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)

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Yeh Exhibit 153 HIGHLY CONFIDENTIAL Page 555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Page 556 1 2 3 4 5 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 6 7 8 9 10 11 12 13 14 15 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 16 17 18 19 20 21 22 23 24 25 TSG Reporting - Worldwide 877-702-9580 HIGHLY CONFIDENTIAL Page 557 1 2 3 4 5 6 7 8 9 10 Also present: Court reporter: Fiona Farson TSG Reporting Videographer: Simon Rutson TSG Reporting Interpreter: Assist. Prof. Boris Naimushin, Ph.D. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TSG Reporting - Worldwide 877-702-9580 HIGHLY CONFIDENTIAL Page 664 1 downloading behaviors of the users from these 2 54 countries are any different than the downloading 3 behaviors of the users from the countries that are not 4 on this list of 54? 5 MR. THOMPSON: 6 7 Objection, calls for speculation, lacks foundation. A. Again, as I said before, obviously Hotfile thinks that 8 these users are more -- users from these countries are 9 more likely to obtain a premium account. 10 BY MR. FABRIZIO: 11 Q. Does Hotfile believe that users from countries on the 12 list of 54 are likely to download different files than 13 users from countries that are not on the list of 54? 14 MR. THOMPSON: 15 A. 16 BY MR. FABRIZIO: 17 Q. Objection, vague and ambiguous and overbroad. I don't know. Do you have any reason to believe that users from 18 countries on the list of 54 download different files 19 than uses from countries that are not on the list of 54? 20 MR. THOMPSON: Same objection. 21 23 Q. Are you aware of any factor or consideration that would 24 lead you to believe that the downloading patterns of 25 users from countries on the list of 54 are different TSG Reporting - Worldwide 877-702-9580 HIGHLY CONFIDENTIAL Page 665 1 from the downloading patterns of users from countries 2 that are not on the list of 54? 3 MR. THOMPSON: 4 A. 5 BY MR. FABRIZIO: 6 Q. 7 Same objection. I can't think of anything. Have the list of 54 -- well, have the same 54 countries been on this list since the beginning of Hotfile? 8 A. No, I don't think so. 9 Q. So the list has changed over time? 10 A. Yes, I think so. 11 Q. How has the list changed? 12 A. I think that countries has been added -- added. 13 Q. Which countries have been added? 14 A. I don't know the full history of the list. 15 Q. Okay. 16 Can you describe for us how the site operator's affiliate program operates? 17 MR. THOMPSON: 18 answered. 19 A. 20 Objection, overbroad, also asked and It is a program where site owners would get commission of the sales, the users referred to by their website. 21 BY MR. FABRIZIO: 22 Q. TSG Reporting - Worldwide 877-702-9580 HIGHLY CONFIDENTIAL Page 730 1 HIGHLY CONFIDENTIAL CERTIFICATE OF COURT REPORTER 2 3 4 5 6 7 8 9 10 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. 11 12 13 14 15 16 17 Signed: ........................ Fiona Farson Dated: 12-20-2011 18 19 20 21 22 23 24 25 TSG Reporting - Worldwide 877-702-9580

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