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 25

Page 1
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,
CASE NO.
11-20427-WILLIAMS-TURNOFF

vs.

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

HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
VIDEOTAPED DEPOSITION OF MICHAEL BENTKOVER
Los Angeles, California
Tuesday, December 13, 2011

Reported by:
LORI SCINTA, RPR
CSR No. 4811
Job No. 177476A

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UNITED STATES DISTRICT COURT

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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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6

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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

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Videotaped deposition of MICHAEL BENTKOVER,

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taken on behalf of Defendants and Counterclaimant

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at 633 West Fifth Street, Suite 3600, Los Angeles,

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California, beginning at 9:38 A.M. and ending at

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12:17 P.M. on Tuesday, December 13, 2011, before

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LORI SCINTA, RPR, Certified Shorthand Reporter No.

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4811.

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Page 3
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APPEARANCES:

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For Plaintiffs:

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JENNER & BLOCK LLP
BY: STEVEN B. FABRIZIO
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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For Defendants and Counterclaimant:
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FARELLA BRAUN + MARTEL LLP
BY: EVAN M. ENGSTROM
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Email: [e-mail]

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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

Page 31
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Q

Did you have any other communications with

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Hotfile between this top-level email dated April --

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August 26th, 2009, and the April 30th, 2009, regarding

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the possibility of establishing a takedown tool?

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MR. FABRIZIO:

Objection.

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THE WITNESS:

I don't know.

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8
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BY MR. ENGSTROM:
Q

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Did you ever communicate with Hotfile

tools for removing content from Hotfile?
MR. FABRIZIO:

Objection.

Vague and lacks

foundation.

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Okay.

about implementing any other policies or strategies or

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Overbroad.

THE WITNESS:

Repeat the question.

BY MR. ENGSTROM:
Q

Did you ever communicate with Hotfile about

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establishing any other tools, policies, measures,

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basically within the realm of the idea of an SRA, any

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other techniques, tools, implementations --

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A

No, I did not.

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Q

-- that --

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MR. FABRIZIO:

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Objection.

Excuse me.

Vague, compound and lacks

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foundation and also vague as to timeframe.

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BY MR. ENGSTROM:

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Q

At any time.

Page 44
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MR. FABRIZIO:

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THE WITNESS:

Objection to form.
It was the only option we had.

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Do I think it was the most effective?

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BY MR. ENGSTROM:

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Q

What do you believe would have been a more

effective option?

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No.

MR. FABRIZIO:

Objection.

Calls for

speculation and opinion.

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THE WITNESS:

Hotfile could have prefiltered

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and not allowed the files in the first place.

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BY MR. ENGSTROM:

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Q

Did you communicate to Hotfile about

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implementing such prefiltering?

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MR. FABRIZIO:

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THE WITNESS:

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Objection.

Vague.

No.

BY MR. ENGSTROM:
Q

Did anyone you're aware of -- are you aware of

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anyone at Warner Bros. that communicated to Hotfile

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about implementing prefiltering?

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MR. FABRIZIO:

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Vague as to

timeframe.

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Objection.

THE WITNESS:

I don't know.

BY MR. ENGSTROM:
Q

The last sentence of this email reads, "We

appreciate the Hotfile takedown removal tool and the

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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: 12-15-11

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________________________________
LORI SCINTA, RPR
CSR No. 4811