Disney Enterprises, Inc. et al v. Hotfile Corp. et al
Filing
81
MEMORANDUM of Law re 72 Plaintiff's MOTION to Compel RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES (Public Redacted Version)Plaintiff's MOTION to Compel RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES (Public Redacted Version) Memorandum of Law of Defendants Hotfile Corporation and Anton Titov In Opposition to Plaintiffs' Motion to Compel Responses to Requests for Production and Interrogatories by Hotfile Corp., Anton Titov. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit 2, # 18 Exhibit 3, # 19 Exhibit A)(Munn, Janet)
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EXHIBIT I
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20427-JORDAN
DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM CORPORATION,
UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES, INC., and
WARNER BROS. ENTERTAINMENT INC.,
Plaintiffs,
v.
HOTFILE CORP., ANTON TITOV, and
DOES 1-10.
Defendants.
/
-------------------------------------DEFENDANT'S RESPONSES TO PLAINTIFFS' FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS
PROPOUNDING PARTY:
Plaintiffs Disney Enterprises, Inc., Twentieth Century Fox
Film Corporation, Universal City Studios Productions
LLLP, Columbia Pictures Industries, Inc., and Warner
Bros. Entertainment
RESPONDING PARTIES:
Defendants Hotfile Corporation and Anton Titov
(collectively "Hotfile") 1
SET NO.:
One (1)
GENERAL OBJECTIONS
1.
Hotfile has not completed its investigation of facts, witnesses or documents
IThe Defendants reserve their respective rights to assert all appropriate separate defenses. In particular, Mr. Titov
has moved to dismiss all claims against him individually and specifically denies that he has the ability to supervise
any alleged infringing activity or has a fmancial interest in such activity. See Motion and Memorandum Etc., filed
3/31/11, Dkt. 50 at 17. Mr. Titov is included in the shorthand term "Hotfile" along with Hotfile Corp. solely as a
convenience and in light of the Parties agreement "that discovery requests served by one side on the opposing side
will be equally applicable to all parties on the other side." Joint Scheduling Conference Report, filed 4/15/11, Dkt.
54 at 16. Nothing in these responses is an admission by Anton Titov or Hotfile Corp. of any particular relationship
between them or any other fact.
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CASE NO. 11-20427-JORDAN
relating to this case, has not completed discovery, has not completed analysis of available
information, and has not completed preparation for trial. Hotfile reserves the right to supplement
its response to each and every request for production of documents (or part thereof) without
obligating itselfto do so, and reserves the right to introduce and rely upon such infOlmation in
the course of this litigation.
2.
All ofthe responses set forth below are based solely on such information and
documents that are available to and specifically known to Hotfile at this time. It is anticipated
that further discovery, independent investigation, and analysis may lead to substantial additions
or changes in, and variations from the responses set forth herein.
3.
Hotfile objects to this request for production to the extent that it is vague,
ambiguous, overbroad, and requires an unduly burdensome search for and production of,
documents that are neither relevant to the subject matter involved in the pending action nor
reasonably calculated to lead to the discovery of admissible evidence, and which will result in
unnecessary burden and undue expense to Hotfile.
4.
Hotfile objects to this request for production to the extent that it seeks disclosure
of information or documents protected from disclosure or production by the attorney-client
privilege, the attorney work-product doctrine, or any other privilege available under statutory,
constitutional or common law. Inadvertent production of any such information or documents
shall not constitute waiver of any privilege or any other ground for objecting to discovery with
respect to such information or documents, nor shall inadvertent production waive Hotfile's right
to object to the use of any such information or documents in any proceedings.
5.
Hotfile objects to this request for production to the extent that it seeks
electronically stored information that is not reasonably accessible to Hotfile because of undue
burden or cost.
6.
Hotfile objects to this request for production to the extent that it calls for
disclosure of private, proprietary, and confidential information. Hotfile will not produce any
documents - including, but not limited to, documents containing private, proprietary, and/or
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CASE NO. 11-20427-JORDAN
confidential information - unless and until a Protective Order is issued in this litigation. Hotfile
reserves its right to object to disclosure of any private, proprietary, and confidential information
in light of the terms of the Protective Order in this litigation.
7.
Hotfile objects to each of the Requests to the extent it seeks proprietary
information of third parties which Hotfile is not authorized to disclose. Hotfile will not produce
documents containing private, proprietary, and/or confidential information unless and until a .
Protective Order is issued in this litigation. Hotfile further reserves its right, notwithstanding any
Protective Order, to object to production of any private, proprietary, personal, financial,
confidential or other similar information based on any state, federal, or international standards or
laws governing privacy.
8.
Hotfile objects to the Definition of "Hotfile users" as vague, ambiguous, and
overbroad. As currently defined, that term purportedly refers to every internet user who has ever
accessed the Hotfile.com website for any purpose, irrespective of whether a given individual has
actually downloaded files from or uploaded files to Hotfile.com. It is impossible for Hotfile to
know the identity of every person who has ever accessed the Hotfile website.
To the extent that Plaintiffs' Requests seek information regarding or related to all such
internet users, such requests are unduly burdensome and not reasonably calculated to lead to the
discovery of admissible evidence.
9.
Hotfile objects to the Definition of "You" as overbroad. As currently defined,
that term would include any entity, business venture, or organization subject to Anton Titov's
control (assuming any such entity, business venture or organization exists), irrespective of
whether such entity has any relation or relevance to the present dispute. To the extent that
Plaintiffs' Requests seek information regarding or related to all such entities, such requests are
unduly burdensome and not reasonably calculated to lead to the discovery of admissible
evidence.
10.
Hotfile objects to the Definition of "Hotfile entity" as overbroad. As currently
defined, that term would include any entity, business venture, or organization subject to any
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CASE NO. 11-20427-JORDAN
Defendant's control (assuming any such entity, business venture or organization exists),
irrespective of whether such entity has any relation or relevance to the present dispute. To the
extent that Plaintiffs' Requests seek information regarding or related to all such entities, such
requests are unduly burdensome and not reasonably calculated to lead to the discovery of
admissible evidence. Hotfile will respond to these Requests on behalf of themselves, and will
produce documents within their possession, custody, or control.
11.
Hotfile objects to the Definition of "User Data" as overbroad and unduly
burdensome. As currently defined, that term purportedly includes "all electronic data" within
Hotfile's possession reg~rding any Hotfile user, irrespective of whether such data has any
relation or relevance to the present dispute. To the extent that Plaintiffs' Requests seek "all
electronic data" regarding Hotfile users, such requ~sts are unduly burdensome, not reasonably
calculated to lead to the discovery of admissible evidence, and violative of United States and
foreign privacy laws.
12.
Hotfile objects to the Definition of "Affiliate Data" as overbroad and unduly
burdensome. As currently defined, that term purportedly includes "all electronic data" within
Hotfile's possession regarding any Hotfile Affiliate user or the Hotfile Affiliate program
generally, irrespective of whether such data has any relation or relevance to the present dispute.
To the extent that Plaintiffs' Requests seek "all electronic data" regarding the Hotfile Affiliate
program and Affiliate users, such requests are unduly burdensome, not reasonably calculated to
lead to the discovery of admissible evidence, and violative of United States and foreign privacy
laws.
13.
Hotfile objects to the providing of information about activities outside the United
States as overbroad and unduly burdensome. "Federal copyright law has no extraterritorial
effect, and cannot be invoked to secure relief for acts of infringement occurring outside the
United States." Palmer v. Braun, 376 F.3d 1254, 1258 (11th Cir. 2004). Hotfile objects to all
requests that seek production of documents related to conduct occurring outside the United
States.
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CASE NO. 11-20427-JORDAN
14.
HotfDe objects to providing infOlmation about alleged copyrighted material other
than the titles specifically identified in Exhibit A to the Complaint.
Unless otherwise noted,
Hotfile will only respond with respect to such titles, as they are the only alleged copyrighted
materials presently in dispute in this action. Hotfile further objects that it is umeasonably
burdensome and wasteful to impose on Hotfile the task of attempting to match any content files
uploaded on Hotfile.com to the works identified in Exhibit A to the Complaint. Hotfile users
have uploaded literally .tens of millions of content files and Hotfile has ,no feasible method for
determining which of those files may correspond to any ofthe works identified in Exhibit A to
the Complaint. This umeasonable burden is especially objectionable given that Plaintiffs have
represented th<l;t they have a listing of the links to content on hotfile.com that Plaintiffs content to
house infringing content but Plaintiffs have refused to provide the list to Hotfile for purposes of
responding to discovery.
15.
Hotfile objects to this request for production to the extent it imposes on Hotfile
obligations that exceed or are inconsistent with the obligations imposed by the Federal Rules of
Civil Procedure.
16.
Hotfile objects to this request for production to the extent it imposes on Hotfile
obligations that are inconsistent with United States or foreign privacy laws.
