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
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF FLORIDA
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DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
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CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,
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COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.
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ENTERTAINMENT INC.,
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Plaintiffs,
vs.
No. 11-20427-WILLIAMS-TURNOFF
HOTFILE CORP., ANTON TITOV, and
DOES 1-10,
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Defendants.
________________________________________________________
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PORTIONS OF THIS TRANSCRIPT ARE CONFIDENTIAL
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DEPOSITION OF YANGBIN WANG
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Palo Alto, California
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Thursday, December 22, 2011
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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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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF FLORIDA
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DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
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CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,
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COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.
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ENTERTAINMENT INC.,
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Plaintiffs,
vs.
No. 11-20427-WILLIAMS-TURNOFF
HOTFILE CORP., ANTON TITOV, and
DOES 1-10,
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Defendants.
_________________________________________________________
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Deposition of YANGBIN WANG, taken on behalf of
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Defendant, at 2475 Hanover Street, Palo Alto,
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California, beginning at 9:43 a.m. and ending at 12:21
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p.m. on Thursday, December 22, 2011, before LYNNE
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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
lplatzer@jenner.com
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
aleibnitz@fbm.com
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
joseph.tiffany@pillsburylaw.com
VIDEOGRAPHER:
SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES
BY: MARTY MAJDOUB
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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
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A
Content owners.
09:56:09
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Q
Worldwide?
09:56:12
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A
Yes.
09:56:13
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Q
Do you discriminate by industry?
09:56:14
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A
No.
09:56:17
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Q
How many content owners provide fingerprints to
09:56:23
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Vobile?
09:56:26
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A
I have to count, but probably dozens.
09:56:28
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Q
Including all of the plaintiffs in this case?
09:56:32
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A
Yes.
09:56:36
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Q
How long did it take to develop MediaWise?
09:56:40
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A
Years, you know, we started since 2005.
09:56:45
And
19
the core technology identification has been in
09:56:52
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development since day one.
09:56:54
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account, it's now, what, six years -- six, seven
09:56:59
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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
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A
Yes.
09:57:11
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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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to go back and check the record.
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2007 -- 2006 or 2007, roughly that time frame.
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certainly are continuing development of lots of new
09:57:31
4
applications.
09:57:34
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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
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MR. TIFFANY:
Objection to the form.
09:57:51
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THE WITNESS:
You know, database continue to
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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
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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.
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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
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there is no direct contact I can go to really check, but
09:58:35
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I would say, you know, we have had those 50 or 100
09:58:41
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engineers, I mean, probably hundreds of man years it's
09:58:45
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fair to say.
09:58:50
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A
09:57:59
But, again, the technology -- on the line,
technology of MediaWise is really VDDB and the querying,
09:58:50
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and those are shared by many of our products.
So it's
09:58:58
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hard to pull out, you know, exactly how many people we
09:59:06
3
spent on MediaWise, that single product.
09:59:09
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Q
Does vCloud9 also depend upon VDDB?
09:59:14
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A
Same, yes.
09:59:20
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Q
You had mentioned -- I think your words were
09:59:21
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hundreds of --
09:59:23
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A
Many years.
09:59:25
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Q
Okay.
09:59:26
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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
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say there's 100 engineers work on this for a year,
09:59:34
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that's 100-man year.
09:59:37
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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
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Q
Man years.
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A
Yes, yes.
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two years.
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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
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here today of how many engineering man years were
09:59:59
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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
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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
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aware of vCloud9, whether before or after September
10:41:09
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26th?
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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
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A
Yes.
10:41:34
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Q
Do you review them for accuracy, to make sure
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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
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unless there is a timing pressure that this goes out
10:41:53
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before my review.
10:41:57
That happens sometime.
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Q
Did that happen here, to your knowledge?
10:42:00
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A
I think this is a normal process.
10:42:02
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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
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A
Yes.
10:42:19
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Q
Why did Vobile state, Copyrighted content
10:42:22
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contained within Cloud-based cyberlockers is very
10:42:27
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difficult to find?
10:42:31
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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.
