Viacom International, Inc. v. Youtube, Inc.

Filing 389

SUPPLEMENTAL APPENDIX, (Volume II), on behalf of Appellant Black Entertainment Television, LLC, Comedy Partners, Country Music Television, Inc., Paramount Pictures Corporation and Viacom International, Inc., FILED. Service date 04/28/2011 by CM/ECF. [276187] [10-3270]--[Edited 04/29/2011 by DH]

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SJA-386 Case 1:07-cv-02103-LLS Document 201-4 Highly Confidential Filed 03/18/10 Page 2 of 3 GOOOOI-00744146 SJA-387 Case 1:07-cv-02103-LLS Document 201-4 Highly Confidential Filed 03/18/10 Page 3 of 3 GOOOOI-00744147 SJA-388 Case 1:07-cv-02103-LLS Document 201-5 Highly Confidential Filed 03/18/10 Page 1 of 3 GOOOOI-00744148 SJA-389 Case 1:07-cv-02103-LLS Document 201-5 Highly Confidential Filed 03/18/10 Page 2 of 3 GOOOOI-00744149 SJA-390 Case 1:07-cv-02103-LLS Document 201-5 Highly Confidential Filed 03/18/10 Page 3 of 3 GOOOOI-00744150 SJA-391 Case 1:07-cv-02103-LLS Document 201-6 Highly Confidential Filed 03/18/10 Page 1 of 2 GOOOOI-00744151 :z: I\) "'"" f-' "' 01 -.J o o I f-' o o o Speaker Notes Slide: 26 Talking point: Light comedy is Okay. Raunchy/dirty video maybe Restrict. Speaker Notes Slide: 25 Not innocently posted by predators Speaker Notes Slide: 15 Innocently posted that could be dangerous Speaker Notes Slide: 14 Dost - a case that went to Supreme Court, standard test/factors you can use to help you define child pornography Speaker Notes Slide: 13 Not innocently posted by predators Case 1:07-cv-02103-LLS Document 201-6 § ~ 1-'. rt ::s ~ 1-'. Hl ::s o () ~ ~ 1-'. SJA-392 Filed 03/18/10 Page 2 of 2 SJA-393 Case 1:07-cv-02103-LLS Document 201-7 Filed 03/18/10 Page 1 of 9 <~ 0 y{.r,,; Cl,,~ ~) <:( 0. ::J a (f) ;;.,......~ l' ".~ '",/ {;; (...) {) ;;.?- f"> 4/ f..·.".. · r.v..vJ' f"""'''t. (J) y""> '",,,,,/ <4........6 v_~ ..,,,,,,,,,. ~""..,;.J' ;/'" l .... ~,,, ~..~ :~::::: """p ~ /"'...~ ......~./ ~."" (~'/,; ~,,,.r. tD 1'~ ,,;,~, ,~,,7- ?(Q ~'tj: '7"< <,,/ (1) C ~4.: v,"Y ..: .... 'T,h,,,, CD (j) ~ ~ C 0 0 CD .,Q :J t-- , ." ~". ,-r.-, ~kJ ¥~ w~ '''-rJ c;: r~~ ~/'''~ ~~~ {'{;> ''''''{ ".,p r~ ~I'/;;' :J 0 ;/?"~t. .4". . . ....: >:1.4.-"'" >- (D (t5 Ifjf~ ~/%~ 0/\ TE S? I 2, . () '2 DEPO\,iI:~T:,!.[{ I ;:::;:-r;-I;-) c· l.h't: (! "'" EXHIBiTii 1 tfEA 11-f£:fL CASE: Viacol11. et al.. v. YouTuoe. Cl ai.. The Footba Association Premier League. et al.. v. YouTubc. Cl al . Case Nos. 07-CV-2203 alld 07-CV-3582 A. Ignacio Howard. CLR. RPR. CSR '\]0. 9830 = C) >Highly Confidential GOo001-00044974 SJA-394 Case 1:07-cv-02103-LLS Document 201-7 Filed 03/18/10 Page 2 of 9 ! I f ! I f f I { \\ \, \ ) Highly Confidential GO0001-00044975 =: 0'\ -.J 10 ",. ",. o o o I i-' o o 66,182 videos removed for copyright in April 2007 e ~~ t;:"'~l ~ ~\.\.... ~.§:~ ~ §.''\ ,,,~~ ,....~,...''\s....)"..''\ • Using the Content Verification Program's tool (CVP) • Mail or fax (not desirable) ~~:~~:,h:~~~. ~"t~!I. J"~. ~~:,,,~:1:~,h!. ~~~~. ~~~. ~~~. ~~~~.h:~.L . ~"i ,,,~~,,\~ ~'~.",~ Notifying YouTube of infringement: ' . ,. .''t', . "",,- ,!: ., • Emal'I t 0 .,.". 50 minute average TAT during business hours e • 2417 coverage of copyright queues Responsiveness: You '{,:t{r ut)'.:: C~~ntidt.~ntia: Best Practices: Copyright Compliance '--....:.-,;/' c:lnd Pn)pri€:t~~;y Case 1:07-cv-02103-LLS Document 201-7 8 ~ 1-'. ~ ~ 1-" ~ n o ~ '< 1-" \ SJA-395 Filed 03/18/10 Page 3 of 9 ::z:: \0 -.J -.J II> II> o o o I i-' o o .: .. . . ...... ... . . . ·hs· ::. ~. :...~:.; You YouTU~)i2: CGnt!di~ntlal ;:\n(~ r':ropriE:tmv The best way to report infringing content Great for companies with large amounts of content Anyone can sign up fror-n search results Report infringement directly Program * Content Verification Compliance o,,~. ,:'~, ~:..:~ '~",:",; ~: ~ ~. ~ii!fjfiii~_!~I~~Jl~~~:~~·dt¢~PI,,@,;.q! . ~. y6Li~l~.tf.J$.Q\Nn~:ti.clran~gehtaijttiofi~~p.·t()~i:t:Orib:~~alfof1fie'pwnfjltor~tl·· ar~st~iihg0NqEIRP§NAFY9FP$·RJyR~th~( P.~ry9Ur§g~ee !n~i1tWttttYquJ:9b~.,P.leaseret11~mb.er tha.tbYf.la·@lngthese.videos,yqu filtimi~1~ifli~f!ti~!f;11~~ii~~!