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

Filing 208

DECLARATION of William M. Hohengarten (Part Four) Ex. 42 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 43, # 2 Exhibit 44, # 3 Exhibit 45, # 4 Exhibit 46, # 5 Exhibit 47, # 6 Exhibit 48, # 7 Exhibit 49, # 8 Exhibit 50, # 9 Exhibit 51 - Part 1, # 10 Exhibit 51 - Part 2, # 11 Exhibit 51 - Part 3, # 12 Exhibit 51 - Part 4, # 13 Exhibit 51 - Part 5, # 14 Exhibit 52, # 15 Exhibit 53, # 16 Exhibit 54, # 17 Exhibit 55, # 18 Exhibit 56, # 19 Exhibit 57, # 20 Exhibit 58, # 21 Exhibit 59, # 22 Exhibit 60, # 23 Exhibit 61, # 24 Exhibit 62, # 25 Exhibit 63, # 26 Exhibit 64, # 27 Exhibit 65, # 28 Exhibit 66, # 29 Exhibit 67, # 30 Exhibit 68, # 31 Exhibit 69, # 32 Exhibit 70, # 33 Exhibit 71, # 34 Exhibit 72, # 35 Exhibit 73, # 36 Exhibit 74, # 37 Exhibit 75, # 38 Exhibit 76, # 39 Exhibit 77, # 40 Exhibit 78, # 41 Exhibit 79, # 42 Exhibit 80, # 43 Exhibit 81, # 44 Exhibit 82, # 45 Exhibit 83, # 46 Exhibit 84, # 47 Exhibit 85, # 48 Exhibit 86, # 49 Exhibit 87, # 50 Exhibit 88, # 51 Exhibit 89, # 52 Exhibit 90, # 53 Exhibit 91, # 54 Exhibit 92, # 55 Exhibit 93, # 56 Exhibit 94, # 57 Exhibit 95, # 58 Exhibit 96, # 59 Exhibit 97, # 60 Exhibit 98, # 61 Exhibit 99, # 62 Exhibit 100, # 63 Exhibit 101, # 64 Exhibit 102, # 65 Exhibit 103, # 66 Exhibit 104)(Kohlmann, Susan)

