Disney Enterprises, Inc. et al v. Hotfile Corp. et al

Filing 409

REPLY to Response to Motion re 301 MOTION for Summary Judgment >WARNER BROS. ENTERTAINMENT INC.'S MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM OF LAW IN SUPPORT OF MOTION (PUBLIC REDACTED VERSION)< >WARNER'S REPLY MEMORANDUM OF LAW IN SUPPORT OF WARNER'S MOTION FOR SUMMARY JUDGMENT (PUBLIC REDACTED VERSION)< filed by Warner Bros. Entertainment Inc.. (Attachments: # 1 Affidavit Reply Declaration of Jennifer V. Yeh in Support of Warner's Motion for Summary Judgment (public redacted version), # 2 Exhibit R to Declaration of Jennifer V. Yeh, # 3 Exhibit S to Declaration of Jennifer Yeh, # 4 Exhibit T to Declaration of J. Yeh, # 5 Exhibit U to Declaration of J. Yeh, # 6 Exhibit V to Declaration of J. Yeh, # 7 Exhibit W to Declaration of J. Yeh, # 8 Exhibit X to Declaration of J. Yeh, # 9 Affidavit Reply Declaration of Dr. Ian Foster in Support of Warner's Motion for Summary Judgment (public redacted version))(Stetson, Karen)

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.,
Plaintiffs,
v.
HOTFILE CORP., ANTON TITOV, and
DOES 1-10.
Defendants.
/
HOTFILE CORP.,
Counterclaimant,
v.
WARNER BROS. ENTERTAINMENT INC.,
Counterdefendant.
/

REPLY DECLARATION OF JENNIFER V. YEH IN SUPPORT OF WARNER BROS.
ENTERTAINMENT INC.’S MOTION FOR SUMMARY JUDGMENT

PUBLIC REDACTED VERSION

I, Jennifer V. Yeh, declare as follows:
1.

I am an attorney at the law firm of Jenner & Block LLP, and counsel to

counterdefendant Warner Bros. Entertainment Inc. (“Warner”). The statements made in this
declaration are based on my personal knowledge including on information provided to me by
colleagues or other personnel working under my supervision on this case. If called to testify, I
would testify as follows:
2.

Attached hereto as Exhibit R is a true and correct copy of excerpts of the deposition

of David Kaplan, taken on Oct. 12, 2011 in the above-captioned case.
3.

Attached hereto as Exhibit S is a true and correct copy of excerpts of the deposition of

Matthew Lynde, Ph. D., taken on Dec. 16, 2011 in the above-captioned case.
4.

Attached hereto as Exhibit T is a true and correct copy of Exhibit 5 to the deposition

of Matthew Lynde, Ph. D., taken on Dec. 16, 2011 in the above-captioned case.
5.

Attached hereto as Exhibit U is a true and correct copy of Exhibit 6 to the deposition

of Matthew Lynde, Ph. D., taken on Dec. 16, 2011 in the above-captioned case.
6.

Attached hereto as Exhibit V is a true and correct copy of printout of a forum thread

from Slashdot.org titled “Hotfile Sues Warner Bros Over Abuse of Takedown Tool”, dated Sept.
13, 2011, printed by Jenner & Block from the indicated URL on Mar. 9, 2012.
7.

Attached hereto as Exhibit W is a true and correct copy of a printout of an article and

comments thread from TorrentFreak.com titled “Warner Bros. Admits Sending Hotfile False
Takedown Requests”, dated Nov. 10, 2011, printed by Jenner & Block from the indicated URL
on Mar. 9, 2012.
8.

Attached hereto as Exhibit X is a true and correct copy of Exhibit 5 to the deposition

of David Kaplan, taken on Oct. 12, 2011 in the above-captioned case.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on March __, 2012.

_____________________________
Jennifer V. Yeh