colbert Report The Daily Show Carpocalypes King of Vegas Most Xtreme Challenge Pros Vs Joes Total Nonstop Action Ultimate Fighting Championship Viacom Andy Milonakis Avatar the Last Airbender Backyardigans Beyond the Break Blue's Room Can't Get A Date Degrassi Diego Dora The Explorer Drake & Josh Fairly Odd Parents GLAAD Media Awards Greatest TV Quotes and Catch Phrases Hi-Jinks I Pity the Fool Jack's Big Music Show Laguna Beach 0 0 0 0 0 17 Episodes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Clips 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 115 Passed On 0 0

4
0 0

Comedy Central

79 33 1
0 0 0 0 0 0 0 0 0 0 0 0 7 0 0 1 0 0 0 0 0 0 0

SpikeTV

0 0 0 0 0

Naked Brothers Band Noah's Arc Real World Sit Down Comedy with David Steinberg South of Nowhere Spongebob Squarepants Ho~an Knows Best TV Land Myths and Legends TV Land Present the 100

0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0

0 0 0 0 0
2

1 0 0

6/11/2008 HIGHLY CONFIDENTIAL BAYTSP 001093521

A-596
VMA Awards Wonder Pets Zoey 101 TOTAL 0 0 0 2 0 0
2

o

2 0 0 130

P2P (Not sent)

Content Provider Country Music Television

Asset CMT Music Awards Country Fired Home Videos Crossroads Foxwothy's Big Night Out Trick My Truck South Park The Colbert Report The Daily Show Carpocalypes King of Vegas Most Xtreme Challenge Pros Vs Joes Total Nonstop Action Ultimate Fighting Championship Andy Milonakis Avatar the Last Airbender Backyardigans Beyond the Break Blue's Room Can't Get A Date Degrassi Diego Dora The Explorer Drake & Josh Fairly Odd Parents GLAAD Media Awards Greatest TV Quotes and Catch Phrases Hi-Jinks I Pity the Fool Jack's Big Music Show Laguna Beach Naked Brothers Band Noah's Arc Real World Sit Down Comedy with David Steinberg South of Nowhere Spongebob Squarepants Hogan Knows Best

Gnutella 0 0 0 0 0 72 0 6 11 0 0 0 0 3 0 4 2 0 0 0 4 0 10 0 23 0 0 0 0 0 43 0 0 0 0 1 6 0

eDonkey 3 0 5 0 2 0 0 0 0 0 3 0 0 282 18 0 0 6 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0

BitTorrent 0 0 0 0 0 6472 287 230 0 0 0 0 0 0 0 74 0 0 0 0 0 0 468 0 0 0 0 0 0 0 0 0 0 0 0 51 41 3

Comedy Central

SpikeTV

Viacom

0 0 1 81

6/11/2008 HIGHLY CONFIDENTIAL BAYTSP 001093522

A-597
Breaking Bonaduce VMA Awards Wonder Pets Zoey 101 Total

0 8 0
18 211

0
134

0 0 537

0 0 0 0 7626

Sarah Cruz Client Services 8ayTSP, Inc.

6/11/2008 HIGHLY CONFIDENTIAL BAYTSP 001093523

A-598

Schapiro Exhibit 63

A-599

From: Sent: To: Subject:

Tipton, Kristina - Paramount [[e-mail]] Wednesday, February 28,20073:56 AM Courtney Nieman RE: Paramount Marketing

Hey Courtney, Just wanted to let you know that I'm still working on pulling together all our usernames and content. I'll have my big and informative email to you tomorrow:) Have a good night! Kristina Tipton Paramount Pictures Interactive Coordinator, Promotions & Publicity 323-956-8453 -----Original Message----F r o m : Courtney Nieman [mailto:[e-mail]] Sent: Tuesday, February 27, 2007 9:41 AM To: Perry, Alfred - P a r a m o u n t ; Salter, John - P a r a m o u n t Cc: Mark M. Ishikawa; Evelyn Espinosa; Tipton, Kristina - P a r a m o u n t Subject: Paramount Marketing AI, I just finished a wonderful conversation with Kristina Tipton. We discussed how Amy is doing the "viral" marketing and came up with these ground rules ... 1. Do not remove anything posted by an approved Paramount Account (Kristina to provide) 2. Do not remove anything reposted by another account that matches something from Rule 1. 3. Remove anything that "misuses" e d i t e d clips, DVD materials Paramount material in a negative way; mash-ups, re-

4. If Paramount Marketing does anything in the P2P world, they will try to send us the file so we can watch for it and treat it like "interdicted" material if possible. 5. If a "late" or "surprise" marketing action is taken, Paramount Marketing will make an effort to notify BayTSP to prevent any accidental enforcement action against this material. Kristina is in the process of putting together materials that BayTSP will use to "filter" out the