17.
All responses to this request for production are made without in any way waiving
or intending to waive, but on the contrary preserving and intending to preserve:
a.
all objections as to the competence, relevance, and admissibility of any
documents or information produced in response to these requests for production as
evidence for any purpose in subsequent proceedings or at the trial of this or any other
action, arbitration, proceeding or investigation;
b.
the right to object on any ground at any time to the use of any ofthe
documents or information provided in response to these requests for productions, or the
subject matter thereof, in any subsequent proceedings or at any trial(s) of this action, or
any other action, arbitration, proceeding or investigation; and
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CASE NO. 11-20427-JORDAN
c.
the right to object on any ground at any time to a demand for further
responses to this request for production or any other requests, or to other discovery
.proceedings involving or relating to the subject matter of these requests for production of
documents.
18.
The general objections stated herein are incorporated by reference into each
response herein, as if fully set forth below. While Hotfile has responded to this request for
production, it does so without waiving any right to object to any further inquiry or any effort to
compel responses beyond those provided herein. Any response provided herein is subject to, and
limited by, all general and specific objections stated herein.
RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST FOR PRODUCTION NO.1:
Subject to Instruction 22 supra, all Content Reference Data.
RESPONSE TO REQUEST FOR PRODUCTION NO.1:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad, unduly burdensome, and not
reasonably calculated to lead to the discovery of admissible evidence insofar as it seeks Content
Reference Data for all files ever uploaded to, stored on and/or downloaded Hotfile.com, without
any limitation whatsoever. This request covers millions offiles, many or most of which have no
relationship to the two claims of copyright infringement set forth in the Complaint and/or the
approximately 150 titles identified in Exhibit A to the Complaint as to which infringement is
claimed. Hotfile further objects to this request to the extent that it demands that Hotfile produce
documents that would require Hotfile to violate United States or European privacy laws by
requesting personal and/or financial information about Hotfile users. Hotfile further objects to
this request to the extent it seeks documents not in the possession, custody, or control of Hotfile
and insofar as it would require Hotfile to create documents that do not presently exist. Hotfile
further objects to this request as overbroad, unduly burdensome, and not reasonably calculated to
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CASE NO. 11-20427-JORDAN
lead to the discovery of admissible evidence insofar as it seeks documents or information related
to alleged copyright infringement activity occurring entirely outside the United States. As
United States copyright law has no extraterritorial effect, such activities are not relevant to the
present dispute.
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive data in its possession, custody, or control ifit exists for video files
uploaded or downloaded in the United States whose filename matches one of the copyrighted
works specifically identified in the complaint or otherwise identified by Plaintiffs as infringing,
to the extent that such documents are located through a reasonable and diligent search, such data
to include:
1.
the numerals in the Hotfile URL;
2.
the Hotfile-assigned identifier;
3.
the Hotfile user identification number and redacted IP address for the
uploading Hotfile user;
4.
the Hotfile user-supplied filename;
5.
the size in bytes;
6.
the date and time of uploading to Hotfile;
7.
the redacted IP address from which each such file was uploaded to Hotfile;
8.
the number of times each such file has been downloaded from Hotfile,
9.
when each such file was downloaded;
10.
whether each such file is a copy of another file and the unique identifier
associated with such copies;
11.
whether the file remains active; and
12.
pursuant to response to Request No.5, any takedown notice that may be
associated with each such file.
REQUEST FOR PRODUCTION NO.2:
Subject to mstruction 22 supra, all User Data.
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CASE NO. 11-20427-JORDAN
RESPONSE TO REQUEST FOR PRODUCTION NO.2:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad, unduly burdensome and not
reasonably calculated to lead to the discovery of admissible evidence insofar as it seeks "all
electronic data" reflecting information about Hotfile users and it seeks information concerning
all Hotfile users without any limitation whatsoever. This request purports to cover anyone who
has ever uploaded or downloaded files on Hotfile' s system, which covers millions of files, many
or most of which have no relationship to the two claims of copyright infringement set forth in the
Complaint and! or the approximately 150 titles identified in Exhibit A to the Complaint as to
which infringement is claimed. Hotfile further objects to this request as overbroad and unduly
burdensome to the extent that it seeks information pertaining to "Hotfile users" as that term is
defined in the Definitions and Instructions. Plaintiffs' definition includes every internet user
who has ever accessed the Hotfile website, regardless of whether such user has uploaded or
downloaded files from Hotfile. It is impossible for Hotfile to know the identi~y of every person
who has ever accessed the Hotfile website. Hotfile further objects to this request to the extent
that it demands that Hotfile produce documents that would require Hotfile to violate United
States or European privacy laws by requesting personal and/or financial information about
Hotfile users. Hotfile further objects to this request to the extent it seeks documents not in the
possession, custody, or control of Hotfile and insofar as it would require Hotfile to create
documents that do not presently exist.
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive data in its possession, custody, or control if it exists in relation to user
activity regarding video files uploaded or downloaded in the United States whose filename
matches one of the copyrighted works specifically identified in the complaint or otherwise
identified by Plaintiffs as infringing, such data to include: user activity records or log files
(redacted to protect user confidentiality and privacy but disclosing Hotfile user ID); and
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CASE NO. 11-20427 -JORDAN
documents sufficient to show the top cumulative payments by user ID to Hotfile's top 500 users
worldwide, to the extent that such data are located through a reasonable and "diligent search.
REQUEST FOR PRODUCTION NO.3:
Subject to Instruction 22 supra, all Affiliate Data.
RESPONSE TO REQUEST FOR PRODUCTION NO.3:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad, unduly burdensome and not
reasonably calculated to lead to the discovery of admissible evidence insofar as it seeks "all
electronic data" reflecting information about Hotfile users who participate in Hotfile's Affiliate
program without any limitation whatsoever. This request purports to cover anyone who has ever
participated in Hotfile's affiliate program, many or most of whom have no relationship to the two
claims of copyright infringement set forth in the Complaint and/or the approximately 150 titles
identified in Exhibit A to the Complaint as to which infringement is claimed. Hotfile further
objects to this request as overbroad and unduly burdensome to the extent that it seeks
information pertaining to "Hotfile users" as that term is defined in the Definitions and
Instructions. Plaintiffs' definition includes every internet user who has ever accessed the Hotfile
website, regardless of whether such user has uploaded or downloaded files from Hotfile. It is
impossible for Hotfile to know the identity of every person who has ever accessed the Hotfile
website. Hotfile further objects to this request to the extent that it demands that Hotfile produce
documents that would require Hotfile to violate United States or European privacy laws by
requesting personal and/or financial information about Hotfile users. Hotfile further objects to
this request to the extent it seeks documents not in the possession, custody, or control of Hotfile
and insofar as it would require Hotfile to create documents that do not presently exist.
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive data in its possession, custody, or control if it exists in relation to Hotfile
affiliates using IP addresses in the United States, such data to include: URLs; IP addresses
redacted to protect individual confidentiality and privacy; traffic from such URLs and resulting
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CASE NO. 11-20427-JORDAN
nUI~ber
of downloads, if such infonnation exists; the number of premium subscriptions resulting
from traffic from such URLs; documents sufficient to show the method for calculating payments
to affiliates; and documents sufficient to show the top cumulative payments by user ID to
Hotfile's top 500 users worldwide, to the extent that such data are located through a reasonable
and diligent search. Hotfile will also produce documents relating to communications between
Hotfile and any Hotfile affiliate, to the extent that such documents are located through a
reasonable and diligent search.
REQUEST FOR PRODUCTION NO.4:
All Content files. Production of such files to Plaintiffs shall be deferred until an
appropriate sample or subset can be identified based on other documents produced in response to
these requests.
RESPONSE TO REQUEST FOR PRODUCTION NO.4:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad, unduly burdensome and not
reasonably calculated to lead to the discovery of admissible evidence insofar as it seeks all files
ever uploaded to, stored on and/or downloaded Hotfile.com, without any limitation whatsoever.
This request covers millions offiles, many or most of which have no relationship to the two
claims of copyright infringement set forth in the Complaint and/or the approximately 150 titles
identified in Exhibit A to the Complaint as to which infringement is claimed. HotfiIe further
objects to this request as overbroad and unduly burdensome to the extent that it seeks
infonnation pertaining to "Hotfile users" as that term is defined in the Definitions and
Instructions. Plaintiffs' definition includes every internet user who has ever ,accessed the Hotfile
website, regardless of whether such user has uploaded or downloaded files from Hotfile. It is
impossible for Hotfile to know the identity of every person who has ever accessed the Hotfile
website. Hotfile cannot reasonably be expected to know whether individuals are Hotfile users
unless they identify themselves as such. Hotfile further objects to this request to the extent that it
demands that Hotfile produce documents that would require Hotfile to violate United States or
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CASE NO. 11-20427-JORDAN
European plivacy laws insofar as it covers private or personal files that users have uploaded to
andlor stored on Hotfi1e. Hotfile further objects to this request on the grounds that it seeks
confidential and private information that is protected by, among other things, the Electronic
Communications Privacy Act, 18 U.S.C. § 2510 et seq. and the Stored Communications Act, 18
U.S.C. § 2701 et seq.
