Perfect 10 Inc v. Google Inc et al

Filing 954

STATUS REPORT Re Google's Supplemental Production in Response to the Court's June 16, 2010 Order filed by Counter Claimant Google Inc, Defendant Google Inc. (Caruso, Margret)

Perfect 10 Inc v. Google Inc et al

Doc. 954

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Michael T. Zeller (Bar No. 196417) [e-mail] 865 South Figueroa Street, 10th Floor Los Angeles, California 90017-2543 Telephone: [phone] Facsimile: [phone] Charles K. Verhoeven (Bar No. 170151) [e-mail] 50 California Street, 22nd Floor San Francisco, California 94111 Rachel Herrick Kassabian (Bar No. 191060) [e-mail] Margret M. Caruso (Bar No. 243473) [e-mail] 555 Twin Dolphin Drive, 5th Floor Redwood Shores, California 94065 Attorneys for Defendant GOOGLE INC. PERFECT 10, INC., a California corporation, Plaintiff, vs. GOOGLE INC., a corporation; and DOES 1 through 100, inclusive,
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NO. CV 04-9484 AHM (SHx) DISCOVERY MATTER GOOGLE INC.'S STATUS REPORT RE GOOGLE'S SUPPLEMENTAL PRODUCTION IN RESPONSE TO THE COURT'S JUNE 16, 2010 ORDER Hon. Stephen J. Hillman Date: None Set Time: None Set Crtrm.: 550 Discovery Cut-Off Date: None Set Pretrial Conference Date: None Set Trial Date: None Set

Defendants. AND COUNTERCLAIM

Case No. CV 04-9484 AHM (SHx) GOOGLE INC.'S STATUS REPORT RE GOOGLE'S SUPPLEMENTAL PRODUCTION IN RESPONSE TO THE COURT'S JUNE 16, 2010 ORDER Dockets.Justia.com

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Google respectfully submits the following status report regarding its

2 supplemental production of documents in response to the Court's July 2, 2010 Order 3 (Dkt. No. 921). 4 I. 5 6 SUPPLEMENTAL PRODUCTION PURSUANT TO THE JUNE 16, 2010 ORDER On June 16, 2010, the Court denied P10's Motion for Evidentiary Sanctions,

7 but partially granted P10 the alternative relief it had requested--additional 8 document production. In the June 16, 2010 Order, the Court ruled that Google was 9 to further supplement its production of the following categories of documents: 10 12 13 15 1. 2. 3. 4. DMCA logs for Web Search, Image Search and AdSense maintained in AdSense repeat infringer tracking spreadsheets;1 DMCA termination notices for Web Search, Image Search and Communications with "owners" of websites listed in P10's Request for 11 an electronic spreadsheet format;

14 AdSense; 16 Production No. 29, to the extent that ownership information is available in Google's 17 records; 18 19 5. 6. Documents related to Google's repeat infringer policies; Board meeting minutes discussing P10 or copyright infringement,

20 misappropriation of rights of publicity, or trademark infringement in connection 21 with adult content; and 22 7. Reports, studies, or internal memoranda ordered, requested, or 23 circulated by Bill Brougher, Susan Wojcicki, Walt Drummond, and Eric Schmidt or 24 circulated by or to John Levine, Heraldo Botelho, Radhika Malpani, Jessie Jiang, 25 26 Numbers 1 and 2 are combined below because Google's spreadsheet DMCA 27 log for AdSense is the same as the DMCA repeat infringer tracking spreadsheet for AdSense. 28
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Case No. CV 04-9484 AHM (SHx) -1 GOOGLE INC.'S STATUS REPORT RE GOOGLE'S SUPPLEMENTAL PRODUCTION IN RESPONSE TO THE COURT'S JUNE 16, 2010 ORDER

1 Lawrence You, Diane Tang, and Alexander MacGillivray relating to the following 2 topics: search query frequencies, search query frequencies for adult-related terms, 3 number of clicks on adult images and images in general, traffic to infringing 4 websites, the draw of adult content, and percentage of searches conducted with the 5 safe search filter off. 6 8 II. 9 10 Google's continued diligent efforts to supplement its production of each of DMCA SPREADSHEETS FOR WEB SEARCH, IMAGE SEARCH AND ADSENSE On July 20, 2010, Google completed its supplemental production of AdSense 7 the categories of documents addressed in the Court's Order are described below.

