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 8

Page 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.
ENTERTAINMENT INC.,
Plaintiffs,
CASE NO.
11-20427-WILLIAMS-TURNOFF

vs.

HOTFILE CORP., ANTON TITOV,
and DOES 1-10,
Defendants.
_________________________
AND RELATED CROSS-ACTION.
_______________________________________________________

HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
VIDEOTAPED DEPOSITION OF MICHAEL BENTKOVER
Los Angeles, California
Tuesday, December 13, 2011

Reported by:
LORI SCINTA, RPR
CSR No. 4811
Job No. 177476A

Page 2
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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF FLORIDA

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4

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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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6

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vs.

CASE NO.
11-20427-WILLIAMS-TURNOFF

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

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12
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Defendants.
_________________________
AND RELATED CROSS-ACTION.
_______________________________________________________

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HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER

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Videotaped deposition of MICHAEL BENTKOVER,

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taken on behalf of Defendants and Counterclaimant

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at 633 West Fifth Street, Suite 3600, Los Angeles,

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California, beginning at 9:38 A.M. and ending at

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12:17 P.M. on Tuesday, December 13, 2011, before

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LORI SCINTA, RPR, Certified Shorthand Reporter No.

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4811.

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Page 3
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APPEARANCES:

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For Plaintiffs:

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JENNER & BLOCK LLP
BY: STEVEN B. FABRIZIO
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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For Defendants and Counterclaimant:
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FARELLA BRAUN + MARTEL LLP
BY: EVAN M. ENGSTROM
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

Page 6
1

INDEX (Continued):

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3
4

REFERENCE REQUESTED

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(None)

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7
8

INSTRUCTION NOT TO ANSWER

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(None)

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12
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15
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Page 17
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easier.

Less confusion later on.

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MR. ENGSTROM:

So I would like to mark as

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Bentkover 1 this document here.

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(Bentkover Exhibit 1 was marked for

5

identification by the court reporter.)

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(Discussion off the record.)

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MR. FABRIZIO:

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She's saying that because some

witnesses -- not you, of course --

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THE WITNESS:

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MR. FABRIZIO:

Right.
-- tend to walk out with their

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little fingers on the documents, and then she has to

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chase them down the rest of the week.

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THE WITNESS:

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you.

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I'll make sure I give it back to

BY MR. ENGSTROM:

16

Q

Please take a look and just --

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A

Okay.

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Q

-- review the document and let me know when

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you've had a chance to...

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21
22

You can mainly focus on the first two pages of
it.

I won't be asking about the rest.
MR. FABRIZIO:

Counsel, just while the witness

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is reviewing this, I -- I -- I just note that the two

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emails on the first page are several months apart.

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Is this how it was produced to you?

Page 18
1

MR. ENGSTROM:

2

there.

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Q

Yes.

It -- let me -- we'll get

Yes, these are produced -I guess the first question is:

Do you have any

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reason to believe that this document is not what it

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appears to be?

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A

No.

7

Q

Okay.

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9
10

This is -- this looks correct.
Do you have any reason --

MR. FABRIZIO:

I'll lodge an objection as to

vague.
BY MR. ENGSTROM:

11

Q

Okay.

Do you have any reason to believe that

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any documents that were produced by Warner in this

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deposition that bear your email address as a "To:" or

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"From:" are not authentic?

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MR. FABRIZIO:

Objection.

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speculation and lacks foundation.

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Calls for

BY MR. ENGSTROM:

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Q

You can answer.

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A

I don't know.

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seen.

This is the only document I've

So far, I'm fine with it.
Q

I understand.
But you -- there's no reason you would believe

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that any documents that your -- Warner Bros. produced

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would be inauthentic?

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MR. FABRIZIO:

Again, calls for speculation,

Page 19
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lacks foundation, is overbroad.

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3

You haven't -- you haven't established that
this witness had any role in producing the documents.

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THE WITNESS:

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I've seen.

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produced.

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Again, this is the only document

So far this is one that I believe we

BY MR. ENGSTROM:

8

Q

Do you recognize this document?

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A

Yes.

10

Q

Do you recall sending -- we'll start with the

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bottom level email, which starts on the bottom of the

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first page WARNER025866.

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It appears to be sent Thursday, April 30th,
2009.

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Could you read the first part of the email,
please.
A

Okay.

"I was wondering if you have

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any type of takedown tool that could

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assist us in removing content from

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HOTFILE that infringes Warner Bros.

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Entertainment Inc. rights, rather than

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sending an official takedown abuse

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notice every time URL's are

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identified.

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requested over 1000 URLs which were

As you know, we recently

Page 47
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2

MR. FABRIZIO:

Consider it a standing

objection.

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MR. ENGSTROM:

4

I'd like to introduce as Exhibit I believe 4 --

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MR. FABRIZIO:

Yes.

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MR. ENGSTROM:

-- the attached document to you.

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(Bentkover Exhibit 4 was marked for

8

identification by the court reporter.)

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THE WITNESS:

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Fair enough.

Okay.

BY MR. ENGSTROM:

11

Q

Are you familiar with this --

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A

Yes, I am.

13

Q

-- document, Mr. Bentkover?

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A

Uh-huh.

15

Q

Okay.

16

Off the bat, do you know who Fileserve

is or what Fileserve is?

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A

Yes.

18

Q

What is Fileserve?

19

A

It's an online cyberlocker site.

20

Q

Is it similar to Hotfile in terms of --

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A

Yes.

22

Q

-- the way it operates?

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MR. FABRIZIO:

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speculation.

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BY MR. ENGSTROM:

Objection to form.

Calls for

Page 51
1
2

BY MR. ENGSTROM:
Q

So the -- the extent of working with Fileserve

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to remove infringing materials was sending takedown

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notices?

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MR. FABRIZIO:

6

THE WITNESS:

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8
9
10

Same objections.
Yes.

BY MR. ENGSTROM:
Q

Okay.

Is the automated way to remove files --

the preferred way, the automated way to refer -- remove
files from the system, are you referring to an SRA?

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A

Yes, I am.

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Q

Okay.

Did you communicate with Fileserve about

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any other mechanisms for limiting infringement on

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Fileserve?

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MR. FABRIZIO:

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Lacks foundation,

vague as to "you."

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Objection.

BY MR. ENGSTROM:

18

Q

19

Bentkover.

20

A

No.

21

Q

And if I'm referring to Warner Bros., I'll

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When I say "you," I'm referring to you, Michael

refer to Warner Bros.

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MR. FABRIZIO:

Throughout the deposition?

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MR. ENGSTROM:

Yes.

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context.

Unless it's clear from the

And if there is a question, please ask me to

Page 112
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I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby certify:
That the foregoing proceedings were taken

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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.

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Further, that if the foregoing pertains to

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the original transcript of a deposition in a Federal

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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

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interested in the action nor a relative or employee

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of any attorney or party to this action.

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IN WITNESS WHEREOF, I have this date
subscribed my name.

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Dated: 12-15-11

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________________________________
LORI SCINTA, RPR
CSR No. 4811