IO Group, Inc. v. Veoh Networks, Inc.

Filing 107

Supplemental Declaration of Gill Sperlein in Support of Plaintiff's Motion for Summary Judgment 78 filed by IO Group, Inc. (Attachments: # 1 Exhibit Papa Deposition Excerpts# 2 Exhibit Dunning Deposition Excerpts# 3 Errata Shapiro Deposition Excerpts# 4 Exhibit Styn Deposition Excerpts# 5 Exhibit Bilger Deposition Excerpts)(Related document(s) 78 ) (Sperlein, Dennis) (Filed on 9/5/2007) Text modified on 9/5/2007 to conform to document caption post by cousnel (bw, COURT STAFF).

IO Group, Inc. v. Veoh Networks, Inc.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTED BY:

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

IO GROUP, INC., a California ) Corporation, ) ) Plaintiff, ) ) vs. )Case No. C-06-3926(HRL) ) Veoh NETWORKS, Inc., a ) California Corporation, ) ) Defendant. ) _____________________________)

HIGHLY CONFIDENTIAL DEPOSITION OF JOSEPH PAPA VOLUME I SAN DIEGO, CALIFORNIA MAY 21, 2007

NICOLE R. HARNISH, CSR No. 13101

Dockets.Justia.com

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

IO GROUP, INC., a California ) Corporation, ) ) Plaintiff, ) ) vs. )Case No. C-06-3926(HRL) ) Veoh NETWORKS, Inc., a ) California Corporation, ) ) Defendant. ) _____________________________)

DEPOSITION OF JOSEPH PAPA, taken by the Plaintiff, commencing at the hour of 9:00 a.m., on Monday, May 21, 2007, at 530 B Street, Suite 350, San Diego, California, before Nicole R. Harnish, Certified Shorthand Reporter in and for the State of California.

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APPEARANCES:

For the Plaintiff: GILL SPERLEIN GENERAL COUNSEL TITAN MEDIA.COM BY: GILL SPERLEIN, ESQ. 584 Castro Street, Suite 849 San Francisco, California 94114 For the Defendant: WINSTON & STRAWN BY: JENNIFER A. GOLINVEAUX, ESQ. 101 California Street San Francisco, California 94111

Also Present:

Keith Ruoff

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expectation. Q. Have you ever, when you have been looking

at files on most recently published page -- actually, strike that. You said earlier that you cannot see the description in that view; is that correct, in the most popular -A. On the thumbnails view you do not get the

description. Q. Okay. At any other time when you were

navigating through the Veoh Web site, have you seen an inaccurately described video file and gone in and changed the information so that it was more accurate? A. Q. A. Yes. And why did you do that? The description contained a variety of

sexually explicit terms, but the video itself was not sexually explicit in any way. And I simply removed

all the sexually explicit terms from the discription. Q. use? A. I probably could have argued that it was. Was that a violation of Veoh's terms of

We don't have an automatic policy for general terms of use violations, only for DMCA issues. I

determined that it was not significant enough for me

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to take action against the user. Q. Is that the only time you recall changing

descriptive information in a video file? A. There is another -- I have changed in the

same way in other places, which is we found, if a user copies and pastes from Microsoft Excel into the description field, you get some very strange characterers in there. I have probably half a dozen

times just removed those odd characters from the description. Q. A. Q. And why did you make those changes? Aesthetics. And would those characters affect users'

abilities to locate video files with a search function? A. No, it would not impact that? MS. GOLINVEAUX: MR. SPERLEIN: MS. GOLINVEAUX: What time is it? It is 12:30. Could we take a short

break and then talk about how the rest of the day goes? MR. SPERLEIN: (Recess.) BY MR. SPERLEIN: Q. Mr. Papa, are there any written policies Okay.

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