11 repeat infringer DMCA processing spreadsheets and P10-specific DMCA 12 processing spreadsheets for Web and Image Search to cover DMCA notices 13 received since Google's last production of these categories of documents as directed 14 by the Court. Google also voluntarily re-produced AdSense repeat infringer DMCA 15 processing spreadsheets and P10-specific DMCA processing spreadsheets it had 16 previously produced. These spreadsheets are all of the DMCA logs for Web Search, 17 Image Search and AdSense that exist in native-spreadsheet format and were located 18 after a reasonable search. Google's supplemental production was made in Excel 19 format as P10 requested on June 28, 2010. 2 0 III. 21 DMCA TERMINATION NOTICES FOR ADSENSE Google has made significant efforts to locate, collect and produce additional

22 AdSense DMCA termination notices resulting from third-party DMCA notices 23 Google has received, but its supplemental production of those documents is not yet 24 completed. The process of locating potentially responsive emails related to 25 Google's enforcement of its repeat infringer policies for AdSense required more 26 than 25 days to complete, in part because of the absence of key legal personnel 27 described in Google's June 30, 2010 Ex Parte Application (Dkt. No. 917). The 28
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Case No. CV 04-9484 AHM (SHx) -2 GOOGLE INC.'S STATUS REPORT RE GOOGLE'S SUPPLEMENTAL PRODUCTION IN RESPONSE TO THE COURT'S JUNE 16, 2010 ORDER

1 significant volume of the documents collected for review required an additional four 2 days for processing. 3 As described in Google's Ex Parte, Google has assigned additional legal 4 personnel to this supplemental production effort in an attempt to produce these 5 documents as soon as possible. The review of the documents to locate AdSense 6 DMCA termination notices is more than halfway completed, and Google expects to 7 be able to make a further supplemental production of AdSense termination notices 8 within a few weeks. 9 Web and Image Search do not have account holders or subscribers (see July 10 26, 2010 DMCA Order (Dkt. No. 937) at 7), so there are no accounts to terminate 11 for those products. 12 IV. 13 COMMUNICATIONS WITH OWNERS OF CERTAIN WEBSITES Google has completed a reasonable search of its AdSense publisher contracts

14 and confirmed that it has no additional records that would allow it to identify the 15 owners of the websites listed in P10's Request for Production No. 29. Accordingly, 16 Google has no additional documents responsive to this category. 17 V. 18 DOCUMENTS DESCRIBING REPEAT INFRINGER POLICIES On July 20, 2010, Google completed its supplemental production of DMCA

19 policies and forms for AdSense, AdWords and Blogger and its production of terms 20 and conditions and program policies prohibiting repeat infringement for AdSense 21 and Blogger. 22 VI. 23 24 BOARD MEETING MINUTES DISCUSSING P10 OR IP VIOLATIONS RELATED TO ADULT CONTENT Google has completed a reasonable search of its minutes of Board of Director

25 meetings and confirmed that it has no additional records that mention P10 or 26 Google's potential liability for copyright infringement, misappropriation of rights of 27 publicity or trademark infringement in connection with adult content. 28
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Case No. CV 04-9484 AHM (SHx) -3 GOOGLE INC.'S STATUS REPORT RE GOOGLE'S SUPPLEMENTAL PRODUCTION IN RESPONSE TO THE COURT'S JUNE 16, 2010 ORDER

1 VII. REPORTS, STUDIES, OR MEMORANDA RELATED TO SPECIFIED 2 3 TOPICS CIRCULATED BY CERTAIN INDIVIDUALS Google has made significant efforts to locate, collect and produce additional

4 reports, studies and memoranda ordered, requested, or circulated by certain Google 5 employees related to search query frequencies, search query frequencies for adult6 related terms, number of clicks on adult images and images in general, traffic to 7 infringing websites, the draw of adult content, and percentage of searches conducted 8 with the safe search filter off, but its supplemental production of those documents is 9 not yet completed. The process of collecting the email and other files of the relevant 10 Google employees required more than 20 days to complete, in part because of the 11 absence of key legal personnel described in Google's Ex Parte. The processing of 12 the significant volume of documents collected for review is being done on a rolling 13 basis to speed the review, but will require several weeks to complete. 14 As described in Google's Ex Parte, Google has assigned additional legal 15 personnel to this supplemental production effort in an attempt to produce these 16 documents as soon as possible. Despite these efforts, Google estimates that it will 17 take at least four more weeks to complete the review and prepare a production of 18 any responsive documents. 19 DATED: July 31, 2010 20 21 22 23 24 25 26 27 28
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QUINN EMANUEL URQUHART & SULLIVAN, LLP

By /s/ Margret M. Caruso Margret M. Caruso Attorneys for Defendant GOOGLE INC.

Case No. CV 04-9484 AHM (SHx) -4 GOOGLE INC.'S STATUS REPORT RE GOOGLE'S SUPPLEMENTAL PRODUCTION IN RESPONSE TO THE COURT'S JUNE 16, 2010 ORDER