~~*1~~~,~r O¢Ht~ht Vetif!:c8,U9tJT'9PF: Case 1:07-cv-02103-LLS Document 201-7 8 o ~ ~ t", !5' )-', ~ (') I.q ~ )-', SJA-396 Filed 03/18/10 Page 4 of 9 SJA-397 Case 1:07-cv-02103-LLS Document 201-7 Filed 03/18/10 Page 5 of 9 m ~ ~ m ~ c m ., W ~ c (1) ~ c 0 0 !III lII! (I) G) U 111~ U m ~ CL ~ fA (I) ,c"," III Highly confidential GO0001-0004497B 10 -J 10 01:> 01:> o o o I i-' o o o You gnd 'll~\ '(OtIT tJb~: CGntidt~nttW F-'r('~priE:W;Y - Child pornography is typicaUy flagged and removed within minutes of being uploaded - Pornography is typically flagged and removed within the first 100 views - 75 ~1(, of all flagged videos are reviewed within three minutes - 19,000 videos flagged per day - All flagged videos are reviewed by SQUAD 24/7 • Flagging Videos Best Practices: Community Policing Case 1:07-cv-02103-LLS Document 201-7 § r:. 1-'- rt- It I:l n o f!n 1-'- '<:l ~ 1-'- := SJA-398 Filed 03/18/10 Page 6 of 9 o o 10 rt> o ... ... o o .... I o Digital hashing (MD5) duplicate detection Can only be viewed by registered users 18 and older e • Videos involving children are never restricted • Does not appear in Browse Pages or receive "Honors" @ You YOl{rubi.:~ C~:ntldsnt:~!: - Three strikes results in termination and email address is banned Approve, restrict, reject, or reject with strike Restricted content: @ $ Admin actions on flagged videos: What Happens to Reviewed Content and Pn)pli~:tmv Case 1:07-cv-02103-LLS Document 201-7 8 o ~ ' rt .. ~ 1-', ~ jj o o '"< ~ f-'. II: SJA-399 Filed 03/18/10 Page 7 of 9 SJA-400 Case 1:07-cv-02103-LLS Document 201-7 Hig~y Confidential Filed 03/18/10 Page 8 of 9 GO0001-00044981 [\) "' 10 "'"" co o o o 1 I-' o o Speaker Notes Slide: 7 Restrict means for mature audiences only. When a video is restricted we do not allow it to show on our "honors" pages. MD5 only catches exact duplicates. Any change in file size will not match and therefore won't get caught. Here are some common-sense rules that will help you steer clear of trouble: YouTube is not for pornography or sexually explicit content. If this describes your video, even if it's a video of yourself, don't post it on YouTube. Also, be advised that we work closely with law enforcement and we report child exploitation. Please read our Safety Tips and stay safe on YouTube. Don't post videos showing dangerous or illegal acts, like animal abuse, drug abuse, or bomb making. Graphic or gratuitous violence is not allowed. If your video shows someone getting hurt, attacked, or hum iliated, don't post it. YouTube is not a shock site. Don't post gross-out videos of aCCidents, dead bodies and stuff like that. This includes war footage if it's intended to shock or disgust. Respect copyright. Only upload videos that you made or that you have obtained the rights to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without their permission. Read our Copyright Tips for more information. We encourage free speech and defend everyone's right to express unpopular points of view. But we don't permit hate speech which contains slurs or the malicious use of stereotypes intended to attack or demean a particular gender, sexual orientation, race, religion, or nationality. There is zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from YouTube. Don't try to cheat the system. No gamed thumbnails, spamming tags, or creating dummy accounts that do things a human wouldn't do. Speaker Notes Slide: 5 Sexually Explicit content, Graphic Violence, Hate Speech, certain dangerous or illegal acts, etc. Speaker Notes Slide: 4 Company's name will be identified on the down page (same for non-CVP as well) If you look at our numbers about 80% of all videos come down using this tool. We are currently working on an awareness campaign to let the public and content owners know about this tool. Counter Notices, protecting partner content, importance of countering to remove strikes Copyright Notice link also has application for CVP 2,192 DMCA removals for all other Google products combined in April 2007 Speaker Notes Slide: 3 Speaker Notes Slide: 2 Content SQUAD is YouTube's ConOps team Policy - Content Policies, Legal Compliance, Law Enforcement relations, etc. Abuse - Harassment, privacy, (child) safety, through email and Live Site escalations Copyright, Live Site and User Support via email (our focus) Google Video - still doing content review, copyright enforcement, user support, etc. - Sunsetting - i've heard that the purchasing part of gv will go away around 6/10 - video search launches on 5/16, and no real sunset date for Google Video uploads. Gut feeling is Q3. Case 1:07-cv-02103-LLS Document 201-7 8 o ~ f-'. rt § f-'. ~ n o ~ !.