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

Filing 420

NOTICE by Hotfile Corp., Anton Titov of Filing PUBLICLY FILED REDACTED Version of the Declaration of Janel Thamkul Filed In Support of Memoranda In Support of Motions for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Munn, Janet)

EXHIBIT 2

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 VICKI R. SOLMON, ESQUIRE
PURSUANT TO FEDERAL RULE 30(b)(6)
Los Angeles, California
Friday, December 23, 2011
Volume 2

Reported by:
LORI SCINTA, RPR
CSR No. 4811
Job No. 180162

30(B)(6) VICKI R. SOLMON, ESQUIRE, V. 2
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

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UNITED STATES DISTRICT COURT

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12/23/2011

SOUTHERN DISTRICT OF FLORIDA

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4

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DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.
ENTERTAINMENT INC.,

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Plaintiffs,

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6

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10

vs.

CASE NO.
11-20427-WILLIAMS-TURNOFF

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

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Defendants.
_________________________
AND RELATED CROSS-ACTION.
________________________________________________________

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HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
Videotaped deposition of VICKI R. SOLMON,

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ESQUIRE, Volume 2, pursuant to Federal Rule 30(b)(6),

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taken on behalf of Defendants and Counterclaimant

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Hotfile Corp., at 633 West Fifth Street, Suite 3600,

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Los Angeles, California, beginning at 2:49 P.M. and

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ending at 5:21 P.M. on Friday, December 23, 2011, before

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LORI SCINTA, RPR, Certified Shorthand Reporter No. 4811.

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25

220

30(B)(6) VICKI R. SOLMON, ESQUIRE, V. 2
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

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12/23/2011

APPEARANCES:

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For Plaintiffs:

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5
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JENNER & BLOCK LLP
BY: DUANE C. POZZA (Telephonically present)
-- and -LUKE C. PLATZER
Attorneys at Law
1099 New York Avenue, NW, Suite 900
Washington, D.C. 20001-4412
202.639.6000
Email: [e-mail]
[e-mail]

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For Defendants and Counterclaimant Hotfile, Corp.:

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FARELLA BRAUN + MARTEL LLP
BY: DEEPAK GUPTA (Telephonically present)
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Email: [e-mail]

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Videographer:
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VONYARN MASON
SARNOFF COURT REPORTERS
20 Corporate Park, Suite 350
Irvine, California 92606
877.955.3855

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221

30(B)(6) VICKI R. SOLMON, ESQUIRE, V. 2
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/23/2011

05:17

1

05:17

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should be able to track other -- use reasonable efforts

05:17

3

to track infringing uploads of copyrighted content by

05:17

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the same user.

05:17

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termination policy.

05:17

6

05:17

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a terminated user from uploading infringing content

05:18

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following termination by verifying, et cetera, the

05:18

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verified email address.

05:18

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05:18

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Q

Ms. Solmon, it's okay.

05:18

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A

As far as counter notice, it -- it reflects

05:18

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obviously DMCA with counter notice obligations and all

05:18

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that.

05:18

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05:18

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understand they want to work with us and prohibit

05:18

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unauthorized postings.

05:18

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onto this.

05:18

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of -- the sites and the copyright owners work together

05:18

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and solve it because we don't want this stuff posted.

05:18

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05:19

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to closure so just -- my last question is:

05:19

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were to abide by the UGC principles, then would Columbia

05:19

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stand behind Point 14?

05:19

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Oh, 11 is really important, that the site

Okay?

And then have a repeat infringer

And it should use reasonable efforts to prevent

Then, additionally, that -You don't have to --

So it's a matter that we have certain sites who

Q

A

And so they've agreed to sign

And so the whole idea of this is to sort

Okay.

And I'd like to -- I'd like to bring it
If Hotfile

I'm sorry.

294

30(B)(6) VICKI R. SOLMON, ESQUIRE, V. 2
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/23/2011

05:19

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MR. PLATZER:

Object to the form on that one.

05:19

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THE WITNESS:

The idea of this one --

05:19

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MR. PLATZER:

And, also, it's also an

05:19

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05:19

5

05:19

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supposed to be a signatory to the -- to these

05:19

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principles.

05:19

8

05:19

9

05:19

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it -- there's a certain give and take.

05:19

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all the requirements and they are a signatory, then,

05:19

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yes, we agree we're not going to sue them for copyright

05:19

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infringement, as it states in 14, because we understand

05:20

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the site is really trying to help us protect

05:20

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unauthorized viewing.

05:20

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THE REPORTER:

05:20

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THE WITNESS:

05:20

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MR. GUPTA:

05:20

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05:20

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05:20

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Counsel, or should we -- should we conclude the

05:20

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deposition and break for the holidays?

05:20

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05:20

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incomplete hypothetical.
THE WITNESS:

Yes.

Because the point is you're

And part of the give and take is when a site
wants to work with us and become completely legal, then
And if they meet

"Unauthorized" --- postings.

Okay.

That's all I have today.

All right.

Thank you.

I really appreciate it.

Is there anything that we need to confer about,

MR. POZZA:

I think this should also be marked

highly confidential subject to the protective order as

05:20

295

30(B)(6) VICKI R. SOLMON, ESQUIRE, V. 2
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/23/2011

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I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby certify:
That the foregoing proceedings were taken

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before me at the time and place herein set forth; that

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any witnesses in the foregoing proceedings, prior to

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testifying, were duly sworn; that a record of the

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proceedings was made by me using machine shorthand

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which was thereafter transcribed under my direction;

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that the foregoing transcript is a true record of the

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testimony given.

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Further, that if the foregoing pertains to

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the original transcript of a deposition in a Federal

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Case, before completion of the proceedings, review of

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the transcript [X] was [ ] was not requested.

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I further certify I am neither financially

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interested in the action nor a relative or employee

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of any attorney or party to this action.

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

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Dated: 12/30/2011

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________________________________
LORI SCINTA, RPR
CSR No. 4811

299

Errata Sheet
Deposition of Vicki Solmon
December 9, 2011 and December 23, 2011

Location
Day 1
7:7
17:15
21:15
21:17
21:20
21:21
22:19
24:14-15
24:16-17
31:11
31:14
32:2
35:18
47:21
47:22
58:25
71:1
81:10
141:8
Day 2
231:16

Correction
change "Hotfield" to "Hotfile"
change "ERA services" to "ARA Services"
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "Michelle Huynh" to "Michelle Wang"
change "Huynh" to "Wang"
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "Sony Pictures Entertainment, Inc." to "Sony Pictures Entertainment Inc."
change "A-Plex" to "Aiplex"
change "compiled each to" to "compelled each to"
change "question" to "answer"

JO(B)(6) VICKI R. SOlMON, ~SQUIRE, V. 2
HIGHLY CONfIDENTIAL PURSUANT TO PROTECl'lVE ORDER

12/23/2011

,
,
•
,

,
,
,
9

I,

V[C~I

R. SOLMON,

ESQUI~.

do hereby d.clara

10

uncleI:' panal.ty Dr perjury that :r have raad the foregoing

11

tr&.u",ript ; that I ha ........de any c:orract1o n " .lI &ppooa r

13

lIlY t.stimony •• contained hO"ain, •• corraet.. d, i" true

14

...d correct .

20

"

"

VICKI R.

SO~ '

ESQUIRE

Valu:... 2

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