Disney Enterprises, Inc. et al v. Hotfile Corp. et al

Filing 195

Plaintiff's MOTION To Substitute Newly Redacted Versions of Motion to Compel the Deposition of Andrei Ianakov in Place of Publicly Filed Versions re 184 Plaintiff's MOTION to Compel Deposition of [REDACTED] by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc.. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C, # 4 Exhibit Attachment D, # 5 Exhibit Attachment E, # 6 Exhibit Attachment F, # 7 Exhibit Attachment G, # 8 Exhibit Attachment H, # 9 Exhibit Attachment I, # 10 Text of Proposed Order)(Stetson, Karen)

ATTACHMENT E

EXHIBIT B

Highly Confidential

Page 191
1
2
3
4
5
6
7
8
9
10
11

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20427-WILLIAMS/TURNOFF
- - - - - - - - - - - - - - - - - - - - - - - - - DISNEY ENTERPRISES,
INC., TWENTIETH CENTURY
FOX FILM CORPORATION,
UNIVERSAL CITY STUDIOS
PRODUCTIONS LLLP,
COLUMBIA PICTURES
INDUSTRIES, INC., and
WARNER BROS.
ENTERTAINMENT, INC.,
Plaintiff,
v.
HOTFILE CORP., ANTON
TITOV, and DOES 1-10,

12
13
14

Defendants.
HOTFILE CORP.,

15

Counterclaimant,
16

v.
17
18

WARNER BROS ENTERTAINMENT
INC.,
Counterdefendant.

19
20
21

- - - - - - - - - - - - - - - - - - - - - - - - VOLUME II
H I G H L Y C O N F I D E N T I A L
(Pursuant to protective order, the following
transcript has been designated highly confidential)

22
23
24
25

30(b)(6) DEPOSITION OF ANTON TITOV
Radisson Blu Hotel
Sofia, Bulgaria
Tuesday, December 6, 2011
AT: 9:10 a.m.
Job No: 44175
TSG Reporting - Worldwide

[phone]

Highly Confidential

Page 279
1

you believe Hotfile informs its users of a policy to

2

terminate repeat copyright infringers?

3

A.

4
5

I'm not aware of any other place where Hotfile is
informed about this except in the terms of service.

Q.

Okay.

Now we talked about the fact that after this

6

complaint was filed, Hotfile modified its practice with

7

regard to repeat infringers, right?

8

A.

Correct.

9

Q.

And Hotfile now has a strike system?

10

A.

Correct.

11

Q.

And prior to the filing of this lawsuit, Hotfile did not

12

have a strike system?

13

MR. THOMPSON:

14

A.

Objection, vague.

No, it did not ...

15

(Reporter clarification.)

16

18

BY MR. FABRIZIO:

19

Q.

20

Did Hotfile have any systematic process to identify
repeat copyright infringers prior to this litigation?

21

MR. THOMPSON:

22

A.

23

Objection, vague.

Not based on a computer decision, if that is what you
mean by "systematic."

24

BY MR. FABRIZIO:

25

Q.

Well, that's one thing that I mean by "systematic."
TSG Reporting - Worldwide

[phone]

But

Highly Confidential

Page 280
1

was there a regular practice of identifying copyright

2

infringers and tracking copyright infringers so that

3

Hotfile could identify repeat copyright infringers?

4

MR. THOMPSON:

5

A.

Objection, vague.

The practice was to terminate repeat infringers after

6

a complaint from owner of a copyright, and -- or even

7

just an indication from copyright owner that he has

8

a certain problem with the user.

9

other ways to -- I mean, the general idea was that it

10

And there might be

was by discretion.

11

BY MR. FABRIZIO:

12

Q.

By discretion of who?

13

A.

Most of the time it was by Ianakov and

14

Q.

Did you or any of the other shareholders, to your

.

15

knowledge, give Mr. Ianakov or

16

when they should terminate copyright infringers?

17

MR. THOMPSON:

18

BY MR. FABRIZIO:

19

Q.

instructions as to

Objection.

Overbroad, vague as to time.

For the current time, all my questions concern the

20

period of time prior to the filing of this action.

21

we're shifting to the post complaint period of time,

22

I'll let you know.

When

Okay?

23

A.

Yes.

