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 6

Highly Confidential
Page 191
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.,
Plaintiff,
v.
HOTFILE CORP., ANTON
TITOV, and DOES 1-10,
Defendants.
HOTFILE CORP.,
Counterclaimant,
v.
WARNER BROS ENTERTAINMENT
INC.,
Counterdefendant.
- - - - - - - - - - - - - - - - - - - - - - - - VOLUME II
H I G H L Y C O N F I D E N T I A L
(Pursuant to protective order, the following
transcript has been designated highly confidential)
30(b)(6) DEPOSITION OF ANTON TITOV
Radisson Blu Hotel
Sofia, Bulgaria
Tuesday, December 6, 2011
AT: 9:10 a.m.
Job No: 44175
TSG Reporting - Worldwide

[phone]

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Page 192
1
2
3

A P P E A R A N C E S
ATTORNEY FOR THE PLAINTIFFS:

4

JENNER & BLOCK
BY: STEVEN B. FABRIZIO, ESQ.
1099 New York Avenue, NW

5

Washington, DC

20001

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11

ATTORNEY FOR THE DEFENDANTS HOTFILE CORP.,
AND ANTON TITOV:
FARELLA, BRAUN & MARTEL
BY: RODERICK M. THOMPSON, ESQ.
235 Montgomery Street
San Francisco, California 94104

12
13
14

BOSTON LAW GROUP
VALENTIN GURVITS
825 Beacon Street
Newton Center, MA 02459

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Also present:

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Court reporter:

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Fiona Farson
TSG Reporting

4
5
6

Videographer:
Simon Rutson
TSG Reporting

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8
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Interpreter:
Assist. Prof. Boris Naimushin, Ph.D.

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Technical expert:
Kelly Truelove

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I N D E X

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EXAMINATION

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BY MR. FABRIZZIO (continued)

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MR. THOMPSON:

Objection, asked and answered.

2

A.

3

BY MR. FABRIZIO:

4

Q.

I don't know for a fact.

Have you ever discussed with your other shareholders

5

terminating Warner's access to the special rights

6

holders' account?

7

A.

8
9

I'm not -- I'm not -- can't remember any discussion like
that, absent the presence of my counsel.

Q.

Has Hotfile changed the way it processes notices sent by

10

Warner through the SRA account since the filing of its

11

counterclaim against Warner?

12

MR. THOMPSON:

Objection, vague.

13

A.

14

BY MR. FABRIZIO:

15

Q.

I'm not aware of any change.

For instance, does Hotfile now manually review files

16

noticed by Warner through the special rights holder's

17

account to see if the files are -- appear to be

18

accurate?

19

A.

20

I'm not aware of any reviews, and to my best knowledge,
the Warner's account still works instantly.

21

(Reporter clarification)

22

BY MR. FABRIZIO:

23

Q.

24
25

Why is Hotfile not engaging in a higher-level review of
notices sent through the Warner SRA account?

MR. THOMPSON:

Objection.

Vague, and asked and answered.

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1

all files from a list page, Hotfile understood that in

2

doing so, it might be deleting files that were not

3

infringing as well; isn't that correct?

4

MR. THOMPSON:

5

A.

6

Objection, asked and answered.

I don't know I can say for a fact what was Hotfile
understanding back then.

7

BY MR. FABRIZIO:

8

Q.

9

What about right now?

Do you understand that when

Hotfile deletes all the files on a list page, that

10

Hotfile may be deleting files that are not infringing as

11

well?

12

A.

Yes, I understand that.

13

Q.

And is Hotfile going to continue its practice of

14

deleting all files on a list page?

15

MR. THOMPSON:

16

A.

Objection, vague.

I can't speak about future decisions of Hotfile by

17

myself.

18

BY MR. FABRIZIO:

19

Q.

20
21

about changing this practice?
A.

22
23
24
25

Are you planning on talking to your other shareholders

Just right now, as I sit here, I have other things to
think of.

Q.

I can't say.

