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
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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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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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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
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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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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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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
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
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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
(877) 702-9580
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
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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
13
14
15
16
17
18
19
20
21
22
23
24
25
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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
(877) 702-9580
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
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C O N F I D E N T I A L
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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
TSG Reporting - Worldwide
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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
11
12
13
14
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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C O N F I D E N T I A L
Page 475
.
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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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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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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
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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
19
20
21
22
23
24
25
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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.
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Signed:
........................
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Fiona Farson
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Dated: 12-20-2011
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