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 2
Highly Confidential
Page 1
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.,
Plaintiff,
v.
HOTFILE CORP., ANTON
TITOV, and DOES 1-10,
Defendants.
HOTFILE CORP.,
Counterclaimant,
v.
WARNER BROS ENTERTAINMENT
INC.,
Counterdefendant.
- - - - - - - - - - - - - - - - - - - - - - - - VOLUME I
H I G H L Y C O N F I D E N T I A L
(Pursuant to protective order, the following
transcript has been designated highly confidential)
30(b)(6) DEPOSITION OF ANTON TITOV
Radisson Blu Hotel
Sofia, Bulgaria
Monday, December 5, 2011
Job Number: 44174
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2
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A P P E A R A N C E S
ATTORNEY FOR THE PLAINTIFFS:
JENNER & BLOCK
BY: STEVEN B. FABRIZIO, ESQ.
1099 New York Avenue, NW
Washington, DC 20001
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6
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8
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10
11
ATTORNEY FOR THE DEFENDANTS HOTFILE CORP.,
AND ANTON TITOV:
FARELLA, BRAUN & MARTEL
BY: RODERICK M. THOMPSON, ESQ.
235 Montgomery Street
San Francisco, California 94104
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BOSTON LAW GROUP
VALENTIN GURVITS
825 Beacon Street
Newton Center, MA 02459
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Also present:
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Court reporter:
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Fiona Farson
TSG Reporting
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5
6
Videographer:
Simon Rutson
TSG Reporting
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8
9
Interpreter:
Assist. Prof. Boris Naimushin, Ph.D.
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A.
Yes.
2
Q.
Okay.
From August 2008, again going forward, can you
3
identify the people who were working with you on the
4
development of the Hotfile website?
5
MR. THOMPSON:
Objection, overbroad.
6
today?
7
MR. FABRIZIO:
8
A.
9
Do you mean up to
BY MR. FABRIZIO:
Yes.
Strictly on developing, it would be Diyan Chuburov.
10
Q.
Can you spell, please?
11
A.
D-I-Y-A-N, C-H-U-B-U-R-O-V.
12
Q.
Chuburov:
13
A.
Yeah.
14
Did I say that right?
He was working approximately from the beginning.
15
Q.
Does he still work on the Hotfile website?
16
A.
Yes, he does.
17
Q.
What are the nature of his responsibilities?
18
MR. THOMPSON:
19
BY MR. FABRIZIO:
20
Q.
21
22
Today?
Can you please describe from the inception, and if
they've changed, as they've changed through today.
A.
He's responsible for programming the website, the actual
23
website of hotfile.com, and internal administrative web
24
pages.
25
Q.
Have those been his duties from the inception?
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developing hotfile.com.
2
Q.
Any other companies, beyond RapidShare?
3
A.
RapidShare was market leader, and we would normally
4
compare to them, ourselves to them, but I believe we
5
looked at others too.
6
Q.
What were the others?
7
A.
I think MediaFire.
8
Q.
Did you say MediaFire?
9
A.
MediaFire.
10
Q.
Any others?
11
A.
It's very hard to judge in the time when you've seen
12
13
anything.
Q.
14
15
MR. THOMPSON:
Megaupload?
Just so the question is clear, is there
a time?
MR. FABRIZIO:
18
19
Let me -- let me suggest a couple of names and
you can tell me.
16
17
Sure.
This is in the time they were developing the
functionality for Hotfile.
A.
We were probably aware of Megaupload, but I don't think
20
we were really looking at Megaupload as an example of
21
functionality or anything else.
22
BY MR. FABRIZIO:
23
Q.
Okay.
So is it fair to say that you principally looked
24
to RapidShare to get ideas for functionality for
25
Hotfile?
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A.
Yes, pretty fair to say that, yes.
2
Q.
Was there somebody that had responsibility for analyzing
3
the RapidShare functionalities to determine whether some
4
of them might be appropriate for Hotfile?
5
A.
Well, I don't think that anybody was officially given
6
or -- this task, or -- but I would say that Rumen
7
Stoyanov would normally look at the competition.
8
Q.
And what about yourself?
9
MR. THOMPSON:
Objection, vague.
10
A.
Probably, yes, I would.
11
BY MR. FABRIZIO:
12
Q.
Other than the people you've already identified, is
13
there anybody else that worked with you on Hotfile
14
functionality design?
15
A.
No, I won't say so.
16
Q.
Okay.
17
Turning to another area you identified, which was
website design.
18
A.
Yes.
19
Q.
Did you work -- did you personally work on the website
20
21
design?
A.
22
I'm not a designer.
I might fix some small visual
things, but I won't say that I'm working on the design.
23
Q.
Okay.
24
A.
The initial Hotfile design was pretty simple, and
25
Who worked on the design of the Hotfile website?
I would say that only the logo was developed by an
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actual designer; that would be an external contractor.
2
And the rest, to the extent there was design, was done
3
by Diyan, and maybe --
4
Q.
Mr. Chuburov?
5
A.
Yes.
6
7
And there could be my help there, but I won't say
it would be substantial.
Q.
8
Who was the outside contractor that designed the logo,
the initial logo?
9
A.
A friend of mine.
10
Q.
Can you spell, please?
11
A.
N-I-K-O-L-A-I, T-E-N-E-V.
12
Q.
Was Mr. Tenev a designer by trade?
13
A.
Sorry?
14
Q.
Was his business designing things like logos?
15
A.
Yes.
16
Q.
Okay.
17
His name is Nikolai Tenev.
He's a web designer.
You said the initial design was pretty simple.
Did there come a time when the site was redesigned?
18
A.
Yes, there was a time.
19
Q.
When was that?
20
A.
I'm afraid that my memories are not very clear in time,
21
but I would say somewhere in the beginning 2010.
22
Q.
Why was the site redesigned?
23
A.
I can't think of a particular reason besides that we
24
wanted to make it looking more professional or
25
attractive and better, generally better.
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Q.
2
And you said "we"; who is the "we" in your sentence?
Did that include you?
3
MR. THOMPSON:
Objection, compound.
4
BY MR. FABRIZIO:
5
Q.
Well, let me ask the question this way:
Who
6
participated in the decision to redesign the Hotfile
7
website in the beginning of 2010?
8
A.
It was probably me, Rumen Stoyanov and Atanas Vangelov.
9
Q.
Do you, Mr. Stoyanov, and Mr. Vangelov have an
10
understanding as to which responsibilities each of you
11
will take primary -- let me rephrase the question.
12
Did you, Mr. Stoyanov, and Mr. Vangelov have an
13
allocation of responsibilities among yourselves with
14
regard to the Hotfile system?
15
MR. THOMPSON:
16
A.
17
Objection, vague and overbroad.
There are some principal understandings, but they're not
really hardly defined.
18
BY MR. FABRIZIO:
19
Q.
What are those understandings?
20
A.
I would generally cover everything that goes on the
21
technical part.
Rumen would be normally responsible for
22
finances, and I would say that he's a bit more involved
23
in day-to-day operations.
24
generally -- would generally deal with potential
25
investors, advertising on the site, to the extent we
And Atanas Vangelov would be
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have it, and some communication, just -- some external
2
contractors, people.
3
Q.
4
But you said the roles are not particularly -- are not
strictly defined?
5
MR. THOMPSON:
6
A.
7
BY MR. FABRIZIO:
8
Q.
Is that correct?
9
Objection, vague.
I won't say that they are strictly defined, yes.
Do you have any role in the day-to-day operations of the
Hotfile website?
10
MR. THOMPSON:
11
A.
Objection.
Overbroad, vague.
I wouldn't say day to day, because days can pass --
12
a lot of days can pass without me doing anything.
13
I have some, I would say, recurring duties.
14
BY MR. FABRIZIO:
15
Q.
What are your recurring duties?
16
A.