Hotfile also objects to this request as violative of the Federal Rules of Civil Procedure,
which do not permit the promulgation of a request known to be overbroad (such as "all your
documents" or "all content files") in anticipation of promulgating a subsequent request known to
describe the documents actually sought in the litigation. No Rule permits Plaintiffs to articulate
a request which, by its terms, is immediately held in abeyance pending further discovery. Hotfile
will respond to any subsequent request of Plaintiffs when set forth pursuant to Rule 34 ofthe
Federal Rules of Civil Procedure.
REQUEST FOR PRODUCTION NO.5:
All documents pertaining to:
a) Any takedown, cease and desist letter, or other notice received by you or any
Hotfile Entity regarding any file or activity hosted on the Hotfile Website;
b) Any actions taken by any Defendant or Hotfile Entity to effectuate the removal of
any material from Hotfile's Website;
c) Any technical assistance provided by any Defendant or Hotfile Entity to any
Hotfile user, including with respect to uploading files to Hotfile, downloading
files from Hotfile, or performing any other operation on the Hotfile Website;
d) The features and functionality of the Hotfile Website;
e) The nature and types of Content Files available on or through the Hotfile Website;
f) The geolocation of Hotfile users;
g) The reasons Hotfile users are attracted to the Hotfile Website;
h) Any online document hosting or "locker" websites, including Rapidshare,
Megaupload, and Google Docs;
i) Any investors or potential investors in any Hotfile Entity;
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CASE NO. 11-20427-JORDAN
j) Hotfile's "Affiliate" program;
k) Hotfile's "Reseller" program;
1) Defendants' or any Hotfile Entity's termination, suspension, or limitation of any
Hotfile user's access to Hotfile (or to particular features of Hotfile), for any
reason other than the Hotfile user's voluntary cancellation of their subscription or
nonpayment of the user's subscription fees;
m) Defendants' or any Hotfile Entity's removal, deletion, or disabling of access (in
whole or in part) to any Content Files;
n) Copyrighted content, copyright laws, copyright infringement, or infringing
activity on or through the Hotfile Website;
0) This Action, the action in Liberty Media Holdings, LLC v. Hotfile Corp. et al.,
No. 1:11-cv-20056-AJ (S.D. Fla.), the action in Liberty Media Holdings, LLC v.
Hotfile.eom, et al., No. 3:09-CV-2396-D (N.D. Tex.), and the action inPerfeet 10,
Ine. v. Hotfile Corp. et al., No. 2:10-cv-02031 (S.D. CaL), excluding privileged
communications with counsel and counsel's protected work product; and
p) Any marketing, business plan or strategy for the Hotfile Website.
RESPONSE TO REQUEST FOR PRODUCTION NO.5:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request on the basis ofthe
attorney client privilege and attorney work-product doctrine. Hotfile further objects to this
request to the extent it seeks documents not in the possession, custody, or control of Hotfile.
Hotfile further objects to this request as overbroad and unduly burdensome to the extent that it
seeks information pertaining to "Hotfile users" as that term is defined in the Definitions and
Instructions. Plaintiffs' definition includes every internet user who has ever accessed the Hotfile
website, regardless of whether such user has uploaded or downloaded files from Hotfile. It is
impossible for Hotfile to know the identity of every person who has ever accessed the Hotfile
website. Hotfile further objects to this request as vague and ambiguous, particularly as to the use
. of the undefined phrases "technical assistance," "features and functionality," "attracted," and
"nature and types." Hotfile further objects to this request on the grounds that it seeks
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CASE NO. 11-20427-JORDAN
information not reasonably calculated to lead to the discovery of admissible evidence,
particularly in its request for private business or financial information regarding Hotfile or other
persons or entities unrelated to the present litigation. Hotfile further objects to this request as
overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of
admissible evidence insofar as it seeks information regarding all files ever uploaded to, stored on
and/or downloaded Hotfile.com, without any limitation whatsoever. Hotfile further objects to
this request as overbroad, unduly burdensome, and not reasonably calculated to lead to the
discovery of admissible evidence in that it seeks documents about Hotfile generally without an
ascertainable limitation or relationship to the two claims of copyright infringement set forth in
the Complaint and! or the approximately 150 titles as to which infringement is claimed in the
Complaint. Hotfile further objects to this request as overbroad, unduly burdensome, and not
reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks
documents pertaining to other litigation not relevant to the present dispute. Hotfile further
objects to this request to the extent that it demands that Hotfile produce documents that would
require Hotfile to violate United States or European privacy laws by seeking private, personal
and!or financial information. Hotfile further objects to this request on the grounds that it seeks
confidential and private information that is protected by, among other things, the Electronic
Communications Privacy Act, 18 U.S.C. § 2510 et seq. and the Stored Communications Act, 18
U.S.C. § 2701 et seq.
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control if they exist, and to the
extent that such documents are located through a reasonable and diligent search, comprising:
1.
DMCA take down requests received by Hotfile regarding files hosted on
the Hotfile site;
2.
Documents sufficient to show actions taken by Hotfile to take down files
in response to DMCA requests;
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CASE NO. 11-20427-JORDAN
3.
Technical assistance provided by Hotfile to Hotfile users with an IP
address in the United States, including with respect to uploading files to
Hotfile, downloading files from Hotfile, or performing other operations on
the Hotfile Website;
4.
Documents sufficient to show the features and functionality of the Hotfile
website;
5.
Video files uploaded or downloaded in the United States whose filename
matches one of the copyrighted works specifically identified in the
complaint or otherwise identified by Plaintiffs as infringing, and Hotfile' s
support e-mails with users regarding these files;
6.
U.S. IP addresses of users who have uploaded or downloaded files whose
filename matches one of the copyrighted works specifically identified in
the complaint or otherwise identified by Plaintiffs as infringing, redacted
to protect individual user confidentiality and privacy;
7.
User e-mails to Hotfile stating why they are attracted to Hotfile, if any
exist;
8.
Discussion of any online document hosting or "locker" websites, including
Rapidshare, Megaupload, and Google Docs;
9.
Documents sufficient to show the investors in Hotfile, if any exist;
10.
Documents sufficient to show, for Hotfile affiliates using IP addresses in
the United States, the affiliates' URLs; IP addresses redacted to protect
individual confidentiality and privacy; traffic from such URLs and
resulting number of downloads, if such information exists; the number of
premium sUbscriptions resulting from traffic from such URLs; documents
sufficient to show the method for calculating payments to affiliates; (for
the top cumulative payments by user ID to Hotfile's top 500 users
worldwide see Interrogatory Responses). Hotfile will also produce related
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CASE NO. 11-20427-JORDAN
communications between Hotfile and any Hotfile affiliate, to the extent
Hotfile can ascertain that an affiliate is involved in such communications.
11.
Documents sufficient to show Hotfile's reseller program and related
communications between Hotfile and any Hotfile res eller, to the extent
Hotfile can ascertain that a reseller is involved in such communications.
12.
Pursuant to
~
2 above, documents sufficient to show each Hotfile account
that has been terminated, suspended, or limited user's access to Hotfile (or
to particular features of Hotfile), for any reason other than the Hotfile
user's voluntary cancellation of their subscription or nonpayment of the
user's subscription fee,s, and Hotfile's removal, deletion, or disabling of
access (in whole or in part) to, content;
13.
Pursuant to ~ 2 above, documents sufficient to show Hotfile's removal,
deletion, or disabling of access (in whole or in part) to content;
14.
Nonprivileged documents regarding content copyrighted in the U.S., U.S.
copyright law, infringement of U.S. copyright law, or activity on or
through the Hotfile Website constituting infringement of U.S. copyright
law;
15.
Nonpublic court filings in Liberty Media Holdings, LLC v. Hotfile Corp. et
a!., No. 1:11-cv-20056-AJ"(S.D. Fla.), Liberty Media Holdings, LLC v.
Hotfile.com, etal., No. 3:09-CV-2396-D (N.D. Tex.), and Perfect 10, Inc.
v. Hotfile Corp. et al., No. 2:10-cv-02031 (S.D. Ca1.); and
16.
Marketing, business plans or strategies for Hotfile, if they exist.
REQUEST FOR PRODUCTION NO.6:
All documents pertaining to communications between you or Hotfile Entity and any
Hotfile user, including any communications pertaining to the topics in Request No.5 supra.
