The Football Association Premi v. Youtube, Inc.

Filing 196

MOTION, to seal document, on behalf of Appellee Google, Inc., Youtube, Inc. and Youtube, LLC, FILED. Service date 04/01/2011 by CM/ECF. [251534] [10-3342]

The Football Association Premi v. Youtube, Inc.

Doc. 196 Att. 2

EXHIBIT A

Dockets.Justia.com

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 1 of 26

lJOR1GINAl
.,-" r UNITED STATES DISTRICT COU~J\i'C FOR THE SOUTHERN DISTRICT OF N£WYORK , , '
"
,'-,

,
;

.
j

~"-,~.-,~.-':--

-,

\. :
~

!

VIACOM INTERNATIONAL INC, COMEDY PARTNERS, COUNTRY MUSIC TELEVISION, INC, PARAMOUNT PICTURES CORPORATION, and BLACK ENTERTAINMENT TELEVISION LLC, Plainti ffs,
v,

) ) )
) ) ) )

,- '

Civil Action No, 07-CV-2103 Judge Stanton

) )
)

YOUTUBE, INC, YOUTUBE, LLC, and GOOGLE INC, Defendants,

) ) ) )

THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED, BOURNE CO, (together with its affiliate MURBO MUSIC PUBLISHING, INC,), CHERRY LANE MUSIC PUBLISHING COMPANY, INC, CAL IV ENTERTAINMENT LLC, ROBERT TUR d/b/a LOS ANGELES NEWS SERVICE, NATIONAL MUSIC PUBLISHERS ASSOCIATION, THE RODGERS & HAMMERSTEIN ORGANIZATION, STAGE THREE MUSIC (US), INC, EDWARD R MARKS MUSIC COMPANY, FREDDY BIENSTOCK MUSIC COMPANY d/b/a BIENSTOCK PUBLISHING COMPANY, ALLEY MUSIC CORPORATION, X-RAY DOG MUSIC, INC, FEDERATION FRANCAISE DE TENNIS, THE SCOTTISH PREMIER LEAGUE LIMITED, THE MUSIC FORCE MEDIA GROUP LLC, THE MUSIC FORCE LLC, and SINDROME RECORDS, LTD, on behalf of themselves and all others similarly situated, Plaintiffs,
v,

)

)

SECOND AMENDED STIPULATED PRE-TRIAL PROTECTIVE ORDER

) ) ) ) ) )
)

Civil Action No, 07-CV-3582 Judge Stanton

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

YOU TUBE, INC, YOUTUBE, LLC and GOOGLE, INC, Defendants,

WHEREAS Viacom International, Inc" Comedy Partners, Country Music Television, Inc"

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 2 of 26

Paramount Pictures Corporation, Black Entertainment Television LLC; The Football Association Premier League Limited, Bourne Co. (together with its affiliate Murbo Music Publishing, Inc.), Cherry Lane :V1usic Publishing Company, Inc., Cal IV Entertainment, LLC, Robert Tur d/b/a! Los Angeles News Service, National Music Publishers Association, The Rodgers & Hammerstein Organization, Stage There Music (US), Inc., Edward R Marks Music Company, Freddy Bienstock Music Company d/b/a Bienstock Publishing Company, Alley Music Corporation, X-Ray Dog '>1usic, Inc., Federation Francaisc de Tennis, The Scottish Premier League Limited, The Music Force Media Group LLC, TIle Music Force LLC, and Sindrome Records, Ltd.; and YouTube, Inc., YouTube, LLC and Google Inc., the parties to these actions (collectively, the "parties" and individually a "pruiy"), believe that in the course of these actions certain information, documents, and testimony are likely to be disclosed and produced through discovery that may constitute or incorporate trade secrets and other confidential research, development, or commercial information within the meaning of Rule 26{c) of the Federal Rules of Civil Procedure. WHEREAS the parties believe that entry of a protective order pursuant to Rule 26{c) of the Federal Rules of Civil Procedure is necessary to protect such trade secrets and other confidential research, development, or commercial information; and WHEREAS, the COUli f!Dds that good cause exists for the entry of this protective order in this action pursuant to Rule 26( c) of the federal Rules of Civil Procedure in order to protect trade secrets and other confidential research, development, or commercial information, IT IS HEREBY AGREED AND ORDERED, pursuant to Rule 26{ c) oflhe Federal Rules of Civil Procedure, that the discovery taken by the parties in the above captioned cases, Or by any parties that are added to either ofthe above-captioned cases, shall be conducted under the following terms:

2

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 3 of 26

1.

