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#S

`r>UP\Tr6~J, ~h~Aa)cRoSE
CASE: Viacom, et al., v. YouTube, et al., The Football
07-CV-2203 and 07-CV-3582

Association Premier League, et al., v. YouTube, ct al.,
Case Nos.

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

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hah.

god,

I still

keep
to a

1/2

expecting
but it doesn't

us to hit a ceiling...to seem like it's going 12:21:37 AM tunawarrior: i have been thinking

plateau happen little and from

differently

about

it.

i

was

thinking,

maybe

we're
registrations all these

doing
is other that we may

so well on all the rankings be fundamentally different websites, as in. 12:21:46 AM tunawarrior: a we don't really provide like ebay/google/craigslist 12:22:18 AM tunawarrior:
but we're the first mass

service

entertainment

thing

accessible

through

the

internet.

uhm,

like

we're

some

kind

of

convergence
today

thing

between

tv/internet.

12:22:53 AM maryrosedunton:
yup. I spent like an two hours just zoned out watching videos 12:23:05 AM tunawarrior: dude,
minutes

watch AM

your

email

in

about

2

12:23:07

tunawarrior:

these numbers are amazing 12:23:08 AM tunawarrior: today

12:23:14 AM maryrosedunton:
hah...cool.

12:24:13 AM maryrosedunton:
oh, I totally agree on the thing - it sounds sort of do think we're revolutionizing convergence dorky, but I really entertainment random people

12:24:39 AM maryrosedunton:
I run into more and more who are huge fans of ours 12:24:51 AM tunawarrior: oh, exactly. AM re:
entertainment

revolutionizing

12:25:04

tunawarrior: but by i think other to do it. telling he built for slide and it's

haha, it does sound dorky it has just been over-used companies who have attempted

12:26:20 AM maryrosedunton:
ya,
me

totally.
about all

oh
this

man,
cool

powers

was stuff

collaborative

filtering/recommendations

never
direction 12:26:40 right, while alexa

been

used.

max doesn't
or

think
something. like kicking charts.

that's

the

right

F

for the product AM tunawarrior:

i was sort of thinking, it's awesome that we're and we're rising on the

ass

on

12:26:54 AM maryrosedunton:
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i

hah

12:26:59 but i internet,

AM think

tunawarrior: we're that we bigger should than the be comparing ourselves

to,
I
in

say,
like
there

abc/fox/whatever.
the steve mike thing you put

12:27:00 AM maryrosedunton: 12:27:40 AM maryrosedunton:

f-ing
2/1 to

a. look at the numbers from
now

12:27:52
ya

AM AM
a 150%

tunawarrior: tunawarrior:
increase

12:27:55
like

12:27:59
and! i

AM AM
never

tunawarrior: tunawarrior: is,
heard

12:28:06 the
have

thing AM can
some

still,
of

a
us.

ton

of

people

12:28:20 if
make

tunawarrior: keep
revenue

we

up

the

scaling

and

12:28:44 AM maryrosedunton:
oh, and
now

I know, although more people who AM tunawarrior:

I meet more have heard of

us

12:28:49

who wouldn't use us? potentially better entertainment than cable and have to pay for it, you can talk to can create your own channels, so on
on.

you don't other users so

about

it,

you

12:29:29 AM maryrosedunton:
yup. but
there

I

registrations still feel AM it's product

like

doubled we're

this month, lacking

12:29:51 hahaha. in the
it?

tunawarrior: a little side of funny, youtube, being isn't

12:29:59
it's
charts

AM tunawarrior:
you
numbers

like,
and

have

to
and

look
see

at
where

these
we can

improve 12:30:03

AM

tunawarrior: growth

I:

when this is like unprecedented 12:30:04 AM tunawarrior: for any company totally. focus you still where we have can

12:30:19 AM maryrosedunton:
hah. ya, to always
better

on

do

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12:37:26 AM maryrosedunton:
oh, so by the way, after on friday, I did a little and went through all the
rated to try and figure

our discussion exercise on friday most viewed/most dicussed/top
out what percentage

favorites/top

is
hah.

or

has
shit,

copyrighted
never mind

material,

it

was

over

70%

12:38:55 AM maryrosedunton:
12:39:12
hahaha

AM AM

tunawarrior:
i'

12:39:21 maryrose, oh, what I found
review

tunawarrior: you're fired. say went is and after flagged

12:39:43 AM maryrosedunton:
I meant to that 70%, I AM
of course.

it

all

for

12:39:57
oh!

tunawarrior:

12:40:36 AM maryrosedunton:
because having material, 12:40:54 a we've got to work towards site 100% free of copyrighted ya know. AM tunawarrior:

yes,

error

on the
at all

side

of

protecting

copyrights.

costs. agree with fire him.

12:41:12 AM maryrosedunton:
too bad micah doesn't us. we might have to 12:41:48 AM tunawarrior:

yes,

sticking

to

our

in-house

1 strike

per employee 12:41:55 AM love
are

policy. tunawarrior: to death, but rules i

the
rules.

guy

tunawarrior disconnected (1:41:46 AM)
11:51:48 PM tunawarrior:

http://www.apple.com/downloads/dashboard/

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