24

Q.

So did you -- or, to your knowledge, any of the other

25

Hotfile shareholders -- ever give Mr. Ianakov or
TSG Reporting - Worldwide

[phone]

Highly Confidential

Page 281
1

Mr.

2

copyright infringers?

instructions with regard to terminating

3

MR. THOMPSON:

4

A.

5

BY MR. FABRIZIO:

6

Q.

What instructions did you give them?

7

A.

I don't remember any specifics, but I think that the

Objection, overbroad.

I believe so.

8

outline of the instructions was to terminate on request

9

and to try to help the complaining party.

10

Q.

Prior to the filing of this complaint, when Hotfile

11

received a DMCA notice from a copyright owner, did

12

Hotfile attempt to identify the user who had uploaded

13

the offending file?

14

MR. THOMPSON:

15

A.

Objection, overbroad.

I don't believe that would be the case most of the time.

16

But again, on discretion, employees could investigate

17

further.

18

BY MR. FABRIZIO:

19

Q.

20

When you say "on occasion," [sic] do you mean when
a copyright owner insisted?

21

MR. THOMPSON:

22

BY MR. FABRIZIO:

23

Q.

24
25

Objection.

Vague, misstates testimony.

Well, let me -- let me rephrase that.
Absent a request, a specific request by a copyright
owner, prior to the filing of this action, did Hotfile
TSG Reporting - Worldwide

[phone]

Highly Confidential

Page 282
1

have a practice of identifying the user who had uploaded

2

files identified as infringing in DMCA notices?

3

MR. THOMPSON:

4

answered.

5

A.

Objection.

Overbroad, and asked and

I won't say "specific request," but if a copyright

6

holder would raise some kind of concern that I -- I

7

think can be -- can be summarized, again, a discretion,

8

identification could be made.

9
10

BY MR. FABRIZIO:
Q.

Okay.

My question, though, is without a request from

11

a copyright owner, when Hotfile received a DMCA notice,

12

did Hotfile, as a matter of practice, identify the user

13

who had uploaded the offending file?

14

MR. THOMPSON:

15

A.

16

BY MR. FABRIZIO:

17

Q.

Objection.

Asked and answered.

I don't believe so.

Is there any written document, formal or informal,

18

through which Hotfile communicated with Mr. Ianakov or

19

Manov whether and how they should terminate copyright

20

infringers?

21

A.

I'm not aware of any.

22

Q.

Did you personally give either of those gentlemen

23
24

instructions as to how to treat copyright infringers?
MR. THOMPSON:

Objection.

Overbroad and vague.

25

TSG Reporting - Worldwide

[phone]

Highly Confidential

Page 287
1

consideration to adopting a repeat infringer policy

2

along the lines of the sentences I read into the record?

3

MR. THOMPSON:

4

A.

5

MR. FABRIZIO:

6

Objection, vague.

I don't have any memory.
We've marked as Titov exhibit 33 a one-page

document Bates numbered HF02830667.

7

I figured out a system to get it closer to you.

8

(Pause.)

9

(Titov exhibit 33 marked for identification.)

10

BY MR. FABRIZIO:

11

Q.

12

MR. THOMPSON:

13

A.

14

BY MR. FABRIZIO:

15

Q.

From?

16

A.

Hotfile.mailbox.

17

Q.

And in brackets, it says "andrew@Hotfile."

18

What is exhibit 33, Mr. Titov?
Objection.

Vague.

A printout of an email.

Do you

recognize that email address?

19

21

A.

Andre Ianakov.

22

Q.

And he had responsibility for interfacing with copyright

23
24

owners and their agents on infringement matters?
A.

He does.

TSG Reporting - Worldwide

[phone]

Highly Confidential

Page 289

8

MR. FABRIZIO:

9

We've marked as Titov exhibit 34 a document

produced by Hotfile, Bates numbered HF00000048 through

10

315.

11

excerpt of that document that omits the pages between

12

HF49 through HF284.

13

filing of this complaint, and we were focusing on dates

14

prior to the filing of this complaint.

15

The version we have marked as exhibit 34 is an

Those pages reflect dates after the

Mr. Thompson, this is the document I sent you some

16

days ago and asked you if Mr. Titov would read and

17

affirm whether the entries highlighted in yellow

18

represented the only instances, prior to the filing of

19

this complaint, that Hotfile had terminated a user for

20

reasons related to copyright infringement.