<: f-'. == '. SJA-401 Filed 03/18/10 Page 9 of 9 SJA-402 Case 1:07-cv-02103-LLS Document 208-32 To: From: Cc: Bcc: Received Date: Subject: Filed 03/18/10 Page 1 of 4 .:deun@google.com:: "David Eun" <deun@google.com> .:sreider@google.com:: "Suzie Reider" <sreider@google.com> 2007-09-1405:58:37 CST Fwd: Bloom with Uma Fwd: In Bloom with Uma Thurman thanks for putting so much into this explanation. much into this explanation. no - not a good path for us to go down. down. i thought today was good. a strong start and chad has turned a corner - he thought today was good. a strong start and chad has said two things today: playbacks of partner content are what matters and things today: playbacks of partner content the OKRs need to be company wide and serve many departments. think last Nov. you are chad, your head is spinning if we think back to last Nov. you are chad, your head is spinning and Eric Schmidt, CEO of the most powerful company in the world tells you your only powerful company in the world Schmidt, grow playbacks to 1 B/day.... that's what you do. we've come a focus is grow playbacks to 1 B/day .... that's what you do. we've come a long with a long way go... long way - with a long way to go ... but it feels different these past few like people are aligning. good. interested in your months - like people are aligning. its good. interested in your thoughts when i see you next. next. ---------- Forwarded message ---------From: David Eun <deun@google.com> From: David Eun .:deun@google.com:: Date: Sep 13, 20072:59 PM Date: Sep 13, 20072:59 PM Subject: Re: In Bloom with Uma Thurman Subject: Re: To: Tim Armstrong <tim@google.com> To: Tim Armstrong .:tim@google.com:: Cc: Megan Smith <megans@google.com>, Dylan Casey <dcasey@google.com>, Ash Cc: Smith .:megans@google.com::, .:dcasey@google.com::, Eldifrawi <ashe@google.com>, Chad Hurley <chad@youtube.com>, Steve Chen < Eldifrawi .:ashe@google.com::, Chad Hurley .:chad@youtube.com::, Steve Chen.: steve@youtube.com>, Suzie Reider <sreider@google.com>, Jordan Hoffner < steve@youtube.com::, .:sreider@google.com::, Jordan Hoffner.: jhoffner@google.com::, Kevin Donahue .:kevin@youtube.com:: jhoffner@google.com>, Kevin <kevin@youtube.com> (- Mark Cuban; + Suzie Reider; + Jordan Hoffner; + Kevin Donahue) Cuban; + + + Kevin Donahue) (Pis note all numbers are confidential) all Tim, We've been talking to Mark's company for a while now about partnering with been for a while now about partnering YT (emphasizing promotional benefits with a branded partner channel) and (emphasizing there hasn't been that much receptivity. He's also been one of the most been that much receptivity. He's also been one of the most YT in vocal, if not the most vocal critic, of YT in the press and even on Capital vocal, Hill. HilL. We're happy to engage with him, but we would not be inclined to "license" happy him, but we would not be inclined "license" anyone movie. IfIfyour team thinks there's a big revenue opportunity with anyone movie. your team thinks there's a big revenue opportunity ads or a sponsorship, then we'd be happy to pursue a partnership and add a sponsorship, then we'd extra promotional value could layer of extra promotional value (the value of which could be quantified for him). That said, our approach generally is not to pay for any content him). That said, our approach generally is upfront but instead to offer very generous revenue sharing to align revenue sharing instead and still interests and recognize the still nascent stages of our ability to monetize. While I'm sure Mark's movie must be great, there are close to 50mm different videos on YT today. videos on YT today. And if we wanted to pay for content, we could get much if we wanted pay for content, more. In other words, the challenge appears to be more in launching more. In other words, the challenge appears to be more in launching monetization of the inventory we have vs. acquiring more inventory. have more inventory. In fact, we're closing about In fact, we're closing about 30 premium partnerships and over 200 torso Highly Confidential Highly Confidential GOOOOI-02021241 SJA-403 Case 1:07-cv-02103-LLS Document 208-32 Filed 03/18/10 Page 2 of 4 (smaller