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 D

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.
_______________________________________________________

HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
VIDEOTAPED DEPOSITION OF MICHAEL BENTKOVER
Los Angeles, California
Tuesday, December 13, 2011

Reported by:
LORI SCINTA, RPR
CSR No. 4811
Job No. 177476A

MICHAEL BENTKOVER
HIGHLY 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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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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HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER

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Videotaped deposition of MICHAEL BENTKOVER,

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taken on behalf of Defendants and Counterclaimant

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at 633 West Fifth Street, Suite 3600, Los Angeles,

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California, beginning at 9:38 A.M. and ending at

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12:17 P.M. on Tuesday, December 13, 2011, before

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LORI SCINTA, RPR, Certified Shorthand Reporter No.

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4811.

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MICHAEL BENTKOVER
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

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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: [e-mail]

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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: [e-mail]

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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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MICHAEL BENTKOVER
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/13/2011

10:54

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10:54

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10:54

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the -- the email is July 1st, 2011 -- were you involved

10:54

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in searching for possible infringing material --

10:54

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material that infringes Warner's copyrights on Hotfile?

10:54

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MR. FABRIZIO:

Objection.

10:54

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THE WITNESS:

In July 2011?

10:54

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10:54

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10:54

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10:55

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10:55

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10:55

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Q

With all -- what vendors would you work with?

10:55

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A

OpSec.

10:55

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Q

Is that it?

10:55

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A

That's it.

10:55

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Q

Okay.

10:55

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10:55

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10:55

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10:55

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10:55

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10:55

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10:55

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Was OpSec the only entity that was searching

10:55

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for Warner-infringing material on -- or material that

BY MR. ENGSTROM:
Q

Were you involved at this time -- so this is

Vague.
Yes.

BY MR. ENGSTROM:
Q

What did you do with respect to searching for

possibly infringing material on Hotfile?
A

I didn't do anything with it.

I would work

with vendors who would find our content.

Were these vendors running Kapow, to

your knowledge?
MR. FABRIZIO:
witness's testimony.
THE WITNESS:

Objection.

Misstates the

He said only one vendor.
I don't understand the question.

BY MR. ENGSTROM:
Q

Okay.

Let's backtrack.

76

MICHAEL BENTKOVER
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

10:55

1

10:55

2

MR. FABRIZIO:

10:55

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speculation, lacks foundation.

10:55

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THE WITNESS:

10:55

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hired to look for our content.

10:55

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BY MR. ENGSTROM:

10:55

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10:55

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10:56

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MR. FABRIZIO:

10:56

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THE WITNESS:

10:56

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10:56

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10:56

13

10:56

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MR. FABRIZIO:

Objection.

10:56

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THE WITNESS:

Bret Boivin.

10:56

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MR. FABRIZIO:

10:56

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10:56

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10:56

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Q

Is that it?

10:56

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A

Yes.

10:56

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Q

Okay.

10:56

22

10:56

23

10:56

24

10:56

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12/13/2011

was infringing Warner's copyrights on Hotfile?

Q

Objection.

Calls for

OpSec was the only vendor that we

To your knowledge, were people within Warner

looking for Warner content on Hotfile?
Objection.

Vague.

Yes.

BY MR. ENGSTROM:
Q

Who within Warner, to your knowledge, was

looking for Warner content on Hotfile?
Vague as to time.

Are we still in the July 2011

timeframe?
MR. ENGSTROM:

Yes.
Only Bret Boivin?

He runs the Kapow system.
And do you know what he does with the

Kapow system -MR. FABRIZIO:

Objection --

BY MR. ENGSTROM:
Q

-- with respect to finding material on Hotfile

77

MICHAEL BENTKOVER
HIGHLY 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

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