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

Filing 325

NOTICE by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc. re 322 MOTION for Summary Judgment PLAINTIFFS' MOTION AND MEMORANDUM OF LAW IN SUPPORT OF SUMMARY JUDGMENT AGAINST DEFENDANTS HOTFILE CORP. AND ANTON TITOV (PUBLIC REDACTED VERSION) >PLAINTIFFS' NOTICE OF FILING PUBLIC REDACTED VERSIONS OF DECLARATIONS IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT< (Attachments: # 1 Affidavit Declaration of Scott A Zebrak in support of Plaintiff's MSJ (Public Redacted Version), # 2 Exhibit A (Zebrak), # 3 Exhibit B (Zebrak), # 4 Exhibit C (Zebrak), # 5 Exhibit D (Zebrak), # 6 Affidavit Declaration of Dr. Richard Waterman n Support of Plaintiffs' MSJ (Public Redacted Version), # 7 Exhibit A (Waterman), # 8 Exhibit B (Waterman), # 9 Exhibit C (Waterman), # 10 Exhibit D (Waterman), # 11 Exhibit E (Waterman), # 12 Affidavit Declaration of Thomas Sehested in Support of Plaintiffs' MSJ (Public Redacted Version), # 13 Exhibit A (Sehested), # 14 Exhibit B (Sehested), # 15 Affidavit Declaration of Steve Thomas Kang in Support of Plaintiffs' MSJ (Public Redacted Version), # 16 Exhibit A (Kang), # 17 Affidavit Declaration of Dr. Ian Foster in Support of plaintiffs' MSJ (Public Redacted Version), # 18 Exhibit A (Foster), # 19 Exhibit B (Foster), # 20 Exhibit C (Foster), # 21 Exhibit D (Foster), # 22 Exhibit E (Foster), # 23 Exhibit F (Foster), # 24 Exhibit G (Foster), # 25 Exhibit H (Foster), # 26 Exhibit I (Foster), # 27 Exhibit J (Foster), # 28 Exhibit K (Foster))(Stetson, Karen)

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,
v.
HOTFILE CORP., ANTON TITOV, and
DOES 1-10.
Defendants.
/
HOTFILE CORP.,
Counterclaimant,
v.
WARNER BROS. ENTERTAINMENT INC.,
Counterdefendant.
/

DECLARATION OF THOMAS SEHESTED IN SUPPORT OF PLAINTIFFS’ MOTION
FOR SUMMARY JUDGMENT AGAINST HOTFILE CORP. AND ANTON TITOV

PUBLIC REDACTED VERSION

I, Thomas Sehested, declare as follows:
1.

I am the founder and Senior Vice President of DtecNet Software ("DtecNet"), an anti-

piracy company that, among other things, monitors online websites and networks for infringing
content. I have 12 years of experience working on and supervising a technical staff on antipiracy issues. The anti-piracy work I have supervised includes monitoring for infringing content
on Hotfile.com. In that regard, my team and I have extensive experience in monitoring,
analyzing and downloading content files from Hotfile.com.
2.

The statements made in this declaration are based on my personal knowledge

including on information provided to me by colleagues or other personnel working under my
supervision. If called to testify, I would testify as follows:
3.

In my duties as Senior Vice President of DtecNet, I have overseen work that DtecNet

has done in this case for the Motion Picture Association of America ("MPAA") on behalf of its
member companies who are plaintiffs in this case ("Plaintiffs").
4.

In November 2010, DtecNet employees acting at my supervision conducted searches

for files available for download from Hotfile.com that matched the names of motion pictures and
television programs of plaintiffs' copyrighted works. As a result of those searches and at the
direction of Jenner & Block LLP, DtecNet employees acting at my supervision downloaded the
files available at the URLs listed in the attached Exhibit A from Hotfile.com during the period
between November 7, 2010 to April 27, 2011 to servers in the United States. These files were
provided to Jenner & Block LLP.
5.

Additionally, DtecNet employees acting at my supervision downloaded the files

available at the URLs listed in the attached Exhibit B from Hotfile.com, on behalf of Disney
Enterprises, Inc. ("DEI"). Those files were provided to DEI and Jenner & Block LLP for review.

<Z

I declare under penalty of perjury that the foregoing is true and correct.

Executed on February 15, 2012.

Thomas Sehested