Any documents, things or information produced or otherwise furnished by any of

the parties in discovery that is not generally known and that the producing party would normally not reveal to third parties, or if discloscd, would require such third parties to maintain in confidence, may be designated CONFIDENTIAL by the producing party or a party who is the original source of the document or information. The producing party shall effectuate the designation of CONFIDENTIAL documents or information by stamping or marking on the documents or other material the term CONFIDENTIAL or ifthe material cannot be so marked, by stamping or marking the term CONFIDENTIAL on the CD-ROM or DVD-ROM containing the documents or other material. Tbose documents or information shall be maintained by the other parties (0 this action and their counsel in confidence and used only for the purposes of this case. To the extent that any such items arc filed with the Clerk of Court or with the Court, they shall be placed in an envelope marked CONFIDENTIAL MATERIALS SUBJECT TO PROTECTIVE ORDER and sealed. Such sealed envelopes shall be opened only by the Clerk of Court or by the Court, or their agents. As provided by Paragraph 21, use of such documents and infonnation at trial shall be governed by the Pretrial Order, not this provision. Documents or other materials designated as CONFIDENTIAL by tbe parties shall be restricted to tbe following persons: a. b. The Court and its employees; outside ceunsel retained by a party for representation in this case,

including associated personnel necessary to assist outside ceunsel in the case, sueh as paralegals, litigation assistants, clerical staff, technical staff, and vendors who are actively engaged in assisting such counsel with respect to this litigation;

3

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 4 of 26

c.

any certified shorthand or court reporters retained to report a deponent's

testimony taken in this litigation; d. experts or any person retained or used by counsel for any party to assist

counsel with respect to this litigation, and clerical, administrative or support staff (including staff such as research assistants and analysts) of such experts e. persons shown on the face of the document to have authored or received it, deposition or trial witnesses (including use in connection with the

f.

preparation of said witnesses) to the extent necessary in connection with this matter; g. any person whom the parties agree, in advance and in writing, may receive

such protected information; h. employees of any party, as reasonably necessary for purposes of this

litigation, for use only in connection with this litigation; Documents or other material that a non-party designates as CONFIDENTIAL shall be restricted to the persons listed in ~ 2(a) - (D and,r 2(h). Such material may also be shared with any person whom the producing non-party agrees in advance and in writing may receive such protected information.

3.

Any documents, things or information produced or otherwise furnished by any of

the parties in discovery that the producing party reasonably believes in good faith to contain source code; nonpublic patent applications or related things and documents; technical research and development information; revenue share or confidential pricing information; confidential commercial, material or other non-pUblic terms in business agreements with third parties; competitive business strategies and forward-looking business plans, including identification of targets for potential investments, marketing plans, forecasts, and financial performance
4

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 5 of 26

targets lor putentia: :nYCstmenfs. marketing plans) tbrt:casts) and t1nancial performance
parameter:>; market sh:.trc
J:1J

rCvi;-nt:e

projec:ion:.~

valuation ofinveStr.:lcnts or potentia:

I:1Vl.:$tiY;cnts l1l1<:luding licensing agreements, equity J:lVCSlmems and acquisitions); dee diligence

nl<Jteri<Jls rd:ncd to inveslments or potenlla) investments (Illcludillg licensing agrccmer,(s, c(jt:ity invt;:;stn:cnts
~!:ld al:quisiti~)as);

l:l)HPLbtic concepls and plans for new entcl1ainment

progt'amming~

perso!lully idcnttl'y'll1g wronnation conce111ing users (which shaH not be CiJflstrutd

to incbdc any informatioll a user post..'", or Llp!o::.ds for public viewing on any website);
adverti::nng rates

cost per mille,

e~Jck~

or

action)~

proprietary information regarding web site

lrafflc; or c[),nmerciaily sensitive dawbase schemas, may bc designated HIGHLY CONffDENTIAL by rile P,."Jucing pany or a pat1y who is the original source of the document

or informatiOIL Such dcs:gnafiol1 shall be made by marking the documents or malen.11 (or part{sj

:hereon in

J

ClH1SpicuUtIS manne;- or i r the ll1;Jleri;); cannot be so marked, by stamping or markint;

the lenll HIGllL Y CONFlDE!,\cflAL on the CD-ROM or DVL)·ROM containing the docun:cl1ts
or o:her materiaL The marking shall scale HIGIIL Y CONFIDENTIAL or some similar marking. Access
:0

materials designated HIGlILY COl'ifIDEN;'IAL and to any ponion of any lranscript,
mc:nor~lndur!:

brief, 8tTid8\ if,

or other p~lPer that contains, n.:veals or refers lo materials so

designated is limited to those persc"lS set tanh in paragraph, 2(a) .. (g) above. To the e,knt that
any stich items ar~ filed ,,;rh the Clerk ofClll1rt or with the Court, they shall be placed in an envelope marked H1GlIL Y CONFlDEl\-;-IAL and sealed. Such sealed envelopes shall be

opened only i>y the Clerk orcou,.t or by tile Court, or their agents. As provided by Paragraph 21, use of such do(umc.:ts and illforrnatioll at trial
s~all be go\'emed

by the Pretrial O;-der, not this

prvvision. DoclJrnt:ms or other matelial that a non-party design3tcs as [-HGHLY
CO!':flDE,,(TIAL shall be restricled
ill

the persons listed in ~ 2(3) . (t). Such material may also

5

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 6 of 26

be shared with ~;:y persoll whom the producing non-party agrees i!l advance and in writing may

receiv;.,; such protected mfonnation.
,.f.

