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

Filing 354

NOTICE by Hotfile Corp. Notice by Defendant/Counterclaimant Hotfile of Filing PUBLICLY FILED REDACTED Version of Declaration of Roderick M. Thompson In Support of Defendant's Opposition to Warner Bros.' Motion for Summary Judgment on Counterclaim (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37)(Munn, Janet)

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 RODERICK THOMPSON IN SUPPORT OF
DEFENDANTS’ OPPOSITION TO PLAINTIFF WARNER BROS. MOTION FOR
SUMMARY JUDGMENT
I, Roderick Thompson, declare as follows:
1.

I am an attorney at Farella Braun + Martel LLP, counsel for defendant Hotfile

Corporation and Anton Titov. I have personal knowledge of the matters stated herein and, if
called and sworn as a witness, I could and would competently testify to the facts set forth herein.

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2.

Attached hereto as Exhibit I is a true and correct copy of an email from Michael

Bentkover to [e-mail], dated April 29, 2009. (WARNER000014-35)
3.

Attached hereto as Exhibit 2 is a true and correct copy of an email from Hotfile

Support to Michael Bentkover, dated August 29,2009. (WARNER025890-97)
4.

Attached hereto as Exhibit 3 is a true and correct copy of an email from Hotfile

Support to Michael Bentkover, dated September 21,2009. (WARNER025900-02)
5.

Attached hereto as Exhibit 4 is a true and correct copy of excerpts from the

deposition of David Kaplan, dated October 12,2011.
6.

Attached hereto as Exhibit 5 is a true and correct copy of a spreadsheet, created

at my direction, representing files deleted by Warner through its SRA

The "Number" column refers to the number of the file identified in
Exhibit B to the Declaration of Scott Zebrak in Support of Warner Bros. Motion for Summary
Judgment on Hotfile's Counterclaim, filed February 9,2012. The "URL" is the URL of the
deleted file. The "Notice Date/Time" column shows when the file was deleted.

The "Zebrak
Title" column shows the title of the content of the deleted file, as listed in Exhibit B to the
Declaration of Scott Zebrak in Support of Warner Bros. Motion for Summary Judgment on
Hotfile's Counterclaim, filed February 9, 2012.

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10.

CASE NO.: 11-CIV-20427-WILLIAMS/TURNOFF

Attached hereto as Exhibit 9 is a true and correct copy of the Notice of Deposition

of Warner Brothers Entertainment, served AprilS, 2011.
11.

Attached here to as Exhibit lOis a true and correct copy of a spreadsheet created

by Scott Zebrak, attached as Exhibit B to the Declaration of Scott Zebrak in Support of Warner
Bros. Motion for Summary Judgment on Hotfile's Counterclaim, filed February 9,2012.
12.

Attached hereto as Exhibit 11 is a true and correct copy of the Rebuttal Expert

Report of Professor James Boyle, dated January 12, 2012. This document is Exhibit 2 to the
deposition of James Boyle, taken on January 19,2012 in the above-captioned case.
13.

Attached hereto as Exhibit 12 is a true and correct copy of the Expert Report of

Professor James Boyle. This document is also Exhibit 3 to the deposition of James Boyle, taken
on December 21, 2011 in the above-captioned case.
14.

Attached hereto as Exhibit 13 is a true and correct copy of an email from
to Hotfile, dated May 8, 2010. (HF00069560)

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16.

17.

Attached hereto as Exhibit 16 is a true and correct copy of a spreadsheet, created

at my direction, representing files deleted by Warner through its SRA misidentified

The "Number" column refers to the number of the file
identified in Exhibit B to the Declaration of Scott Zebrak in Support of Warner Bros. Motion for
Summary Judgment on Hotfile's Counterclaim, filed February 9, 2012. The "URL" is the URL
of the deleted file. The "Notice Date/Time" column shows when the file was deleted.

