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 81

Rubin Exhibit 82

Rubin Exhibit 83

Rubin Exhibit 84

1

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK VIACOM INTERNATIONAL, INC., COMEDY PARTNERS, COUNTRY MUSIC TELEVISION, INC., PARAMOUNT PICTURES CORPORATION, and BLACK ENTERTAINMENT TELEVISION, LLC, ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) NO. 07-CV-2103 ) YOUTUBE, INC., YOUTUBE, LLC, ) and GOOGLE, INC., ) ) Defendants. ) ___________________________________) ) THE FOOTBALL ASSOCIATION PREMIER ) LEAGUE LIMITED, BOURNE CO., et al.,) on behalf of themselves and all ) others similarly situated, ) ) Plaintiffs, ) vs. ) ) NO. 07-CV-3582 ) YOUTUBE, INC., YOUTUBE, LLC, and ) GOOGLE, INC., ) ) Defendants. ) ___________________________________) V I D E O T A P E D DEPOSITION OF MICHELENA HALLIE NEW YORK, NEW YORK THURSDAY, DECEMBER 10, 2009 JOB NO. 18264

162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15:52:33 15:52:24 15:52:07 15:51:41 15:51:19

MICHELENA HALLIE are clips that we uploaded ourselves." And it looks, at the very top, you are asking Cindy if she has the, "White List." First of all, what is the White List? A. I am assuming from this,

that it is the list of clips that MTVN authorized to be uploaded. Q. compiled? A. People within MTVN were And how was the White List

directed to send any user names or other identifying information to Cindy Morales and/or Warren Solow's group, depending on the time. Q. And in your E-mail in the

middle of the page that starts, "If there are commercials/trailers/promos," your instruction is, "they should be taken down unless they are from the addresses Cindy sent to you." So was the policy, at that time, that clips that appeared to be

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

Rubin Exhibit 85

268

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

V I A C O M INTERNATIONAL, INC., COMEDY P A R T N E R S , COUNTRY MUSIC. T E L E V I S I O N , INC., PARAMOUNT P I C T U R E S CORPORATION, and BLACK E N T E R T A I N M E N T TELEVISION, LLC,

) ) ) ) ) ) Plaintiffs, ) ) vs. ) NO. 07-CV-2103 ) Y O U T U B E , INC., YOUTUBE, LLC, ) a n d GOOGLE, INC., ) ) Defendants. ) ___________________________________) ) T H E FOOTBALL ASSOCIATION PREMIER ) L E A G U E LIMITED, BOURNE CO., et al.,) o n behalf of themselves and all ) o t h e r s similarly situated, ) ) Plaintiffs, ) vs. ) NO. 07-CV-3582 ) Y O U T U B E , INC., YOUTUBE, LLC, and ) G O O G L E , INC., ) ) Defendants. ) ___________________________________) VIDEOTAPED DEPOSITION OF WARREN SOLOW NEW YORK, NEW YORK JANUARY 14TH, 2010 JOB NO. 18509

408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14:34:19 14:34:05 14:33:28 14:33:18 14:33:05

A.

I do not remember the -- this

event, so I really can't speak to what was going through my head at the time. Q. Did you have any discussions

with anyone at Comedy Central prior to sending this takedown notice to determine whether the content identified in the link, in the e-mail of October 12, 2007 was authorized to be on collegehumor.com? A. I have no recollection of such a I couldn't say whether

conversation.

it happened or not. Q. Did you have a conversation with

anyone at MTV on the same subject? MS. KOHLMANN: A. event. Q. Before sending a takedown notice Objection.

I have no recollection of this

do you require that an analysis be conducted to determine that the content to be taken down is authorized by Viacom or any of its subsidiaries to be on the service at issue? MS. KOHLMANN: Objection as to

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

409 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14:35:46 14:35:38 14:35:20 14:34:59 14:34:44

form. A. We take some steps to attempt to

mitigate situations where we take our own content that maybe authorized down. Q. What steps do you take to

mitigate those circumstances, Mr. Solow? A. We ask that those departments

who are in the business of posting clips to websites to provide information as to their activities. Q. When did you first begin asking

departments at Viacom who were engaged in uploading content to websites such as YouTube to provide information about their uploading activities to you? MS. KOHLMANN: can answer. A. I don't have a recollection. Objection. You

Those mechanisms may have been in place before my involvement was in this regard. Q. When did your involvement in

this regard begin, Mr. Solow? A. In early 2007.

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

410 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14:37:04 14:36:41 14:36:36 14:36:13 14:36:05

Q.

Prior to the date that Viacom

sued YouTube? A. Q. Yes. What information do you ask that

the Viacom departments involved in the upload of their content to services like YouTube provide to your department? MS. KOHLMANN: form. A. There is not as much information Objection as to

as is available that will facilitate our ability to identify those clips. Q. With specificity, Mr. Solow

please identify the specific types of information you asked those types of departments to provide you with? MS. KOHLMANN: form. A. Website URL is the most material Objection as to

information that we ask for. Q. Do you ask for the user name of

the account to which the content was uploaded? A. That is often provided, that is

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

411 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14:38:39 14:38:23 14:37:54 14:37:43 14:37:21

almost always provided.

I have no

recollection of ever asking, physically asking somebody to provide information to me. But I do know what information

I do get and user ID is generally a part of that. Q. What other information do you

usually get? A. User ID, URL, website, that's Perhaps this is a

what comes to mind.

non-comprehensive list, perhaps the asset from which it comes or that it's attached to. Q. Do you ever receive or ask for

the IP address from which the content has been posted? A. Q. A. that. Q. Do you keep a record of the No. Why not? I haven't identified a need for

information that is provided to you from the departments at Viacom that upload their content to YouTube and other services?

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14:40:01 14:39:50 14:39:32 14:39:04 14:38:48

MS. KOHLMANN: A. Q. Pardon me.

Objection.

I do not, no.

Is a record kept of that

information? A. Q. A. Q. Yes. Where is that record kept? I'm not sure. How can you state with certainty

that such a record is kept? A. Because I've asked somebody to

do it and I trust that they've done it. Q. A. Q. Who have you asked to do it? Michael Housley. Do you believe it's important

that that list be comprehensive? MS. KOHLMANN: form. A. I believe that it is important Objection as to

to endeavor to have a comprehensive list. Q. So you do believe it's important

that that set of information is comprehensive about the activities of the departments at Viacom that uploaded their content to use, for example,

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

413 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14:40:57 14:40:50 14:40:38 14:40:17 14:40:10

right? MS. KOHLMANN: Misstates the record. A. Objection. You can answer.

