The Football Association Premi v. Youtube, Inc.

Filing 110

APPENDIX, Vol. 6, on behalf of Appellant Alley Music Corporation, Bourne Co., Cal IV Entertainment, LLC, Cherry Lane Music Publishing Company, Inc., Edward B. Marks Music Company, Federation Francaise De Tennis, Freddy Bienstock Music Company, Murbo Music Publishing, Inc., National Music Publishers' Association, Sin-Drome Records, Ltd., Stage Three Music (US), Inc., The Football Association Premier League Limited, The Music Force LLC, The Music Force Media Group LLC, The Rodgers & Hammerstein Organization and X-Ray Dog Music, Inc., FILED. Service date 12/10/2010 by CM/ECF. [165105] [10-3342]--[Edited 12/22/2010 by KG]

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H A LL Q. Wh y d i d Pa r a mo un t pr ov i d e th e

D V Ds t o Au d i bl e M a gi c in M ay o f 20 07 ? A. Th e A u di bl e Ma gi c, t he c o n te nt

w a s p r ov id e d t o A u di bl e Ma gi c in 2 00 7 as p a rt o f an e ff or t to b lo ck P a r am ou nt c o nt e n t fr o m b ei n g o n- li ne . Q. it? A. I do n ' t kn o w . M R . W I LL EN : E x hi b i t 5. L et ' s i nt ro du ce Ba te s It w a s p ar t of a t es t, w a s n' t

Th is i s Ex hi bi t 5 .

n u mb e r V IA 0 1 70 71 8 8 .

I t' s an e -m ai l

f r om A la n B e ll d a t ed M ay 1 3t h , 2 00 7. ( H al l Ex hi b i t 5, e -m ai l fr om A l an B el l d a te d M a y 13 th , 20 0 7 , B a te s nu mb e r V IA 0 1 70 71 88 , ma r k ed f o r i d en t i fi ca t i on , a s o f th is d a t e. ) A. Q. A. Ok ay . Wh o i s A la n Be ll ? Al an B el l w a s th e ch ie f

t e ch n o lo gy o ff ic e r f or P ar am o u nt P i c tu re s. H e n o lo ng e r h ol d s t ha t po si t i on . Q. On e o f h is r es po ns ib il i t ie s as

C T O w a s ev a l ua ti n g f in ge rp ri n t

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

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H A LL t e ch n o lo gi e s ? A. Q. It a p p ea rs t ha t, y ea h. So l o o ki ng a t th e e- ma i l t ha t I' m

D r . B e ll s e n t on M ay 1 3t h, 2 0 0 7. l o ok i n g at t he 4 t h p ar ag ra ph .

H e sa y s,

" L as t we ek w e in g e st ed 3 09 D V D t it le s in to t h e A M a ud i o f in g e rp ri nt d at a b as e a s par t o f a n in it i a l te s t ." D o y o u s ee t ha t? A. Q. Uh -h u m . Th e 3 0 9 DV D ti tl es t ha t h e 's

r e fe r r in g t o a re t he s am e 30 9 DV D ti t les t h at a re r e f er re d to i n th e i n te rr og a tor y r e sp o n se t h a t we w er e ju st l o o ki ng a t ? A. Q. Ye s. An d d o es t h i s e- ma il c o n f i rm

t h at t he y w e re i n g es te d in to t he A ud i ble M a gi c da ta b a se a s pa rt o f an i ni ti al tes t? A. Q. Ye s. So i n th e n e xt s en te nc e D r . Be l l

s a ys , "O nc e th es e fi ng er pr in t s g o i n t o t he a c ti v e m at c h in g p r oc es s, w hi c h s ho u l d be v e ry s ho rt l y , we h op e to g et s om e da t a t o h e lp u nd er s t an d h o w ef fe ct iv e th is p r oce ss

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

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H A LL i s ." D o y o u k no w wh et h e r th at d at a t h at h e re f e rs t o wa s ac tu al l y p ro vi d ed to P a ra m o un t? M R . P L AT ZE R : O u ts i d e th e sc op e . A. Q. I do n ' t kn o w . Wa s t h e te s t t ha t Dr . Be l l w as Ob j e ct io n.

r e fe r r in g t o i n t h is e -m ai l a c tu al l y c o nd u c te d? M R . P L AT ZE R : A. Q. I do n ' t kn o w . Ar e y o u aw a r e of P ar am o u n t Sa m e o bj ec ti on .

h a vi n g r ec e i ve d a n y da ta f ro m Au di b l e M a gi c ab ou t th e w a y in w hi ch P ar am ou n t c o nt e n t wa s be in g id en ti fi ed o n an y w e bs i t es u s i ng A u d ib le M ag ic ? M R . P L AT ZE R : Sa m e o bj ec ti on s .

I ' ll m ak e i t s ta n d in g at t hi s po in t. A. Q. I am n ot . So o t h er t h a n th e 30 9 DV D ti tl e s

t h at w er e p r ov id e d t o Pa ra mo u n t -- e x cus e m e - - pr ov i d ed t o Au di bl e Ma g i c in M a y o f 2 0 07 a s pa r t o f t h is t es t, h a s P ar am o unt

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

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H A LL p r ov i d ed a n y o th e r P ar a m ou nt c on te n t to A u di b l e Ma g i c fo r fi ng e r pr in t i ng ? A. Q. No , t h ey h a v e no t . Do y o u k no w wh et h e r th e

f i ng e r pr in t s t ha t we re c re at e d i n M ay o f 2 0 07 a re s t i ll i n Au di b l e Ma g i c' s s ys te m ? A. Q. A. Q. Th e 3 0 9? Ye s. Th ey a re . So o t h er t h a n th o s e fi n g e r pr i n t s

a r e t h er e a n y ot h e r fi n g er pr i n ts o f P a ra m o un t c o nt en t in A u d ib le M ag ic ' s s y st e m t ha t yo u a r e aw a r e of ? A. Q. No . So j u s t ag a i n to b e cl ea r , w it h

r e sp e c t to t he f i n ge rp r i nt s t h at a r e in A u di b l e Ma g i c' s s y st em , do es P ar am o un t h a ve a ny i n f or ma t i on a b o ut h o w o ft e n A u di b l e Ma g i c ha s ma de m at ch e s t o t ho se f i ng e r pr in t s o n a n y we b s it e? M R . P L AT ZE R : O u ts i d e th e sc op e . A. r e po r t s. I ha v e n o k n ow le d g e of a n y Ob j e ct io n .

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

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H A LL t r an s p or t o f t he m et id at a an d th e f i ng e r pr in t fi le i n a sp ec if i c f or m a t th at w a s p r ov id e d b y t h e Yo uT ub e e n gi ne e r s . Q. Do y o u k no w wh en t he Y ou T u be

f i ng e r pr in t i ng t e c hn ol og y ac t u al ly l a un c h ed ? A. Q. I do n ' t. Do y o u k no w wh en t he t ec h n ol og y

f i rs t be ca m e a va i l ab le f or P a r am ou n t to u s e? A. My r e c ol le c t io n is t ha t i t w as a

f e w m o nt hs p ri or t o Au gu st 2 0 0 8. Q. b e li e f ? A. I wa s in vo l v ed i n th e se t - up Wh at ' s t he b as is f or t h a t

e - ma i l s fr o m t he Y ou Tu be e ng i n ee rs p r ov i d in g m e w it h th e to ol s t o s ta rt the d e ve l o pm en t on t h e i ng es t pr o c es s. Q. r e ca l l ? A. I do n ' t re m e mb er t he f i r s t n am e . Wh o w e re t h o se e ng in ee r s , do y o u

T h e l a st n a m e wa s Vi ne ca t. Q. A. Pr es a d ? Pr es a d , th a n k yo u.