26501 \2569739.3
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CASE NO. 11-20427-JORDAN
RESPONSE TO REQUEST FOR PRODUCTION NO.6:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad and
unduly burdensome to the extent that it seeks infornlation pertaining to any "Hotfile user" as that
term is defined in the Definitions and Instructions. Plaintiffs' definition includes every internet
user who has ever accessed the Hotfile website, regardless of whether such user has uploaded or
downloaded files from Hotfile. It is impossible for Hotfile to know the identity of every person
who has ever accessed the Hotfile website. Hotfile further objects to this request as overbroad
and unduly burdensome to the extent that it seeks information pertaining to any "Hotfile Entity"
as that term is defined in the Definitions and Instructions. Hotfile further objects to this request
on the grounds that it seeks information not reasonably calculated to lead to the discovery of
admissible evidence, particularly in its request for private business cir financial information
regarding Hotfile or other persons or entities unrelated to the present litigation. Hotfile further
objects to this request as overbroad, unduly burdensome, and not reasonably calculated to lead to
the discovery of admissible evidence in that it seeks documents about Hotfile generally without
an ascertainable limitation or relationship to the two claims of copyright infringement set forth in
the Complaint and/ or the approximately 150 titles as to which infringement is claimed in the
Complaint. Hotfile further objects to this request as overbroad, unduly burdensome, and not
reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks
documents pertaining to other litigation not relevant to the present dispute. Hotfile further
objects to this request to the extent that it demands that Hotfile produce documents that would
require Hotfile to violate United States or European privacy laws insofar as it covers private or
personal files that users have uploaded to and/or stored on Hotfile. Hotfile further objects to this
request on the grounds that it seeks confidential and private information that is protected by,
among other things, the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq. and
26501\2569739.3
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CASE NO. 11-20427-JORDAN
the Stored Communications Act, 18 U.S.C. § 2701 et seq. Hotfile further objects to this request
as duplicative of Request For Production No.5.
Subject to the foregoing general and specific objections, HotfDe will produce nonprivileged, responsive documents in its possession, custody, or control (if they exist) as set forth
in Response To Request No.5 above, to the extent that such documents are located through a
reasonable and diligent search.
REQUEST FOR PRODUCTION NO.7:
All documents pertaining to communications with or among any employee, owner,
shareholder, principal, officer, director, agent, business partner, or contractor of any Defendant
or Hotfile Entity pertaining to the topics in Request No.5 supra.
RESPONSE TO REQUEST FOR PRODUCTION· NO.7:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad and
unduly burdensome to the extent that it seeks information pertaining to any "Hotfile Entity" as
that term is defined in the Definitions and Instructions. Hotfile further objects to this request on
the grounds that it seeks information not reasonably calculated to lead to the discovery of
admissible evidence, particularly in its request for private business or financial information
regarding Hotfile or other entities unrelated to the present litigation. Hotfile further objects to
this request as overbroad, unduly burdensome, and not reasonably calculated to lead to the
discovery of admissible evidence in that it seeks documents about Hotfile generally without an
ascertainable limitation or relationship to the two claims of copyright infringement set forth in
the Complaint and! or the approximately 150 titles as to which infringement is claimed in the
Complaint. Hotfile further objects to this request as overbroad, unduly burdensome, and not
reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks
documents pertaining to other litigation not relevant to the present dispute. Hotfile further
objects to this request to the extent that it demands that Hotfile produce documents that would
26501 \2569739.3
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CASE NO. 11-20427-JORDAN
require Hotfile to violate United States or European privacy laws insofar as it covers private or
personal files that users have uploaded to and/or stored on Hotfile. Hotfile further objects to this
request as duplicative of Request For Production No.5.
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control (ifthey exist) as set forth
in Response To Request No.5 above, to the extent that such documents are located through a
reasonable and diligent search.
REQUEST FOR PRODUCTION NO.8:
All documents pertaining to communications between you or any Hotfile Entity and any
third party pertaining to the topics in Request No.5 supra.
RESPONSE TO REQUEST FOR PRODUCTION NO.8:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as ovc;:rbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad and
unduly burdensome to the extent that it seeks information pertaining to any "Hotfile Entity" as
that term is defined in the Definitions and mstructions. Hotfile further objects to this request on
the grounds that it seeks information not reasonably calculated to lead to the discovery of
admissible evidence, particularly in its request for private business or financial information
regarding Hotfile or other entities unrelated to the present litigation. Hotfile further objects to
this request as overbroad, unduly burdensome, and not reasonably calculated to lead to the
discovery of admissible evidence in that it seeks documents about Hotfile generally without an
ascertainable limitation or relationship to the two claims of copyright infringement set forth in
the Complaint and/ or the approximately 150 titles as to which infringement is claimed in the
Complaint. Hotfile further objects to this request as overbroad, unduly burdensome, and not
reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks
documents pertaining to other litigation not relevant to the present dispute. Hotfile further
objects to this request to the extent that it demands that Hotfile produce documents that would
26501\2569739.3
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CASE NO. 11-20427-JORDAN
require Hotfile to violate United States or European privacy laws insofar as it covers private or
personal files that users have uploaded to andlor stored on Hotfile. Hotfile further objects to this
request as duplicative of Request For Production No.5 and Request for Production No.6.
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control (if they exist) as set forth
in Response To Request No.5 above, to the extent that such documents are located through a
reasonable and diligent search.
REQUEST FOR PRODUCTION NO.9:
All documents pertaining to communications between you or any Hotfile Entity and any
participant in Hotfile's "Affiliate" programs.
RESPONSE TO REQUEST FOR PRODUCTION NO.9:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad and
unduly burdensome to the extent that it seeks information pertaining to any "Hotfile Entity" as
that term is defined in the Definitions and Instructions. Hotfile further objects to this request as
overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of
admissible evidence as it seeks documents related to any communications between any "Hotfile
Entity" and "any participant in Hotfile's 'Affiliate' programs," irrespective of whether those
communications are related to the present dispute. Hotfile further objects to this request as
overbroad and unduly burdensome insofar as Hotfile may not have the ability to ascertain who is
a participant in its Affiliate program. Hotfile further objects to this request to the extent that it
demands that Hotfile produce documents that would require Hotfile to violate United States or
European privacy laws insofar as it covers private or personal files that users have uploaded to
andlor stored on Hotfile. Hotfile further objects to this request as duplicative of Request For
Production No.5, Request for Production No.6, and Request for Production No 8.
26501\2569739.3
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CASE NO. 11-20427-JORDAN
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control if they exist relating to
communications between Hotfile and any Hotfile affiliate about the affiliate program, to the
extent that such documents are located through a reasonable and diligent search and to the extent
Hotfile is reasonably able to identify participants in its affiliate program.
REQUEST FOR PRODUCTION NO. 10:
All documents pertaining to communications between you or any Hotfile Entity and any
participant in Hotfile's "Reseller" programs.
RESPONSE TO REQUEST FOR PRODUCTION NO. 10:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad and
unduly burdensome to the extent that it seeks information pertaining to any "Hotfile Entity" as
that term is defined in the Definitions and Instructions. Hotfile further objects to this request as
overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of
admissible evidence as it seeks documents related to any communications between any "Hotfile
Entity" and "any participant in Hotfile's 'Reseller programs," irrespective of whether those
communications are related to the present dispute. Hotfile further objects to this request as
overbroad and unduly burdensome insofar as Hotfile may not have the ability to ascertain who is
a participant in its Reseller program. Hotfile further objects to this request to the extent that it
demands that Hotfile produce documents that would require Hotfile to violate United States or
European privacy laws insofar as it covers private or personal files that users have uploaded to
and/or stored on Hotfile. Hotfile further objects to this request as duplicative of Request For
Production No.5, Request for Production No.6, and Request for Production No 8.
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control if they exist relating to
communications between Hotfile and any Hotfile res eller, to the extent that such documents are
2650 I\2569739.3
20
CASE NO. 11-20427-JORDAN
located through a reasonable and diligent search and to the extent Hotfile is reasonably able to
identify participants in its reseller program.
REQUEST FOR PRODUCTION NO. 11:
All documents pertaining to communications between you or any Hotfile Entity and any
copyright owner(s) or their representatives pertaining to:
a) The presence of any copyrighted material on the Hotfile Website, whether with or
without authorization;
b) Any means or mechanism for addressing, limiting, or preventing the presence of
copyrighted material on the Hotfile Website without authorization, and
c) Any action taken by any Defendant or Hotfile Entity in response to or as a result
of such communications.
RESPONSE TO REQUEST FOR PRODUCTION NO. 11:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and! or the approximately 150
titles
a~
to which infringement is claimed in the Complaint. Hotfile further objects to this request
as overbroad and unduly burdensome to the extent that it seeks information pertaining to any
"Hotfile Entity" as that term is defined in the Definitions and mstructions. Hotfile further
objects to this request as unduly burdensome to the extent it seeks documents or information that
can be obtained with less burden from the parties to this litigation or other third parties and
insofar as Hotfile may not have the ability to ascertain who is a "copyright" owner is. The
request is also vague and ambiguous in its use ofthe term "copyright owner."
