Disney Enterprises, Inc. et al v. Hotfile Corp. et al
Filing
400
RESPONSE in Opposition re 318 MOTION for Partial Summary Judgment PUBLICLY FILED VERSION >PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT HOTFILE CORPORATION'S MOTION FOR PARTIL SUMMARY JUDGMENT BASED ON DIGITAL MILLENIUM COPYRIGHT ACT (AND ATTACHED DECLARATION OF JENNIFER V. YEH IN OPPOSITION TO HOTFILE CORP.'S MPSJ AND TITOV'S MSJ) (PUBLIC REDACTED VERSION) filed by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc.. (Attachments: # 1 Exhibit Exhibits 125-129 to Declaration of Jennifer Yeh, # 2 Exhibit Exhibits 130-134 to Declaration of Jennifer Yeh, # 3 Exhibit Exhibits 135-139 to Declaration of Jennifer Yeh, # 4 Exhibit 140 to J. Yeh Declaration, # 5 Exhibit 141 to J. Yeh Declaration, # 6 Exhibit 142 to J. Yeh Declaration, # 7 Exhibit 143 to J. Yeh Declaration, # 8 Exhibit 144 to J. Yeh Declaration, # 9 Exhibit 145 to J. Yeh Declaration, # 10 Exhibit 146 to J. Yeh Declaration, # 11 Exhibit 147 to J. Yeh Declaration, # 12 Exhibit 148 to J. Yeh Declaration, # 13 Exhibit 149 to J. Yeh Declaration, # 14 Exhibit 150 to J. Yeh Declaration)(Stetson, Karen)
<![CDATA[
Yeh Exhibit 125
1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
2
CASE NO. 11-20427-WILLIAMS-TURNOFF
3
4
DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
5
CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,
6
COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.
7
ENTERTAINMENT INC.,
8
9
10
Plaintiffs,
vs.
HOTFILE CORP., ANTON TITOV,
and DOES 1-10,
11
Defendants.
12
________________________
AND RELATED CROSS-ACTION.
13
________________________________________________________
14
15
HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
16
VIDEOTAPED DEPOSITION OF BETSY ZEDEK, ESQUIRE
17
PURSUANT TO FEDERAL RULE 30(b)(6)
18
Los Angeles, California
19
Tuesday, December 13, 2011
20
21
Reported by:
CHERYL R. KAMALSKI
22
CSR No. 7113
23
Job No. 179149
24
25
Page 1
Sarnoff, A VERITEXT COMPANY
877-955-3855
1
UNITED STATES DISTRICT COURT
2
SOUTHERN DISTRICT OF FLORIDA
3
4
CASE NO. 11-20427-WILLIAMS-TURNOFF
DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
5
CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,
6
COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.
7
ENTERTAINMENT INC.,
8
9
10
Plaintiffs,
vs.
HOTFILE CORP., ANTON TITOV,
and DOES 1-10,
11
Defendants.
12
_________________________
AND RELATED CROSS-ACTION.
13
______________________________________________________
14
HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
15
16
Videotaped Deposition of BETSY ZEDEK, ESQUIRE,
17
pursuant to Federal Rule 30(b)(6), taken on behalf of
18
Defendants and Counterclaimant, at 633 West Fifth
19
Street, Suite 3600, Los Angeles, California, beginning
20
at 9:37 a.m. and ending at 5:27 p.m. on Tuesday,
21
December 13, 2011, before CHERYL R. KAMALSKI, Certified
22
Shorthand Reporter No. 7113.
23
24
25
Page 2
Sarnoff, A VERITEXT COMPANY
877-955-3855
1
2
3
4
5
6
APPEARANCES:
For Plaintiffs:
JENNER & BLOCK LLP
BY:
DUANE POZZA
Attorney at Law
1099 New York Avenue, NW, Suite 900
Washington, D.C. 20001-4412
202.639.6000
7
For Defendants and Counterclaimant:
8
9
10
11
12
13
14
15
FARELLA BRAUN + MARTEL LLP
BY:
JANEL THAMKUL
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Also Present:
ELIZABETH VALENTINA
Videographer:
CHRIS JORDAN
SARNOFF, a Veritext Company
16
17
18
19
20
21
22
23
24
25
Page 3
Sarnoff, A VERITEXT COMPANY
877-955-3855
1
2
3
4
5
6
Q
Does Fox have a special rightsholder account
with Hotfile?