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

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H A LL Q. Ar e y o u aw a r e th at t he r e ' s a n

a g re e m en t o r a c o n tr ac t be tw e e n Vi a c o m a nd Y o uT u b e wi t h r es p e ct t o th e u s e of t h e Y o uT u b e fi n g er pr i n ti ng t ec hn o l og y? A. y e s. I wo u l d im a g in e th er e w o u l d be , I' m n o t aw a r e of t he s p e c i fi cs of

t h e c o nt ra c t . Q. Is t h e re a s pe ci fi c co n t r a ct

b e tw e e n Pa r a mo un t an d Yo uT ub e ? A. Q. I' m n o t aw a r e of o ne . So h o w m an y of P ar am ou n t ' s m ov i e

t i tl e s h as P ar am o u nt p ro vi de d to Y o u T ube f o r f i ng er p r in ti n g ? A. 50. Q. No w, a re t h o se t he s am e 5 0 o r a Th at n um be r is i n th e ra n g e of

d i ff e r en t 5 0 t ha n Pa ra mo un t h a s pr o v i ded t o V o b il e? A. e x ac t . Th ey a re c l o se t o bu t no t an So t he re a re t it le s t h at a re the re I

a n d t h er e a r e ti t l es t ha t ma y no t be .

d o n' t kn ow t he e x a ct - - I do n ' t ha ve the 5 0 m e m or iz e d f ro m ea ch . c r os s o ve r. I k n o w th er e 's

Ag ai n , t he i de a t o g o ba c k t o

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

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H A LL s t ra t e gy , w a s to p ut t he n ew r el ea se c o nt e n t in a nd t o id en ti fy a s et o f c o nt e n t th a t w as m os t in fr in g e d up o n and i n cl u d e th o s e. Q. Wh y w o ul d t h er e be a d if f e re nc e

t h ou g h i n w h at w a s g iv en t o Y o uT ub e v ers us w h at w as g i v en t o Vo bi le ? A. We l o o k at Y ou Tu be a nd B a y TS P a s

p r im a r y de f e ns es . Q. d e fe n s es "? A. We ll , we d o n 't p ro vi de Wh at d o yo u me an b y "p ri m a ry

e v er y t hi ng t o Vo b i le b ec au se w e ha v e a l i mi t e d am o u nt o f ti tl es w e c a n us e a t a ny g i ve n ti me . b e yo n d t ha t . A s I s ta te d ea rl i e r, o ur p ri m a ry v e nd o r f or c on te n t d et ec ti on i s Ba y T S P a n d t h ey w o u ld h a v e th e la rg e s t se t o f t i tl e s . Q. So t h e s et o f ti tl es t ha t Ba y A nd w e ha ve c ho s e n no t t o g o

h a s, I b el i e ve y o u s ai d wa s a r ou nd 3 0 0? M R . P L AT ZE R : c h ar a c te ri z a ti on . Ob j e ct io n to t h e T ha t wa sn ' t h is

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

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H A LL t e st i m on y. Q. Le t' s ju st a sk i t di re c t l y . How

m a ny t it le s ha ve b ee n pr ov id e d t o Ba y TSP f o r B a yT SP t o us e in i ts f in g e rp ri nt i ng? A. Q. It 's o ve r 3 5 0. So w h y i s i t t ha t Pa ra mo u n t ha s

p r ov i d ed s o ma ny m or e ti tl es t o Ba y t han t o Y o u Tu be ? A. Pa rt l y b ec a u se B ay TS P i s o ur

p r im a r y ve n d or f o r s ea rc hi ng o ut c o n t ent . S e co n d ly , w e h av e li mi te d r e so u r ce s t o c on d u ct a ct iv it i e s so w e f o cu s th em o n th e ti tl es t ha t ar e mo r e l i ke l y t o b e i nf r i ng ed . Q. Do es Y ou Tu b e c ha rg e Pa r a mo un t t o

u s e t h e Yo u T ub e t e ch no lo gy ? A. Q. It d o e s no t . Do es P ar am o u nt p ay t o u s e

B a yT S P 's f i n ge rp r i nt in g te ch n o lo gy ? A. Q. It d o e s in d e ed . Wh at a re t h e c os t of P ar a m ou nt ' s

u s e o f B ay T S P te c h no lo gy ? A. m o nt h . In e x c es s o f a $ 10 0, 00 0 p e r

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

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H A LL Q. No w, a re y o u f am il ia r w i t h t he

c o nc e p t of W or ks I n Su it ? A. My u n d er st a n di ng o f Wo r k s In

S u it a re t i t le s o r c on te nt t h a t ar e l ist ed a s p a r t of t hi s p a rt ic ul ar l a w su it . Q. No w, a re y o u a wa re w he t h e r

P a ra m o un t h a s pr o v id ed f or f i n ge rp r i nt in g a l l o f i ts t it le s th at a re W o r ks I n S uit t o Y o u Tu be ? A. i n s u i t. Q. We h a v e no t . Th er e ar e o v er 3 0 0

W e h av e on ly p ro vi d e d 50 . So a r e t he r e t it le s th a t a re

W o rk s In S u i t th a t P ar am ou nt h as p ro v ide d t o B a y TS P t h at i t ha s no t pr o v id ed t o Y o uT u b e? A. Q. A. o v er 2 00 . Q. In a t it le t ha t Pa ra mo u n t ha s Ye s. Ap pr o x im at e l y ho w ma ny ? It 's a pp ro x i ma te ly , it w ou ld b e

n o t p r ov id e d t o Y o uT ub e fo r f i ng e r pr in t i ng , w o ul dn 't i t b e a bl e t o b e f o un d on Y o u Tu be u si ng t he Y o u Tu be f i ng e r pr in t i ng t e c hn ol og y?

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

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H A LL A. Q. Th at ' s c or r e ct . Is P a r am ou n t u si ng B ay T S P to

s e ar c h f or P ar am o u nt c on te nt o n Yo u T u be? A. Q. It i s . In cl u d in g u s in g th e

f i ng e r pr in t i ng t e c hn ol og y th a t B ay T S P no w p r ov i d es ? A. Q. Th at ' s c or r e ct . Wh y d i dn 't P ar am ou nt j u s t

p r ov i d e th e sa me t it le s th at Y ou Tu b e , th at i t p r o vi de d to B a y TS P? A. It w a s a ga i n f ro m a st ra t e gy Ba y T SP w e us e a s o ur p r ima ry

p e rs p e ct iv e .

v e nd o r , we p ro vi d e t he m th e b u lk o f t he a s se t s . W e us e Y o uT ub e in a l i m it ed

f a sh i o n, p u t ti ng i n ne w ti tl e re le a s e s. S o a n y n ew t it le t ha t be co me s av ai la b le we f i ng e r pr in t . Th e de ci si on t o no t go bac k

a n d p u t th e re ma i n in g li br ar y ti tl e s tha t w e re i n or o ut o f su it w as b a s e d o n t hat a s w e l l as r es ou r c e co ns tr ai n t s. Q. Wh at a re t h e r es ou rc e

c o ns t r ai nt s -- I ' m s or ry , wh a t w er e t he r e so u r ce c o n st ra i n ts ?