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control if they exist, to the extent
2650 I \2569739.3
21
CASE NO. 11-20427-JORDAN
that such documents are located through a reasonable and diligent search and to the extent
Hotfile is reasonably able to identify "copyright owners."
REQUEST FOR PRODUCTION NO. 12:
All documents pertaining to the promotion, advertising, or marketing of the Hotfile
website, including any advertisements or promotional materials considered or used to promote
Hotfile and any communications (whether internal or with third parties) concerning the same.
RESPONSE TO REQUEST FOR PRODUCTION NO. 12:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the .
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint andl or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects to this request
as seeking confidential andlor commercially sensitive materials. Hotfile further objects to this
request as vague and ambiguous, particularly as to the use of the undefined phrase "considered."
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control ifthey exist, to the extent
that such documents are located through a reasonable and diligent search.
REQUEST FOR PRODUCTION NO. 13:
All documents pertaining to any sites that host links to files hosted on the Hotfile Website
("Link Sites"), including pertaining to any ownership or control of any Link Sites by you, any
Hotfile Entity, or Lemuria, and communications with operators of any Link Sites.
RESPONSE TO REQUEST FOR PRODUCTION NO. 13:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
26501 \2569739.3
22
CASE NO. 11-20427-JORDAN
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categorIes of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set· forth in the Complaint and! or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects that this
request seeks documents that are not reasonably calculated to lead to the discovery of admissible
evidence in that Lemuria is not a party to this action. Hotfile further objects to this request as
overbroad and unduly burdensome to the extent that it seeks
info~ation
pertaining to any
"Hotfile Entity" as that term is defined in the Definitions and Instructions and insofar as Hotfile
may not have the ability to ascertain who is an operator of a "Link Site."
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control if they exist, to the extent
that such" documents are located through a reasonable. and diligent search and to the extent
Hotfile is reasonably able to identify operators of "Link Sites."
REQUEST FOR PRODUCTION NO. 14:
All documents pertaining websites offering the ability to search for files on the Hotfile
Website ("Search Sites"), including hotfilesearch.com; hotfilel23.com, and hotfileserve.com,
including pertaining to any ownership or control of any Search Sites by you, any Hotfile Entity,
or Lemuria, and communications with operators of any Search Sites.
RESPONSE TO REQUEST FOR PRODUCTION NO. 14:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and! or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects that this
request seeks documents that are not reasonably calculated to lead to the discovery of admissible
26501 \2569739.3
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CASE NO. 11-20427-JORDAN
evidence in that Lemuria is not a party to this action. Hotfile further objects to this request as
overbroad and unduly burdensome to the extent that it seeks information pertaining to any
"Hotfile Entity" as that term is defined in the Definitions and Instructions and insofar as Hotfile
may not have the ability to ascertain who is an operator of a "Search Site."
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control if they exist, to the extent
that such documents are located through a reasonable and diligent search and to the extent
Hotfile is reasonably able to identify operators of "Search Sites."
REQUEST FOR PRODUCTION NO. 15:
All documents pertaining to each Defendant's and Hotfile Entity's financial condition,
including:
a) Nature and value of assets;
b) Income for each. month from the launch of the Hotfile Website through the
present;
c) Each source of income from the launch of the Hotfile Website through the
present;
d) Monthly expenses; and
e) Any transfers of funds to, from, or among each Defendant or Hotfile entity,
including the amount and date of each such transfer and identity of all parties to
the transaction.
RESPONSE TO REQUEST FOR PRODUCTION NO. 15:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that is seeks virtually all of Hotfile's financial data, without any limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and/ or the approximately 150
26501 \2569739.3
24
CASE NO. 11-20427-JORDAN
titles as to which infringement is claimed in the Complaint. HotfDe further objects to this request
on the grounds that it seeks financial information that is private, personal, confidential and
commercially sensitive. HotfDe further objects to this request as overbroad and unduly
burdensome to the extent that it seeks information pertaining to any "Hotfile Entity" as that term
is defined in the Definitions and Instmctions. Hotfile further objects to this request on the
grounds that it seeks information not reasonably calculated to lead to the discovery of admissible
evidence, particularly in its request for private business or financial information regarding
Hotfile or other persons or entities umelated to the present litigation. Hotfile further objects to
this request as overbroad, unduly burdensome, and not reasonably calculated to lead to the
discovery of admissible evidence insofar as it seeks documents from the launch of the Hotfile
Website through the present.
REQUEST FOR PRODUCTION NO. 16:
All versions ofthe source code for the Hotfile Website as it now exists or has ever
existed.
RESPONSE TO REQUEST FOR PRODUCTION NO. 16:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad, unduly burdensome, and not
reasonably calculated to lead to the discovery of admissible evidence in that is seeks all source
code for the Hotfile Website, without any limitation or relationship to the two claims of
copyright infringement set forth in the Complaint and/or the approximately 150 titles as to which
infringement is claimed in the Complaint. Hotfile further objects to this request as overbroad,
unduly burdensome, and not reasonably calculated to lead to the discovery of admissible
evidence insofar as it seeks all versions of the source code, regardless of whether such source
code is from time periods relevant to the present litigation. This is not a patent litigation. Hotfile
further objects that this request seeks Hotfile's trade secrets (i.e., it's source code), which are
confidential, proprietary and commercially sensitive. The details of every line that ever existed
of Hotfile's most closely-held trade secrets are not relevant or properly subject to discovery here.
26501 \2569739.3
25
CASE NO. 11-20427-JORDAN
Demanding that Hotfile produce every line of code ever written for Hotfile is improper and
abusive, and on this basis Hotfile objects.
REQUEST FOR PRODUCTION NO. 17:
Schema for all databases used in operation of all versions of the Hotfile Website.
RESPONSE TO REQUEST FOR PRODUCTION NO. 17:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad, unduly burdensome, and not
reasonably calculated to lead to the discovery of admissible evidence in that is seeks all schema
for all databases used in operation of all versions of the Hotfile Website, without any limitation
or relationship to the two claims of copyright infringement set forth in the Complaint and! or the
approximately 150 titles as to which infringement is claimed in the Complaint. Hotfile further
objects to this request as overbroad, unduly burdensome, and not reasonably calculated to lead to
the discovery of admissible evidence, especially insofar as it seeks all databases used in all
versions of the Hotfile Website, regardless of whether such databases are from time periods
relevant to the present litigation. Plaintiffs cannot plausibly argue that all schema for every
Hotfile database is relevant to this action. Hotfile further objects that this request seeks Hotfile's
trade secrets (i.e., schema to its databases), which are confidential, proprietary and commercially
sensitive. Hotfile further objects that the phrase "[s]chema for all databases" is vague and
ambiguous.
REQUEST FOR PRODUCTION NO. 18:
AU documents pertaining to the design or functionality of the Hotfile Website, as it
currently exists or has ever existed, including any feature specification, feature requirements
definition, system architecture, or other technical documents.
RESPONSE TO REQUEST FOR PRODUCTION NO. 18:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
26501\2569739.3
26
CASE NO. 11-20427-JORDAN
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that is seeks all documents pertaining to the design or functionality of all versions of the Hotfile
Website that have ever existed, without any limitation or relationship to the two claims of
copyright infringement set forth in the Complaint and/ or the approximately 150 titles as to
which infringement is claimed in the Complaint. Hotfile further objects to this request as vague
and ambiguous, particularly as to the use of the undefined phrases "design or functionality,"
"feature specification," "feature requirements definition," "system architecture," and "technical
documents." Hotfile further objects to this request as overbroad, unduly burdensome, and not
reasonably calculated to lead to the discovery of admissible evidence insofar as it seeks technical
information regarding the Hotfile Website, regardless of whether such information is from a time
period relevant to the present litigation. Hotfile further objects to this request as duplicative of
Request for Production No.5.
Subject to the foregoing general and specific objections, and subject to Hotfile's
Response To Request No. 16 (regarding the impropriety of production of source code), Hotfile
will produce non-privileged, responsive documents in its possession, custody, or control if they
exist, to the extent that such documents are located through a reasonable and diligent search.
REQUEST FOR PRODUCTION NO. 19:
All documents pertaining to tracking or monitoring the utilization of or traffic to the
Hotfile Website, including any reports or data generated from Google Analytics.
RESPONSE TO REQUEST FOR PRODUCTION NO. 19:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence
insofar as it seeks technical information regarding the Hotfile Website, regardless of whether
such information is from a time period relevant to the present litigation. Hotfile further objects
to this request as overbroad and unduly burdensome in that it seeks reports generated from
26501 \2569739.3
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CASE NO. 11-20427-JORDAN
Google Analytics. Google Analytics is a website data analysis tool that allows the user to
generate a nearly infinite number of reports based on an enormous set of data. To the extent that
this request seeks all possible "reports" or all the data generated or analyzed by Google
Analytics, such a request is unduly burdensome. Hotfile further objects to this request to the
extent it seeks documents not in the possession, custody, or control of Hotfile and insofar as it
would require Hotfile to create documents that do not presently exist.
