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

Filing 214

DECLARATION of William M. Hohengarten (Part Eight) Ex. 160 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 161, # 2 Exhibit 162, # 3 Exhibit 163, # 4 Exhibit 164, # 5 Exhibit 165, # 6 Errata 166, # 7 Exhibit 167, # 8 Exhibit 168, # 9 Exhibit 169, # 10 Exhibit 170, # 11 Exhibit 171, # 12 Exhibit 172, # 13 Exhibit 173, # 14 Exhibit 174, # 15 Exhibit 175, # 16 Exhibit 176, # 17 Exhibit 177, # 18 Exhibit 178, # 19 Exhibit 179, # 20 Exhibit 180, # 21 Exhibit 181, # 22 Exhibit 182, # 23 Exhibit 183, # 24 Exhibit 184, # 25 Exhibit 185, # 26 Exhibit 186, # 27 Exhibit 187, # 28 Exhibit 188, # 29 Exhibit 189, # 30 Exhibit 190, # 31 Exhibit 191, # 32 Exhibit 192, # 33 Exhibit 193, # 34 Exhibit 194, # 35 Exhibit 195, # 36 Exhibit 196, # 37 Exhibit 197, # 38 Exhibit 198, # 39 Exhibit 199, # 40 Exhibit 200, # 41 Exhibit 201, # 42 Exhibit 202, # 43 Exhibit 203, # 44 Exhibit 204, # 45 Exhibit 205, # 46 Exhibit 206, # 47 Exhibit 207, # 48 Exhibit 208, # 49 Exhibit 209, # 50 Exhibit 210, # 51 Exhibit 211, # 52 Exhibit 212, # 53 Exhibit 213, # 54 Exhibit 214, # 55 Exhibit 215, # 56 Exhibit 216, # 57 Exhibit 217, # 58 Exhibit 218, # 59 Exhibit 219, # 60 Exhibit 220, # 61 Exhibit 221, # 62 Exhibit 222, # 63 Exhibit 223, # 64 Exhibit 224, # 65 Exhibit 225, # 66 Exhibit 226, # 67 Exhibit 227, # 68 Exhibit 228, # 69 Exhibit 229, # 70 Exhibit 230, # 71 Exhibit 231, # 72 Exhibit 232, # 73 Exhibit 233, # 74 Exhibit 234, # 75 Exhibit 235, # 76 Exhibit 236, # 77 Exhibit 237, # 78 Exhibit 238, # 79 Exhibit 239, # 80 Exhibit 240, # 81 Exhibit 241, # 82 Exhibit 242, # 83 Exhibit 243, # 84 Exhibit 244, # 85 Exhibit 245, # 86 Exhibit 246, # 87 Exhibit 247)(Kohlmann, Susan)

t
....;:

:/

To: "Bt'lnu Narasimhan' [e-mail];:,"NlkeshArora"

From: "David Eun" .:[e-mail];:
Cc: "Peter Cf':ane" [e-mail];;, "Hunter W alk"[e-mail];:,

'Patìick Walker" ~[e-mail];;, "Ethan Anderson' ",[e-mail]::, "David Fischer" ..dfischer@googlè.com~, "Dave Eun' ,[e-mail]~, "John Herlihy" ~johnh@gooie,com;:, 'William
Kipp" -:[e-mail]:i, "Jennifer Feikin" "'feikì[e-mail];:, 'Susn WojCiCki"

'Niklil Bhatla' ",r~khl@goo¡ecom;,
Bee: Received Date:

1

2OQ6-0s-oa 18:25:03 CST
RE: Video Ops Update

Subject
Thanks, Bhànu.

Nikesh at al, given the concerns that content owners have about properly

screeníng for ilegal content and our rapIdly íncreasingbase of user-sumitted cotent in genral, i tho it'd be helpful to have a
clear view on wrat affirmative measures Bhanu and her team

are taking

today - and What they plan to do going forward.

We should all keep in mInd that as more user-stibmitted content increase, our abiity to screen for copyright iriringements will become increasingly important - not Jus from a partnership standpoint bu from a pum legal standpoint. At some point, the complaints/concerns we receive could turn into lawsuits ,from deep pocketed content owners,ora clas of them. We need to make wre tha.t the tools an capabífltìes we have to fitter conten corrinue to keep pace with developmens to our Video strategy, as we readjust allccatícns of time and resources acros all the functional areas involved...

