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

Filing 424

NOTICE by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc. re 423 Plaintiff's MOTION to Strike >PLAINTIFFS' MOTION AND MEMORANDUM OF LAW TO STRIKE PORTIONS OF DECLARATIONS OF PROFESSOR JAMES BOYLE, DR. ANDREW CROMARTY AND ANTON TIVO IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTIO >NOTICE OF FILING PUBLIC REDACTED VERSION OF DECLARATION OF JENNIFER V. YEH IN SUPPORTT OF PLAINTIFFS' MOTION TO STRIKE< (Attachments: # 1 Affidavit Declaration of Jennifer V. Yeh in Support of Plaintiffs' Motion to Strike, # 2 Exhibit 1 to Declaration of J. Yeh, # 3 Exhibit 2 to Declaration of J. Yeh, # 4 Exhibit 3 to Declaration of J. Yeh, # 5 Exhibit 4 to Declaration of J. Yeh)(Stetson, Karen)

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

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ATTORNEY FOR THE DEFENDANTS HOTFILE CORP.,
AND ANTON TITOV:
FARELLA, BRAUN & MARTEL
BY: RODERICK M. THOMPSON, ESQ.
235 Montgomery Street
San Francisco, California 94104
BOSTON LAW GROUP
VALENTIN GURVITS
825 Beacon Street
Newton Center, MA 02459

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Also present:

Court reporter:

Fiona Farson

TSG Reporting
Videographer:

Simon Rutson

TSG Reporting
Interpreter:

Assist. Prof. Boris Naimushin, Ph.D.

Technical expert:

Kelly Truelove

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MR. THOMPSON:

Objection.

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A.

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BY MR. FABRIZIO:

4

Q.

Asked and answered.

Yeah, for the particular URL will be disabled.
And after disabling that particular URL, would the URLs

5

for the other nine users in my illustration still be

6

able to download that file through the single hash

9

Q.

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

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It's kind of like he's here.

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MR. THOMPSON:

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

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MR. FABRIZIO:

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

I feel like a newscaster.

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14

MR. THOMPSON:

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BY MR. FABRIZIO:

16

Q.

Okay.

That's right.

Maybe a puppet, huh?

Sorry, my editor was talking.

Currently, Hotfile receives DMCA notices by regular

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mail, correct?

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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
CERTIFICATE OF COURT REPORTER

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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.
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.

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Signed:

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

Fiona Farson
Dated: 12/17/2011

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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

877-702-9580

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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

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ATTORNEY FOR THE DEFENDANTS HOTFILE CORP.,
AND ANTON TITOV:
FARELLA, BRAUN & MARTEL, LLP
BY: RODERICK THOMPSON, ESQ.
235 Montgomery Street
San Francisco, California 94104
BOSTON LAW GROUP
BY: VALENTIN GURVITS
825 Beacon Street
Newton Center, MA 02459

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Also present:

Court reporter:

Fiona Farson

TSG Reporting
Videographer:

Simon Rutson

TSG Reporting
Interpreter:

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

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Page 475
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be a child file, why didn't Hotfile disable the URLs for

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the parent file and all other child files?

3

MR. THOMPSON:

4

BY MR. FABRIZIO:

5

Q.

In this period prior to August of 2009.

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A.

I don't know.

7

Q.

In the same period, why didn't Hotfile disable the

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Objection, vague as to time.

single hash master reflected by those URLs?

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A.

We didn't still realize it is necessary.

10

Q.

So, again, in this period of August 2009 and earlier, if

11

an uploading user had made four copies using the Hotfile

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file copy feature, and a copyright owner wanted to give

13

Hotfile notice to prevent the infringement of that file,

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the copyright owner would have to identify and send

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notices for five different URLs?

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MR. THOMPSON:

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A.

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BY MR. FABRIZIO:

19

Q.

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21

24

In case five URLs are used, it could be the case.
What is the source of your information that this changed
and hash blocking began in the August of 2009 timeframe?

A.

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23

Objection, vague and complex, assumes facts.

General discussions with others, and trying to remember
when it started.

Q.

Is there any way to look at any database to make a more
definitive determination?

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A.

2

BY MR. FABRIZIO:

3

Q.

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I can't think of any.
The hash blocking functionality, that's implemented
through source code, correct?

5

A.

Correct.

6

Q.

What's the name of the source code file that implements

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hash blocking?
A.

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There is no source code name for blocking, just in any
place where a block should be enforced, there is an SQL

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update statement that will say "blocked field to 1."

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Q.

There is a -- what type of statement?

12

A.

SQL.

13

Q.

What does that stand for?

14

A.

Um --

15

Q.

