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)

Yeh Exhibit 130

HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY
1

UNITED STATES DISTRICT COURT

2

SOUTHERN DISTRICT OF FLORIDA

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.

No. 11-20427-WILLIAMS-TURNOFF

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

11
12
13

Defendants.
________________________________________________________

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15

PORTIONS OF THIS TRANSCRIPT ARE CONFIDENTIAL

16

DEPOSITION OF YANGBIN WANG

17

Palo Alto, California

18

Thursday, December 22, 2011

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21

REPORTED BY:
LYNNE LEDANOIS

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CSR No. 6811
Job No. CA128631

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PAGES 105 - 113 ARE HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY
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Sarnoff, A VERITEXT COMPANY
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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF FLORIDA

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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.

No. 11-20427-WILLIAMS-TURNOFF

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

11
12
13

Defendants.
_________________________________________________________

14
15

Deposition of YANGBIN WANG, taken on behalf of

16

Defendant, at 2475 Hanover Street, Palo Alto,

17

California, beginning at 9:43 a.m. and ending at 12:21

18

p.m. on Thursday, December 22, 2011, before LYNNE

19

LEDANOIS, CSR 6811.

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APPEARANCE OF COUNSEL:
For Plaintiffs:
JENNER & BLOCK LLP
BY: LUKE C. PLATZER
Attorney at Law
1099 New York Avenue, NW, Suite 900
Washington, DC 20001
202.639.6000
[e-mail]
For Defendants Hotfile and Anton Titov:
FARELLA BRAUN & MARTEL LLP
BY: ANDREW LEIBNITZ
Attorney at Law
Russ Building, 235 Montgomery Street
San Francisco, California 94104
415.954.4400
[e-mail]
For Witness:
PILLSBURY WINTHROP SHAW PITTMAN LLP
BY: JOSEPH R. TIFFANY II
Attorney at Law
2475 Hanover Street
Palo Alto, California 94304-1114
650.233.4500
[e-mail]
VIDEOGRAPHER:
SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES
BY: MARTY MAJDOUB

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Sarnoff, A VERITEXT COMPANY
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Q

Okay.

So would it be fair to say that Vobile

09:55:49

2

provides software to the plaintiff studios which enables

09:55:53

3

them to provide fingerprints back to Vobile?

09:55:58

4

A

Yes.

5

Q

And maybe you can describe for me what you mean

6

And we provide that to everybody.

09:56:01

by everybody.

09:56:05
09:56:07

7

A

Content owners.

09:56:09

8

Q

Worldwide?

09:56:12

9

A

Yes.

09:56:13

10

Q

Do you discriminate by industry?

09:56:14

11

A

No.

09:56:17

12

Q

How many content owners provide fingerprints to

09:56:23

13

Vobile?

09:56:26

14

A

I have to count, but probably dozens.

09:56:28

15

Q

Including all of the plaintiffs in this case?

09:56:32

16

A

Yes.

09:56:36

17

Q

How long did it take to develop MediaWise?

09:56:40

18

A

Years, you know, we started since 2005.

09:56:45

And

19

the core technology identification has been in

09:56:52

20

development since day one.

09:56:54

21

account, it's now, what, six years -- six, seven

09:56:59

22

years -- six years, yes.

09:57:03

So if you take that into

23

Q

Has it continued to improve since 2005?

09:57:05

24

A

Yes.

09:57:11

25

I mean, we -- the technology, I think

first shipment may be 2007, you know.

I mean, we have

09:57:14
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Sarnoff, A VERITEXT COMPANY
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to go back and check the record.

2

2007 -- 2006 or 2007, roughly that time frame.

3

certainly are continuing development of lots of new

09:57:31

4

applications.

09:57:34

5
6

Q

My recollection is
And we

Has the database upon which MediaWise relies

improved in any fashion in that time period?

09:57:21
09:57:24

09:57:39
09:57:48

7

MR. TIFFANY:

Objection to the form.

09:57:51

8

THE WITNESS:

You know, database continue to

09:57:55

9
10
11
12
13
14
15
16

increase, if that's what you mean.

09:57:57

BY MR. LEIBNITZ:

09:57:58

Q

continued since 2007 to increase in the number of works?
A

19

Definitely.

