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

Filing 228

DECLARATION of Michael Rubin Part 3 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 3, # 2 Exhibit 2 to Rubin Declaration Part 3)(Schapiro, Andrew)

RUBIN DECLARATION EXHIBITS CONTINUED

Rubin Exhibit 127

Rubin Exhibit 128

Video ID V id e o Tit le Le n g th ( S e c o n ds ) D a t e V id e o U p lo a d e d Y o u Tu b e A c c o u n t Use r n am e D a te Y o u Tu b e A c c o u n t C r e ate d S ig n u p E m a il S ig n u p IP V id e o D e s c r ip t io n

6w5MPpg1XpE Laguna Beach Season 3 Episode 11 Trailer 39 10/30/2006 Wiredset 1/5/2006 [e-mail] 70.107.223.34 Oh, if only the pool water in Mexico could talk. YEAH, I mean - or... wait, hold on. Eh. Nevermind. Ya'll know the deal, Laguna teens come to Cabo and raise hell, with drama in no short supply. Breanna has her eye on someone that might just be off-limits, and Kyndra is embroiled in that ol' boy triangle once again. Watch the truth undress this Wednesday at 10pm, only on MTV. Don't drink the water!

V id e o ID V id e o Tit le Le n g th ( S e c o n ds ) D a t e V id e o U p lo a d e d Y o u Tu b e A c c o u n t Use r n am e D a te Y o u Tu b e A c c o u n t C r e ate d S ig n u p E m a il S ig n u p IP V id e o D e s c r ip t io n

8_Eaa7y_rq0 Laguna Beach Season 3 Episode 5 28 9/7/2006 Wiredset 1/5/2006 [e-mail] 70.107.223.34 The Cameron Train/Sweepstakes continues to roll on in this week's episode, claiming Tessa as a willing victim/participant. What will the little hump-monkey do about that other girl, though? Find out on MTV's Laguna Beach, Wednesdays at 10pm. It's sweet. AEkerwX8IFo Laguna Beach Week 4 Trailer 34 8/31/2006 Wiredset 1/5/2006 [e-mail] 70.107.223.34 Breanna and Rocky enjoy a dramatic lunch, with conversation turning to picking sides. The aftermath is what makes this show great! Also, Cameron seems to have crossed a certain blonde off his list -- though not in the good way. Laguna Beach, Wednesdays at 10pm, only on MTV. S-hSrAGA4Gg MTV The Hills Season 2 -- Trailer 172 12/22/2006 Wiredset 1/5/2006 [e-mail] 70.107.223.34 Last season, Lauren had the opportunity of a lifetime to go to Paris for another internship, but opted for love instead. In the premiere episode of The Hills Season 2, we jump right back into LC's stormy relationship with Jason, and witness firsthand the aftermath of the break-up after their summer at the beach. But fear not fashionistas, cuz not all is sad in Tinsel Town -- you'll get more Brody Jenner this season than you can handle! (well, at least that LC can handle) Hearts are breaking and mending this season on The Hills, and dreams move a little closer to becoming reality. Get over to MTV every Monday at 10pm and ride with Lauren, Heidi, Audrina and Whitney (can we mention Brody Jenner again?) as they live it up in the place they call home: The Hills!

V id e o ID V id e o Tit le Le n g th ( S e c o n ds ) D a t e V id e o U p lo a d e d Y o u Tu b e A c c o u n t Use r n am e D a te Y o u Tu b e A c c o u n t C r e ate d S ig n u p E m a il S ig n u p IP V id e o D e s c r ip t io n

V id e o ID V id e o Tit le Le n g th ( S e c o n ds ) D a t e V id e o U p lo a d e d Y o u Tu b e A c c o u n t Use r n am e D a te Y o u Tu b e A c c o u n t C r e ate d S ig n u p E m a il S ig n u p IP

V id e o D e s c r ip t io n

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Video ID V id e o Tit le Le n g th ( S e c o n ds ) D a t e V id e o U p lo a d e d Y o u Tu b e A c c o u n t Use r n am e D a te Y o u Tu b e A c c o u n t C r e ate d S ig n u p E m a il S ig n u p IP V id e o D e s c r ip t io n

VQg9_eyp_AA Laguna Beach Season 3 Episode 10 Trailer 30 10/20/2006 Wiredset 1/5/2006 [e-mail] 70.107.223.34 Rocky hits an Open Air Stereo concert with another boy, and drama ensues between Laguna's one-time happy couple. Meanwhile, Tessa is forced to deal with her own committmentphobe-of-a-boy. Can happiness ever be found on the shores of Laguna Beach? Stay tuned and find out, Wednesday at 10pm, only on MTV.

