Viacom International, Inc. et al v. Youtube, Inc. et al

Filing 191

DECLARATION of William M. Hohengarten (Part One) in Support re: 176 MOTION for Partial Summary Judgment /Viacom's Notice of Motion for Partial Summary Judgment on Liability and Inapplicability of the Digital Millennium Copyright Act Safe Harbor Defense.. Document filed by Country Music Television, Inc., Paramount Pictures Corporation, Viacom International, Inc., Black Entertainment Television, LLC, Comedy Partners. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - Part 1, # 3 Exhibit 2 - Part 2, # 4 Exhibit 2 - Part 3, # 5 Exhibit 2 - Part 4, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12 - Part 1, # 16 Exhibit 12 - Part 2, # 17 Exhibit 12 - Part 3, # 18 Exhibit 12 - Part 4)(Kohlmann, Susan)

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800 - # of Help Center emails received a day

1,500 - # of videos taken down a day for general TOU violations 13,000 - # of Flagged Videos reviewed a day 5,000 - # of proactive reviews (such as Browse) a day 3 1/2 - minutes, how fast we get to a Flagged Video 50 - minutes, how fast we take down Copyright videos

18 - hours a week, email TAT

14,000 - emails received a week (this # includes spam, Copyright, Help Center, and Policy emails)

230 - # of Policy emails received a day

900 - # of DMCAs received a day

3,700 - # of videos removed for alleged Copyright violations a day

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Process

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DMCA

YouTube respects the rights of copyright holders and publishers. We comply with the Digital Millennium Copyright Act (DMCA) and promptly remove content when properly notified.

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Copyright Verification Program

Partners can become "copyright cops" which allows them to mass flag videos

You can reach the Copyright team by emailing

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Generally prohibited content includes... * Sexually Explicit or Pornographic materials * Instructional or immitatable bomb making and drug abuse * Graphic content intended to shock or disgust * Violence which is graphic, gratuitous or humiliating * Hate Speech * Stalking, harassment, posting of other's personally identifying information

Some prohibitions specific to children are... * Any content deemed to be exploitive of a child * Content endangering the safety or privacy of a child * Drug use of any kind, dangerous use of fire or explosives by a minor * Videos of interest to child predators * Inappropriate provocative behavior by children * Fights involving minors or taking place at a school or playground
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Predatory behavior, including the aggregation or posting of content containing children for the purpose of obtaining or eliciting sexual gratification

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Age Restricted Content · Content marked "Restricted" can only be viewed by users 18 and over · Viewers must be logged in to view this content · An interstitial warning screen is displayed and users must click to confirm that they wish to view potentially objectionable materials before being able to view restricted content
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Restricted videos do not appear in video browse pages

· Only content that is not prohibited by other content policies can be restricted, videos involving children are never restricted · YouTube Terms of Use prohibits users under the age of 13 and requires the permission of a parent or legal guardian for users under 18 · Users entering an age less than 13 are informed that they are ineiigibie to join YouTube and a permanent blocking cookie is set · Once an account is created, the age cannot be changed · User's age is displayed next to a video when being reviewed by administrators

Minors on YouTube

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Enforcement
· Users police YouTube by flagging inappropriate content for review
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Community Flagging

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'; Mature (over 1B only) content .QtherTerms of Use violation J Graphic violence · Hate speech
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All flagged videos are reviewed by the YouTube Content SQUAD, 24 hours a day, 365 days a year Flagged videos are routed into queues, team members are able to collaborate and escalate difficult decisions to higher tiers 75% of all flagged videos are reviewed within three minutes, most are reviewed within 30 seconds Child pornography is typically flagged and removed within minutes of being uploaded Pornography is typically flagged and removed within the first 100 views

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Enforcement (continue
* Incident of harassment, safety issues and other policy violations that cannot be conveyed through video flagging are reported by users via our Help Center
Subject;* fUserharassment | § Video in QuestionUser in Question: * Message (please provide as much detail as possible) *
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Help Center

Safety Incident Reporting · Policy violations involving children are reported to a designated team member who is able to further investigate the user(s) and content involved · Child Pornography incidents are escalated and reported to the NCMEC CyberTipline · YouTube works closely with local and federal law enforcement to proactively respond to threats, secure support for suicidal users, victims of crime and others in need of assistance

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Abuse Prevention · Digital hashing detects duplicate file uploads and globally blocks rejected content
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Policy violators received "strikes," repeat violators are automatically terminated and their email address is permanently banned

· Child safety, exploitation and harassment policy offenses result in immediate termination and banning · Videos may be uploaded as "Private" to be shared with family and friends · YouTube Content SQUAD regularly reviews private videos for policy violations
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Privacy Features

Users may opt to not to display information such as name, age or location on their profile

· Users can block specific users from interacting with them or choose to only allow their "friends" to communicate with them · Users can choose to allow, pre-screen or disable commenting for each of their videos

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Education * Safety Tips · Community Guidelines (aka "Code of Conduct") fielp^. Info Heto:Certer ytetw^TQol&gx - Devaloper APIs ' Safety T W '
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Continued development of safety pro-active and reactive safety features

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Speaker Notes Slide: 4 Content Squad is YouTube's ConOps team Policy - Content Policies, Legal Compliance, Law Enforcement relations, etc. Abuse - Harassment, privacy, (child) safety, through email and Live Site escalations Copyright (reactive) Live Site (flagged content)

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Speaker Notes Slide: 5

Stats that may pertain to Sales highlighted in red

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