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

Filing 390

NOTICE by Hotfile Corp., Anton Titov Defendants' Notice of Filing the Publicly Filed Redacted Version of the Declaration of Andrew Leibnitz and Exhibits Thereto, Filed in Support of Defendants' Opposition to Plaintiffs' Motion for Summary Judgment and Exhibits Thereto (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)

EXHIBIT A

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 ANDREW LEIBNITZ IN SUPPORT
OF DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR
SUMMARY JUDGMENT AND EXHIBITS THERETO
I, Andrew Leibnitz, 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 1 is a true and correct copy of

3.

Attached hereto as Exhibit 2 is a true and correct copy of excerpts of the

deposition of defendant Anton Titov, in his personal capacity and as Fed. R. Civ. P. 30(b)(6)
representative of defendant Hotfile Corp., taken from December 5 to December 8, 2011 in the
above-captioned case.
4.

Attached hereto as Exhibit 3 is a true and correct copy of

5.

Attached hereto as Exhibit 4 is a true and correct listing of the subset of files in

the Waterman sample that Mr. Zebrak, in his expert report dated November 18, 2011,
categorized as "Noninfringing." I have highlighted instances of iREB, snOwbreeze and
Jdownloader in this listing. This was generated by performing a sort on the "category" column
of an Excel spreadsheet produced by Mr. Zebrak in discovery summarizing his analysis.
6.

Attached hereto as Exhibit 5 is a true and correct copy of excerpts ofthe

deposition of Dr. Andrew Cromarty, taken on December 16, 2011 in the above-captioned case.
7.

Attached hereto as Exhibit 6 is a true and correct copy of the Expert Report of

Scott Zebrak dated November 18, 2011. This document is Exhibit C to the Expert Report of
Richard Waterman.
8.

Attached hereto as Exhibit 7 is a true and correct copy of Hotfiles' Fourth Set of

Interrogatories to Plaintiffs dated November 23,2011.
9.

Attached hereto as Exhibit 8 is a true and correct copy of Plaintiffs' Response and

Objections to Hotfile's Fourth Set ofInterrogatories, dated January 3, 2012.

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10.

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

Attached hereto as Exhibit 9 is a true and correct copy of the hearing transcript

related to Plaintiffs Motion Prohibiting Spoliation And To Preserve Evidence, dated March 7,
2011.
11.

Attached hereto as Exhibit lOis a true and correct copy of excerpts from

Viacom's Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment, in
Viacom International, Inc., et al v. You Tube Inc., et ai, Case No.1 :07-cv-02103 (LLS) (N.Y.S.D.

May 21, 2010).
12.

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

deposition of David Kaplan, taken on October 12,2011 and December 13,2011 in theabovecaptioned case.
13.

Attached hereto as Exhibit 12 is a true and correct copy of the Court Order

Denying Plaintiff s Motion for Preliminary Injunction in Pe1ject 10, Inc. v. Rapidshare, A. G., et
aI., Case No. 09-CV-2596 H (WMC) (S.D. Cal. May 18, 2010).

14.

Attached hereto as Exhibit 13 is a true and correct copy of excerpts of the

deposition of Scott Zebrak, taken on January 20, 2010 in the above-captioned case.
15.

Attached hereto as Exhibit '14 is a true and correct copy of Amici Curiae brief of

Public Knowledge, Electronic Frontier Foundation, Consumer Electronics Association, and
Home Recording Rights Coalition in Support of Defendants, in Capitol Records, Inc., et al v.
MP3Tunes, et aI., Case No. 07 Civ. 9931 (WHP) (S.D.N.Y. November 16,2010).

16.

Attached hereto as Exhibit 15 is a true and correct copy of Arista Records,et aI., v

Myxer Inc., 2011 U.S. Dist. LEXIS 109688 (C.D. Cal. April 1,2011).

17.