Importance is a subjective word

but that certainly is information that I'd like to have. Q. What value does that information

provide to you in the execution of your responsibilities at Viacom? A. It adds an increased level of

precision. Q. A. In what sense? It helps mitigate the removal of

clips that some parts of the organization would prefer to stay in place. Q. It prevents Viacom from

mistakenly removing content that it itself has authorized to be on the service. Isn't that right? Objection as to

MS. KOHLMANN: form. A.

Those are your words.

I

answered that using my words a moment ago.

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

415 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14:43:47 14:43:28 14:43:14 14:42:21 14:42:13

time. A. Q.

Isn't that right? I believe that to be so. Is information related to that

activity also provided to your department? MS. KOHLMANN: form. A. Information of that variety has Objection as to

been provided to my department. Q. Do you also instruct Mr. Housley

to maintain information related to that activity? A. Q. Yes. Have you ever heard the term,

Mr. Solow, white list? A. Q. Yes. What do you understand the term

white list to mean? A. Q. In what context? In the context in which you

heard it in your employment capacity at Viacom. A. I've heard our approved outside

counsel list referred to in that list, preferred vendor lists, I've heard

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

416 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14:45:02 14:44:53 14:44:39 14:44:25 14:44:10

lists of video content that we would like, that has been authorized for placement in various locations on the internet referred to in that regard also. Q. Have you also heard lists of

authorized user names from whom postings to websites such as YouTube should not be removed referred to as a white list? MS. KOHLMANN: form. A. I've heard of -- not lists of Objection as to

user names but that user name -- user names have been a component of such white lists, yes. Q. Is the information that

Mr. Housley compiles, that we were just referring to a moment ago, referred to as a white list? A. Q. A. Q. By some people. By you, Mr. Solow? Generally not. Have you ever referred to that

as a white list?

DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 2803, New York, NY 10123 [phone]

Rubin Exhibit 86

Rubin Exhibit 87

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
VIACOM INTERNATIONAL INC., COMEDY PARTNERS, COUNTRY MUSIC TELEVISION, INC., PARAMOUNT PICTURES COPRORA TION, and BLACK ENTERTAINMENT TELEVISION LLC,
)
)

)
) )

) )
)

Case No. 1:07-CV-2103-LLS (Related Case NO.1 :07-cv-03582 (LLS))

Plaintiffs, )
)

)

v.

)

YOUTUBE, INC., YOUTUBE, LLC, and
GOOGLE INC.,

) )
)

Defendants.

) )
)

PLAINTIFFS VIACOM INTERNATIONAL INC. ET AL.'S RESPONSES TO DEFENDANTS' FIRST SET OF REQUESTS FOR ADMISSION
Plaintiffs Viacom International Inc. et al. ("Viacom") respond to Defendants First Set of
Requests for Admission ("RF As") as follows.

GENERAL OBJECTIONS
The following General Objections to the RF As are incorporated by reference into each of
Viacom's responses below.
1. Viacom objects to each RF A to the extent it seeks to elicit information protected

by the attorney-client privilege, the work product doctrine, or any other applicable privilege or
immunity.
2. Viacom objects to each RFA to the extent it seeks to elicit Viacom's opinion as
opposed to facts.

1822424.1

3. Viacom objects to each RFA to the extent it seeks to impose obligations or

requirements beyond those imposed by the Federal Rules of Civil Procedure, the Local Rules of
the Southern District of New York, or the applicable standing orders and orders of this Court.
4. Viacom objects to each RF A to the extent it sets forth compound, conjunctive, or
disjunctive statements.

5. Viacom objects to each RF A to the extent it is unduly burdensome and seeks
information not relevant to the above-captioned litigation.

6. Viacom objects to the definitions of "Viacom," "You," and "Your" to the extent
that they are vague, ambiguous, overly broad, and unduly burdensome.
7. Viacom objects to the definition of

"Accused Clip" as compound, vague, and

ambiguous. To the extent that it includes clips that are not the subject of allegations of

infringement in this litigation, Viacom further objects to that definition as overly broad, unduly

burdensome, and not reasonably related to the claims or defenses at issue. Hereafter, Viacom
uses the term "Clips In Suit" to refer to the clips that are actually at issue in this litigation, as
identified in Viacom' s Works In Suit Disclosure of October 15, 2009.
8. Viacom objects to the use of

the phrase "DMCA Takedown Notice" as vague,
these Responses, Viacom

ambiguous, and calling for a legal conclusion. For the purposes of

construes that phrase to refer to any notice alleging copyright infringement and requesting the
removal of materiaL.
9. Viacom objects to the use of

the phrase "at all relevant times" as vague and

ambiguous.
10. In objecting to Defendants' First Set of

Requests for Admission, Viacom does not

in any way waive or intend to waive but, rather, intends to preserve and are preserving:

2

a. all objections as to competency, relevancy, materiality, privilege and admissibility of

evidence for any purpose of any information or document, or the subject matter thereof, in the
trial of

this or any other action or subsequent proceedings;

b. the right to object to the use of any information or document, or the subject matter

thereof, in the trial of this or any other action or subsequent proceedings;
c. the right to elicit appropriate evidence, beyond the responses themselves, regarding the

subjects referred to in or in response to any RF A; and
d. the right at any time to correct, supplement, or clarify any of

the objections or responses.

11. These general objections are incorporated by reference into each of

Via

com's

Responses set forth below.

RESPONSES AND OBJECTIONS TO SPECIFIC REQUESTS FOR ADMISSION

REQUEST FOR ADMISSION NO.1:

Admit that at all relevant times Y ouTube was a "service provider" as that term is
used in 17 U.S.C. § 512(k)(1)(B).

Admit that YouTube is a "service provider" as that term is used in 17 U.S.C. §

512(k)(l )(B). For purposes of clarity, Viacom denies that YouTube is or ever has been a

"service provider" as that term is used in 17 U.S.C. § 512(k)(l)(A).

REQUEST FOR ADMISSION NO.2:

Admit that at all relevant times, YouTube stored material "at the direction of a
user" as that phrase is used in 17 U.S.c. § 512(c)(1).

Deny.

REQUEST FOR ADMISSION NO.3:

3

Admit that the material You allege to infringe Your copyrights in this case was

stored on the youtube.com service "at the direction of a user" as that phrase is used in 17
U.S.C. § 512(c)(1).

Deny.