But
I am responsible for making the payments to the
17
affiliates every Monday.
18
Q.
19
MR. THOMPSON:
20
A.
21
BY MR. FABRIZIO:
22
Q.
23
24
25
Who's paying the affiliates today, as you sit here?
Objection, assumes facts.
Today is a long day.
Understand.
What other responsibilities do you have
that are recurring?
A.
I wouldn't say that there is anything.
It really
depends if I -- I have certain duties to oversee, the
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technical part.
2
nobody bothers me for a month, it's okay.
3
breaks down, I can work every day, but I won't say
4
recurring every day.
5
Q.
Okay.
If I manage to do it in a way that
If something
Was there anybody else that works on the web
6
design of the Hotfile site, other than the people you've
7
identified?
8
A.
No.
9
Q.
Okay.
10
You identified general operations as another
general area.
11
A.
Yes.
12
Q.
Who were the people that worked on the general
13
operations of the Hotfile system?
14
MR. THOMPSON:
15
BY MR. FABRIZIO:
16
Q.
Is there a difference?
17
A.
I would say so, yes.
18
BY MR. FABRIZIO:
19
Q.
20
21
Okay.
Do you mean currently, or from the beginning?
So let's start at the beginning and then work
forward to currently.
A.
First I would like to mention that in my understanding,
22
general operations begin when the site becomes public.
23
But before that, I would consider everything
24
development.
25
Q.
Does that sound reasonable?
I'm not sure I understood what you just said, so why
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2
don't you say it again.
A.
General operations would be -- begin once the site
3
starts operating.
Everything else before that is
4
development, in my understanding.
5
Q.
Okay.
6
A.
Do you agree?
7
Q.
That's fair enough.
8
A.
So, from the beginning or almost from the beginning,
9
Andre Ianakov would be responsible for communications
10
with users, and handling DMCA takedown notices.
11
Q.
12
MR. THOMPSON:
13
Is Mr. Ianakov a manager?
Objection, vague.
Calls for a legal
conclusion.
14
BY MR. FABRIZIO:
15
Q.
16
Let me ask it this way:
Does Mr. Ianakov have a title
at Hotfile?
17
A.
I don't think anybody at Hotfile really has a title.
18
Q.
Is Mr. Ianakov employed by Hotfile Corporation?
19
A.
He's employed by Blue Ant Ltd., but works -- he does
20
21
work for Hotfile Corporation, yes.
Q.
22
To your knowledge, does he perform work for any other
company?
23
A.
I am not aware of any.
24
Q.
And you said communicates with users and DMCA takedown
25
notices.
Does Mr. Ianakov have any other general
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2
operations responsibilities?
A.
3
4
I don't think anything else would be -- could be defined
as his responsibility.
MR. THOMPSON:
Mr. Fabrizio, perhaps you should get the
5
spelling, for the record.
6
a little differently than the witness is.
7
MR. FABRIZIO:
8
9
Okay.
I think you're pronouncing it
I have the spelling for Ianakov as
I-A-N-A-K-O-V.
A.
That's one of the valid spellings.
10
BY MR. FABRIZIO:
11
Q.
12
Does anybody else have responsibility for general
operations of Hotfile?
13
A.
At a certain point, Stanislav Manov.
14
Q.
And that's S-T-A-N-I-S-L-A-V, M-A-N-O-V?
15
A.
Exactly.
16
Q.
When did Mr. Manov assume responsibilities for general
17
18
operations?
A.
19
20
I believe.
Q.
21
22
He started helping Andre Ianakov in spring 2010,
So prior to spring of 2010, it was just Mr. Ianakov
handling operations?
A.
I'm not sure of what your definition of "operations" is.
23
He was handling communications with users and, again,
24
DMCA takedown notices.
25
Q.
Did Mr. Ianakov report to anybody else?
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MR. THOMPSON:
2
A.
Objection, vague.
I don't think he -- we have strictly defined reporting
3
structure, but it is my impression that he would
4
normally report to Rumen Stoyanov.
5
technical problems would be reported to me.
6
BY MR. FABRIZIO:
7
Q.
8
MR. THOMPSON:
9
A.
And of course
Professionally, you were Mr. Ianakov's superior?
Objection, vague and ambiguous.
I consider myself superior to Mr. Ianakov.
10
BY MR. FABRIZIO:
11
Q.
If you gave him instructions about things to do with
12
Hotfile, you would expect him to carry them out because
13
you told him to, correct?
14
MR. THOMPSON:
15
A.
Objection, overbroad.
I would expect so.
But to the extent if he thinks that
16
instruction I'm giving him he's considering unimportant,
17
he show choice, he would probably ask if I conferred
18
with Rumen and probably Atanas.
19
BY MR. FABRIZIO:
20
Q.
Okay.
Other than Mr. Ianakov and eventually Mr. Manov,
21
has anybody else worked on the general operations of
22
Hotfile?
23
MR. THOMPSON:
24
A.
25
Objection, vague.
It really depends what you -- how you define "general
operations."
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BY MR. FABRIZIO:
2
Q.
Well, how do you define "general operations"?
3
A.
This is my first time defining general operations, but
4
5
I would say things that had to be done day to day.
Q.
6
7
All right.
With that definition, other than Mr. Ianakov
and Manov, was there anybody else?
A.
To the extent that Hotfile servers require and required
8
maintenance, and that we would be needing off on
9
provisioning of new servers at first, I was dealing with
10
these tasks.
And since Vasil Kolev started working for
11
Hotfile Corp., and the more he -- he started performing
12
most of the these duties.
13
Q.
Okay.
14
A.
And --
15
Q.
Go ahead.
16
A.
And we relied on the data center support or external
17
contractor to perform actual physical server movements,
18
like mounting, replacement, hard drive replacement, and
19
so on.
20
Q.
21
And who is the person that handled the physical aspects
of server replacement or additions?
22
MR. THOMPSON:
23
A.
Objection, assumes facts.
During the periods we would normally use the normal
24
support of the data center, I can't really say any
25
names, but there are probably documents --
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contract is with Hotfile Limited?
2
MR. THOMPSON:
3
BY MR. FABRIZIO:
4
Q.
5
Objection, vague.
Well, let me ask it this way:
Was that an accurate
statement, when you made it?
6
A.
It is.
It was.
7
Q.
Okay.
8
A.
It is.
9
Q.
So Lemuria has a contract with Hotfile Limited to
And is it accurate today?
10
provide web hosting services for the Hotfile website,
11
correct?
12
A.
Lemuria has a contract with Hotfile Limited to the
13
extent that Hotfile Limited -- to the extent that
14
Hotfile Limited is acting on behalf of Hotfile Corp.
15
(Reporter clarification.)
16
MR. THOMPSON:
"... acting on behalf of Hotfile Corp."
17
BY MR. FABRIZIO:
18
Q.
19
MR. THOMPSON:
I object to calling for a legal conclusion.
20
MR. FABRIZIO:
Well, the witness is -- every time I use the
And in paragraph 5, what did you mean by a "contract"?
21
term "contract," he expresses a misunderstanding of what
22
I mean.
23
MR. THOMPSON:
24
25
So I want to just get a common understanding.
Same objection.
You can answer if you understand the question.
A.
I understand the question, and beyond the fact that
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there is no written contract, I think that -- my
2
understanding was that verbal or other kind of
3
understanding is still a contract.
4
BY MR. FABRIZIO:
5
Q.
6
Okay, I just want to confirm:
So there is no written
contract between Lemuria and Hotfile Limited?
7
A.
I don't know anything about any such contract.
8
Q.
Okay.
9
agreement under the terms as to which Lemuria would
10
11
provide web hosting services to Hotfile?
MR. THOMPSON:
12
13
Did Lemuria and Hotfile Limited reach an
Objection, vague, calls for a legal
conclusion.
A.
14
Since the two companies are doing business, I think it's
fair to say that they have reached an agreement.