Dave

From: Shanu Narasimhan (mailto:[e-mail])
Seni: Wednesday. March 08, 2000 9: 59 AM

To: Nikesh Arora
CC: Peter Chane; Huntèr Walk; Patrick Walker;

Ethan Anderson; David

Fiscr; Dave E un; John Herlihy; William KJpp

Subject: Video Ot-s Update

Hi NikesÌl,

As you may already know, I am managing the video cp team here in MV, J
was chattng with Dave Eun yesterday, giving him an overview

of our

tools and processs, and he menHoned that perhap i could email you some information on this as well so YOU have better visibilty into what

we are currritly doing and what our plans are for the future. ¡ have

Highiy Con~identiai

800001-00923210

~~ .~;:.

includerhì9hliçihtSbeìO\,andamalso enclosing some slides thatl
shred with Dave a couple of weeks ago thaj contain and video ops. Pf.sefee fre

an overview of vi,deo

to eiailme Elny ai:tion questlOns

that you may t'iave,

Google Video Current State

US Produc, US Policies Apply
Video is currently a USl.com product with IP retrict in china

and Inda. We removed IP restrict recenHy in Fr, DE, Kore.Çurrentlyour

team is working solely under US policles and appficable copyright laws, however, we are commìted to honoring the rights of copyright owners worldivide.

Conent Reviewed in US Ony
OnHm an standard partner uploaded content currently

gets reVÌ6wed

only in the US. Our team sees thumbnails only, noaudiQ..We disapprOVe for poHcy (porn, violence, etc.) or copyright - content that is not
reenlzed by reviewer (!ike boHywoo movies, europeanshoW$, etc) is

approvable.

Takedowns Base on DMCA, UseriGooler input
We rely on content owners sending us DMCA complaints to takedown copyright content. We review emaìls sent to us by users an review

videos for poble policy violation.
We also have an internal sparrow page

that googlers can leverage to

bring contE:1l to ou altenlior

(http://wWl.corp.goole.comJsparrow/googlevideo/takedown.html#sparrow) we review thìs content and takedown if appropriate. We try to notify the uploader that their content was taken down soon after the fact. We also give uploaders info on ho to cO\'jr¡ter complain if they think they do in fact own copyright to their video,
Par i!me OubUn ïearn Fielding Compiaints and Identifying friringing

Content
When we removed ¡P restrict in Fr, DE, we also trained arid assigned 3 part time resurces from th onlinG cp team in Dublin to help iivith
u.~r/government complaints so we could provide more $p resolution.

These people work for Bil Kíppand are trained in policy/copyright

reiated ernaHs an takedowns.

Highly Confidential

GOOOj,-OO£l 3Z:i

,:'l

We are currently leveraging this part time team to idenify infringing
UK/European content in the index

and asking them to add the URLsto our

sprrow page. We have just beun taking this conten clow. In the meantime, lM SBC has recently ben seing us DMCA complaints (nearly
200 vidEloS thus far)

Goo!e Video Future Stata
Google Video E nglriering Currently W orkìng on Tools to Protect Content

Ownes
1) Enhanced Google Oprations tools fincrementai releases over next 4-6

weeks)

lncreased ease of use and accuraoyvia the preseiiation of video mela
data into the review procss, híghlìgrJing of family unsfe words, using

intadata to find similar fies already live or th have been previously
removed from GV. Creation ofa takedown tool to sped the removal of problematic videos one they are live. Tracking violation by up!oader to faciltate closing accouns of senai violators.

2) Technical copyright/duplication file detecion (next 1-3 months)

Introducng activities Into the review pitJliri which wíl compare the
aUdio andor video of uploaded fles agains carca! content aiready

!ive within GV (or potentially even against premium content not !ive with GV but inan a.uthoritative DB we can compareagaínst). These reviews wil potentially aLltomaticaUy disapprove matches or raise a flag for manuai review.

3) Auto-DMCA request tool (first release by EOMj Permissoned partners will be able to flag video in the GV UL and electrorJcally sumit these in batches to Gon!e as DMCA lakedowf1

reqsts.

Full Time Dublin Ops Team Upon Localization
When we localíze video and launh in Europe, we wm have a fulltìme team in Dublin (probably one person per language) that wìl handle the

f\i1 spectrum of vide reviews. emaîls and takedowns. The review tool wil have European qt.ieL'e so that conen uploaded in Europ gets
reviewed by Dublin. We are also working with the legal teams to localíze

our help content and CRs for European laws,and our steps may vary
somewhat from the US. The MV team wi! train the Dublin team an ensure things gei off the ground smoothly.

Highly Conf~dential

00001-009232.12