Disney Enterprises, Inc. et al v. Hotfile Corp. et al
Filing
301
MOTION for Summary Judgment >WARNER BROS. ENTERTAINMENT INC.'S MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM OF LAW IN SUPPORT OF MOTION (PUBLIC REDACTED VERSION)< by Warner Bros. Entertainment Inc.. Responses due by 3/15/2012 (Attachments: # 1 Affidavit Declaration of Scott A. Zebrak in Support of Warner's Motion for Summary Judgment (public redacted version), # 2 Exhibit A to Declaration of S. Zebrak, # 3 Exhibit B to Declaration of S. Zebrak, # 4 Affidavit Declaration of Dr. Ian Foster in Support of Warner's Motion for Summary Judgment (public redacted version), # 5 Exhibit A to Declaration of I. Foster, # 6 Affidavit Declaration of david Kaplan in Support of Warner's Motion for Summary Judgment (public redacted version), # 7 Affidavit Declaration of Kerry Hopkins in Support of Warner's Motion for Summary Judgment (public redacted version), # 8 Exhibit A to Declaration of K. Hopkins, # 9 Affidavit Declaration of Jennifer Yeh in Support of Warner's Motion for Summary Judgment (public redacted version), # 10 Exhibit A to Declaration of J. Yeh, # 11 Exhibit B to Declaration of J. Yeh, # 12 Exhibit C to Declaration of J. Yeh, # 13 Exhibit D to Declaration of J. Yeh, # 14 Exhibit E to Declaration of J. Yeh, # 15 Exhibit F to Declaration of J. Yeh, # 16 Exhibit G to Declaration of J. Yeh, # 17 Exhibit H to Declaration of J. Yeh, # 18 Exhibit I to Declaration of J. Yeh, # 19 Exhibit J to Declaration of J. Yeh, # 20 Exhibit K to Declaration of J. Yeh, # 21 Exhibit L to Declaration of J. yeh, # 22 Exhibit M to Declaraton of J. Yeh, # 23 Exhibit N to Declaration of J. Yeh, # 24 Exhibit O to Declaration of J. Yeh, # 25 Exhibit P to declaration of J. Yeh, # 26 Exhibit Q to Declaration of J. Yeh, # 27 Text of Proposed Order)(Stetson, Karen)
EXHIBIT G
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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.,
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Plaintiffs,
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v.
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HOTFILE CORP., ANTON
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TITOV, and DOES 1-10
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Defendants.
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__________________________)
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)
30(B)(6) DEPOSITION OF ANTON TITOV
LOS ANGELES, CALIFORNIA
THURSDAY, NOVEMBER 17, 2011
REPORTED BY:
Alejandria E. Kate
CSR NO. 11897, HI 448, RPR, CLR
JOB NO.: 44003
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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.,
)
)
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)
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Plaintiffs,
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v.
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HOTFILE CORP., ANTON
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TITOV, and DOES 1-10
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Defendants.
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__________________________)
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HOTFILE CORP.,
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Counterclaimant,
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v.
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WARNER BROS ENTERTAINMENT )
INC.,
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Counterdefendant. )
__________________________)
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NOVEMBER 17, 2011
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7:08 A.M.
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Videotaped deposition of ANTON TITOV, held at
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the offices of JENNER & BLOCK, LLP,
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633 West 5th Street, Suite 3600, Los Angeles,
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California, before Alejandria E. Kate, a
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Registered Professional Reporter and
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Certified Shorthand Reporter of the State of
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California.
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A P P E A R A N C E S:
ATTORNEY FOR THE PLAINTIFFS:
JENNER & BLOCK, LLP
BY: STEVEN B. FABRIZIO, ESQ.
1099 New York Avenue, NW
Suite 900
Washington, DC 20001
202.639.6040
sfabrizio@jenner.com
ATTORNEY FOR THE DEFENDANTS HOTFILE CORP.,
AND ANTON TITOV:
FARELLA, BRAUN & MARTEL, LLP
BY: RODERICK M. THOMPSON, ESQ.
(APPEARING VIA VIDEO CONFERENCE)
235 Montgomery Street, 17th Floor
San Francisco, California 94104
415.954.4400
rthompson@fbm.com
ATTORNEY FOR THE DEFENDANT ANTON TITOV:
PENKOV, MARKOV & PARTNERS
BY: SVETOSLAV DIMITROV, ESQ.
NIKOLAY CVETANOV, ESQ.
(APPEARING VIA VIDEO CONFERENCE)
Iztok Dstr., Bl. 22, Entr. A
1113 Sofia
Bulgaria
359-2-9713935
lawyers@penkov-markov.eu
ALSO PRESENT:
KELLY TRUELOVE, consultant for the plaintiffs
GUEORGUI MATVEER, standby Bulgarian interpreter
(appearing via video conference)
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08:43
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Q.
