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)

To; From; Gc: Bcc: Received DateSubject:

"Kevin Donahue" <[e-mail]> "Heather Gillette" <hgiltette@goag!e.com> "Jordan Hoffner" <[e-mail]> 2007-06-i 4 17:4537 CST Re: folllow up + full shows

No, this is actually an abuse of our Terms of Use when a user uploads what we call "serial uploads* which is basically a piece of long form content that they have broken up into parts and then uploaded segments of onto YouTufae to get past our ten minute limit. An example would be one video called Seinfeld episode 23 part 1, and the next video would be called Seinfeld episode 23 part 2. These would be considered serial uploads. This is referring to accounts that have the ten minute limitiation, not director accounts. Heather

On 6/14/07, Kevin Donahue <[e-mail]> wrote: > > hey Heather, > just wondering, what do you mean by "abusing our ten minute limit" ? do > we still allow Director accounts to go beyond 10 min? > I'm assuming you mean a copyright violation when you say "abusing." Or > have users without Director accounts found a waytoget around our 10 minute > limit and is that what you mean9 Thx.:) >-KD > > > On 6/13/07, Heather Gillette <[e-mail]> wrote: >> > > Jordan and Kevin, many of these are not abusing our ten minute limit and > > therefore are not a violation of our Terms of Use. In that case, are these > > folks claiming copyright infrlngement on all of the videos in these > > accounts? >> >> >> >> > > On 6/13/07, Heather Gillette <[e-mail] > wrote: >>> > > > AS an FYl, we don't pro-actively search for abuse of our ten minute > > > limit, we just remove them when we come across them. If these vids didn't > > > come to our attention (via flagging or whatever) we would not know to take > > > them down. >>> > > > I will grab them now for a terms of use violation. >> > > > > Thanks, >>> > > > Heather >> > >>> > > > On 6/13/07, Jordan Hoffner <[e-mail] > wrote: DAI E % 12- · D^, > > >> DEPONENT r

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Case Nos. Q7<V.22KTmoTcv^n

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A lgnae.0 Howard. CLR. RPR. CSR N,, 9830

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> > > > 1 will look into it. >>>> > > > > Jordan Hoffner > > > > Google >> > >| >>> > >>>> >>>> > > > > -- Original Message -- >>>> From: Will M a r k s · · · · > > > > To: Kevin Donahue; Jordan Hoffner > > > > Cc: John Najartan < [e-mail]> > > > > Sent: WedJun 1316:51:51 2007 > > > > Subject: RE: folllow up + full shows >>>> > > > > Hey guys - I'm surprised to see that all the full shows below are > > > > still up... >>> > >>>> >>>> . > >> > >>> > From: Will Marks >>>> Sent: Friday, June 08, 2007 6:12 PM >>>> To:' [e-mail]';' [e-mail]' >>> > Cc: John Najarian >>> > Subject: foillow up + full shows > >>> >>> > >>>> Hey Jordan & Kevin - thanks for the time this week. We look > > > > forward to discussing next steps after your conversation with the GC. >>>> >>>> BTW - these are the types of postings I was referring > > > > to...these pages are all full MTV shows, broken Into 2 or 3 parts. All of > > > > the videos have been up for months: >>>> >>> > http://www.youtube.com/profile_videos?user=)dminez69&p=r > >> > >>>> http://www.youtube.com/profite_videos?user=BabyG0988&p=r >>> > >>>> >>>> WSM >>>> ...^ ******************* >>>> >>> > >>>> Will Marks >>> > Vice President, Business Development >>> > >>>> >>>> >>> > Ei Entertainment Television >>>> 5750 Wilshire Boulevard >>> > Los Angeles, CA 90036 >>> > >>> > >>>> > >> > >>> >>>

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>>> -- > > > "THs email and the information it contains are confidential and may > > > be privileged. If you have received this email in error please notify me > > > immediately and do not copy it for any purpose, or disclose its contents to > > > any other person. Internet communications are not secure and, therefore, > > > Google does not accept legal responsibility for the contents of this message > > > as it hasteentransmitted over a public network. If you suspect the message > > > may have been intercepted or amended please call me." >> >> >> >> >>-- > > This email and the information it contains are confidential and may be > > privileged. If you have received this email in error please notify me > > immediately and do not copy it for any purpose, or disclose its contents to > > any other person. Internet cammunications are not secure and, therefore, > > Google does not accept legal responsibility for the contents of this message > > as it has been transmitted over a public network. If you suspect the message > > may have been intercepted or amended please call me." >> > >

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"This email and the information it contains are confidential and may be privileged. If you have received this email in error please notify me immediately and do not copy it for any purpose, or disclose its contents to any other person. Internet communications are not secure and, therefore, Google does not accept legal responsibility for the contents of this message as it has been transmitted over a public network. If you suspect the message may have been intercepted or amended please call me."

Confidential

600001-00953869