V id e o ID V id e o Tit le Le n g th ( S e c o n ds ) D a t e V id e o U p lo a d e d Y o u Tu b e A c c o u n t Use r n am e D a te Y o u Tu b e A c c o u n t C r e ate d S ig n u p E m a il S ig n u p IP V id e o D e s c r ip t io n

z3cRGYXyRnI Hills Trailer Week 9 29 7/24/2006 Wiredset 1/5/2006 [e-mail] 70.107.223.34 As the internship winds down, Lauren and Jason try to figure out what they'll do for the summer, while Heidi and Jordan seem to have reached a breaking point in their relationship. Will one stay together as the other falls apart? Love can be painful on The Hills, Wednesdays at 10pm, on MTV. ABeJNFyj26o Reno 911! Responds to a Call from Patton Oswalt 89 5/20/2008 wiredsetassets 5/13/2008 [e-mail] 69.9.46.226 The Reno County Sheriff's Department is tuning up their cruisers and calling it in with 8 new episodes of "RENO 911!". The new episodes premiere Thursday, May 22 at 10:30 p.m.

V id e o ID V id e o Tit le Le n g th ( S e c o n ds ) D a t e V id e o U p lo a d e d Y o u Tu b e A c c o u n t Use r n am e D a te Y o u Tu b e A c c o u n t C r e ate d S ig n u p E m a il S ig n u p IP V id e o D e s c r ip t io n

V id e o ID V id e o Tit le Le n g th ( S e c o n ds ) D a t e V id e o U p lo a d e d Y o u Tu b e A c c o u n t Use r n am e D a te Y o u Tu b e A c c o u n t C r e ate d S ig n u p E m a il S ig n u p IP V id e o D e s c r ip t io n

XEzbW6wTS3o Carlos Mencia as Indiana Holmes! 59 5/19/2008 wiredsetassets 5/13/2008 [e-mail] 69.9.46.226 Who need Indiana Jones when you've got Indiana Holmes! Enter Carlos Mencia's outrageous world as the fourth season of "Mind of Mencia" debuts on Comedy Central on Wednesday, May 21 at 10:30p.m.

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Video ID V id e o Tit le Le n g th ( S e c o n ds ) D a t e V id e o U p lo a d e d Y o u Tu b e A c c o u n t Use r n am e D a te Y o u Tu b e A c c o u n t C r e ate d S ig n u p E m a il S ig n u p IP V id e o D e s c r ip t io n V id e o ID V id e o Tit le Le n g th ( S e c o n ds ) D a t e V id e o U p lo a d e d Y o u Tu b e A c c o u n t Use r n am e D a te Y o u Tu b e A c c o u n t C r e ate d S ig n u p E m a il S ig n u p IP V id e o D e s c r ip t io n V id e o ID V id e o Tit le Le n g th ( S e c o n ds ) D a t e V id e o U p lo a d e d Y o u Tu b e A c c o u n t Use r n am e D a te Y o u Tu b e A c c o u n t C r e ate d S ig n u p E m a il S ig n u p IP V id e o D e s c r ip t io n

0c5ZqEMxgu8 WE HAVE OIL - CLIP FROM THERE WILL BE BLOOD 137 2/5/2008 jakemyers2001 4/30/2006 [e-mail] 207.200.116.10 Clip from THERE WILL BE BLOOD

tckEWbOvmrY Norbit 300 pounds 53 2/27/2007 kate3984 9/28/2006 [e-mail] 82.108.141.254 a clip from the Eddie murphy comedy Norbit

2dZ66NoxefY Drillbit Taylor - Interviewing the bodyguards 68 3/18/2008 drillbit001 3/7/2008 [e-mail] 81.149.176.198 The clip from Drillbit Taylor that sees the kids interviewing bodyguards to protect them from the school bully.

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Rubin Exhibit 129

EXHIBIT FILED MANUALLY

Rubin Exhibit 130

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, ) ) ) v. ) ) YOUTUBE, INC., YOUTUBE, LLC, and ) GOOGLE INC., ) Defendants. ) ________________________________________ )

Case No. 1:07-cv-02103 (LLS) (Related Case No. 1:07-cv-03582 (LLS))

Plaintiffs' Amended Objections and Responses to YouTube's Fourth Set of Requests for Production to Viacom International, Inc. Plaintiffs Viacom International Inc., Comedy Partners, Country Music Television, Inc., Paramount Pictures Corporation, and Black Entertainment Television, LLC, by their attorneys Jenner & Block LLP and Shearman & Sterling LLP, hereby object and respond to YouTube's Fourth Set of Requests for Production to Viacom International, Inc. ("Defendants' Requests") as follows: GENERAL OBJECTIONS AND LIMITATIONS Plaintiffs make the following objections to specific Requests by, among other things, incorporating by reference the following general objections ("General Objections"): 1. Plaintiffs object to Defendants' Requests to the extent that they seek to impose on

Plaintiffs obligations or requirements beyond those imposed by the Federal Rules of Civil Procedure or the Local Rules of this Court.

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2.