Do you understand the concept or the term "false
positive"?

MR. THOMPSON:

Objection, vague.

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Highly Confidential
Page 276
1

A.

2
3

a compatible statement was there since the beginning.
Q.

4
5

A comparable statement?

What do you consider

a comparable statement?
A.

6
7

I don't know for a fact, but it's my belief that

A statement that will carry all -- carry on the same
substance, I guess.

Q.

Right.

Currently, today, in its IP policy page, Hotfile

8

informs users that it has a policy to terminate repeat

9

infringing users, correct?

10

A.

I believe so.

11

Q.

Okay.

12

And when did that IP policy page first appear on

Hotfile?

13

A.

I think approximately May or June 2010.

14

Q.

Okay.

And before May or June of 2010, where did --

15

where on its website did Hotfile inform users of

16

a policy to terminate repeat infringers?

17

A.

In terms of service, I think.

18

MR. FABRIZIO:

Okay.

I'm asking the court reporter to mark

19

as Titov exhibit 31 a printout from Hotfile terms of

20

service.

21

Q.

This is printed from archive.org.

And you will undoubtedly recognize from convention,

22

Mr. Titov, that this reflects an archive.org capture as

23

of February 2010.

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25

(Titov exhibit 31 marked for identification.)
BY MR. FABRIZIO:

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BY MR. FABRIZIO:

4

Q.

5

Do you want to take a quick break now, or do you want to
go on for a little bit?

6

A.

A quick break would be nice.

7

MR. FABRIZIO:

Let's take a quick break.

8

VIDEOGRAPHER:

Off the record at 3:53.

9

(A break was taken.)

10

VIDEOGRAPHER:

Back on the record, 4:04.

11

BY MR. FABRIZIO:

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Page 341

9

Q.

10

Currently -- just wait one second; I kind of feel like
it's dial-an-expert.

It's kind of like he's here.

11

MR. THOMPSON:

We can't hear what he's saying, though.

12

MR. FABRIZIO:

You can't hear what he's saying; I can.

13

I feel like a newscaster.

14

MR. THOMPSON:

15

BY MR. FABRIZIO:

16

Q.

17

Okay.

That's right.

Maybe a puppet, huh?

Sorry, my editor was talking.

Currently, Hotfile receives DMCA notices by regular

18

mail, correct?

19

A.

Correct.

20

Q.

By facsimile, correct?

21

A.

Correct.

22

Q.

By email, correct?

23

A.

Correct.

24

Q.

And by special rights holder account, correct?

25

A.

Correct.

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Highly Confidential
Page 371
HIGHLY CONFIDENTIAL
CERTIFICATE OF DEPONENT

1
2

3

4
5
6

I, ANTON TITOV, hereby certify that I have read the
foregoing pages of my deposition of testimony taken in these
proceedings on Tuesday, December 6, 2011, and, with the
exception of the changes listed on the next page and/or
corrections, if any, find them to be a true and accurate
transcription thereof.

7

8

//

9

10
Signed:

11
Name:

12
Date:

······fC···········

ANTON TITOV

..f!.~ qpl1-l'(~ .. ....... .

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15

16

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20

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..

TSG Reporting - Worldwide

(877)

702-9580

Highly Confidential
Page 373
HIGHLY CONFIDENTIAL

1

2
ERRATA
3
Deposition of ANTON TITOV
4

Page/Line No.

Description

Reason for change

5
6

225:25

Remind me.

7

234:20

Presentation

8

234:20

cost of the

9

261:2

-->

There might be.

-->

representation

Correct transcription
Correct transcription!
;

-->

concept of

Correct transcription

I
'{

As --> That's

Correct transcriPtionl
j

j

10

273:20

11

279:3

is --> would

Correct transcription

I

12

293:11

following --> logging

Correct transcription

J.

13

306:5

calls --> holds

Correct transcriPtion!

