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)

Yeh Exhibit 151

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF FLORIDA

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CASE NO. 11-20427-WILLIAMS

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

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Defendants.

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Deposition of JAMES BOYLE

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(Taken by the Plaintiffs)

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Raleigh, North Carolina

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December 21, 2011

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Reported by:

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Marisa Munoz-Vourakis RMR, CRR and Notary Public

TSg Job # 44315

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TSG Reporting - Worldwide

877-702-9580

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APPEARANCE OF COUNSEL:

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For the Plaintiffs:

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DUANE POZZA, ESQ.

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Jenner & Block

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1099 New York Avenue, NW, Suite 900

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Washington, DC 20001

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For the Defendants:

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DEEPAK GUPTA, ESQ.

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Farella Braun & Martel

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Russ Building

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235 Montgomery Street

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San Francisco, CA 94104

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Deposition of JAMES BOYLE, taken by the

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Plaintiffs, at Office Suites Plus, 3737 Glenwood

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Avenue, Suite 100, Raleigh, North Carolina, on the 21st

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day of December, 2011 at 11:04 a.m., before Marisa

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Munoz-Vourakis, Registered Merit Reporter, Certified

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Realtime Reporter and Notary Public.

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Page 13

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6

Q.

In the course of your research, do you have

any experience designing statistical studies?

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MR. GUPTA:

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Objection, vague and

ambiguous.

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A.

No, I do not.

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Q.

Are you trained in statistics?

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A.

No, I am not.

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Q.

In the course of your research, do you have

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any experience analyzing large data sets?

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MR. GUPTA:

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Objection, vague and

ambiguous.

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A.

No, I would say that I do not have the

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experience as a statistician analyzing large data sets.

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As an academic, I have to consider large amounts of

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data all of the time and try and draw conclusions from

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it, so it depends exactly what you mean by large data

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sets.

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Q.

In your research, do you have any

experience analyzing on line networks?
MR. GUPTA:

Objection, vague and

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Page 43
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Q.

representative sample of files that are on Hotfile?

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5

Did you attempt to identify a

MR. GUPTA:

Once again, objection,

that's vague and ambiguous.
A.

No.

If you look at my report, paragraph

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seven, you will find the sentence:

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Hotfile was not an exhaustive review of the files on

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Hotfile, nor does it purport to be a representative

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statistical sample of the uses of Hotfile as a whole.

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MR. GUPTA:

My examination of

Can we go off the record

for just a minute?

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(Off the record at 12:01 p.m.)

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(On the record at 12:02 p.m.)

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BY MR. POZZA:

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Q.

Looking at paragraph five of your report,

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the first sentence there, I promise we won't go through

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every single sentence, the first sentence says:

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primary task was to explore some examples of the

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noninfringing uses of the Hotfile system.

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Do you see that?

My

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A.

I do.

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Q.

Just for the record, what is the list of

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examples of noninfringing uses of the Hotfile system

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that you explored?

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C E R T I F I C A T E
I, Marisa Munoz-Vourakis, RMR, CRR and Notary Public,

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the officer before whom the foregoing proceeding was

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conducted, do hereby certify that the witness(es) whose

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testimony appears in the foregoing proceeding were duly

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sworn by me; that the testimony of said witness(es) were

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taken by me to the best of my ability and thereafter

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transcribed under my supervision; and that the foregoing

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pages, inclusive, constitute a true and accurate

10
11

transcription of the testimony of the witness(es).
I do further certify that I am neither counsel for,

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related to, nor employed by any of the parties to this

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action in which this proceeding was conducted, and

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further, that I am not a relative or employee of any

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attorney or counsel employed by the parties thereof, nor

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financially or otherwise interested in the outcome of the

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action.

