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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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
[e-mail]
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
[e-mail]
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
[e-mail]
ALSO PRESENT:
KELLY TRUELOVE, consultant for the plaintiffs
GUEORGUI MATVEER, standby Bulgarian interpreter
(appearing via video conference)
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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?

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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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08:45
08:45

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08:45

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.

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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

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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

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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?

08:48

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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.

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08:49

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

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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.

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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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