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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James A. Lamberth (Ga. Bar No. 431851)
TROUTMAN SANDERS LLP
600 Peachtree Street, N.E.
Suite 5200
Atlanta, Georgia 30308
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Non-Party Turner Broadcasting System, Inc.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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EDWARD O’BANNON, et al.,

Case No. 4:09-CV-3329-CW

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Plaintiffs,

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v.

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DECLARATION OF TINA K. SHAH
Judge:

Honorable Claudia Wilken

NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION; COLLEGIATE
LICENSING COMPANY; and
ELECTRONIC ARTS INC.,
Defendants.

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I, TINA K. SHAH, declare and state as follows:

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1.

I am an Assistant General Counsel with Turner Broadcasting System, Inc. (“TBS,

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Inc.”). I am over 18 years of age and competent to give this declaration. The following facts are

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based on my personal knowledge.

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2.

I understand that in connection with the above-captioned case, the National

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Collegiate Athletic Association (“NCAA”) and the Plaintiffs have indicated they may seek to

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admit the following highly confidential agreements as exhibits during the upcoming trial: (1) the

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Multi-Media Agreement between TBS, Inc., CBS Broadcasting Inc. (“CBS”), and the NCAA

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dated April 22, 2010 (the “Multi-Media Agreement”); and (2) the Digital Rights Agreement

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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

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Rights Agreement”). I further understand that the NCAA intends to file an Administrative

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Motion to Seal Confidential Trial Exhibits in which, among other things, it will seek to ensure

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that highly confidential provisions of the Multi-Media Agreement and the Digital Rights

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Agreement are redacted from the versions of these agreements admitted into evidence at trial.

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TBS, Inc. is not a party to this litigation and urges that the highly confidential portions of these

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agreements not be publicly disclosed.

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3.

TBS, Inc., among other things, is in the business of managing and distributing

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content on multiple television programming services and platforms. TBS, Inc. frequently

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negotiates rights agreements with third party content providers in the sports, entertainment and

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news industries, which provide TBS, Inc. and its subsidiaries and affiliates with rights to manage

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and distribute such content on various television programming services and platforms.

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4.

TBS, Inc., among other things, is in the business of managing and operating digital

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businesses, including distributing content on digital platforms and creating applications and

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services for those digital platforms. TBS, Inc. frequently negotiates digital rights agreements

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with third party content providers in the sports, entertainment and news industries, which provide

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TBS, Inc. and its subsidiaries and affiliates (including Turner Sports Interactive, Inc.) with rights

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to distribute such content on behalf of such third parties across digital platforms (e.g., NBA.com,

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PGA.com, BleacherReport.com).

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5.

The Multi-Media Agreement is the current agreement between TBS, Inc., CBS,

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and the NCAA relating to the distribution rights for the NCAA Division I Men’s Basketball

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Championship.

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The Digital Rights Agreement is the current agreement between the NCAA and

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Turner Sports Interactive, Inc., a subsidiary of TBS, Inc., relating to the distribution of certain

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content across digital platforms.

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7.

TBS, Inc. understands that redacted versions of the Multi-Media Agreement and

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the Digital Rights Agreement previously have been filed on the record in this action. See Case

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No. 09-CV-1967-CW, ECF Nos. 653, 655. The redacted provisions in the Multi-Media

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Agreement and the Digital Rights Agreement contain highly confidential information and are
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DECLARATION OF TINA K. SHAH
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competitively sensitive to TBS, Inc. TBS, Inc. takes steps to ensure that the Multi-Media

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Agreement and the Digital Rights Agreement are not disclosed outside of a group of persons

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within TBS, Inc. who have a business reason to know their contents.

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There are a number of entities with which TBS, Inc. competes in its effort to

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obtain rights to manage and distribute content on its multiple television programming services

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and digital platforms.

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Many of the terms of the rights agreements that TBS, Inc. enters into with content

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providers are heavily negotiated. The redacted terms of the Multi-Media Agreement and the

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Digital Rights Agreement were heavily negotiated.

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Public disclosure of the redacted terms of the Multi-Media Agreement would harm

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TBS, Inc., among other things, in its efforts to obtain rights to manage and distribute content on

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its television programming services.

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In particular, if the heavily-negotiated licensing terms of the Multi-Media

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Agreement are publicly disclosed, the terms to which TBS, Inc. agreed will be available to both

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those entities with which TBS, Inc. negotiates for distribution rights and those entities with which

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TBS, Inc. competes to obtain distribution rights. Knowledge of those terms could then be used

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strategically to TBS, Inc.’s detriment by a content provider in its negotiations with TBS, Inc. or

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by a competitor in its efforts to obtain the same distribution rights for which TBS, Inc. is

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negotiating. If the content of these redacted provisions is disclosed to the public, TBS, Inc. is

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likely to be harmed in its efforts to negotiate future rights agreements.

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12.

Similarly, public disclosure of the redacted terms of the Digital Rights Agreement

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would harm TBS, Inc., among other things, in its efforts to obtain rights to and manage content on

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digital platforms.

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In particular, if the redacted provisions of the Digital Rights Agreement are

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publicly disclosed, the terms to which TBS, Inc. agreed will be available to both those entities

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with which TBS, Inc. negotiates for digital rights and those entities with which TBS, Inc.

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competes to obtain digital rights. Knowledge of those terms could then be used strategically to

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TBS, Inc.’s detriment by a content provider in its negotiations with TBS, Inc. or by a competitor
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in its efforts to obtain the same digital rights for which TBS, Inc. is negotiating. If the content of

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these redacted provisions is disclosed to the public, TBS, Inc. is likely to be harmed in its efforts

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to negotiate future digital rights agreements.

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DECLARATION OF TINA K. SHAH
CASE NO. 4:09-CV-3329-CW