15
BY MR. FABRIZIO:
16
Q.
Well, I guess what I'm trying to get at is, was there
17
a point in time when Hotfile Limited and Lemuria sat
18
down and said, "Here's what our agreement is," and
19
specified the terms of their agreement?
20
MR. THOMPSON:
21
A.
Objection, vague.
It was more like Hotfile Corp defining the terms of
22
agreement and then Hotfile implementing them with their
23
contract with Lemuria.
24
BY MR. FABRIZIO:
25
Q.
I'm not quite sure I understood your answer.
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MR. THOMPSON:
2
A.
Objection, vague and assumes facts.
I don't think it's a fair assumption to -- to do
3
something, you need to quit your previous job.
4
I informed you previously, I was last employed by
5
host.bg as late as early 2010.
6
BY MR. FABRIZIO:
7
Q.
And as
8
9
Okay.
Who provided the initial capital for the Hotfile
website?
MR. THOMPSON:
Objection, assumes facts.
10
A.
It was a company.
11
Q.
I'm sorry, did you say it was a company?
12
A.
Yes.
13
Q.
What company?
14
A.
The name was Elonex Corp.
15
Q.
Can you spell that, please.
16
A.
E-L-O-N-E-X.
17
Q.
And what is Elonex Corp.?
18
MR. THOMPSON:
19
A.
20
BY MR. FABRIZIO:
21
Q.
22
MR. THOMPSON:
23
A.
24
Objection, vague as to time.
A Panamanian corporation.
A Panamanian corporation.
And what is its business?
Objection, vague as to time.
I don't know about all business activities of Elonex
Corp.
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Q.
2
MR. THOMPSON:
3
A.
4
Who owns Elonex Corp?
Same objection.
To my best knowledge, back in the time, it was owned by
Atanas Vangelov and Rumen Stoyanov.
5
BY MR. FABRIZIO:
6
Q.
7
MR. THOMPSON:
8
A.
9
BY MR. FABRIZIO:
10
Q.
11
Is it currently owned by Messrs. Vangelov and Stoyanov?
Objection, lacks foundation.
I don't really know.
Do you currently have any interest in Elonex
Corporation?
12
MR. THOMPSON:
13
A.
14
BY MR. FABRIZIO:
15
Q.
No?
16
A.
No.
17
Q.
Do you know whether Elonex Corporation today has any
18
Objection, vague.
No.
owners other than Mr. Vangelov and Mr. Stoyanov?
19
A.
No, I don't know.
20
Q.
Did Webzilla provide any initial capital for Hotfile?
21
A.
No, I don't believe so.
22
Q.
Did anyone else other than Elonex provide additional
23
24
capital for Hotfile?
A.
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BY MR. FABRIZIO:
2
Q.
You identified awareness of -- of users of this lawsuit.
3
Do you believe the mere filing of this lawsuit caused
4
Hotfile to lose users?
5
A.
It's not impossible.
6
Q.
But I'm asking what you believe.
7
MR. THOMPSON:
8
9
Objection.
Asked and answered, calls for
speculation.
A.
10
I don't want to talk about quantities, but at least to
some degree, it can happen.
11
BY MR. FABRIZIO:
12
Q.
13
What is it about the filing of this lawsuit that in your
mind would cause users to leave Hotfile?
14
A.
Some invasion in their privacy that they can expect.
15
Q.
What invasion of their privacy?
16
A.
As a result of the discovery process that is ongoing.
17
Q.
Anything else?
18
A.
Nothing that I can think of now.
19
Q.
Okay.
Prior to the filing of this complaint, did
20
Hotfile respond to each and every DMCA notice it
21
received by blocking access to the files identified?
22
MR. THOMPSON:
23
A.
24
Objection, overbroad.
It was general policy of Hotfile to do its best to be
able to respond to each DMCA takedown notice and to
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4
5
6
I, ANTON TITOV, hereby certify that I have read the
foregoing pages of my deposition of testimony taken in these
proceedings on Monday, December 5, 2011, and, with the
exception of the changes listed on the next page and/or
corrections, if any, find them to be a true and accurate
transcription thereof.
8
9
10
Signed:
11
Name:
ANTON ITOV
Date:
1/.42
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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1
HIGHLY CONFIDENTIAL
2
ERRATA
3
Deposition of ANTON TITOV
4
Page/Line No.
5
14:18
Description
Eitinerum --> Itinerum
Reason for change
Correct transcription
6
14:20
EITINERUM --> ITINERUM
Correct transcription
7
14:21
internet --> intranet
Correct transcription
8
14:24
all in shelves --> online shops
Correct transcription
9
15:7
webcasting --> webhosting
Correct transcription
10
15:10
webcasting --> webhosting
Correct transcription
11
18:6
Ilan --> Elan
Correct transcription
12
20:9 Manix: M-A-N-I-X -> Maniax: M-A-N-I-A-X Correct trans.
13
35:16
unimportant --> important
14
35:17
he show choice --> he may choose Clarify record
15
37:6
16
37:8
S T I L L I N G S --> S-T-A-L-L-I-N-G-S Correct trans.
17
38:3
qualification --> collocation
18
39:2
Equinix bandwith --> Equinix, bandwith Clarify record
Stillings --> Stallings
-
-
-
-
-
-
-
Correct transcription
Correct transcription
-
Correct transcription
19
20
Signed:
21
Name:
22
Date:
ANTON TITOV
23
24
25
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1
HIGHLY CONFIDENTIAL
2
ERRATA
3
Deposition of ANTON TITOV
4
Page/Line No.
Description
Reason for change
5
6
44:1
7
46:16
8
46:17
Correct transcription
IT --> IP
with the grade,
--> would degrade
Correct trans.
the traffic flows into there from --> when the traffic
9
flows into their network from
Correct transcription
10
47:3 We can say any old --> We cannot say we want
11
57:23
12
61:15
13
65:24
14
77:11
15
89:6
SA --> Yes
16
89:21
I know what --> I don't know what
17
99:11
Panek --> Penev
Correct transcription
18
109:23
Chubarov --> Chuburov
Correct transcription
costing --> hosting
Correct trans.
Correct transcription
Correct transcription
Konstantin Lucyan --> Constantin Luchian
lemur --> Lima
Correct trans.
Correct transcription
Correct transcription
Correct trans.
19
20
Signed:
21
Name:
22
Date:
ANTON TITOV
23
24
25
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1
2
ERRATA
3
Deposition of ANTON TITOV
Reason for change
Description
Page/Line No.
5
Conform to facts
6
7
111:15
SecPay --> SegPay
Correct transcription
8
119:5
Limewire --> Limelight
Correct transcription
9
119:13
Limewire --> Limelight
Correct transcription
10
126:10
I was there --> I checked
Correct transcription
11
128:17
Correct transcription
12
13
128:18
enforce --> in force
Correct transcription
14
138:8
Ignitov --> Ignatov
Correct transcription
15
138:10
I-G-N-I-T-O-V
I-G-N-A-T-O-V
16
65:24, 66:3, 66:8, 67:4, 68:3,
17
Correct transcription
Lucyan --> Luchian
Correct trans.
68:16, 70:13, 70:19, 70:21,
71:13, 71:18, 72:3, 72:7, 72:9,
18
74:3, 75:10, 75:18, 76:4, 76:5, 76:8
19
72:17
20
Signed:
.Correct transcription
•
21' Name:
22
Lucyan's
Date:
ANTON ITOV
(7.29A2-0(2..
23
24
25
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1
HIGHLY CONFIDENTIAL
CERTIFICATE OF COURT REPORTER
2
3
I, Fiona Farson, with TSG Reporting, hereby certify that the
4 . testimony of the witness Anton Titov in the foregoing
transcript, taken on Monday, December 5, 2011 was reported
5
by me in machine shorthand and was thereafter transcribed by
me; and that the foregoing transcript is a true and accurate
6
verbatim record of the said testimony.