REQUEST FOR ADMISSION NO.4:
Admit that all of Your copyright infringement claims in this action allege

infringement of copyrights "by reason of the storage at the direction of a user" of material
that resides on a system or network controlled or operated by or for Y ouTube, as set forth

in 17 U.S.C. § 512(c)(I).
Deny.

REQUEST FOR ADMISSION NO.5:
Admit that at all relevant times, Y ouTube had "designated an agent to receive
notifications of claimed infringement" as set forth in 17 U.S.c. § 512(c)(2).
Deny.

REQUEST FOR ADMISSION NO.6:
Admit that on every occasion that You sent YouTube a DMCA Takedown Notice

relating to an Accused Clip, Y ouTube responded "expeditiously," as that phrase is used in
17 U.S.C. § 512(c)(l)(A)(ii), to remove or disable access to the material claimed to be
infringing.
Deny.

4

REQUEST FOR ADMISSION NO.7:
Admit that on every occasion that You sent YouTube a DMCA Takedown Notice

relating to an Accused Clip, YouTube responded within seventy-two business hours to

remove or disable access to the material claimed to be infringing.
Deny.

REQUEST FOR ADMISSION NO.8:
Admit that for all of the Accused Clips, prior to receiving a DMCA Takedown
Notice from You identifying those specific clips, YouTube did not have "actual knowledge"
that the material was infringing, as described in 17 U.S.c. § 512(c)(l)(A)(i).
Deny.

REQUEST FOR ADMISSION NO.9:
Admit that on no occasion did Y ouTube fail to expeditiously remove or disable
access to an Accused Clip to the extent Y ouTube became aware of facts or circumstances

from which infringing activity was apparent, as described in 17 U.S.C. § 512(c)(I)(A)(ii).
Deny.

REQUEST FOR ADMISSION NO. 10:

Admit that YouTube lacked the right and abilty to control the infringing activity
alleged by You in this case, as described in 17 U.S.C. § 512(c)(I)(B).

Deny.

REQUEST FOR ADMISSION NO. 11:

Admit that Y ouTube did not receive a financial benefit directly attributable to the
infringing activity alleged by You in this case, as described in 17 U.S.c. § 512(c)(I)(B).
Deny.

REQUEST FOR ADMISSION NO. 12:

5

Admit that at all relevant times, access to and use of the youtube.com service was provided to users by Y ouTube free and without charge.
Viacom objects to this RF A on the ground that the terms "access to," "use of," and

"users" are vague, ambiguous, and potentially cover a broad range of activities. Subject to and
without waiving that objection, Viacom admits that users can watch videos on YouTube free and
without charge, but denies this RF A in all other respects.

REQUEST FOR ADMISSION NO. 13:

Admit that at all relevant times Y ouTube had adopted and reasonably
implemented, and informed its subscribers and account holders of, a policy that provides

for the termination in appropriate circumstances of subscribers and account holders of
YouTube who were repeat infringers, as described in 17 U.S.c. § 512(i)(I)(A).
Deny.

REQUEST FOR ADMISSION NO. 14:

Admit that at no time relevant to this lawsuit have there been any "standard
technical measures" in existence as that term is defined in 17 U.S.C. §§ 512(i)(I)(B) and

512(i)(2).
Deny.

REQUEST FOR ADMISSION NO. 15:

Admit that You do not claim in this case that Y ouTube failed to comply with 17
U.S.C. §§ 512(i)(l)(B) (i.e., YouTube accommodates and not interfere with "standard
technical measures" to the extent any exist).
Deny.

REQUEST FOR ADMISSION NO. 16:

6

Admit that You have uploaded videos to the youtube.com service.
Viacom denies that it uploaded to youtube.com any of the Clips In Suit. Viacom admits
that it uploaded a small number of trailers and other promotional videos that are not at issue in this litigation and that such uploads were generally performed with Defendants' knowledge and
encouragement.

REQUEST FOR ADMISSION NO. 17:

Admit that You have uploaded videos to the youtube.com service for marketing and

promotional purposes.
Viacom denies that it uploaded to youtube.com any ofthe Clips in Suit for any purpose,

including marketing and promotional purposes. Viacom admits that it uploaded a small number
of trailers and other promotional videos that are not at issue in this litigation and that such
uploads were generally performed with Defendants' knowledge and encouragement.

REQUEST FOR ADMISSION NO. 18:

Admit that, with respect to some videos uploaded or authorized to be uploaded by
You to the youtube.com service, You intentionally concealed the fact that the uploading of
the videos was done by You or at Your direction.
Deny.

REQUEST FOR ADMISSION NO. 19:

Admit that one or more of the Accused Clips were uploaded by You to the
youtube.com service.
Viacom denies this RF A as to the Clips In Suit. Viacom further denies that it uploaded
any of the clips listed by URL in Attachment A.

REQUEST FOR ADMISSION NO. 20:

7

Admit that the presence on the youtube.com website of videos embodying the Works

in Suit can have the effect of increasing consumer demand for those works.
Viacom objects to this RF A on the grounds that it is vague, ambiguous, and an incomplete hypotheticaL. Subject to that objection, deny.

REQUEST FOR ADMISSION NO. 21:

Individually for each Accused Clip, admit that the Accused Clip was uploaded to

Y ouTube by You or by a third party with Your authorization.
Viacom denies this RF A as to the Clips In Suit. Viacom further denies that it uploaded
any of the clips listed by URL in Attachment A.

REQUEST FOR ADMISSION NO. 22:
Admit that You created the account "Paraccount" on the Y ouTube service and used

it to upload Your copyrighted material to You

Tube.

Admit.

REQUEST FOR ADMISSION NO. 23:

Admit that You created the account "VHl staff' on the YouTube service and used it
to upload Your copyrighted material to Y ouTube.
Admit.

REQUEST FOR ADMISSION NO. 24:

Admit that You created the account "ParamountVantage" on the YouTube service
and used it to upload Your copyrighted material to Y ouTube.

Admit.

REQUEST FOR ADMISSION NO. 25:

8

Admit that You created the account "MTV2" on the Y ouTube service and used it to
upload Your copyrighted material to Y ouTube.

Deny as to creation, admit as to use.

REQUEST FOR ADMISSION NO. 26:

Admit that You created the account "SpikeTV" on the Y ouTube service and used it
to upload Your copyrighted material to YouTube.
Admit.

REQUEST FOR ADMISSION NO. 27:

Admit that You created the account "ParamountClassics" on the YouTube service
and used it to upload Your copyrighted material to Y ouTube.

Admit.

