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:

"Franck Chastagnol" dchastagnol
"David G King" ~[e-mail]

@youtube.com~

Cc: "Ken Motoyama" <kenm Qgoogle.com~, "Alwin Chi"<alwinQgoogle.com,, "Jamie Byrne" <jbymeQyoutube.com~, "Matthew Liu"<matthewQyoutube.comz, "KenjiArai"<karaiQgoogle.com>
Bcc: Sent Date: 2007-03-13 05;03;54 GMT

Subject:

Re: Content Owner Takedown and Embraced UGC

This scenario of expiring rights will likely come up again as windowing is a common practice. I think we should consider allowing CYC users to input e~q~irationdates on claims so we don't have to manually manage
takedowns like this.

As this situation will occur again in the future, it is also important that the way we drive the messaging not be a manual process either. Working from the same concept of e~cpiringrights, we can send out a different message for this situation. In this scenario, we'll want to thank the user for uploading the content and explain in a respectful
tone that rights are no longer available.

I'IIput all this on the CYC roadmap. Jamie tells me that CBS will have the NCAA rights until 5 weeks from Thursday so we have a little time.
dk

Franck

Chastagnol

wrote: wrote:

~ On Mar 12, 2007, at 11:32 AM, Ken Motoyama
>> Hi Franck,

z> I hope you had a wonderful weekend. There are a few questions posed >> in this chain and I am wondering if you can shed some light on them
~> or direct us to who can.

>~ i) If a content owner stakes a rev. share claim against some UGC,
>~ then takes their own content down several weeks later, we will have

>> to pull associated UGC down as well. Can we setup a special message >> (different from the removed display message) for users to understand
>> what has happened?

~ well first of all, currently we do not have a tool to change the ~ policy of legacy claimed content. > policy would have to be changed manually by using eye web tool. > dave parker is working on a batch that we could use internally. ~ later we are planning on e~q~osingthis "mass update" too to the eye
~ front-end as well.

~ in terms of messaging, we do not have anything in place yet except the
> standard copyright message.

> in case of a policy change on a legacy claim, the "mass update"

r feature couldprobably send an emailto the
> user to e~cplainthem what happened. could you talk with dave about this ? .. 2) How are strikes accounted for? If we pull the embraced content >~ down, will the user automatically receive a strike against them or is
~~ this controlled by the squad team? DATE: 12/16/08

ii

DEPONENT:C ~bS~C( 4h~

EXHIBIT# 5·

CASE:Viacom, al.,v. YouTube, al.,TheFootball et et

Association League, al.,v.YouTube, Premier et etal.,
CaseNos. 07-CV-2203 07-CV-3582 and A. IgnacioHoward,CLR,RPR,CSRNo. 9830
Highly Confidential
600001-02604740

z no, currently we do not give user a strike if content
> via CYC.

is taken down

rfranck

2> Thank you,
,>
>>

Ken

~~ ---------- FoMlarded

message

----------

~> From: *Jamie Byrne" <jbyrne Qyoutube.com
~> Date: Mar 12, 2007 7:32 AM r> Subject: Re: CBS March Madness + Warner

~mailto:j bymeOyouiube.com>r

~~ >> >> >> >> ~>
>>

To: David G King <dgking Qgoogle.com <mailto:dgking Qgoogle.com~> Cc: Ken Motoyama ~kenm Qgoogle.com ~mailto:kenm Qgoogle.com>~, Alwin Chi <alwinQgoogle.com <mailto:alwinQgoogle.com>r, Matthew Liu <matthew&youtube.com <mailto:matthew&youtube.com~>, Shiva Rajaraman <shivarQgoogle.com <mailto:shivarQgoogle.com>>, Kenji Arai < kenjiQgoogle.com <mailto:kenjiQgoogle.com>z

>> Ah good point.
>z

>> Actually -- I think we can get around the communications part (can we 2> change the "removed" display message) -- BUT -- will the users receive
>~ strikes?
>>

>> That is the bigger issue. If we encourage upload and then strike them
>~ two weeks
>z Jamie
>>

later, that will be problematic.