14

306:6

15

321:6

Correct transcriptionl
j
't

service at hotfile.com
would decide it

-->

~
~

I

to [e-mail] Correct tra ls.
~
with this ID
Correct transcription
-->

i
·transcription I
1

~~

16

333:20

brought --> blocked

Correct

17

337:7

file --> file ID

Correct transcription~

18

Signed:

19

Name:

20

Date:

1
if

I
!

ANTON TITOV

ij

~

21
22
23

TSG Reporting - Worldwide

(877)

702-9580

t·

Highly Confidential
Page 373

,HIGHLY CONFIDENTIAL

1
2

ERRATA
3

Deposition of ANTON TITOV

4
Reason for change

Description

Page/Line No.
5

6

361:25

7

368:7

state

-->

Correct transcription

table

users stay on our uploads

-->

users_cowner_up1oad

8
9

10
11

12

13
14

15

;1/

16

17
18

Signed:

19

Name:

20

Date:

...... f.. ...... .
ANTON TITOV

.f!~'p!?? <~ ...... .

21
22

23
24

25

TSG Reporting - Worldwide

(877)

702-9580

Correct tlt-ans

Highly Confidential
Page 372
1

HIGHLY CONFIDENTIAL
CERTIFICATE OF COURT REPORTER

2
3
4
5
6

I, Fiona Farson, with TSG Reporting, hereby certify that the
testimony of the witness Anton Titov in the foregoing
transcript, taken on Tuesday, December 6, 2011 was reported
by me in machine shorthand and was thereafter transcribed by
me; and that the foregoing transcript is a true and accurate
verbatim record of the said testimony.

7
8
9

I further certify that I am not a relative, employee,
counsel or financially involved with any of the parties to
the within cause, nor am I an employee or relative of any
counsel for the parties, nor am I in any way interested in
the outcome of the within cause.

10
11
12
13
14
Signed:

........................

15
Fiona Farson
16
Dated: 12/17/2011
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TSG Reporting - Worldwide

[phone]

H I G H L Y

C O N F I D E N T I A L
Page 374

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.,
Plaintiff,
v.
HOTFILE CORP., ANTON
TITOV, and DOES 1-10,
Defendants.

HOTFILE CORP.,
Counterclaimant,
v.
WARNER BROS ENTERTAINMENT
INC.,
Counterdefendant.
- - - - - - - - - - - - - - - - - - - - - - - - VOLUME III
H I G H L Y C O N F I D E N T I A L
(Pursuant to protective order, the following
transcript has been designated highly confidential)
30(b)(6) DEPOSITION OF ANTON TITOV
Radisson Blu Hotel
Sofia, Bulgaria
Wednesday, December 7, 2011
AT: 9:09 a.m.
Job # 44429
TSG Reporting - Worldwide

H I G H L Y

C O N F I D E N T I A L
Page 375

1
2
3
4

A P P E A R A N C E S
ATTORNEY FOR THE PLAINTIFFS:
JENNER & BLOCK, LLP
BY: STEVEN FABRIZIO, ESQ.
1099 New York Avenue, NW
Washington, DC 20001

5
6
7
8
9
10

ATTORNEY FOR THE DEFENDANTS HOTFILE CORP.,
AND ANTON TITOV:
FARELLA, BRAUN & MARTEL, LLP
BY: RODERICK THOMPSON, ESQ.
235 Montgomery Street
San Francisco, California 94104

11
12
13

BOSTON LAW GROUP
BY: VALENTIN GURVITS
825 Beacon Street
Newton Center, MA 02459

14
15
16
17
18
19
20
21
22
23
24
25

TSG Reporting - Worldwide

H I G H L Y

C O N F I D E N T I A L
Page 376

1

Also present:

2

Court reporter:

3

Fiona Farson
TSG Reporting

4
5
6

Videographer:
Simon Rutson
TSG Reporting

7
8
9
10

Interpreter:
Assist. Prof. Boris Naimushin, Ph.D.
Elena Alexieva

11
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H I G H L Y

C O N F I D E N T I A L
Page 506

I'll just look around.