7
I further certify that I am not a relative, employee,
counsel or financially involved with any of the parties to
the within cause, nor am I an employee or relative of any
counsel for the parties, nor am I in any way interested in
the outcome of the within cause.
10
11
12
13
14
Signed:
15
Fiona Farson
16
Dated:
December 15th, 2011
17
18
19
20
21
22
23
24
25
Y.1.4.216
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Page 191
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.,
Plaintiff,
v.
HOTFILE CORP., ANTON
TITOV, and DOES 1-10,
Defendants.
HOTFILE CORP.,
Counterclaimant,
v.
WARNER BROS ENTERTAINMENT
INC.,
Counterdefendant.
- - - - - - - - - - - - - - - - - - - - - - - - VOLUME II
H I G H L Y C O N F I D E N T I A L
(Pursuant to protective order, the following
transcript has been designated highly confidential)
30(b)(6) DEPOSITION OF ANTON TITOV
Radisson Blu Hotel
Sofia, Bulgaria
Tuesday, December 6, 2011
AT: 9:10 a.m.
Job No: 44175
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1
2
3
A P P E A R A N C E S
ATTORNEY FOR THE PLAINTIFFS:
4
JENNER & BLOCK
BY: STEVEN B. FABRIZIO, ESQ.
1099 New York Avenue, NW
5
Washington, DC
20001
6
7
8
9
10
11
ATTORNEY FOR THE DEFENDANTS HOTFILE CORP.,
AND ANTON TITOV:
FARELLA, BRAUN & MARTEL
BY: RODERICK M. THOMPSON, ESQ.
235 Montgomery Street
San Francisco, California 94104
12
13
14
BOSTON LAW GROUP
VALENTIN GURVITS
825 Beacon Street
Newton Center, MA 02459
15
16
17
18
19
20
21
22
23
24
25
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1
Also present:
2
Court reporter:
3
Fiona Farson
TSG Reporting
4
5
6
Videographer:
Simon Rutson
TSG Reporting
7
8
9
Interpreter:
Assist. Prof. Boris Naimushin, Ph.D.
10
11
12
Technical expert:
Kelly Truelove
13
14
15
16
17
18
19
20
21
22
23
24
25
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Page 276
1
A.
2
3
a compatible statement was there since the beginning.
Q.
4
5
A comparable statement?
What do you consider
a comparable statement?
A.
6
7
I don't know for a fact, but it's my belief that
A statement that will carry all -- carry on the same
substance, I guess.
Q.
Right.
Currently, today, in its IP policy page, Hotfile
8
informs users that it has a policy to terminate repeat
9
infringing users, correct?
10
A.
I believe so.
11
Q.
Okay.
12
And when did that IP policy page first appear on
Hotfile?
13
A.
I think approximately May or June 2010.
14
Q.
Okay.
And before May or June of 2010, where did --
15
where on its website did Hotfile inform users of
16
a policy to terminate repeat infringers?
17
A.
In terms of service, I think.
18
MR. FABRIZIO:
Okay.
I'm asking the court reporter to mark
19
as Titov exhibit 31 a printout from Hotfile terms of
20
service.
21
Q.
This is printed from archive.org.
And you will undoubtedly recognize from convention,
22
Mr. Titov, that this reflects an archive.org capture as
23
of February 2010.
24
25
(Titov exhibit 31 marked for identification.)
BY MR. FABRIZIO:
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Page 277
1
Q.
My question to you, sir, is going to be:
Where in those
2
terms of service does Hotfile inform its users of
3
a policy to terminate repeat infringers?
4
MR. FABRIZIO:
For the record, the witness took a pencil and
5
marked on exhibit 31, so the markings on exhibit 31 are
6
the witness's.
7
Q.
8
It's perfectly okay, Mr. Titov; the record just needs to
reflect that.
9
A.
It's a bit slow.
I'm not sure if I...
10
Q.
No problem.
11
A.
Yes.
12
Q.
First of all, do you recognize exhibit 31 as a copy of
Are you ready?
13
the terms of service for Hotfile that were in existence
14
in early 2010?
15
A.
I don't have any reason to believe that it's not true.
16
Q.
Okay.
And where in exhibit 31 do you believe Hotfile
17
informs its users of a policy to terminate repeat
18
infringers?
19
20
21
A.
There is a list of rules on the second page, and one of
the paragraphs reads:
"Loading, accommodation, sending by way of e-mail,
22
transmission or publication by other means of
23
information, which offends the rights of some party on
24
all patents, trademarks, commercial secrets, copyrights
25
or other property rights."
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1
And a list of things -- the things that the user is
2
3
not supposed to do.
Q.
All right.
And where do you believe Hotfile informs its
4
users of a policy to terminate repeat copyright
5
infringers?
6
A.
I believe that after the -- all the rules are listed,
7
there is a language that says "complaints of the persons
8
breaking our rules are accepted here."
9
probably a link.
10
Or -- "here" is
"Each complaint will be considered, and depending on
11
the results, can lead to the deletion of the Client's
12
account without preliminary prevention."
13
Q.
So it's Hotfile's contention that those two provisions
14
in the terms of use inform Hotfile subscribers that
15
Hotfile has a policy of terminating repeat infringers?
16
A.
I believe so.
17
Q.
Okay.
Is there any other place where you believe
18
Hotfile's -- Hotfile informs users of a policy to
19
terminate repeat infringers, other than the terms of
20
use?
21
MR. THOMPSON:
22
BY MR. FABRIZIO:
23
Q.
Vague as to time.
Objection.
In the period of time prior to Hotfile publishing its IP
24
policy on its website in May or June of 2009, is there
25
any other place, other than the terms of service, where
TSG Reporting - Worldwide
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Highly Confidential
1
A.
It's not accurate in the fact that he's suggesting that
2
something automatic is happening, and it may be at his
3
discretion who's monitoring, Porn Guardian or somebody
4
else.
5
BY MR. FABRIZIO:
6
Q.
Do you know whether he was?
7
A.
No, I don't know.
8
MR. FABRIZIO:
9
We've marked as Titov exhibit 34 a document
produced by Hotfile, Bates numbered HF00000048 through
10
315.
11
excerpt of that document that omits the pages between
12
HF49 through HF284.
13
filing of this complaint, and we were focusing on dates
14
prior to the filing of this complaint.
15
The version we have marked as exhibit 34 is an
Those pages reflect dates after the
Mr. Thompson, this is the document I sent you some
16
days ago and asked you if Mr. Titov would read and
17
affirm whether the entries highlighted in yellow
18
represented the only instances, prior to the filing of
19
this complaint, that Hotfile had terminated a user for
20
reasons related to copyright infringement.
21
(Titov exhibit 34 marked for identification.)
22
BY MR. FABRIZIO:
23
Q.
24
Mr. Titov, have you had an opportunity to review what
we've marked as exhibit 34 prior to today?
25
TSG Reporting - Worldwide
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Highly Confidential
1
Q.
And did you look at the yellow entries and consider the
2
question we had posed through your counsel?
3
whether the entries highlighted in yellow represent the
4
only instances prior to the filing of this complaint
5
where Hotfile terminated a user for reasons of copyright
6
infringement?
7
A.
And that is
I spoke with Andrew on this matter, and since at the
8
beginning we didn't have the functionality of suspending
9
the user rather than -- we only had functionality of
10
deleting the user, which would vanish all information
11
about it from the database.
12
some users were terminated by deletion.
13
MR. THOMPSON:
14
He thinks that at least
I'm not sure everyone got the -- "vanished
the information."
15
BY MR. FABRIZIO:
16
Q.
Does Hotfile have any records of any other users being
17
terminated for reasons related to copyright
18
infringement?
19
MR. THOMPSON:
20
A.
Objection, overbroad.