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

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H A LL A. Th er e ' s ti m e i nv ol ve d i n

c r ea t i ng t h e f in g e rp ri nt f or t he Y o u T ube i n te r f ac e. so. Q. Th er e ' s no t a co st t ho u g h th at ' s An d i t t ak es m an p o we r to do

b e in g as se s s ed t o Yo uT ub e to p ro vi d e a d di t i on al t it le s fo r fi ng er p r in ti n g , c o rr e c t? A. Q. Th at ' s c or r e ct . Ha s Y o uT ub e ev er t ol d P a r a mo un t

t h at t he re w as a l im it o n th e n u mb er of t i tl e s t ha t co ul d be p ro vi de d to Y ou T ube f o r f i ng er p r in ti n g ? A. Q. No . Ot he r th an t he r es ou rc e

c o ns t r ai nt s th at y ou s po ke a b o ut a r e the re a n y d o wn si d e s fr o m P ar am ou nt ' s p er s p ec ti ve t o p r o vi di n g a dd i t io na l ti tl e s t o Y o u Tub e f o r f i ng er p r in ti n g ? A. Q. No . I th i n k in o ne o f yo ur p r e vi ou s

a n sw e r t o u s y ou t al ke d ab ou t pr ov id i ng n e w r e le as e s ? A. Uh -h u m .

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

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H A LL Q. Is P a r am ou n t n ow p ro vi d i ng s om e

o f i t s n ew r el ea s e s to Y ou Tu b e f or f i ng e r pr in t i ng ? A. Pa ra m o un t p r ov id es e ve r y n ew

r e le a s e to Y ou Tu b e f or f in ge r p ri nt i n g. Q. So i n th e s u bs et o f Pa ra m o un t

c o nt e n t th a t 's b e e n pr ov id ed t o Yo u T u be f o r f i ng er p r in ti n g - A. Ac tu a l ly , i f y ou d on 't m i n d, w e

d o n' t pr ov i d e th e re le as e, w e pr ov i d e th e f i ng e r pr in t . Ju s t t o be c le a r , we a r e n ot

p r ov i d in g c o nt en t . Q. Go t y o u. S o i n th e se t o f

f i ng e r pr in t s o r t i tl es t ha t h a ve b e e n p r ov i d ed t o Yo uT u b e fo r us e b y t he Y o uTu be f i ng e r pr in t i ng s y s te m, a re t h e re a n y P a ra m o un t t i tl es t ha t sa y we r e r el e a s ed b e fo r e 2 00 5 ? A. t i tl e s . 2 0 05 . Q. t i tl e s ? A. Ar e y o u ta l k in g ab ou t - I th o u gh t y o u sa id t he r e w er e 5 0 I do n ' t re c o ll ec t. Th e r e ' s 30 0

I d on 't k no w if a ny o f th os e we re

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

A-413

Schapiro Exhibit 148

A-414

Subject: RE: Paramount titles ingested into Audible Magic content filtering service From: "Powell, Amy - Paramount" <EX:jO=VIACOM/OU=PARAMOUNT/CN= RECIPIENTS/CN=POWELLAM> To: Bell, Alan - Paramount Cc: Date: Wed, 16 May 200719:35:34 +0000 Can we discuss a process for the marketing group to start better protecting our materials? Would love to hear your thoughts. Thanks! Amy Powell Senior Vice President Interactive Marketing Paramount Pictures

From: Bell, Alan - Paramount Sent: Sunday, May 13, 2007 12:11 PM To: Moore, Rob - Paramount; Huntsberry, Frederick - Paramount; Fricklas, Michael Cc: Prentice, Rebecca - Paramount; Avery, Kelley - Paramount; King, Marsha - Paramount; Sufrin, Ron - Paramount; Basich, Mary - Paramount; Perry, Alfred - Paramount; Salter, John - Paramount; Powell, Amy - Paramount Subject: Paramount titles ingested into Audible Magic content filtering service Audible Magic (AM) uses audio fingerprinting techniques to automatically screen digital content files present on websites such as YouTube, and identify those files which are a match to copyrighted content contained in it's reference database. AM has been widely used by the music industry to detect and issue takedown notices for unauthorised music content, and other broadcast monitoring applications. Earlier this year, Viacom began discussions with Audible Magic to ingest audio fingerprints of the sound track of MTV content in support of developing and demonstrating a practical system whereby UGC websites such as YouTube could monitor uploaded content for copyrighted elements and either block or post conditionally if some prior agreement existed with the copyright holder. Paramount has also been participating along with Viacom/MTV in the overall technological assessment of content filtering technologies, especially the various Video-based fingerprint technologies that are currently at various stages of development. Last week we ingested 309 DVD titles into the AM audio fingerprint database as part of an initial test. Once these fingerprints go into the active matching process (which should be very shortly), we hope to get some data to help understand how effective this process is, and something about which are the most targeted titles and at what frequency clips are discovered. It is important to note that this data is only available from those websites with which AM has an agreement for content identification services, and the nature of those agreements will constrain detail in the reports we hope to receive. However this is an Important first step towards understanding the effectiveness content identification, both for blocking as well as in support of potential revenue sharing opportunities. Although AM is currently the only widely deployed service, we anticipate that as viable video fingerprinting services emerge (AM is expected to launch it's own version shortly) we will selectively engage in further trials.

VIAO 1707188

A-415

I will keep you posted on developments, and if you have any questions or comments, please do not hesitate to contact me, alan

VIA01707189

A-416

Schapiro Exhibit 149

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A-417

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Biz not sure how to treat upstart YouTube
Catching YouTube Andrew Wallenstein March 21, 2006 The entertainment world is putting the squeeze on YouTube.com, but will headlock? In a few short months, the Web site has emerged from the obscure ranks of dozens of online viral-video outposts to dominate even giant portals in the category, including Yahool and Google. But
~s ~

be more like a hug than a

Advertisement

astonishing growth - streaming 30 million videos a day - also has put old-guard media empires

on the defensive. NBC Universal and CBS Corp. are just a few of the power players who have clamped down on YouTube recently for hosting copyright-infringing clips snatched from broadcast airwaves. "As the broadband digital space develops, it's Important for rules of the road to be clearly established," says Richard Cotton, executive vp and general counsel at NBC Uni. However, the relationship between this Intemet upstart and Hollywood isn't as adversarial as you might assume. For every corporate lawyer firing off angry letters to YouTube, there are two more executives exploring potential partnership opportunities - maybe even an outright acquis~ion. What's more, YouTube execs claim that these conflicting legal and promotional imperatives often unknowingly emanate from the same company. "There's been a few examples of marketing departments uploading content directly to the s~e, while on the other side of the company their attomey is demanding we remove this content," YouTube cofounder Chad Hurley says. The media establishment's schizophrenic attitude toward YouTube reflects the undeniable promotional power of viral video, which sends clips bouncing around the Intemet's young-aduH user base like a beach ball at a Nickelback concert. As conglomerates begin charging for programming everywhere from their own Web
s~es

to Google Video, sawy independents like YouTube are being sized up as allies a la

iTunes or enemies on par with the Napster of old. Hurley contends to be the former. YouTube is actively seeking partnerships w~h media companies,
pos~ioning ~self

as something of a virtual buffet where one can nibble on b~e-size clips of programming