Plaintiffs object to Defendants' Requests to the extent that they seek information or

documents that are not presently within Plaintiffs' possession, custody, or control, and thereby purport to impose obligations beyond those required by the Federal Rules of Civil Procedure. 3. Plaintiffs object to Defendants' Requests to the extent that they seek electronically

stored information ("ESI") or documents protected from discovery by the attorney-client privilege, the work product doctrine, the self-critical analysis privilege, the consulting expert privilege, materials prepared in anticipation of litigation, any applicable joint prosecution agreements, or any other applicable privilege or immunity from discovery recognized by law ("Privileged Documents"). Any undertaking by Plaintiffs to provide information or produce ESI and/or documents in response to Defendants' Requests should be understood to exclude any Privileged Documents. 4. Plaintiffs object to Defendants' Requests to the extent that they seek information or

request documents that contain trade secret, proprietary, confidential, non-public or commercial information of Plaintiffs or any of their subsidiaries, partners, or affiliates. 5. Plaintiffs object to Defendants' Requests to the extent that they seek information or

request documents that are a matter of public record or are otherwise publicly available. 6. In responding to Defendants' Requests, Plaintiffs do not in any way waive or intend to

waive but, rather, intend to preserve and are preserving: 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 request;

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d. the right to preserve the confidential or proprietary nature of any information or document, or the subject matter thereof, by mutual agreement or otherwise, as a condition of production; and e. the right at any time to correct, supplement, or clarify any of the responses. 7. Each response to Defendants' Requests is made subject to all objections as to

competence, relevance, materiality, propriety, and admissibility, as well as any and all other objections and grounds that require the exclusion of evidence. Plaintiffs reserve the right to make any and all such objections at trial and at any other proceeding relating to this action. 8. Plaintiffs object to Defendants' Requests to the extent that they are not limited to time

periods reasonably tailored to the matters at issue in this litigation. 9. Plaintiffs object to the Requests to the extent that they are intentionally or unduly

burdensome and propounded for the improper purposes of harassment, delay, and expense. 10. Plaintiffs object to Defendants' definition of "Content" to the extent that it includes

works other than audiovisual works. 11. Plaintiffs' responses to Defendants' Requests for production shall not constitute an

admission of any statement or conclusion implied in any of Defendants' Requests. 12. Plaintiffs object to Defendants' Requests to the extent that they are overly broad, vague,

ambiguous, unduly burdensome or propounded for the improper purposes of harassment, delay, and expense, or seek duplicative information. SUPPLEMENTATION Plaintiffs reserve the right to modify, amend and/or supplement their objections, responses and production should Plaintiffs discover additional information responsive to these Requests and/or as may become necessary, in accordance with applicable provisions of the Federal Rules of Civil Procedure. NON-WAIVER Plaintiffs' failure to object to any of Defendants' Requests on a particular ground or grounds shall not be construed as a waiver of their rights to object on that or any additional 3

grounds. Subject to and without waiving any objection stated herein, Plaintiffs will provide responses to Defendants' Requests based on information that is believed to be complete and accurate as of the present date. Plaintiffs' investigation of the factual matters relating to this litigation is continuing, and Plaintiffs will update these Objections, Limitations, Conditions, and Responses as appropriate. RESPONSES AND OBJECTIONS TO SPECIFIC REQUESTS Subject to and without waiving any of the foregoing General Objections, which apply to each Request as if set forth fully below, Plaintiffs make the following specific responses and objections: DOCUMENT REQUEST NO. 127: All documents regarding studies or surveys conducted by You or on Your behalf related to online video services, including but not limited to the study of YouTube conducted by Peter D. Hart Research Associates in or around January 2007. Response to Document Request No. 127: Plaintiffs object to this Request on the ground that it is subsumed within prior Document Requests, including but not limited to Document Request Nos. 7, 21, 35, 36, 50, 51 56, 67, 96, and 102. Plaintiffs already have produced and will continue to produce non-privileged ESI and/or documents covered by this Request and relevant to the claims alleged in the Complaint and/or Defendants' defenses as part of its response to prior Requests. To the extent that this Request asks for material not covered by prior Document Requests, Plaintiffs object on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without waiving these objections and the foregoing General Objections, Plaintiffs will produce non-privileged ESI and/or documents, if any, responsive to this Request and relevant to the claims alleged in the Complaint and/or Defendants' defenses.