REQUEST FOR ADMISSION NO. 28:

Admit that You created the account "MTV2AllThatRocks" on the Y ouTube service
and used it to upload Your copyrighted material to Y ouTube.
Admit.

REQUEST FOR ADMISSION NO. 29:
Admit that You authorized Your copyrighted material to be uploaded to You

Tube

under the account name "Thatsfunny".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing

its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 30:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "Thatisalsofunny".

9

Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 31:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "Thatsnotfunny".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 32:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "BroadwayJoe".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 33:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "BroadwayJoe415".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 34:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "PinkStrawberry".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 35:

10

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "PinkStrawberryl".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 36:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "ParkMyVibe".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing

its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 37:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "FiveChemical".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 38:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "FunFunFunnyVideo".
Deny.

REQUEST FOR ADMISSION NO. 39:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "strangewildernessuk".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 40:

11

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "cuongnyc".
Deny.

REQUEST FOR ADMISSION NO. 41:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "skippynyc".
Deny.

REQUEST FOR ADMISSION NO. 42:
Admit that You authorized Your copyrighted material to be uploaded to You

Tube

under the account name "mosjef73".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 43:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "keithhn".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 44:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "MysticaIGirI8".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 45:

12

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube
under the account name "veehonerockz".

Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 46:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "qpittman".
Deny.

REQUEST FOR ADMISSION NO. 47:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "inmundo".
Deny.

REQUEST FOR ADMISSION NO. 48:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "mtvnewsinterns".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 49:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "MTVSneakAttack".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 50:

13

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube
under the account name "UTube V J". Deny.

REQUEST FOR ADMISSION NO. 51:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "bestclips".
Deny.

REQUEST FOR ADMISSION NO. 52:
Admit that You authorized Your copyrighted material to be uploaded to You

Tube

under the account name "SpacePrince72". Deny.

REQUEST FOR ADMISSION NO. 53:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "kdolak42".
Deny.

REQUEST FOR ADMISSION NO. 54:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "thinkmtv".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 55:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "panelistc1ips".
Deny.

14

REQUEST FOR ADMISSION NO. 56:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "NMarketing".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 57:

Admit that You authorized Your copyrighted material to be uploaded to YouTube
under the account name "bestweekever".

Viacom admits that it or its authorized agents uploaded a specific clip or clips containing its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 58:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "beheard".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 59:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "HotRodMovie".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.
REQUEST FOR ADMISSION NO. 60:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "PeachesLarue".
Deny.

15

REQUEST FOR ADMISSION NO. 61:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "Demansr".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 62:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube
under the account name "Reaction2006".

Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 63:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "Wiredset".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 64:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "Isitfridayyet".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 65:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "snackboard".

16

Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 66:

Admit that You authorized Your copyrighted material to be uploaded to YouTube
under the account name "gossipgirI40".

Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 67:

Admit that You authorized Your copyrighted material to be uploaded to YouTube
under the account name "fanscapevideos".

Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 68:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "Damonjohnson".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 69:

Admit that You authorized Your copyrighted material to be uploaded to Y 01.lrube

under the account name "jerseymouthl".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 70:

17

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "BadBoyRecords".
Deny.

REQUEST FOR ADMISSION NO.71:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "blacktreemedia".
Deny.

REQUEST FOR ADMISSION NO. 72:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "bpfrecords".
Deny.

REQUEST FOR ADMISSION NO. 73:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "CBS".
Deny.

REQUEST FOR ADMISSION NO. 74:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "freeforlife112".
Deny.

REQUEST FOR ADMISSION NO. 75:

Admit that You authorized your copyrighted material to be uploaded to Y ouTube

under the account name "Future World77".
Deny.

REQUEST FOR ADMISSION NO. 76:

18

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "irenemariemodels".
Deny.

REQUEST FOR ADMISSION NO. 77:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "ladyfragment".
Deny.

REQUEST FOR ADMISSION NO. 78:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "laurenceegibbs".
Deny.

REQUEST FOR ADMISSION NO. 79:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "LiberaIViewer".
Deny.

REQUEST FOR ADMISSION NO. 80:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "ParamountPictures".
Deny.

REQUEST FOR ADMISSION NO. 81:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "ParamountGermany".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrghted material to Y ouTube to this account, but otherwise denies.

19

REQUEST FOR ADMISSION NO. 82:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "ParamountViacom".
Deny.

REQUEST FOR ADMISSION NO. 83:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube
under the account name "ParamountV antage".

Viacom admits that it or its authorized agents uploaded a specific clip or clips containing its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 84:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "dreamworksfansite".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 85:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "waytblue".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing its copyrghted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 86:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "HotRodMovie".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrghted material to Y ouTube to this account, but otherwise denies.

20

REQUEST FOR ADMISSION NO. 87:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "tastefullymine".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 88:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "waytobluefrance".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 89:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "BrienTA".
Deny.

REQUEST FOR ADMISSION NO. 90:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "eibrandedcontent".
Deny.

REQUEST FOR ADMISSION NO. 91:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "hostiltakeoverbank".
Deny.

REQUEST FOR ADMISSION NO. 92:

21

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "StrangersWCandyMovie".
Deny.

REQUEST FOR ADMISSION NO. 93:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "powermadeak47dotcom".
Deny.

REQUEST FOR ADMISSION NO. 94:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube
under the account name "powmadeak47".
Deny.

REQUEST FOR ADMISSION NO. 95:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "reno9112miami".
Deny.

REQUEST FOR ADMISSION NO. 96:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "shishka".
Deny.

REQUEST FOR ADMISSION NO. 97:

Admit that You authorized Your copyrighted material to be uploaded to YouTube
under the account name "the movie

monkey" .

Deny.

REQUEST FOR ADMISSION NO. 98:

22

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "thesparksfly".
Deny.

REQUEST FOR ADMISSION NO. 99:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "TNAwrestlng".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 100:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "txcany".
Deny.

REQUEST FOR ADMISSION NO.I0l:
Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "victorweb".
Deny.

REQUEST FOR ADMISSION NO. 102:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "vlogging".
Deny.

REQUEST FOR ADMISSION NO. 103:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "schnebley".
Deny.

23

REQUEST FOR ADMISSION NO. 104:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "universalmusicgroup".
Deny.

REQUEST FOR ADMISSION NO. 105:

Admit that You authorized Your copyrighted material to be uploaded to YouTube

under the account name "bullrunvideo".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 106:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "bravenewfilms".
Deny.