A
I do not believe that Fox holds one directly as
in internally at Fox.
Q
Did Fox ever ask for a special rightsholder
account from Hotfile?
7
MR. POZZA:
8
THE WITNESS:
9
we did.
Objection; ambiguous.
I'm not sure.
I'm not aware that
But it may have happened in the context of this
10
litigation.
11
BY MS. THAMKUL:
12
13
Q
Do you know if any of Fox's vendors use
Hotfile's special rightsholder account?
14
A
I am aware that some of them have used it, yes.
15
Q
Which ones?
Page 77
Sarnoff, A VERITEXT COMPANY
877-955-3855
1
2
I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby certify:
3
That the foregoing proceedings were taken
4
before me at the time and place herein set forth; that
5
any witnesses in the foregoing proceedings, prior to
6
testifying, were duly sworn; that a record of the
7
proceedings was made by me using machine shorthand
8
which was thereafter transcribed under my direction;
9
that the foregoing transcript is a true record of the
10
testimony given.
11
Further, that if the foregoing pertains to
12
the original transcript of a deposition in a Federal
13
Case, before completion of the proceedings, review of
14
the transcript [ ] was [ ] was not requested
15
I further certify I am neither financially
16
interested in the action nor a relative or employee
17
of any attorney or any party to this action.
18
19
IN WITNESS WHEREOF, I have this date subscribed
my name.
20
21
Dated: 12/22/2011
22
23
_________________________________
CHERYL R. KAMALSKI
24
CSR No. 7113
25
Page 222
Sarnoff, A VERITEXT COMPANY
877-955-3855
Yeh Exhibit 126
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
MICHAEL BENTKOVER
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
1
UNITED STATES DISTRICT COURT
2
12/13/2011
SOUTHERN DISTRICT OF FLORIDA
3
4
7
DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.
ENTERTAINMENT INC.,
8
Plaintiffs,
5
6
9
10
vs.
CASE NO.
11-20427-WILLIAMS-TURNOFF
HOTFILE CORP., ANTON TITOV,
and DOES 1-10,
11
12
13
Defendants.
_________________________
AND RELATED CROSS-ACTION.
_______________________________________________________
14
15
HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
16
Videotaped deposition of MICHAEL BENTKOVER,
17
taken on behalf of Defendants and Counterclaimant
18
at 633 West Fifth Street, Suite 3600, Los Angeles,
19
California, beginning at 9:38 A.M. and ending at
20
12:17 P.M. on Tuesday, December 13, 2011, before
21
LORI SCINTA, RPR, Certified Shorthand Reporter No.
22
4811.
23
24
25
2
MICHAEL BENTKOVER
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
1
12/13/2011
APPEARANCES:
2
3
For Plaintiffs:
4
5
6
7
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: sfabrizio@jenner.com
8
9
For Defendants and Counterclaimant:
10
11
12
13
14
FARELLA BRAUN + MARTEL LLP
BY: EVAN M. ENGSTROM
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Email: eengstrom@fbm.com
15
16
Videographer:
17
18
19
20
VONYARN MASON
SARNOFF COURT REPORTERS
20 Corporate Park, Suite 350
Irvine, California 92606
877.955.3855
21
22
23
24
25
3
MICHAEL BENTKOVER
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/13/2011
09:54
1
09:54
2
to read it?