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DOCUMENT REQUEST NO. 128: All agreements, including draft agreements, between You and multiple system cable operators ("MSOs"), including but not limited to Cablevision Systems, Charter Communications, Comcast Cable Communications, Cox Communications and Time Warner Cable, and between You and satellite television providers, including but not limited to DirecTV and Dish Network, regarding the licensing, distribution, public performance, or display of Your Content. Response to Document Request No. 128: Plaintiffs object to this Request on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without waiving these objections and the foregoing General Objections, Plaintiffs agree to produce final agreements with multiple systems cable operators and satellite television providers subject to the terms of the parties' July 7, 2009 Stipulation Regarding Viacom's Production of MSO Related Documents. As provided by paragraph 4 of the Stipulation, Plaintiffs are not producing agreements with entities whose consent to the production is required and who have not granted consent. Those non-consenting entities have been identified to Defendants' counsel by email on July 28, 2009. DOCUMENT REQUEST NO. 129: All communications with multiple system cable operators ("MSOs"), including but not limited to Cablevision Systems, Charter Communications, Comcast Cable Communications, Cox Communications and Time Warner Cable, and with satellite television providers, including but not limited to DirecTV and Dish Network, regarding the accessibility of Viacom Content online, including Viacom's right to distribute, publicly perform, or display such Content online, the impact of such distribution, public performance, or display on MSOs and satellite television providers, the promotional nature of such distribution, public performance, or display, and whether such distribution, public performance, or display would impact the payments MSOs and satellite television providers would provide to Viacom.

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Response to Document Request No. 129: Plaintiffs object to this Request on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without waiving these objections and the foregoing General Objections, Plaintiffs will produce any non-privileged ESI and/or documents responsive to this Request except for draft agreements with multiple system cable operators or satellite television providers, pursuant to the parties' July 7, 2009 Stipulation Regarding Viacom's Production of MSO Related Documents. DOCUMENT REQUEST NO. 130: All agreements between Viacom or any entity acting on Viacom's behalf (including the Alliance of Motion Picture and Television Producers) and the American Federation of Television and Radio Artists, the Director's Guild of America, the International Alliance of Theatrical Stage Employees, the Producer's Guild of America, the Screen Actor's Guild and the Writers Guild of America. Response to Document Request No. 130: Plaintiffs object to this Request on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without waiving these objections and the foregoing General Objections, and consistent with the agreement reached between the parties, Plaintiffs will produce the requested guild agreements that are stored in electronic form, which date back approximately to 2000. DOCUMENT REQUEST NO. 131: All documents related to any agreement between Viacom and MySpace. Response to Document Request No. 131: To the extent this Request asks for agreements regarding the use of Viacom Content, Plaintiffs object on the ground that it is subsumed within prior Document Requests, including but not limited to Document Request Nos. 17 and 18. Plaintiffs already have produced and will

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continue to produce non-privileged documents covered by this Request as part of its response to other Requests. To the extent that this Request asks for material not covered by prior Document Requests, including documents regarding agreements not pertaining to the use of Viacom Content, Plaintiffs object on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without waiving these objections and the foregoing General Objections, Plaintiffs will produce nonprivileged ESI and/or documents, if any, responsive to this Request and relevant to the claims alleged in the Complaint and/or Defendants' defenses. DOCUMENT REQUEST NO. 132: All documents related to any agreement between Viacom and DailyMotion, Inc. Response to Document Request No. 132: To the extent this Request asks for agreements regarding the use of Viacom Content, Plaintiffs object on the ground that it is subsumed within prior Document Requests, including but not limited to Document Request Nos. 17 and 18. Plaintiffs already have produced and will continue to produce non-privileged documents covered by this Request as part of its response to other Requests. To the extent that this Request asks for material not covered by prior Document Requests, including documents regarding agreements not pertaining to the use of Viacom Content, Plaintiffs object on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without waiving these objections and the foregoing General Objections, Plaintiffs will produce nonprivileged ESI and/or documents, if any, responsive to this Request and relevant to the claims alleged in the Complaint and/or Defendants' defenses.

DOCUMENT REQUEST NO. 133: All documents related to any agreement between Viacom and GoFish Entertainment Network.

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Response to Document Request No. 133: To the extent this Request asks for agreements regarding the use of Viacom Content, Plaintiffs object on the ground that it is subsumed within prior Document Requests, including but not limited to Document Request Nos. 17 and 18. Plaintiffs already have produced and will continue to produce non-privileged documents covered by this Request as part of its response to other Requests. To the extent that this Request asks for material not covered by prior Document Requests, including documents regarding agreements not pertaining to the use of Viacom Content, Plaintiffs object on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without waiving these objections and the foregoing General Objections, Plaintiffs will produce nonprivileged ESI and/or documents, if any, responsive to this Request and relevant to the claims alleged in the Complaint and/or Defendants' defenses. DOCUMENT REQUEST NO. 134: All documents related to any agreement between Viacom and Imeem, Inc. Response to Document Request No. 134: To the extent this Request asks for agreements regarding the use of Viacom Content, Plaintiffs object on the ground that it is subsumed within prior Document Requests, including but not limited to Document Request Nos. 17 and 18. Plaintiffs already have produced and will continue to produce non-privileged documents covered by this Request as part of its response to other Requests. To the extent that this Request asks for material not covered by prior Document Requests, including documents regarding agreements not pertaining to the use of Viacom Content, Plaintiffs object on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without waiving these objections and the foregoing General Objections, Plaintiffs will produce nonprivileged ESI and/or documents, if any, responsive to this Request and relevant to the claims alleged in the Complaint and/or Defendants' defenses.

