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

Filing 449

NOTICE by Hotfile Corp., Anton Titov Defendants' Notice of Filing the Publicly Filed Version of the Declaration of Andrew Leibnitz and Exhibits Thereto Filed In Support of Defendants' Opposition to Plaintiffs' Motion to Strike Portions of Boyle, Cromarty and Titov Declaration (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, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16)(Munn, Janet)

Exhibit 1

Highly Confidential
Page 1
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 I
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
Monday, December 5, 2011
Job Number: 44174
TSG Reporting - Worldwide

800-702-9580

Highly Confidential
Page 2
1
2
3
4

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

5
6
7
8
9
10
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
15

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

16
17
18
19
20
21
22
23
24
25

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Page 3
1

Also present:

2

Court reporter:

3

Fiona Farson
TSG Reporting

4
5
6

Videographer:
Simon Rutson
TSG Reporting

7
8
9

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

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

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Page 30
1

Q.

2

And you said "we"; who is the "we" in your sentence?
Did that include you?

3

MR. THOMPSON:

Objection, compound.

4

BY MR. FABRIZIO:

5

Q.

Well, let me ask the question this way:

Who

6

participated in the decision to redesign the Hotfile

7

website in the beginning of 2010?

8

A.

It was probably me,

9

Q.

.

Do you,

have an

10

understanding as to which responsibilities each of you

11

will take primary -- let me rephrase the question.

12

Did you,

have an

13

allocation of responsibilities among yourselves with

14

regard to the Hotfile system?

15

MR. THOMPSON:

16

A.

17

Objection, vague and overbroad.

There are some principal understandings, but they're not
really hardly defined.

18

BY MR. FABRIZIO:

19

Q.

What are those understandings?

20

A.

I would generally cover everything that goes on the

21

technical part.

would be normally responsible for

22

finances, and I would say that he's a bit more involved

23

in day-to-day operations.

24

generally -- would generally deal with potential

25

investors, advertising on the site, to the extent we

And

TSG Reporting - Worldwide

would be

800-702-9580

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1

have it, and some communication, just -- some external

2

contractors, people.

3

Q.

4

But you said the roles are not particularly -- are not
strictly defined?

5

MR. THOMPSON:

6

A.

7

BY MR. FABRIZIO:

8

Q.

Is that correct?

9

Objection, vague.

I won't say that they are strictly defined, yes.

Do you have any role in the day-to-day operations of the
Hotfile website?

10

MR. THOMPSON:

11

A.

Objection.

Overbroad, vague.

I wouldn't say day to day, because days can pass --

12

a lot of days can pass without me doing anything.

13

I have some, I would say, recurring duties.

14

BY MR. FABRIZIO:

15

Q.

What are your recurring duties?

16

A.

But

I am responsible for making the payments to the

17

affiliates every Monday.

18

Q.

19

MR. THOMPSON:

20

A.

21

BY MR. FABRIZIO:

22

Q.

23
24
25

Who's paying the affiliates today, as you sit here?
Objection, assumes facts.

Today is a long day.

Understand.

What other responsibilities do you have

that are recurring?
A.

I wouldn't say that there is anything.

It really

depends if I -- I have certain duties to oversee, the

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1
2

don't you say it again.
A.

General operations would be -- begin once the site

3

starts operating.

Everything else before that is

4

development, in my understanding.

5

Q.

Okay.

6

A.

Do you agree?

7

Q.

That's fair enough.

8

A.

So, from the beginning or almost from the beginning,

9

Andre Ianakov would be responsible for communications

10

with users, and handling DMCA takedown notices.

11

Q.

12

MR. THOMPSON:

13

Is Mr. Ianakov a manager?
Objection, vague.

Calls for a legal

conclusion.

14

BY MR. FABRIZIO:

15

Q.

16

Let me ask it this way:

Does Mr. Ianakov have a title

at Hotfile?

17

A.

I don't think anybody at Hotfile really has a title.

18

Q.

Is Mr. Ianakov employed by Hotfile Corporation?

19

A.

He's employed by

20
21

but works -- he does

work for Hotfile Corporation, yes.
Q.

22

To your knowledge, does he perform work for any other
company?

23

A.

I am not aware of any.

24

Q.

And you said communicates with users and DMCA takedown

25

notices.

Does Mr. Ianakov have any other general

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1
2

operations responsibilities?
A.

3
4

I don't think anything else would be -- could be defined
as his responsibility.

MR. THOMPSON:

Mr. Fabrizio, perhaps you should get the

5

spelling, for the record.

6

a little differently than the witness is.

7

MR. FABRIZIO:

8
9

Okay.

I think you're pronouncing it

I have the spelling for Ianakov as

I-A-N-A-K-O-V.
A.

That's one of the valid spellings.

10

BY MR. FABRIZIO:

11

Q.

12

Does anybody else have responsibility for general
operations of Hotfile?

13

A.

At a certain point, Stanislav Manov.

14

Q.

And that's S-T-A-N-I-S-L-A-V, M-A-N-O-V?

15

A.

Exactly.

16

Q.