REQUEST FOR PRODUCTION NO. 20:
All documents pertaining to the any steps taken to prevent automated downloading from
the Hotfile Website, including use of Google's "Captcha" service.
RESPONSE TO REQUEST FOR PRODUCTION NO. 20:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks ".All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calcuh~.ted to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and! or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects to this request
as overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of
admissible evidence insofar as it seeks technical information regarding the Hotfile Website,
regardless of whether such information is from a time period relevant to the present litigation.
Hotfile further objects to this request as duplicative of Request for Production No.5 and Request
for Production No. 18.
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control ifthey exist, to the extent
that such documents are located through a reasonable and diligent search.
26501\2569739.3
28
CASE NO. 11-20427-JORDAN
REQUEST FOR PRODUCTION NO. 21:
All documents pertaining to any actions of, effOlis by, or the ability of, Defendants or any
Hotfile Entity to terminate, block, or limit the access of any subscriber or user from the Hotfile
Website, for any reason, including any consideration of such actions, efforts, or ability.
RESPONSE TO REQUEST FOR PRODUCTION NO. 21:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and/ or the approximately 150'
titles as to which infringement is claimed in the Complaint. ;Hotfile further objects to this request
as overbroad and unduly burdensome to the extent that it seeks information pertaining to any
"Hotfile Entity" as that term is defined in the Definitions and Instructions. Hotfile further
objects to this request as vague and ambiguous, particularly as to the use of the undefined phrase
"consideration." Hotfile further objects to this request as overbroad, unduly burdensome, and
not reasonably calculated to lead to the discovery of admissible evidence insofar as it seeks
documents related to termination of users "for any reason." Hotfile further objects to this request
on the basis of the attorney client privilege and attorney work product doctrine. Hotfile further
objects to this request as duplicative of Request For Production No.5 and Request For
Production No. 11.
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control ifthey exist, to the extent
that such documents are located through a reasonable and diligent search, with such documents
redacted to protect user confidentiality and privacy.
26501\2569739.3
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CASE NO. 11-20427-JORDAN
REQUEST FOR PRODUCTION NO. 22:
All documents pertaining to any policy or practices any Defendant or Hotfile Entity has
ever formulated, considered, and/or adopted regarding adverse action against Hotfile users who
have infringed copyrights, who .you believe may have infringed copyrights, or who have been
directly or indirectly accused of infringing copyrights, including any repeat infringer policies
implemented, adopted, or considered, and including any action taken to identify the Hotfile users
who have uploaded works identified in notices from copyright holders.
RESPONSE TO REQUEST FOR PRODUCTION NO. 22:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and/ or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects to this request
as overbroad and unduly burdensome to the extent that it seeks information pertaining to any
"Hotfile Entity" as that term is defined in the Definitions and mstructions. Hotfile further
objects to this request as overbroad and unduly burdensome to the extent that it seeks
information pertaining to "Hotfile users" as that term is defined in the Definitions and
Instructions. Plaintiffs' definition includes every internet user who has ever accessed the Hotfile
website, regardless of whether such user has uploaded or downloaded files from Hotfile. It is
impossible for Hotfile to know the identity of every person who has ever accessed the Hotfile
website. Hotfile further objects to this request as vague and ambiguous, particularly as to the use
of the undefined phrases "formulated" and "considered." Hotfile further objects to this request on
the basis of the attorney client privilege and attorney work product doctrine. Hotfile further
objects to this request as duplicative of Request For Production No.5 and Request For
Production No. 11.
26501\2569739.3
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CASE NO. 11-20427-JORDAN
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control if they exist, to the extent
that such documents are located through a reasonable and diligent search.
REQUEST FOR PRODUCTION NO. 23:
All documents pertaining to any policy, methods, or practices any Defendant or Hotfile
Entity has ever adopted or considered regarding the removal, blocking, or restriction of
unauthorized or potentially unauthorized content from the Hotfile Website, including:
a) Any hash-based (MD5, SHAI or otherwise) technology;
b) Any technology or service based on audio, audiovisual, or video fingerprinting
(e.g. Vobile, Audible Magic, etc.); and
c) Any technology based on filename, filename extension, file type, file SIze,
internal file metadata, or any combination thereof.
RESPONSE TO REQUEST FOR PRODUCTION NO. 23:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and! or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects to this request
as overbroad and unduly burdensome to the extent that it seeks information pertaining to any
"Hotfile Entity" as that term is defined in the Definitions and Instructions. Hotfile further
objects to this request on the basis of the attorney client privilege and attorney work product
doctrine. Hotfile further objects to this request as vague and ambiguous, particularly as to the
use of the undefined phrase "considered." Hotfile further objects to this request as duplicative of
Request For Production No.5 and Request For Production No. 11.
26501\2569739.3
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CASE NO. 11-20427-JORDAN
Subj~ct
to the foregoing general and specific objections, and subject to Hotfile's
Response To Request No. 16 (regarding the impropriety of production of source code), Hotfile
will produce non-privileged, responsive documents in its possession, custody, or control if they
exist, to the extent that such documents are located through a reasonable and diligent search.
REQUEST FOR PRODUCTION NO. 24:
All documents pertaining to any policy, methods, or practices you or any Hotfile Entity
has ever adopted or con~idered regarding the removal or blocking of any content from Hotfile for
any reason, including unwanted commercial content ("spam"), duplicate or redundant content,
content harmful or potentially harmful to Hotfile's systems or the systems of Hotfile users (e.g.
viruses), and content deemed to be unlawful or potentially unlawful (e.g. in violation of patent,
trademark, copyright, or obscenity or child pornography laws).
RESPONSE TO REQUEST FOR PRODUCTION NO. 24:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and! or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects to this request
as overbroad and unduly burdensome to the extent that it seeks information pertaining to any
"Hotfile Entity" as that term is defined in the Definitions and Instructions. Hotfile further
objects to this request as vague and ambiguous, particularly as to the use of the undefined phrase
"considered." Hotfile further objects to this request as overbroad, unduly burdensome, and not
reasonably calculated to lead to the discovery of admissible evidence insofar as it seeks
documents related to removing or blocking of content "for any reason." Hotfile further objects
to this request on the basis of the attorney client privilege and attorney work product doctrine.
Hotfile further objects to this request as duplicative of Request for Production No.5
26501\2569739.3
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CASE NO. 11-20427-JORDAN
Subject to the foregoing general and specific objections, and subject to Hotfile's
Response To Request No. 16 (regarding the impropriety of production of source code), Hotfile
will produce non-privileged, responsive documents in its possession, custody, or control if they
exist, to the extent that such documents are located through a reasonable and diligent search.
REQUEST FOR PRODUCTION NO. 25:
All documents pertaining to any policy, methods, or practices any Defendant or Hotfile
Entity has ever adopted or considered pertaining to preventing abuse of its system, including any
measures to prevent improper downloads, to prevent the creation of false download traffic, and
to detect and/or impede bots.
RESPONSE TO REQUEST FOR PRODUCTION NO. 25:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and/ or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects to this request
as overbroad and unduly burdensome to the extent that it seeks information pertaining to any
"Hotfile Entity" as that term is defined in the Definitions and Instructions. Hotfile further
objects to this request on the basis ofthe attorney client privilege and attorney work product
doctrine. Hotfile further objects to this request as vague and ambiguous, particularly as to the
use of the undefined phrases "considered" and "abuse of its system." Hotfile further objects to
this request as duplicative of Request for Production No.5 .
. Subject to the foregoing general and specific objections, and subject to Hotfile's
Response To Request No. 16 (regarding the impropriety of production of source code), Hotfile
will produce non-privileged, responsive documents in its possession, custody, or control ifthey
exist, to the extent that such documents are located through a reasonable and diligent search.
26501 \25697393
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CASE NO. 11-20427-JORDAN
REQUEST FOR PRODUCTION NO. 26:
All documents pertaining to the "Link Checker" accessible at
http://hotfile.com/checkfiles.html, including any documents pertaining to the purpose and
consumer appeal ofthe feature.
RESPONSE TO REQUEST FOR PRODUCTION NO. 26:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and! or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects to this request
as vague and ambiguous, particularly as to the use of the undefined phrase "consumer appeal."
Subject to the foregoing general and specific objections, and subject to Hotfile's'
Response To Request No. 16 (regarding the impropriety of production of source code), Hotfile
will produce non-privileged, responsive documents in its possession, custody, or control if they
exist, to the extent that such documents are located through a reasonable and diligent search.