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DOCUMENT REQUEST NO. 135: All documents related to any agreement between Viacom and MeeVee, Inc. Response to Document Request No. 135: To the extent this Request asks for agreements regarding the use of Viacom Content, Plaintiffs object on the ground that it is subsumed within prior Document Requests, including but not limited to Document Request Nos. 17 and 18. Plaintiffs already have produced and will continue to produce non-privileged documents covered by this Request as part of its response to other Requests. To the extent that this Request asks for material not covered by prior Document Requests, including documents regarding agreements not pertaining to the use of Viacom Content, Plaintiffs object on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without waiving these objections and the foregoing General Objections, Plaintiffs will produce nonprivileged ESI and/or documents, if any, responsive to this Request and relevant to the claims alleged in the Complaint and/or Defendants' defenses. DOCUMENT REQUEST NO. 136: All documents related to any agreement between Viacom and Veoh Networks, Inc. Response to Document Request No. 136: To the extent this Request asks for agreements regarding the use of Viacom Content, Plaintiffs object on the ground that it is subsumed within prior Document Requests, including but not limited to Document Request Nos. 17 and 18. Plaintiffs already have produced and will continue to produce non-privileged documents covered by this Request as part of its response to other Requests. To the extent that this Request asks for material not covered by prior Document Requests, including documents regarding agreements not pertaining to the use of Viacom Content, Plaintiffs object on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without

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waiving these objections and the foregoing General Objections, Plaintiffs will produce nonprivileged ESI and/or documents, if any, responsive to this Request and relevant to the claims alleged in the Complaint and/or Defendants' defenses. DOCUMENT REQUEST NO. 137: All documents related to any agreement between Viacom and Hulu LLC. Response to Document Request No. 137: To the extent this Request asks for agreements regarding the use of Viacom Content, Plaintiffs object on the ground that it is subsumed within prior Document Requests, including but not limited to Document Request Nos. 17 and 18. Plaintiffs already have produced and will continue to produce non-privileged documents covered by this Request as part of its response to other Requests. To the extent that this Request asks for material not covered by prior Document Requests, including documents regarding agreements not pertaining to the use of Viacom Content, Plaintiffs object on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without waiving these objections and the foregoing General Objections, Plaintiffs will produce non-privileged ESI and/or documents, if any, responsive to this Request and relevant to the claims alleged in the Complaint and/or Defendants' defenses. DOCUMENT REQUEST NO. 138: Each agreement between Viacom and any third party related to the online marketing of Viacom Content. Response to Document Request No. 138: Plaintiffs object to this Request on the ground that it is subsumed within prior Document Requests, including but not limited to Document Request Nos. 99 and 100. Plaintiffs further object to this Request on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without

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waiving these objections and the foregoing General Objections, Plaintiffs will produce nonprivileged ESI and/or documents covered by this Request and relevant to the claims alleged in the Complaint and/or Defendants' defenses. DOCUMENT REQUEST NO. 139: One complete copy of each Electronic Press Kit ("EPK") for each work in suit. Response to Document Request No. 139: Plaintiffs object to this Request on the grounds that it is subsumed within prior document requests, including but not limited to Document Request No. 99, and that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Plaintiffs further object to the term "complete" to the extent that it purports to impose an obligation on Plaintiffs to produce materials in a form different from how they are maintained in the ordinary course of business. Subject to and without waiving these objections and the foregoing General Objections, Plaintiffs will produce non-privileged ESI and/or documents, if any, responsive to this Request and relevant to the claims alleged in the Complaint and/or Defendants' defenses. Based on discussions between the parties regarding the meaning of the vague and ambiguous term "Electronic Press Kit," Plaintiffs will produce only materials that are referred to as Electronic Press Kits in the ordinary course of Plaintiffs' business. DOCUMENT REQUEST NO. 140: One copy of each video file used in connection with the promotion or marketing of any work in suit. Response to Document Request No. 140: Plaintiffs object to this Request on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without waiving these objections and the foregoing General Objections, Plaintiffs will produce promotional video files that are longer than 30 seconds for all works in suit, except that when multiple promotional video files are identical except that they contain a different call

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to action (e.g., the last few seconds of one says "Watch SpongeBob, Tuesday night at 7" while another is the same except that it says "Watch SpongeBob, tonight at 7"), Plaintiffs will produce only one of the functionally identical video files. For the promotional video files that Viacom has agreed to produce, Plaintiffs will produce them organized by work in suit. DOCUMENT REQUEST NO. 141: All releases, licenses, or agreements of any kind signed by guests or interviewees appearing on any episode of The Daily Show or Colbert Report in connection with their appearances. Response to Document Request No. 141: Plaintiffs object to this Request on the ground that it is subsumed within Document Request No. 2 and seeks material that, in response to Plaintiffs' objections to Document Request No. 2, the Court determined that Plaintiffs are not obligated to produce. Plaintiffs further object to this Request on the grounds that it is overly broad, unduly burdensome, and seeks information not likely to lead to the discovery of admissible evidence. Subject to and without waiving these objections and the foregoing General Objections, Plaintiffs will produce documents and/or ESI, if any, responsive to this Request, pertaining to a work in suit, and relevant to the claims alleged in the Complaint and/or Defendants' defenses.