niche content providers) every quarter in the US alone. We've (smaller niche content providers) every quarter in the US alone. We've qualified HDNet as a potential premium partner so he would get a lot more attention and support than a standard torso partner. We've been pushing all support than a standard torso partner. We've been pushing all these deals by creating scaleable partnership approaches to access content in the face of a company-wide goal of 1 BB views/day. This by definition 1 BB views/day. This by definition in the limits the number of one-off, manually intensive promotions we can do. It one-off, intensive promotions we can do. It is also a purposeful shift away from a traditional media business model from traditional media where aggregators license content from studios in the hopes of making a studios profit from ad revenues. profit from ad In addition to our large number of partnerships, we are also getting close partnerships, to to 300k uploads/day. This means that the diversity of content and sources uploads/day. This means that the diversity of content and sources of content continues to expand, so we are not dependent on anyone type of to expand, so we are not dependent on anyone content or anyone supplier of content ( e.g., when Viacom took down all anyone supplier of content ( e.g., when Viacom took down all their clips, our traffic didn't slow down in any noticeable way). clips, slow down in any noticeable way). outside One question for us is: given that +70% of YT traffic is from outside the US is: given that +70% and spans multiple languages, when do we think there will be enough revenues for from one specific title or slate of titles for us to start licensing content specific licensing from one specialty provider of content in the US or any other country? from for this one indie And if we're open to doing this, why do it for this one indie movie vs. a open doing this, top tier blockbuster from a large studio with worldwide appeal? We get from studio with worldwide appeal? approached all the time by the studios to subsidize production and/or buy andlor out a window. For example, Lionsgate approached us about buying a slate of window. of approached us about buying movies to create a new distribution window as they re-negotiate their pay-TV output deals. We told them we we're open to it but that it was still a bit output deals. We told them we we're open to it but that it was still early as we were just launching our monetization efforts. find it interesting So, the answer to your question about whether we find it interesting is: a qualified yes. We are definitely interested in working with Mark and would yes. We are definitely interested in working with Mark and be prepared to support any sales initiative your team might want to take team around this. However, we would not be inclined to change the business model this. However, we would inclined to change we've established in the industry to getting access to content. The concept in industry to getting access to content. The of a "day and date" release is something that traditional media is obsessed release is with but our viewing patterns indicate the total life of a window is likely is likely more important that when a title first becomes available. Would still be that when title first becomes available. Would still interesting to test though. Btw, we've had discussions within YT about one day having content owners pay Btw, us (instead of us paying them) by buying promotional units and/or (instead paying them) buying andlor advertising to help launch a movie, given our huge audiences. In fact, Mark advertising to help launch a movie, given our huge audiences. fact, may be able to drive more ticket sales and viewing of his movie by can do very easily establishing a promotional channel on YT, which we can do very easily today, YT, establishing and by buying keywords of course. course. Copying others who've been closer to the discussions with Mark's company, Mark's company, including Kevin Donahue who will take the lead once Mark confirms his including Kevin Donahue who will take the contact at HDNet. HONe!. Thanks, Dave On 9/13/07, Tim Armstrong <tim@google.com> wrote: 9/13/07, Tim .:tim@google.com:: :: > :: > Mark:: > > (Googlers: David Eun - head of content 