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

Filing 320

NOTICE by Hotfile Corp. re 318 MOTION for Partial Summary Judgment PUBLICLY FILED VERSION (Attachments: # 1 Exhibit A, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Errata, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit)(Munn, Janet)

EXHIBIT 15

Perkins, Braxton
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/16/2011

Page 1
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.,
Plaintiffs,
vs.
HOTFILE CORP., ANTON TITOV,
and DOES 1-10,
Defendants.
___________________________
AND RELATED CROSS-ACTION.
________________________________________________________

HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
VIDEOTAPED DEPOSITION OF BRAXTON PERKINS
PURSUANT TO FEDERAL RULE 30(b)(6)
Los Angeles, California
Friday, December 16, 2011

Reported by:
LORI SCINTA, RPR
CSR No. 4811
Job No. 178935B

Electronically signed by Lori Scinta (601-264-733-0670)

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Perkins, Braxton
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Page 2
1

UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20427-WILLIAMS-TURNOFF

3

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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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5
6

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10

vs.
HOTFILE CORP., ANTON TITOV,
and DOES 1-10,

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Defendants.
____________________________________
AND RELATED CROSS-ACTION.
______________________________________________________

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HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
Videotaped deposition of BRAXTON PERKINS,

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17

pursuant to Federal Rule 30(b)(6), taken on behalf of

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Defendants and Counterclaimant Hotfile Corp., at

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633 West Fifth Street, Los Angeles, California,

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beginning at 10:15 A.M. and ending at 7:16 P.M. on

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Friday, December 16, 2011, before LORI SCINTA, RPR,

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Certified Shorthand Reporter No. 4811.

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24
25

Electronically signed by Lori Scinta (601-264-733-0670)

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Perkins, Braxton
12/16/2011
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
Page 3
1

APPEARANCES:

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3

For Plaintiffs:

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5
6
7

JENNER & BLOCK LLP
BY: DUANE C. POZZA
Attorney at Law
1099 New York Avenue, NW, Suite 900
Washington, D.C. 20001-4412
202.639.6000
Email: [e-mail]

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-- and -9
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NBC UNIVERSAL
BY: KAREN GARVER
Senior Counsel, Anti-Piracy Legal Affairs
100 Universal City Plaza
Universal City, California 91608
818.777.2493
Email: [e-mail]

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For Defendants and Counterclaimant Hotfile, Corp.:
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FARELLA BRAUN + MARTEL LLP
BY: DEEPAK GUPTA
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Email: [e-mail]

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Videographer:

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VONYARN MASON
SARNOFF COURT REPORTERS
20 Corporate Park, Suite 350
Irvine, California 92606
877.955.3855

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Electronically signed by Lori Scinta (601-264-733-0670)

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Perkins, Braxton
12/16/2011
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
Page 109
deals with other sites.

02:14

1

02:14

2

02:14

3

YouTube have been with in-house counsel.

02:15

4

about YouTube are always shared in privileged

02:15

5

conversations.

02:15

6

BY MR. GUPTA:

02:15

7

02:15

8

02:15

9

THE WITNESS:

Q

All of my discussions about
My opinions

Do you know what the Hotfile special

rightsholder account is?
A

Through the prep for this deposition, I recall

02:15 10

reading about it.

02:15 11

believe you showed me earlier today, I think I read that

02:15 12

term.
MR. GUPTA:

02:15 13
02:15 14

In fact, in one of the documents I

Would you please mark this as

Universal Exhibit 46.

02:15 15

(Universal Exhibit 46 was marked for

02:16 16

identification by the court reporter.)

02:16 17
02:16 18
02:16 19
02:16 20
02:16 21
02:17 22

BY MR. GUPTA:
Q

Mr. Perkins, could you please have a look at

Exhibit 46 and tell me what that is.
A

This appears to be a email from

[e-mail] to a list of email addresses.
Q

Doesn't this email show that Hotfile is

02:17 23

offering a special rightsholder account to

02:17 24

NBC Universal, Mr. Perkins?

02:17 25

MR. POZZA:

Electronically signed by Lori Scinta (601-264-733-0670)

Object that it lacks foundation,

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12/16/2011
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
Page 110
it's ambiguous.

02:17

1

02:17

2

02:17

3

piece of paper not be a hundred percent sure.

02:17

4

that it's from a gmail account could to me indicate that

02:17

5

it was not actually an authorized communication from

02:17

6

Hotfile.

02:17

7

02:17

8

based on the sending address and the inclusion of other

02:17

9

emails that I am unfamiliar with.

02:17 10
02:17 11

THE WITNESS:

I would just upon reading this
The fact

I think -- so I'm not a hundred percent sure

BY MR. GUPTA:
Q

But Universal did receive this email, correct?

