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

Filing 316

DECLARATION of Susan J. Kohlmann in Support re: 176 MOTION for Partial Summary Judgment /Viacom's Notice of Motion for Partial Summary Judgment on Liability and Inapplicability of the Digital Millennium Copyright Act Safe Harbor Defense.. Document filed by Country Music Television, Inc., Paramount Pictures Corporation, Viacom International, Inc., Black Entertainment Television, LLC, Comedy Partners. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29)(Kohlmann, Susan)

To: From:
Cc: Bcc:

"Franck Chastagnol" <franckcQgoogle.com~ "David G King' <[e-mail]~

Received

Date:

2007-08-02

01:05:47

CST

Subject:

Re: Strikes against

user accounts

Franck, To make the right call on this, it would be very helpful to understand

how often this happens. I do somewhat monitor the daily reports, but they don't really make the trends obvious. Can you provide any stats on how many strikes have resulted from this code change since it went live
2 weeks ago? It seems that audio only claims would go into the audioswap flow, without causing strikes, and that video fingerprinting

will also avoid issuing account strikes, so activity here is probably low. I'd be more inclined to prioritize this up the list if and when it
starts really affecting our users.

As for implementation, I think it makes more sense to split the "block"
claim into two: "block" or "block and strike."

Anyway, a little more data would be helpful, if not too hard to supply.
dk

Franck Chastagnol ~ Hi Philip,

wrote:

Yes, sorry for not communicating
> tool now results in a strike for user.

this but it was release

in v21.

z A claim with block policy issued by a partner from desc search in CYC

> We do not have the option at a partner level to deactivate this
> feature - but we can book a project to add this. > I let Dave determine the priority of this project. > Thanks,
z Franck

> On 8/1/07, *Philip Inghelbrecht* < inghelbrecht > cmailto:inghelbrecht Qgoogle.com>> wrote: > Hi guys

Q google.com

I never heard back from you on this email ... but then just read
> this in the product report: "With v.21 release, takedowns made by

~
> >

partners in CYC tools are now properly connected to the repeat
infringer policy. For those managing partners, you can now release CYC access with caveats about the missing 3 strikes policy.

z
>

I am a bit surprised ... So is this indeed live, and if yes, can
it be switched off?

z

[P1

DATE:12-I1010 k

EXHIBIT# 6

DEPONENT: ChU S~UYkPL
CASE: Viacom,et al., v. YouTube, al., The Football et Association PremierLeague,et al., v. YouTube, at., et
Case Nos. 07-CV-2203 and 07-CV-3582

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

Highly

ConfidentidL

600001-00035137

z > r

On 7/26/07, *Philip Inghelbrecht * dnghelbrecMQgoogle.com ~mailto: inghelbrecht Qgoogle. com>~ wrote: Hi guys

>
s

I understand that we don't count strikes against users when
their videos are taken down through the CYC tool. This is

>
z

actually fantastic news as it comes to a deal we're putting together with Lions Gate. However, I understand that this
policy may change in the future. If that's the case, can we

pls ensure that the partner can switch strikes count on/off (again: only on the CYC tool, not direct DMCA takedowns)? >
>

So no action required ... just putting something on your radar:)
Thanks! [p]

z >
>

Philip Inghelbrecht Strategic Partner Development Google Inc
Dir Cell
Fax

r > >

"lf you received this communication by mistake, please don't
forward it to anyone else tit may contain confidential or

privileged information), please erase all copies of it, including all attachments, and please let the sender know it
went to the wrong person. Thanks."

>

--

r >
s
> >

Philip Inghelbrecht Strategic Partner Development Google Inc
Dir6
Cell Fax

>

'!lf you received

this communication

by mistake,

please

don't

>
>

forward it to anyone else tit may contain confidential or privileged information), please erase all copies of it, including
all attachments, wrong person. and please Thanks." let the sender know it went to the

Highly

ConfidentidL

600001-00035138