REQUEST FOR PRODUCTION NO. 27:
All documents pertaining to the effect or potential effect of the Hotfile service or similar
services on the plaintiffs, the motion picture industry, the television industry, or any other
industry based on the creation and lawful exploitation of copyrighted works.
RESPONSE TO REQUEST FOR PRODUCTION NO. 27:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
26501 \2569739.3
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CASE NO. 11-20427-JORDAN
two claims of copyright infringement set forth in the Complaint and! or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects to this request
on the basis of the attorney client privilege and attorney work product doctrine. Hotfile further
objects to this request as vague and ambiguous, particularly as to the use of the undefined phrase
"potential effect." Hotfile further objects to this request as unduly burdensome to the extent it
seeks documents or information that can be obtained with less burden from the parties to this
litigation or other third parties.
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession,· custody, or control if they exist, to the extent
that such documents are located through a reasonable and diligent search.
REQUEST FOR PRODUCTION NO. 28:
All documents reflecting the use of the Hotfile service by any employee, owner,
shareholder, principal, officer, director, agent, business partner, or contractor of any Defendant
or Hotfile Entity, including:
a) the Hotfile usernames or other Hotfile account information maintained by any such
individual or entity;
b) The files uploaded by any such individual or entity;
c) The files downloaded by any such individual or entity; and
d) Any payments made or received by any such individual or entity through the Hotfile
"Affiliate" programs.
RESPONSE TO REQUEST FOR PRODUCTION NO. 28:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and/ or the approximately 150
2650 I \2569739.3
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CASE NO. 11-20427-JORDAN
titles as to which infringement is claimed in the Complaint. Hotfile further objects to this request
as overbroad and unduly burdensome to the extent that it seeks information pertaining to any
"Hotfile Entity" as that term is defined in the Definitions and Instructions. Hotfile further
objects to this request to the extent that it demands that Hotfile produce documents that would
require Hotfile to violate United States or European privacy laws insofar as it covers private or
personal files that users have uploaded to and/or stored on Hotfile. Hotfile further objects to this
request as duplicative of Request For Production No.1, Request For Production No.2, Request
For Production No.3, and Request For Production No.5. Hotfile objects to Request No 28(c) as
umeasonably burdensome as a practical matter; Hotfile remains willing to meet and confer
regarding the request if Plaintiffs are willing to bear the cost of production.
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control if they exist, and to the
extent that such documents are located through a reasonable and diligent search, comprising:
1.
Hotfile's Response to Plaintiffs' Interrogatory No.1;
2.
The files uploaded by the Hotfile employees, owners, or contractors listed
in Hotfile's Response to Plaintiffs' Interrogatory No.1;
3.
Payments made or received by the aforementioned Hotfile employees,
owners, or contractors.
REQUEST FOR PRODUCTION NO. 29:
All documents or communications pertaining to ownership or operation of each Hotfile
Entity by individuals or entities other than Defendants, and all corporate documents for each
Hotfile Entity.
RESPONSE TO REQUEST FOR PRODUCTION NO. 29:
Hotfile incorporates bYTeference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
26501\2569739.3
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CASE NO. 11-20427-JORDAN
that it seeks categories· of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and/ or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects to this request
as overbroad and unduly burdensome to the extent that it seeks information pertaining to any
"Hotfile Entity" as that term is defined in the Definitions and Instructions. Hotfile further
objects that this request seeks confidential, private and personal information.
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control if they exist sufficient to
show the ownership of Hotfile Corp., to the extent that such documents are located through a
reasonable and diligent search.
REQUEST FOR PRODUCTION NO. 30:
All documents pertaining to meetings of each Hotfile Entity's board of directors or other
governing body, including but not limited to documents sufficient to show:
a) Name and title of every individual attending each meeting;
b) Agenda for each meeting;
c) Date and time of each meeting;
d) Place of each meeting; and
e) Minutes of each meeting.
RESPONSE TO REQUEST FOR PRODUCTION NO. 30:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks documents pertaining to all board of director meetings, without any limitation or
relationship to the two claims of copyright infringement set forth in the Complaint and/ or the
approximately 150 titles as to which infringement is claimed in the Complaint. Hotfile further
26501 \2569739.3
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CASE NO. 11-20427-JORDAN
objects to this request as overbroad and unduly burdensome to the extent that it seeks
information pertaining to any "Hotfile Entity" as that term is defined in the Definitions and
Instmctions. Hotfile further objects to this request to the extent it seeks documents not in the
possession, custody, or control of Hotfile and insofar as it would require Hotfile to create
documents that do not presently exist. Hotfile further objects to this request on the basis ofthe
attorney client privilege and attorney work-product doctrine.
REQUEST FOR PRODUCTION NO. 31:
All documents pertaining to the relationship between or among each Hotfile Entity,
including:
a) Any officers, directors, employees, or other persons acting or purporting to act on the
behalf of, or under the direction or control of, any Hotfile Entity who
1.
11.
Also serve as an officer, director, or employee of another Hotfile Entity, or
have performed any work for another Hotfile Entity.
b) Any common ownership, including documents reflecting whether any shareholder or
other owner of one Hotfile Entity is also a shareholder of another Hotfile Entity; and
c) Ally property (including real property, bank accounts, office equipment, or computer
equipment) owned or otherwise held, controlled, or used by more than one Hotfile Entity,
whether in whole or in part, and whether directly or indirectly;
d) Any agreements, contracts, undertakings, or understandings among or between any
Hotfile Entities, and all amendments thereto;
e) Any financial arrangements, revenue sharing, and accountings between any Hotfile
Entities, including any revenue, income or other valuable consideration, or sources
thereof, exchanged between any Hotfile Entities;
f) The provision of any services by any Hotfile Entity to any other Hotfile Entity; and
g) Each Hotfile Entity's role in operating the Hotfile website.
RESPONSE TO REQUEST FOR PRODUCTION NO. 31:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
26501 \2569739.3
38
CASE NO. 11-20427-JORDAN
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it is not limited to nor does it relate to the two claims of copyright infringement set forth in
the Complaint and/ or the approximately 150 titles as to which infringement is claimed in the
Complaint. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks information pertaining to any "Hotfile Entity" as that term is defined in the
Definitions and Instructions. Hotfile further objects to this request on the grounds that it seeks
information not reasonably calculated to lead to the discovery of admissible evidence,
particularly in its request for privatequsiness or financial information regarding Hotfile or other
persons or entities unrelated to the present litigation. Hotfile further obj ects to this request on the
grounds that it seeks financial information that is private, personal, confidential and
commercially sensitive. Hotfile further objects to this request as duplicative of Request for
Production No. 29.
REQUEST FOR PRODUCTION NO. 32:
All documents pertaining to the relationship between Lemuria and any Hotfile Entity,
including:
a) Any common officers, directors, employees, or agents, or officers, directors, or agents
who have performed work for Lemuria and any Hotfile entity;
b) Any common ownership, including shareholders;
c) Any commonly owned, held, or used property, including real property, bank accounts,
office equipment, and computer equipment;
d) Any agreements, contracts, undertakings, or understandings; and
e) Any financial arrangements, revenue sharing, and accountings.
RESPONSE TO REQUEST FOR PRODUCTION NO. 32:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
26501 \2569739.3
39
CASE NO. ll-20427-JORDAN
extent that it seeks "All documents." Hotfile fmther objects to this request as overbroad, unduly
burdensome, and not reasonably calCulated to lead to the discovery of admissible evidence in
that it is not limited to nor does it relate to the two claims of copyright infringement set forth in
the Complaint and/ or the approximately 150 titles as to which infringement is claimed in the
Complaint. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks information pertaining to any "Hotfile Entity" as that term is defined in the
Definitions and Instructions. Hotfile further objects to this request on the grounds that it seeks
information not reasonably calculated to lead to the discovery of admissible evidence,
particularly in its request for private business or financial information regarding Hotfile or other
persons or entities unrelated to the present litigation. Hotfile further objects to this request on the
grounds that it seeks information not reasonably calculated to lead to the discovery of admissible
evidence in that Lemuria is not a party to the instant case. Hotfile further objects to this request
on the grounds that it seeks private and confidential financial information.
REQUEST FOR PRODUCTION NO. 33:
All documents or communications pertaining to any Defendant's travels to and from
Florida and presence in Florida, including:
a) All documents pertaining to any Defendant's use of a Florida driver's license, a Florida
automobile insurance policy, a motor vehicle registered in Florida, as well as any other
application or submission mentioning any defendant to the government of Florida or any
political subdivision thereof;
b) All other documents pertaining to any Defendant's interaction with the government of
Florida or any political subdivision thereof;
c) All documents pertaining to any Defendant's activities in or concerning Florida,
including any Defendant's maintenance of any apartment or other residence in Miami
Beach or elsewhere in Florida;
d) All contracts for utilities or services related to any Florida property.