for free in order to drive consumer interest in the feast offered by movie studios and TV networks. "The community and viral nature of H is often an opportunity to reach a large audience and to promote movies," Hurley says. "We don't see YouTube as a place to watch a whole show. We're about clips and promotional content, and user-generated content." In just a few months, YouTube has generated an inordinate amount of attention for a company
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20 employe9s squeezed into a loft above a pizza parlor in San Mateo, Calif. Hurley founded the company in February 2005 with fellow twentysomething Steve Chen; both are former employees at online payment service PayPal. YouTube is not a peer-to-peer service like Napster, but its video-hosting capabilities allow Intemet surfers to stream videos easily from a Web page. Also unlike Napster, most of the video available is not entire TV episodes or movies but short clips no longer than three minutes. That makes YouTybe and its ilk ideal for showcasing homemade video of everything from baby's first steps to frat-house pranks. But many of these sites are positively teeming with copyright-infringing footage snipped from current and past television shows and movies. There is no barrier to entry for illegal videos; users can upload whatever they want in less than a half-hour. YouTube has become an online juggemaut seemingly ovemight. Not long after its soft launch in May, viewers were watching 30 videos a day; by the time the company officially launched in December, it was 3 million. Today, YouTube has twice the traffic of Yahool Video and more than three times that of Google Video and AOL Video. "Their growth has been phenomenal," says Leeann Prescott, senior research analyst at Intemet tracking firm Hitwise USA. "It's really the next evolution of online entertainment." But many of the hits that drove the growth were copyright-violating clips. Last month, NBC Uni ordered YouTube and other unspecified viral-video Web sites to take down hundreds of clips, including a "Saturday Night Live" skit known as "Lazy Sunday" that became an Intemet sensation. YouTube complied but since has had to chase down more "SNL" material at NBC Uni's behest, including a skit featuring Natalie Portman. One week later, CBS News came down on YouTube for making available a "CBS Evening News" segment about an autistic basketball player that also became a big Intemet draw. At least that example was one where CBS wanted the footage seen. Not so over at ABC, which had to weather the indignity the day after its Academy Awards telecast of YouTube users parsing every second of a vignette featuring Tom Hanks in which he appears to have accidentally muttered profanities. ABC declined comment. Sources say Fremantle North America, producer of the Fox powerhouse "American Idol," leaned on YouTube to remove scenes from the megahit show. The company declined comment. But for all the notoriety YouTube has eamed, Hurley notes that the site has not been sued, nor has it even received a cease-and-desist letter. What YouTube has been bombarded with are Digital Millennium Copyright Act notifications, which compel Web sites to remove copyright-Infringing material. YouTube has received high marks from most companies that credit the Web site with complying quickly with removal requests. "YouTube has been a good corporate citizen and taken off copyrighted material," an MPAA spokeswoman says. "We'll continue to monitor what they do. Right now the indication Is they are willing to work with us." YouTube is starting to see a trickle of established players sign on for promotional partnerships. Matador Records is spreading the word on Pretty Girls Make Graves by allowing viewers to submit music videos for the band's upcoming single. Cable network MTV2 has provided clips from upcoming programming including "The Andy Milonakis Show" that links back to the MTV2 Web site. Even advertisers are on board, as Nike has seeded the site with video clips promoting its footwear. This week, Dimension entrusted YouTube with the trailer for its upcoming film "Scary Movie 4," which promptly gamered 200,000 streams in its first 15 hours on the site. "In terms of sheer popularity, presently YouTube is at the forefront when it comes to video sharing," says Ian Schafer, CEO of Deep Focus, Dimension's advertising agency. "The more people who see this film's trailer, the more people we feel will get excited about this film." Hurley indicated that this is just the beginning, with even bigger brands soon to make joint announcements with YouTube from all over the industry. He also says other programrs are taking a

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more covert rpproach, uploading movie trailers and the like without striking any official deals in hopes of starting a faux-organic wildfire of buzz. Not that YouTube will partner with just anyone. Cognizant of the anarchic sensibility pervading viral video, the company wants to be selective in order not to be viewed as a sellout to corporate interests. 'We are moving really cautiously for that reason," Hurley says. "We are looking at indie brands, the kind of brands that resonate with our users." For now, the company is abstaining from any kind of advertising on the sUe In hopes that partnerships with media companies eventually will help pay the bills. Advertising will eventually be incorporated, but in the meantime YouTube is subsisting on the $3.5 million in private equity funding it received in November from Sequoia Capital. In the meantime, YouTube Is still trying to make amends with corporate Hollywood by improving the mechanism that allows U to move quickly to strike infringing videos. But even as the company improves Us technology, Hurley wams that constitutional protection is still in place to keep YouTube an open community. "We're not required to police the sUe," Hurley says. "But we're building the tools to help control everything." NBC Uni's Cotton is taking a wait-and-see atmude, noting that digital media Is a fast-evolving lan·dscape. Still, he isn't ruling out putting on more pressure. "They may have to undertake addUional activUles on the order of filtering or screening," Cotton says. Were it only that easy. Some of YouTube's more creative users do more than just post excerpts of shows; they splice them together wUh footage from other bHs of video. These amalgamations yield a few absurdist oddities like a video mash-up of "The Apprentice" with footage of Charles Manson, which suggests what might happen if Donald Trump were interviewing the notorious serial killer for his show. YouTube is far from alone in the viral-video category, with dozens of others attempting to mount the kind of mindshare it has aggregated, including Grouper, Vimeo and Clipshack. Some new entries are aiming for a more distinctive comer of the market, like Rewer, which takes a zero-tolerance policy against illegal footage and goes as far as splitting advertising revenue with amateur auteurs who submU to the site. "Web sUes that attract users by flagrant copyright infringement we don't see as a business," Rewer founder Steven Starr says. YouTube's main competHlon seems to be the big-brand portals, all of which are stumbling Into videosharing in fits and starts and leaning heavily toward the subscription model. While Google Video has lined up interesting partner brands like CBS, Us navigation and ease of use has been heavily criticized. Yahoo I seemed to be moving strong into original programming but recently has made indications that it will back away from that strategy In favor of more user-generated content. "I think they're adjusting to the amount of attention we're receiving ," Hurley says of Yahool Inc. "They're going to be chasing us. We can out-innovate these guys. They are large organizations that take time to innovate product." YouTube's greatest competition might tum out to be the Internet brand that is currently its greatest asset: social networking giant MySpace.com, which Hitwise estimates delivers one out of every five streams for YouTube. In January, MySpace launched its own video hosting service at vids.myspace.com that could become an easier go-to option for MySpace's massive user base. "It could cut Into YouTube's traffic," Hitwise USA's Prescott says. MySpace recently was acquired by News Corp., and therein lies another challenge that might lie ahead for YouTube. Media companies are snapping up online properties in part because they serve as a promotional base. Wrtness how News Corp.-owned cable channel FX injected MySpace with the latest video from Ice Cube: It happens to double as a promo for "Black. WhUe.," an FX series that launched this month and counts the rapper as one of Us executive producers.

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And News cpr

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p isn·t the only media giant that recognizes the advertising potential of viral video. Not .

long after the acquisHion of MySpace.com, Viacom grabbed a similar sHe, IFllm.com. Last week, NBC Universal acquired the female-targeted Web site iViliage, which it plans to seed with video programming as well. Hurley acknowledges that YouTube could make a nice acquisition target but says no such plans are in the offing. "That is not our intent," he says. 'We're not looking for a quick exH."

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Schapiro Exhibit 163

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Morril, Mark
From: Sent;

To:
Subject:

Fricklas, Michael Wednesday, January 31, 200711:21 PM Marril, Mark Fw: YouTube: Update on Potential Pilot Project

----- o r i g i n a l Message ----F r o m : [e-mail] <[e-mail]> To: Fricklas, Michael Sent: Wed Jan 31 16:09:25 2007 Subject: FW; YouTube: Update on Potential Pilot Project Hello, I am going to be sending this out to everyone later today.

_.__._-_._-_.__ _._ __ _ _-_._ _-_ _.__.----_._-_. ----------...

.. ..

.....

..

.....

We recently contacted YouTube to pick up our file-removal and filtering discussion where we left off last year_ YouTube's position has not changed. They are willing to move forward with a pilot that would involve YouTube using a list of 1,000 titles to (a) remove any content that we identify as being unlicensed, and (b) using the hash from those titles to create a "blacklist" of files that will not be permitted onto the system in the future_

In addition to rernoving motion picture and television shows based on a title l1st and then blacklisting those files, YouTube is willing to prevent the posting of content that is registered with AudibleMagic. YouTube has an agreement with AudibleMagic. Thus, the extent your content is registered with AudibleMagic, YouTube will include those registered fingerprints in a directory that is checked before any materials are posted.

