Megaupload Ltd v. Universal Music Group Inc

Filing 23

Declaration of KIM DOTCOM in Support of 21 MOTION FOR LEAVE TO TAKE LIMITED DISCOVERY PRIOR TO FED. R. CIV. P. 26(f) CONFERENCE filed by Megaupload Ltd. (Attachments: # 1 Exhibit 1)(Related document(s) 21 ) (Rothken, Ira) (Filed on 12/27/2011) Modified on 12/28/2011 (kc, COURT STAFF).

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IRA P. ROTHKEN (CSB No. 160029)
[e-mail]
JARED P. SMITH (CSB No. 130343)
[e-mail]
ROTHKEN LAW FIRM
3 Hamilton Landing, Suite 280
Novato, CA 94949
Telephone: [phone]
Facsimile: 415.924-2905
LAURENCE F. PULGRAM (CSB No. 115163)
[e-mail]
JENNIFER L. KELLY (CSB No. 193416)
[e-mail]
LIWEN A. MAH (CSB No. 239033)
[e-mail]
ERIN SIMON (CSB No. 268929)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415.281.1350
Attorneys for Plaintiff
MEGAUPLOAD LTD.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MEGAUPLOAD LTD.,

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Plaintiff,
v.
UNIVERSAL MUSIC GROUP, INC. and
DOES 1 to 100, inclusive,
Defendants.

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Case No. CV-116216-CW
DECLARATION OF KIM DOTCOM IN
SUPPORT OF PLAINTIFF’S MOTION
FOR LEAVE TO TAKE LIMITED
DISCOVERY PRIOR TO FED. R. CIV.
P. 26(F) CONFERENCE
Date: February
2, 2012
Time: 2:00 P.M.
Dept:
Courtroom 2, 4th Floor
Judge: The Hon. Claudia Wilken

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DECL. OF KIM DOTCOM ISO PLAINTIFF’S
MOTION FOR LEAVE TO TAKE LIMITED
DISCOVERY PRIOR TO FED. R. CIV. P. 26(f)
CONFERENCE

Case No. CV-116216-CW

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I, Kim Dotcom, declare:

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I am the Chief Innovation Officer of Plaintiff Megaupload Ltd. (“Megaupload”). I

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submit this declaration in support of Megaupload’s Motion for Leave to Take Limited Discovery

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Prior to Fed. R. Civ. P. 26(f) Conference. I make the following statements based upon my

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personal knowledge, except to any extent otherwise specified. If called as a witness, I could and

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would testify competently to the facts set forth herein.

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2.

As explained in my previous declaration in support of Megaupload’s Ex Parte

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Application for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction

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[Dkt. No. 6], after YouTube took down the Megaupload Video, I submitted a counter-notice to

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YouTube to attempt to restore access to the Video. Consistent with YouTube’s treatment of this

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takedown as a copyright matter under the DMCA, YouTube provided me with notice that “UMG”

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was the party that had provided the takedown notice and provided me the form for the detailed

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information that is required to complete a counter-notice under the DMCA. Attached hereto as

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Exhibit 1 is a true and accurate copy of a printout of a screen shot of my computer reflecting the

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counter-notice form and information provided to me by YouTube. When I logged onto my

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administrative console for YouTube, it displayed to me this “Copyright Counter-Notification”

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form. Pre-filled into the form was the information that appears in the box entitled “Video

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Selected for Counter-Notification.” That information included the title, ID number, and length of

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the Megaupload Video. It also had filled in as “Claimant” the party “UMG.” It had filled in as

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“Claimant Email” the email address “[e-mail].”

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I declare under penalty of perjury under the laws of the United States of America and the

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State of California that the foregoing is true and correct, and that this declaration was executed

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this 27th day of December, 2011, in Hong Kong, China.

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/s/ Kim Dotcom
Kim Dotcom

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DECL. OF KIM DOTCOM ISO PLAINTIFF’S
MOTION FOR LEAVE TO TAKE LIMITED
DISCOVERY PRIOR TO FED. R. CIV. P. 26(f)
CONFERENCE

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Case No. CV-116216-CW