O'Bannon, Jr. v. National Collegiate Athletic Association et al

Filing 200

Administrative Motion to File Under Seal Confidential Trial Exhibits filed by National Collegiate Athletic Association. (Attachments: # 1 Exhibit 400, # 2 Exhibit 400, # 3 Exhibit 2218, # 4 Exhibit 2218, # 5 Declaration of Scott Bearby ISO, # 6 Declaration of Nathan Rehn ISO, # 7 Exhibit A to Rehn Decl., # 8 Exhibit B to Rehn Decl., # 9 Declaration of Daniel Weinberg ISO, # 10 Declaration of Tina Shah ISO, # 11 Proposed Order)(Pomerantz, Glenn) (Filed on 6/10/2014) Modified on 6/10/2014 (cpS, COURT STAFF).

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1 2 3 4 James A. Lamberth (Ga. Bar No. 431851) TROUTMAN SANDERS LLP 600 Peachtree Street, N.E. Suite 5200 Atlanta, Georgia 30308 Telephone: (404) 885-3000 Facsimile: (404) 885-3900 Email: james.lamberth@troutmansanders.com 5 Attorneys for Non-Party Turner Broadcasting System, Inc. 6 7 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 9 10 EDWARD O’BANNON, et al., Case No. 4:09-CV-3329-CW 11 Plaintiffs, 12 v. 13 14 15 16 DECLARATION OF TINA K. SHAH Judge: Honorable Claudia Wilken NATIONAL COLLEGIATE ATHLETIC ASSOCIATION; COLLEGIATE LICENSING COMPANY; and ELECTRONIC ARTS INC., Defendants. 17 18 19 I, TINA K. SHAH, declare and state as follows: 20 1. I am an Assistant General Counsel with Turner Broadcasting System, Inc. (“TBS, 21 Inc.”). I am over 18 years of age and competent to give this declaration. The following facts are 22 based on my personal knowledge. 23 2. I understand that in connection with the above-captioned case, the National 24 Collegiate Athletic Association (“NCAA”) and the Plaintiffs have indicated they may seek to 25 admit the following highly confidential agreements as exhibits during the upcoming trial: (1) the 26 Multi-Media Agreement between TBS, Inc., CBS Broadcasting Inc. (“CBS”), and the NCAA 27 dated April 22, 2010 (the “Multi-Media Agreement”); and (2) the Digital Rights Agreement 28 between Turner Sports Interactive, Inc. and the NCAA dated August 23, 2010 (the “Digital DECLARATION OF TINA K. SHAH CASE NO. 4:09-CV-3329-CW 1 Rights Agreement”). I further understand that the NCAA intends to file an Administrative 2 Motion to Seal Confidential Trial Exhibits in which, among other things, it will seek to ensure 3 that highly confidential provisions of the Multi-Media Agreement and the Digital Rights 4 Agreement are redacted from the versions of these agreements admitted into evidence at trial. 5 TBS, Inc. is not a party to this litigation and urges that the highly confidential portions of these 6 agreements not be publicly disclosed. 7 3. TBS, Inc., among other things, is in the business of managing and distributing 8 content on multiple television programming services and platforms. TBS, Inc. frequently 9 negotiates rights agreements with third party content providers in the sports, entertainment and 10 news industries, which provide TBS, Inc. and its subsidiaries and affiliates with rights to manage 11 and distribute such content on various television programming services and platforms. 12 4. TBS, Inc., among other things, is in the business of managing and operating digital 13 businesses, including distributing content on digital platforms and creating applications and 14 services for those digital platforms. TBS, Inc. frequently negotiates digital rights agreements 15 with third party content providers in the sports, entertainment and news industries, which provide 16 TBS, Inc. and its subsidiaries and affiliates (including Turner Sports Interactive, Inc.) with rights 17 to distribute such content on behalf of such third parties across digital platforms (e.g., NBA.com, 18 PGA.com, BleacherReport.com). 19 5. The Multi-Media Agreement is the current agreement between TBS, Inc., CBS, 20 and the NCAA relating to the distribution rights for the NCAA Division I Men’s Basketball 21 Championship. 22 6. The Digital Rights Agreement is the current agreement between the NCAA and 23 Turner Sports Interactive, Inc., a subsidiary of TBS, Inc., relating to the distribution of certain 24 content across digital platforms. 25 7. TBS, Inc. understands that redacted versions of the Multi-Media Agreement and 26 the Digital Rights Agreement previously have been filed on the record in this action. See Case 27 No. 09-CV-1967-CW, ECF Nos. 653, 655. The redacted provisions in the Multi-Media 28 Agreement and the Digital Rights Agreement contain highly confidential information and are -2- DECLARATION OF TINA K. SHAH CASE NO. 4:09-CV-3329-CW 1 competitively sensitive to TBS, Inc. TBS, Inc. takes steps to ensure that the Multi-Media 2 Agreement and the Digital Rights Agreement are not disclosed outside of a group of persons 3 within TBS, Inc. who have a business reason to know their contents. 4 8. There are a number of entities with which TBS, Inc. competes in its effort to 5 obtain rights to manage and distribute content on its multiple television programming services 6 and digital platforms. 7 9. Many of the terms of the rights agreements that TBS, Inc. enters into with content 8 providers are heavily negotiated. The redacted terms of the Multi-Media Agreement and the 9 Digital Rights Agreement were heavily negotiated. 10 10. Public disclosure of the redacted terms of the Multi-Media Agreement would harm 11 TBS, Inc., among other things, in its efforts to obtain rights to manage and distribute content on 12 its television programming services. 13 11. In particular, if the heavily-negotiated licensing terms of the Multi-Media 14 Agreement are publicly disclosed, the terms to which TBS, Inc. agreed will be available to both 15 those entities with which TBS, Inc. negotiates for distribution rights and those entities with which 16 TBS, Inc. competes to obtain distribution rights. Knowledge of those terms could then be used 17 strategically to TBS, Inc.’s detriment by a content provider in its negotiations with TBS, Inc. or 18 by a competitor in its efforts to obtain the same distribution rights for which TBS, Inc. is 19 negotiating. If the content of these redacted provisions is disclosed to the public, TBS, Inc. is 20 likely to be harmed in its efforts to negotiate future rights agreements. 21 12. Similarly, public disclosure of the redacted terms of the Digital Rights Agreement 22 would harm TBS, Inc., among other things, in its efforts to obtain rights to and manage content on 23 digital platforms. 24 13. In particular, if the redacted provisions of the Digital Rights Agreement are 25 publicly disclosed, the terms to which TBS, Inc. agreed will be available to both those entities 26 with which TBS, Inc. negotiates for digital rights and those entities with which TBS, Inc. 27 competes to obtain digital rights. Knowledge of those terms could then be used strategically to 28 TBS, Inc.’s detriment by a content provider in its negotiations with TBS, Inc. or by a competitor -3- DECLARATION OF TINA K. SHAH CASE NO. 4:09-CV-3329-CW 1 in its efforts to obtain the same digital rights for which TBS, Inc. is negotiating. If the content of 2 these redacted provisions is disclosed to the public, TBS, Inc. is likely to be harmed in its efforts 3 to negotiate future digital rights agreements. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- DECLARATION OF TINA K. SHAH CASE NO. 4:09-CV-3329-CW

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