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 19
Perkins, Braxton
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/16/2011
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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,
vs.
HOTFILE CORP., ANTON TITOV,
and DOES 1-10,
Defendants.
___________________________
AND RELATED CROSS-ACTION.
________________________________________________________
HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
VIDEOTAPED DEPOSITION OF BRAXTON PERKINS
PURSUANT TO FEDERAL RULE 30(b)(6)
Los Angeles, California
Friday, December 16, 2011
Reported by:
LORI SCINTA, RPR
CSR No. 4811
Job No. 178935B
Electronically signed by Lori Scinta (601-264-733-0670)
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Perkins, Braxton
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20427-WILLIAMS-TURNOFF
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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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5
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vs.
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 BRAXTON PERKINS,
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pursuant to Federal Rule 30(b)(6), taken on behalf of
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Defendants and Counterclaimant Hotfile Corp., at
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633 West Fifth Street, Los Angeles, California,
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beginning at 10:15 A.M. and ending at 7:16 P.M. on
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Friday, December 16, 2011, before LORI SCINTA, RPR,
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Certified Shorthand Reporter No. 4811.
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Electronically signed by Lori Scinta (601-264-733-0670)
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Perkins, Braxton
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APPEARANCES:
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For Plaintiffs:
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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: dpozza@jenner.com
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-- and -9
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NBC UNIVERSAL
BY: KAREN GARVER
Senior Counsel, Anti-Piracy Legal Affairs
100 Universal City Plaza
Universal City, California 91608
818.777.2493
Email: karen.garver@nbcuni.com
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For Defendants and Counterclaimant Hotfile, Corp.:
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FARELLA BRAUN + MARTEL LLP
BY: DEEPAK GUPTA
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Email: dgupta@fbm.com
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Videographer:
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VONYARN MASON
SARNOFF COURT REPORTERS
20 Corporate Park, Suite 350
Irvine, California 92606
877.955.3855
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Electronically signed by Lori Scinta (601-264-733-0670)
5ff9ce4d-a4e8-444a-bce6-47911b25f707
Perkins, Braxton
12/16/2011
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
Electronically signed by Lori Scinta (601-264-733-0670)
5ff9ce4d-a4e8-444a-bce6-47911b25f707
Perkins, Braxton
12/16/2011
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
Electronically signed by Lori Scinta (601-264-733-0670)
0
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MR. POZZA:
04:04
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THE WITNESS:
04:04
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always under distribution agreements with partners and
04:04
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usually behind a transactional apparatus or behind a
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negotiated agreement involving advertising as associated
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with a playback of the content.
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04:05
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sites or distributors to have full-length content
04:05
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available in commercially negotiated means.
04:05 10
04:05 11
Objection.
Ambiguous.
Full-length content is almost
So, yes, Universal would create agreements with
BY MR. GUPTA:
Q
Does Universal post or allow others to post its
04:05 12
content on the Internet for free?
04:05 13
full-length content here.
MR. POZZA:
04:05 14
04:05 15
04:05 16
And I'm talking about
Objection --
BY MR. GUPTA:
Q
In other words, making it --
04:05 17
Sorry.
04:05 18
MR. POZZA:
04:05 19
I was going to object.
Ambiguous
and compound.
04:05 20
Go ahead.
BY MR. GUPTA:
04:05 21
Q
Does Universal -- I'll cure.
Does Universal permit sites other than
04:05 22
04:05 23
Universal-branded sites to host Universal full-length
04:05 24
content in a manner that users can access it for free?
04:06 25
Electronically signed by Lori Scinta (601-264-733-0670)
MR. POZZA:
Objection.
Ambiguous.
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THE WITNESS:
Users accessing it for free would
04:06
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04:06
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to me imply that there was an advertising element to the
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consumer access, or if the marginal cost to a person was
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sort of zero, that there may be a subscription element
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to the consumer.
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04:06
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belief on the part of Universal where free full-length
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content would be freely made available without
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negotiations of commercial terms regarding either
04:06 10
transactional pricing to consumers or advertising
04:07 11
revenue or subscription revenue associated with the
04:07 12
consumers accessing full-length content.
04:07 13
BY MR. GUPTA:
04:07 14
I am not aware of any instance or systematic
Q
Going back to trailers for a moment, does
04:07 15
Universal allow the downloading of trailers from the
04:07 16
Internet for some trailers?
04:07 17
MR. POZZA:
04:07 18
THE WITNESS:
04:07 19
policy on downloading trailers.
04:07 20
possible that under negotiated terms and conditions or
04:07 21
agreed-upon terms and conditions a marketing entity
04:07 22
would provide a file to a distribution partner.
04:07 23
that marketing group worked with that distribution
04:08 24
partner to enable a download, then that could be
04:08 25
happening.
Electronically signed by Lori Scinta (601-264-733-0670)
Objection.
Ambiguous.
I'm not aware of a specific
It is potentially
And if
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I right here don't recall an example of that,
04:08
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but I can't under oath tell you that categorically I'm
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aware that that's never happened or -- because I'm not
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fully aware of all the breadth of the deals that may
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have taken place.
04:08
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BY MR. GUPTA:
04:08
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04:08
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transferring a trailer owned by Universal to another
04:08
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Internet user?
