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)

From: Sent:
To: Cc:

KarimJ~?;Pan Yu_; Solomon

Steve.Chen ";[e-mail]? Tuesday, July 19, 2005 9:49 AM Chad Hurley ";[e-mail]?

Mike.,_?
Message Text.txt

Subject: Attach:
Alright.

Re: Y ouTube - Some ideas from Charles

We keep talking about this.
. Reasons for not putting up adwords: . 1. it doesn't make that much money in the short term

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2. our advertsing feature is less than a month away 3. we are going to make design changes to get them in. 3 weeks later, we're going to take them out. 4. but most importantly -- people that use google ads really have no other choice, they get a lot of traffic, but they have to do some kind of text ad linkng thing to generate revenue. we're in a unique situation with YouTube that we can deliver video ads -- we're one of the few and rare sites that allows for this. let's see where it goes before jumping on the google adwords bandwagon.
In other news, j awed, please stop putting stolen videos on the site. Welre going to have a tough time defending the fact that we're not liable for the copyrighted material on the site because we didn't put it up when one of the co-founders is blatantly stealing content from another site and trying to get everyone to see it.
And please, please, please, please, please (I don't know how many times this needs to be said) stop making tweaks to the fucking UI without consulting us. Hi, nice distraction from the video playing when there's blinking text all over the place.
Thank you.

-s
On Jul 19,2005, at 10:26 AM, Chad Hurley wrote:

some good ideas... that revenue sharing one is one that comes up often when I talk to various people... might be a good idea for us down the road. It's actually how google gets big studios to put up content on google video... but the sharing is 30% for google, 70% for the studio. maybe we could match this or beat it with 25/75? It would be interest and I think would motivate people better than a little cash prize. thoughts?

But the simplest way to start making money, is place some adwords text links on the site. We'l! see what happens? Steve? :)

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On Jul19, 2005, at 7:58 AM, Steve Chen wrote:
My friend from Yahoo.

Please read this. Interesting stuff.
Yu Pan, did you know Charles Chariya from IMSA? He was class of '93 him? you lmow him, what do you think of or '94. If
-s

Begin forwarded message:
From: "Charles Chariya" Date: July 19,20056:40:19 AM PDT
To: "Steve Chen" ""[e-mail]'"

Subject: RE: YouTube . Some ideas from Charles

Steve,

jotted down some ideas that might make your overall concept even more compellng. Most aren't
I took a few minutes last night and

completely .
original, and some may take a lot of

work to implement, but I think

Y ouTube could be a huge step in online user generated content.

AD MODEL Although it's obvious you will have video ads in the stream, I see the monetization opportnity in a few key areas:

(a) the front door - which should have the most traffc - could be exposed to advertisers for take-overs for massive one-day events.
(b) content areas - although you do use tags, I thnk that a human
categorizeI' would help people navigate more easily thru the

massive
amounts of available video. Again, takeovers of "Autos"

or "College" or even the existing "Most Popular" areas could be easy wins with advertsers.
(c) video area - so obviously, a video ad before the video, but consider breaking up videos (by a professional editor) into 4-5 minute segments
to insert additional video ads. Obviously a take on what's done in

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network. Also, on the right hand side, I'd suggest using an

industr
standard Ad Position.

(d) sponsored search results - this may be an easy fall-back, but
should be considered, especially ifusers are doing a lot of search activity.

AD SALES I assume you're already working towards gettng to profitability.
I'd

pull a team to start selling to the agency and advertising community ASAP. Put them on a 50/50 or higher compensation plan to minimize the bum rate. I suggest senior sellers with connections in the ad community, since the budgets you are tapping wil likely be traditional budgets - and a Inside Sales Organization won't really cut it for the
long hauL.

PRODUCER NETWORK Ok, so here's the exciting concept: Why not make a profit sharing
system for these content producers. A 1-5% rev share on all video ads that are served in the video stream. Some quick math:

Assume a $5 CPM
Video Popularty 1k streams lOOk st 1 mil st

Revenue $5 $500
$5k

Rev Share $0.25 $25
$250

Have "All-Star" producers. Make

particular producers. Hire professional/famous producers to create original content. Seek out the content that's already available and
give beneficial terms (up to 10% rev share) if

ar of .

Currently video ads run at $10-15. CPMs for video ads will increase over time, as the market catches up with the supply.
Give users stats on the usage/viewership of the videos they upload. pages dedicated to the body of

it's worthy (star wars

movie, independent movie producers, anything else).
So that's my first stab at some major monetization and ads related content. Obviously, I've been working in the space for a while, so

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feel
free to lean on me if you have other ideas, if

you need a bounceyou're around

board.
I'm in Sunnyvale next week on Tues-Thurs, if

would love to
grab dinner. Obviously, I think therels a lot of potentiaL. Let me

know how you think 1 can help. Charles

-----Original Message----From: Steve Cheii (mailto:[e-mail])

Sent: Monday, July 18,20053:40 PM
To:

Subject: YouTube

Yo Charles -This is Steve from geno.

you

Giving you my e-mail [e-mail]. Talking to now.

-s

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