21

(Titov exhibit 34 marked for identification.)

22

BY MR. FABRIZIO:

23

Q.

24
25

Mr. Titov, have you had an opportunity to review what
we've marked as exhibit 34 prior to today?

A.

I didn't review it before, no.
TSG Reporting - Worldwide

[phone]

Highly Confidential

Page 290
1

Q.

And did you look at the yellow entries and consider the

2

question we had posed through your counsel?

3

whether the entries highlighted in yellow represent the

4

only instances prior to the filing of this complaint

5

where Hotfile terminated a user for reasons of copyright

6

infringement?

7

A.

And that is

I spoke with Andrew on this matter, and since at the

8

beginning we didn't have the functionality of suspending

9

the user rather than -- we only had functionality of

10

deleting the user, which would vanish all information

11

about it from the database.

12

some users were terminated by deletion.

13

MR. THOMPSON:

14

He thinks that at least

I'm not sure everyone got the -- "vanished

the information."

15

BY MR. FABRIZIO:

16

Q.

Does Hotfile have any records of any other users being

17

terminated for reasons related to copyright

18

infringement?

19

MR. THOMPSON:

20

A.

21

Objection, overbroad.

I don't think Hotfile has any records that are not
produced.

22

BY MR. FABRIZIO:

23

Q.

And do you personally have any knowledge of any user

24

being terminated for reasons of copyright infringement,

25

prior to the filing of this complaint, beyond those
TSG Reporting - Worldwide

[phone]

Highly Confidential

Page 291
1
2

highlighted on exhibit 34?
A.

3
4

If "personally" doesn't apply to information I haven't
been told, then no.

Q.

In this case "personally" means information of which you

5

have personal knowledge.

6

information as to users terminated for reasons related

7

to copyright infringement before this case began, other

8

than those highlighted in yellow in exhibit 34?

9
10

A.

Do you personally have any

I don't think so.

MR. FABRIZIO:

Counsel, if Hotfile is going to rely on some

11

vague assertion by Mr. Ianakov that there may have been

12

others of -- and this corporate designee doesn't have

13

any information beyond that, Hotfile needs to produce

14

Mr. Ianakov as a 30(b)(6) designee.

15

MR. THOMPSON:

Mr. Fabrizio, as we mentioned this morning,

16

you're not the judge; if you want to make requests of us

17

in discovery, that's fine.

18

in the middle of the deposition.

19

MR. FABRIZIO:

But we're not making rulings

I wasn't making a ruling.

I was simply

20

pointing out that this witness can't provide evidence to

21

a topic that is obviously of central relevance to the

22

case, and that we sent you a document in advance to

23

consider, and other than saying he had a conversation

24

with someone who said there may have been something

25

else, has no further knowledge on the subject.
TSG Reporting - Worldwide

[phone]

Highly Confidential

Page 292
1

MR. THOMPSON:

Mr. Titov investigated the question you

2

asked.

3

accurate.

4

produced in the case, which he had, obviously.

5

I don't think your summary of his testimony is

MR. FABRIZIO:

He also mentioned that there were documents

We are requesting, while we are here in

6

Bulgaria, that Hotfile produce Andre Ianakov as

7

a 30(b)(6) designee on this topic.

8
9
10
11

MR. THOMPSON:

Your request will be considered.

I can tell

you we don't have the time for this trip, as you know,
for any more depositions.
MR. FABRIZIO:

Well, it would be part of the Hotfile

12

30(b)(6), so it would come out of the Hotfile 30(b)(6)

13

part.

14

schedule.

15

MR. THOMPSON:

I'm not looking to add time to the deposition

Mr. Fabrizio, you can't dictate who the

16

30(b)(6) witness is.

17

I suggest you ask him questions.

18

MR. FABRIZIO:

Mr. Titov is prepared to testify;

I wasn't trying to dictate; I was making

19

a request and clarifying the request since you made an

20

excuse that I didn't think was valid.

21
22

MR. THOMPSON:

Let's -- let's not argue.

request.

TSG Reporting - Worldwide

[phone]

I understand your