1 Megan Smith - head of bus dev 1 :: (Googlers: David Eun - head of content I Megan Smith - head of bus dev I Highly Confidential G00001-02021242 GOOOOI-02021242 SJA-404 Case 1:07-cv-02103-LLS Document 208-32 Filed 03/18/10 Page 3 of 4 ;: I > Ash - head of brand ads 1 YouTube - Chad and Steve) - Chad Steve) ;: > ;: all is well. This interesting idea. > Hope all is well. This sounds like a really interesting idea. Here is > what we would need to think about the opportunity and come to a quick ;: > outcome: ;: ;: > > 1. Content overview of the movie (for David Eun's team - content team & David Eun's ;: > YouTube) ;: ;: > > 2. Potential launch dates (so we know how long we have to sell) how long we have sell) ;: 2. Potential launch ;: > > 3. Any unique ad opportunities we can run on 1with the movie run ;: 3. ad I ;: > ads spots that we can run > If you throw in some HDNet TV ads spots that we can run through GoogleTV, ;: > it would make it more interesting. Launching a day and date would certianly date would certianly ;: it would make it more interesting. Launching ;: > raise some eyebrows.......... eyebrows .......... ;: > > On our end, I would suggest David Eun play point with his team. Mark;: end, would suggest David Eun play point with his team. > who would be the "In Bloom" lead for you? Let's get a call scheduled if ;: would the "In Bloom" lead for you? Let's get a call scheduled > people agree this is interesting -- T A agree this is interesting T ;: ;: > > On 9/13/07, Mark Cuban .:mark.cuban@dallasmavs.com ;: wrote: <mark.cuban@dallasmavs.com > ;: 9/13/07, ;: » ;: »Tim ;:;:Tim > ;: This is a great movie we are distributing. are distributing. ;: > ;: » ;: > ;: We have 4mm net revenue number left to hit (its a 12mm budget movie). have net revenue number left to hit (its budget movie). ;: > ;: » ;: > ;: We would consider doing this day and date with Google if you could ;: > > ;: guarantee ;: > > ;: us the 4mm nut...Yousell enough ads around it, we set the movie world ;: > the 4mm nut.You sell enough ads around it, we set the ;:;: > > on ;: > fire ... > ;: fire... ;: » ;: > ;: Any interest at all ? ;: > interest at all? ;: » ;: ;:;:M »M ;: » ;: ;: » ;: ;: » ;: ;: » ;: ;: » ;: ;: » ;: ;: » ;: » ;: ;: > ;: This email may contain material that is PRIVILEGED and CONFIDENTIAL for ;: > email may contain material that is PRIVILEGED and > ;: the sole use of the intended recipient. Any review, reliance or distribution review, reliance ;: > > ;: by others or forwarding without express permission is strictly prohibited. without express permission is strictly ;: > > ;: If you are not the intended recipient, please contact the sender and delete recipient, ;: > ;: > all > ;: all copies. ;: » ;: ;: » ;: ;: » ;: ;: > David David Eun Highly Confidential Highly Confidential GOOOOI-02021243 SJA-405 Case 1:07-cv-02103-LLS Document 208-32 Filed 03/18/10 Page 4 of 4 NY: 212-565-8070 NY: 212-565-8070 CA: 650-253-1993 CA: 650-253-1993 ============================= "CONFIDENTIALITY. privileged. If you "CONFIDENTIALITY. This email may be confidential or privileged. If you received by mistake, please don't forward it to anyone received this communication by mistake, please don't forward it to anyone else, please erase all copies and attachments, and please let me know that else, please erase all copies and attachments, and please let me know that it went to the wrong person. Thank you. "" wrong person. Thank you. Suzie Reider Suzie Reider YouTube 1000 Cherry Ave 200 1 000 Cherry Ave Suite 200 - 94066 San Bruno, CA 94066 Highly Confidential Highly Confidential GOOOOI-02021244 G00001-02021244 SJA-406 Case 1:07-cv-02103-LLS Document 208-34 To: <yoojung@google.com>, <hgillette@google.com>, From: Cc: Bcc: Received Date: Subject: Filed 03/18/10 Page 1 of 4 =?EUC-KR?B?WW9vanVuZyBLYW5nILCtwKlBpCDLrOrz79Q=?