REQUEST FOR ADMISSION NO. 107:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "chu2007".
Viacom admits that it or its authorized agents uploaded a specific clip or clips containing
its copyrighted material to Y ouTube to this account, but otherwise denies.

REQUEST FOR ADMISSION NO. 108:

Admit that You authorized Your copyrighted material to be uploaded to Y ouTube

under the account name "livetorhyme88".
Deny.

REQUEST FOR ADMISSION NO. 109:

24

Admit that You authorized Your copyrighted material to be uploaded to YouTube
under the account name "globe427".
Deny.

REQUEST FOR ADMISSION NO. 110:

Admit that You agreed to YouTube's Terms of Service when You created accounts
on the Y ouTube service.

Viacom objects that this RF A is vague and ambiguous with respect to the phrase "Terms

of Service." Subject to and without waiving those objections, Viacom admits that it agreed to
YouTube's Terms of

Service in effect at the time when it created accounts on the YouTube

service only with respect to videos uploaded by Viacom or its authorized agents to those

accounts and insofar as the Tenus of Service are legally enforceable and do not conflict with

laws of intellectual property. Deny in all other respects.

REQUEST FOR ADMISSION NO. 111:

Admit that You expressly licensed Y ouTube under Your copyrights pertaining to all
videos that You or Your agents uploaded to Y ouTube.
Viacom admits that it expressly granted a limited, revocable license only with respect to videos actually uploaded by Viacom or its authorized agents, which do not include any Clips In

Suit. Deny in all other respects.

REQUEST FOR ADMISSION NO. 112:

Admit that prior to October 2006, You authorized all clips of the "The Daily Show"

and the "Colbert Report" that were less than 5 minutes in length to remain on the
Y ouTube service.

Deny.

REQUEST FOR ADMISSION NO. 113:

25

Admit that in October 2006, You authorized all clips of the "The Daily Show" and

the "Colbert Report" that were less than 3 minutes in length to remain on the YouTube
service.
Deny.

REQUEST FOR ADMISSION NO. 114:

Admit that in November 2006, You authorized all clips of the "The Daily Show" and

the "Colbert Report" that were less than 2.5 minutes in length to remain on the YouTube
service.
Deny.

REQUEST FOR ADMISSION NO. 115:

Individually for each Accused Clip, admit that You did not send a DMCA
Takedown Notice to YouTube within one week of becoming aware of that clip's presence
on YouTube.
Viacom objects to this RF A on the ground that it purports to constitute over 63,000

separate Requests for Admission, one for each Clip In Suit. Viacom further objects to this RF A
on the ground that, for the majority of Clips In Suit, Defendants have no good-faith basis for

requesting an admission that Viacom did not send a takedown notice within one week of
becoming aware ofthe clip's presence on YouTube. Subject to and without waiving those
objections, Viacom denies that for most of

the Clips In Suit it did not send a takedown notice to
becoming aware of

YouTube within one week of

that clip's presence on YouTube.

REQUEST FOR ADMISSION NO. 116:

Individually for each Accused Clip, admit that You did not send a DMCA
Takedown Notice to Y ouTube within one month of becoming aware of that clip's presence
on YouTube.
26

Viacom objects to this RF A on the ground that it purports to constitute over 63,000

separate Requests for Admission, one for each Clip In Suit. Viacom further objects to this RF A
on the ground that, for the majority of Clips In Suit, Defendants have no good-faith basis for

requesting an admission that Viacom did not send a takedown notice within one month of
becoming aware of

the clip's presence on YouTube. Subject to and without waiving those

objections, Viacom denies that for most of the Clips In Suit it did not send a takedown notice to
YouTube within one month of becoming aware of

that clip's presence on YouTube.

REQUEST FOR ADMISSION NO. 117:

Individually for each Accused Clip, admit that You did not send a DMCA
Takedown Notice to YouTube within two months of becoming aware or that clip's presence
on YouTube.
Viacom objects to this RF A on the ground that it purports to constitute over 63,000

separate Requests for Admission, one for each Clip In Suit. Viacom further objects to this RFA
on the ground that, for the majority of Clips In Suit, Defendants have no good-faith basis for

requesting admissions that Viacom did not send a takedown notice within two months of
becoming aware of

the clip's presence on YouTube. Subject to and without waiving those
the Clips In Suit it did not send a takedown notice to

objections, Viacom denies that for most of

YouTube within two months of

becoming aware ofthat clip's presence on YouTube.

REQUEST FOR ADMISSION NO. 118:

Admit that as of July 1, 2006 Atom had "designated an agent to receive notifications
of claimed infringement" as set forth in 17 U.S.c. § 512(c)(2).

Admit.

REQUEST FOR ADMISSION NO. 119:

27

Admit that as of July 1,2006 Atom had provided to the Copyright Office
substantially the information set forth in 17 U.S.C. § 512( c)(2)(A)-(B) for its designated

agent to received notifications of claimed infringement.
Admit.

REQUEST FOR ADMISSION NO. 120:

Admit that as of July 1,2006 the Register of Copyrights' directory of agents
designated to receive notifications for claimed infringement included an agent for Atom
designated by you.

Admit.

REQUEST FOR ADMISSION NO. 121:

Admit that as of July 1,2006 Atom had stored material "at the direction of a user"
as that phrase is used in 17 U.S.c. § 512(c)(I).

Viacom objects to this RF A on the ground that it is vague with respect to the scope ofthe
activity referenced. Subject to and without waiving that objection, deny.

REQUEST FOR ADMISSION NO. 122:

Admit that as of July 1, 2006 Atom was a "service provider" as defined in 17 U.S.C.
§ 512(k)(I)(B).

Admit.

REQUEST FOR ADMISSION NO. 123:
Admit that as of July 1,2006 Atom had received DMCA Takedown Notices with

respect to material posted on Atom.
Viacom admits that, as of August 9,2006, Atom had received one takedown notice for
alleged copyright infringement with regard to material posted on Atom.

28

REQUEST FOR ADMISSION NO. 124:

Admit that as of July 1, 2006, on every occasion that Atom had received a DMCA

Takedown Notice, it responded "expeditiously," as that phrase is used in 17 U.S.C.
§ 512(c)(I)(A)(ii), to remove or disable access to the allegedly infringing materiaL.
Admit.

REQUEST FOR ADMISSION NO. 125:

Admit that as of July 1, 2006, prior to receiving a DMCA Takedown Notice

concerning user-uploaded material on Atom, Atom did "not have actual knowledge" that
the material was infringing, as described in 17 U.S.C. § 512(c)(I)(A)(i).
Admit.