The
"Zebrak Title" column shows the title of the content of the deleted file listed in Exhibit B to the
Declaration of Scott Zebrak in Support of Warner Bros. Motion for Summary Judgment on
Hotfile's Counterclaim, filed February 9, 2012.
18.

Attached hereto as Exhibit 17 is a true and correct copy of a spreadsheet, created

at my direction, representing files deleted by Warner through its SRA

The "Number" column refers to the number of the file identified in
Exhibit B to the Declaration of Scott Zebrak in Support of Warner Bros. Motion for Summary

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Judgment on Hotfile's Counterclaim, filed February 9, 2012. The "URL" is the URL of the
deleted file. The "Notice Date/Time" column shows when the file was deleted.

The "Zebrak
Title" column shows the title of the content of the deleted file listed in Exhibit B to the
Declaration of Scott Zebrak in Support of Warner Bros. Motion for Summary Judgment on
Hotfile's Counterclaim, filed February 9, 2012.
19.

20.

Attached hereto as Exhibit 19 is a true and correct copy of a spreadsheet, created

at my direction, representing files deleted by Warner through its SRA

The "Number" column refers to the number of the file identified in
Exhibit B to the Declaration of Scott Zebrak in Support of Warner Bros. Motion for Summary
Judgment on Hotfile's Counterclaim, filed February 9, 2012. The "URL" is the URL of the
deleted file. The "Notice Date/Time" colunm shows when the file was deleted.

The "Zebrak
Title" column shows the title of the content of the deleted file listed in Exhibit B to the

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Declaration of Scott Zebrak in Support of Warner Bros. Motion for Summary Judgment on
Hotfile's Counterclaim, filed February 9, 2012.
21.

22.

Attached hereto as Exhibit 21 is a true and correct copy of a spreadsheet created

at my direction, representing files deleted by Warner through its SRA misidentified as copies of

The "Number" column refers to the
number of the file identified in Exhibit B to the Declaration of Scott Zebrak in Support of
Warner Bros. Motion for Sununary Judgment on Hotfile's Counterclaim, filed February 9, 2012.
The "URL" is the URL of the deleted file. The "Notice Date/Time" column shows when the file
was deleted.

The "Zebrak Title" column shows the title of the content of the deleted file
listed in Exhibit B to the Declaration of Scott Zebrak in Support of Warner Bros. Motion for
Summary Judgment on Hotfile's Counterclaim, filed February 9,2012.
23.

24.

Attached hereto as Exhibit 23 is a true and correct copy of a spreadsheet, created

at my direction, of files improperly taken down by Leak ID, on behalf of Warner Bros.

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CASE NO.: II-CIV-20427-WILLIAMS/TURNOFF
. The "Number"

column refers to the number of the file identified in Exhibit B to the Declaration of Scott Zebrak
in Support of Warner Bros. Motion for Summary Judgment on Hotfile's Counterclaim, filed
February 9, 2012. The "URL" is the URL of the deleted file. The "Notice Date/Time" column
shows when the file was deleted.

The "Zebrak Title" column shows the title of the content of the deleted file listed in
Exhibit B to the Declaration of Scott Zebrak in Support of Warner Bros. Motion for Summary
Judgment on Hotfile's Counterclaim, filed February 9, 2012.
25.

Attached hereto as Exhibit 24 is a true and correct copy of email from Herve

Lemaire to [e-mail], dated February 9, 2011. (HF00151039-72)
26.

Attached hereto as Exhibit 25 is a true and correct copy of email from Herve

Lemaire to [e-mail], dated February 8, 20 II. (HF00150633)
27.

Attached hereto as Exhibit 26 is a true and correct copy of screen shots of

comments posted to discussions of online articles regarding Warner's improper deletion of files
on Hotfile, located at http://yro.slashdot.org/story/I1l09/13/1811250Ihotfile-sues-warner-brosover-abuse-of-takedown-tool and http://torrentfreak.comlwarner-bros-admits-sending-hotfilefalse-takedown-requests-Illl 09/#disqus_thread . (HF02868379-80)
28.

