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)

EXHIBIT B

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM CORPORATION,
UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES, INC., and
WARNER BROS. ENTERTAINMENT INC.,
Plaintiffs,
vs.
HOTFILE CORP., ANTON TITOV, and
DOES 1-10.
Defendants.

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Case No. 1:11-cv-20427-AJ

PLAINTIFFS’ FIRST SET OF INTERROGATORIES
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Disney Enterprises, Inc.,
Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Columbia
Pictures Industries, Inc., and Warner Bros. Entertainment Inc. (collectively, “Plaintiffs”) hereby
propound to Defendants Hotfile Corp. and Anton Titov the following First Set of Interrogatories
to be answered fully, in writing and under oath within thirty (30) days of the date of service
hereof, pursuant to Rule 33(b)(3) of the Federal Rules of Civil Procedure, and in accordance with
the Definitions and Instructions set forth below.
DEFINITIONS AND INSTRUCTIONS
1.

The words “you,” “yours,” “yourselves,” and “Defendants” means Anton Titov

and Hotfile Corp., and includes (i) any directors, officers, accountants, investigators, attorneys,
employees, agents, representatives or other persons acting, authorized to act, or purporting to act,
on behalf of Hotfile Corp. or Anton Titov; (ii) all of Hotfile Corp.’s affiliates, divisions, units,
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predecessors-in-interest, successors-in-interest, subsidiaries, parent corporations, and assigns;
(iii) any other person or entity otherwise subject to Hotfile Corp.’s or Anton Titov’s control, who
controls Hotfile Corp., or is under common control with Hotfile Corp.
2.

The terms “Hotfile” and “Hotfile Website” mean the website accessible at

www.hotfile.com and hotfile.com and encompasses all servers, software, and databases operated
as part of the website.
3.

The term “Hotfile Entity” means Hotfile Corp., Hotfile, S.A., and Hotfile, Ltd., as

well as any entity involved with or that you claim is involved with the operation of the Hotfile
Website, as well as any entity controlled, operated, affiliated with, or owned by any Defendant,
in whole or in part, that performs or has performed any services related to the Hotfile Website,
and shall further include principals, executives, officers, directors, employees, agents,
representatives, or shareholders of such entity.
4.

The term “Lemuria” means Lemuria Communications Inc. (“Lemuria”), including

any principals, executives, officers, directors, employees, agents, representatives, or shareholders
of Lemuria, all of Lemuria’s affiliates, divisions, units, predecessors-in-interest, successors-ininterest, subsidiaries, parent corporations, and assigns, and any other person otherwise
understood by you to be subject to Lemuria’s control, who controls Lemuria, or is under
common control with Lemuria.
5.

The singular shall include the plural and vice versa; the terms “and” or “or” shall

be both conjunctive and disjunctive; and the term “including” shall mean “including without
limitation.”
6.

“Date” shall mean the exact date, month and year, if ascertainable or, if not, the

best approximation of the date (based upon relationship with other events).

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7.

The word “document” shall have the meaning of the term “documents or

electronically stored information” in Federal Rule of Civil Procedure 24(a)(1)(A).
8.

“Agent” shall mean any agent, employee, officer, director, attorney, independent

contractor or any other person acting at the direction of or on behalf of another.
9.

“Person” shall mean any individual, corporation, proprietorship, partnership, trust,

association or any other entity.
10.

The words “pertain to” or “pertaining to” mean relates to, refers to, regarding,

contains, concerns, describes, embodies, mentions, constitutes, constituting, supports,
corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or
contradicts.
11.

The term “third party” or “third parties” refers to individuals or entities that are

not a party to this action.
12.

The word “identify,” when used in reference to a document (including

electronically stored information), means and includes the name and address of the custodian of
the document, the location of the document, and a general description of the document, including
(1) the type of document (e.g., letter or memorandum) and, if electronically stored information,
the software application used to create it (e.g., MS Word or MS Excel Spreadsheet); (2) the
general subject matter of the document or electronically stored information; (3) the date of the
document or electronically stored information; (4) the author of the document or electronically
stored information; (5) the addressee of the document or electronically stored information; and
(6) the relationship of the author and addressee to each other.
13.

The word “identify,” when used in reference to a natural person, means and

includes the person’s full name, position and/or title, and present contact information. Stating

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that a person can be contacted through counsel is not sufficient. If the person is a Hotfile user,
also state the person’s account name and user ID.
14.

The term “Hotfile user” means any person who has directed his or her Internet

browser to the Hotfile Website or otherwise accessed the Hotfile Website, including any person
who has registered with the Hotfile website, any person who has at any time opened a
“Premium” account with the Hotfile website, and any person who has at any time been a
participant in any of the Hotfile Website’s “Affiliate” programs.
15.

The term “Content File” means any electronic file uploaded to, stored on and/or

downloaded from the Hotfile Website by any Hotfile user at any time.
16.

The term “Affiliate programs” means all offers, programs or practices whereby

Hotfile users receive compensation from any Defendant or Hotfile Entity, including the
“Affiliate” program for uploading users and the “Referral” programs “for site owners” and
“Refer a friend” as described at http://www.hotfile.com/affiliate.html.
17.