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August 14, 2009

Respectfully submitted,

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William M. Hohengarten (WH-5233) JENNER & BLOCK LLP 1099 New York Avenue, N.W. Suite 900 Washington, DC 20001 Telephone: [phone] Facsimile: [phone] Susan J. Kohlmann (SK-1855) JENNER & BLOCK LLP 919 Third Avenue 37th Floor New York, NY 10022 Telephone: [phone] Facsimile: [phone] Stuart J. Baskin(SB-9936) Stephen R. Fishbein (SF-3410) John Gueli (JG-8427) SHEARMAN & STERLING LLP 599 Lexington Avenue New York, New York 10022 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

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TO: David H. Kramer Michael H. Rubin Bart E. Volkmer WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, CA 94304 Telephone [phone] Facsimile [phone] Richard Ben-Veniste Andrew H. Schapiro A. John P. Mancini Matthew D. Ingber Brian M. Willen MAYER BROWN LLP 1675 Broadway New York, NY 10019-5820 [phone] [phone] (fax) Attorneys for Defendants

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on this 14th day of August, 2009, on Defendants' counsel by electronic mail, pursuant to an agreement of the parties under Fed. R. Civ. P. 5(b)(2)(D).

Rubin Exhibit 131

Work In Suit

Pr o m o t i o n al V i d e o Pr o d u c e d by V i ac o m ( V i d e o Fi l e an d S o u r c e D i s k )
204_foxy_240.flv (VIA_PROMO_000037) 210_cheat_240.flv (VIA_PROMO_000037) 302_rudy_240.flv (VIA_PROMO_000037) 216_pirates_240.flv (VIA_PROMO_000037) 209_rap_240.flv (VIA_PROMO_000037) 302_36mafia_240.flv (VIA_PROMO_000037)

R u bi n D e c l . E x h i bi t V e r s i o n " A " A s Pr o d u c e d by V i ac o m
132A 133A 134A 135A 136A 137A

R u bi n D e c l . E x h i bi t V e r s i o n "B " C o n ve r te d to M PE G - 1 Fo r m at
132B 133B 134B 135B 136B 137B 138B 139B 140B 141B 142B 143B 144B 145B 146B 147B 148B 149B 150B 151B 152B 153B 154B 155B 156B 157B 158B

V i d e o ID o f C l i p s i n Su i t M at c h i n g V i ac o m Pr o m o t i o n al V i d e o s
zDEXipdnMCI nNrMydWxOPE SZRVfdQIk1Y H6E-KLzPe78 _EXqxW_lJ7M JrzbTpEE5Pg a1vH7ANtuIo D672Ynm9v00 RrMT1MSiUNQ 3dELi5G-4VQ 5Dx_9Z8mPu0 6jrjZXAL9uY djjrjK-N2Ls JYBWzzbDpC4 vTvMY0QVFGI ydzMHJNTrTw 6qJwikKLLzg hUR7Ul8eOAM mB_hZtbyDlw odRzNTpl8I4 seOk5FHcvxo _YfYmrkYiW0 GjWzcOryRP0 Wt4wDTuOeig Rooa7lGKmkE fpEbOfrC-pY UnzSAlGhzkk 8iPqFfz6gII Ju50pe8_UFo L7Z-ViFroSg APjMaIvDsVQ VrlFjoDlJic EbDWqx3hVi0 VGI-RaHgjTA GO_sq-_OOP0 E95bOTnpPVk hr42F3B-akM RApploZ8cpA unloqkDNaLs -hDJ_tRm5es oUpbHYHvOlk WveBTctN5cY XPW4sXNTWU4

R u bi n D e c l . E x h i bi t V e r s i o n "A " A s Stor ed on Y o u Tu be ' s S e r ve r s
177A 178A 179A 180A 181A 182A 183A 184A 185A 186A 187A 188A 189A 190A 191A 192A 193A 194A 195A 196A 197A 198A 199A 200A 201A 202A 203A 204A 205A 206A 207A 208A 209A 210A 211A 212A 213A 214A 215A 216A 217A 218A 219A