>>

~> David G King wrote:

~> > The claim database will allow us to get back to the list of claimed >> > UGC videos in the same way it leads us to their licensed videos. The ~> > only part I'm worried about is messaging what is going on to users.
>1 > On the one hand, we want them to upload their favorite clips, and on

>~ > the other, we'll end up de-publishing them a few weeks later without ~z z explaining why. This could cause some real confusion for our users. >> > Perhaps we can somewhat mitigate this by sending users an explanatory
>~ z email, or messaging it on their account page.

>> z Jamie Byrne wrote: >> 2> I think by Web -- but we can confirm with them.
" "

>> ~> They will just terminate the account -- that will take down all the
2> 22 uploaded clips.

>> >> Would be good if the CYC tool made it easy to take down claimed clips
~~ >z too.

>> >> Jamie

,> ,> Ken Motoyama >> r,, Hi David,

wrote:

Highly

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600001-02604741

>> >~> Please
22 2>2

see questions/comments

below in bold

,> >,> On 3/9/07, *David G King" ~ dgkingQgoogle.com ~> <mailto:dgkingQgoogle.com>

~~ ~~> <mailto: dgking @google.com ~mailto:dgking Qgoogle.com>~~
22 ,,,

wrote:

>> >2>
" "'

Alwin,

22 >>,
22 >>> 22 >>> ~> >>>
>r

I just spoke with Jamie and we are a little concerned about
leaving off

the CBS demo until Thursday as that is the day March Madness
begins, and CBS has exclusive
to

rights to the tournament.

Our goal is to get

>>> CBS

s> ,r,
22 >>,
22 >>>

Start claiming as much as possible, as soon as possible. We want
them

to claim this content
has
content

because

we can only monetize

content

that

been
to

>> >>>
22 ,>,

claimed. Of course CBS is also dependent on claiming the make money, We are confident that the thousands of likely user
by CBS

>> >,>

22 ~>> uploads >> z>> will drive much more traffic than the clips uploaded ~> >>> directly.
>r >>>

2> >~, Will CBS be·uploading the March Madness clips via the web or SFTP?
>> >>>

Please note that CBS should be using their specific NCAA tourney
2> 222 login for this type of claiming, allowing us to take this content
within

down

~> >>>
" ,>,

2 weeks of the end of the tournament (when their rights expire).

>> 222 We probably want to push the onus on CBS to take down their content >~ >>> in a timely fashion. The bigger issue is how will we takedown all >> >>> UGC that they claim (which I assume needs to be done as well)?
22 >,, 22 222
>> 22 >>> 222

In one of the emails it sounded push
for that instead.

like CBS can do Wednesday.

Let's

22 222 Kenji can you help with this?
22 >>>

22 >>> 2z >22
" >>>

Thanks, David
Alwin Chi wrote:

22

222

22 rrr
>> >>>

r [+kenji] > Hi David, > I believe
Rebecca

rl
2>

2>>
,22

,> >>>
~> >2>

Kenji has been working on setting up the call with

22 >,>
>> and
22 222

2 Borden on CYC next Thursday.
it
sounds

I just sync'ed up with Ken

Highly ConfidentidL

600001-02604742

>> r>,
22 212

2 like this is the same
before

discussion. decide

Let touch

base

next TueNVed with

22 ,,,.we

have

this call and

to drive this conversation

22 222 2 sounds like we are talking to quite a few executives >z ,>, lawyers on 22 222 > this upcoming call.
" >>> >

and

22 ,22
22 >>>
" 222

rRegards,
z Alwin

22 .>> > On 3/9/07, *David G King' ~ dgking Q google.com 22 <mailto:[e-mail]>

22 >22

<mailto: dgking 8 google, com <mailto:dgking Q google. com>r

z> 222 , <mailto: dgking @google.com <mailto:dgking Qgoogle.com~ 22 <mailto:dgking @googie.com ~mailto:dgking Qgoogle.com>~r> wrote:
" "' >

~> >>>
22 >22

>
z

Thanks for the heads up. Alwin is the TAM on CBS so I'II
with him

22 222
22 222

>
>

on getting a demo out early next week.

