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: Subject:

Chad Hurley ~[e-mail]?
Saturday, September 3,2005 11 :09 PM

Jawed ?

Steve Chen ':[e-mail]?

Re: copyrighted material! ! !

lets just work in that flagging feature soon... then we won't be liable.

On Sep 3, 2005, at 2:02 AM, Steve Chen wrote:

? yes, then i agree with you. take down whole movies. take down ? entire TV shows. take down XX stuff. ~

?

? everything else keep including sports, commercials, news, etc.

? keeping it, we improve video uploads, videos viewed, and user

?

? registrations. by removing it, we may taint our reputation, but, ? where else are these people going to go to upload personal videos?

? -s

? ?
~

? On Sep 3, 2005, at 2:00 AM, Jawed wrote:

?? my suggested policy is really lax though. all I'm saying is: take

~:: down
?? whole movies. we dont get many of those. and we SHOULD take down ~? entire TV ?:; shows, like an entire family guy episode.

?:;
?? we've also been taking down clips of TV shows, like family guy... we

?:; should probably continue doing that, otherwise youtube will just ?::look like
?? a dumping ground for copyrighted stuff. if we keep that policy, I ?? don't

?:: ?? XX stutfwe should never allow. at least, not until we have a way to
?? separate it via tagging as "R-rated".

?~ thin our views will decrease at alL.

?:;
?? Jawed

?? ??
?? ?? ??
?:; http://www.jawed.com!

?? ??
;,?

?? On Sat, 3 Sep 2005, Steve Chen wrote:

??? ya, i know that if remove all that content. we go from i 00,000
??? views

???

??? a day down to about 20,000 views or maybe even lower.

DATE: 4-22~ôC1 EXHIBIT# DEPONENT:HU R.'i i c. , 5
CASE: Viacom, et aI., v. YouTube, et aI., The Football
Associatìon Premier League, et aI., v. Y ouTube, et al

??? the copyright inringement stuff. i mean, we can presumably claim

Case Nos. 07-CV-2203 and 07-CV-3582 .,

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

~

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;:;:;: that we don't know who owns the rights to that video and by
;:;:;: uploading, the user is claiming they own that video. we're

;:;:;: protcctcd ;:;:;: by DMCA for that. we'll take it down if we get a "cease and ;:;:;: desist". ;:;:;: ;:;:;: what i mean is, potentially, any of this content could be the user's ;:;:;: videos. maybe it's david sacks uploading a clip/preview of some ;:;:;:movie. ;:::;: ;:;:;: why don't we just remove the XX stuff for now? ;:;:;: ;:;:;: -s ;:;:::
;:;:;: On Sep 3,2005, at 1:53 AM, Jawed wrote:

;:;:;: ;:::;: ;:;:;: ;:;:;:;: well I'd just remove the obviously copyright infringing stuff. ;:;:;:;: ;:;:;:;: movies and tv shows, I'd get rid of. we are not a glorified ;:;:;:;: putfile, ;:;:;:;: right? ;:;:;:;: ;:;:;:;: none of the most favorite videos are movies or tv shows. we're ok ;:;:;:;: cracking ;:;:;:;: down on this content. we'll leave music videos, news clips, and ;:;:;:;: clips of ;:;:;:;: com dey shows for now. ;:;:;:;: ;:;:;:;: I thin thats a prctty good policy for now, no? ;:;:;:;: ;:;:;:;: Jawed ;:;:;:;: ;:::;:;: ;:;:;:;: http://www.jawed.com/ ;:;:;:;: ;:;:;:;: ;:;:;:;: ;:;:;:;: On Sat, 3 Sep 2005, Steve Chen wrote: ;:;:;:;: ;:;:;:;: ;:;:;:;: ;:;:;:;: ;:;:;:;:;: i'm thinking it's still okay. ;:;:;:;:;: ;:;:;:;:;: what's the difference between big-boys/stupidvideos vs youtube? ;:;:;:;:;:isn't it the community and user aspect? ;:;:;:;:;: ;:;:;:;:;: if you look at the top videos on the site, it's all from this ;:;:;:;:;: type of ;:;:;:;:;: content. in a way, if you remove the potential copyright ;:;:;:;:;: infringements, wouldn't you stil say these are still "personal" ;:;:;:;:;: videos? ;:;:;:;:;: ;:::;:;:;: if you define "personal" videos to be videos on your personal hard ;:;:;:;:;: drve that you want to upload and share with people? ;:;:;:;:;: ;:::;:;:;: anyway, if wc do rcmovc that stuf, sitc traffic and virality wil ;:;:;:;:;: drop to maybe 20% of what it is. i think, as people hear about

;:::;:;:;:the

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;:;:;:;:;: site, a good amount of

the materials on the site is still

;:;:;:;:;: personal -;:;::;:;;: they'll start recognizing that it's a place to sharc their own ;:;:;:;:;: personal videos. ;::;;:;:;: ;:;:;:;:;: i'd hate to prematurely attack a problem and end up just losing ;:;:;:;:;: growth due to it. :;:;;::;:; ;:;:;:;:;: also, doesn't the DMCA cover us from a lot of this, as the guy

;:;:;:;:;:said? ;:;:;:;:;:
:;;:;:;:;: ;:;:;::;;: On Sep 3, 2005, at 12:22 AM, Chad Hurley wrote: ;:;:;:;:;: ;:;:;:;:;: ;:;:;:;:;: :;;:;::;;:
;:;:;:;:;:;: aaahhh, the site is starting to get out of control with

;:;:;:;:;:-s

;:;:;:;:;::; copyrighted material. we are becoming another big-boys or
;:;:;:;:;:;: stupidvideos. if

you came to the site now, that is what you would

;::;;:;:;:;: think the site is all about... just look at the recent videos in ;:;:;:;:;:;: the admin tool. :;;:;:;:;::; ;:;:;:;:;:;: i think we may need to star enforcing the restrictions soon and ;::;;:;:;:;: implement the flagging feature. ;::;;:;:;:;: ;:;:;:;:;:;: -chad ;:;:;:;:;:;: ;:;:;:;:;:;: :;;::;;:;::; ;:;:;:;:;:;: ;:;:;:;:;:;: :;;:;:;:;:;: :;;:;:;::; :;:;:;:;:; ;:;:;:;:;: ;:;:;:;:;: ;:;:;:;:;: ;:;:;:;: ;:;:;:;: ;:;:;:;: ;:;:;: ;:;:;: ;:;:;: ;:;:;: ;:;: ;:;: ;:
;: ;:

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