Any documents,

tl:in~s

or in:ormation produced or otherwise :"umishcd by any of

the p","ties in discm'cry that cre designaled "ConfidentIal" or "Highly Conljdenti~l" and contain a party's Sonrce Code m"y be
lL

(kSlgl'~\tcd

"RESTRICT!:')) CONFJDENTIAL-SOLRCE COllI:'

SOlllce Code will be produced to de;ignated outside counsel for the

requesting pany ("Sollrce Code Cus:odia,,") 0" a portable halO dIsk drove ("HD1),,). Any suppler:lenwl production ofSolLfee Code shall be made consistent with thc mea"s for proch:tion p:ovldcd herein, or by a means agreed to by thc parties, at the option ufthe producl11g porly No par1y
CUll

request that more than tluee (3) duplicate HDDs be

pruduced to the So"rce Code Custodian. b, ."-t the producing party's ojJlion, the Source Code, H)))), or both may be

encrypted prior to jJroducrirm, Information necessa,y to gain access to enclypted Source Code or an encrypwd lIDD shall be provided by counsel for the producing party to the Source Code Custodian by reasonable means meeting the security interests of the prodUClllt; porty;

c

Access to infom1ation designoted RES'mlCTED CO"lFlDENTIAL·
Of

SOiReE CODE shall be limited to Source Code Custodiaus and experts retained
by counsel for any party to assist coulls::l with respect to this htg;:rrion.

used

tt

The Source Code slrall be viewed only

On

non-networked computers in

seeufe. locked areas \\ ithln the confines of a United States oHice of the individuals
Idel1Ulied in Pamgraph 4(0);
to,

E lcetronic copies of So(;rce Code shall only be made withi" the confines

6

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 7 of 26

of the BDD, however a Source Code Custodian may include excerpts of Source Code of length no more than necessary for purposes of the litigation in a pleading, exhibit, expert report, discovery document, deposition transcript, other Court document, or any drafts of these documents ("Restricted Confidential Documents").
f.

To the extent excerpts of Source Code arC quoted in a Restricted

Confidential Document, Source Code Custodians and the persons described in paragraphs 2(a)-(d), shall be permitted to store and access Restricted Confidential Documents on a computer and on a computer network that limits access to onl y necessary viewers; Source Code Custodians and the persons described in paragraph 2{a)-(d), may also send Restricted Contidential Documents to authorized persons via electronic mail; g. To the extent portions of Source Code are quoted in a Restricted

Confidential Document, those pages or exhibits containing quoted Source Code will be separately bound, stamped and treated as RESTRICTED CONFIDENTIAL-SOURCE CODE. \Vhen a.\1y Restricted Confidential Document is filed with the Court, the separately bound portion stamped and treated as RESTRICTED COKFIDENTIALSOURCE CODE shall be filed under seal. When hard copies of any Restricted Confidential Document are retained in the offices of the Source Code Custodian, the Source Code Custodian shall keep the separately bound portions stamped and treated as RESTRICTED CONFIDENTIAL-SOURCE CODE in a secure, locked arca of the office of the Source Code Custodian or destroy them in a manner that ensures they cannot be salvaged, such as cross-shred shredding or incineration; h. Each Restricted Confidential Document or draft thereof containing Source

Code stored on a computer or computer network shall be individually password-protected
7

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 8 of 26

so as to limit access to authorized persons;
I.

Any and all printouts or photocopies of Restrict cd Confidential

Documents or documents that otherwise contain Souree Code shall be marked "RESTRICTED CONFIDENTIAL-SOURCE CODE." Should such printouts or photocopies be transferred back to electronic media, such media shall continue to be labeled "RESTRICTED CONFIDENTIAL-SOURCE CODE" and shall continue to be treated as such.

J.

The Source Code Custodian shall maintain a log of all Restricted

Confidential Documents or other files containing Source Code that are printed or photocopicd. k. If the Source Code Custodian or a party's expert, described in paragraph

2(d), makes printouts or photocopies of portions of Source Code, the Source Code Custodian shall keep the printouts or photocopies in a secured locked area of the office of the Source Code Custodian or destroy them in a manner that ensures they cannot be salvaged, such as cross-shred shredding or incineration. I. The Source Code Custodian may temporarily keep or view the HDD or

other materials containing Source Code at: (i) the sites where any depositions relating to the Source Code are taken for the dates associated with the taking ofthe deposition; (ii) the Court; or (iii) any intermediate location reasonably necessary to transport the information (e.g., a hotel prior to a deposition), provided that the Source Code Custodian takes all necessary precautions to protect the confidentiality of the HDD or other materials containing Source Code while the materials are in such intermediate locations.

8

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 9 of 26

5.