Whenever there is a new movie come

out, that will add to the database.
Q

How many -- you mentioned it took years for

MediaWise to be developed.

17
18

So the database upon which MediaWise relies

How many engineers were involved in the
development effort, if you can estimate?

09:58:03
09:58:08
09:58:11
09:58:17
09:58:19
09:58:21
09:58:23

You know, it's maybe -- to answer that, I mean,

09:58:30

20

there is no direct contact I can go to really check, but

09:58:35

21

I would say, you know, we have had those 50 or 100

09:58:41

22

engineers, I mean, probably hundreds of man years it's

09:58:45

23

fair to say.

09:58:50

24
25

A

09:57:59

But, again, the technology -- on the line,
technology of MediaWise is really VDDB and the querying,

09:58:50
09:58:52
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and those are shared by many of our products.

So it's

09:58:58

2

hard to pull out, you know, exactly how many people we

09:59:06

3

spent on MediaWise, that single product.

09:59:09

4

Q

Does vCloud9 also depend upon VDDB?

09:59:14

5

A

Same, yes.

09:59:20

6

Q

You had mentioned -- I think your words were

09:59:21

7

hundreds of --

09:59:23

8

A

Many years.

09:59:25

9

Q

Okay.

09:59:26

10
11

Many years of hundreds of engineer time?

Is that fair?
A

09:59:31

Well, we'll basically say, you know -- let's

09:59:32

12

say there's 100 engineers work on this for a year,

09:59:34

13

that's 100-man year.

09:59:37

14

this for one year, then in our engineering management

09:59:46

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term, we call it 100-man year.

09:59:49

16

Q

Man years.

17

A

Yes, yes.

18

two years.

19

Q

Let's say 100 engineer work on

Okay.

I see.
So it could be 50 engineers work for

09:59:53
09:59:53
09:59:55

So do you have an estimate as you sit

09:59:56

20

here today of how many engineering man years were

09:59:59

21

involved in the development of MediaWise?

10:00:02

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MR. TIFFANY:

Objection to the form.

10:00:06

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THE WITNESS:

As I said, you know, to single

10:00:08

24

out MediaWise is difficult, because we all have this

10:00:11

25

shared, you know, foundation of the technology that

10:00:15
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not testify under oath the time at which Hotfile became

10:40:59

2

aware of vCloud9, whether before or after September

10:41:09

3

26th?

10:41:13

4
5
6
7

A

I cannot know for sure, but my -- you know, I

cannot know for sure, but that's really to Mike, but...
Q

Why did -- so you say that you review every

press release issued by Vobile.

Is that true?

10:41:16
10:41:20
10:41:26
10:41:31

8

A

Yes.

10:41:34

9

Q

Do you review them for accuracy, to make sure

10:41:34

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11

that the content they deliver is true?
A

10:41:37

Generally, they -- the process they need to

10:41:40

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submit to -- because they put quote there, you know, and

10:41:44

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they need to submit for my approval.

10:41:46

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And most time, you know, I give them approval,

10:41:49

15

unless there is a timing pressure that this goes out

10:41:53

16

before my review.

10:41:57

That happens sometime.

17

Q

Did that happen here, to your knowledge?

10:42:00

18

A

I think this is a normal process.

10:42:02

19
20
21

I probably

reviewed, yes.
Q

10:42:05

Do you see the second paragraph beginning with

the words "copyrighted content contained"?

10:42:13
10:42:15

22

A

Yes.

10:42:19

23

Q

Why did Vobile state, Copyrighted content

10:42:22

24

contained within Cloud-based cyberlockers is very

10:42:27

25

difficult to find?

10:42:31
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A

I do review every press release, but I don't

10:42:36

challenge every word the marketing person put in there.

10:42:41

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Q

You don't think that's inaccurate though --

10:42:45

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A

I don't think it's inaccurate.

10:42:47

5

difficult in general.

6

Q

I mean, it's

It's all difficult.

10:42:50

Why is that?

10:42:51

7

MR. PLATZER:

Objection, lacks foundation.

10:42:57

8

THE WITNESS:

It's -- you know, if it's an easy

10:42:59

9
10

problem, then there is no need for Vobile's service.