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To: From: Cc: Bcc: Received Date: "Salar Kamangar" "Steve Chen" .:steve@youtube.com;, Subject: I have sent this already? 2006-10-0806:58:25 GMT Re: diligence questions -s On Oct 7,2006, at 3:29 PM, Salar Kamangar wrote: ;, Any lIuck on this one? Thx, salar ;, ;, ;; ;; -----Original Message----;; From: Steve Chen ;; To: Salar Kamangar ;; Sent: Fri Oct 06 15:03:02 2006 ;, Subject: Re: diligence questions ;; ;; Will do in about 20. Just getting back to the office now. Thanks. ;, ;; ;; -----Original Message----- ;; From: "Salar Kamangar" ;; Date: Fri, 6 Oct 2006 14:57:25 ;; To: "Steve Chen" .:steve@youtube.com;; ;; Subject: Re: diligence questions ;; ;; if you could send us a couple hundred random playbacks so we can get ;; going with categorizing the playbacks, that'd be great. ;; ;; thx, ;; --salar ;; ;; On 10/5/06, Salar Kamangar wrote: ;;;;;; * What do you mean with upload sources? Because, with MySpace ;;;;;; videos, they're still uploaded directly to YouTube and then the ;;;;;; embed ;;;;;; code is pulled from our site and pasted onto MySpace. ;;;; ;;;; sorry, i was confused. i meant embeds from myspace. ;,;, ;;;;;; * You should be able to tell what the # of embeds and total # of ;;;;;; video views from the stats that I'm attaching. ;,;; ;;;; so only about 12% of playbacks are embedded? roughly what % of those ;,;, come from myspace? and can you breakdown the remaining 88% into ;,;, anything more specific, like the % that are discovered from the ;;;; youtube site, vs emailed, vs linked from web pages? ;,;, ;,;,;; * There is no filtration going on for the top browse lists. Let me like the breakdown of the 10,000 video views. ;;;;;; know if you'd still ;;;, Highly Confidential GOOOOI-04736644 ;;;; if it's not difficult, it would be nice to see -10k video views ;;;; broken ;,;, down into your 50 categories. the more important data would be ;;;; categorizing a small random # of video views into the categories ;,;, specified below (actually, only private vs public, and % of views ;;;; where there may be a copyright issue; the language types we can guess ;;;; at based on your country data, and category would be covered by the ;,;; above 10K video request) ;;;; ;;;;;; As for the growth rate dropping off, if you look at the history of ;,;;;; views in the past 12 months, we have hit certain artificial ;;;,;, bottlenecks that are lifted when we add more database machines, ;;;;;;image ;;;;;, servers, web servers, and video servers. In this case, we have had ;,;,;, an interrupted supply of servers from our vendors and we're running ;;;;;; at 0% capacity on image servers and web servers for the last 2 ;,;;;, weeks. ;;;; ;;;; just quickly eyeballing the data (i didn't compute growth rates), it ;;;; looks like the slowdown started about 4 weeks ago, not 2 weeks ago... ;;;; is there are a different explanation, or did the slowdown actually ;;;; start 2 weeks ago? ;,;, ;;;;;; On the ops side, did you want me to wait until the conversation with ;;;;;; your folks to do the deep dive there? i could also do it through ;,;,;, emaiL. i wanted to know what you meant with the "what securities ;;;;;; are ;,;;;; in place"? Is that pertaining to the physical security of our data ;,;,;, centers? Of our machines? Or of the software securities such as ;;;;;; firewalls and IP-address blocking? ;,;; ;,;, it'll be easier to get a couple of folks on the phone with you. i'lI ;;;; have names tomorrow. they'll probably want to ask those questions ;;;; above and more... ;,;, ;;;;;; Thanks. Don't hesitate to call if there are any follow-up ;;;;;; questions. ;,;, ;;;; thanks\ ;;;; ;,;, --salar ;;;; ;;;;;; -s ;,;;;; ;,;;;; ;;;;;; ;;;;;; ;;;;;; On Oct 5, 2006, at 2: 10 PM, Salar Kamangar wrote: ;;;;;; ;;;;;,;; Hi Steve, ;;;;;;;; ;,;;;,;, Nice talking with you, and i look forward to spending a lot more ;,;;;,;, time ;,;;;;;; in person. I'm very excited about joining forces with Youtube. ;;;;;,;, ;;;;;,;, Amit's email addressisamitp@google.com. Kourosh's is ;;;;;;;; kourosh@google.com. They both have a heads-up that you'll be ;,;,;,;, setting Highly Confidential GOOOOI-04736645 ;;;,;;;; up a phone call with them to talk about logging. ;,;,;,;, ;;;,;,;, And below are the questions I referenced. If anything isn't ;;;,;;;; clear, or ;,;,;,;, you can get to the same question I'm asking in a way that involves ;,;;;;;, less work, please let me know. ;;;;;;;, ;,;,;;;, Best, ;,;,;;;, --Salar ;;;;;;;; ;;;,;,;, Prod: ;,;,;,;; - definition of playbacks; ;;;;;;;; - ave length of video, and ave length that a "playback" is seen ;,;,;,;, - upload sources, including % of uploads from myspace ;,;,;,;, - please categorize playback sources: embedded in pages (at least ;;;;;;;; broken out for myspace) vs emailed vs discovered on youtube ;,;,;,;, (search or ;;;;;;;; browsed) ;;;;;;;, - can you provide a random sample of playbacks (say 500), and ;,;,;,;, roughly ;;;;;;;; categorize them by categories including private, potentially ;;;;;;;, copyright ;,;,;,;, issues, language spoken, and type of video (music video, news, ;;;;;;;, user-generated, etc); if easier you can give us the URL's and we'll ;;;;;;;; categorize ;,;,;,;, - can you categorize a larger random sample of playbacks (say ;;;;;;;; 10,000) ;;;;;;;; into your 50 topic categories? if you need to do this manually, a ;;;,;,;, smaller set is fine ;;;;;;;; - are the most frequently seen videos.. "Browse Video Today, This ;;;;;;;; Week, This Month, All Time"... really the most frequent, or is ;,;,;,;, there ;;;;;;;; some filtering? if it's correct, it gvies us a sense of the most ;;;;;;;, commonly played back videos, so we don't need to ask for any ;;;;;,;, additional info on what videos are played most frequently ;;;;;;;, - roughly in which countries are videos getting played ;;;;;;;; - why has your growth rate dropped off this month relative to last ;;;,;;;; - what metrics do you track? (Uploads, registered users, active ;;;;;;;; users, revenue, advertisers, int'l breakouts, etc). please provide ;;;;;;;; those. ;,;;;,;; - what do you make of this comscore data and report: ;;;;;;;; http://www.marketwatch.com/NewslStory/Story. aspx? ;;;;;;;; dist=newsfinder&siteid=google&guid=% 7B1425D570-12BE -4157;;;;;,;, A598-5A 7BBF5D2FBB% 7D&keyword= ;;;;;;;; ;;;;;;;; Eng (please set-up phone call with Amit Patel and Kourosh to figure ;;;,;,;, out what's needed): ;;;;;;;; -IP and other log data as needed, so that we can look at how you ;;;,;,;, measure playbacks, and how you identify spam ;,;;;,;; ;;;;;;;; Ops (we need to give you names of folks to set-up a meeting and ;;;,;,;; figure ;,;;;,;, out what's needed): ;;;;;;;; - Understand video delivery infrastructure ;;;;;;;, - Roughly what's your cost to store and serve each video, broken ;,;,;,;, down ;;;;;;;; into subparts ;,;,;,;, - What securities are in place? Highly Confidential GOOOOI-04736646 ;;;;;; ;,;,;, ;,;,;; ;;;;;; ;,;,;, ;,;, Highly Confidential GOOOOI-04736647

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