Any copics, photographs, depictions, excerpts, notes concerning, or othcr

information generated from an inspection of the matters designatcd CONFIDENTIAL or HIGHLY CONFIDENTIAL shall be treated in the same manner as material marked CONFIDENTIAL or HIGHLY CONFIDENTIAL. 6. In the case of a deposition: a. Deposition transcripts shall be deemed temporarily designated as

HIGHLY CONFIDENTIAL, provided that within thirty (30) days aftcr rcceipt ofthc transcript, counscl shall review the transcript and dcsignate only those pages of the transcript that the designating party believes constitutc, rcflect, or disclose HIGHLY CONFIDENTIAL information. Ifno specific designation is made, the entire transcript will be deemed CONFIDENTIAL. Notwithstanding any automatic or specific designations under this paragraph, the other partics may object to HIGHLY CONFIDENTIAL or CONFIDENTIAL designations pursuant to paragraph II. b. Counsel for any party or the witness may also designate during a

deposition that certain information disclosed during a deposition is to be treated as HIGHLY CONFIDENTIAL by indicating on the record of the deposition and shall be part of a separate transcript of such material. c. Notwithstanding the automatic designation of the deposition transcript as

HIGHLY CONFIDENTIAL pursuant to Paragraph 6(a), in-house counsel may attend any depositions. In-house counsel may be required to leave for portions of the deposition at the request of counsel taking or defending the deposition, or at the request of counsel for the deponent if the deponent is a non-party, if that portion of the deposition involvcs information designated on thc rccord as HIGHLY CONFIDENTIAL.
9

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 10 of 26

d.

When informacion or documents designated HIGHLY CONFIDENTIAL

are disclosed or discussed during a deposition, counsel for the witness or any party who may he affected by disclosure shall have the right to exclude from attendance during that portion of the deposition any perSOll who is not entitled to receive such HIGHLY CONFIDENTIAL information or documents pursuant to this Order. The presence of inhouse counsel at a deposition (or the failure to request in-house counsel to leave for portions of a deposition when HIGHLY CONFIDENTIAL information is discussed) does not constitute a waiver or preclude a party from designating all or part ofthe transcript of that deposition HIGHLY CONFIDENTIAL 7. An expert or any person retained or used by counsel for any party to assist

counsel with respect to this litigation ("expert") may be shown Highly Confidential documents, things and information after compliance with this provision. (This provision does not apply to employees of a party who may provide expert adviee or testimony hut who will not see any other party's Highly Confidential information.) Any person working to support an expert shall be subject to this disclosure procedure if that person has himself served as a consultant or expert directly (rather than in a supporting capacity) on consulting or litigation matters that must be included on a CV under subparagraph a. a. Before an expert reviews Highly Confidential information produced by

any party in these cases (including any information that the retaining party has designated or intends to designate as Highly Confidential), the retaining party must disclose the identity of the expert to the other parties, along with a copy of the expert's curriculum vitae, including a list of non-litigation consulting retentions and list of matters in which the expert has been retained as a testifying expert (including testifying by deposition)
10

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 11 of 26

within the preceding 5 years. Within 7 calendar days of such disclosure, another party may object to the expert lf the objecting party believes that additional protections beyond those set forth in this Protective Order are necessary to protect that party's Highly Confidential information with respect that expert. Ifno objection is made within 7 calendar days of the disclosure oflho expert's identity, then any such objection is waived, and the expert may view all Highly Confidential information produced in the case. The identities of tbe experts disclosed under tbis provision shall be treated as CONFIDENTIAL information under this protective order. b. If a timely objection is made under subpara!,,'raph (a), the parties shall meet

and confer to attempt to resolve the objection during the following 10 calendar days. If an agrccment is reached resolving the issue within the I a-day mcct-and-confer period, the agreement shall be filed with the Court. c. If no agreement is rcached with the I a-day meet-and-confer period under

subparagraph (b), the objecting party may file a motion within 5 calendar days for an additional protective order concerning the expert's access to that party's Highly Confidential documents. If no motion for additional protective order is made within 5 calendar days after the expiration of the J a,day meet-and-confer period provided by suhparagraph (b), then any objection is waived and the expert may view all Highly Confidential information produced in the case. d. If a motion for addi:ional protective order is timely filed within the 5-day

period provided by subparagraph (c), the party retaining the expert shall have 3 calendar days to respond. No discovery of any kind shall be permitted in connection with such

motion. It shall be the duty of both the objecting party and the responding party to
11

