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

Filing 450

RESPONSE in Opposition re 371 MOTION to Strike Defendants' Motion and Memorandum of Law to Strike the Declaration of Jennifer V. Yeh Filed in Support of Plaintiffs' Opposition to Defendant Anton Titov's Motion for Summary Judgment and to Defendant Hotfile Corp. >PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS HOTFILE CORPORATION AND ANTON TITOV'S SECOND MOTION TO STRIKE THE DECLARATION OF JENNIFER V. YEH (PUBLIC REDACTED VERSION)< filed by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc.. (Attachments: # 1 Affidavit Declaration of Jennifer V. Yeh in Support of Plaintiffs' Opposition to Defendants' Second Motion to Strike the Declaration of Jennifer V. Yeh (Public Redacted Version), # 2 Exhibit A to Declaration of J. Yeh, # 3 Exhibit B to Declaration of J. Yeh, # 4 Exhibit C to Declaration of J. Yeh, # 5 Exhibit D to Declaration of J. Yeh, # 6 Exhibit E to declaration of J. Yeh, # 7 Exhibit F to Declaration of J. Yeh, # 8 Exhibit G to Declaration of J. Yeh, # 9 Exhibit H to Declaration of J. Yeh, # 10 Exhibit I to Declaration of J. Yeh, # 11 Exhibit J to Declaration of J. Yeh, # 12 Exhibit K to Declaration of J. Yeh, # 13 Exhibit L to Declaration of J. Yeh)(Stetson, Karen)

EXHIBIT B

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

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CASE NO. 11-20427-WILLIAMS-TURNOFF

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DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM

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CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,

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COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.

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ENTERTAINMENT INC.,

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

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Defendants.
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________________________
AND RELATED CROSS-ACTION.

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________________________________________________________

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HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER

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VIDEOTAPED DEPOSITION OF BETSY ZEDEK, ESQUIRE

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PURSUANT TO FEDERAL RULE 30(b)(6)

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Los Angeles, California

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Tuesday, December 13, 2011

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Reported by:
CHERYL R. KAMALSKI

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CSR No. 7113

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Job No. 179149

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Sarnoff, A VERITEXT COMPANY
877-955-3855

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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-TURNOFF
DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM

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CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,

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COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.

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ENTERTAINMENT INC.,

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

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Defendants.
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_________________________
AND RELATED CROSS-ACTION.

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______________________________________________________

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HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER

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Videotaped Deposition of BETSY ZEDEK, ESQUIRE,

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pursuant to Federal Rule 30(b)(6), taken on behalf of

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Defendants and Counterclaimant, at 633 West Fifth

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Street, Suite 3600, Los Angeles, California, beginning

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at 9:37 a.m. and ending at 5:27 p.m. on Tuesday,

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December 13, 2011, before CHERYL R. KAMALSKI, Certified

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Shorthand Reporter No. 7113.

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Sarnoff, A VERITEXT COMPANY
877-955-3855

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APPEARANCES:
For Plaintiffs:
JENNER & BLOCK LLP
BY:
DUANE POZZA
Attorney at Law
1099 New York Avenue, NW, Suite 900
Washington, D.C. 20001-4412
202.639.6000

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For Defendants and Counterclaimant:
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FARELLA BRAUN + MARTEL LLP
BY:
JANEL THAMKUL
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Also Present:
ELIZABETH VALENTINA
Videographer:
CHRIS JORDAN
SARNOFF, a Veritext Company

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Sarnoff, A VERITEXT COMPANY
877-955-3855

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Q

Does Fox outsource any content protection

activities to vendors?

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A

Yes.

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Q

Could you generally describe what those

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activities are without getting into the actual

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investigative processes?

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A

I could describe them at a high level if there

are not concerns about privilege there.

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With respect to legal counsel, we retain legal

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counsel to advise and represent us in litigation and

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also on corporate matters or negotiations; with respect

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to our antipiracy services vendors, we retain them to

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search for, identify and act upon infringements.

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Q

How long has Fox been working with DtecNet?

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Sarnoff, A VERITEXT COMPANY
877-955-3855

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Q

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deposition.

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This was marked as Exhibit 3 in a previous

Have you seen this document before?
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I think so.

I haven't had time to go through

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and confirm it's what I think it is, but provided this

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is the plaintiffs' responses and objections to Hotfile's

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interrogatories No. 1 and 2, then, yes.

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Q

Could you please turn to page 8, the paragraph

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with the heading "By Twentieth Century Fox Film

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Corporation, Incorporated."

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excerpt.

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I'm going to read you an

"Plaintiff Twentieth Century Fox

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Film Corporation, Incorporated, became

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aware of the existence of Hotfile at

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the end of March 2009.

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vendor that searches for infringing

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activity on the Internet on behalf of

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Plaintiff Twentieth Century Fox Film

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Corporation identified infringing

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activity on the Hotfile's website and

An antipiracy

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Sarnoff, A VERITEXT COMPANY
877-955-3855

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I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby certify:

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That the foregoing proceedings were taken

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before me at the time and place herein set forth; that

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any witnesses in the foregoing proceedings, prior to

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testifying, were duly sworn; that a record of the

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proceedings was made by me using machine shorthand

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which was thereafter transcribed under my direction;

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that the foregoing transcript is a true record of the

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testimony given.

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Further, that if the foregoing pertains to

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the original transcript of a deposition in a Federal

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Case, before completion of the proceedings, review of

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the transcript [ ] was [ ] was not requested

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I further certify I am neither financially

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interested in the action nor a relative or employee

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of any attorney or any party to this action.

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IN WITNESS WHEREOF, I have this date subscribed
my name.

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Dated: 12/22/2011

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_________________________________
CHERYL R. KAMALSKI

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CSR No. 7113

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Sarnoff, A VERITEXT COMPANY
877-955-3855