10:43:02

BY MR. LEIBNITZ:

10:43:08

11

Q

And how is it that you know that -- counsel

12

just made an objection.

13

10:43:13

have a basis to give me your answer.

14

I want to make sure that you

10:43:19
10:43:21

So how is it that you know that copyrighted

10:43:24

15

content in Cloud-based cyberlockers is difficult to

10:43:29

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find?

10:43:32

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A

It's because, as I said, our theory is this is

18

difficult, so people need our service, they pay us.

19

it's such a simple job, the customers won't come to us

10:43:40

20

for help and won't pay us for services.

10:43:44

21

Q

If

10:43:33
10:43:37

10:43:49

Is it fair to say that Hotfile is a

22

Is -- the word "cyberlocker" is used here.

10:43:53

23

cyberlocker?

10:43:55

24

A

Yes.

10:43:56

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Q

The next sentence says, On cyberlockers, the

10:43:58
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vast majority of unauthorized content, such as

10:44:01

2

copyrighted movies or T.V. shows, is saved as compressed

10:44:05

3

files to allow easier file downloading.

10:44:09

4

that?

Do you see

10:44:13

5

A

Yes.

10:44:13

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Q

Is that accurate, to your knowledge?

10:44:14

7

A

Yes.

10:44:15

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Q

The sentence goes on to say, However, file

10:44:16

9

compression, quote, hides, unquote, the true content,

10

which until now has made it impossible to identify.

11

10:44:19
Do

you see that?

10:44:24
10:44:29

12

A

Yes.

10:44:29

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Q

Do you agree with that?

10:44:30

14

MR. PLATZER:

Objection to form.

10:44:33

15

THE WITNESS:

I -- yes, I agree with that.

10:44:36

16

This is the -- you know, from a marketing

10:44:41

17

standpoint view, that's why we designed this product, to

10:44:45

18

having this capability of examining compressed file, and

10:44:48

19

that's including the vCloud9.

10:44:51

20

BY MR. LEIBNITZ:

10:44:53

21
22
23
24
25

Q

So vCloud9 examines compressed files, whereas

preexisting technology like MediaWise did not?
A

Yes.

10:44:54
10:45:00
10:45:04

MR. PLATZER:

Objection to the form.

BY MR. LEIBNITZ:

10:45:05
10:45:08
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A

Yes.

I trust my people.

10:48:45

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Q

It's not the case, is it, Mr. Wang, that the

10:48:54

3

arrival of vCloud9 rendered ineffectual MediaWise in

10:48:56

4

combating copyright infringement, is it?

10:48:59

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A

It's not.

I mean, MediaWise was designed

10:49:05

6

primarily for UGC streaming sites, and vCloud9 is

10:49:08

7

designed primarily for storage based.

10:49:13

8

like you have SUV, doesn't render the other car just

10:49:17

9

not -- ineffective.

10:49:21

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11
12
13
14
15

So it's almost

They're just designed for different

purpose.
Q

10:49:24
And as of the spring or summer of this year,

vCloud9 didn't exist; right?
A

In the summer as a product, we have announced

vCloud9.
Q

10:49:25
10:49:31
10:49:37
10:49:41

So prior to the release of vCloud9 on or about

10:49:43

16

September 26th, 2011, there was no better option for a

10:49:48

17

cyberlocker like MediaWise -- like Hotfile than the

10:49:55

18

MediaWise product; right?

10:49:59

19

MR. PLATZER:

Objection to the form.

10:50:02

20

THE WITNESS:

From our product offering point

10:50:03

21

of view, that's true.

10:50:06

22

BY MR. LEIBNITZ:

10:50:07

23

Q

Since your product is the best, wouldn't it be

10:50:07

24

fair to say that prior to September 26th, 2011, there

10:50:10

25

was no better option for a cyberlocker like Hotfile than

10:50:13
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give you the numbers, specific you asked for.

2

general reference, I -- we are -- our system are

11:45:27

3

checking about 70 million hours of video in a year.

11:45:34

4

That's the current rate we have, and that's increasing.

11:45:38

5
6

Q

But as a

And out of all those queries, Vobile is not

aware of any false positives?

11:45:24

11:45:48
11:45:50

7

A

True.

No false positives.