Q
MR. POZZA:
04:08 10
04:08 11
Does Universal object to an Internet user
Object as ambiguous, calling for a
legal conclusion and outside the scope of the notice.
THE WITNESS:
04:08 12
I would imagine Universal would
04:08 13
object if the terms and conditions associated with the
04:08 14
marketing materials were being violated.
Again, if the terms and conditions associated
04:08 15
04:09 16
with the distribution of the marketing materials
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contemplated that transfer, then we wouldn't object
04:09 18
because we would have put that into the agreement.
04:09 19
BY MR. GUPTA:
04:09 20
04:09 21
Q
on this, does Universal object?
MR. POZZA:
04:09 22
04:09 23
Same objections and incomplete
hypothetical.
THE WITNESS:
04:09 24
04:09 25
But where the terms and conditions are silent
I'm not aware of them being
silent, and I think the objection would be something I
Electronically signed by Lori Scinta (601-264-733-0670)
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04:09
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would route to the law department to review.
04:09
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I probably wouldn't be in a position to opine the full
04:09
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legal understanding of what would be "objectable" other
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than my general business understanding that I've tried
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to communicate about how we distribute marketing
04:09
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materials.
04:09
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BY MR. GUPTA:
04:09
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04:10
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04:10 10
Q
Are you aware of any business arrangements in
which Universal has set up a deal such that it doesn't
object to a user transferring a trailer to another user?
MR. POZZA:
04:10 11
04:10 12
I guess --
Objection.
Ambiguous, lacks
foundation, outside the scope of the notice.
THE WITNESS:
04:10 13
I'm not aware of a specific
04:10 14
example where we -- Universal or an entity of Universal
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created a marketing campaign that involved transfers,
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point to point, user to user.
But, again, I can't attest that I'm fully aware
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04:10 18
that that -- that I can confidently tell you that's
04:10 19
never happened.
04:10 20
example of when we would have.
04:10 21
there would have been terms and conditions likely put in
04:11 22
place of that campaign.
04:11 23
BY MR. GUPTA:
04:11 24
04:11 25
Q
I don't know right now or recall an
But if we did, again,
Are you aware of any business arrangements in
which Universal set up the deal such that it expressly
Electronically signed by Lori Scinta (601-264-733-0670)
5ff9ce4d-a4e8-444a-bce6-47911b25f707
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prohibited a user from transferring a trailer to another
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user?
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MR. POZZA:
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THE WITNESS:
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agreement an express prohibition would have been written
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or not.
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terms and conditions would indicate whatever the desire
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of the marketing group would be, and that if there was
Same set of objections.
I would not know if in the
My general business understanding is that the
04:11 10
the desire to not prohibit it, then that would be there;
04:11 11
and if the desire was to prohibit it, then it would be
04:11 12
in the agreement.
04:11 13
BY MR. GUPTA:
04:11 14
Q
So the answer is:
You are not aware of any
04:11 15
specific business arrangements set up such that users
04:11 16
were expressly prohibited from transferring?
MR. POZZA:
04:12 17
04:12 18
and answered.
THE WITNESS:
04:12 19
04:12 20
Same set of objections, and asked
I mean, I do -- I feel like
I'm -- I have answered the question.
I don't -- again, I -- I -- I'm not aware of
04:12 21
04:12 22
the full breadth of all the marketing campaigns and the
04:12 23
terms and conditions for any and all content.
It's possible that some agreements might
04:12 24
04:12 25
expressly prohibit it.
Electronically signed by Lori Scinta (601-264-733-0670)
It's possible some may expressly
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allow it.
But I'm just -- I'm not aware of examples of
04:12
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either of those, nor am I aware of the full breadth of
04:12
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the deals going through.
04:12
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BY MR. GUPTA:
04:12
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Q
04:13
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cyberlocker?
04:13
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04:13
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scope of the notice to the extent it involves sites
04:13
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other than Hotfile.
Has Universal ever posted a file on a
MR. POZZA:
THE WITNESS:
Object as ambiguous and outside the
04:13 10
I guess you'd have to define
04:13 11
"cyberlocker" for me in order for me to accurately try
04:13 12
and answer that question.
04:13 13
BY MR. GUPTA:
04:13 14
Q
Let's start with Hotfile.
Has Universal ever posted a file on Hotfile?
04:13 15
04:13 16
Okay.
A
I am not aware of any instance where a company
04:13 17
account or an agent of the company acting at the
04:13 18
direction of the company uploaded something to Hotfile.
04:14 19
04:14 20
04:14 21
Q
What's your understanding of what is digital
fingerprinting?
A
Digital printer -- fingerprinting is a
04:14 22
technology that allows for automatic content
04:14 23
recognition.
04:14 24
Q
04:14 25
Electronically signed by Lori Scinta (601-264-733-0670)
Can you tell me what it does?
MR. POZZA:
I'll object to this -- this line of
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I, the undersigned, a Certified Shorthand
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3
Reporter of the State of California, do hereby certify:
That the foregoing proceedings were taken
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5
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.
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.
IN WITNESS WHEREOF, I have this date
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subscribed my name.
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Dated: 12-20-11
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Electronically signed by Lori Scinta (601-264-733-0670)
________________________________
LORI SCINTA, RPR
CSR No. 4811
5ff9ce4d-a4e8-444a-bce6-47911b25f707
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