6
7

MR. FABRIZIO:

Okay.

Why don't we take that break.

8

VIDEOGRAPHER:

Off the record, 3:57.
(A break was taken.)

9
10

VIDEOGRAPHER:

Back on the record, 4:13.

11

BY MR. FABRIZIO:

12

Q.

Has Hotfile implemented some form of copyright filtering
since the institution of this lawsuit?

13
14

A.

Ask you asking about overall?

15

Q.

Well, I was asking any form of copyright filtering.

16

A.

Do you consider this?

17

Q.

Yeah, I do consider it -- well, let me put it this way;

18

since the institution of this lawsuit, has Hotfile

19

implemented any form of content identification

20

technology?

21

A.

Yes, we started using Vobile.

22

Q.

Anything else?

23

A.

No, I don't think so.

24

Q.

Okay.

25

MR. THOMPSON:

And for the record, what is Vobile?
Objection, vague.

TSG Reporting - Worldwide

H I G H L Y

C O N F I D E N T I A L
Page 507

1

A.

Vobile is a company that will provide technology for

2

fingerprinting, taking fingerprints from videos --

3

videos, and they -- then they have service for

4

presenting these fingerprints to them, and they will

5

respond if this video matches any video in their

6

database.

7

BY MR. FABRIZIO:

8

Q.

And when they respond, because a finger -- they have

9

a fingerprint match, do they provide information about

10

the copyright owner and instructions from a copyright

11

owner with regard to a particular file?

12

MR. THOMPSON:

13

A.

Objection, compound and vague.

I know for sure that they provide the copyright owner,
but I'm not sure about the instructions.

14
15

BY MR. FABRIZIO:

16

Q.

Okay.

Well, let me put it this way, if there's a -- if

17

upon submission of a fingerprint to Vobile there's

18

a fingerprint match, Vobile sends information back to

19

you?

20

A.

It's more like we are supposed to connect and to check

21

if the submission is processed, but basically that's the

22

idea.

23

Q.

Okay.

And when Hotfile connects in to check, what

24

information does Vobile make available to Hotfile about

25

the file that it was checking?

TSG Reporting - Worldwide

H I G H L Y

C O N F I D E N T I A L
Page 508

1

A.

It would be an XML file that will either say that there

2

is no match, or a response that will indicate

3

a copyrighted work name, maybe the producer of the

4

copyrighted work, and I believe the offset in the video

5

where the fingerprint starts the partial match.

6

Q.

Does -- anything else?

7

A.

That is what I can think of.

8

Q.

Does the Vobile data indicate whether the file should be
allowed for distribution or blocked?

9
10

A.

Since you are mentioning a certain time, I assume that
it does, but I don't have clear memory of it doing so.

11
12

Q.

Okay.

13

MR. THOMPSON:

Again, Mr. Titov, I know Mr. Fabrizio knows

14

a lot about this, but you should just testify to what

15

you know.

16

MR. FABRIZIO:

17

BY MR. FABRIZIO:

18

Q.

Don't give me too much credit.

Did Hotfile consider using -- well, strike that.
If I refer to Vobile's technology as "video

19
20

fingerprinting technology," will you understand what I'm

21

referring to?

22

A.

Yes, I will.

23

Q.

Is that how you refer to it as well?

24

A.

Let's say yes.

25

Q.

Okay.

Did Hotfile consider using video fingerprinting

TSG Reporting - Worldwide

H I G H L Y

C O N F I D E N T I A L
Page 509

technology prior to the institution of this lawsuit?

1
2

MR. THOMPSON:

Objection, vague.

3

A.

4

BY MR. FABRIZIO:

5

Q.

No, I don't think so.

Did you have any discussions with your co-shareholders
about using any form of video fingerprinting?

6
7

A.

I don't recall any such discussion.

8

Q.

And, again, I'm talking about video fingerprinting

9

technology, whether it's offered by Vobile or some other

10

supplier, or even developed on your own, I'm speaking of

11

the technology itself; do you understand that?

