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.

Doc. 107 Att. 3

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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 DMITRY SHAPIRO SAN DIEGO, CALIFORNIA MAY 21, 2007

NICOLE R. HARNISH, CSR No. 13101

Dockets.Justia.com

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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 DEPOSITION OF DMITRY SHAPIRO, taken by the Plaintiff, commencing at the hour of 2:00 p.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. IO GROUP, INC., a California ) Corporation, ) ) Plaintiff, ) ) vs. )Case No. C-06-3926(HRL) ) VEOH NETWORKS, Inc., a ) California Corporation, ) ) Defendant. ) _____________________________) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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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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of the content group? A. I am actually not sure if there were any

other deals. Q. After the content group was formed, have

they made deals to put content on the Veoh system? A. Q. Yes, they have. Can you give me a few examples of some of

the deals that you might consider to be one of the more important ones? A. Sure. CBS, Us Magazine, Road and Track Magazine, Car and Driver Magazine, United Talent Agency. Q. Are all of those deals similar to the

Turner deal in that there's no payment by one side or the other for the transaction? A. Q. A. Yes, I believe so. What content did CBS have a deal to -So it is not launched yet. It is a new

deal for us, but it is shows from CBS. Q. Do you want this portion to be marked? MS. GOLINVEAUX: I was going to ask should

this -- would you like this portion to be designated confidential? Is this public knowledge? No. It is public knowledge.

THE WITNESS: It has been announced.

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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 question.

MR. SPERLEIN: BY MR. SPERLEIN: Q.

Thank you.

Have the shows been selected or will that

be determined later? A. I believe that will be determined later. MS. GOLINVEAUX: Mr. Sperlein, if I could

just clarify for the record that Mr. Shapiro is testifying in response to four of the topics noticed in the 30B6 notice. Those are 7, 11, 18, and 19,

just so that is clear on the record. MR. SPERLEIN: MS. GOLINVEAUX: BY MR. SPERLEIN: Q. In those instances when Veoh was actually Okay. Thanks.

uploading the video content on the Veoh system for content that they've obtained from what I will refer to as third-party content providers, does Veoh also have to then enter metadata information such as title and description and those things? MS. GOLINVEAUX: Object to the form of the

I believe it assumes facts not yet in

evidence for this deposition. THE WITNESS: When you upload a video, you

have to enter -- yes, metadata, title, description, et cetera.

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BY MR. SPERLEIN: Q. Okay. So if the content is being uploaded

by Veoh, then Veoh would have to also enter the Metadata; is that correct? A. Yes. I believe it has to be done at the

time of upload. Q. Thank you. Are -- the deals that we've been discussing generally require a written agreement? MS. GOLINVEAUX: question. BY MR. SPERLEIN: Q. Do any of these -- do any of the deals that Object to the form of the

you have specifically mentioned this afternoon, are any of them represented by a written document for that deal? A. Q. Yes. And for what purpose does Veoh seek to

obtain additional content from third-party providers? MS. GOLINVEAUX: question. BY MR. SPERLEIN: Q. A. You can go ahead and answer. It is primarily for -- to be associated So PR purposes, brand association. Object to the form of the

with just brands.

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