As we discussed at the end of last year, YouTube and Google are discussing the development of their own proprietary content recognition technologies. YouTube and Google have yet to resolve whether that technology will be made available to all content owners or only to those with whom YouTube has a licensing deal. That issue is being discussed within Google!YoU'l'ube and will be resolved soon.

1

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Subject: FW: YouTube and the copyright cops: safe ... for now? From: "Fricklas, Michael" <EX:/O=VIACOM/OU=CORPUSNCN=RECIPIENTS/CN= FRICKLAM> To: Fricklas, Michael Cc: Date: Tue, 18 Jul 2006 00:03:44 +0000

From: Jason Hirschhorn [mailto:[e-mail]] Sent: Monday, July 17, 2006 8:02 PM To: Fricklas, Michael; Matthews, Beth; Lehman, Nicholas Subject: Re: YouTube and the copyright cops: safe ... for now? I believe that more than 60% of youtube's traffic is from copyrighted material On 7/17/06 7:59 PM, "Fricklas, Michael" <[e-mail]> wrote: thanks. Mostly YouTube behaves -- and why not - user generated content appears to be what's driving it right now. Also the difference between YouTube's behavior and Grokster's is staggering. While the supreme court's language IS broad; the precedant is not THAT broad. Mike

From: Jason Hirschhorn [mailto:[e-mail]] Sent: Monday, July 17, 2006 7:48 PM To: Fricklas, Michael; Matthews, Beth; Lehman, Nicholas Subject: FW: YouTube and the copyright cops: safe ... for now? http://arstechnica.com/news.ars/posV20060716-7273.html YouTube and the copyright cops: safe ... for now? 7/16/2006 7:39:28 PM, by Ken Fisher If you've never heard of YouTube, let me introduce you: YouTube is a massively popular video sharing site that has quickly become one of the Internet's most trafficked websites, climbing into the top 50 of all sites online in a year's time (as tracked by Alexa). According to Nielsen NetRatings, the site serves almost 13 million users a month and serves up 50 million videos each day. Maybe you've been by the site to see Jon Stewart's hilarious (yet depressingly accurate) coverage of the "'Net neutrality" debate, or maybe you enjoyed watching Ernesto Hoost and friends in Silent Library. And maybe, just maybe, you've enjoyed some videos that weren't uploaded without the copyright owner's permission, too. See, YouTube's continued survival is a bit of a mystery to some. The site thrives in part on what appears to be copyright infringement, but aside from a few scuffles (most notably with NBC), there's been nothing Napster-ish about its history. TV clips, movie clips, you name it... they all appear on the site regularly, and without authorization. So far, the major lawsuits haven't shown up. Daniel Pearl, Deputy editor of BBC's Newsnight, recently compared life at the venerable Beeb to life at YouTube. Noting that the BBC has to get clearance for everything that it uses, Pearl asks, "So why is there one rule for us and another for YouTube?" That is, why does the BBC get hit with letters, licensing demands, and potential lawsuits when they use unauthorized material, yet YouTube is packed to the gills with it? "Perhaps someone could explain," he says. For Pearl and others with similar questions, you're in luck. See, while the BBC and other news organizations are accountable for what they show to users, YouTube is built upon laws that give them a safe harbor. And believe it or not, it's the DMCA protecting YouTube-the same DMCA that is destroying fair use. As the EFF's Fred von Lohmann explains in an editorial for The Hollywood Reporter Esq., YouTube is shielded because the site is an "online service

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provider," arguably similar to your own Internet Service Provider (lSP). Among other things, the DMCA provides protection for service providers against being held responsible for the actions of their users. Much like the RIM can't sue Comcast for little Jimmy's pirate web server he hosts on their broadband network, so too with YouTube. As an online service provider, YouTube seemingly has an out of almost any trouble you can throw at it. A disgruntled copyright owner must first supply the company with a legal notice of the infringement (the infamous takedown notice), and YouTube can stay in the clear by merely identifying the infringing material and removing it. They're safe from damages, even if 20,000 people watched the unauthorized material. Why? Because they only host it. Users upload the video (never mind how they got it), and that's ultimately the big distinction between YouTube and, say, the BBe. If the Beeb showed a 10 minute clip without authorization, they could be liable for thousands of dollars. YouTube, no. As von Lohmann points out, this isn't a license to print money. YouTube can lose its safe harbor protections if it appears that they are directly profiting from the infringement of copyrights by their users. In von Lohmann's opinion, this is why YouTube only shows advertisements on pages without video on them. As the company searches for a business model, it will be critically important for them to stay away from anything that looks to capitalize on, well, one of the things that makes the site so popular: copyright infringement. The situation leaves a bad taste in the mouths of many. Weblogs Inc. CEO Jason Calacanis wrote about the company's business model last February: "YouTube and other video hosting sites have made it easy to pirate stuff on the web (which is where piracy started), but they shouldn't be positioned as some revolutionary business," he wrote. Perhaps it will be revolutionary, however. When the significant legal challenges come, and I strongly believe that they will, YouTube will be put into the onerous position of testing the limits of copyright law. Are clips of longer video programs fair use? Does a company that attracts so much copyrighted material have a chance to fight off charges of inducing or aiding copyright infringement? Does YouTube have a responsibility to make it impossible to download videos from their site? These are but a few of the questions looming large in the background. While not exactly the same thing, it is important to note that the legitimate uses of P2P did not, in the end, protect Grokster. Rather, the ruling in Metro-Goldwyn-Mayer Studios v. Grokster left open the very real possibility that a disgruntled copyright holder could argue that YouTube, as a kind of Internet software, is "designed and promoted to aid in infringement" (to borrow language from the ruling). You may recall the the Supreme Court Justices pinged Grokster for failing to "develop filtering tools or other mechanisms to diminish the infringing activity using their software." And to get back to von Lohmann's argument about the cautious placement of advertisements, note that the justices also addressed this matter from a broad perspective, writing: "[Rjespondents make money by selling advertising space, then by directing ads to the screens of computers employing their software. The more their software is used, the more ads are sent out and the greater the advertising revenue. Since the extent of the software's use determines the gain to the distributors, the commercial sense of their enterprise turns on high-volume use, which the record shows is infringing. This evidence alone would not justify an inference of unlawful intent, but its import is clear in the entire record's context." That is to say, merely refraining from placing advertisements on pages with infringing video won't necessarily be enough if the high-volume traffic of the site leads to advertising gains elsewhere. Sadly, the Grokster ruling did not bring the clarity to these issues for which many had hoped. Two things are clear, however. YouTube is popular, and few people want to see the site go away. Since YouTube does not allow for users to download videos (without hacks that they do not support), many people feel that it is ultimately a win-win situation for copyright holders and the audience (the former essentially getting free promotion to the latter). The second matter is that legal eyes are watching YouTube. Following on the heels of their spat with NBC, the company instituted limits on video cap lengths largely to combat copyright infringement, and it may be no coincidence that they publicly revealed their motivations (consider the "filter" arguments noted above). The RIM is now also after YouTube (and Google) for amateur music videos uploaded by users. Whether or not little spats will erupt into the all-out war that followed the pre-legit days of Napster remains to be seen, but I don't expect that old dog (the entertainment industry) to have learned any new tricks. [ Discuss

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jason hirschhorn

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From: Date: To: Subject:

"Davis, Wade" <[e-mail]> Wed,S jul 2006 22:27:45 -0400 "McGrath, judy" <[e-mail]> RE: Regarding YouTube

Good luck! Please let me know what I can do to help. -----Original Message----From: McGrath, judy Sent: Wednesday, july OS, 2006 10:26 PM To: Davis, Wade Subject: Re: Regarding YouTube Well, whatever. I'm sure you have plenty of good stuff to do. We certainly had less than zero to do with the guest list. ... not sure who picked the attendees for Viacom. I insisted on bringing my team. Presentation is not as focused as a real bonafide LRP would be ..... too fast, no time.