11:45:56

8

Q

And just to make sure I'm understanding your

11:45:59

9

testimony earlier correctly, there have been cases where

11:46:00

10

false positives have been alleged, but those have turned

11:46:04

11

out to not be false positives after all?

11:46:08

12

A

Yes.

11:46:11

13

Q

Earlier you were asked some questions about the

11:46:23

14

vCloud9 service.

11:46:27

15

A

Yes.

11:46:30

16

Q

Can you explain for me -- and you don't need to

11:46:33

17

go into too much detail -- exactly how vCloud9 is able

11:46:35

18

to extract fingerprints from compressed files?

11:46:41

19

A

We basically integrate it together.

We do

11:46:48

20

decompress or, you know, extract files from archived

11:46:51

21

files, and then run in parallel, you know, generate the

11:46:55

22

fingerprint.

11:46:59

23

Q

11:47:01

24
25

And is the same answer true with respect to

archived files?
A

11:47:03

Yes.

11:47:05
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Q

So forgive me, I'm not an engineer, but it's a
There is an unarchiving or

11:47:07

2

two-step process?

3

decompressing component and then there is a

11:47:16

4

fingerprinting component?

11:47:18

5

MR. LEIBNITZ:

6

THE WITNESS:

Object to form.

11:47:12

11:47:20

Yes, but it's -- integrated

11:47:21

7

together, there's an open efficiency by doing that

11:47:22

8

together.

11:47:26

9

BY MR. PLATZER:

11:47:31

10

Q

So instead of trying to extract the

11:47:37

11

fingerprints directly from an archived or compressed

11:47:39

12

file, you are decompressing or unarchiving the file and

11:47:43

13

extracting a fingerprint from the unarchived and/or

11:47:47

14

decompressed copy?

11:47:51

15

MR. LEIBNITZ:

16

THE WITNESS:

Object to form.
Yes, and that's the process you

11:47:52
11:47:53

17

have to go through from an engineering point of view.

11:47:55

18

BY MR. PLATZER:

11:47:59

19

Q

And is the reason you have to go through that

11:48:05

20

process, that video DNA requires media files to be in

11:48:07

21

certain CODEC in order to extract a fingerprint?

11:48:11

22

MR. LEIBNITZ:

23

THE WITNESS:

Object to form.
It's, you know, just by the

11:48:14
11:48:16

24

nature of this design, DNA is extracting from media

11:48:17

25

files.

11:48:23

So you got to, you know, have a media file in

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order to extract DNA; otherwise, there is no DNA.

2

11:48:26

So ZIP file or RAR file, they are just a way to

3

package the stuff.

4

the package and then starting generate DNA.

5

just a process you can't avoid.

11:48:44

6

BY MR. PLATZER:

11:48:45

7

Q

So you have to take the stuff out of

11:48:32

So that's

Can video DNA extract a fingerprint from a

11:48:36
11:48:40

11:48:55

8

media file that had previously been compressed but is

11:49:01

9

not compressed at the time that video DNA is applied to

11:49:06

extract the fingerprint?

11:49:09

10
11

MR. LEIBNITZ:

12

THE WITNESS:

Object to form.

11:49:12

I don't know whether I understand

11:49:13

13

the question.

11:49:15

14

BY MR. PLATZER:

11:49:16

15
16

Q

It was poorly worded.

Let me try again.

11:49:17

You testified earlier that video DNA requires a

11:49:33

17

media file to be decompressed in order to extract a

11:49:37

18

fingerprint?

11:49:43

19

MR. LEIBNITZ:

20

THE WITNESS:

Object to form.
Yes, that's just a process.

11:49:44
You

11:49:47

21

know, I mean, just like we have to decode the file in

11:49:49

22

order to generate DNA, because all the media file,

11:49:53

23

popular form today, is a video compression technology.

11:49:58

24

So these files are all compressed, the video files,

11:50:02

25

using different formats.

11:50:04

And we basically go decompress

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the file and then generate DNA.

11:50:08

2

BY MR. PLATZER:

11:50:09

3

Q

I want to give you a hypothetical here.

11:50:26

4

A

Okay.

11:50:28

5

Q

Okay.

I want you to assume that video DNA is

11:50:28

6

being applied to a media file that is not compressed or

11:50:33

7

archived.

11:50:38

8

A

M-hm.

