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

Filing 84

Declaration of Gill Sperlein in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment 83 filed by IO Group, Inc. (Attachments: # 1 Exhibit Papa Deposition Excerpts# 2 Exhibit Styn Deposition Excerpts)(Related document(s) 83 ) (Sperlein, Dennis) (Filed on 8/14/2007) Text modified on 8/15/2007 to conform to document caption post by counsel (bw, COURT STAFF).

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

Doc. 84 Att. 1

Case 5:06-cv-03926-HRL

Document 84-2

Filed 08/14/2007

Page 1 of 9

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

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 JOSPEH PAPA VOLUME II SAN DIEGO, CALIFORNIA MAY 22, 2007

REPORTED BY:

NICOLE R. HARNISH, CSR No. 13101

Dockets.Justia.com

Case 5:06-cv-03926-HRL

Document 84-2

Filed 08/14/2007

Page 2 of 9

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

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 8:10 p.m., on Tuesday, May 22, 2007, at 530 B Street, Suite 350, San Diego, California, before Nicole R. Harnish, Certified Shorthand Reporter in and for the State of California.

Case 5:06-cv-03926-HRL

Document 84-2

Filed 08/14/2007

Page 3 of 9

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

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

139

Case 5:06-cv-03926-HRL

Document 84-2

Filed 08/14/2007

Page 4 of 9

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 BY MR. SPERLEIN: Q.

JOSEPH PAPA, having been duly sworn, testified as follows:

EXAMINATION

Good morning, Mr. Papa.

Everything that I

said yesterday before we started the deposition also applies today, as far as remembering to give audible responses. You did a great job yesterday, so I think

we will be fine on that. Yesterday you talked about prior to Veoh going online that there was a possibility being discussed of having community reviewers review content before it was made generally available to the Veoh community; is that correct? A. Q. A. Q. That's correct. Do you remember that conversation? Yes. You indicated later that Veoh found that to

be infeasible and decided not to implement that program. Is that an accurate portrayal of what you said yesterday? A. Yes.

141

Case 5:06-cv-03926-HRL

Document 84-2

Filed 08/14/2007

Page 5 of 9

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

Q.

Do you know if Veoh ever did any studies to

figure out exactly what costs or technologies would be required to implement that program? MS. GOLINVEAUX: THE WITNESS: study? BY MR. SPERLEIN: Q. A. Q. Any kind of financial analysis. I would say an informal analysis was done. And can you tell me how that informal Who was involved with the Object to the form.

What would constitute a

analysis was done? informal analysis? A. Q. A. Q.

The CEO, myself.

That is all I recall.

Is the CEO Dmitry Shapiro? Yes. So did you and Mr. Shapiro discuss the

feasibility of implementing a community reviewer program? A. Q. Yes. Did you discuss the cost of implementing

that program financially? A. Q. Financially, no. Did you discuss the possibility of hiring

individuals to review content? A. Yes.

142

Case 5:06-cv-03926-HRL

Document 84-2

Filed 08/14/2007

Page 6 of 9

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

Q.

And what was the nature of those

discussions? A. In light of the fact that there was not a

community for which there would be any status for these community editors, we considered a staff of interns to do the job until the community grew to the point where it could sustain itself. Q. A. Q. And did you ever hire a staff of interns? No. Did you discuss how many interns would be

required to review content? MS. GOLINVEAUX: THE WITNESS: sole purpose. Object to the form.

Reviewing content wasn't the

The primary purpose of the community

editors was to maintain the metadata and organization. BY MR. SPERLEIN: Q. Did you discuss how many interns would be

required to serve those purposes? A. Q. Informally. Do you recall how many interns you

determined would be required? A. We would discuss it at the level -- back of Sort of guesstimates of around

the envelope level. half dozen or so.

But, again, no formal staffing

143

Case 5:06-cv-03926-HRL

Document 84-2

Filed 08/14/2007

Page 7 of 9

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

plan was ever put together. speculation. Q.

It was just discussions,

At that time did you do any tests to

determine how long it would take an individual to review any given file's metadata? MS. GOLINVEAUX: THE WITNESS: MR. SPERLEIN: Q. The metadata that you were discussing In other words, did you Object to the form.

What specific metadata?

having interns review.

determine how many seconds or minutes it would take for an intern to take one video file, review the metadata, pass it on, and go on to the next one? A. Q. Again, informally in broad terms. You said you made a guesstimate that a half

dozen or so interns might be required; is that correct? A. Q. That is my recollection. Do you recall how it is that you came up

with the half dozen? A. Even at low volumes it seemed to be a very

labor intensive task and if we projected, again, off the cuff, even modest growth, it would take numerous people. Q. Did you do an analysis of the salary ranges

144

Case 5:06-cv-03926-HRL

Document 84-2

Filed 08/14/2007

Page 8 of 9

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

that would be required for interns to do these tasks? MS. GOLINVEAUX: THE WITNESS: BY MR. SPERLEIN: Q. Does Veoh use the services of a company Object to the form.

I don't recall an analysis.

called LimeLight? A. Q. Yes. And can you describe briefly what services

LimeLight performs for Veoh? A. network. Q. And how does the content distribution LimeLight is a content distribution

network like LimeLight assist Veoh in providing its services? MS. GOLINVEAUX: THE WITNESS: similar to Akamai. Object to the form.

LimeLight is an industry

You may have heard of -- CDNs are

Internet infrastructure that provides caching for Web site content. BY MR. SPERLEIN:

Q.

And the CDN you referred to there is a

content -- could you tell me what it is? A. Q. Content distribution network. CDN?

145

Case 5:06-cv-03926-HRL

Document 84-2

Filed 08/14/2007

Page 9 of 9