= "Murray Fitzpatrick' <mfitzpatrick@google.com>, "Heather Gillette" "veedub@google.com" <veedub@google.com> "justing@google.com" <justing@google.com> 2006-12-20 03:55:06 CST Re: DMCA Help Center content Hi Yoojung, Here are my notes on these items: 1. Do I retain copyrights..... ? - Yes, keep this, but we need to modify the response to point to the YouTube TaU. 2. How can I tell if a video is copy protected? - No, we don't need this we don't use DRM. 3. Copyright Notice -I don't think we need a notice of who owns the YouTube interface/software, it will just cause confusion from users looking for other Copyright info. 4. What if I have been falsely accused of copyright infringement? - Yes, we need the response to point to the YouTube OMCA policy pagehttp://www.youtube.com/t/dmcaJJolicy 5. What should I do if I don't have the rights .... ? - Yes, we need this response, as well as possibly other questions leading to this response page (such as "Can I post ?") Our canned response for these questions is: "We're glad you take copyright laws seriously - YouTube does too. In general, you must be certain that your video does not infringe someone else's copyright before you upload it to our site. We cannot make this determination for you, it's your responsibility to know the rules, but we suggest you refer to our Copyright Tips at http://www.youtube.com/t/howto_copyright. where we've provided some guidelines and links to help you determine whether your video infringes someone else's copyright. u 6. How do I report copyright infringement? - Yes, obviously. I like the language about contacting the person who posted it, but we should talk about whether we want to keep that (or just direct to the OMCA page). My vote would be yes, keep it (it will discourage unauthorized persons from emailing about infringement, hopefully). 7. What is your policy on copyright infringement? -It would be nice to post our "policy" but we need to write something up first. We can't keep the Google response because it implies pre-screening of material, which we aren't doing. I would like to make this as detailed as pOSSible, with approval. 8. What is public domain? - we need to decide whether or not we want to put info like this into our help center.... Also "What is fair use? Isn't this fair use" etc. 9. Is my video copyrighted? - The Google response to this is confusing, I think. This could be seen as two different questions - A.) Is the content DATE: ~·I 2... O't DEPONENT' EXHlBIT# ID GW..-t1fE; ~TH87 __ CASE: Viacom. et al.. v. YouTubc. et al.. The Football Association Premier League. et al.. v. YouTube. ct al.. Case Nos. 07-CV-2203 and 07-CV-3582 A. Ignacio Howard. CLR. RPR. CSR No. 9830 Highly Confidential GO0001-01271624 SJA-407 Case 1:07-cv-02103-LLS Document 208-34 Filed 03/18/10 Page 2 of 4 I'm trying to upload already copyrighted? (meaning: can I post _ _ ?) or B.) Is my originally produced content that I have uploaded onto YouTube now protected by copyright? (meaning: "Do I retain copyrights? above) Maybe we could give an interstitial re-direct answering these two questions separately? Or just rephrase the question(s) ... More questions: Privacy/trademark/abuse/harassment - we need to finalize our policies on these items before we can incorporate them into a Help Center. 1. Why did you remove my video when there are similiarlidentical videos that remain on the site? (Do we want to publicly acknowledge this 'issue'?) A: When we are notified or otherwise become aware that a particular video uploaded to our site infringes another's copyright, we respond promptly, as the law requires. If there remain videos on the site that appear similar to the one(s) we've removed, we are likely either not aware of them or do not have reason to believe they are infringing. Sometimes a copyright owner authorizes some, but not all, of its works to appear on our site. Other times, very similar videos are owned by different copyright owners, and one may grant permission while another does not. Please check out our Copyright Tips at http://www.youtube.com/tlhowto_copyright. where we've provided some guidelines to help you determine whether your video infringes someone else's copyright. 