>> >>>
>> training
>> 222

>
time?

Alwin, can you please reach out to CBS and set up a

22 222
>> I'II do

z

Tuesday would be ideal. Please invite me along and

22 >>>

the demo

>> >>>
22 >>>

>
NEA

with you. Ken just setup a well run Webex demo today with
- I'd

>z >>>
r> will be

>

suggest we do the same thing with CBS. I'm sure Ken

>> >>> 22222
>s
2'

happy to > help you set that up if you haven't done it that way

before.
>>z

>, ,,>
22 222

>

Thanks,
dk

Jamie

Byrne wrote:

22 ~ :Onihephone ~~z itsoundslil(ethey boUght arenottotally
" 2>> Off on

22 222

CYC

and

22 >>>
>> >>>

>
>

> seem
Z

confused

about legal terms around

it.

2 Would be good to get appropriate
22 222 week as

folks trained as early

>r 222
>> >>>

2
>

> possible.
z Tip-off is at 9am on Thursday.
'12:00
>

22 222
22
"

>
>
z

Clips will be on the

>>>
222

PST.

2
22 >>> >

.Thanks
>

22 222

z

2 Jamie

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ConfidentidL

600001-02604743

~~

222

Z

21 222

r

r Matthew

Liu wrote:

2> 222 >~ 2>2 ready.
~~ 22> >

~> We are giving CBS access BBC
and NEA

to CYC before then. It is

22 ~~ 22 >>
22 >>

.r> 222 zr> ,,~
222 ,>>

> >z already have access. David, when were you planning on handing over z ~> the login/password? CBS will need a couple days to get acquainted
r
> >

22 >>>

22 with the tools
~> 22

and

trained

so sooner

is better.

>> >>,
>>
~>

>
>

,> On Mar 9, 2007, at 12:46 PM, Jamie
~>
222

Byrne wrote:

,>,
~,>

s2 >>>
22 >>>

>
>

22> Warner

is not involved in the March Madness

thing.

,> >>>
~~ ~>>
>> >>>

>
z

>>> However -- we do need to get CBS ready to Claim NCAA
via CYC.
222

>> ,>>
>Z >>~

>
2

>>, The Tournament
>>t

starts on Thursday.

>> .>>
22
>>

>>> What our our next steps there?
>
>

>>,
~>>

222

>Z

222

>

>>>

>> >>>

>

>2>
2>22

Matthew

Liu wrote:

>~ >~z
.> >>>

>
>

>2>2 Hey guys, >>>> Yesterday
he heard

~~ ,>>
>> >> ~>> >>>

>
that >

I met with Yujin from Warner.

He mentioned

22 >>>
22 >>>

>

~>,>

some

rumors that Warner

might be involved in the CBS

Madness

2> >>,
22 r>> 21 >1>
>~
2>

>
>
>

>>>> campaign

I was running. This is news to me. Can you

ii this >212 is or is not the case?
>>>>
>22,

>>>
,r,

>

Matt

,,

>2>

>

>>>>

Matthew

Liu

22 >>s

>1>> Product Manager 222> 1 matthew 22 <mailto:matthewQyoutube.com,

Q youtube.com

22 222
~~ >> z> >> >> 11

~mailto: matthew @youtube.com <mailto: matthew Q youtube. coml>

rrz ~mailto: matthewOyoutube.com <mai Ito: matthew Q youtube. com > <mai Ito:matthew Q youtube. com <mai Ito: matthew d youtube, com >>> >rr <mailto: matthew @ youtube. com <mailto: matthew Q youtube.comz ~mailto: matthew Q youtube. com ~mailto: matthew Q youtube. com>> sz2 ~ <mailto:[e-mail]

>> <mailto: matthew Q youtube. corn. <mailto: matthew Q youtube.com
22 ~mailto:matthew6youtube.comrzz>

Highly

ConfidentidL

600001-02604744

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