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

Filing 201

DECLARATION of William M. Hohengarten (Part Three) Exhibit 12 - Part 15 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 12 - Part 16, # 2 Exhibit 12 - Part 17, # 3 Exhibit 12 - Part 18, # 4 Exhibit 12 - Part 19, # 5 Exhibit 12 - Part 20, # 6 Exhibit 13, # 7 Exhibit 14, # 8 Exhibit 15, # 9 Exhibit 16, # 10 Exhibit 17, # 11 Exhibit 18, # 12 Exhibit 19, # 13 Exhibit 20, # 14 Exhibit 21, # 15 Exhibit 22, # 16 Exhibit 23, # 17 Exhibit 24, # 18 Exhibit 25, # 19 Exhibit 26, # 20 Exhibit 27, # 21 Exhibit 28, # 22 Exhibit 29, # 23 Exhibit 30, # 24 Exhibit 31, # 25 Exhibit 32, # 26 Exhibit 33, # 27 Exhibit 34, # 28 Exhibit 35, # 29 Exhibit 36, # 30 Exhibit 37, # 31 Exhibit 38, # 32 Exhibit 39, # 33 Exhibit 40, # 34 Exhibit 41)(Kohlmann, Susan)

Dear Mr. Kang: Thank you for your letter of February 3, 2006 on behalf of NBC Universal, Inc. ("NBC Universal"). As you may know, Youtube.com is an online forum in which users can upload videos of their choice. Youtube.com respects intellectual property rights of third parties and complies with the DMCA. YouTube does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and YouTube will remove all Content and User Submissions if properly notified that such Content infringes on another's intellectual property rights. However, we believe your request to remove materials that NBC Universal contends violate NBC Univcrsal's copyrights fails to meet proper DMCA notification guidelines. Providing a search result for all videos tagged 'SNL' or 'Saturday Night Live' is not reasonably sufficient to permit YouTube to identify and locate the allegedly infringing material. There are many legitimate, user-generated videos that also reference SNL and Saturday night live on the YouTube Website. Here are just a few examples: http://www.youtube.com/w/samba?v=ZXY490TtOe&search=saturday%20night%201ive http://www.youtube.co m/w/The-Watergate-Rap ?v=maxRlSUEbuU&search=snl http://www.YOUtube.com/w/raping-ramadj?v=D0JT9Dc0-14&scarch=snl http://www.youtube.co tn/w/FPS-Doug?v=4HrQlegbscI&search-snl http://www.voutube.com/w/Sugafoot%21%21%21%21?v=E4VN8G2b fl&search=snl http://www.voutube.com/w/Maury-take-off?v=t9nK6YoNSSQ&scarch-snl http://www.youtube.eom/w/Beowulf-Kicks-Ass7v-W kG3sQNOrc&search~snl http://www. voutube.cx)m/w/LANDSHARK%21-%5B funniest-video%5D?v=o7dmCLW7K1U&search=saturday%20nisht%201ive http://www.youtube.com/w/Alex-cracks-%22da-crab%22-at-The-Blue-Moon-restaurantin-Montere?v=axrDvlXnUqo&search=saturday%20night%201ivc Removing all videos tagged 'SNL' or 'Saturday Night Live' simply casts too broad a net, and sweeps in a host of materials about which we assume NBC Universal has no complaint. Please understand YouTube has no interest in harboring any materials owned by NBC Universal. Simply identify the materials you believe are infringing with specificity (e.g. by URLs as in the examples above) in accordance with 17 U.S.C. § 512(c)(3)(A)(iii), and we will take prompt action to remove them. To speed this process, please send notices directly to our designated agent as follows: Heather Gillette YouTube, Inc. 71 E. Third Ave San Mateo, CA 94401

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Email: [e-mail] As an aside, once this situation is resolved, we would be very interested in establishing a more formal business relationship with NBC Universal. YouTube has created a very unique and powerful media delivery solution; one that could possibly accentuate and enhance the entertainment services already provided by NBC. Very truly yours, Brent Hurley YouTube, Inc.

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