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 17

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,
vs.

CASE NO. 11-20427-WILLIAMS-TURNOFF

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

HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
VIDEOTAPED DEPOSITION OF KEVIN M. SUH, ESQUIRE,
INDIVIDUALLY AND
PURSUANT TO FEDERAL RULE 30(b)(6)
Los Angeles, California
Tuesday, December 20, 2011
Reported by:
LORI SCINTA, RPR
CSR No. 4811
Job No. 178796

KEVIN M. SUH, ESQUIRE
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

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UNITED STATES DISTRICT COURT

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12/20/2011

SOUTHERN DISTRICT OF FLORIDA

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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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vs.

CASE NO. 11-20427-WILLIAMS-TURNOFF

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

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Defendants.
_________________________
AND RELATED CROSS-ACTION.
______________________________________________________

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HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
Videotaped deposition of KEVIN M. SUH, ESQUIRE,

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individually, and pursuant to Federal Rule 30(b)(6),

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taken on behalf of Defendants and Counterclaimant

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Hotfile Corp., at 633 West Fifth Street, Los Angeles,

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California, beginning at 9:17 A.M. and ending at

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6:03 P.M. on Tuesday, December 20, 2011, before

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LORI SCINTA, RPR, Certified Shorthand Reporter No. 4811.

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KEVIN M. SUH, ESQUIRE
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

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12/20/2011

APPEARANCES:
For Plaintiffs:
JENNER & BLOCK LLP
BY: DUANE C. POZZA
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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-- and -9
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MOTION PICTURE ASSOCIATION OF AMERICA, INC.
BY: KAREN R. THORLAND
Attorney at Law
15301 Ventura Boulevard, Building E
Sherman Oaks, California 91403
310.244.6946
Email: [e-mail]

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For Defendants and Counterclaimant Hotfile, Corp.:
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FARELLA BRAUN + MARTEL LLP
BY: ANTHONY SCHOENBERG
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Email: [e-mail]
Videographer:
VONYARN MASON
SARNOFF COURT REPORTERS
20 Corporate Park, Suite 350
Irvine, California 92606
877.955.3855

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KEVIN M. SUH, ESQUIRE
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/20/2011

10:29

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intruding on attorney work product and antipiracy

10:29

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investigation.

10:29

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notice.

10:29

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10:29

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time period.

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wouldn't want to say this site has a -- has a moderator

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and a forum unless I confirmed it.

10:30

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for that today.

10:30

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BY MR. SCHOENBERG:

10:30

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10:30

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10:30

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A

Correct.

10:30

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Q

Okay.

10:30

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10:30

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What -- what did you mean by that?

10:30

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I asked you what are the indicia of a rogue

10:30

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cyberlocker.

10:30

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content protection measures that they take.

10:30

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It's also outside the scope of the

THE WITNESS:

Q

It varies from time period to

Okay.

And -- and, honestly, I don't -- I

And I didn't prepare

So, as you sit here right now, you're

not certain which cyberlocker may or may not do that?

You mentioned also content protection

measures taken by rogue cyberlockers.

The second thing you said was their

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KEVIN M. SUH, ESQUIRE
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/20/2011

10:31

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10:31

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10:31

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10:31

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MR. POZZA:

10:31

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THE WITNESS:

10:31

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give you, you know, not necessarily a comprehensive

10:31

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list; but I can give you just a sense of -- of what some

10:31

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of them might be.

10:31

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BY MR. SCHOENBERG:

10:31

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content filtering.

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content is as it's being uploaded or shortly after it's

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been uploaded to identify it as either copyright

10:31

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infringing or not.

10:31

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10:32

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10:32

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BY MR. SCHOENBERG:
Q

Okay.

What are those measures, or what are

those precautions?

Q

Okay.

Same objections.
I mean, I can give you -- I can

I'd like to know all of them that you

are aware of.
A

Q

One of them would -- would clearly be preupload
So a system that recognizes what the

So you mean something like digital

fingerprinting?
A

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KEVIN M. SUH, ESQUIRE
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/20/2011

10:32

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10:32

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10:32

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MR. POZZA:

10:32

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THE WITNESS:

10:32

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I would say, a category of the way the website markets

10:32

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itself.

10:32

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to a certain audience, you're bound to attract certain

10:32

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types of users that are -- may or may not be prone to

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copyright infringement.

10:32

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aggressively markets an uploader rewards program in

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places like, you know, Wjunction, where copyright

10:33

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infringement is -- is discussed openly, that -- that

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certainly will result in -- in attracting users who

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engage in that kind of behavior.

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There are other simply business rules

10:33

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associated with a website that could be employed to help

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mitigate copyright infringement from the perspective of

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the cyberlocker itself.

10:33

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Those would include things like reupload hash

10:34

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filtering, reupload MD5 hash filtering, to prevent the

10:34

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What -- what other precautions did you have in
mind?
Same set of objections.
Many of the -- there is a subset,

If you market yourself in a certain way to --

And, so, generally speaking, if a website

And -- and really how -- how aggressive the
rewards program is in terms of paying users.

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KEVIN M. SUH, ESQUIRE
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/20/2011

10:34

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individuals who have uploaded repeatedly files that were

10:34

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taken down for copyright infringement are identified and

10:34

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their accounts are terminated so they can't continue to

10:34

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upload files.

10:34

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10:34

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10:34

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10:34

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rogue cyberlockers contain clearly copyrighted terms

10:34

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within the titling of the file, and text-based word

10:35

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filters help prevent that from happening and at least

10:35

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use that -- that metadata to identify files that are

10:35

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potentially copyright infringing.

10:35

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to examine where their inbound traffic is coming from.

10:35

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So, in other words, if a lot of inbound traffic is

10:35

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coming from sites that are known to be sites that are

10:35

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engaged in copyright infringement, you can certainly

10:35

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tell that you're getting a large proportion of your

10:35

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traffic from those sites.

10:35

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It's important to keep in mind that -- that

10:35

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cyberlockers and other similar hosting sites in many

10:35

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ways are monetizing bandwidth and user behavior and

It would include things like a text-based word
filter that would be applied to file names.
Many of the files that are uploaded to -- to

There is also the ability for website operators

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KEVIN M. SUH, ESQUIRE
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/20/2011

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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: 12/27/2011

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________________________________
LORI SCINTA, RPR
CSR No. 4811

263