11:50:39

9

Q

I also want you to assume that that file had

11:50:40

10

previously been compressed or archived.

11:50:45

11

A

M-hm.

11:50:47

12

Q

Does the fact that the file had previously been

11:50:48

13

compressed or archived but is not compressed or archived

11:50:51

14

at the time video DNA is applied, does the fact of that

11:50:56

15

previous compression or archiving make video DNA any

11:51:00

16

less able to extract a fingerprint?

11:51:05

17

MR. LEIBNITZ:

18

THE WITNESS:

19
20

Object to form.
No.

BY MR. PLATZER:
Q

11:51:08
11:51:09
11:51:12

So the two-step process that vCloud9 performs

11:51:13

21

could also be performed in two steps rather than as part

11:51:18

22

of an integrated program?

11:51:22

23

A

Yes.

11:51:24

24

MR. LEIBNITZ:

25

THE WITNESS:

Object to form.
Yes.

11:51:24
11:51:26
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BY MR. PLATZER:
Q

11:51:30

To your knowledge, do any of Vobile's customers

11:51:30

3

apply a two-step process rather than using the

11:51:33

4

integrated software provided by vCloud9?

11:51:37

5

MR. LEIBNITZ:

6

THE WITNESS:

Object to form.
Again, we have no knowledge for

11:51:42
11:51:43

7

sure, because what we see is the API, and what customer

11:51:44

8

does before that, it's not to our knowledge.

11:51:49

9

BY MR. PLATZER:

11:51:52

10

Q

But in your understanding of Vobile's

11:51:52

11

technology, there is no technical reason that a customer

11:51:54

12

could not decompress or unarchive a file and then apply

11:52:00

13

video DNA?

11:52:04

14

MR. LEIBNITZ:

15

THE WITNESS:

16
17

Object to form.
True.

Agreed.

BY MR. PLATZER:
Q

Wang Exhibit 2.

19

earlier.

20

paragraph.

21

11:52:07
11:52:11

I would like to direct your attention back to

18

11:52:06

That was the press release we discussed

I would like to direct you back to the second

11:52:12
11:52:13
11:52:20
11:52:31

At the end -- the second paragraph -- sorry,

11:52:34

22

the second sentence of the second paragraph says, On

11:52:38

23

cyberlockers, the vast majority of unauthorized content,

11:52:41

24

such as copyrighted movies or T.V. shows, is saved as

11:52:46

25

compressed files to allow easier downloading; however,

11:52:49
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Sarnoff, A VERITEXT COMPANY
877-955-3855

HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY
1

file compression hides true content, which until now has

11:52:51

2

made it impossible to identify.

11:52:54

3

A

M-hm.

4

Q

We discussed the sentence earlier.

5

11:52:56
I just want

to make sure I sort of understand the --

11:52:57
11:53:00

6

A

Yes.

11:53:02

7

Q

-- what this sentence is saying.

11:53:02

When it says that the compression makes it

11:53:10

8
9

impossible to identify the content, is that a reference

11:53:12

10

to if one were to apply video DNA directly to the

11:53:15

11

compressed file?

11:53:20

12

MR. LEIBNITZ:

13

THE WITNESS:

14

And then the other thing is that, as I said,

11:53:26

15

this is from a Spiral Group marketing department, and

11:53:29

16

please don't take this as our engineering spec,

11:53:36

17

documentation, so this is not.

11:53:39

18

BY MR. PLATZER:

11:53:40

19
20

Q

Object to form.
Yes.

There is no simple way.

From an engineering perspective, it's not

really impossible, is it?

21

MR. LEIBNITZ:

22

THE WITNESS:

23

it.

24

Object to form.
As we discussed, yeah, we can do

BY MR. PLATZER:

25

Just a little bit clumsy, you know, two steps, yes.

Q

11:53:21
11:53:23

11:53:41
11:53:44
11:53:45
11:53:46
11:53:47
11:53:51

So the benefit of vCloud9 is, it takes a

11:53:52
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Sarnoff, A VERITEXT COMPANY
877-955-3855

HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY
1

two-step process and it integrates it and makes it more

11:53:55

2

efficient?

11:53:59

3

MR. LEIBNITZ:

4

THE WITNESS:

Object to form.