R u bi n D e c l . E x h i bi t V e r s i o n "B " C o n ve r te d to M PE G - 1 Fo r m at
177B 178B 179B 180B 181B 182B 183B 184B 185B 186B 187B 188B 189B 190B 191B 192B 193B 194B 195B 196B 197B 198B 199B 200B 201B 202B 203B 204B 205B 206B 207B 208B 209B 210B 211B 212B 213B 214B 215B 216B 217B 218B 219B

Drawn Together Drawn Together Crank Yankers Mind of Mencia Mind of Mencia Mind of Mencia Mind of Mencia Mind of Mencia Mind of Mencia Mind of Mencia

311_blackpresident_240.flv (VIA_PROMO_000037) 138A 401_cop_240.flv (VIA_PROMO_000037) 315_movies_240.flv (VIA_PROMO_000037) 314_mindfreak_240.flv (VIA_PROMO_000037) 139A 140A 141A 142A 143A 144A 145A 146A 147A 148A 149A 150A 151A 152A 153A 154A 155A 156A 157A 158A

Lewis Black's Root of roe_103a_04_240.flv (VIA_PROMO_000037) All Evil Lewis Black's Root of roe_108_02_240.flv (VIA_PROMO_000037) All Evil Live at Gotham Live at Gotham Live at Gotham Chocolate News The Sarah Silverman Program The Sarah Silverman Program Reno 911! Reno 911! Drake and Josh iCarly iCarly Avatar Avatar Avatar Avatar 208_iglesias_240.flv (VIA_PROMO_000037) 207_black_240.flv (VIA_PROMO_000037) 106_rogan_show_240.flv (VIA_PROMO_000037) 102_haters_240.flv (VIA_PROMO_000037) ss_204_01_240.flv (VIA_PROMO_000037) ss_101_pooped_rev_240.flv (VIA_PROMO_000037) rn_511_11_240.flv (VIA_PROMO_000037) 309_jonesjingle_240.flv (VIA_PROMO_000037) ni_daj_i_love_sushi_79813_clip_320.flv (VIA_PROMO_000033) ni_rt106620_ic_clip.mpg (VIA_PROMO_000035) ni_icarly_rt106701_more_viewers_clip.mpg (VIA_PROMO_000035) ni_avator_rt113384_invasion_clip.mpg (VIA_PROMO_000035) ni_avatar_rt138917_the_ember_island_players_clip. mpg (VIA_PROMO_000035) ni_avatar_rt109664_sokkas_master_clip.mpg (VIA_PROMO_000035) ni_a_paintedlady_clip_rt108494.mpg (VIA_PROMO_000035) 109_blackzilla_240.flv (VIA_PROMO_000037)

Chappelle's Show

159A

159B

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Work In Suit

Pr o m o t i o n al V i d e o Pr o d u c e d by V i ac o m ( V i d e o Fi l e an d S o u r c e D i s k )
107_jedisexscandal_240.flv (VIA_PROMO_000037) 213_toilet_240.flv (VIA_PROMO_000037) 211_haters_240.flv (VIA_PROMO_000037) 207_dice_240.flv (VIA_PROMO_000037)

R u bi n D e c l . E x h i bi t V e r s i o n " A " A s Pr o d u c e d by V i ac o m
160A 161A 162A 163A

R u bi n D e c l . E x h i bi t V e r s i o n "B " C o n ve r te d to M PE G - 1 Fo r m at
160B 161B 162B 163B 164B 165B

V i d e o ID o f C l i p s i n Su i t M at c h i n g V i ac o m Pr o m o t i o n al V i d e o s
B-X77Bwee-c nkEGOte4G94 b5nxaWSP2LY Qdc4qLWWBXA syYFM9VshdI uTiiQxNmKgo 788cw5kurEE M-zMvuBVjHA tD8byi5zodU AZwhHdWVhOk CUwPRLisZJs eu81Uiidzbo gW7XgIMVQPc hoyoMtTLbok JouQ1N4OSLE jty2H6D8DpM -KSAZsrfFxc OOMjip4pj40 pf5XCDCQ3Jg Pk-OxMRHz3w S2LLksvDWGA toSHNmDFP4Y ttL9inKOi1U wgnG1kY5nl4 wnJ4X9n01bs x2CIMYKAoig y5U9Qk9ljDM hGuVGECII2g V8vLVJVyVmA Vwde16McDVs W2u60cUK8Oo iuoC3LWXj8U mg4Qa_zzufk q793TeXJvUY 20hRwA8FsJs NHuqm8hyNCA 0BW_XqajKKw D4yu4FvwLvQ N1s-rqKivHI SktePEr8VbY 5BwvVn8lMPc K0hl17BwyXM R3AT91x0pK8 YI4vdV6Rtik IDs-GD_gJXA OlS8mpmvOTs

R u bi n D e c l . E x h i bi t V e r s i o n "A " A s Stor ed on Y o u Tu be ' s S e r ve r s
220A 221A 222A 223A 224A 225A 226A 227A 228A 229A 230A 231A 232A 233A 234A 235A 236A 237A 238A 239A 240A 241A 242A 243A 244A 245A 246A 247A 248A 249A 250A 251A 252A 253A 254A 255A 256A 257A 258A 259A 260A 261A 262A 263A 264A 265A