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difficult in general.
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Q
I mean, it's
It's all difficult.
10:42:50
Why is that?
10:42:51
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MR. PLATZER:
Objection, lacks foundation.
10:42:57
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THE WITNESS:
It's -- you know, if it's an easy
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10
problem, then there is no need for Vobile's service.
10:43:02
BY MR. LEIBNITZ:
10:43:08
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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
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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
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for help and won't pay us for services.
10:43:44
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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
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cyberlocker?
10:43:55
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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
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copyrighted movies or T.V. shows, is saved as compressed
10:44:05
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files to allow easier file downloading.
10:44:09
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that?
Do you see
10:44:13
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A
Yes.
10:44:13
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Q
Is that accurate, to your knowledge?
10:44:14
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A
Yes.
10:44:15
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Q
The sentence goes on to say, However, file
10:44:16
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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
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A
Yes.
10:44:29
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Q
Do you agree with that?
10:44:30
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MR. PLATZER:
Objection to form.
10:44:33
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THE WITNESS:
I -- yes, I agree with that.
10:44:36
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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
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having this capability of examining compressed file, and
10:44:48
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that's including the vCloud9.
10:44:51
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BY MR. LEIBNITZ:
10:44:53
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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
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arrival of vCloud9 rendered ineffectual MediaWise in
10:48:56
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combating copyright infringement, is it?
10:48:59
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A
It's not.
I mean, MediaWise was designed
10:49:05
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primarily for UGC streaming sites, and vCloud9 is
10:49:08
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designed primarily for storage based.
10:49:13
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like you have SUV, doesn't render the other car just
10:49:17
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not -- ineffective.
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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
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MediaWise product; right?
10:49:59
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MR. PLATZER:
Objection to the form.
10:50:02
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THE WITNESS:
From our product offering point
10:50:03
21
of view, that's true.
10:50:06
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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.
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general reference, I -- we are -- our system are
11:45:27
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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
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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
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A
True.
No false positives.
11:45:56
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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
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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
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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
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fingerprint.
11:46:59
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Q
11:47:01
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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
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MR. LEIBNITZ:
6
THE WITNESS:
Object to form.
11:47:12
11:47:20
Yes, but it's -- integrated
11:47:21
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together, there's an open efficiency by doing that
11:47:22
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together.
11:47:26
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BY MR. PLATZER:
11:47:31
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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
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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
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BY MR. PLATZER:
11:48:45
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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
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8
media file that had previously been compressed but is
11:49:01
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not compressed at the time that video DNA is applied to
11:49:06
extract the fingerprint?
11:49:09
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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
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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
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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:
RThompson@fbm.com
Saturday, December 31, 2011 5:46 PM
Fabrizio, Steven B
schan@jamsadr.com
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:SFabrizio@jenner.com]
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"
>
Date: Fri, 30 Dec 2011 12:39:30 -0600
To: Steven Fabrizio >,
"schan@jamsadr.com"
>
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 (202) 639-6040
Fax (202) 661-4823
SFabrizio@jenner.com
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:SFabrizio@jenner.com]
Sent: Thursday, December 29, 2011 4:57 PM
To: Thompson, Rod (27) x4445;
schan@jamsadr.com
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"
>
Date: Thu, 29 Dec 2011 18:40:41 -0600
To: Steven Fabrizio
>,
"schan@jamsadr.com"
>
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 (202) 639-6040
Fax (202) 661-4823
SFabrizio@jenner.com
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:SFabrizio@jenner.com]
Sent: Thursday, December 29, 2011 4:06 PM
To: Thompson, Rod (27) x4445;
schan@jamsadr.com
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"
>
Date: Thu, 29 Dec 2011 12:01:21 -0600
To:
"schan@jamsadr.com"
>
Cc: Steven Fabrizio
>
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
________________________________
Steven B. Fabrizio
Jenner & Block LLP
4
1099 New York Avenue, N.W.
Suite 900
Washington, DC 20001-4412
Tel (202) 639-6040
Fax (202) 661-4823
SFabrizio@jenner.com
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
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