When did Mr. Manov assume responsibilities for general

17
18

operations?
A.

19
20

I believe.
Q.

21
22

He started helping Andre Ianakov in spring 2010,

So prior to spring of 2010, it was just Mr. Ianakov
handling operations?

A.

I'm not sure of what your definition of "operations" is.

23

He was handling communications with users and, again,

24

DMCA takedown notices.

25

Q.

Did Mr. Ianakov report to anybody else?

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1

MR. THOMPSON:

2

A.

Objection, vague.

I don't think he -- we have strictly defined reporting

3

structure, but it is my impression that he would

4

normally report to

5

technical problems would be reported to me.

6

Q.

8

MR. THOMPSON:

9

A.

And of course

BY MR. FABRIZIO:

7

.

Professionally, you were Mr. Ianakov's superior?
Objection, vague and ambiguous.

I consider myself superior to Mr. Ianakov.

10

BY MR. FABRIZIO:

11

Q.

If you gave him instructions about things to do with

12

Hotfile, you would expect him to carry them out because

13

you told him to, correct?

14

MR. THOMPSON:

15

A.

Objection, overbroad.

I would expect so.

But to the extent if he thinks that

16

instruction I'm giving him he's considering unimportant,

17

he show choice, he would probably ask if I conferred

18

with

.

19

BY MR. FABRIZIO:

20

Q.

Okay.

Other than Mr. Ianakov and eventually Mr. Manov,

21

has anybody else worked on the general operations of

22

Hotfile?

23

MR. THOMPSON:

24

A.

25

Objection, vague.

It really depends what you -- how you define "general
operations."

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Highly Confidential
Page 189
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 Monday, December 5, 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:

December 15th, 2011

17
18
19
20
21
22
23
24
25
TSG Reporting - Worldwide

800-702-9580

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]

Highly Confidential
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

6
7
8
9
10
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

15
16
17
18
19
20
21
22
23
24
25
TSG Reporting - Worldwide

[phone]

Highly Confidential
Page 193
1

Also present:

2

Court reporter:

3

Fiona Farson
TSG Reporting

4
5
6

Videographer:
Simon Rutson
TSG Reporting

7
8
9

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

10
11
12

Technical expert:
Kelly Truelove

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14
15
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17
18
19
20
21
22
23
24
25

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[phone]

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[phone]

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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
17
18
19
20
21
22
23
24
25
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

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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

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12
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C O N F I D E N T I A L
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C O N F I D E N T I A L
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H I G H L Y

C O N F I D E N T I A L
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.

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C O N F I D E N T I A L
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H I G H L Y

C O N F I D E N T I A L
Page 493

1

Q.

You consider yourself a technologist, do you not?

2

A.

Yeah, I do.

3

Q.

Do you consider

4

A.

I won't say so.

5

Q.

Do you consider

6

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?

10

A.

No, he did not.

11

Q.

Did

12

A.

No, he did not.

13

Q.

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

a technologist?

the code for Hotfile?

14
15

a technologist?

A.

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

16

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

17

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

18

practice to do so.

19

Q.

What about Mr. Ianakov?

20

A.

No, I don't think he writes any code.

21

Q.

In addition to his responsibilities in communicating

22

with users, did Mr. Ianakov promote Hotfile through

23

internet forums and the like?

24

MR. THOMPSON:

25

A.

Objection, vague.

Not since the beginning.

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C O N F I D E N T I A L
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H I G H L Y

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
TSG Reporting - Worldwide

H I G H L Y

C O N F I D E N T I A L
Page 555

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)

Job #44430

30(b)(6) DEPOSITION OF ANTON TITOV
Radisson Blu Hotel
Sofia, Bulgaria
Thursday, December 8, 2011
AT: 9:10 a.m.
TSG Reporting - Worldwide

H I G H L Y

C O N F I D E N T I A L
Page 556

1
2
3
4

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

5
6
7
8
9
10
11

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

12
13
14

BOSTON LAW GROUP
By: VALENTIN GURVITS, ESQ.
825 Beacon Street
Newton Center, MA 02459

15
16
17
18
19
20
21
22
23
24
25

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C O N F I D E N T I A L
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1

Also present:

2

Court reporter:

3

Fiona Farson
TSG Reporting

4
5
6

Videographer:
Simon Rutson
TSG Reporting

7
8
9

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

10
11
12
13
14
15
16
17
18
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22
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C O N F I D E N T I A L
Page 574

1

MR. THOMPSON:

2

Objection, lacks foundation, calls for

speculation.

3

A.

I don't really know.

4

BY MR. FABRIZIO:

5

Q.

Do you know any?

6

A.

Nothing that I can recall.

7

Q.

Okay.

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:

16

A.

17

BY MR. FABRIZIO:

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.

I can't recall.

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

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

24
25

Was he -- was Mr. Ianakov permitted to enlist

Objection, assumes facts not in evidence,

misconstrues prior testimony.
A.

Can I have the question again?

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C O N F I D E N T I A L
Page 730

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 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.

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
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Dated: 12-20-2011
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TSG Reporting - Worldwide