26501\2569739.3
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CASE NO. 11-20427-JORDAN
RESPONSE TO REQUEST FOR PRODUCTION NO. 33:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and! or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects to this
request as overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery
of admissible evidence in that Hotfile has not contested personal jurisdiction in this matter.
Hotfile further objects that this request seeks information about time periods that are not relevant
to this litigation. Hotfile further objects that this request seeks private, confidential and personal
information, including financial information and other personal information having no bearing
on this lawsuit whatsoever.
REQUEST FOR PRODUCTION NO. 34:
All documents or communications pertaining to any bank account, safe deposit box, real
property, leasehold, personal property, or other property or proprietary interest maintained by
any Defendant or Hotfile Entity.
RESPONSE TO REQUEST FOR PRODUCTION NO. 34:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
extent that it seeks "All documents." Hotfile further objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that is seeks broad categories of information about Hotfile's property without any limitation or
relationship to the two claims of copyright infringement set forth in the Complaint and! or the
approximately 150 titles as to which infringement is claimed in the Complaint.
~Hotfile
further
objects to this request on the grounds that it seeks financial and other similar information that is
26501\2569739.3
41
CASE NO. 11-20427-JORDAN
plivate, personal, confidential and commercially sensitive. Hotfile further objects to this request
as overbroad and unduly burdensome to the extent that it seeks information pertaining to any
"Hotfile Entity" as that term is defined in the Definitions and Instructions. Hotfile fUlther
objects to this request on the grounds that it seeks information not reasonably calculated to lead
to the discovery of admissible evidence, particularly in itsrequest for private business or
financial information regarding Hotfile or other persons or entities unrelated to the present
litigation.
REQUEST FOR PRODUCTION NO. 35:
All documents pertaining to any relationship or communications between you or any
Hotfile Entity and any of the following entities:
a) InCorporate Now Inc.,
b) Webazilla, LLC,
c) Webzilla, Inc.,
d) Webazilla Ltd.,
e) Webazilla B.V.,
f) IP Transit, Inc.,
g) International Solution Group, Inc.,
h) LinkShop, Inc.,
i) WZ Communications, Inc.,
j) Dedicated Servers LLC,
k) Ecorporate, Inc.,
1) Neocren, Inc.,
m) Any person or entity that operates the website at filesonic.com,
n) Any person or entity that operates the website at depositfiles.com,
0) Any person or entity that operates the website at bitshare.com, and
p) Any person or entity that operates the website at 4shared.com.
RESPONSE TO REQUEST FOR PRODUCTION NO. 35:
Hotfile incorporates by reference its general objections to this request for production of
documents. Hotfile further objects to this request as overbroad and unduly burdensome to the
26501 \256973 9.3
42
CASE NO. 11-20427-JORDAN
extent that it seeks "All documents." Hotfile fuliher objects to this request as overbroad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in
that it seeks categories of documents without an ascertainable limitation or relationship to the
two claims of copyright infringement set forth in the Complaint and/ or the approximately 150
titles as to which infringement is claimed in the Complaint. Hotfile further objects to this request
as overbroad and unduly burdensome to the extent that it seeks information pertaining to any
"Hotfile Entity" as that term is defined in the Definitions and Instructions and insofar as Hotfile
may not have the ability to ascertain whether someone is affiliated with the entities listed in this
request. Hotfile further objects to this request as vague and ambiguous, particularly as to the use
of the undefined phrase "relationship."
Subject to the foregoing general and specific objections, Hotfile will produce nonprivileged, responsive documents in its possession, custody, or control if they exist, to the extent
that such documents are located through a reasonable and diligent search and to the extent
Hotfile is reasonably able to identify that a person is affiliated with one ofthe entities listed in
this request.
REQUEST FOR PRODUCTION NO. 36:
All documents referenced in your responses to any Interrogatories served by Plaintiffs in
this Action.
RESPONSE TO REQUEST FOR PRODUCTION NO. 36:
Hotfile incorporates by reference its general objections to this request for production of
documents and its general and specific objections to Plaintiffs' Interrogatories. Subject to the
foregoing general and specific objections, Hotfile will produce the documents, if any, referenced
in its responses to Plaintiffs' first set of Interrogatories.
DATED: May 5, 2011
admitted pro hac vice)
Andrew Leibnit admitted pro hac vice)
Anthony P. Schoenberg (admitted pro hac vice)
26501 \2569739.3
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CASE NO. 11-20427-JORDAN
Deepak Gupta (admitted pro hac vice)
Janel Thamkul (admitted pro hac vice)
FARELLA BRAUN + MARTEL LLP
235 Montgomery St.
San Francisco, CA 94104
Telephone: 415.954.4400
Telecopy: 415.954.4480
And
Janet T. Munn, Fla. Bar No. 501281
Rasco Klock
283 Catalonia Avenue, Suite 200
Coral Gables, F133134
Telephone: 305.476.7101
Telecopy: 305.476.7102
Email: jmunn@rascoklock.com
Counsel fdr Defendants Hotfile Corp. and Anton
Titov
26501\2569739.3
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CASE NO. 11-20427-JORDAN
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20427-JORDAN
DISNEY ENTERPRISES, INC.,
.
TWENTIETH CENTURY FOX FILM CORPORATION,
UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES, INC., and
WARNER BROS. ENTERTAINMENT INC.,
Plaintiffs,
v.
HOTFILE CORP., ANTON TITOV, and
DOES 1-10.
Defendants.
/
----------------------------------
CERTIFICATE OF SERVICE
I am a citizen of the United States and employed in San Francisco County, California. I
am over the age of eighteen years and not a party to the within-entitled action. My business
address is 235 Montgomery Sh'eet, 17th Floor, San Francisco, California 94104.
I HEREBY CERTIFY that on May 5,2011, I electronically served the following
documents on all counsel of record on the attached Service List via their email addressees). The
documents served on this date are:
DEFENDANT'S RESPONSES TO PLAINTIFFS' FIRST SET OF REQUESTS
FOR PRODUCTION OF DOCUMENTS
I declare under penalty of perjury that the foregoing is true and correct. Executed on
May 5,2011, at San Francisco, California.
2650 1\2569.739.3
45
CASE NO. 11-20427-JORDAN
SERVICE LIST: CASE NO. ll-CIV-20427-JORDAN
Karen R. Thorland, Esq.
Motion Picture Association of Am.erica, Inc.
15301 Ventura Blvd., Building E
Shennan Oaks, CA 91403
Telephone:
(818) 935-5812
Fax:
(818) 285-4407
Email: Karen Thorland@mpaa.org
Attorneys for Plaintiffs
Party Name: Disney Enterprises, Inc.,
Twentieth Century Fox Film Corporation,
Universal City Studios Productions LLP,
Columbia Pictures Industries, Inc., Warner
Bros. Entertainment Inc.
Served via electronic mail by agreement
Duane C. Pozza, Esq.
Luke C. Platzer, Esq.
Steven B. Fablizio, Esq.
J elmer & Block
1099 New York Avenue, N.W., Ste.900
Washington, DC 20001-4412
Telephone:
(202) 639-6094
Fax:
(202) 639-6068
Email: dpozza@jelmer.com;
Ip latzer@jelmer.com; sfabrizio@jelmer.com
Attorneys for Plaintiffs
Party Name: Disney Enterprises, Inc.,
Twentieth Century Fox Film Corporation,
Universal City Studios Productions LLP,
Columbia Pictures Industries, Inc., Warner
Bros. Entertainment Inc.
Served via electronic mail by agreement
Karen Linda Stetson, Esq.
Gray-Robinson P.A.
1221 Blickell Avenue, Suite 1650
Miami, FL 33131
Telephone:
(305) 416-6880
Fax:
(305) 416-6887
Email: kstetson@gray-robinson.com
BOSTON LAW GROUP
Valentin Gurvits
825 Beacon Street, Suite 20
Newton Center, MA 02459
Telephone:
617-928-1800
Fax:
617-928-1802
vgurvitz@bostonlawgroup.com
Attorneys for Plaintiffs
Party Name: Disney Enterprises, Inc.,
Twentieth Century Fox Film Corporation,
Universal City Studios Productions LLP,
Columbia Pictures Industries, Inc., Warner
Bros. Entertainment Inc.
Attorney for Defendants
Hotfile Corp. and Anton Titov
Served via electronic mail by agreement
2650 I \2569739.3
46
Served via electronic mail by agreement
CASE NO. 11-20427-JORDAN
Janet T. Muml, Esq.
Rasco Klock
283 Catalonia Avenue, Suite 200
Coral Gables, FL 33134
Telephone:
(305) 476-7101
(305) 476-7102
Fax:
Email: jmunn@rascoklock.com
Local Attorney for: Defendants
Party Name: Hotfile Corp. and Anton Titov
Served via electronic mail by agreement
26501\2569739.3
47
]]>
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