12

A.

Yes, I understand that.

13

Q.

So, with that clarification, did Hotfile consider

14

deploying video fingerprinting technology in its system

15

prior to the institution of this litigation?

16

A.

I don't remember any such discussion.

17

Q.

Did Hotfile consider using any form of content

18

recognition technology in order to prevent copyrighted

19

content from being uploaded to Hotfile prior to this

20

litigation?

21

MR. THOMPSON:

22

Objection, vague, to some extent asked and

answered.

23

A.

No, I don't remember anything like that.

24

BY MR. FABRIZIO:

25

Q.

Why, after the commencement of this litigation, did

TSG Reporting - Worldwide

H I G H L Y

C O N F I D E N T I A L
Page 510

1

Hotfile implement the Vobile video fingerprinting

2

technology?

3

A.

We understood this to be important to the plaintiffs.

4

Q.

Is it the case that Hotfile first approached Vobile only
after the plaintiff group suggested doing so?

5
6

MR. THOMPSON:

Objection, assumes facts.

7

BY MR. FABRIZIO:

8

Q.

Let me strike that and ask it this way; after the
institution of this litigation, Hotfile representatives

9
10

met with representatives of the plaintiff group,

11

correct?

12

A.

Correct.

13

Q.

And the plaintiff group's -- well, strike that.
I'm trying to be respectful of our discussions.

14
15

MR. THOMPSON:

Yeah.

16

BY MR. FABRIZIO:

17

Q.

I don't see how you can go there.

And it's a fact, is it not, that in the complaint the

18

plaintiffs filed in this action, the plaintiffs

19

indicated that Hotfile could and should be using video

20

fingerprint technology to prevent copyright

21

infringement, correct?

22

MR. THOMPSON:

Objection.

23

A.

24

BY MR. FABRIZIO:

25

Q.

The document speaks for itself.

I have some memories of some language saying that.

When did Hotfile first approach Vobile?

TSG Reporting - Worldwide

H I G H L Y

C O N F I D E N T I A L
Page 511

1

A.

I think it was end of April or May.

2

Q.

2011?

3

A.

Correct.

4

Q.

Did Hotfile research or consider the content

5

identification technologies of any other company other

6

than Vobile?

7

VIDEOGRAPHER:

It's calibrating -- whatever that is.

8

MR. FABRIZIO:

Sorry.

For the record, the printer in the

room started.

9
10

MR. THOMPSON:

Calibrating.

11

MR. GURVITZ:

12

MR. FABRIZIO:

13

BY MR. FABRIZIO:

14

Q.

Calibrating.
Let me repeat the question.

Did Hotfile research or consider the content

15

identification technologies of any other company besides

16

Vobile?

17

A.

other company.

18
19

I don't think Hotfile by itself ever researched any

Q.

Did anyone on behalf of Hotfile research other content
identification technologies?

20
21

A.

I'm not sure, but might be our counsel.

22

Q.

Anyone other than your counsel?

23

A.

No, I don't think so.

24

Q.

Did Hotfile take a license from Vobile for its servers?

25

A.

There is a contract.

I'm not sure if it's licensed.

TSG Reporting - Worldwide

H I G H L Y

C O N F I D E N T I A L
Page 512

1

Q.

Fair enough.

Is there a name for the product or service

of Vobile that Hotfile is using?

2
3

A.

Yes.

4

Q.

What is that name?

5

A.

Mediawise.
(Reporter clarification.)

6
7

MR. FABRIZIO:

8

BY MR. FABRIZIO:

9

Q.

Has Hotfile considered any other products or services
offered by Vobile?

10
11

Yes.

A.

Yes, we've been informed that Cloud 9 had technology

12

that appeared -- that was announced after we started

13

using Mediawise would be more appropriate for a service

14

like Hotfile.

15

Q.

Okay, and is that product V, Cloud 9?

16

A.

Yes, it is.

17

Q.

The number "9."