Sent from my BlackBerry Wireless Handheld -----Original Message----From: Davis, Wade To: McGrath, judy Sent: Wed jul 05 22:13:442006 Subject: RE: Regarding YouTube I don't know. I didn't press the point. I'll ask again tomorrow.

From: McGrath, judy Sent: Wednesday, july OS, 2006 10:11 PM To: Davis, Wade Subject: RE: Regarding YouTube What politics? You actually help us!

From: Davis, Wade Sent: Wednesday, july OS, 2006 10:07 PM To: McGrath, judy Subject: RE: Regarding YouTube III get on it. Not coming to LRP tomorrow; I think dolan was sensitive to the politics of having me there ...

From: McGrath, judy Sent: Wednesday, july OS, 2006 9:56 PM To: Davis, Wade Subject: RE: Regarding YouTube

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PLEASE if you would do it, that would be great. I WANT TO OWN YOUTUBE, I think it's critical, and if it goes to a competitor ..... !!!!!!!!!!!!!!!!!!! Even if we have to buy it with a partner to keep it below the line. This is our MySpace, we can figure it out. Plus .... We don't do NewCo? I assume Rupert and his minions have it on their radar .... ? NBC with Zalaznik, and jason as a consultant? They will go for it. Time is the enemy! I assumed you would be in our LRP tomorrow ... ??!! Can't you come? I will send you a copy ofthe deck now .. .ignore the financials on page 14, they are changing. NO ONE UPSTAIRS has this deck yet, so please keep it to yourself. Meeting is at 9 a.m. on 28. C'mon down. Okay, there is no air here, I have to go home.

From: Davis, Wade Sent: Wednesday, july OS, 2006 9:41 PM To: McGrath, judy Subject: RE: Regarding YouTube Do you want me to try to organize this or let blair do it?

From: McGrath, judy Sent: Wednesday, july OS, 2006 8:28 PM To: Davis, Wade Subject: RE: Regarding YouTube YES

From: Davis, Wade Sent: Wednesday, july OS, 2006 7:53 PM To: McGrath, judy Subject: RE: Regarding YouTube I talked to blair about this at length last week. Agree that we should get a group together. Do you think that we should loop bakish in so that we have freston's buy in on the back end?

From: McGrath, judy Sent: Wednesday, july OS, 2006 7:02 PM To: Davis, Wade Subject: FW: Regarding YouTube I agree with Blair. See below.

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I think this could be our MySpace. Only bigger and better because it's video ....we buy Tagworld or do a deal with Ming for social networking. I assume you've read the Wired Magazine piece with Rupert on the cover..... "MySpace is a nuclear missle fired across the bow of MTV... " All about how we lost these deals, etc . A nice suicidal moment for me last week, checking that story out. .. .

From: Blair Harrison [mailto:[e-mail] Sent: Wednesday, July OS, 2006 6:47 PM To: McGrath, Judy I was in the middle of a longer email to you about YouTube after the (Net piece on it (that I am sure you have seen)

http://news.com.com/1 s+ You T ube+a+flas h+in+the+pan!2100-102 5_3-6089886.htm I?tag=sas.email Today ... I think we should put a squad of four people in a room for a day, and figure out if we can make a business out of it. Assuming we can, we should go and buy it. I do NOT think it's a flash in the pan ... The only doubt about its viability is whether it can navigate the waters of monetizing its stuff vs. the illegality of that stuff and do it quickly enough to prevail. And I see no reason to believe it can't. The differences between Napster and YouTube - one of the fairest comparisons - are that the Napster people were all idiots, YT are not; Napster was sued by all content owners (en masse), YT is partnering with them; Napster was a one-trick pony that didn't develop any new features after it had first shipped, YT releases them weekly; Napster had effectively no non-infringing uses, YT has many; etc. To my mind, YT has a business problem to solve that is only slightly worse than Google's was ... and therefore eminently solvable. The only question is ... what does it <become> ... but assuming we make a video business out of it that is huge and sound and growing, the answer to that question will change often and we will be in good shape anyway. I am going to pursue this with Adam ( and Wade D after the LRP extravaganza this week.

B.

From: McGrath, Judy [mailto:[e-mail] Sent: Wednesday, July OS, 2006 3:25 PM To: Blair Harrison Hey, what do you think of YouTube today .... as an acquisition .... 1remember your earlier email fondly ....

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Bloomberg

Thursday April 29, 2010

Viacom Chief Says YouTube Clips Weren't Licensed (Update1)
March 25, 2010, 4:57 PM EDT

(Adds share price in last paragraph.) By Sarah Rabil March 25 (Bloomberg) -- Viacom Inc. videos uploaded to Google Inc.'s YouTube Web site weren't licensed, conflicting with the cable-television company's practice of licensing its content, Viacom Chief Executive Officer Philippe Dauman said. "The issue we had with YouTube, in particular, was that a lot of the content we produce professionally was being uploaded without a license agreement," Dauman said today at The Boston College Chief Executives' Club of Boston. "We have nothing against YouTube. It's a wonderful service." Viacom, the owner of Comedy Central and MTV, sued YouTube in 2007 for copyright infringement, and asked $1 billion in damages. In documents unsealed last week, Google said Viacom secretly uploaded clips to YouTube while complaining about alleged copyright violations. Viacom disputes the claim, saying a small number of the 63,000 videos cited in its complaint were uploaded with permission. Viacom, based in New York, rose 49 cents to $33.26 at 4 p.m. in New York Stock Exchange composite trading. --Editors: Cécile Daurat, Andrew Dunn To contact the reporter on this story: Sarah Rabil in New York at [e-mail] To contact the editor responsible for this story: Andrew Dunn at [e-mail].
About Adv ertising EDGE Programs Reprints Terms of Use Disclaimer Privacy Notice Ethics Code Contact Us Site Map Press Room ©2010 BLOOMBERG L.P. ALL RIGHTS RESERVED.

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Subject: I think From: "McGrath, judy" <EX:/O=VIACOM/OU=MTVUSNCN=RECIPIENTS/CN= MCGRATHj> To: Davis, Wade Cc: Date: Wed, 05 jul 2006 14:47:00 +0000 We (MTVNNiacom) have to buy YouTube. Do we know enough about it? This is our MySpace play, only better, more video.

???
Sent from my BlackBerry Wireless Handheld

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Schapiro Exhibit 187

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From: Date: To: Subject:

"McGrath, Judy" <[e-mail]> Thu, 6 Jul 2006 08:22:51 -0400 "Bakish, Robert" <[e-mail]> Fw: News update

Help us get YouTube. We cannot see it go to FoX/NBC. Too much of our consumers time spent there.

Sent from my BlackBerry Wireless Handheld -----Original Message----From: Cahan, Adam To: Wolf, Michael; McGrath, Judy Sent: Thu Jul 06 07:34:02 2006 Subject: Fw: News update -----Original Message----From: Bakish, Robert To: Cahan, Adam; Lehman, Nicholas; Patel, Kruti; Witt, Jason; Lesinski, Thomas - Paramount Sent: Thu Jul 06 07:25:09 2006 Subject: News update So as I think you know, chernin swung by and saw tom friday to talk about their issues relative to our most recent proposal. I met with tom and dolan today to discuss what we thouight of all this. To make a long story short they agree that a deal on fox's terms does not make sense for us. So we are going to see if they blink. At the same time nbc has called us (and them) trying to be part of something. I scheduled a meeting for monday with nbc to see what their pov was on structure and key issues. Meeting is with david zaslav who I know well. Will update the group after the meeting BB/re mote

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Subject: Re: Thank you From: "McGrath, judy" <EX:/O=VIACOM/OU=MTVUSNCN=RECIPIENTS/CN= MCGRATHj> To: Freston, Tom Cc: Date: Fri, 07 jul 2006 03:34:56 +0000 You'll have to kill me to get to it first. Hey, should we do anything on August I? MTV's 25th? I don't think so, but then again ....... ?