Oh, SQL?

16

A.

Yes, query language.

17

MR. THOMPSON:

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A.

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BY MR. FABRIZIO:

20

Q.

Let me just --

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A.

Mm-hmm.

22

Q.

And you said it would say "blocked field"?

23

A.

It will say "blocked field 1" like the document on here.

24

Q.

And just lastly, before we take our break, the source

I am a bit cooked.

Can I... ?

Take a break.

Take a break?

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Q.

You consider yourself a technologist, do you not?

2

A.

Yeah, I do.

3

Q.

Do you consider Mr. Vangelov a technologist?

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A.

I won't say so.

5

Q.

Do you consider Mr. Stoyanov a technologist?

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A.

To a certain extent.

7

Q.

And does he write computer code?

8

A.

To my best knowledge, he used to, like 20 years ago.

9

Q.

Excuse me -- did he write any of the code for Hotfile?

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A.

No, he did not.

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Q.

Did Mr. Vangelov?

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A.

No, he did not.

13

Q.

Other than you and Mr. Chuburov, did anybody else write

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the code for Hotfile?
A.

Vasil Kolev can write a code, but most of the time he

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doesn't enjoy the process, so, if it's very necessary to

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do some fix, he might do it, but it's not his general

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Q.

In addition to his responsibilities in communicating

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with users, did Mr. Ianakov promote Hotfile through

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internet forums and the like?

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MR. THOMPSON:

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A.

Objection, vague.

Not since the beginning.
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BY MR. FABRIZIO:

2

Q.

But in the beginning he did?

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A.

I believe so.

4

Q.

Okay.

5

A.

I think so.

6

Q.

And you approved of him doing it at the beginning?

7

A.

I guess I didn't say anything, so ...

8

Q.

You understood he was trying to help Hotfile become more

9

And you knew he was doing it at the beginning?

well-known and gain users, correct?

10

A.

I think it was my understanding, yes.

11

Q.

So you considered his activities good for Hotfile?

12

MR. THOMPSON:

13

A.

14

22

Objection, vague.

I don't know about all his activities but, generally,
yes.

Q.

Sorry for that short digression.

I want to go back to

23

the remote upload feature for a minute, and to help try

24

and place the timing of when the feature ceased to exist

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HIGHLY CONFIDENTIAL
CERTIFICATE OF COURT REPORTER

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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.
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.

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Signed: _____________________
Fiona Farson
Dated: 12-19-2011

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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 IV
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
Thursday, December 8, 2011
Job #44430
AT: 9:10 a.m.
TSG Reporting - Worldwide

877-702-9580

HIGHLY CONFIDENTIAL

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

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ATTORNEY FOR THE DEFENDANTS HOTFILE CORP.,
AND ANTON TITOV:
FARELLA, BRAUN & MARTEL
BY: RODERICK THOMPSON, ESQ.
235 Montgomery Street
San Francisco, CA 94104
BOSTON LAW GROUP
By: VALENTIN GURVITS, ESQ.
825 Beacon Street
Newton Center, MA 02459

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Also present:

Court reporter:

Fiona Farson

TSG Reporting
Videographer:

Simon Rutson

TSG Reporting
Interpreter:

Assist. Prof. Boris Naimushin, Ph.D.

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Page 574
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MR. THOMPSON:

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Objection, lacks foundation, calls for

speculation.

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A.

4

BY MR. FABRIZIO:

5

Q.

Do you know any?

6

A.

Nothing that I can recall.

7

Q.

Okay.

I don't really know.

Was he given discretion to select his own forums

8

and blogs and places where he would promote Hotfile, or

9

did you have to tell him which ones to use?

10

MR. THOMPSON:

11

Objection, assumes facts not in evidence,

misconstrues prior testimony.

12

A.

13

BY MR. FABRIZIO:

14

Q.

15

MR. THOMPSON:

18

Q.

19

I don't think I ever told him where for ...
So was he permitted to make his own selections?
Again, assumes facts not in evidence.

Do you recall ever telling him to stop promoting on any
particular site or forum?

20

A.

No, I don't recall.

21

Q.

Okay.

22
23
24

Was he -- was Mr. Ianakov permitted to enlist

other people to help him promote Hotfile?
MR. THOMPSON:

Objection, assumes facts not in evidence,

misconstrues prior testimony.

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HIGHLY CONFIDENTIAL
CERTIFICATE OF COURT REPORTER

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I, Fiona Farson, with TSG Reporting, hereby certify that the
testimony of the witness Anton Titov in the foregoing
transcript, taken on Thursday, December 8, 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.
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.

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Signed:

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

Fiona Farson
Dated: 12-20-2011

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