You are reminded to supplement your responses to these requests and your

documents produced in response to these requests in accordance with Rule 26 of the Federal
Rules of Civil Procedure.
INTERROGATORIES
INTERROGATORY NO. 1:
Identify each person who has been employed by, acted as the agent of, or performed
work on behalf of or provided any service to (including as a contractor) the Hotfile Website and
each Hotfile Entity from January 1, 2007 through the present day. For each such person or
entity, state:
a) Full name;

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b) Title and/or employer during the period(s) such services or agency were provided (e.g.
Hotfile Corp., Hotfile, S.A., Hotfile Ltd., or, if the person is a contractor, the third-party
employer);
c) The nature of all work performed and/or the scope of the person’s representation or
agency (e.g. database manager, marketing manager, DMCA agent, abuse manager, etc.);
d) The length of time such person performed relevant services or representation;
e) Any Hotfile username and user identification number associated with the person; and
f) Present contact information (including current email address, physical address, and
telephone number), or, if present contact information is not known to you, last known
contact information. It is not sufficient, for purposes of providing a person’s contact
information, to state that a person can be contacted through Defendants’ counsel.
INTERROGATORY NO. 2:
Identify each individual or entity that you contend has ever acted as a DMCA agent for
the Hotfile Website or any Hotfile Entity; including:
a) The date you contend the person commenced (and, if applicable, concluded) acting as a
DMCA agent for the Hotfile Website or any Hotfile Entity;
b) The date on which a designation of the person’s status as DMCA agent was filed with the
copyright office; and
c) The date on which the person’s status as DMCA agent was first listed on the Hotfile
Website.
INTERROGATORY NO. 3:
Identify each website or online business you have owned or operated, in whole or in part,
or to which you have provided services or funding, in the past three years, other than the Hotfile
Website, including the timing and nature of the services provided, and any remuneration you
have received for such services or funding.
INTERROGATORY NO. 4:
Identify each person who has provided, provides, has promised to provide, or with whom
Defendants have had any discussions about providing capital or financing for any Hotfile Entity,
and the nature, amount, and timing of any such capital or financing.
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INTERROGATORY NO. 5:
Identify each person to whom you or any Hotfile Entity has provided, provides, or has
promised to provide earnings derived in whole or in part from the operation of the Hotfile
Website, and the nature, amount, and timing of any such payments.
INTERROGATORY NO. 6:
State the gross revenues, net revenues, and profits received by each Hotfile Entity since
January 1, 2007.
INTERROGATORY NO. 7:
State all income received by Defendant Titov, directly or indirectly, in connection with
the Hotfile Website or from any Hotfile Entity.
INTERROGATORY NO. 8:
Identify each participant in the Hotfile “Reseller” program.
INTERROGATORY NO. 9:
Identify the 500 participants in the Hotfile “Affiliate” programs to whom any Defendant
or Hotfile Entity has remitted, directly or indirectly, the largest cumulative payments during the
history of Hotfile, and the cumulative amounts of such payments.
INTERROGATORY NO. 10:
Identify each user whose access to the Hotfile website any Defendant or Hotfile Entity
has ever terminated, limited, suspended, or otherwise penalized, and for each state:
a) The specific reason(s) therefore;
b) The date on which such action was taken; and
c) Whether the user was believed or alleged to be a copyright infringer or a repeat infringer.
For purposes of responding to this Interrogatory, Plaintiffs do not believe that Defendants may
lawfully withhold information on the basis that it contains identifying information regarding
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specific Hotfile users. Without prejudice to Plaintiffs’ right to seek the identity and additional
information pertaining to such users, Defendants may, in the first instance, limit their
identification of users in response to this Interrogatory by identifying the users’ usernames,
Hotfile user identification number, and geographic location (such as by providing country, city
and state information and/or sufficient unredacted IP address information).
INTERROGATORY NO. 11:
Describe each connection Defendant Titov has to Florida in the last ten years, including:
a) Any Florida driver’s licenses ever held;
b) Any Florida property owned, in whole or in part;
c) Any leases or rental agreements, in whole or in part, for property in Florida;
d) Any utilities in Titov’s name, in whole or in part, for property in Florida;
e) Any bank accounts Titov has ever held in Florida;
f) Any travel to Florida in the past ten years, including:
i. the length of each such trip;
ii. the location where Defendant Titov resided or stayed during each such trip;
iii. any persons or entities with whom Defendant Titov met during each such trip; and
iv. the substance and purpose of each such trip.

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Dated: April 1, 2011

By: s/ Luke C. Platzer
Luke C. Platzer

MOTION PICTURE ASSOCIATION
OF AMERICA, INC.
Karen R. Thorland (Pro Hac Vice)
15301 Ventura Blvd.
Building E
Sherman Oaks, CA 91403

JENNER & BLOCK LLP
Steven B. Fabrizio (Pro Hac Vice)
Duane C. Pozza (Pro Hac Vice)
Luke C. Platzer (Pro Hac Vice)
1099 New York Ave., N.W.
Suite 900
Washington, DC 20001
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiffs
GRAY-ROBINSON, P.A.
Karen L. Stetson (FL Bar No. 742937)
1221 Brickell Avenue
Suite 1600
Miami, FL 33131
Phone: [phone]
Fax: [phone]

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