Sent from my BlackBerry Wireless Handheld -----Original Message----From: Freston, Tom To: McGrath, judy Sent: Thu jul 06 23:29:46 2006 Subject: Re: Thank you If we get UTube ..... 1 wanna run it -----Original Message----From: McGrath, judy To: Freston, Tom Sent: Thu jul 06 23:22:46 2006 Subject: Re: Thank you They felt like you in particular were really on it, great questions. They thought you liked being back. And you know, they miss you. I'm watching Sandler on The Daily Show. YouTube! I'm banging my shoe. Let's do it. Adam is terrific.

Sent from my BlackBerry Wireless Handheld -----Original Message----From: Freston, Tom To: McGrath, judy Sent: Thu jul 06 23:17:25 2006 Subject: Re: Thank you Thanks Talked about UTube a lot of the way out ..... bob and adam are working up a model asap and, if it's OK, let's do it Enjpyed being with the peple ..... how did they all feel Adam is smart -----Original Message----From: McGrath, judy To: Freston, Tom Sent: Thu jul 06 19:43:11 2006

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Subject: Thank you For today. For the time and the engagement. Great questions and discussion. We know what to do. I know this SUCKS it's MADDENING that the revenue isn't there when the content is ..... but we will fix it and get the stock back up. "Accretive" digital acquisitions and a big idea or two. Fast. Thanks. They are a sharp team.

Sent from my BlackBerry Wireless Handheld

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Schapiro Exhibit 200

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From: Date: To:

"Cahan, Adam" <[e-mail]> Wed, 16 Aug 2006 14:37:08 -0400 "Bakish, Robert" <[e-mail]>, "Witt, jason" <jason.Witt@ mtvstaff.com>, "Patel, Kruti" <[e-mail]>, " Stirratt, Nada" <[e-mail]> Subject: YouTube - next steps Summary thoughts on Conversation with YouTube.

YouTube: Chris Maxcy, YouTube VP content; Zahava Vp Legal, Kevin (?) business development MTVN: Adam Cahan, Kruti Patel, jason Witt Next steps: Expecting revised proposal from YouTube by end of week. KP to schedule YT call w/ BB/jW/NS/AC next Tuesday/Wednesday Open issues: Economics: - YouTube gravitating to (we s t a r t e d _ * Open issue: They would like to have them to offset bandwidth costs. * Next step Nada - while we will not "pay for distribution" is there a world in which we say, we do not run an ad unless we hit certain ceilings? Not sure this allays their fears about bandwidth cost and monetization? Need a meeting to discuss - A C / j W to schedule

*

*
* * *
International - YouTube cannot currently provide IP filtering for content. Open issue: Unclear how much content is trule available for worldwide consumption/clearance Next Step: KP/jW to reach Gideon Beier for worldwide online content'

* *
* *

Copyright - YouTube proposes to use audio tracking and claiming technology from AudioMagic or GraceNote Open Issue: Our content does not have an audio fingerprint a la music Next steps: YouTube to investigate ability to use search and key word "scripting" as a means of identifying copyright. i.e. SpongeBob, South Park Recommended Approach: Pursue deal terms to understand opportunity - unclear if we are ready/in need of this form of distribution. Potential to work with a windowing strategy, Le. library content, etc.

*

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To: From: Cc: Bcc: Received Date: Subject: Ethan Anderson <[e-mail]> Peter Chane <[e-mail]>

2006-05-0316:47:07 CST Re: [Vid-eu] FW: [Harappa-ui] New YouTube UI

this is just a quote from Peter Chernin. I dont believe the 80% number. My own analysis of YT points to a much lower # (5%).

On 5/3/06, Ethan Anderson wrote: the 80% came from an email you sent to harappa-team last week. Harappa-team] Peter Chernin (Fox) quote on Youtube Harappa

Peter Chane to Video Reply - More options Apr 26 (7 days ago) Chernin: We as an [video] industry are much better positioned (compared to the music industry) .... but the music industry lessons made us do the right things now. YouTube: Exciting as it shows the potential pent up demand ... we did a survey and more than 80 percent of video on this site is copyrighted content. http://feeds.feedburner. com/pcorg?m=1 0350

Peter Chane [e-mail] Group Business Product Manager Google Video I http://video.google.com

From: Peter Chane [mailto:[e-mail]] Sent: Wednesday, May 03,20069:27 AM To: Bernardo Hernandez Cc: Ethan Anderson; YouTube UI Subject: Re: [Vid-eu]

where did you get the 80% number from?

On 5/3/06, Bernardo Hernandez wrote:

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I think it is really an improvement: 1. Grid instead of list with viral rating information 2. New Honors information 3. Cleaner Still need a better player. Even though 80% of their content is illegal, they've got the eyeballs, they've got the buzz about being open and having everything that there is to have. If you wanted to upload your content or were a tv producer, you've have no doubt about YouTube being your choice, I think. We need to understand that even though technology and UI are an important part, content is king. We need to be able to accept more content. I am attaching an interesting article from this week's Economist. Bernardo

Internet video

Clip culture

Apr 27th 2006 I SAN MATEO From The Economist print edition

A start-up shows big media and mighty Google how to do web video CHAD HURLEY and Steve Chen, two modest twenty-something software geeks in Silicon Valley, were at a dinner party last year where several people brought their camcorders and then complained how difficult it was to share home videos online. So they did what one does in their circles. They founded a company, called YouTube ; got a few million dollars from Sequoia Capital, an eminent venture-capital firm; wrote some code in Mr Hurley's garage; and then moved into a San Mateo loft that resembles an office. Their simple idea was to make uploading home videos to the internet easy. It turns out that millions of people already had such videos and were just waiting for a way to share them. Even before YouTube's official launch last December, the site contained more than a million short video clips. In December people were uploading 8,000 clips a day, and watching 3m a day. This month they were uploading 35,000 a day and watching 40m a day. With such amazing growth-almost all by word of mouth, e-mail and hyperlink-YouTube already has four times the traffic of Google Video, the online video market of the world's largest search-engine firm, and the nearest thing to a rival. YouTube's success is therefore of great interest to many older and larger companies. Web video has over the past year become the next "next big thing" on the internet. A survey by the Online Publishers Association in February found that 69% of American internet users have watched video on the web, 24% do so at least once a week, and 5% every day. Almost every big internet company, from portals such as Yahoo! to retailers like Amazon , now has plans to offer video search and feeds. The traditional media companies-owners of video libraries-are interested too. Walt Disney is about to make several shows from its ABC television network available without charge (ie, with advertising) on a new web cinema. CBS already offers some of its shows online for 99 cents. This may appeal to younger audiences, since it allows "time-shifting", so that viewers can watch when it suits them, as opposed to when the show is on air. Apple Computer was the first to understand this-it struck a deal with Walt Disney last autumn to provide some television shows on iTunes, its online music store, so

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that people can put them onto their iPods. But the success of YouTube points to another development. People are spending an average of 15 minutes on the site during each visit, enough to view several short, funny clips. This is because they are using YouTube for little breaks during a dull workday. And it is a "lean-forward" experience, as people sit in front of computer screens. This "clip culture", as Mr Hurley calls it, is quite different from the "lean-back" experience of enjoying a half-hour show while reclining on the sofa. So different that YouTube sees Hollywood as a potential ally, rather than as a threat. For instance, the producers of "Lucky Number Slevin", a new film with Morgan Freeman, Lucy Liu and Bruce Willis, are marketing it by making the first eight minutes exclusively available as a clip on YouTube. This emerging clip culture is also a supply-side phenomenon. Only 10% of the clips on YouTube are from film-industry "professionals", says Mr Chen. About 80% come from rank amateurs, and another 10% from "dedicated amateurs", such as young comedians hoping to use internet celebrity as a way into a career. Unlike the big media companies looking to recycle their film libraries, Google Video and YouTube are simply giving ordinary people a way to share clips. And compared with big, frightening Google ,which Messrs Hurley and Chen consider arrogant, little YouTube seems to be doing it a lot better.