2. I bought that video myself, why did you remove it? or I recorded that video myself, how can it be copyright infringement? or I made those AMVs myself, how can it be copyright infringement? A: Recording a television show, sporting event, or concert on your video recorder doesn't necessarily mean that you own all necessary rights in that video to upload it to our site. This is true even if the event or show you record is open to the public. For example, you may be able to a video tape a professional sporting event, but the league or owner of the professional event is generally allowed to control who captures images of that event and how they are distributed, including digital recordings and photographs. Similarly, video taping a concert of your favorite band does not necessarily give you the right to reproduce and distribute the video images of the band or the music captured in that video without permission from the music publisher (who represents the song writer). Often times, these videos were captured against the rules of the venue or sporting arena in which the event took place, and someone specifically owns the exclusive right to distribute video of that event and/or the accompanying audio track. The phrase "derivative works· refers to creations such as remixes, where you might take images or sound from a recording and edit it into something new. Although the new video is your own creation, the images and sound you've used still belong to someone else. It doesn't matter if you recorded it for free from television, purchased a OVO, or recorded it yourself at an event-you still need permission from the copyright holder(s) of the material you drew upon to make your new creation. Highly Confidential GO0001-01271625 SJA-408 Case 1:07-cv-02103-LLS Document 208-34 Filed 03/18/10 Page 3 of 4 '. It may seem confusing that you could record something yourself and still not own the rights to it, but this is the way US law is written. Please refer to our 'Copyright Tips' at http://www.youtube.comJtJhowt030pyright where we've provided some guidelines and links to help you determine whether your video infringes someone else's copyright. If you have any questions about the rules to which you agreed when you became a member of YouTube, please refer to our Terms of Use located at http://www.youtube.comltlterms. 3. Can I download this video? A. YouTube does not allow downloading of videos at this time. I'm sure there is and will be more we can add to this.... Let's talk more at the meeting tomorrow! :) Thanks again, Justin On 12119/06, Yoojung Kang ??? ??? <yoojung@google.com>wrote: > > Hi Justin, > > Could you review the below content and confirm that those are also needed > in the YT help center? Please feel free to add any content you think that it > is necessary. . > > *Copyright* > > - Do I retain copyrights and other legal rights to my video? > <http://video.google.com/supportlbinlanswer.py?answer=26612&topie=8707> > - How can I tell if a video is copyprotected?<http://video.google.com/supportlbinlanswer.py?answer=32207&topie=8707> > - Copyright Notice > <http://video.google.com/supportlbinlanswer.py?answer=32185&topie=8707> > - What if I have been falsely accused of copyright infringement?<http://video.google.com/supportlbinlanswer.py?answer=26619&topie=8707> > - What should I do if I don't have rights to the video I uploaded? > <http://video.google.comJsupport/binlanswer.py?answer=26617&topie=8707> > _ How do I report copyright infringement?<http://video.google.com/supportlbinlanswer.py?answer=26614&topie=8707> > - What is your policy on copyright infringement?<http://Video.google.com/supportlbinlanswer.py?answer=26613&topie=8707> > - What is Public Domain? Highly Confidential GO0001-01271626 SJA-409 Case 1:07-cv-02103-LLS Document 208-34 Filed 03/18/10 Page 4 of 4 '. > <http://video.google.com/supportlbinlanswer.py?answer=47712&topie=8707> > -Is my video copyrighted?<http://video.google.com/supportJbinlanswer.py?answer=47711 &topic=8707> > > http://video.google.com/supportJbinltopic.py?topic=870r > > Privacy* > > - Google Video Player Privacy Notice<http://video.goagle.com/support/binlanswer.py?answer=32170&topie=8708> > - Does Google track the content I search for?<http://video.google.com/supportlbinlanswer.py?answer=26549&topie=8708> > - How do I report invasion of privacy? > <http://video.google.com/support/binlanswer.py?answer=26620&topie=8708> > > http://video.google.com/supportJbinltopic.py?topie=8708 > > Please let me know ASAP. > > Thanks, > > > On 12118/06, Yoojung Kang ??? ??? < yoojung@google.com > wrote: » > > Hi Justin, » > > This is Yoojung Kang. I am going to work on creating the YT Help Center. > > I would like to know more details about the DMCA help center content. » > > 1. What questions are most frequently asked by users? > > 2. What content should be included? » > > Could you let me know