09:54
3
or ask him whether --
09:54
4
09:54
5
09:54
6
THE WITNESS:
09:54
7
to follow-up and find out if Hotfile
09:54
8
is ready for Warner Bros. to use a
09:54
9
rapid takedown tool which you have
09:54
10
09:54
11
09:54
12
takedown notices (including thousands
09:55
13
of infringing links) and we appreciate
09:55
14
how fast you've been removing files,
09:55
15
but unfortunately the files are
09:55
16
reposted immediately and having a
09:55
17
takedown tool would be ideal in order
09:55
18
to curb piracy."
09:55
19
09:55
20
09:55
21
09:55
22
A
No.
09:55
23
Q
You don't agree with the statement that you
09:55
24
09:55
25
MR. FABRIZIO:
You're literally just asking him
You're not asking him to agree with it
MR. ENGSTROM:
Just in the record.
I want to
get it read into the record.
"Dear Hotfile, I wanted
been working on establishing.
"We have been sending many
BY MR. ENGSTROM:
Q
Did you appreciate how -- do you agree with it?
You appreciated how fast Hotfile was removing files?
made?
MR. FABRIZIO:
Objection.
26
MICHAEL BENTKOVER
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/13/2011
09:55
1
09:55
2
09:55
3
09:55
4
09:55
5
A
I was simply being courteous.
09:55
6
Q
Okay.
09:55
7
instance that you can -- that you're aware of indicate
09:55
8
to Hotfile that they were fast in responding to files
09:55
9
and that you were satisfied with it?
09:55
10
MR. FABRIZIO:
09:55
11
THE WITNESS:
09:55
12
Please repeat it.
09:55
13
BY MR. ENGSTROM:
09:55
14
09:56
15
this instance tell Hotfile that you were appreciative of
09:56
16
how fast they had been removing files when in reality
09:56
17
you believed they were not removing files quickly?
09:56
18
09:56
19
09:56
20
09:56
21
few emails to them.
09:56
22
being polite and courteous.
09:56
23
BY MR. ENGSTROM:
09:56
24
09:56
25
THE WITNESS:
No.
BY MR. ENGSTROM:
Q
Why did you tell Hotfile that you appreciated
how fast they had been removing files?
Q
Did Hotfile -- did you ever in any other
Objection.
Lacks foundation.
I don't remember the question.
Did you in any other circumstances other than
MR. FABRIZIO:
Objection.
Lacks foundation and
compound.
THE WITNESS:
Q
Okay.
Yes, I believe I wrote that in a
It was a standard response.
I was
Do you believe that Hotfile had any
reason to believe that you were dissatisfied with the
27
MICHAEL BENTKOVER
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/13/2011
10:04
1
10:04
2
again for the removal tool and increasing our limit to
10:04
3
1000 per day" and "for Warner Bros.' Removals."
10:04
4
10:04
5
10:04
6
MR. ENGSTROM:
10:04
7
"I just wanted to thank you again for the
10:04
8
removal tool and increasing our limit to 1000 per day
10:04
9
for Warner Bros.' Removals."
10:04
10
10:04
11
MR. FABRIZIO:
10:04
12
calls for speculation.
10:04
13
10:04
14
10:04
15
Q
Were you satisfied with the SRA tool?
10:04
16
A
No.
10:04
17
Q
Why were you not satisfied with the SRA tool?
10:04
18
A
The nature of piracy causes people to upload
10:05
19
and reupload after they're being deleted, and it still
10:05
20
wasn't enough.
10:05
21
Q
It wasn't enough to what?
10:05
22
A
Curb piracy on Hotfile.
10:05
23
Q
Okay.
10:05
24
10:05
25
MR. ENGSTROM:
MR. FABRIZIO:
"I just wanted to thank you
Objection.
I'm not quite sure
you read that right.
Q
I can try again.
Was Warner Bros. satisfied with the SRA tool?
THE WITNESS:
Objection.
Lacks foundation,
No.
BY MR. ENGSTROM:
Did you ever communicate to Hotfile that
the SRA was insufficient to curb piracy on Hotfile?
MR. FABRIZIO:
Lacks foundation.