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IN WITNESS WHEREOF, I have hereunto subscribed my name

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this 27th of December, 2011.
_______________________
MARISA MUNOZ-VOURAKIS

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Notary #20032900127

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Page 204
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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF FLORIDA

3

CASE NO. 11-20427-WILLIAMS

4
5
6
7
8

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

9
10

Plaintiffs,

11
v.
12
13

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

14

Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

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Continued Deposition of JAMES BOYLE

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Volume II

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(Taken by the Plaintiffs)

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Raleigh, North Carolina

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January 19, 2012

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Reported by:

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Marisa Munoz-Vourakis RMR, CRR and Notary Public

TSG Job # 45588

TSG Reporting - Worldwide

877-702-9580

Page 205
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APPEARANCE OF COUNSEL:

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For the Plaintiffs:

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DUANE POZZA, ESQ.

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Jenner & Block

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1099 New York Avenue, NW, Suite 900

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Washington, DC 20001

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8
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For the Defendants:

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DEEPAK GUPTA, ESQ.

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Farella Braun & Martel

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Russ Building

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235 Montgomery Street, 17th Floor

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San Francisco, CA 94104

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o0o

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Continued Deposition of JAMES BOYLE,

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taken by the Plaintiffs, at Office Suites Plus, 3737

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Glenwood Avenue, Suite 100, Raleigh, North Carolina, on

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the 19th day of January, 2012 at 9:38 a.m., before

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Marisa Munoz-Vourakis, Registered Merit Reporter,

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Certified Realtime Reporter and Notary Public.

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Page 278
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A.

No, I am not.

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Q.

Have you taken any steps to identify the

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number of files uploaded to Hotfile for storage

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purposes?

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A.

What I said in my report was that I

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provided one piece of information; namely, the number

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of files with zero registered downloads.

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was consistent with the file being used for storage,

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and then I said, I think twice in the report, that I

I said that

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didn't know what number of files were actually uploaded

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for storage, what number of those zero download files.

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And one of the reasons I said I didn't know was that

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that had been excluded from Dr. Waterman's study.

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So I don't know what number of files were
uploaded for storage.
I will note in addition, that some of the

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categories of downloads that would not be registered --

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excuse me -- yes, of downloads that would not be

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registered, which you mentioned, for example,

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Hotlinking, I gather, would not be registered as a

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download, might not indicate, might or might not

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indicate a usage of Hotfile for storage.

For example,

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Page 279
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noninfringing use, since one can imagine many scenarios

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in which a user is actually paying in order to provide

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access to a material, and I gather they would pay also

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for the bandwidth, which suggests to me, at least, the

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kind of licit uses of a service in the same way one can

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embed a YouTube video on one page's and use YouTube's

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9

But I would certainly repeat and stress
that no, I do not know what number of these 57 million

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uploads with no registered downloads are actually

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examples of storage.

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Page 462

SIGNATURE PAGE

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you.

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3

(Whereupon the deposition was
concluded at 5:43 p.m.)

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(Signature reserved.)

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~ßt¡

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Digitally signed by James Boyle
ON: cn=James Boyte, 0, OU,
email=[e-mail],c=US
Date: 2012.01.31 15:55:27 -05'OQ'

JAMES BOYLE

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11 SUBSCRIBED AND SWORN to before me this
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day of

, 2012

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16

NOTARY PUBLIC

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18 My Commission expires:
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Page 464
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C E R T I F I C A T E
I, Marisa Munoz-Vourakis, RMR, CRR and Notary Public,

3

the officer before whom the foregoing proceeding was

4

conducted, do hereby certify that the witness(es) whose

5

testimony appears in the foregoing proceeding were duly

6

sworn by me; that the testimony of said witness(es) were

7

taken by me to the best of my ability and thereafter

8

transcribed under my supervision; and that the foregoing

9

pages, inclusive, constitute a true and accurate

10
11

transcription of the testimony of the witness(es).
I do further certify that I am neither counsel for,

12

related to, nor employed by any of the parties to this

13

action in which this proceeding was conducted, and

14

further, that I am not a relative or employee of any

15

attorney or counsel employed by the parties thereof, nor

16

financially or otherwise interested in the outcome of the

17

action.

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IN WITNESS WHEREOF, I have hereunto subscribed my name

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this 23rd of January, 2012.

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___________________________
MARISA MUNOZ-VOURAKIS
Notary #20032900127

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TSG Reporting - Worldwide

877-702-9580