I don't think Hotfile has any records that are not
TSG Reporting - Worldwide
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1
Q.
And immediately prior to the first termination, which is
2
on page 313 and -- well, let me ask you this:
The
3
column headed -- is column C, headed "Date," the date of
4
the termination?
5
A.
Correct.
6
Q.
And column A, headed "User ID," that's the user ID of
7
the user terminated?
8
A.
I believe so.
9
Q.
Okay.
10
And column B, headed "Reason," that's the reason
for the termination?
11
A.
Yes.
12
Q.
Okay.
So looking at page 313, the first Corbin Fisher
13
termination occurred on January 21, 2010.
14
that?
15
A.
Yes, I see that.
16
Q.
Okay.
Do you see
Had Hotfile -- had Hotfile been served with a TRO
17
granted in favor of Liberty Media immediately preceding
18
that termination?
19
MR. THOMPSON:
20
BY MR. FABRIZIO:
21
Q.
22
23
Objection.
Lacks foundation.
And by "TRO," I mean temporary restraining order, issued
by a federal judge.
A.
I know about -- I don't know about the exact timeline,
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1
HIGHLY CONFIDENTIAL
CERTIFICATE OF DEPONENT
2
3
4
5
6
I, ANTON TITOV, hereby certify Lhat I have read the
foregoing pages of my deposition of testimony taken in these
proceedings on Tuesday, December 6, 2011, and, with the
exception of the changes listed on the next page and/or
corrections, if any, find them to be a true and accurate
transcription thereof.
7
8
9
10
Signed:
11
Name:
12
Date:
ANTON TITOV
/I 2_ p7,2( .(„Z
13
14
15
16
17
18
19
20
21
22
23
24
25
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HIGHLY CONFIDENTIAL
1
ERRATA
3
Deposition of ANTON TITOV
Page/Line No.
Description
Reason for change
5
6
225:25
Remind me.
- -> There might be.
Correct transcription
7
234:20
Presentation - -> representation
Correct transcription
8
234:20
cost of the -- > concept of
Correct transcription
9
261:2
As --> That's
Correct transcription
10
273:20
Limewire --> Limelight
Correct transcription
11
279:3
is --> would
Correct transcription
12
293:11
following --> logging
Correct transcription
13
306:5
calls --> holds
Correct transcription
14
306:6
15
321:6
would decide it --> with this ID
Correct transcription
16
333:20
brought --> blocked
Correct transcription
L7
337:7
file --> file ID
Correct transcription
18
Signed:
19
Name:
20
Date:
service at hotfile.com --> to abuse@hotfile.com Correct
ANTON TITOV
21
22
23
24
25
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1
•HIGHLY CONFIDENTIAL
2
ERRATA
3
Deposition of ANTON TITOV
4
Page/Line No.
Description
Reason for change
5
state --> table
Correct transcription
6
361:25
7
368:7 users stay on our uploads --> users cowner upload Correct t [cans
8
9
10
11
12
13
14
15
16
17
18
Signed:
19
Name:
20
Date:
7
ANTON TITOV
il 20/2-9/-2-
21
22
23
24
25
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7
Worldwide
(877) 702-9580
Highly, Confidential
HIGHLY CONFIDENTIAL
CERTIFICATE OF COURT REPORTER
1
2
3
I, Fiona Farson, with TSG Reporting, hereby certify that the
testimony of the witness Anton Titov in the foregoing
4
transcript, taken on Tuesday, December 6, 2011 was reported
5 by me in machine shorthand and was thereafter transcribed by
me; and that.the foregoing transcript is a true and accurate
6
verbatim record of the said testimony.
7
8
9
I further certify that I am not a relative, employee,
counsel or financially involved with any of the parties to
the within cause, nor am I an employee or relative of any
counsel for the parties, nor am I in any way interested in
the outcome of the within cause.
10
11
12
13
14
Signed:
15
Fiona Farson
16
Dated: 12/17/2011
17
18
19
20
21
22
23
24
25
,
.
I
L.4. IL
_AL-
.11141.114 ILi
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C O N F I D E N T I A L
Page 374
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.,
Plaintiff,
v.
HOTFILE CORP., ANTON
TITOV, and DOES 1-10,
Defendants.
HOTFILE CORP.,
Counterclaimant,
v.
WARNER BROS ENTERTAINMENT
INC.,
Counterdefendant.
- - - - - - - - - - - - - - - - - - - - - - - - VOLUME III
H I G H L Y C O N F I D E N T I A L
(Pursuant to protective order, the following
transcript has been designated highly confidential)
30(b)(6) DEPOSITION OF ANTON TITOV
Radisson Blu Hotel
Sofia, Bulgaria
Wednesday, December 7, 2011
AT: 9:09 a.m.
Job # 44429
TSG Reporting - Worldwide
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C O N F I D E N T I A L
Page 375
1
2
3
4
A P P E A R A N C E S
ATTORNEY FOR THE PLAINTIFFS:
JENNER & BLOCK, LLP
BY: STEVEN FABRIZIO, ESQ.
1099 New York Avenue, NW
Washington, DC 20001
5
6
7
8
9
10
ATTORNEY FOR THE DEFENDANTS HOTFILE CORP.,
AND ANTON TITOV:
FARELLA, BRAUN & MARTEL, LLP
BY: RODERICK THOMPSON, ESQ.
235 Montgomery Street
San Francisco, California 94104
11
12
13
BOSTON LAW GROUP
BY: VALENTIN GURVITS
825 Beacon Street
Newton Center, MA 02459
14
15
16
17
18
19
20
21
22
23
24
25
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C O N F I D E N T I A L
Page 376
1
Also present:
2
Court reporter:
3
Fiona Farson
TSG Reporting
4
5
6
Videographer:
Simon Rutson
TSG Reporting
7
8
9
10
Interpreter:
Assist. Prof. Boris Naimushin, Ph.D.
Elena Alexieva
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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C O N F I D E N T I A L
Page 386
1
Q.
Okay.
2
A.
Currently it's only Andre -- Andre Ianakov.
3
Q.
Okay.
And has it always been only Andre Ianakov?
I'm sorry, did you say "no"?
4
5
Is it one particular person's responsibility?
A.
I didn't.
It was Stanislav Manov was helping him, to my
best knowledge --
6
7
Q.
Okay.
8
A.
-- at the time he was working for Hotfile.
9
Q.
So has Mr. Ianakov been -- strike that.
Has reviewing and responding to user communications
10
11
been part of Mr. Ianakov's responsibilities from the
12
launch of Hotfile through to the present?
13
MR. THOMPSON:
Objection, overbroad.
14
A.
15
BY MR. FABRIZIO:
16
Q.
I believe so.
Okay.
And what are Mr. Ianakov's and, while he was
17
doing it, Mr. Manov's responsibilities with regard to
18
user correspondence?
19
MR. THOMPSON:
20
A.
Objection, overbroad.
Generally to address users' problems and to try to help
them.
21
22
BY MR. FABRIZIO:
23
Q.
24
25
Okay.
Did you supervise Mr. Ianakov and/or Mr. Manov,
when he was there, with regard to user communications?
MR. THOMPSON:
Objection, vague.
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1
A.
I won't say it's fair to say that I do supervise them.
2
To the extent that a user may have a technical problem,
3
they may contact me, if they think that it's a problem
4
I can help them with.
5
BY MR. FABRIZIO:
6
Q.
Okay.
Does somebody have a responsibility for
7
supervising Mr. Manov and Ianakov in responding to user
8
communications?
9
10
MR. THOMPSON:
A.
Same objection.
Well, it's not strictly written anywhere or anything
11
else, and my understanding is that, to a certain extent,
12
Rumen Stoyanov is supervising them.
13
BY MR. FABRIZIO:
14
Q.