Attached hereto as Exhibit 27 is a true and correct copy of a spreadsheet attached

as Exhibit E to the Declaration of Jennifer Yeh in Support of Warner's Motion for Summary
Judgment on Hotfile's Counterclaim in the above-captioned case, filed February 9.

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29.

CASE NO.: 11-CIV-20427-WILLIAMS/TURNOFF

Attached hereto as Exhibit 28 is a true and correct copy of the resume of Scott

Zebrak, attached as Exhibit A to the Declaration of Scott Zebrak in Support of Warner Bros.
Motion for Summary Judgment on Hotfile’s Counterclaim, filed February 9, 2012.
30.

Attached hereto as Exhibit 29 is a true and correct copy of an article from the WK

Journal, entitled, “Computer and Internet Lawyer (January 2004-Present), A DMCA Thrown Off
Balance: UMG v. Veoh and Beyond,” written by Scott Zebrak, published May 1, 2010.
31.

Attached hereto as Exhibit 30 is a true and correct copy of excerpts of the

deposition of Scott Zebrak, taken on January 20, 2012 in the above-captioned case.
32.

Attached hereto as Exhibit 31 is a true and correct copy of a spreadsheet, created

by Scott Zebrak, relating to takedown notices in the counterclaim.
33.

Attached hereto as Exhibit 32 is a true and correct copy of excerpts of the

deposition of Scott Zebrak, taken on December 20, 2011 in the above-captioned case.
34.

Attached hereto as Exhibit 33 is a true and correct copy of the Affidavit of Leigh

Mackay, dated January 19, 2012. This document is Exhibit 132 to the deposition of Scott
Zebrak, taken on January 20, 2012, in the above-captioned matter.
35.

Attached hereto as Exhibit 34 is a true and correct copy of the Expert Report of

Matthew Lynde, dated November 15, 2011.
36.

Attached hereto as Exhibit 35 is a true and correct copy of excerpts to the

Rebuttal Expert Report of Scott Zebrak, dated January 6, 2012.
37.

Attached hereto as Exhibit 36 is a true and correct copy of the SRA takedown

page from Hotfile’s website. This document is Exhibit 6 to the Deposition of David Kaplan,
taken October 12, 2011 in the above-captioned matter.

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CASE NO.: 11-CIV-20427-WILLIAMS/TURNOFF

Attached hereto as Exhibit 37 is a true and correct copy of excerpts of the

. deposition of Matthew Lynde, taken on December J 6, 2011, in the above-captioned matter.
39.

I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct.
Executed on this 27 day of February 2012, at San Francisco, Car

17;1;h ) ~VJAif.!:J

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CERTIFICATE OF SERVICE
I hereby certify that on February 27, 2012, a true and correct copy of the foregoing
document, was filed conventionally under seal and served on all counsel of record identified
below via e-mail and via FedEx.
Karen L. Stetson, Esq., Fla. Bar No.: 742937
GRAY-ROBINSON, P.A.
Email: [e-mail]
1221 Brickell Avenue
Suite 1600
Miami, FL 33131
Telephone: [phone]
Telecopy: 305.416.6887

Karen R. Thorland, Esq. (admitted pro hac vice)
Senior Content Protection Counsel
Email: [e-mail]
Motion Picture Association of America, Inc.
15301 Ventura Boulevard, Building E
Sherman Oaks, CA 91403-5885
Telephone: [phone]

Steven B. Fabrizio, Esq. (admitted pro hac vice)
Email: [e-mail]
Duane C. Pozza, Esq. (admitted pro hac vice)
Email: [e-mail]
Luke C. Platzer, Esq. (admitted pro hac vice)
Email: [e-mail]
JENNER AND BLOCK, LLP
1099 New York Avenue, N.W.
Suite 900
Washington, DC 20001
Telephone: [phone]
Telecopy: 202.639.6066

By:
Janet T. Munn

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