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 12 of 26

request expedited resolution of the dispute by the Court. There shall be a rebuttable presumption that the existing provisions of this Protective Order are adequate, and the objecting party shall have the burden of persuasion to establish that additional protections, beyond the restrictions imposed by this Protective Order, are necessary under the standards of Fed. R. Civ. P. 26(c) to protect the party's Highly Confidential information. Relief that prohibits a retained expert's access to Highly Confidential information shall only be imposed if the Court is unable to impose other protections that reasonably safeguard the party's Highly Confidential information while also preserving the ability of the expert to access such information in order to assist counsel of the party retaining the expert. e. No party shall be entitled to take any discovery of or regarding any expert

disclosed hereunder, unless such expert is disclosed as a testifying expert pursuant to Fed. R. Civ. P. 26(a)(2)(A). Discovery of such testifying experts shall be governed by the Stipulations Regarding Expert Discovery entered into by the parties in these cases. All other experts whose identities are disclosed hereunder shall be deemed to be consulting experts, and the activities, communications, impressions, and opinions of such experts shall be deemed to be privileged work product as to which no discovery may be had. An expert who is an employee of a party shall not have access to documents or information designated by a producing non-party as HIGHLY CONFIDENTIAL. An expert other than a party employee may be shown Highly Confidential information produced by a non-party, provided that the party retaining the expert must disclose the identity of the expert to the nonparty, along with the materials listed in '17(a). The non-party shall have the same right as a party to object to the expert, as related to disclosure of the non-party's Highly Confidential

12

--------~--

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 13 of 26

infonnation, pursuant to the procedures in this paragraph except that a non-party's time to object as provided in ~ 7(a) shall be 10 days from receipt of the disclosure. 8. Notwithstanding anything herein to the contrary, (a) the filing of any infonnation

designated CONFIDENTIAL or HIGHLY CONFIDENTIAL under seal shall be governed by the applicable Rules of the United States District Court for the Southern District of New York; (b) the party who designated the document, interrogatory answer, rcsponse to request for admission, or transcript as CONFIDENTIAL or HIGHLY CONFIDENTIAL shaH be deemed to be the party requesting the record be filed under seal; and (c) the other parties shall have no obligation hereunder with respcct to the requirements of any applicable rulc other than to cooperate in the requcst. Any infonnation designatcd as CONFIDENTIAL or HIGHLY CONFIDENTIAL may be introduced in any pretrial court procceding in this case in opcn court unless the producing party obtains an appropriate protective order from the Court, and provided thc party seeking to introducc thc matcrial has provided sufficient notice to the producing party of the intent to introducc or file the confidcntial matcrial in open court to enable the producing party to obtain such an order. It shall be the duty of the parties to ensure that all documents produced to them by non-parties and marked CONFIDENTIAL or HIGHLY CONFIDENTIAL are filed under seal pursuant to the applicable Rule of the Unitcd States District Court for the Southern District of New York. In addition, any infonnation designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL by a non-party may be introduced in a pretrial court proceeding in this casc in open court only if the party seeking to introduce the material first seeks the advance written pennission of the producing non-party. If the producing non-party dcclines to grant such pennission or fails to respond within 5 calendar days, the party seeking to introduce the material may seek an order from the Court permitting the introduction of such infonnation. In thc
13

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 14 of 26

motion, the party seeking to introduce the material must inform the Court ofthe non-party's lack of consent. The party secking to introduce the material must also serve a copy of the motion on the non-party on the same day that the motion is filed with the Court. !fthe Court declines to grant the motion, the material may not be introduced at the pretrial court proceeding in open court. 9. Except for individuals designated in paragraphs 2. a., b., c.,
C.,

and f., all persons

to whom any information subject to this Protective Order is disclosed shall, prior to any

disclosure to them, bc provided a copy of this Protective Order and execute a protective agreement in the form attachcd as Exhibit A to this Protective Order. 10. AllY person provided CONFIDENTIAL or HIGHLY CONFIDENTIAL

information or documents pursuant to the tenns of this protective order will maintain that information and documents in confidence and use it only for the purposes of this litigation. 11. No party shaH be obligated to challenge the propriety of a designation of

Discovery Materials as Contidential or Highly Confidential when initially received, and a failure to do so shall not preclude a subsequent challenge thereto. If, at any time, a party objects to a designation of Designated Discovery Materials as Confidential or Highly Confidential under this Stipulation and Order, the objecting party shall notify the Disclosing Party in writing. Within 10 calendar days of the receipt of such notification, counsel for the Disclosing Party and the objecting party shall mect-and-confer in an effort to resolve any disagreement regarding those Designated Discovery Materials. If, for whatever reason, the parties do not resolve their disagreement within that time period, the Disclosing Party !11ay apply within 10 days from the conclusion of the meet and confer period for a mling on the Disclosing Party's designation of the Designated Discovery Materials as Confidential or Highly Confidential. While any such