until Wed. please? » > > Thanks, »> > Yoojung > > > > > -> Yoojun Highly Confidential GOo001-01271627 SJA-410 Case 1:07-cv-02103-LLS Document 208-48 Filed 03/18/10 Page 1 of 3 To: "Misty -:mistye@google.com;,, "Maryrose Dunton" To: "Misty Ewing-Davis" Ewing-Davis" <mistye@google.com>, "Maryrose Dunton" <maryrose@youtube.com> -:maryrose@youtube.com;, From: "veedub@google.com" <veedub@google.com> From: "veedub@google.com" -:veedub@google.com;, Cc: Cc: "Julie Havens" "Julie Havens" <jhavens@google.com>, "Community YT Group" -:jhavens@google.com;,, "Community YT Group" • • • • • • • • • • • "Mia Quagliarello" -:mquagliarello@google.com;,, "Damien Estreich" "Mia Quagliarello" <mquagliarelio@google.com>, "Damien Estreich" <estreich@youtube.com> -:estreich@youtube.com;, Bcc: Bcc: Received Date: 2007 -07 -18 19:05: 13 CST 2007-07-1819:05:13 CST Received Date: Subject: Re: [Ytcommunity] Re: Private videos Re: (YtcommunitYJ Re: Private videos Subject: Adding MR, who should able to solve the mystery. think she's PMing Adding MR, who should be able to solve the mystery. I Ithink she's PMing this feature. this feature. What heard is the same as what Misty and Julie are saying we limited the What II heard is the same as what Misty and Julie are saying -- we limited the Private Share functionality because the general YT policy has shifted Private Videos Share functionality because the general YT policy has shifted to be, "Never police anything pro-actively, all content reviews should be be, "Never police anything pro-actively, all content reviews should be That's my paraphrasing of it, but that's why we no use the reactive." That's my paraphrasing of it, but that's why we no use the Private Videos review queue in Admin -- now we only review private videos if review Admin now we only review private videos if we get notified of an issue with a specific video/user/group. we get notified of an issue with a specific video/user/group. concern over copyright (which I think porn (esp. child porn) was the bigger concern over copyright (which (esp. child mostly addressed by the O-min mentioned). is, in theory, mostly addressed by the 11O-min upload limit Julie mentioned). MR - Can you confirm the official story? Thanks, V:) On 7/18/07, Misty Ewing-Davis -:mistye@google.com;, wrote: <mistye@google.com> wrote: > ;, > iI think it also has to do with us not being able to monitor private ;, > videos. Because of this it makes it easier for people to upload porn and ;, videos. > then spread it to a lot of people. This is definitely not something we would ;, > make public knowledge, but it may have something to do with why it has ;, knowledge, > changed. ;, changed. > ;, > Misty ;, > ;, > On 7/18/07, Julie Havens <jhavens@google.com> wrote: ;, 7/18/07, -:jhavens@google.com;, » ;, ;, > > It sounds like this was put into place to further combat the uploading ;, ;, like this was put into > > of copyrighted videos. A trend we see is that people upload copyrighted ;, )0 of copyrighted videos. A trend we see is that people upload > > videos to their private videos (which are not reviewed unless flagged), and ;, ;, videos to their private videos (which reviewed unless flagged), > > then they invite large numbers of people to view the video which bypasses ;, ;, then they invite large numbers of which > > our copyright restrictions. )0 ;, our copyright » ;, ;, > > This sort of practice of going under the radar is also the reason we ;, ;, This sort of practice of the reason we > > have to maintain the ten minute uploading rule for all users. I'm not sure ;, ;, have to maintain the ten all users. I'm > > if making this information public to our community is something we are going ;, ;, if making this information public to something we > > to be able to do as it may only encourage people to find new ways to bypass ;, ;, to be able to do as it may only encourage people to find new ways to bypass > > our Terms of Use. Just my thoughts. ;, ;, our Terms of Use. Just thoughts. » ;, ;, > > Julie ;, ;, Julie » )0 ;, > > On 7/17/07, Mia Quagliarello < mquagliarello@google.com> wrote: ;, ;, On 7/17/07, Mia Quagliarello -: mquagliarello@google.com;, wrote: »;, ;, ;, > Highly Confidential Highly Confidential G00001-00827503 G00001-00827503

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