REQUEST FOR ADMISSION NO. 126:

Admit that as of July 1, 2006, prior to receiving a DMCA Takedown Notice
concerning user-uploaded material posted on Atom, Atom was not aware of facts or

circumstances from which infringing activity was apparent, as described in 17 U .S.C. §
512( c )(1 ) (A)

(ii).

Admit.

REQUEST FOR ADMISSION NO. 127:

Admit that as of July 1, 2006, with respect to user-uploaded material posted on
Atom for which Atom had received a DMCA Takedown Notice, Atom did not have the
right and abilty to control the infringing activity, as described in 17 U.S.C. § 512(c)(I)(B).

Deny.

REQUEST FOR ADMISSION NO. 128:

Admit that as of July 1, 2006, with respect to user-uploaded material posted on
Atom for which Atom has received a DMCA Takedown Notice, Atom did not receive a

29

financial benefit directly attributable to the infringing activity, as described in 17 U.S.c. §
512( c) (l)

(B).

Viacom does not have enough information to determine whether alleged infringing clips

on Atom were a draw for users, and therefore does not have information sufficient to admit or
deny.

REQUEST FOR ADMISSION NO. 129:

Admit that as of July 1,2006, Atom had adopted and reasonably implemented, and
informed subscribers and account holders of Atom of, a policy that provided for the

termination in appropriate circumstances of its subscribers and account holders who were
repeat infringers, as described in 17 U.S.c. § 512(I)(I)(A).
Admit.

REQUEST FOR ADMISSION NO. 130:

Admit that as of July 1, 2006, Atom accommodated and did not interfere with
"standard technical measures" as defined in 17 U .S.C. §§ 512 (i) (I)

(8) and 512(i)(2).

Admit.

REQUEST FOR ADMISSION NO. 131:

Admit that as of November 1,2006 Atom had "designated an agent to receive
notifications of claimed infringement" as set forth in 17 U.S.C, § 512(c)(2).
Admit.

REQUEST FOR ADMISSION NO. 132:

Admit that as of November 1,2006 Atom had provided to the Copyright Offce
substantially the information set forth in 17 U.S.C. § 512(c)(2)(A)-(B) for its designated

agent to received notifications of claimed infringement.
Admit.

30

REQUEST FOR ADMISSION NO. 133:

Admit that as of November 1,2006 the Register of Copyrights' directory of agents
designated to receive notifications for claimed infringement included an agent for Atom
designated by you.

Admit.

REQUEST FOR ADMISSION NO. 134:

Admit that as of November 1, 2006 Atom had stored material "at the direction of a
user" as that phrase is used in 17 U.S.c. § 512(c)(I).

Viacom objects to this RF A on the ground that it is vague with respect to the scope of the
activity referenced. Subject to and without waiving that objection, deny.

REQUEST FOR ADMISSION NO. 135:

Admit that as of November 1, 2006 Atom was a "service provider" as defined in 17
U.S.C. § 512(k)(I)(B).

Admit.

REQUEST FOR ADMISSION NO. 136:
Admit that as of

November 1,2006 Atom had received DMCA Takedown Notices

with respect to material posted on Atom.
Viacom admits that, as of

November 1, 2006, Atom had received ten or fewer takedown

notices for alleged copyright infringement with regard to material posted on Atom.

REQUEST FOR ADMISSION NO. 137:

Admit that as of November 1, 2006, on every occasion that Atom had received a

DMCA Takedown Notice, it responded "expeditiously," as that phrase is used in 17 U.S.C.
§ 512(c)(I)(A)(ii), to remove or disable access to the allegedly infringing materiaL.
Admit.

31

REQUEST FOR ADMISSION NO. 138:
Admit that as of

November 1,2006, prior to receiving a DMCA Takedown Notice

concerning user-uploaded material on Atom, Atom did "not have actual knowledge" that
the material was infringing, as described in 17 U.S.C. § 512(c)(l)(A)(i).
Admit.

REQUEST FOR ADMISSION NO. 139:

Admit that as of November 1, 2006, prior to receiving a DMCA Takedown Notice
concerning user-uploaded material posted on Atom, Atom was not aware of facts or

circumstances from which infringing activity was apparent, as described in 17 U.S.C.
§ 512(c)(I)(A)(ii).

Admit.

REQUEST FOR ADMISSION NO. 140:

Admit that as of November 1,2006, with respect to user-uploaded material posted
on Atom for which Atom had received a DMCA Takedown Notice, Atom did not have the
right and abilty to control the infringing activity, as described in 17 U.S.c. § 512(e)(I)(B).

Deny.

REQUEST FOR ADMISSION NO. 141:

Admit that as of November 1,2006, with respect to user-uploaded material posted
on Atom for which Atom has received a DMCA Takedown Notice, Atom did not receive a
financial benefit directly attributable to the infringing activity, as described in 17 U .S.C. §

512( c )(1 )(B).

Viacom does not have enough information to determine whether alleged infringing clips

on Atom were a draw for users, and therefore does not have information sufficient to admit or
deny.

32

REQUEST FOR ADMISSION NO. 142:

Admit that as of November 1,2006, Atom had adopted and reasonably
implemented, and informed subscribers and account holders of Atom of, a policy that

provided for the termination in appropriate circumstances of its subscribers and account
holders who were repeat infringers, as described in 17 U.S.c. § 512(i)(l)(A).

Admit.

REQUEST FOR ADMISSION NO. 143:
Admit that as of

November 1, 2006, Atom accommodated and did not interfere with

"standard technical measures" as defined in 17 U.S.c. §§ 512(i)(l)(B) and 512(i)(2).

Admit.

REQUEST FOR ADMISSION NO. 144:

Admit that as of March 13, 2007 Atom had "designated an agent to receive
notifications of claimed infringement" as set forth in 17 U.S.c. § 512(c)(2).
Admit.

REQUEST FOR ADMISSION NO. 145:

Admit that as of March 13, 2007 Atom had provided to the Copyright Offce
substantially the information set forth in 17 U.S.c. § 512(c)(2)(A)-(B) for its designated

agent to received notifications of claimed infringement.
Admit.

REQUEST FOR ADMISSION NO. 146:

Admit that as of March 13,2007 the Register of Copyrights' directory of agents

designated to receive notifcations for claimed infringement included an agent for Atom
designated by you.

Admit.

33

REQUEST FOR ADMISSION NO. 147:

Admit that as of March 13, 2007 Atom had stored material "at the direction of a
user" as that phrase is used in 17 U.S.c. § 512(c)(l).

