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
1
UNITED STATES DISTRICT COURT
2
12/23/2011
SOUTHERN DISTRICT OF FLORIDA
3
4
7
DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.
ENTERTAINMENT INC.,
8
Plaintiffs,
5
6
9
10
vs.
CASE NO.
11-20427-WILLIAMS-TURNOFF
HOTFILE CORP., ANTON TITOV,
and DOES 1-10,
11
12
13
Defendants.
_________________________
AND RELATED CROSS-ACTION.
________________________________________________________
14
15
16
HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
Videotaped deposition of VICKI R. SOLMON,
17
ESQUIRE, Volume 2, pursuant to Federal Rule 30(b)(6),
18
taken on behalf of Defendants and Counterclaimant
19
Hotfile Corp., at 633 West Fifth Street, Suite 3600,
20
Los Angeles, California, beginning at 2:49 P.M. and
21
ending at 5:21 P.M. on Friday, December 23, 2011, before
22
LORI SCINTA, RPR, Certified Shorthand Reporter No. 4811.
23
24
25
220
30(B)(6) VICKI R. SOLMON, ESQUIRE, V. 2
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
1
12/23/2011
APPEARANCES:
2
3
For Plaintiffs:
4
5
6
7
8
9
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: dpozza@jenner.com
lplatzer@jenner.com
10
11
For Defendants and Counterclaimant Hotfile, Corp.:
12
13
14
15
FARELLA BRAUN + MARTEL LLP
BY: DEEPAK GUPTA (Telephonically present)
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Email: dgupta@fbm.com
16
17
Videographer:
18
19
20
21
VONYARN MASON
SARNOFF COURT REPORTERS
20 Corporate Park, Suite 350
Irvine, California 92606
877.955.3855
22
23
24
25
221
30(B)(6) VICKI R. SOLMON, ESQUIRE, V. 2
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/23/2011
05:17
1
05:17
2
should be able to track other -- use reasonable efforts
05:17
3
to track infringing uploads of copyrighted content by
05:17
4
the same user.
05:17
5
termination policy.
05:17
6
05:17
7
a terminated user from uploading infringing content
05:18
8
following termination by verifying, et cetera, the
05:18
9
verified email address.
05:18
10
05:18
11
Q
Ms. Solmon, it's okay.
05:18
12
A
As far as counter notice, it -- it reflects
05:18
13
obviously DMCA with counter notice obligations and all
05:18
14
that.
05:18
15
05:18
16
understand they want to work with us and prohibit
05:18
17
unauthorized postings.
05:18
18
onto this.
05:18
19
of -- the sites and the copyright owners work together
05:18
20
and solve it because we don't want this stuff posted.
05:18
21
05:19
22
to closure so just -- my last question is:
05:19
23
were to abide by the UGC principles, then would Columbia
05:19
24
stand behind Point 14?
05:19
25
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
1
MR. PLATZER:
Object to the form on that one.
05:19
2
THE WITNESS:
The idea of this one --
05:19
3
MR. PLATZER:
And, also, it's also an
05:19
4
05:19
5
05:19
6
supposed to be a signatory to the -- to these
05:19
7
principles.
05:19
8
05:19
9
05:19
10
it -- there's a certain give and take.
05:19
11
all the requirements and they are a signatory, then,
05:19
12
yes, we agree we're not going to sue them for copyright
05:19
13
infringement, as it states in 14, because we understand
05:20
14
the site is really trying to help us protect
05:20
15
unauthorized viewing.
05:20
16
THE REPORTER:
05:20
17
THE WITNESS:
05:20
18
MR. GUPTA:
05:20
19
05:20
20
05:20
21
Counsel, or should we -- should we conclude the
05:20
22
deposition and break for the holidays?
05:20
23
05:20
24
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
1
2
3
4
I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby certify:
That the foregoing proceedings were taken
5
before me at the time and place herein set forth; that
6
any witnesses in the foregoing proceedings, prior to
7
testifying, were duly sworn; that a record of the
8
proceedings was made by me using machine shorthand
9
which was thereafter transcribed under my direction;
10
that the foregoing transcript is a true record of the
11
testimony given.
12
Further, that if the foregoing pertains to
13
the original transcript of a deposition in a Federal
14
Case, before completion of the proceedings, review of
15
the transcript [X] was [ ] was not requested.
16
I further certify I am neither financially
17
interested in the action nor a relative or employee
18
of any attorney or party to this action.
19
20
IN WITNESS WHEREOF, I have this date
subscribed my name.
21
22
Dated: 12/30/2011
23
24
25
________________________________
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
"
~Sarnoff.
877.9SS. J 8S 5
'"
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?