Attached hereto as Exhibit 16 is a true and correct copy of a screenshot of a file

located at the URL http://hotfile.com/dl/87916770/8c81640/Salt. Water.Aquarium.HD-l 080-

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Rapid4all.org. wmv.html. Columbia identified this file, which is a video of fish in a salt water
aquarium and does not bear a copyright notice, as infringing Columbia's copyrights in the
Angelina lolie and Brad Pitt movie "Salt," apparently only because the URL contains the word
"salt".
18.

Attached hereto as Exhibit 17 is a true and correct copy of excerpts of the

deposition of Kevin Suh taken on December 20,2011 in the above-captioned case.
19.

Attached hereto as Exhibit 18 is a true and correct copy of excerpts of the

deposition of Yangbin Wang taken on December 22,2011 in the above-captioned case.
20.

Attached hereto as Exhibit 19 is a true and correct copy of excerpts of the

deposition of Braxton Perkins taken on December 16, 2011 in the above-captioned case.
21.

Attached hereto as Exhibit 20 is a true and correct copy of excerpts of the

deposition of Vicki Solmon taken on December 9, 2011 in the above-captioned case.
22.

Attached hereto as Exhibit 21 is a true and correct copy of excerpts of the

deposition of Matthew Lynde taken on December 16, 2011 in the above-captioned case.
23.

Attached hereto as Exhibit 22 is a true and correct copy of excerpts of the

deposition of Constantin Luchian taken on December 15,2011 in the above-captioned case.
24.

Attached hereto as Exhibit 23 is a true and correct copy of excerpts of the

deposition of Betsy Zedek taken on December 13,2011 in the above-captioned case.
25.

Attached hereto as Exhibit 24 is a true and correct copy of excerpts of the

deposition of Steve Kang taken on December 20, 2011 in the above-captioned case.
26.

Attached hereto as Exhibit 25 is a true and correct copy of excerpts of the

deposition of Michael Bentkover taken on December 13,2011 in the above-captioned case.

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27.

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

Attached hereto as Exhibit 26 is a true and correct copy of excerpts of the

deposition of Lance Griffin taken on December 22,2011 in the above-captioned case.
28.

Attached hereto as Exhibit 27 is a true and correct copy of excerpts of the

deposition of defendant Anton Titov, as Fed. R. Civ. P. 30(b)(6) representative of defendant
Hotfile Corp., taken on November 17,2011 in the above-captioned case.
29.

Attached hereto as Exhibit 28 is a true and correct copy of an email from Michael

Bentkover to Ethan Applen and David Kaplan, dated August 26, 2009. (WARNER025866-72)
30.

Attached hereto as Exhibit 29 is a true and correct copy an email chain between

Natasha Starodub and Hotfile Abuse, dated September-October, 2009. (HF02835776-82)
31.

Attached hereto as Exhibit 30 is a true and correct copy of an email chain between

Michael Bentkover and Hotfile Support, dated September 1-3,2009. (HF02835643-45)
32.

Attached hereto as Exhibit 31 is a true and correct copy of an email from Michael

Bentkover to Hotfile Support, dated April 14, 2010. (HF02835679-80)
33.

Attached hereto as Exhibit 32 is a true and correct copy ofan email from Natasha

Lakeman to Hotfile Support, dated April 2, 2010. (HF02868300-01)
34.

Attached hereto as Exhibit 33 is a true and correct copy of an email chain between

Dave WOlih and Hotfile Abuse, dated September 20-22, 2010. (PM-WBOOOl15-18)
35.

Attached hereto as Exhibit 34 is a true and correct copy of an email from Michael

Bentkover to Hotfile, dated September 15,2010. (WARNER025830)
36.

Attached hereto as Exhibit 35 is a true and correct copy of an email from Justin

Haines to Hotfile Abuse, dated April 26, 2011. (HF00089228-89)
37.

Attached hereto as Exhibit 36 is a true and correct copy of the Federal Register,

Vol. 6, No. 78, Proposed Rules, dated September 28,2011.

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38.

CASE NO.: 11-CIV-20427-WILLIAMSITURNOFF

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

deposition of Richard Waterman taken on November 29,2011 in the above-captioned case.
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 7th day of March 2012, at San Francisco, California.

~J4

Andrew Leibnilz

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