36
MICHAEL BENTKOVER
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/13/2011
10:06
1
A
Did I appreciate the tool?
10:06
2
Q
Yes.
10:06
3
A
Yes, I did.
10:06
4
Q
Why did you appreciate the tool?
10:06
5
A
Because I needed a way to take the files down
10:06
6
10:06
7
10:06
8
10:06
9
10:06
10
10:06
11
10:06
12
10:06
13
10:06
14
10:06
15
MR. FABRIZIO:
10:06
16
THE WITNESS:
10:06
17
just to take the files down.
10:06
18
else to stop the problem.
10:06
19
BY MR. ENGSTROM:
10:06
20
10:06
21
10:06
22
MR. FABRIZIO:
10:06
23
THE WITNESS:
10:06
24
10:06
25
as fast as possible.
Q
Do you believe that Hotfile was cooperating
with you in combating piracy on the site?
A
No, I do not.
MR. FABRIZIO:
Objection.
Vague.
BY MR. ENGSTROM:
Q
You do not?
Why do you not believe they were cooperating
with you to combat piracy on the site?
Q
Same objection.
The piracy problem was not enough
Hotfile was doing nothing
Did you ever ask Hotfile to do anything else to
stop the problem?
Objection.
Lacks foundation.
No, I did not.
BY MR. ENGSTROM:
Q
You did not.
38
MICHAEL BENTKOVER
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/13/2011
1
2
3
4
I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby certify:
That the foregoing proceedings were taken
5
before me at the time and place herein set forth; that
6
any witnesses in the foregoing proceedings, prior to
7
testifying, were duly sworn; that a record of the
8
proceedings was made by me using machine shorthand
9
which was thereafter transcribed under my direction;
10
that the foregoing transcript is a true record of the
11
testimony given.
12
Further, that if the foregoing pertains to
13
the original transcript of a deposition in a Federal
14
Case, before completion of the proceedings, review of
15
the transcript [ x ] was [ ] was not requested.
16
I further certify I am neither financially
17
interested in the action nor a relative or employee
18
of any attorney or party to this action.
19
20
IN WITNESS WHEREOF, I have this date
subscribed my name.
21
22
Dated: 12-15-11
23
24
25
________________________________
LORI SCINTA, RPR
CSR No. 4811
112
Yeh Exhibit 127
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.
_______________________________________________________
CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
VIDEOTAPED DEPOSITION OF DAVID P. KAPLAN, ESQUIRE
PURSUANT TO FEDERAL RULE 30(b)(6)
Los Angeles, California
Tuesday, December 13, 2011
Volume 1
Reported by:
LORI SCINTA, RPR
CSR No. 4811
Job No. 177476B
DAVID P. KAPLAN, ESQ.
CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
1
UNITED STATES DISTRICT COURT
2
12/13/2011
SOUTHERN DISTRICT OF FLORIDA
3
4
7
DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.
ENTERTAINMENT INC.,
8
Plaintiffs,
5
6
9
10
vs.
CASE NO.
11-20427-WILLIAMS-TURNOFF
HOTFILE CORP., ANTON TITOV,
and DOES 1-10,
11
12
13
Defendants.
_________________________
AND RELATED CROSS-ACTION.
_______________________________________________________
14
15
16
CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
Videotaped deposition of DAVID P. KAPLAN,
17
ESQUIRE, Volume 1, pursuant to Federal Rule 30(b)(6),
18
taken on behalf of Defendants and Counterclaimant,
19
at 633 West Fifth Street, Los Angeles, California,
20
beginning at 2:18 P.M. and ending at 4:58 P.M. on
21
Tuesday, December 13, 2011, before LORI SCINTA, RPR,
22
Certified Shorthand Reporter No. 4811.
23
24
25
2
DAVID P. KAPLAN, ESQ.
CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
1
12/13/2011
APPEARANCES:
2
3
For Plaintiffs:
4
5
6
7
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: sfabrizio@jenner.com
8
9
For Defendants and Counterclaimant:
10
11
12
13
14
FARELLA BRAUN + MARTEL LLP
BY: EVAN M. ENGSTROM
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Email: eengstrom@fbm.com
15
16
Videographer:
17
18
19
20
VONYARN MASON
SARNOFF COURT REPORTERS
20 Corporate Park, Suite 350
Irvine, California 92606
877.955.3855
21
22
23
24
25
3
DAVID P. KAPLAN, ESQ.
CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/13/2011
02:41
1
02:41
2
02:41
3
I'm sure you have all those documents.
02:41
4
THE WITNESS:
02:41
5
documents one by one and see, but I do recall that there
02:41
6
were some discussion in -- in the requesting additional
02:41
7
capacity for the takedown tool that the problem of
02:41
8
infringement on Hotfile was becoming so overwhelming
02:41
9
that the SRA tool as had been originally provided, you
02:42
10
know, was ineffective.
02:42
11
MR. ENGSTROM:
02:42
12
02:42
13
(WB Exhibit 24 was marked for
02:43
14
identification by the court reporter.)
02:43
15
02:43
16
Q
Do you recognize this document?
02:43
17
A
I do.
02:43
18
Q
Okay.
02:43
19
02:43
20
A
I don't.
02:43
21
Q
Okay.
02:43
22
02:43
23
"I just wanted to thank you again for
02:43
24
The removal tool and increasing our
02:43
25
limit to" a thousand "per day for
MR. FABRIZIO:
Objection.
Compound, overbroad
and calls for speculation.
Yeah.
I'd have to look at those
Let me mark as Exhibit 24 an
email that describes perhaps what you're talking about.
BY MR. ENGSTROM:
Do you have any reason to believe it's
not an authentic document?
Michael Bentkover in this email dated
September 3rd, 2009, writes to Hotfile and says,
23
DAVID P. KAPLAN, ESQ.
CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/13/2011
02:43
1
Warner Bros."
02:43
2
He then goes on to ask, "Can you
02:43
3
increase our limit to 2,000 just to be
02:43
4
on the safe side which will ensure we
02:43
5
don't have to email you for your
02:43
6
prompt action?"
02:43
7
Is he referring to this request to increase
02:43
8
02:44
9
02:44
10
02:44
11
THE WITNESS:
02:44
12
what's contained in the email.
02:44
13
02:44
14
that we were bumping up against the limit as originally
02:44
15
established for the SRA tool and the overflow was then
02:44
16
having to go through the old email way of communicating
02:44
17
through the abuse account.
02:44
18
02:44
19
coming up that fall, he was asking if the SRA tool could
02:44
20
have the limit increased to account for that.
02:44
21
02:44
22
Hotfile.
02:44
23
BY MR. ENGSTROM:
02:44
24
02:44
25
files that you referred to a minute ago?
MR. FABRIZIO:
Objection.
Calls for
speculation.
I'm not sure exactly other than
The -- and reading that, my understanding was
And so because we had a number of big titles
We expected that there would be more piracy on
Q
Did Hotfile ever refuse to or fail to increase
the quota of files that could be deleted through the SRA
24
DAVID P. KAPLAN, ESQ.
CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/13/2011
1
2
3
4
I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby certify:
That the foregoing proceedings were taken
5
before me at the time and place herein set forth; that
6
any witnesses in the foregoing proceedings, prior to
7
testifying, were duly sworn; that a record of the
8
proceedings was made by me using machine shorthand
9
which was thereafter transcribed under my direction;
10
that the foregoing transcript is a true record of the
11
testimony given.
12
Further, that if the foregoing pertains to
13
the original transcript of a deposition in a Federal
14
Case, before completion of the proceedings, review of
15
the transcript [ x ] was [ ] was not requested.
16
I further certify I am neither financially
17
interested in the action nor a relative or employee
18
of any attorney or party to this action.
19
20
IN WITNESS WHEREOF, I have this date
subscribed my name.