Viacom objects to this RF A on the ground that it is vague with respect to the scope of the
activity referenced. Subject to and without waiving that objection, deny.

REQUEST FOR ADMISSION NO. 148:

Admit that as of March 13, 2007 Atom was a "service provider" as defined in 17
U.S.C. § 512(k)(I)(B).
Admit.

REQUEST FOR ADMISSION NO. 149:
Admit that as of March 13,2007 Atom had received DMCA Takedown Notices with
respect to material posted on Atom.
Viacom admits that, as of

March 13, 2007, Atom had received ten or fewer takedown

notices for alleged copyrght infringement with regard to material posted on Atom.

REQUEST FOR ADMISSION NO. 150:

Admit that as of March 13,2007, on every occasion that Atom had received a
DMCA Takedown Notice, it responded "expeditiously," as that phrase is used in 17 U.S.C.
§ 512(c)(I)(A)(ii), to remove or disable access to the allegedly infringing materiaL.
Admit.

REQUEST FOR ADMISSION NO. 151:
Admit that as of March 13,2007, prior to receiving a DMCA Takedown Notice

concerning user-uploaded material on Atom, Atom did "not have actual knowledge" that
the material was infringing, as described in 17 U.S.c. § 512(e)(I)(A)(i).
Admit.

34

REQUEST FOR ADMISSION NO. 152:
Admit that as of March 13,2007, prior to receiving a DMCA Takedown Notice
concerning user-uploaded material posted on Atom, Atom was not aware of facts or

circumstances from which infringing activity was apparent, as described in 17 U .S.C.
§ 512(c)(I)(A)(ii).
Admit.

REQUEST FOR ADMISSION NO. 153:

Admit that as of March 13,2007, with respect to user-uploaded material posted on
Atom for which Atom had received a DMCA Takedown Notice, Atom did not have the
right and abilty to control the infringing activity, as described in 17 U.S.C. § 512(c)(I)(8).

Deny.

REQUEST FOR ADMISSION NO. 154:

Admit that as of March 13,2007, with respect to user-uploaded material posted on
Atom for which Atom has received a DMCA Takedown Notice, Atom did not receive a
financial benefit directly attributable to the infringing activity, as described in 17 U .S.C. §

512( c )(1)(8).

Viacom does not have enough information to determine whether alleged infrnging clips
on Atom were a draw for users, and therefore does not have information sufficient to admit or
deny.

REQUEST FOR ADMISSION NO. 155:

Admit that as of March 13,2007, Atom had adopted and reasonably implemented,
and informed subscribers and account holders of Atom of, a policy that provided for the

termination in appropriate circumstances of its subscribers and account holders who were
repeat infringers, as described in 17 U.S.c. § 512(i)(l)(A).

35

Admit.

REQUEST FOR ADMISSION NO. 156:

Admit that as of March 13, 2007, Atom accommodated and did not interfere with
"standard technical measures" as defined in 17 U.S.C. §§ 512(i)(I)(B) and 512(i)(2).

Admit.

REQUEST FOR ADMISSION NO. 157:

Admit that as of July 1, 2007 Atom had "designated an agent to receive notifications
of claimed infringement" as set forth in 17 U.S.C. § 512(c)(2).
Admit.

REQUEST FOR ADMISSION NO. 158:

Admit that as of July 1, 2007 Atom had provided to the Copyright Offce
substantially the information set forth in 17 U.S.C. § 512(c)(2)(A)-(B) for its designated

agent to received notifcations of claimed infringement.
Admit.

REQUEST FOR ADMISSION NO. 159:

Admit that as of July 1,2007 the Register of Copyrights' directory of agents designated to receive notifcations for claimed infringement included an agent for Atom
designated by you.

Admit.

REQUEST FOR ADMISSION NO. 160:

Admit that as of July 1, 2007 Atom had stored material "at the direction of a user"
as that phrase is used in 17 U.S.C. § 512(c)(l).
Viacom objects to this RFA on the ground that it is vague with respect to the scope of

the

activity referenced. Subject to and without waiving that objection, deny.

36

REQUEST FOR ADMISSION NO. 161:

Admit that as of July 1,2007 Atom was a "service provider" as defined in 17 U.S.C.
§ 512(k)(I)(B).

Admit.

REQUEST FOR ADMISSION NO. 162:

Admit that as of July 1, 2007 Atom had received DMCA Takedown Notices with
respect to material posted on Atom.

Viacom admits that, as of July 1, 2007, Atom received ten or fewer takedown notices for
alleged copyright infringement with regard to material posted on Atom's user-generated video
websites.

REQUEST FOR ADMISSION NO. 163:

Admit that as of July 1,2007, on every occasion that Atom had received a DMCA
Takedown Notice, it responded "expeditiously," as that phrase is used in 17 U.S.C.
§ 512(c)(I)(A)(ii), to remove or disable access to the allegedly infringing materiaL.
Admit.

REQUEST FOR ADMISSION NO. 164:
Admit that as of July 1,2007, prior to receiving a DMCA Takedown Notice

concerning user-uploaded material on Atom, Atom did "not have actual knowledge" that
the material was infringing, as described in 17 U.S.c. § 512(c)(I)(A)(i).
Admit.

REQUEST FOR ADMISSION NO. 165:
Admit that as of July 1,2007, prior to receiving a DMCA Takedown Notice
concerning user-uploaded material posted on Atom, Atom was not aware of facts or

37

circumstances from which infringing activity was apparent, as described in 17 U.S.C. §
512(e)(I)(A)(ii).
Admit.

REQUEST FOR ADMISSION NO. 166:

Admit that as of July 1,2007, with respect to user-uploaded material posted on
Atom for which Atom had received a DMCA Takedown Notice, Atom did not have the
right and abilty to control the infringing activity, as described in 17 U.S.C. § 512(c)(I)(B).

Deny.

REQUEST FOR ADMISSION NO. 167:

Admit that as of July 1,2007, with respect to user-uploaded material posted on
Atom for which Atom has received a DMCA Takedown Notice, Atom did not receive a

financial benefit directly attributable to the infringing activity, as described in 17 U.S.C. §
512(c)(I)(B).
Viacom does not have enough information to determine whether alleged infrnging clips
on Atom were a draw for users, and therefore does not have information sufficient to admit or
deny.

REQUEST FOR ADMISSION NO. 168:

Admit that as of July 1,2007, Atom had adopted and reasonably implemented, and
informed subscribers and account holders of Atom of, a policy that provided for the

termination in appropriate circumstances of its subscribers and account holders who were
repeat infringers, as described in 17 U.S.C. § 512(i)(l)(A).