18

A.

Currently no.

19

Q.

Why not?

20

A.

Mostly developer and especially my time constraint is

Has Hotfile implemented V, Cloud 9?

21

connected in connection with this litigation, there

22

is -- and has been for some time.

23

Q.

24

MR. THOMPSON:

25

A.

I did implement.

Did you personally implement the Mediawise technology?
Objection, vague.

With some help from Vasil Kolev.

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BY MR. FABRIZIO:

2

Q.

Does Hotfile intend to deploy the V, Cloud 9 technology?

3

A.

Yes, it does intend.

4

Q.

And I'm trying to make sure I understand this correctly;

5

the reason why Hotfile has not yet deployed V, Cloud 9

6

relates to your personally being busy with activities

7

related to this litigation?

8

A.

Yes, that's -- that is part of it.

9

Q.

Is there any other part of it?

10

A.

I can't think of any other part.

11

Q.

Has Hotfile done any testing of the performance of the
Mediawise service from Vobile?

12
13

A.

Can you be more specific?

14

Q.

Sure.

Has Hotfile done any analysis of how well Vobile

technology performs?

15
16

A.

Not for Hotfile's own pleasure.

17

Q.

Has Hotfile conducted such an analysis for the pleasure
of anyone else?

18
19

A.

For the counsel.

20

MR. THOMPSON:

Mr. Titov, please don't testify about

anything your counsel asked you to do.

21
22

A.

23

BY MR. FABRIZIO:

24

Q.

25

Okay.

But, just to clarify, did Hotfile, or has Hotfile
conducted analyses of the performance of Vobile

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1

technology that it considers to be work product in this

2

case?

3

MR. THOMPSON:

4

of work product.
MR. FABRIZIO:

7

Well.

That obviously goes to disclosing it.
I'm not asking what he found out.

I just want to know if there is one.

8

A.

9

MR. FABRIZIO:

10

I instruct him not to answer.

Steve, you can't ask if there is a particular piece

5
6

Objection.

A.

May I end the discussion?
Yes.

Everything that we've got from Vobile as responses and

11

everything was produced in the case, so I think that

12

Kelly can do some research, whatever -- does that make

13

sense?

14

BY MR. FABRIZIO:

15

Q.

Yes, it makes sense, and there's nothing -- there's no

16

analyses that you're withholding from production, is

17

that what you're saying?

18

MR. THOMPSON:

19

A.

20

BY MR. FABRIZIO:

21

Q.

Okay --

22

A.

-- any search analysis that we performed can be

23

If --

We produced the data, not the analysis, but --

performed on this data for any period or any...

24

MR. FABRIZIO:

I understand, okay, so...

25

MR. THOMPSON:

We should make -- just make it clear for the

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1

record, Mr. Fabrizio, I will not allow the witness to

2

answer the question as to what analysis he has performed

3

at the request of his counsel --

4

MR. FABRIZIO:

No, I wasn't asking him --

5

MR. THOMPSON:

-- whether on Vobile or any other subject.

6

MR. FABRIZIO:

I wasn't asking him what analyses he

7

performed.

8

a matter of fact there is something that defendants

9

consider work product.

You would have to disclose that

much in a privilege log.

10
11

I was simply trying to ascertain whether as

MR. THOMPSON:

Well, Mr. Fabrizio, this -- this is our work

12

product, and we're not going to disclose it, period, I'm

13

not going to tell you what it is.

14

MR. FABRIZIO:

15

if it is.

16

MR. THOMPSON:

I'm not asking what it is.

I'm just asking

Well, you're free to ask him any factual

17

information you want which does not disclose work

18

product communications or work product analysis.

19

MR. FABRIZIO:

20

A.

Okay.

I don't think Hotfile ever created documents as part of
this analysis.

21
22

MR. THOMPSON:

23

BY MR. FABRIZIO:

24

Q.

25

Okay.

That does help.

When did Hotfile begin using the Vobile Mediawise
technology on the live Hotfile site?

