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)

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EXHIBIT# 3

'D~~To~ , alt~Ryeose
CASE: Viacom, et al., v. YouTube, eral., The Football Association Premier League, et al., v. YouTube, et al.,
Case Nos. 07-CV-2203 and 07-CV-3582

A. Ignacio Howard, CLR, RPR, CSR No. 9830

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12:09:39 everyone's

AM

tunawarrior: talking to but larger that us ya, and since the larger,

12:10:05 AM maryrosedunton:
hah. oh totally. team is getting openly admit to people 12:10:24 freak AM you can't really

12:10:21 AM maryrosedunton:
out tunawarrior: i'd our efforts as we can in building up through whatever

if i were running the show, say, we concentrate all of our numbers as aggressively
however evil

tactics,

12:10:30 ie,
ya

AM

tunawarrior: myspace

scraping

12:10:33 AM maryrosedunton:
12:10:38 AM tunawarrior: up, views

but just get user metrics up, keep scaling out. 12:10:47 AM tunawarrior:

then 3 months, sell it with 20m per day and like 2m users or somethihng. 12:10:57 AM tunawarrior: because 12:11:02 to keep 12:11:05 things
control.

views

my fear is, AM tunawarrior: up with this AM tunawarrior: are AM going to

in

3 months.

growth. get so out of

12:11:14

tunawarrior: like 10% pushes or

we're going to be pushing of the traffic that google something. 12:11:20 AM tunawarrior:

with
blah

1/1000th

the

budget.

12:11:24 AM maryrosedunton:
12:11:37
hahaha

AM AM
that

tunawarrior: tunawarrior:
blah mean

12:11:39
what's

12:11:46 think

AM i'm

tunawarrior: pessimistic? that's a

12:12:02 AM maryrosedunton:
hah...oh no, I just mean crazy amount of traffic 12:12:06 AM tunawarrior:
see, between i think $250m we can $500m. sell

for

somewhere

12:12:08

AM

tunawarrior:

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in

the

next

3

months.

12:12:16 and there

AM

tunawarrior: *is* a potential to get

to

Slb

or
AM

something.
tunawarrior: going to take work and probably round of funding. like dilution and

12:12:28

but, man, that's 2 years of hard getting another

12:12:29 AM maryrosedunton:
and honestly, I can't imagine we could make enough just in advertising operating costs for something that 12:13:56 AM tunawarrior: to large cover

ya, none of these internet companies that get a lot of traffic with a revenue model based on purely advertising make 12:14:02 AM tunawarrior: thinking
myspace

that

much

money.

like AM it AM

friendster tunawarrior:

and

even

12:14:20 i think
model

has

to

be

a more

unique

12:14:25

tunawarrior: is unique tunawarrior: we can try like that to but to pull still and a google off highly lot

like google's 12:14:38 AM i *think* something ya,
of

risky

12:14:54 AM maryrosedunton:
and
work.

a AM

lot

of

time,

12:16:14 hmm we're
in traffic

tunawarrior: beating friendster nowadays

12:18:04 AM maryrosedunton:
nice. hrm, but you know, think to make us attractive us, we've got to really 12:18:39 AM tunawarrior: agreed 12:18:52
and user

i build

still to

someone up users

purchasing

AM AM other
more

tunawarrior: tunawarrior: than
videos

retention

12:19:05 in
to

ways
watch

just

returning

12:19:26 AM maryrosedunton:
yup.
someone

the

views
at the

are
end

awesome.
of the day

but

I

don't knowhow much that's
12:20:14 AM maryrosedunton:
oh oh shit, i we passed
AM tunawarrior:

really worth to

.:

flicks think it's

too still

12:20:16 highly HIGHLY

personally
valuable

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12:20:18
but

AM AM there
do for

tunawarrior: tunawarrior: are
the

12:20:30 i
we

think
can

some
next

easy
3 months

things

12:20:33
that will

AM AM the

tunawarrior:
make us worth a lot more

12:20:37 using
as a

tunawarrior: huge # of
to

uunique
build from

visitors

12:20:42 AM tunawarrior:
foundation

i

12:21:37 AM maryrosedunton:
right. I'm the groups
do

actually stuff, tunawarrior:
it

I

pleased wasn't

with sure

how

that

would

12:21:45
oh i love

AM AM

12:22:00

tunawarrior: a look at in passing it on the QA

i didn't really take much pre-push except playground 12:22:04 AM tunawarrior: but
it

i'm

happy

that

people

are

using

12:22:10 AM maryrosedunton:
ya, totally 12:22:11 AM tthe profile tunawarrior: stuff will see I be my do cool email think too

12:22:30 AM maryrosedunton:
agreed. oh, did you about the blog stuff. good point actually
and the wonder wheel if with we all want that

Mike

has

a

12:22:51 AM maryrosedunton:
to reinvent stuff?

12:22:55 AM maryrosedunton:
(the blog stuff) 12:23:04 AM tunawarrior:
hmm

12:23:09 the
is

AM

tunawarrior: that i'd contend with

only

point AM

12:23:14 for every

tunawarrior: person using the blog functionality

12:23:19 we'd
content

AM tunawarrior: getting more user generated i want
that if

'

be

12:23:27 and
to right,

AM tunawarrior: person
it, but I so

that
read

will
on,

others
cycle

12:24:21 AM maryrosedunton:
wonder we would gain

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more users from integrating instead of trying to duplicate 12:24:43 AM tunawarrior:

with

livejournal, them?

right,
12:25:04 but the content minutes 12:25:08 is
hm

ya
AM

i

see

that

point

too

tunawarrior: 30+

bulk of the user generated that these guys are spending to write each day AM tunawarrior: to AM be hosted elsewhere,

going

12:25:13

tunawarrior: go either tunawarrior: way market faster

well, i can 12:25:16 AM

if it can get us to 12:25:30 AM tunawarrior:

i really like the whole dropdown to integrate address book thing 12:25:55 AM tunawarrior: wondering
like

if AM

we

can

put

rizzo

on

12:26:04 permanent,
out next

tunawarrior: small-features, going

week.

12:26:11 and
live

AM
branch.

tunawarrior: always be working on the

he'll

12:26:28 AM maryrosedunton:
oh hrm. stuff
the

probably. the premium though, do
live branch?

12:26:51 AM maryrosedunton:
content we want provider that going out on

12:26:58 AM maryrosedunton:

that's
12:27:03 hm it's

on rizzo's
AM pretty tunawarrior: big,

plate
isn't it? all needs to figure out

12:27:31 AM maryrosedunton:
actually, the flow isn't really that complicated. it's just rizzo how to deal with the images. 12:27:46 AM tunawarrior: ah right. users to upload images for

12:27:47 AM maryrosedunton:
allowing

their
ya big

watch

pages
to

and profile
tackle seeing
so our much current trouble machines.

f

12:28:12 AM tunawarrior:
problems
we're out AM as how serving 12:28:19 already having the images on tunawarrior: have no

ji

it's funny how we serving out videos

problems

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The following is a true and correct copy of this instant message conversation as produced by Defendants.