Admit.

REQUEST FOR ADMISSION NO. 169:

38

Admit that as of July 1, 2007, Atom accommodated and did not interfere with
"standard technical measures" as defined in 17 U.S.C. §§ 512(i)(l)(B) and 512(i)(2).

Admit.

REQUEST FOR ADMISSION NO. 170:

Admit that ifim.com has "designated an agent to receive notifications of claimed
infringement" as set forth in 17 U.S.C. § 512(c)(2).
Admit.

REQUEST FOR ADMISSION NO. 171:

Admit that ifim.com has provided to the Copyright Office substantially the
information set forth in 17 U.S.C. § 512( c)(2)(A)-(B) for its designated agent to received

notifications of claimed infringement.
Admit.

REQUEST FOR ADMISSION NO. 172:

Admit that the Register of Copyrights' current directory of agents designated to
receive notifications for claimed infringement includes an agent for ifim.com designated by
you.
Admit.

REQUEST FOR ADMISSION NO. 173:

Admit that ifim.com has stored material "at the direction of a user" as that phrase
is used in 17 U.S.C. § 512(c)(I).
Viacom objects to this RF A on the ground that it is vague with respect to the scope ofthe

activity referenced. Subject to and without waiving that objection, deny.

REQUEST FOR ADMISSION NO. 174:

Admit that ifim.com is a "service provider" as defined in 17 U.S.c. § 512(k)(I)(B).

39

Deny.

REQUEST FOR ADMISSION NO. 175:

Admit that ifim.com has received DMCA Takedown Notices with respect to

material posted on ifim.com.
Viacom admits that ifilm.com has received a small number of takedown notices alleging
copyright infringement with respect to material posted on ifilm.com.

REQUEST FOR ADMISSION NO. 176:

Admit that on every occasion that ifim.com received a DMCA Takedown Notice, it
responded "expeditiously," as that phrase is used in 17 U.S.c. § 512( c) (1)(A)

(ii), to remove

or disable access to the allegedly infringing materiaL.

Admit.

REQUEST FOR ADMISSION NO. 177:

Admit that prior to receiving a DMCA Takedown Notice concerning user-uploaded

material on ifim.com, ifim.com did "not have actual knowledge" that the material was
infringing, as described in 17 U.S.C. § 512(c)(I)(A)(i).

Admit.

REQUEST FOR ADMISSION NO. 178:

Admit that prior to receiving a DMCA Takedown Notice concerning user-uploaded

material posted on ifim.com, ifim.com was not aware of facts or circumstances from
which infringing activity was apparent, as described in 17 U.S.c. § 512(c)(I)(A)(ii).
Admit.

40

REQUEST FOR ADMISSION NO. 179:

Admit that with respect to user-uploaded material posted on ifilm.com for which ifim.com has received a DMCA Takedown Notice, ifim.com does not have the right and
abilty to control the infringing activity, as described in 17 U.S.C. § 512(c)(l)(B).

Deny.

REQUEST FOR ADMISSION NO. 180:

Admit that with respect to user-uploaded material posted on ifim.com for which
ifim.com has received a DMCA Takedown Notice, ifim.com did not receive a financial

benefit directly attributable to the infringing activity, as described in 17 U.S.c. §
512(c)(I)(B).
Viacom does not have enough information to determine whether alleged infrnging clips
on ifilm.com were a draw for users, and therefore does not have information sufficient to admit
or deny.

REQUEST FOR ADMISSION NO. 181:

Admit that ifim.com has adopted and reasonably implemented, and informs
subscribers and account holders of ifim.com of, a policy that provides for the termination

in appropriate circumstances of its subscribers and account holders who are repeat
infringers, as described in 17 U.S.C. § 512(i)(I)(A).
Deny.

REQUEST FOR ADMISSION NO. 182:

Admit that ifím.com accommodates and does not interfere with "standard technical
measures" as defined in 17 U.S.C. §§ 512(i)(l)(B) and 512(i)(2).

Deny.

REQUEST FOR ADMISSION NO. 183:

41

Admit that flux.

com has "designated an agent to receive notifications of claimed

infringement" as set forth in 17 U.S.c. § 512(c)(2).
Admit.

REQUEST FOR ADMISSION NO. 184:
Admit that flux.

com has provided to the Copyright Office substantially the

information set forth in 17 U.S.c. § 512(c)(2)(A)-(B) for its designated agent to received

notifcations of claimed infringement.
Admit.

REQUEST FOR ADMISSION NO. 185:

Admit that the Register of Copyrights' current directory of agents designated to
receive notifications for claimed infringement includes an agent for flux.com designated by
you.
Admit.

REQUEST FOR ADMISSION NO. 186:

Admit that flux.com has stored material "at the direction of a user" as that phrase is
used in 17 U.S.c. § 512(c)(I).
Viacom objects to this RFA on the ground that it is vague with respect to the scope of

the

activity referenced. Subject to and without waiving that objection, deny.

REQUEST FOR ADMISSION NO. 187:
Admit that flux.

com is a "service provider" as defined in 17 U.S.C. § 512(k)(l)(B).

Admit.

REQUEST FOR ADMISSION NO. 188:

Admit that flux.com has received DMCA Takedown Notices with respect to material
posted on flux.com.

42

Deny.

REQUEST FOR ADMISSION NO. 189:

Admit that on every occasion that flux.com received a DMCA Takedown Notice, it

responded "expeditiously," as that phrase is used in 17 U.S.c. § 512(c)(I)(A)(ii), to remove
or disable access to the allegedly infringing materiaL.

Deny.

REQUEST FOR ADMISSION NO.190:

Admit that prior to receiving a DMCA Takedown Notice concerning user-uploaded
material on flux.

com, flux.com did "not have actual knowledge" that the material was

infringing, as described in 17 U.S.C. § 512(c)(I)(A)(i).

Deny.

REQUEST FOR ADMISSION NO. 191:

Admit that prior to receiving a DMCA Takedown Notice concerning user-uploaded
material posted on flux.com, flux.com was not aware of facts or circumstances from which
infringing activity was apparent, as described in 17 U.S.C. § 512 (c) (I) (A)

(ii).

Deny.

REQUEST FOR ADMISSION NO. 192:

Admit that with respect to user-uploaded material posted on flux.com for which
flux.com has received a DMCA Takedown Notice, flux.

com does not have the right and

abilty to control the infringing activity, as described in 17 U.S.C. § 512(c)(l)(B