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10

Q.

Have you formed a personal opinion as to the

11

effectiveness of the Vobile technology in identifying

12

copyrighted video content?

13

MR. THOMPSON:

Objection, calls for opinion.

You can

answer.

14
15

A.

No, I don't think I did.

16

BY MR. FABRIZIO:

17

Q.

Either way -- well, strike that.

18

Have you formed an opinion -- well, strike that.

19

Have you personally given any consideration to

20

whether the Vobile technology is effective in

21

identifying copyrighted video content?

22

A.

No, I don't think so.

23

Q.

Has Hotfile been receiving fewer DMCA notices from video

24

content owners since it began using the Vobile

25

technology?

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C O N F I D E N T I A L
Page 553

HIGHLY CONFIDENTIAL
CERTIFICATE OF COURT REPORTER

1
2
3
4
5
6

I, Fiona Farson, with TSG Reporting, hereby certify that the
testimony of the witness Anton Titov in the foregoing
transcript, taken on Wednesday, December 7, 2011 was
reported by me in machine shorthand and was thereafter
transcribed by me; and that the foregoing transcript is a
true and accurate verbatim record of the said testimony.

7
8
9

I further certify that I am not a relative, employee,
counsel or financially involved with any of the parties to
the within cause, nor am I an employee or relative of any
counsel for the parties, nor am I in any way interested in
the outcome of the within cause.

10
11
12
13
14
Signed: _____________________

15
Fiona Farson

16
Dated: 12-19-2011

17
18
19
20
21
22
23
24
25
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HIGHLY CONFIDENTIAL
CERTIFICATE OF DEPONENT

1
2
3

4
5
6

I, ANTON TITOV, hereby certify that I have read the
foregoing pages of my deposition of testimony taken in these
proceedings on Wednesday, December 7, 2011, and, with the
exception of the changes listed on the next page and/or
corrections, if any, find them to be a true and accurate
transcription thereof.

7

8
9

10
Signed:
11
Name:
12
Date:

ANTON TITOV

/O(J /itJ/J-

13
14

15
16
17
18

19
20
21
22
23

24
25

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1

HIGHLY CONFIDENTIAL

2

NAME OF CASE: Disney' Enterprises Inc. v. Hotfile Corp.

3

DATE OF DEPOSITION: 12-7-2011

4

NAME OF WITNESS: ANTON TITOV

5

Reason Codes:

6

1.

To clarify the record.

7

2.

To conform to the facts.
3.

8

To correct transcription errors.

Page

396

10

From

no

11

Page

402

12

From

Googles

13

Page

402

14

From

Googles

15

Page

418

16

From

17

Page

439

18

From

Lucyan

19

Page

458

20

From

onl:x:: the

21

Page
Line
Reason
19
483
3
to upload down the file from
From
to will pull down the file from

22

Line

16

9

Reason

3

to

to
Line

Line

Line

13

to
15

Reason
to

5

user field field
Line

Reason

24

Reason
to
Reason
to

Line

5

Reason
to

3

cookies
3

cookies
3

user inQut field
3

Luchian
5

only if the

23

24
25

ANTON TITOV

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HIGHLY CONFIDENTIAL

2

NAME OF CASE: Disney Enterprises Inc. v. Hotfile Corp.

3

DATE OF DEPOSITION: 12-7-2011

4

NAME OF WITNESS: ANTON TITOV

5

Reason Codes:

6

1.

To clarify the record.

7

2.

To conform to·the facts.
To correct transcription errors.

3.

8
436

9

Page

Line

10

From

11

Page

12

From

13

Page

14

From

Lucyan

15

Page

439

16

From

17

Page

Lucyan's
to
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18

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19

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20

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21

Page

22

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18

Lucyan
Line

436

to
23

Lucyan
Line

439

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to

24

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to

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2

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3

Luchian
3

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3

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3

Luchian's

to
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Reason - - to

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to

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23

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24

25

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TSG Reporting - Worldwide