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

Filing 352

NOTICE by Hotfile Corp. Notice by Defendant/Counterclaimant Hotfile Corporation of Filing the PUBLICLY FILED REDACTED Version of the Declaration of Anton Titov and the Exhibits Thereto Filed In Support of Defendant's Opposition to Plaintiff/Counter-Defendant Warner Bros.' Motion for Summary Judgment on Hotfile's Counterclaim (Attachments: # 1 Exhibit B)(Munn, Janet)

EXHIBIT "B"

PUBLIC VERSION
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 11-CIV-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.,
Counter-Defendant.
____________________________________/
[REDACTED] DECLARATION OF ANTON TITOV IN SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF WARNER BROS. MOTION FOR SUMMARY
JUDGMENT
I, Anton Titov, declare as follows:
1.

I am a founder, minority shareholder and technologist for defendant Hotfile

Corporation and a defendant in this action. The declaration is based on personal knowledge
unless indicated otherwise and all statements contained in this declaration are true and correct to

26501\2972069.1

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the best of my knowledge. If called as a witness, I could and would testifY to the facts set forth
in this declaration.
2.

In response to a request from Warner Bros. Entertainment, Inc. ("Warner"),

Hotfile engineered and offered Special Rightsholder Accounts ("SRAs") to eligible content
owners. SRAs streamline the conventional DMCA notice-and-takedown procedure. With
SRAs, rightsholders, who attest under the DMCA that they have authority of the copyright
owner, can enter a list ofURLs for files on Hotfile's systems, and those files are automatically
taken down; no further action by Hotfile is required. With SRAs, any verified copyright holder
can directly and instantly command Hotfile' s servers to block any file. It is the ultimate form of
notice-and-takedown. SRAs became available in the summer of2009.
3.

Soon after launching SRAs, Hotfile implemented hashing teclmology so that once

a file was deleted (by SRA or DMCA takedownnotice) all identical copies were removed from
the system and copies of the same file were prevented from being downloaded in the future, even
under a different name and even if uploaded by a different user. This was accomplished by
generating an MDS hash for each file.
4.

I have reviewed data in Hotfile's databases regarding the number of times the

files listed in Exhibits A-D to Hotfile's counterclaim were downloaded by Hotfile users. To
determine this information, I looked at the "UploadsDownloads" table, which counts the total
number of downloads for files on Hotfile.Excluding the 19 files Warner asserts that it owns, the
unique files identified in Exhibits A-D ofHotfile's counterclaim were downloaded
times.
5.

I have reviewed the Declaration of Scott Zebrak In Support ofWamer's Motion

for Summary Judgment ("Zebrak Dec!."). To determine this information, !looked at the

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"UploadsDownloads" table, which counts the total number of downloads for files on Hotfile.
The files identified in Exhibit B of that declaration that Mr. Zebrak identified as not "highly
likely infringing" (rows 792-890) were downloaded a combined
6.

times.

I determined how many times users signed up for premium accounts in the

process of downloading the files identified in Exhibit B of the Zebrak Dec!. as not "highly likely
infringing" (rows 792-890). To determine the number and value of these premium subscriptions,
I examined data fi·om Hotfile's "payments.csv" database. According to this data,
up tor premium accounts by downloading these files, resulting in

users signed

in revenue for

Hotfile.
7.

I determined how many times the eight copies of JDownloader files identified in

Exhibits A-D ofHotfile's counterclaim (identified in rows 795-800, 820, and 841 of Exhibit B to
the Zebra!< Dec!.) were downloaded. To determine this information, I looked at the
"UploadsDownloads" table, which counts the total number of downloads for files on Hotfile.
These files were downloaded
8.

times, cumulatively.

I determined how many times users signed up for premium accounts in the

process of downloading copies of JDownloader files identified in Exhibits A-D ofHotfile's
counterclaim (identified in rows 795-800, 820, and 841 of Exhibit B to the Zebrak Dec!.) To
determine the number and value of these premium subscriptions, I examined data from Hotfile's
"payments.csv" database. According to this data,
downloading these files, resulting in
9.

users signed up for premium accounts by

in revenue for Hotfile.

I determined how many times all ofthe files uploaded by users three users were

downloaded. The files uploaded by user

were downloaded

cumulatively. The files uploaded by user

were downloaded

3

times,
tin1es, cumulatively.

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The files uploaded by user

times, cumulatively. To determine

were dowuloaded

this information, I looked at the "UploadsDownloads" table, which counts the total number of
downloads for files on Hotfile.
10.

I determined how many times users signed up for premium accounts in the

process of downloading the files uploaded by users

, and

To determine

the number and value of these premium subscriptions, I examined data from Hotfile's
"payments.csv" database. According to this data,
by downloading the files uploaded by user
Hotfile;

users signed up ±or premium accounts
, resulting in

in revenue for

users signed up for premium accounts by dowuloading the files uploaded by user

, resulting in

in revenue for Hotfile; and

accounts by downloading the files uploaded by user

users signed up for premium
, resulting in

in revenue for

Hotfile.
11.

I reviewed the files identified in Exhibits A-D ofHotflle's counterclaim to

determine how many were files corresponding to a single URL were smaller than 200
megabytes. There are such 164 single linlc files smaller than 200 megabytes in Exhibits A-D of
Hotfile's counterclaim.
12.

Recently, Hotfile has implemented fingerprinting software called vCloud9.

vCloud9 is a recently released fingerprinting technology from Vohile that works with storage
and cloud services like Hotfile. vCloud9 identifies less than 5% of audio/video content uploaded
to Hotfile to be a match for reference fmgerprints in Yo bile's database, which includes whatever
copyrighted content each of the studios chooses to protect. Attached hereto as Exhibit 1 is a true
and correct copy of a Vobile vCloud9 screenshot showing a less than 5% match rate for

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audio/video content hosted at Hotfile. Hotfile blocks files that return matches when checked by
vCloud9.
13.

Under Hotfile's current procedure for terminating repeat copyright infringers,

users who receive notices of infringement for their files receive "strikes" against their account.
Upon receiving three "strikes," the user is terminated. This data is recorded in Hotfile's
database, produced in this litigation as a file called "strikes.csv."

Prior to February 18, 2011, takedown notices sent on a user's file did not count as
"strikes" documented in the "strikes. csv" data.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on thisl 7 day of February 2012, at Sofia, Bulgaria.

Anton Titov

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EXHIBIT 1