[4

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 15 of 26

application is pending, the documents or materi~s subject to that application will remain Confidential or Highly Confidential until the Court rules. If the parties do not resolve their disagreement and the Disclosing Party does not apply to the court for a ruling on its designation of Designated Discovery Materials as Confidential within 20 calendar days from the date of receipt of the notification, the Discovery Materials in question will no longer be deemed Confidential or Highly Confidential. The Disclosing Party shall have the burden of showing that the document or infomlation is Contldential or Highly Confidential. Non-parties who have designated Discovery Materials as Confidential or Highly Confidential shall be treated in the same manner as Disclosing Parties, except as follows. If, for whatever reason, the objecting party and the non-party do not resolve their disagreement within the meet and confer period specitled in this paragraph, the objecting party may apply within 10 days from the conclusion of the meet and confer period for a ruling on the non-party's designation of the Discovery Materials as Confidential or Highly Confidential. While any such application concerning non-party Discovery Materials is pending, the documents or materials subject to that application will remain Confidential or Highly Confidential until the Court rules. If the objecting party and nonparty do not resolve their disagreement and the objecting party does not apply to the Court for a ruling on the non-party's designation of Discovery Materials as Conf1dential or Highly Conf1dentiaL the Discovery Materials in question will continue to be deemed Conf1dential or Highly Confidential. 12. The inadvertent or unintentional production or failure to designate any

infonnation as CONFIDENTIAL or HIGHLY CONFIDENTIAL shall not be deemed a waiver of the producing party's claim of contidentiality as to such information and the producing party

15

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 16 of 26

may thereafter designate such information as CONFIDENTIAL or mOHLY CONFIDENTIAL as appropnate. 13. The inadvertent or unintentional production of documents or other information

containing privileged information or attorney work product shall be governed by the terms of the parties' nonwaiver agreement dated August 3, 2007, which is incorporated herein by reference, and made applicable to any parties subsequently added. 14. CONFIDENTIAL or HIGHLY CONFIDENTIAL information, including all

coptes andlor extracts thereof, and all information derived therefrom, shall be held in strict confidence by the receiving party in accordance with the terms of this Order and shall not be disclosed other than as necessary for, or used for any purpose other than, the prosecution or defense of this action by the original parties to the Original Complaint or the parties named in a later amended Complaint, in the action styled VIACOM INTERNATIONAL INC., COMEDY PARTNERS, COUNTRY MUSIC TELEVISION, INC., PARAMOUNT PICTURES CORPORATION, and BLACK ENTERTAINMENT TELEVISION LLC, Plaintiffs, v. YOUTUBE, INC. YOUTUBE, LLC, AND GOOGLE lNG., Defendants, No. 07-CV-21 03, filed with this Court on March 13, 2007, and the action styled THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED, BOUR>JE CO. (together with its affiliate MURBO MUSIC PUBLISHING, INC), CHERRY LANE MUSIC PUBLISHING COMP ANY, INC., CAL IV ENTERTAINMENT LLC, ROBERT TUR d/b/a LOS ANGELES NEWS SERVICE, NATIONAL MUSIC PUBLISHERS ASSOCIATION, THE RODGERS & HAMMERSTEIN ORGANIZATION, STAGE THREE MUSIC (US), INC., EDWARD B. MARKS MUSIC COMPANY, FREDDY BIENSTOCK MUSIC COMPANY d/b/a BIENSTOCK PUBLISHING COMPANY, ALLEY MUSrC CORPORATION, X-RAY DOG MUSIC, INC., FEDERATION 16

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 17 of 26

FRANCAISE DE TENNIS, THE SCOTTISH PREMIER LEAGUE LIMITED, THE MUSIC FORCE MEDIA GROUP LLC, THE MUSIC FORCE LLC, and SINDROME RECORDS, I:rO. on bchalfofthcmselves and all others similarly situated, Plaintiffs, v. YOUTUBE, INC. YOUTUBE, LLC, AND GOOGLE INC, Defendants. No. 07-CV-3582, filed with this Court on May 4, 2007, and Amended Complaint filed with this Court on :--1ovember 7, 2007. In particular, neither CONFIDENTIAL nor HIGHLY CONFIDENTIAL, nor any copies and/or extracts thereof nor anything derived therefrom shall be disclosed in any way to any person, attorney, government agency, or expert for use in any other litigation or contemplated litigation, or for any other purpose extraneous to this litigation. 15. In the event a receiving party is served with legal process seeking production of

CONFIDENTIAL or HIGHLY CONFIDENTIAL material obtained through discovery and protected hereunder, the receiving party shall promptly notify the producing party or non-party whose material is sought, of the service of legal process and afford the producing party or nonparty the opportunity to object thereto. 16. In the event that a party inadvertently discloses CONFIDENTIAL or HIGHLY

CONFIDENTIAL materials or infomlation in a manner that is inconsistent with this Protective Order, the disclosing party shall promptly: I) request the return or destruction of the inadvertently disclosed documents or materials from the possessing parties and request that any other document or materials derived from such be expunged of protected information; 2) inform the producing non-party and the other parties oflhe circumstances of the inadvertent disclosure, mcluding which docliments or materials were disclosed, to whom disclosure was made, and when the disclosure took place; 3) request written confirmation of the destruction or return of all inadvertently disclosed documents from the possessing parties; and 4) within five (5) business
17