21
22
Dated: 12-15-11
23
24
25
________________________________
LORI SCINTA, RPR
CSR No. 4811
106
Yeh Exhibit 128
Highly Confidential
Page 1
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3
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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.
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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
TSG Reporting - Worldwide
800-702-9580
Highly Confidential
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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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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:
Court reporter:
Fiona Farson
TSG Reporting
Videographer:
Simon Rutson
TSG Reporting
Interpreter:
Assist. Prof. Boris Naimushin, Ph.D.
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reports or anything like that to need -- things to keep
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the corporation alive.
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activities.
But I am not aware of any other
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Q.
Okay.
Does Lemuria have a physical office?
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A.
Yes, it does.
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Q.
And where is that?
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A.
In Fort Lauderdale, Florida.
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Q.
What is the address?
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A.
110 East Broward Boulevard, suite number 1736.
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Q.
1736?
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A.
1736, correct.
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Q.
And you said "Broward"; is that B-R-O-W-A-R-D?
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A.
Yes, I believe so.
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Q.
Okay.
And is that address an office, or is that
a mailbox service?
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A.
It is an office.
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Q.
Okay.
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A.
Yes, I did.
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Q.
Does anybody currently work out of that office?
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A.
Currently not.
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Q.
Can you repeat your answer?
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A.
Currently not.
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Q.
Has anyone ever worked out of that office?
Have you ever visited that office?
TSG Reporting - Worldwide
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Highly Confidential
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MR. THOMPSON:
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A.
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Objection, vague.
"Ever" is a big time.
So I visited the office;
I performed some work inside it.
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BY MR. FABRIZIO:
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Q.
So as for me, yes.
Okay, let me ask it this way:
Other than you
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periodically visiting the office, has anyone ever worked
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from Lemuria's office on 110 East Broward Boulevard?
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A.
I don't actually know.
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Q.
You don't know, or no?
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A.
I don't know, but I don't believe anybody worked, except
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me, from this office for Hotfile.
Q.
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Approximately how many days have you spent working out
of that office?
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A.
I don't know.
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Q.
More than ten?
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MR. THOMPSON:
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A.
Objection.
Calls for speculation.
It could be ten, but it's kind of hard decision.
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HIGHLY CONFIDENTIAL
CERTIFICATE OF COURT REPORTER
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I, Fiona Farson, with TSG Reporting, hereby certify that the
testimony of the witness Anton Titov in the foregoing
transcript, taken on Monday, December 5, 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.
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Signed:
........................
Fiona Farson
Dated:
December 15th, 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.,
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
TSG Reporting - Worldwide
(877) 702-9580
Highly Confidential
Page 192
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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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ATTORNEY FOR THE DEFENDANTS HOTFILE CORP.,
AND ANTON TITOV:
FARELLA, BRAUN & MARTEL
BY: RODERICK M. THOMPSON, ESQ.
235 Montgomery Street
San Francisco, California 94104
BOSTON LAW GROUP
VALENTIN GURVITS
825 Beacon Street
Newton Center, MA 02459
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TSG Reporting - Worldwide
(877) 702-9580
Highly Confidential
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Also present:
Court reporter:
Fiona Farson
TSG Reporting
Videographer:
Simon Rutson
TSG Reporting
Interpreter:
Assist. Prof. Boris Naimushin, Ph.D.
Technical expert:
Kelly Truelove
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Q.
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In what ways has Hotfile attempted to cooperate with
Warner and the other studios?
A.
By responding expeditiously to takedown notices,
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providing SRA tool to Warner and Dtecnet, who is agent
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for -- I believe other studios; I'm not sure.
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(Reporter clarification.)
A.
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It's an agent for other studios.
There might be others,
but that's what I can think of.
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BY MR. FABRIZIO:
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Q.
Well, can you think of any other way in which Hotfile
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attempted to cooperate with Warner and the other
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studios?
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A.
I don't know.
That's what I can think of now.
TSG Reporting - Worldwide
(877) 702-9580
REDACTED
Yeh Exhibit 129
REDACTED
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