Well, maybe I should put it this way; while he was there
15
Mr. Manov and throughout the period, Mr. Ianakov, were
16
they empowered by Hotfile to exercise their discretion
17
in answering user correspondence?
18
MR. THOMPSON:
Objection.
Vague and calls for a legal
conclusion.
19
20
A.
21
BY MR. FABRIZIO:
22
Q.
23
MR. THOMPSON:
24
A.
25
I would say to a certain extent.
"To a certain extent"?
What does that mean?
Objection, vague.
Probably there would be problems that they will address
to Rumen or to me, and if they want me to tell them how
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so on Hotfile's behalf?
1
2
A.
I believe so.
3
Q.
So he was acting for Hotfile when he did it?
4
MR. THOMPSON:
5
A.
6
BY MR. FABRIZIO:
7
Q.
Objection, calls for a legal conclusion.
I don't know, he was just filling out a form.
Okay, I'm going to -- switching gears.
Why does the Hotfile website not have a function to
8
allow users to search for files that are hosted on the
9
Hotfile website?
10
11
A.
It was the industry's model back in the time.
12
Q.
What industry's model?
13
A.
Hotfile is a storage facility that users can store their
14
own personal files, and that doesn't go well with search
15
function.
16
Q.
Is there any other reason that Hotfile does not have
a search function on the website?
17
18
MR. THOMPSON:
19
A.
Objection, vague, overbroad.
Except the fact that it's easier not to do something
20
again than to do something and it was the case with
21
Rapidshare that we looked at in the beginning.
I think these are the reasons.
22
23
BY MR. FABRIZIO:
24
Q.
25
MR. THOMPSON:
My question was; is -- is there any other reason?
Objection, asked and answered.
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downloading files from Hotfile, correct?
1
2
A.
without uploading and you can -- yeah.
3
4
That would be one of the activities, you can download
Q.
Well, Hotfile doesn't charge users for uploading, does
it?
5
6
MR. THOMPSON:
7
A.
Objection, vague.
You can upload files without paying, but if you are
8
a paid user, you have certain privileges also in loading
9
and storing information.
10
BY MR. FABRIZIO:
11
Q.
And that is, if you're not a premium user, any files
12
you've uploaded will be deleted after a certain period
13
of time if they have not been downloaded, correct?
14
MR. THOMPSON:
15
A.
Objection, vague as to time.
And also the redundancy of the files of the premium
users is higher.
16
17
BY MR. FABRIZIO:
18
Q.
What does that mean?
19
A.
That means that all the files of premium users, we have
two copies on different servers for them.
20
21
Q.
And for non-premium users, that's not the case?
22
A.
I believe so.
23
Q.
I'm just going to try and clarify, but my question was
24
25
not artful.
Does Hotfile maintain a backup copy on a separate
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1
BY MR. FABRIZIO:
2
Q.
Okay.
And it would not be difficult from a technical
3
matter to have a search function that only would locate
4
files that users have designated for public
5
distribution, correct?
6
MR. THOMPSON:
7
A.
8
BY MR. FABRIZIO:
9
Q.
10
Objection, vague and overbroad.
It's possible, yes.
Okay.
So I ask again, why does Hotfile not have such
a search function on its website?
11
MR. THOMPSON:
Objection, asked and answered.
12
A.
13
BY MR. FABRIZIO:
14
Q.
15
MR. THOMPSON:
16
A.
17
BY MR. FABRIZIO:
18
Q.
It just doesn't.
Well, my question, sir, is; why?
Objection, asked and answered, now twice.
The same reasons I said before.
And before you said that Hotfile was effectively for
19
storage, and I believe now we've established that it's
20
for downloading as well, so, with that new context, I'd
21
like to understand as best you can tell us why Hotfile
22
doesn't have a search function on its website?
23
MR. THOMPSON:
Objection to the preamble as argumentative,
24
misstating testimony.
25
The question has been asked and
answered three times.
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If you have any more -- any more to add, go ahead.
1
2
A.
Well, you are correct that downloading is part of the
3
process, all the Hotfile idea is for the user to choose
4
who would be downloading his files and not to publish
5
them to the whole word.
6
MR. FABRIZIO:
Okay.
We'll leave it there.
I'm going to mark as Titov exhibit 146 a document
7
8
numbered HF34459, marked as 147 is a document numbered
9
HF34686, and as Titov exhibit 148, a document numbered
HF34587.
10
11
(Titov exhibits 146, 147 and 148 marked for identification.)
12
BY MR. FABRIZIO:
13
Q.
Have you had a chance to look at exhibits 146, 147 and
148, Mr. Titov?
14
15
A.
Yes, I did.
16
Q.
Are these further examples of user communications to
Hotfile through the Contact us page?
17
18
MR. THOMPSON:
Objection, vague.
19
A.
20
BY MR. FABRIZIO:
21
Q.
I don't have any reason to believe they're not.
Okay.
And are they true and correct copies of user
22
communications to Hotfile in the February 2001 [sic]
23
timeframe?
24
MR. THOMPSON:
25
A.
Objection, compound.
2011?
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1
A.
Vobile is a company that will provide technology for
2
fingerprinting, taking fingerprints from videos --
3
videos, and they -- then they have service for
4
presenting these fingerprints to them, and they will
5
respond if this video matches any video in their
6
database.
7
BY MR. FABRIZIO:
8
Q.
And when they respond, because a finger -- they have
9
a fingerprint match, do they provide information about
10
the copyright owner and instructions from a copyright
11
owner with regard to a particular file?
12
MR. THOMPSON:
13
A.
Objection, compound and vague.
I know for sure that they provide the copyright owner,
but I'm not sure about the instructions.
14
15
BY MR. FABRIZIO:
16
Q.
Okay.
Well, let me put it this way, if there's a -- if
17
upon submission of a fingerprint to Vobile there's
18
a fingerprint match, Vobile sends information back to
19
you?
20
A.
It's more like we are supposed to connect and to check
21
if the submission is processed, but basically that's the
22
idea.
23
Q.
Okay.
And when Hotfile connects in to check, what
24
information does Vobile make available to Hotfile about
25
the file that it was checking?
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HIGHLY CONFIDENTIAL
CERTIFICATE OF COURT REPORTER
1
2
3
4
5
6
I, Fiona Farson, with TSG Reporting, hereby certify that the
testimony of the witness Anton Titov in the foregoing
transcript, taken on Wednesday, December 7, 2011 was
reported by me in machine shorthand and was thereafter
transcribed by me; and that the foregoing transcript is a
true and accurate verbatim record of the said testimony.
7
8
9
I further certify that I am not a relative, employee,
counsel or financially involved with any of the parties to
the within cause, nor am I an employee or relative of any
counsel for the parties, nor am I in any way interested in
the outcome of the within cause.
10
11
12
13
14
Signed: _____________________
15
Fiona Farson
16
Dated: 12-19-2011
17
18
19
20
21
22
23
24
25
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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.,
Plaintiff,
v.
HOTFILE CORP., ANTON
TITOV, and DOES 1-10,
Defendants.
HOTFILE CORP.,
Counterclaimant,
v.
WARNER BROS ENTERTAINMENT
INC.,
Counterdefendant.
- - - - - - - - - - - - - - - - - - - - - - - - VOLUME IV
H I G H L Y C O N F I D E N T I A L
(Pursuant to protective order, the following
transcript has been designated highly confidential)
Job #44430
30(b)(6) DEPOSITION OF ANTON TITOV
Radisson Blu Hotel
Sofia, Bulgaria
Thursday, December 8, 2011
AT: 9:10 a.m.
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1
2
3
4
A P P E A R A N C E S
ATTORNEY FOR THE PLAINTIFFS:
JENNER & BLOCK
BY: STEVEN FABRIZIO, ESQ.
1099 New York Avenue, NW
Washington, DC 20001
5
6
7
8
9
10
11
ATTORNEY FOR THE DEFENDANTS HOTFILE CORP.,
AND ANTON TITOV:
FARELLA, BRAUN & MARTEL
BY: RODERICK THOMPSON, ESQ.