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 18 of 26

days provide the producing non-party and other parties in writing, confinnation that the provisions ofthis paragraph have been effectuated, an explanation of when the provisions of this paragraph will be effectuated, or an explanation of why the provisions of this paragraph cannot be effectuated. 17. Within 60 days of the final conclusion of this proceeding, including any appeal, or

upon the settlement andior dismissal of the proceeding, all documents and things or infonnation subject to this Protective Order shall be returned to the party or:o the non-party that produced them, or shall be destroyed. Counsel for each party wi!: certify if. writing their compliance with the provisions of this section. Counsel for the panics may preserve work product and privileged documents, and one hard copy and one electronic copy of each pleading, correspondence and deposition transcript, in their permanent files even though such documents may reflect or contain conl1dcntial documents or infonnation. The conclusion of this proceeding shall not relieve any person or party from any of the requirements imposed by this Protective Order. 18. Any non-party subpoenaed or requested to produce documents and things Or

information, or to give deposition testimony, shall have the full benefits and protections of this Protective Order, and may designate documents or deposition testimony as CONFIDENTIAL or HIGHLY CONFIDENTIAL in the manner, and subject to the same protections, set forth above. 19. Nothing contained in this Protective Order, nor any action taken in compliance with it, shall operate as an admission by any party or third party that any particular information is or is nol CONFIDENTIAL or HIGHLY CONFIDENTIAL matler within the contemplation of the law or prejudice in any way the right of any party or third party to seek a Court determination of whether or not any particular materials should be disclosed or if disclosed whether or nol it should be subject to the terms afthis Order. Further, nothing contained in this Protective Order
18

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 19 of 26

shall operate as an admission by any party or third party as to the relevance, discoverability. authenticity or admissibility of any infonnation or category or infonnation addressed herein.

20.

The r<:levance or admissibility of this Order for any purpose in this proceeding is

reserved for the future decision of the Court,

21.

The use ofinfonnation designated by any pany as CONFIDENTIAL or HIGHLY

CONFIDENTIAL at trial sha2I be governed by the Pretrial Order entered in the action. Nonparties who have produced documents designated CONFIDENTIAL or HIGHLY CONFIDENTIAL shall be given notice of the Pretrial Order as soon as it is entered. If a nonparty objects to the tenns of the Pretrial Order with respect to the use at trial of documents dcsignatec by the non-party as CONFIDENTIAL or HIGHL Y CONFIDENTIAL, the non-party may file a motion for an additional protective order within 5 calendar days of receiving the Pretrial Order. If no motion for an additional protective order is made within 5 calendar days atler the non-party receives the Pretrial Order, then any objection is waived and the non-party's infonnation may be used at trial pursuant to the tenns of the Pretrial Order. 22, Nothing herein shall impose any restrictions on the use or disclosure by a party of

its own CONFIDENTIAL or HIGHLY CONFIDENTIAL infonnation.
23,

The provisions of this Order shall not preclude any pany or non-party from

seeking from the Court, for good cause shown, additional protections, limitations or other modifications on the use of certain documents or infonnation as permitted by Fed. R, Civ. P.
26( c), with notice to parties and non-parties,

24.

All notices or disclosures to a non-party under this Amended Stipulated Pre-Trial

Protective Order shall be made by overnight delivery via a commercial canier to an address or

19

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 20 of 26

representative designated in writing by the non-party, or as otherwise agreed with the non-party. Any such notices shall be deemed received by the non-party on the following business day.

AGREED and STIPULATED

,2008

Attorney Jor Viacom International Inc .. Comedy Partners, Country Music Television, Inc" Paramount Pictures Corporation. and Black Entertainment Television. LLC

By:

=---".~~f:~~~==-=~:::::;:::-- Donald B. Ve . Ii, . (No. DV-22S2)
mt-.'NER & BLOCK LLP 601 Thirteenth Street, N,W. Suite 1200 South Washington, DC 20005-3823 Telephone: [phone] Facsimile: [phone]
Stuart]. Baskin (SB-9936) SHERMAN & STERLING LLP 599 Lexington A venue New York, NY 10022 Telephone (212) 848·4000 Facsimile [phone]

20

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 21 of 26

AGREED and STIPULATED

Attorney for YouTube. Inc., YouTube, LLC and Google Inc.
2008 By:

~''1. . ~_ ~
.:......l ..

_,

1675 Broadway

New York, NY 10019 Telephone: (212) 506·2500
Facsimile: [phone]

David H. Kramer Maura 1.. Recs
Michael H. Rubin Bart E. Volkmer

WILSON SO::\SIN1 GOODRICH & ROSATI
PROFESSIONAL CORPORATION

650 Page Mill Road Palo Alto, CA 94304 [phone]

21

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 22 of 26

AGREED and STIPULATED

________________,2008

Atlorneysfor Lead Plaintiffs The Football Association Premier League Limited and Bourne Co., Named Plaintiffs Murbo Music Publishing, Inc., Cherry Lane Music Publishing Company, Inc., Robert Tur d/b/a Los Angeles News Service, X-Ray Dog Music, Inc., Federation Franraise de Tennis, and The Scottish Premier League Limited, and the Prospective Class