R u bi n D e c l . E x h i bi t V e r s i o n "B " C o n ve r te d to M PE G - 1 Fo r m at
220B 221B 222B 223B 224B 225B 226B 227B 228B 229B 230B 231B 232B 233B 234B 235B 236B 237B 238B 239B 240B 241B 242B 243B 244B 245B 246B 247B 248B 249B 250B 251B 252B 253B 254B 255B 256B 257B 258B 259B 260B 261B 262B 263B 264B 265B

Chappelle's Show Chappelle's Show Chappelle's Show Chappelle's Show Chappelle's Show Chappelle's Show

112_tradingspouses_240.flv (VIA_PROMO_000037) 164A 112_and1_240.flv (VIA_PROMO_000037) 165A

Chappelle's Show

110_historysgreatestwars_240.flv (VIA_PROMO_000037)

166A

166B

Chappelle's Show

302_dean_240.flv (VIA_PROMO_000037) 108_frontlineracistsanimals_240.flv (VIA_PROMO_000037) 106_chappellestory_240.flv (VIA_PROMO_000037) 104_reparations_240.flv (VIA_PROMO_000037) 103_zapped_240.flv (VIA_PROMO_000037) 102_psychicline_240.flv (VIA_PROMO_000037) 101_popcopy_240.flv (VIA_PROMO_000037) 101_klanpart2_240.flv (VIA_PROMO_000037) 101_klan_240.flv (VIA_PROMO_000037)

167A

167B

Chappelle's Show Chappelle's Show Chappelle's Show Chappelle's Show Chappelle's Show Chappelle's Show Chappelle's Show Chappelle's Show

168A 169A 170A 171A 172A 173A 174A 175A

168B 169B 170B 171B 172B 173B 174B 175B

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Work In Suit

Pr o m o t i o n al V i d e o Pr o d u c e d by V i ac o m ( V i d e o Fi l e an d S o u r c e D i s k )

R u bi n D e c l . E x h i bi t V e r s i o n " A " A s Pr o d u c e d by V i ac o m

R u bi n D e c l . E x h i bi t V e r s i o n "B " C o n ve r te d to M PE G - 1 Fo r m at

V i d e o ID o f C l i p s i n Su i t M at c h i n g V i ac o m Pr o m o t i o n al V i d e o s
0xwiDeK02Ds 5q7-ePkr6_g 6G66HoaMWKE 6JVBORzb6zc 9QM9jpyoug0 9qP3of_y-yI azCdTv5zKz4 chATcywQwYI CvZWrfQTeZ8 CxTZXM8_bkM D7-8sCdHsXQ eFELX29oFZg EpQhRj022NI f69hnKij7y8 FmWiKOyGctc fTD1ZE6m_0A ftgonN_BeJM FVAOxsM2xJI hElmEvXc-e4 ihHu4ecaJEw jVT10rOAMvo KHuyrZDoelQ mBDEWPm7_d8 N8q4g1re0tQ ojKTnKRJAgc oVfgIcfC7rs ozK5Gyn-mkU PgCQL-WqY3g -PRvzv5K4oo Qb8DmmzDMMc qimEZ2iLzyE qRl-PtGDsgI r7QtZbZ226Y RuhG_6qjhDM rZSEF8uJ1A0 SeJjZgvbhrg twIyFLOu7Fw t-wypUmOVOA tZtPxyyymog vDPpVEKvNXA VVKT591N2pg WhGa3poJmDw wS8IKyIhf28 WtSwZ98fL7U zE_FqPuW-Dc

R u bi n D e c l . E x h i bi t V e r s i o n "A " A s Stor ed on Y o u Tu be ' s S e r ve r s
266A 267A 268A 269A 270A 271A 272A 273A 274A 275A 276A 277A 278A 279A 280A 281A 282A 283A 284A 285A 286A 287A 288A 289A 290A 291A 292A 293A 294A 295A 296A 297A 298A 299A 300A 301A 302A 303A 304A 305A 306A 307A 308A 309A 310A

R u bi n D e c l . E x h i bi t V e r s i o n "B " C o n ve r te d to M PE G - 1 Fo r m at
266B 267B 268B 269B 270B 271B 272B 273B 274B 275B 276B 277B 278B 279B 280B 281B 282B 283B 284B 285B 286B 287B 288B 289B 290B 291B 292B 293B 294B 295B 296B 297B 298B 299B 300B 301B 302B 303B 304B 305B 306B 307B 308B 309B 310B

Chappelle's Show

111_makeawish_240.flv (VIA_PROMO_000037)

176A

176B

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Rubin Exhibits 132 - 316

VIDEO EXHIBITS: FILED MANUALLY