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

Filing 426

NOTICE by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc. re 425 Reply to Response to Motion,, >>PLAINTIFFS' NOTICE OF FILING PUBLIC REDACTED VERSIONS OF REPLY DECLARATIONS IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT<< (Attachments: # 1 Affidavit Reply Dweclaration of Jennifer V. Yeh in Support of Plaintiffs' Motion for Summary Judgment (public redacted version), # 2 Exhibit 151 to Declaration of J. Yeh, # 3 Exhibit 152 to declaration of J. Yeh, # 4 Exhibit 153 to Declaration of J. Yeh, # 5 Exhibit 154 to declaration of J. Yeh, # 6 Exhibit 155 to Declaration of J. Yeh, # 7 Exhibit 156 to declaration of J. Yeh, # 8 Affidavit Reply Declaration of Dr. Ian Foster in Support of Plaintiffs' Motion for Summary Judgment (public redacted version), # 9 Exhibit A to Declaration of I. Foster, # 10 Exhibit B to Declaration of I. Foster, # 11 Affidavit Reply Declaration of Dr. Richard Waterman in Support of Plaintiffs' MSJ (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 PLAINTIFFS’
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 the plaintiffs

Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios
Productions LLLP, Columbia Pictures Industries, Inc., and Warner Bros. Entertainment Inc. 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 151 is a true and correct copy of excerpts of the deposition

of Professor James Boyle, taken on Dec. 21, 2011 and Jan. 19, 2012 in the above-captioned case.
3.

Attached hereto as Exhibit 152 is a true and correct copy of excerpts of the deposition

of Dr. Daniel Levy, taken on Jan. 17, 2012 in the above-captioned case.
4.

Attached hereto as Exhibit 153 is a true and correct copy of excerpts of the deposition

of defendant Anton Titov, in his personal capacity and as Fed. R. Civ. P. 30(b)(6) representative
of defendant Hotfile Corp., taken from Dec. 5 to Dec. 8, 2011 in the above-captioned case.
5.

Attached hereto as Exhibit 154 is a true and correct copy of a printout of a screenshot

from the website FileMirrors.Info, printed on March 9, 2012 from the indicated URL.
6.

Attached hereto as Exhibit 155 is a true and correct copy of a printout of a screenshot

of the Affiliate page of the Hotfile website, printed on July 28, 2010 from the indicated URL.
7.

Attached hereto as Exhibit 156 is Appendix A to Plaintiffs’ Reply Memorandum of

Law in Support of Plaintiffs’ Motion for Summary Judgment, a demonstrative illustrating data
related to ‘zero-download’ files on the Hotfile system. Dr. Ian Foster analyzed this data and
determined that over
another

of the “zero-download” files were deleted by Hotfile for “inactivity”,

of the “zero-download” files were deleted either because the file was identified as

infringing or because the user was terminated as a repeat infringer, and less than
download files (only
Foster Reply Decl. ¶ 11.

of the zero-

of all files ever uploaded to Hotfile) are actually active files. See

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

Executed on March 16, 2012.

_____________________________
Jennifer V. Yeh