By: Louis M. Solomon PROSKAUER ROSE 1585 Broadway New York, NY J0036·8299 Telephone: [phone] Facsimile: (212) 969·2900 By: ..~_________________ John P. Coffey BERNSTEIN LITOWITZ BERGER & GROSSMAN LLP 1285 A venue of the Americas New York, NY 10019 Telephone: (212) 554·1400 Facsimile: (212) 554·1444

Attorneysfor Cal IV Entertainment LLC
Daniel Girard Aaron Sheanin

Christina H. Connolly
GIRARD GIBBS LLP 60J California Street, 14'hFloor San Francisco, CA 94108

·andGerald E. Martin Laurel Johnston BARRETI' JOHNSTON & PARSLEY 217 Second Avenue North Nashville, TN 3720J

22

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 23 of 26

-andKevin Doherty BURR & FORMAN 700 Two American Center 3102 W cst End A venue ~ashvil1e, T?\ 37203

Allorneys for the Nalionallvfusic Publishers' Association, Rodgers & Hammerstein Organization, Stage Three Music (US), Inc., Edward B. Marks Music Company, Freddy Bienstock Music Company d/b/a Bienstock Publishing Company, and Alley Music CO/poration.
David S. Stellings L1EFF CABRASER HEIMANN & BERNSTEIN, LLP 780 Third A venue, 48th Floor New York, NY 10017-2024 Telephone: [phone] Facsimile: [phone]-andJames E. Hough MORRISON & FOERSTER 1290 A venue of the Americas New York, ?\cwYork 10104 Telephone: [phone] Facsimile: [phone]

Attorneysfor The Music Force Media Group LLC, The Music Force LLC, and Sin-Drome Records, Ltd.
Christopher Lovell (CL-2595) Christopher M. McGrath (CM-4983) LOVELL STEW ART HALEBIAN LLP 500 Fifth Avenue, 58th Floor ~ew York, ?\ew York ]0] 10 Telephone: [phone] Facsimile: [phone]

-andJeffrey 1. Graubart (JG-1338) 23

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 24 of 26

LAW OFFICES OF JEFFREY L. GRAUBART 350 West Colorado Boulevard, Suite 200 Pasadena, Califomia 91I05-1855 Telephone: [phone] Facsimile: [phone]

-and·
Steve D'Onorrio (SD·S794) 5335 Wisconsin Avenue, N.W. Suite 950 Washin&>ton, D.C. 20015 Telephone: [phone] Facsimile: [phone]

24

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 25 of 26

ORDER

The foregoing Stipulation is hereby approved and IT IS ORDERED that the terms of the foregoing Stipulation are hereby adopted and shell govern this action unless otherwise ordered by the Court.
BY THE COURT:

Dated:

/

I

25

Case 1:07-cv-02103-LLS Document 107

Filed 05/15/08 Page 26 of 26

EXHIBIT A
PROTECTIVE AGREEMENT ACKNOWLEDGEMENT
I hereby acknowledge that I am being given access to Confidential andlor Highly Confidential infonnation that is the subject of a Protective Order in the case entitled Viacom International Inc., Comedy Partners, Country Music Television, Inc" Paramount Pictures Cor:poration, and Black Entertainment Television LLC v. YouTube, Inc., YouTube, LLC, and Google, Inc., Civil File No. 07-CV-2103 (LLS) (FM); or The Football Association Premier League Limited, Bourne Co. (together with its affiliate Murbo Music Publisoing, Inc.), Cherry Lane Music Publishing Company, Ine., Cal IV Entertairuncnt, LLC, Robert Tur d/b/a! Los AngeJes News Service, National Music Publishers Association, The Rodrcrs & Hammerstein Organiza:ion, Stage There Music (US), Inc., Edward B. Marks Music Company. Freddy l3ienstock Music Companv d/hla Bienstock Publishing Company, Alley Music Corporation. XRay Dog Music, Inc" Federation Francaise de Tennis, The Scottish Premier League Limited, The Music Force Media GroupLLc' Thc Music Force LLC, and Sindrome Records, Ltd .. on behalf of themselves and all others similarly situated, v. YouTube, Inc. YouTube, LLC, and Google Inc., Civil File No. 07-CV-3582 (LLS), pendmg before the United States District Court for the Southem District of New York, I agree that I shall maintain that Confidential andlor Highly Confidential infonnation in confidence and will use it for no other purpose than as provided in paragraph I of the Protective Order. I understand that I can be subject to sanctions for violation ofthis agreement, and I hereby submit myself to the jurisdiction of the United States District Court for the Southern District of New York, for the purpose of any proceeding arising out of a purported violation by me of the Protective Order. I further agree that upon the conclusion of my having any need for further access
[0

confidential infonnation provided to me, or upon request

by the person making tbem available to me or Order oflhe Court, I shall return to the person making them available to me all Confidential and Highly Confidential items provided and all copies thereof.

Printed Name

Signature

Dale

Address

26