Prior to this litigation, did Hotfile assign
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strikes to users based on the criteria you have
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identified in your testimony today?
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A.
Not automatically, no.
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Q.
Prior to this litigation, did Hotfile -- well,
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strike that.
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08:44
You said "not automatically."
Did you do it in
some way that was not automatic?
08:44
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MR. THOMPSON:
Objection.
Vague and ambiguous.
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THE WITNESS:
Not really.
I mean it's -- it --
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it wasn't like that with strikes and counting.
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BY MR. FABRIZIO:
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Q.
Okay.
So prior to this litigation, you didn't
08:44
have a system of strikes and tallying strikes; correct?
08:44
MR. THOMPSON:
Objection.
Vague and outside
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the scope --
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(Speaking simultaneously.)
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THE WITNESS:
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BY MR. FABRIZIO:
Q.
MR. THOMPSON:
08:45
Well, excuse me.
Let make me
make my objection, Mr. Fabrizio.
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08:45
Go ahead, Mr. Titov.
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(Inaudible.)
08:45
This -- this last line of inquiries is outside
the scope of the deposition notice.
We're coming up to
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two hours, and you're going far afield.
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more questions go before I cut this off.
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MR. FABRIZIO:
Q.
I understand.
Perhaps you can repeat the
question.
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MR. FABRIZIO:
Q.
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MR. THOMPSON:
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I'll let a few
Mr. Titov?
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Okay.
08:45
I'm going to.
08:45
Prior to this litigation, Mr. Titov, did
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Hotfile assign strikes to users based on the criteria
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you've identified, whether automatically or manually?
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MR. THOMPSON:
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THE WITNESS:
Objection.
Vague.
08:46
It was not automatic counting of
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strikes and manually, if there was something that was
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subjective to somebody.
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BY MR. FABRIZIO:
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Q.
Was there any place, any data field or location
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where, prior to this litigation, Hotfile kept track of
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how many strikes a user had?
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A.
Nothing that I'm aware of.
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Q.
In the normal course, prior to this litigation,
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when Hotfile received a DMCA takedown notice, did
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Hotfile identify the user who had uploaded the file
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identified in that takedown notice?
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MR. THOMPSON:
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THE WITNESS:
Objection.
Vague and ambiguous.
By "Hotfile," if you mean the
08:47
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servers of Hotfile would -- who would process the
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notice, I can't really speak of what it means for a
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computer to identify something.
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BY MR. FABRIZIO:
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Q.
Well, prior to this --
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A.
For a person --
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(Speaking simultaneously.)
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BY MR. FABRIZIO:
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Q.
I'm sorry.
Please continue.
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A.
And for a person who would review a DMCA
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notice, he might or may not go through the process of
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identifying whose file it is.
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Q.
Prior to this litigation, did Hotfile have an
08:48
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established policy that its personnel reviewing DMCA
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takedown notices were supposed to identify the user who
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had uploaded the noticed files?
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MR. THOMPSON:
Objection.
Outside the scope of
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the Rule 30(b)(6) deposition.
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lot of questions that are not here.
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BY MR. FABRIZIO:
08:48
Steve, you're asking a
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Q.
Go ahead, Mr. Titov.
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A.
Not --
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Q.
Go ahead, Mr. Titov.
08:48
(Speaking simultaneously.)
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BY MR. FABRIZIO:
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Q.
Go ahead, Mr. Titov.
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A.
Not anything that I can -- that I can recall.
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MR. FABRIZIO:
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(Plaintiffs' Exhibit 7 was marked.)
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Going back to Exhibit Titov 7.
BY MR. FABRIZIO:
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Q.
08:49
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Are users with a status of 7, repeat infringer,
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ever reinstated by Hotfile so they have an active
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status?
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MR. THOMPSON:
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THE WITNESS:
Objection.
Overbroad and vague.
Actually, we are talking about
08:49
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statuses of an upload, not about statuses of a user, so
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I -- the question doesn't really make sense to me.
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BY MR. FABRIZIO:
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Q.
Fair enough.
I realized that after I'd asked
it.
08:50
08:50
If -- all right.
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C E R T I F I C A T E
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STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES )
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I, ALEJANDRIA E. KATE, a Registered
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Professional Reporter and Certified
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Shorthand Reporter within and for the
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State of California, do hereby certify:
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That the foregoing record of
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proceedings is a full and correct
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transcript of the stenographic notes
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taken by me therein.
In witness whereof, I have hereunto
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set my hand this 22nd day of November,
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2011.
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__________________________________
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ALEJANDRIA E. KATE, RPR, CSR 11897
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