On 4/28/06, Ethan Anderson wrote: YouTube just launched a new UI. thoughts? Ethan -----Original Message----From: Nikhil Bhatia [mailto: [e-mail]
To: _ _ _ _
Se~11AM

I think it's an improvement. Any

Subject: [Harappa-ui] New YouTube UI http://youtube.com/watch?v=LuTCUyCXZOY&watch2 - new flash video player - looks to just be a cosmetic change. they've removed the size options and just have an option for full screen. you still can't jump ahead of the buffered region. - new "Director videos" section on right side (unclear how they're selected) - ads by google at the bottom - cleaner comments UI (no more yellow background) overall, still very cluttered. - nikhil

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Peter Chane [e-mail] Group Business Product Manager Google Video I http://Video.google.com

Peter Chane [e-mail] Group Business Product Manager Google Video I http://video.google.com

Attachments: ATT09910.txt star_ofCsm_2.gif

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Schapiro Exhibit 211

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1

UNITED STATES DISTRICT COURT F O R T H E S O U T H E R N D I S T RI C T O F N E W Y O RK VIACOM INTERNATIONAL, INC., COMEDY P A R T N E R S , C O U N T R Y M U S IC T E L E V I S I O N , I N C . , P A R AM O U N T PICTURES CORPORATION, and BLACK E N T E R T A I N M E N T T E L E V I S IO N , L L C , ) ) ) ) ) ) Plaintiffs, ) ) vs. ) NO. 07-CV-2203 ) Y O U T U B E , I N C . , Y O U T U B E, L L C , ) and GOOGLE, INC., ) ) Defendants. ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ _ ) T H E F O O T B A L L A S S O C I A T IO N P R E M I E R ) LEAGUE LIMITED, BOURNE CO., et al.,) o n b e h a l f o f t h e m s e l v es a n d a l l ) o t h e r s s i m i l a r l y s i t u at e d , ) ) Plaintiffs, ) vs. ) NO. 07-CV-3582 ) Y O U T U B E , I N C . , Y O U T U B E, L L C , a n d ) GOOGLE, INC., ) ) Defendants. ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ _ ) V I D E O T A P E D D E P O S I T I O N O F M A R Y R O S E DU N T O N S A N F R A N C I S C O , C A L I F O RN I A F R I D A Y , A U G U S T 2 2 , 2 0 08

B Y : A N D R E A M . I G N A C I O H O W A R D , C S R , R PR , C L R CSR LICENSE NO. 9830 JOB NO. 15500

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AUGUST 22, 2008 10:02 a.m.

V I D E O T A P E D D E P O S I T I O N O F M A R Y R O S E DU N T O N , h e l d a t t h e o f f i c e s o f S H E A R M A N & S T ER L I N G , 5 2 5 M a r k e t S t r e e t , S a n F r a n c i s c o , C al i f o r n i a , p u r s u a n t t o n o t i c e , b ef o r e A N D R E A M . I G N A C I O H O W A R D , C L R , R P R , C S R L i c e n s e N o . 9 83 0 .

DAVID FELDMAN WORLDWIDE, INC. 805 Third Avenue, New York, New York 10022 [phone]

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A P P E A R A N C E S:

F O R T H E P L A I N T I F F S V I A CO M I N T E R N A T I O N A L , I N C . : JENNER & BLOCK By: M I C H A E L B . D E S A N C TI S , E s q . SARAH A. MAGUIRE, Esq. 1 0 9 9 N e w Y o r k A v e n u e , NW , S u i t e 9 0 0 Washington, D.C. 20001 [phone] m d e s a n ct i s @ j e n n e r . c o m

FOR THE LEAD PLAINTIFFS AND PROSPECTIVE CLASS: B E R N S T E I N L I T O W I T Z B E R GE R & G R O S S M A N N L L P By: D A V I D R . H A S S E L , E sq .

1 2 8 5 A v e n u e o f T h e A m e ri c a s N e w Y o r k , N e w Y o r k 1 0 0 19 [phone] d a v i d h @b l b g l a w . c o m

F O R T H E D E F E N D A N T S Y O U TU B E , I N C . , Y O U T U B E , L L C a n d GOOGLE, INC.: WILSON SONSINI GOODRICH & ROSATI By: DAVE KRAMER, Esq.

650 Page Mill Road P a l o A l t o , C a l i f o r n i a 94 3 0 4 - 1 0 5 0 ( 6 5 0 ) 4 9 3 - 9 3 0 0 d k r a m e r @w s g r . c o m

DAVID FELDMAN WORLDWIDE, INC. 805 Third Avenue, New York, New York 10022 [phone]

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A P P E A R A N C E S:

(Continued.)

MAYER BROWN LLP By: BRIAN WILLEN, Esq.

1675 Broadway New York, New York 10019 [phone] b w i l l e n @ m a y e r b r ow n . c o m

ALSO PRESENT: GOOGLE By: A D A M L . B A R E A , L i t i g a t i o n C o un s e l

1600 Amphitheater Parkway Mountain View, California 94043 [phone] a d a m b a r e a @ g o o g l e. c o m

K E L L Y T R U E L O V E , P h . D . , C o n s u l t a nt KEN REESER, Videographer.

---oOo---

DAVID FELDMAN WORLDWIDE, INC. 805 Third Avenue, New York, New York 10022 [phone]

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Q A vague. T H E W I T N E SS : I have no idea if premium DUNTON b u t I d o re m e m b er c o n v e r s a t io n s a t t h e t i m e a bou t p r e m i u m c on t e n t o n Y o u T u b e th a t i s p r o f e s s i o n all y p r o d u c e d co n t e nt . S o I d o h av e a re c o l l e c t i o n fo l l o w i n g s o m e d i s c u s s i o ns a t lo o k i n g a t t he m o s t v i e w e d , m o st d i s c u s s e d , t o p ra t e d , t o p f av o r i t e s , w e c a l l tho s e t h e b r o w s e p a ge s , f or t h a t d a y a nd t r i e d t o d e t e r min e , b a s e d o n th e v i de o s t i l l , i f i t w a s p r e m i u m c ont e n t o r not. Q correct? M R . K R A M E R: O b je c t i o n ; t h e qu e s t i o n i s A n d p re m i u m c o n t e n t i s c op y r i g h t e d c o n t e n t;

c o n t e n t i s c o p y ri g h t e d c o n t en t . M R . D E S A N CT I S : T H E W I T N E SS : Okay. B ut w e c e r t a i n ly u s e d t h a t t e r m

i n t e r c h a n ge a b l y f o r a l o n g , l o n g t i m e , " c o p y r igh t e d , " "premium." M R . D E S A N CT I S : Okay.

W h y w er e y o u d o i n g t h i s ex e r c i s e ? S o I to o k a l o o k a t t h