11:54:00

Yes, more efficient

11:54:01

5

operating-wise, you know, easier for customer to do it.

11:54:02

6

BY MR. PLATZER:

11:54:04

7

Q

You were asked earlier whether there are

11:54:26

8

cyberlockers other than Hotfile who use vCloud9.

9

don't need you to name any, because I understand that's

11:54:34

confidential.

11:54:37

10
11
12

I

But are there cyberlockers other than Hotfile
who use MediaWise?

11:54:28

11:54:37
11:54:40

13

A

Yes.

11:54:42

14

Q

Can you approximate for me how many?

11:54:42

15

A

A handful of them.

11:54:45

16

Q

Are you capable, sitting here today, of

11:55:09

17

comparing in terms of the number of queries whether

11:55:14

18

other cyberlockers who use MediaWise submit more

11:55:19

19

queries, about the same number of queries, or fewer

11:55:27

20

queries than Hotfile?

11:55:30

21
22
23

A

I certainly don't, you know, remember those

technical stuff.

11:55:32

I have to ask my technical staff.

11:55:36

But just purely from a, you know, business

11:55:40

24

point of view, I certainly remember, you know, because

11:55:43

25

that relates to how much they pay us for the service.

11:55:46
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Sarnoff, A VERITEXT COMPANY
877-955-3855

HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY
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 which

8

was thereafter transcribed under my direction; that the

9

foregoing transcript is a true record of the testimony

10

given.

11

Further, that if the foregoing pertains to the

12

original transcript of a deposition in a Federal Case,

13

before completion of the proceedings, review of the

14

transcript [ ] was [ ] was not requested.

15

I further certify I am neither financially

16

interested in the action nor a relative or employee of

17

any attorney or party to this action.

18
19

IN WITNESS WHEREOF, I have this date subscribed
my name.

20
21

Dated: January 12, 2012

22
23

_____________________________
LYNNE MARIE LEDANOIS

24

CSR No. 6811

25
Page 115
Sarnoff, A VERITEXT COMPANY
877-955-3855

Yeh Exhibit 131

Crowe, Allison S.
From:
Sent:
To:
Cc:
Subject:

[e-mail]
Saturday, December 31, 2011 5:46 PM
Fabrizio, Steven B
[e-mail]
RE: Disney Enterprises, Inc., et al. vs. Hotfile Corp., et al.

Steve, there should be no issue about not attempting to serve the Hotfile representatives
attending the mediation. Here are the details you requested: The
beneficial owners of
Hotfile Corp. (Messrs, Titov,
) are flying to Los Angeles for the
purpose of attending the court-ordered mediation. They have booked flights, arriving on
January 6th and leaving on January 11th. (They will adjust to the 10 hour time difference
and prepare for the mediation over the weekend of the 7th and 8th and will participate in the
mediation on the 9th and if necessary the 10th.)
I am aware of no other business
and this short visit is not a vacation.
Please confirm by no later than 5 p.m. PST Tuesday the 3rd that the Plaintiffs, the MPAA and
their agents will not attempt to serve Messrs, Titov,
with any type
of legal process or papers while they are in the Los Angeles area January 6-11, 2012. We
must insist on the short deadline to allow us time, if necessary, to file an emergency motion
with the Court in Miami for an order prohibiting the Plaintiffs from serving the Hotfile
representatives and other appropriate relief, including an award of fees and costs.
Needless to say, we would prefer not to have to file such a motion. To that end, I suggest
that Sandra (who is copied) might please check with Judge Infante to see if he could make
time for a short call with us sometime on Tuesday to attempt to mediate any remaining dispute
on the issue if the Studios are unable to agree to this request as phrased above--thanks
Sandra.
Also, Steve, please let us know who will be attending the mediation for each of the
Plaintiffs.
Rod
-----Original Message----From: Fabrizio, Steven B [mailto:[e-mail]]
Sent: Friday, December 30, 2011 11:58 AM
To: Thompson, Rod (27) x4445
Subject: Re: Disney Enterprises, Inc., et al. vs. Hotfile Corp., et al.
I will not be able to do that until next week (the studios are closed).
I will also need more information for that. When are they arriving and departing the US, and
what other business will they be attending to while in the US. I can agree, without more,
that we won't attempt to serve them on January 9th, at any time. But, I cannot agree (or
even make a recommendation to the studios) without knowing more. I have no doubt that we can
ultimately (after I have information and client
approval) agree to a zone related to the mediation during which we will not attempt to serve
them with anything. If they are flying to LA for the mediation and promptly flying out, then
we'll undoubtedly have no issue, subject to approval of my clients. If they are planning to
stay in the US for 5 days to handle other business or vacation, then I would not think my
clients would have any reason to agree to a "no service"
zone for their entire stay, even if my clients in fact have no plans to bring any other legal
proceedings right now.
1