235 Montgomery Street
San Francisco, CA 94104
12
13
14
BOSTON LAW GROUP
By: VALENTIN GURVITS, ESQ.
825 Beacon Street
Newton Center, MA 02459
15
16
17
18
19
20
21
22
23
24
25
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1
Also present:
2
Court reporter:
3
Fiona Farson
TSG Reporting
4
5
6
Videographer:
Simon Rutson
TSG Reporting
7
8
9
Interpreter:
Assist. Prof. Boris Naimushin, Ph.D.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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C O N F I D E N T I A L
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C O N F I D E N T I A L
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Page 651
1
the uploader affiliate has sold or the ratio, or some
2
ratio of sales?
3
MR. THOMPSON:
4
A.
Objection, vague as to "it."
I believe it is based on the total sum of sales that the
5
affiliate converted, and I believe that the formula also
6
includes some estimates for Hotfile expenses for
7
bandwidth on this user.
8
BY MR. FABRIZIO:
9
Q.
"User" meaning the uploader affiliate?
10
A.
Yeah.
11
Q.
Focusing just for a second on the first part of the
12
equation, just to make sure we understand it, you said
13
the total sum of sales that the affiliate converted, so
14
the total number of users who converted to premium --
15
well, from the downloader page of a file that was
16
uploaded by one of those affiliates, correct?
17
A.
I actually meant that the money value also matters.
18
(Reporter clarification.)
19
20
The money value.
Q.
21
The money value?
Oh, what -- what level of premium
service that downloader purchases, okay.
22
A.
Correct.
23
Q.
Let me just ask by way of illustration to confirm
24
25
something.
Assuming the downloader purchased -- two
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1
downloaders -- I'm sorry.
Assuming every downloader
2
purchases the same level of premium, so I don't -- so we
3
don't have the -- that variable to confuse things, if
4
one uploader affiliate had one file up and it was
5
downloaded a thousand times and one person converted,
6
and another uploader affiliate only had -- had one file
7
up, but only one person downloaded it, but that person
8
converted, both -- in both cases there was one converted
9
premium user, and there was only one file uploaded, but
10
in one case that file had been downloaded a thousand
11
times in order to get the one conversion and, in the
12
second case, the first download resulted in
13
a conversion -- do you understand the distinction I'm
14
drawing?
15
A.
Yes, I do.
16
Q.
When you're -- when considering the part of the equation
17
that is the total sum of sales that the affiliate
18
converted, are those two uploader affiliates the same,
19
considered to be equivalent?
20
MR. THOMPSON:
21
A.
Objection, compound, vague and ambiguous.
Are you asking if they will yield the same rank or where
22
one is --
23
BY MR. FABRIZIO:
24
Q.
25
I'm saying both of them have one converter, and does
that mean that the total sum of sales that each of them
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Page 653
1
2
converted is one?
A.
3
Again, I think in the -- it's monetary value, so it will
be nine.
4
(Reporter clarification.)
5
The monetary value, dollars, so I think it will be
6
7
$9 if they purchased -Q.
Okay.
So the total sum -- the total monetary sum of
8
sales that each affiliate converted, okay, I was
9
thinking "sum" as being number of downloads, all right.
10
So if the up -- if the downloading users both
11
converted to premium at the $9 rate, in both instances
12
the uploading affiliate would -- would have a total
13
number of sales converted of $9, okay?
14
A.
Correct.
15
Q.
And that's not affected by the ratio of the number of
16
17
downloads it took to get that conversion?
A.
As I said, it is a formula, and what -- the monetary
18
value is part of the formula, so, yes, the ratio is
19
an issue.
20
Q.
Let me -- let me try to simplify it; if you look at
21
exhibit 165, at the top on the right-hand side there is
22
the heading "Ranks" --
23
MR. THOMPSON:
Excuse me.
24
BY MR. FABRIZIO:
25
Q.
-- and towards the bottom of that paragraph there's two
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1
numbered paragraphs, and one says -- and then they
2
are -- they're talking about -- well, it says:
3
"Your status mainly depends on your conversion ratio
4
which includes:
5
1.
The ratio of the users that downloaded your
6
files and the users that become premium based on your
7
uploaded files."
8
Do you see that?
9
A.
Yes, I do see that.
10
Q.
What does that mean?
11
MR. THOMPSON:
12
13
Objection, vague and ambiguous.
The document
speaks for itself.
A.
As I tried to explain before, the formula actually works
14
like a money equation; you have income and you have
15
expenses, you divide them, and you get a number, and,
16
based on this number, a rank will be assigned.
17
BY MR. FABRIZIO:
18
Q.
What I'm trying to figure out is how the income and
19
expenses description you're giving me relates to the
20
description in exhibit 165.
21
A.
22
23
24
25
And given the fact that one of the expenses is
bandwidth, so it counts here.
Q.
Okay.
And on exhibit 165 -- 165, number 2 says:
"The ratio of uploaded files to [the] number of
downloaded files," that's the part that accounts for
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1
expenses?
2
A.
Yes.
3
Q.
Okay.
And if I understand that, a user that has
4
uploaded one file downloaded 10,000 times is going to
5
have a higher rank than a user that uploaded 10,000
6
files each downloaded once, correct?
7
MR. THOMPSON:
8
9
10
Objection, vague and ambiguous and incomplete
hypothetical.
BY MR. FABRIZIO:
Q.
11
I should actually -- that actually is right because
other factors may affect the rank.
12
It is better for a user's rank to have uploaded one
13
file, downloaded 10,000 times, than to have uploaded
14
10,000 files, each downloaded once, correct?
15
MR. THOMPSON:
16
A.
17
Same objection.
Given the fact that if you assume the same file size for
it, then you are correct.
18
BY MR. FABRIZIO:
19
Q.
Okay.
20
A.
That is the formula our affiliate program is using.
21
Q.
I understand that.
And why is that?
Why does your affiliate program use
22
a formula that rewards users more for uploading a fewer
23
number of files that are downloaded very frequently than
24
for uploading a large number of files that are
25
downloaded only infrequently?
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1
from the downloading patterns of users from countries
2
that are not on the list of 54?
3
MR. THOMPSON:
4
A.
5
BY MR. FABRIZIO:
6
Q.
7
Same objection.
I can't think of anything.
Have the list of 54 -- well, have the same 54 countries
been on this list since the beginning of Hotfile?
8
A.
No, I don't think so.
9
Q.
So the list has changed over time?
10
A.
Yes, I think so.
11
Q.
How has the list changed?
12
A.
I think that countries has been added -- added.
13
Q.
Which countries have been added?
14
A.
I don't know the full history of the list.
15
Q.
Okay.
16
Can you describe for us how the site operator's
affiliate program operates?
17
MR. THOMPSON:
18
answered.
19
A.
20
Objection, overbroad, also asked and
It is a program where site owners would get commission
of the sales, the users referred to by their website.
21
BY MR. FABRIZIO:
22
Q.
23
And they get 5 per cent of the sale price for every user
they refer that converts to a premium account?
24
A.
I think it could be 5 or more per cent.
25
Q.
Under what circumstances would it be more than 5 per
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Page 706
1
correct?
2
MR. THOMPSON:
3
A.
4
BY MR. FABRIZIO:
5
Q.
6
Objection, vague, overbroad.
That is probably possible.
And is Hotfile purposely avoiding exploring what its
users are downloading?
7
MR. THOMPSON:
8
A.
9
BY MR. FABRIZIO:
10
Q.
Objection, vague and ambiguous, overbroad.
I don't believe so.
Do you believe that Hotfile's revenues would go down if
11
Hotfile were to eliminate all infringement on its
12
system?
13
MR. THOMPSON:
14
Objection, calls for a legal conclusion,
hypothetical, and opinion testimony.