02:17 12

MR. POZZA:

02:17 13

Objection.

THE WITNESS:

Lacks foundation.

I am -- I cannot personally

02:18 14

attest to knowing whether this was received or not, but

02:18 15

the antipiracy NBC Universal email does lead me to

02:18 16

believe that it's possible that this did come into our

02:18 17

antipiracy inbox.

02:18 18

BY MR. GUPTA:

02:18 19

Q

And based on the Bates number, it appears that

02:18 20

this was actually produced by Universal in this

02:18 21

litigation, correct?

02:18 22

A

What's a Bates number?

02:18 23

Q

I'm sorry.

02:18 24
02:18 25

I'm sorry.

It's the number at the bottom with

a Universal code on it.
A

Electronically signed by Lori Scinta (601-264-733-0670)

Okay.

Yeah.

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MR. POZZA:

I will stipulate that Universal

02:18

1

02:18

2

did, in fact, produce this document although the witness

02:18

3

may be unfamiliar with how Bates labeling works.

02:18

4

BY MR. GUPTA:

02:18

5

02:18

6

dispute that Hotfile offered it a special rightsholder

02:19

7

account in June of 2010?

02:19

8

02:19

9

Q

But, once again, Mr. Perkins, does Universal

MR. POZZA:

Object as ambiguous and lacking

foundation.
THE WITNESS:

02:19 10

What I -- what I would be able to

02:19 11

under oath testify to, given that this did come from our

02:19 12

email records, is that the antipiracy email box received

02:19 13

this email.

02:19 14

Upon reading it for the first time, I am not

02:19 15

convinced, based on the contents of this email from a

02:19 16

gmail account, that, in fact, this was an authentic --

02:19 17

or this was a communication sent from hotfile.com.

02:19 18

BY MR. GUPTA:

02:19 19
02:19 20

Q

account with Hotfile?
MR. POZZA:

02:19 21
02:20 22

Did Universal ever open a special rightsholder

Objection.

Ambiguous, lacks

foundation.
THE WITNESS:

02:20 23

Any and all conversations or

02:20 24

decisions about special rightsholders accounts are

02:20 25

always made by in-house counsel.

Electronically signed by Lori Scinta (601-264-733-0670)

5ff9ce4d-a4e8-444a-bce6-47911b25f707

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12/16/2011
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
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BY MR. GUPTA:

02:20

1

02:20

2

02:20

3

with in-house counsel.

02:20

4

account was ever opened by Universal with Hotfile.

02:20

5

MR. POZZA:

02:20

6

THE WITNESS:

02:20

7

02:20

8

02:20

9

02:20 10

Q

I'm just asking whether an

Same objections.
I am not aware of one.

BY MR. GUPTA:
Q

Do you know if other sites, other hosting

sites, provide systems similar to the Hotfile special
rightsholder account?
MR. POZZA:

02:20 11
02:21 12

And I'm not asking about your communications

Objection.

Ambiguous, lacks

foundation and outside the scope of the notice.
THE WITNESS:

02:21 13

All discussions that I have about

02:21 14

rightsholders accounts or special accounts I discuss

02:21 15

with my in-house counsel.

02:21 16

BY MR. GUPTA:

02:21 17

Q

And I'm just asking about facts that you know

02:21 18

separate and apart from discussions with in-house

02:21 19

counsel.
Independent of your discussions with in-house

02:21 20
02:21 21

counsel, are you aware of other sites that provide

02:21 22

special rightsholders accounts similar to Hotfile?

02:21 23

MR. POZZA:

02:21 24

THE WITNESS:

02:21 25

Same objections.
I'm actually not sure what the

special rightsholder's account actually entails, so it

Electronically signed by Lori Scinta (601-264-733-0670)

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I, the undersigned, a Certified Shorthand

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3

Reporter of the State of California, do hereby certify:
That the foregoing proceedings were taken

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5

before me at the time and place herein set forth; that

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any witnesses in the foregoing proceedings, prior to

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testifying, were duly sworn; that a record of the

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proceedings was made by me using machine shorthand

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which was thereafter transcribed under my direction;

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that the foregoing transcript is a true record of the

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testimony given.
Further, that if the foregoing pertains to

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13

the original transcript of a deposition in a Federal

14

Case, before completion of the proceedings, review of

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the transcript [ x ] was [ ] was not requested.

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I further certify I am neither financially

17

interested in the action nor a relative or employee

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of any attorney or party to this action.
IN WITNESS WHEREOF, I have this date

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20

subscribed my name.

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Dated: 12-20-11

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Electronically signed by Lori Scinta (601-264-733-0670)

________________________________
LORI SCINTA, RPR
CSR No. 4811

5ff9ce4d-a4e8-444a-bce6-47911b25f707