SBF
From: "Roderick M. Thompson"
<[e-mail]<mailto:[e-mail]>>
Date: Fri, 30 Dec 2011 12:39:30 -0600
To: Steven Fabrizio <[e-mail]<mailto:[e-mail]>>,
"[e-mail]<mailto:[e-mail]>"
<[e-mail]<mailto:[e-mail]>>
Subject: RE: Disney Enterprises, Inc., et al. vs. Hotfile Corp., et al.
Steve, I'm sure that you will understand that we need a little more certainty.
Please check with your clients if necessary and confirm that there will be no attempt to
serve the Hotfile representatives during their short visit to Los Angeles for purpose of
attending the court-ordered mediation. Thanks and Happy New Year.
Rod

________________________________
Steven B. Fabrizio
Jenner & Block LLP
1099 New York Avenue, N.W.
Suite 900
Washington, DC 20001-4412
Tel [phone]
Fax [phone]
[e-mail]
www.jenner.com<http://www.jenner.com/>

CONFIDENTIALITY WARNING: This email may contain privileged or confidential information and is
for the sole use of the intended recipient(s). Any unauthorized use or disclosure of this
communication is prohibited. If you believe that you have received this email in error,
please notify the sender immediately and delete it from your system.

________________________________
-----Original Message----From: Fabrizio, Steven B [mailto:[e-mail]]
Sent: Thursday, December 29, 2011 4:57 PM
To: Thompson, Rod (27) x4445;
[e-mail]<mailto:[e-mail]>
Subject: Re: Disney Enterprises, Inc., et al. vs. Hotfile Corp., et al.
I did - my apologies (I was reading from newest to oldest).
I don't recall making any previous commitment on Messrs, Titov,
. That
said, I can certainly agree that plaintiffs will not attempt to serve any of the
Hotfile shareholders during the mediation or during reasonable periods before and after to
allow ingress and egress. I can also tell you that I have not heard anything from my clients
that would even suggest they have any intention of serving any of them with any kind of legal
process. My only hesitancy in agreeing to more than I have here is that (i) I do not know
the travel plans for Messrs., Titov,
including, for instance, how long
they intend to stay in the US, and (ii) I have not conferred with my clients and would not
2

feel authorized to agree to more. But, hopefully, this should give you and them comfort that
they will not be prejudiced by attending the mediation.
SBF
From: "Roderick M. Thompson"
<[e-mail]<mailto:[e-mail]><mailto:[e-mail]>>
Date: Thu, 29 Dec 2011 18:40:41 -0600
To: Steven Fabrizio
<[e-mail]<mailto:[e-mail]><mailto:sfabrizio@jenn
er.com>>,
"[e-mail]<mailto:[e-mail]><mailto:[e-mail]>"
<[e-mail]<mailto:[e-mail]><mailto:[e-mail]>>
Subject: RE: Disney Enterprises, Inc., et al. vs. Hotfile Corp., et al.
Steve, apparently you sent this message before reading mine on the same subject.
clear, yes,

To be

As a formality, can you please confirm your previous commitment that your clients will not
attempt to serve any of Messrs, Titov,
with legal process of any kind
while they are in the U.S. for the mediation? Thanks.

________________________________
Steven B. Fabrizio
Jenner & Block LLP
1099 New York Avenue, N.W.
Suite 900
Washington, DC 20001-4412
Tel [phone]
Fax [phone]
[e-mail]<mailto:[e-mail]>
www.jenner.com<http://www.jenner.com/>

CONFIDENTIALITY WARNING: This email may contain privileged or confidential information and is
for the sole use of the intended recipient(s). Any unauthorized use or disclosure of this
communication is prohibited. If you believe that you have received this email in error,
please notify the sender immediately and delete it from your system.

