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 C
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.
ENTERTAINMENT INC.,
Plaintiffs,
CASE NO.
11-20427-WILLIAMS-TURNOFF
vs.
HOTFILE CORP., ANTON TITOV,
and DOES 1-10,
Defendants.
_________________________
AND RELATED CROSS-ACTION.
_______________________________________________________
CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
VIDEOTAPED DEPOSITION OF DAVID P. KAPLAN, ESQUIRE
PURSUANT TO FEDERAL RULE 30(b)(6)
Los Angeles, California
Tuesday, December 13, 2011
Volume 1
Reported by:
LORI SCINTA, RPR
CSR No. 4811
Job No. 177476B
DAVID P. KAPLAN, ESQ.
CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
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UNITED STATES DISTRICT COURT
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12/13/2011
SOUTHERN DISTRICT OF FLORIDA
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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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6
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vs.
CASE NO.
11-20427-WILLIAMS-TURNOFF
HOTFILE CORP., ANTON TITOV,
and DOES 1-10,
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Defendants.
_________________________
AND RELATED CROSS-ACTION.
_______________________________________________________
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CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
Videotaped deposition of DAVID P. KAPLAN,
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ESQUIRE, Volume 1, pursuant to Federal Rule 30(b)(6),
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taken on behalf of Defendants and Counterclaimant,
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at 633 West Fifth Street, Los Angeles, California,
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beginning at 2:18 P.M. and ending at 4:58 P.M. on
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Tuesday, December 13, 2011, before LORI SCINTA, RPR,
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Certified Shorthand Reporter No. 4811.
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2
DAVID P. KAPLAN, ESQ.
CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
1
12/13/2011
APPEARANCES:
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For Plaintiffs:
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JENNER & BLOCK LLP
BY: STEVEN B. FABRIZIO
Attorney at Law
1099 New York Avenue, NW, Suite 900
Washington, D.C. 20001-4412
202.639.6000
Email: sfabrizio@jenner.com
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For Defendants and Counterclaimant:
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FARELLA BRAUN + MARTEL LLP
BY: EVAN M. ENGSTROM
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Email: eengstrom@fbm.com
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Videographer:
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VONYARN MASON
SARNOFF COURT REPORTERS
20 Corporate Park, Suite 350
Irvine, California 92606
877.955.3855
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DAVID P. KAPLAN, ESQ.
CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/13/2011
02:32
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infringes Warner Bros. Entertainment,
02:32
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Inc. rights, rather than sending an
02:32
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official takedown abuse notice every
02:32
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time URL's are identified."
02:32
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At this time, in April of 2009, how was Warner
02:32
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notifying Hotfile of material that Warner contended was
02:33
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infringing its copyrights on Hotfile?
02:33
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02:33
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02:33
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by sending an email to an address that was I think
02:33
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abuse@hotfile.com, or something like that.
02:33
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02:33
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know where to send takedown notices to have files
02:33
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removed from Hotfile?
02:33
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MR. FABRIZIO:
02:33
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THE WITNESS:
02:33
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know -- we didn't have a name or a real address or a
02:33
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phone number.
02:33
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BY MR. ENGSTROM:
02:33
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Q
02:33
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to Hotfile?
02:33
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A
02:34
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02:34
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02:34
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A
I believe we were sending an email to -- well,
electronically -- we were notifying them electronically
Q
Okay.
Did you -- did Warner at any time not
Objection.
Vague.
Well, we didn't -- we didn't
All we had was a -- that abuse address.
Was Warner ever unable to send takedown notices
I'm not sure I understand what you mean.
We were able to send notices to that abuse
address.
Q
Okay.
My question is:
Was there ever a time
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DAVID P. KAPLAN, ESQ.
CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/13/2011
02:40
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02:40
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02:40
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takedown tool which I'll refer to, alternately, as a
02:40
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special rightsholder account, or an SRA --
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02:40
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02:40
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A
I do.
02:40
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Q
Okay.
02:40
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02:40
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ever ask Hotfile to implement any policy or tool or
02:40
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practice that would limit the infringing material on
02:40
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Hotfile?
02:40
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02:41
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02:41
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02:41
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that exist between Warner's and Hotfile are in the
02:41
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handful of emails to this -- substantively to the abuse
02:41
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address.
02:41
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02:41
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takedown notices.
02:41
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BY MR. ENGSTROM:
02:41
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02:41
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communications asked Hotfile to implement any policy,
02:41
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technique or process to curb infringement on Hotfile
02:41
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other than the implementation of an SRA account?
the point that we're talking about here.
Q
Okay.
Other than asking for this rapid
Do you understand what I'm referring to if I
say those terms?
Other than asking Warner Bros. -- or
other than asking Hotfile for an SRA, did Warner Bros.
MR. FABRIZIO:
Objection.
Vague as to time and
compound.
THE WITNESS:
Again, the only communications
The other communications would all be strictly
Q
Does Warner contend that any of those
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DAVID P. KAPLAN, ESQ.
CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
12/13/2011
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I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby certify:
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 [ x ] 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 party to this action.
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IN WITNESS WHEREOF, I have this date
subscribed my name.
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Dated: 12-15-11
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________________________________
LORI SCINTA, RPR
CSR No. 4811
106
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