15
A.
I don't know.
16
BY MR. FABRIZIO:
17
Q.
You don't know?
18
other?
19
MR. THOMPSON:
20
A.
21
BY MR. FABRIZIO:
22
Q.
You don't have a belief one way or the
Objection, asked and answered.
I don't know.
Is there any doubt in your mind that at least some
23
portion of Hotfile's profits are a result of copyright
24
infringement?
25
MR. THOMPSON:
Objection, calls for a legal conclusion and
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Page 710
1
A.
2
I believe there are two factors involved, one being if
the upload is anonymous or not.
3
Q.
One being if the uploader was anonymous?
4
A.
If the file was anonymously uploaded.
5
Q.
Okay.
6
A.
And the second factor would be whether the file was ever
7
8
downloaded at all.
Q.
9
Okay.
So is it the case that if the file was uploaded
anonymously and had never been downloaded before, the
10
period of time is 14 days?
11
A.
That is my belief.
12
Q.
And if the file was uploaded by a registered but
13
non-premium user and the file had been downloaded at
14
some point, then the period becomes 90 days?
15
A.
16
17
Yes, that is my belief, that it will be 90 days from the
last download.
Q.
Okay.
And is it possible -- is it possible that the
18
period of time could be something between 14 and 90
19
days, or is it one or the other?
20
A.
It is possible.
21
Q.
And is it based on the same considerations, just
22
different combinations of them?
23
A.
Correct.
24
Q.
Okay.
25
Why does Hotfile delete the files of non-premium
users when they haven't been downloaded for a period of
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Page 711
1
time?
2
A.
I believe that is to free disk space.
3
Q.
But if Hotfile is supposed to be at least in part
4
a storage service, isn't it contrary to the notion of
5
storage that Hotfile deletes files that have been stored
6
on it?
7
MR. THOMPSON:
8
A.
9
Objection, argumentative, and assumes facts.
I think it was implemented based on the model of other
websites.
10
(Reporter clarification.)
11
12
Model of other websites.
BY MR. FABRIZIO:
13
16
Q.
Has Hotfile ever given consideration to, instead of
17
deleting those files, simply charging those users to
18
store them?
19
MR. THOMPSON:
20
A.
Objection, overbroad and vague.
If user buy a premium account, these files will be in
21
fact stored.
22
BY MR. FABRIZIO:
23
Q.
Switching topics again -- I'm getting towards the end,
24
so I'm trying to cover some things I missed along the
25
way, that's why there will be a lot of shifting.
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CONFIDENTIAL
Page 729
1
CERTIFICATE OF DEPONENT
2
3
4
5
6
I, ANTON TITOV, hereby certify that I have read the
foregoing pages of my deposition of testimony taken in these
proceedings on Thursday, December 8, 2011, and, with the
exception of the changes listed on the next page and/or
corrections, if ,any, find them to be a true and accurate
transcription thereof.
7
8
9
10
Signed:
11
Name:
.ANTON TITOV
Date:
1/ /l ° 1/ 2_
g
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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CONFIDENTIAL
Page 731
1
NAME OF CASE: Disney Enterprises Inc. v. Hotfile Corp.
2
DATE OF DEPOSITION: 12-8-2011
3
NAME OF WITNESS: ANTON TITOV
4
Reason Codes:
5
1.
To clarify the record.
6
2.
To conform to the facts.
7
3.
To correct transcription errors.
8
Page
581
9
From
make it to the
10
Page
581
11
From
12
Page
582
13
From
cannot exist
14
Page
Line
Line
8
9
to
3
make it to
Reason
3
to
log, the
Line
Reason
17
log the
Reason
to
16
Page
Reason
17
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force on
18
Page
586
19
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or
20
Page 586
21
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can notice if
Reason
15
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20
accounts hacking,
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3
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1
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to limitation
to
16
Reason
3
force hacking on
3
to
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servers of
17
Reason
to
of
3
service
22
23
24
ANTON TITOV
25
TSG Reporting - Worldwide
HIGHLY
CONFIDENTIAL
Page 731
1
NAME OF CASE:
2
DATE OF DEPOSITION:
3
NAME OF WITNESS: ANTON TITOV
4
Reason Codes:
5
1.
To clarify the record.
6
2.
To conform to the facts.
7
3.
To correct transcription errors.
587
Disney Enterprises Inc. v. Hotfile Corp.
12-8-2011
8
Page
9
From
10
Page
587
11
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stage
12
Page
13
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14
Page
592
15
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it
16
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597
17
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18
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19
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Lucyan
20
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612
21
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3
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589
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it's correct
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25
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it isn't a correct
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3
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to
two shareholders
3
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3
Luchian
22
23
24
ANTON TITOV
25
TSG Reporting - Worldwide
A
HIGHLY
CONFIDENTIAL
Page 731
1
NAME OF CASE: Disney Enterprises Inc. v. Hotfile Corp.
2
DATE OF DEPOSITION: 12-8-2011
3
NAME OF WITNESS: ANTON TITOV
4
Reason Codes:
5
1.
To clarify the record.
6
2.
To conform to the facts.
7
3.
To correct transcription errors.
8
Page
612
9
From
Lucyan
10
Page
11
From
12
Page
616
'13
From
FABRIZIO
14
Page
616
15
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16
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17
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18
Page 620
19
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20
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and if there is still other
and the answer is still no, and
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him
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Lemuria ever paid
3
any
22
23
24
ANTON TITOV
25
TSG Reporting - Worldwide
HIGHLY
CONFIDENTIAL
Page 731
1
NAME OF CASE: Disney Enterprises Inc. v. Hotfile Corp.
2
DATE OF DEPOSITION: 12-8-2011
3
NAME OF WITNESS: ANTON TITOV
4
Reason Codes:
5
1.
6
2. To conform to the facts.
7
3. To correct transcription errors.
To clarify the record.
8
Page 626
9
From
financial election
10
Page
632
11
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a port tool
12
Page
649
13
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paid to the
14
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675
15
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16
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675
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18
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20
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22
23
24
ANTON TITOV
25
TSG Reporting - Worldwide
t
HIGHLY
CONFIDENTIAL
Page 731
Inc. v. Hotfile Corp.
1
NAME OF CASE: Disney Enterprises
2
DATE OF DEPOSITION:
3
NAME OF WITNESS: ANTON TITOV
4
Reason Codes:
5
1.
To clarify the record.
6
2.
To conform to the facts.
7
3.
To correct transcription errors.
8
Page
9
12-8-2011
From
723
Line
10
From
12
Page
13
From
Lucyan
14
Page
612
15
From
Lucyan
16
Page, Line
17
From
Lucyan
18
Page
812
19
From
Lucyan
20
Page
612
21
From
22
23
24
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Line
- Lucyan
22
3
Hotfile
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3
to
8
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to
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Reason
is
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posted
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our court file
611
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726:25-727:1
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// ---,.'_--'<'
/
ANTON TT/ V
25
TSG Reporting - Worldwide
HIGHLY
1
CONFIDENTIAL
HIGHLY CONFIDENTIAL
CERTIFICATE OF COURT REPORTER
2
3
4
5
6
I, Fiona Farson, with TSG Reporting, hereby certify that the
testimony of the witness Anton Titov in the foregoing
transcript, taken on Thursday, December 8, 2011 was reported
by me in machine shorthand and was thereafter transcribed by
me; and that the foregoing transcript is a true and accurate
verbatim record of the said testimony.
I further certify that I am not a relative, employee,
counsel or financially involved with any of the parties to
the within cause, nor am I an employee or relative of any
counsel for the parties, nor am I in any way interested in
the outcome of the within cause.
10
11
12
13
14
Signed:
15
Fiona Farson
16
Dated: 12-20-2011
17
18
19
20
21
22
23
24
25
TSG Reporting - Worldwide
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