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

Filing 227

DECLARATION of Michael Rubin Part 2 in Support re: 177 MOTION for Summary Judgment Regarding Applicability of the DMCA and on Plaintiffs' Inducement Claims.. Document filed by Youtube, Inc., Youtube, LLC, Google, Inc.. (Attachments: # 1 Exhibit 1 to Rubin Declaration Part 2, # 2 Exhibit 2 to Rubin Declaration Part 2, # 3 Exhibit 3 to Rubin Declaration Part 2, # 4 Exhibit 4 to Rubin Declaration Part 2)(Schapiro, Andrew)

RUBIN DECLARATION EXHIBITS CONTINUED

Rubin Exhibit 68

Rubin Exhibit 69

Selected Documents Regarding Mistaken Takedown Requests Other Companies Sent to YouTube

Ex. No. (Bates No.) Ex. No. 70 (GOO00101650239­40)

Date Sep. 1, 2006

Description CBS to YouTube in email entitled "URGENT Request to Reinstate User due to Mistake in Notice of Infringement": "Our Notices of Infringement were prepared without the knowledge that these videos were uploaded by Electric Artists, an agency acting on behalf of CBS, which has user account TXCANY." Belgian non-profit company CuttingEdge.be to YouTube after receiving notice that the video "Linkin Park, `What I've Done,'" had been removed due to a takedown notice by Warner Music Group: "there's no infringement here, as we received the videos from the local office of the record label, with the kind permission to embed them in our site (http://www.cuttingedge.be). That's what we use YouTube for." Warner Brothers to YouTube: "Can you please reinstate the YouTube account warnerbrosonline? I believe we sent notices to YouTube regarding warnerbrosonline and we would like to retract the notices."

Ex. No. 71 (GOO00108542946­50)

May 8, 2007

Ex. No. 72 (GOO00108587393)

May 21, 2007

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Ex. No. (Bates No.) Ex. No. 73 (GOO00108615773­78)

Date May 31, 2007 Jun. 1, 2007

Description BayTSP, on behalf of MGM, writing to YouTube to retract takedown notices directed to YouTube account "beachpartyboi," which was "part of two viral video contests/marketing campaigns," also attaching a spreadsheet "that has the usernames, filenames and URLs that I would like to retract." Warner Brothers to YouTube: "Can you please reinstate the YouTube account warnerbrosonline? I believe we sent a notice to YouTube regarding warnerbrosonline and we would like to retract the notice. Additionally can you please restore the Tex Avery Droopy video listed below for this account." Roadrunner Records to YouTube in email entitled "Accidental Takedown Notice": "We accidentally sent notice for a video one of our bands has on their own account," and asking if YouTube could "please reinstate it?" Letter from Digital Media Everywhere to YouTube in response to removal of "Gumby on the Moon" by Warner Brothers: "Despite Warner's assertion of ownership to the rights to Gumby on the Moon, Premavision signed an agreement with Warner ending Warner's control of the Gumby content."

Ex. No. 74 (GOO00108587390)

Jun. 4, 2007

Ex. No. 75 (GOO00108844484)

Jul. 27, 2007

Ex. No. 76 (GOO00108884398­400)

Aug. 1, 2007

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Ex. No. (Bates No.) Ex. No. 77 (GOO00109107557)

Date Sep. 19, 2007

Description Concord Music Group to YouTube in email entitled "Would like reinstatement of an account `GregBass'": "we directed our Independent Online Marketing Company Special Ops Media Group [sic] post the video under their account `GregBass.' This morning I have learned that their account was deactivated due to their posting this video. PLEASE reinstate their account `GregBass.'" SONY BMG to YouTube: "We inadvertently added this to a take-down request we were working on this morning. This is our licensed SONY BMG content living in one of our owned [sic] channels." SONY BMG to YouTube: "We did it again! We inadvertently sent a take-down request on behalf of our own content." SONY BMG to YouTube: "We did it again! We sent a take-down on behalf of our own content living in one of our channels!" JibJab Media to YouTube: "I have a bit of an embarrassing situation that I hope you can help us resolve. Due to lack of internal communication, our very own Operations Department filed copyright complaints against the video content in our very own YouTube channel (http:.//youtube.com/jibjab)." SONY BMG to YouTube: "We did it yet again! We issued a take-down on a video that was living in one of our channels."

Ex. No. 78 (GOO00109208713­14)

Oct. 9, 2007

Ex. No. 79 (GOO00109213404­05) Ex. No. 80 (GOO00109227585) Ex. No. 81 (GOO00109255302­03)

Oct. 10, 2007

Oct. 12, 2007

Oct. 19, 2007

Ex. No. 82 (GOO00109268595­96)

Oct. 23, 2007

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Ex. No. (Bates No.) Ex. No. 83 (GOO00109293652)

Date Oct. 30, 2007

Description SONY BMG to YouTube: "We took down another one of our own videos."

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Rubin Exhibit 70

Rubin Exhibit 71

Rubin Exhibit 72

Rubin Exhibit 73

Rubin Exhibit 74

Rubin Exhibit 75

Rubin Exhibit 76

Rubin Exhibit 77

Rubin Exhibit 78

Rubin Exhibit 79

Rubin Exhibit 80