________________________________
-----Original Message----From: Fabrizio, Steven B [mailto:[e-mail]]
Sent: Thursday, December 29, 2011 4:06 PM
To: Thompson, Rod (27) x4445;
[e-mail]<mailto:[e-mail]><mailto:[e-mail]>
Subject: Re: Disney Enterprises, Inc., et al. vs. Hotfile Corp., et al.
Thank you for the additional time for mediation statements. Plaintiffs wish to submit their
statement to Judge Infante confidentially, so it is not shared with defendants. We assume
that is acceptable, but would appreciate your confirmation.
Also, I assume Rod sent the Local Rules to remind plaintiffs that, generally, each studio
plaintiffs must have a corporate representative present. I do not foresee that as an issue.
3

I am expecting that each of the five studio plaintiffs will send a corporate representative,
and that representatives of MPAA and Jenner also will attend.
May I inquire as to who will be attending for Hotfile? Are Messrs.
going to be attending? At the recent depositions,
Since
any settlement may require their personal commitments, plaintiffs believe they should attend.
SBF
From: "Roderick M. Thompson"
<[e-mail]<mailto:[e-mail]><mailto:[e-mail]><m
ailto:[e-mail]>>
Date: Thu, 29 Dec 2011 12:01:21 -0600
To:
"[e-mail]<mailto:[e-mail]><mailto:[e-mail]><m
ailto:[e-mail]>"
<[e-mail]<mailto:[e-mail]><mailto:[e-mail]><m
ailto:[e-mail]>>
Cc: Steven Fabrizio
<[e-mail]<mailto:[e-mail]><mailto:sfabrizio@jenn
er.com><mailto:sfabrizio@jenn
er.com>>
Subject: Disney Enterprises, Inc., et al. vs. Hotfile Corp., et al.
Sandra, this confirms that the parties may submit their mediation statements to Judge Infante
by next Wednesday January 4th (instead of the 2nd as stated in the attached Notice.)
As we discussed this is a court-ordered mediation, and I enclose for Judge Infante's
convenience both the local rule and several court orders related to this mediation.
Thanks very much and Happy New Year.
Rod
Roderick M. Thompson
Attorney at Law
______________________________
Farella Braun + Martel LLP
RUSS BUILDING
235 MONTGOMERY STREET
SAN FRANCISCO / CA 94104
______________________________
T 415.954.4400
D 415.954.4445
F 415.954.4480
www.fbm.com<http://www.fbm.com>

________________________________
Steven B. Fabrizio
Jenner & Block LLP
4

1099 New York Avenue, N.W.
Suite 900
Washington, DC 20001-4412
Tel [phone]
Fax [phone]
[e-mail]<mailto:[e-mail]><mailto:SFabrizio@jenne
r.com>
www.jenner.com<http://www.jenner.com/>

CONFIDENTIALITY WARNING: This email may contain privileged or confidential information and is
for the sole use of the intended recipient(s). Any unauthorized use or disclosure of this
communication is prohibited. If you believe that you have received this email in error,
please notify the sender immediately and delete it from your system.

________________________________
From: Thompson, Rod (27) x4445
Sent: Thursday, December 29, 2011 9:50 AM
To: Thompson, Rod (27) x4445
Subject:

________________________________________________________________________
_
This e-mail message is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please contact the sender
by reply e-mail and destroy all copies of the original message. Thank you.
Farella Braun + Martel LLP

5

Yeh Exhibit 132

REDACTED

Yeh Exhibit 133

REDACTED

VERIFICATION

I, Anton Titov, am a Manager of Hotfile Corporation, a defendant in this lawsuit. I make
this verification on behalf of said party and on behalf of myself as an individual. I have read the
foregoing Defendants' Supplemental Responses To Plaintiffs' Interrogatory Nos. 6 And 9 and
know the contents thereof. To the best of my knowledge, information and belief, the responses
set forth therein are true and correct.
I declare under penalty of perjury under the laws of the State of Florida that the foregoing
is true and correct.
Executed this f,2- day of September, 2011, in Sofia, Bulgaria.
By:
ito v

REDACTED

Yeh Exhibit 134

REDACTED