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" <f chastagnol Q youtube.com> "Stephen Cho" <stephencho @ google. com~

Cc:

"Jay Yagnik" ~jyagnik Q google.com>, "Jill Szuchmacher"
"Thomas Sly" <tomslyQgoogle.com>,

~[e-mail],,
Baluja"

"Michele Covell" <covell Qgoogle.com~,
Bcc:

"Shumeet

<shumeet @google. com~, "Kelly Liang" <kel Qyoutube, comz, "davidl @google.com" ~davidl @google.com>
Received Date: 2006-12-05 23:14:42 GMT

Subject:

Re: MAGIX Corp. - December

5 meeting

Just to be clear to everyone: Steve Chen, Franck, and the collective engineering teams have the call here of course. And the current plans are roughly for Audible Magic for now and the in-house Google fingerprinting technology going forward. some of these external inbounds (Gracenotes, Aurix, MAGIX, Tunesat, Attributor, ...) are being handled as a matter of courtesy and just keeping abreadst of what's in the market. (i.e., no one is thinking about any sort

of bake off with multiple 3rd party fingerprinting vendors ...)
Stephen On 12/5/06, Franck Chastagnol ifchastagnol @youtube.comr wrote:

r jay is correct. z youtube is currently > but in the long-term, > fingerprinting

licensing Audible Magic for audio fingerprinting. we want to use Google's audio and video

~ in regards to evaluating other fingerprinting vendors, ~ with Chris Maxcy, head of bus dev at youtube > thanks,
>franck

please

touch base

> On Dec 5, 2006, at 12:01 PM, Jay Yagnik wrote: > I am in touch with Franck and Kelly from YouTube who are in charge of the > fingerprinting effort to give content owners the opportunity to protect i

> share revenue on their videos. They were planning to use Audible Magic for
> the fingerprinting engine but after the sync up on our status and plans in ,this area we are reaching a consensus that we should have this core piece

~ of tech. in house. However in the short term they might start something with ~ Audible Magic and later shift to our internal system once it is ready. They > are looking into the issue of generating the large database of fingerprints ~ for premium content (which Audible Magic already has due to its relation to
> the media companies), it will involve talking to partners and convincing

~ them to use our fingerprinting tech. I don't have the full details on who .all they are talking to but i do know that MPAA is one of them and we were > planning to set up a pilot test for them eval. our tech. a few months down
~ the line.

~ Franck/Kelly can give a clearer picture on this.
> Jay ~ On 12/5/06, Jill Szuchmacher [e-mail] > wrote:

"~""'F"a -TCe-

Highly

ConfidentidL

600001-00189308

~ z ...except
>>

I forgot to add him...sorry Jill Szuchmacher Cho, director

all > wrote: initiatives and business

> > On 12/5/06, > r , adding

<jillsQgoogle.com of new content

Stephen

z ~ z analytics, who has taken over the MAGIX relationship.
>,,

> r > On 12/5/06, Michele Covell <[e-mail]>
· , , > Hi Tom,
>~,>

wrote:

> > > ~ I don't see an appointment with MAGIX for today. I have one on my z > > r calendar for tomorrow on fingerprinting technology at 10:30am, z > , ~ organized by Shumeet, with Jay Yagnik (Google research/video),
~ >,> Sylvia

~ > > > Benavidez and Sean Dempsey (both Google corp dev). Let us know if > > > > you'd like to be added to that meeting. · > > > Jay Yagnik has been talking with the uTube guys more about the audio ~ > > > fingerprinting as well. I think he has a phone conference with them z > > > plus some people from the movie industry today. (Jay, is that
~ >.~ z z ..
sr>>

right? Could you give us an update?) Michele Thomas Sly domslyQgoogle.comr wrote:

> , z > Thanks,
>>>>

> > ~ > On 12/5/06,
> > > > MAGIX,

> > > ~ z I'm not sure if there's a meeting going on today with the folks at > > > > > but I have some new details to share with you.
""'

~ > , > , I just learned that the technology YouTube is licensing is called r r z ~ z AudibleMagic...not MAGIX. Apparently, Steve Chen (at YouTube) ~,>>leading

is

~ > > ~ z the effort to figure out a way to blend their existing work with
~ ~,~ our in

> > > > > house fingerprinting
2>>>,

technology.

·

z ~ ~ ~ Tom

>>>>,
2~,>,

> > , , , On 11/23/06, Michele Covell ~ covellbgoogle.comz wrote: > > ~ > > > The only other people (besides GV, which Jill would know about)
1 z > > would s ~ ~ > ~ ~ be someone
> > > > about z > 2,,
,,>>,z

in dMarc...

but I would

think that

Tom

would

know

> that.

> > > > > z Another group that has contacted > > z z technology are
z > > > outside

me about this type of

r , z r , r the Google TV folk.., but I don't think they are looking at
~ >,
>>>>,>

~ ~ > technology.

~ z ~ > > ~ Sorry for not being more help.
2>~~~2

Highly

ConfidentidL

600001-00189309

> ~ > z z > On 11/21/06, Thomas Sly domslyQgoogle.com>
,r>,>,z

wrote:

> > ..
z>>zthat ,>,,,

> > > I don't know which team Markus is referring to...but I do know
Michele

> > z z ~ r > Covell asked to be part of this evaluation.
"""'

r >,>..,
~>~>,2~

Michele, do you know anything about this?
Tom

,,>,>,s
>>,~>>~

· z > > > > > On 11/21/06, Jill Szuchmacher < jillsQgoogle.com> wrote: > 1 > z ~ r z r Tom - do you know who the team is that Markus is talking
>~,,
>2,,,>>>

about?

z > > > > > z ~ [background: this is the audio fingerprinting solution Iwas
z>>>looking
>>>>>at

z > >, > z z for video; so was YT; now it's passed somewhere back to
> > z > Google, not sure z ~ > > > ~ ~ where to]
1>>2~~~>

> ~ > > > > , , thanks,
· 2.2. ~ > > Jill
>2>~>~2>

> > > > > >, z ---------- Forwarded message > > > > > > > , From: Markus Gunn <
~ ~ > > ~ > ~ s Date: Nov 21, 2006 6:09 AM

--------->

z > > > > z ~ ~ Subject: MAGIX Corp. - December 5 meeting ~ z ~ ~ > ~ > z To: Jill Szuchmacher 4illsQgoogle.com>
>>2>>>~~

>>>>2~~~
>>,,,>>>

22>>,2~~ 2>>>>>~~

> > > > > , > , Hi Jill,
~r~>>>~~ ~>,>,>>>

· z ~ ~ ~ s s s I've learned
> ~ ,, with the

from Chris Maxcy (VP Bit Dev Q YouTube)

that

>~,>z Google ~ ~ ~ , > z ~ integration
~ >,> the MAGIX

there is now a new team in charge He's passed

of evaluating

> > > > > 1 ~ AudiolD technology.
~ ~ ~ ~ and ~ > > > > contact

along the MAGIX presentation

> > > , ~ > > information ~ > ~ > directly.
>>>>>Are

and asked

the Google team to follow up with us

1 > 1 z ~ 1 > you aware
r, 22 the afternoon ~>>>z

of this?

Is it possible

to coordinate

a meeting

for

~ > > > > ~ ~ of December 5? We're going to be in San Francisco ~,> > day. I'II try ~ 1 > > > > > giving you a call this morning. Thanks Jill.

that

Highly ConfidentidL

600001-00189310

~~2,>,22
S~Z2~~>5

,z

z >,~

~ > Cheers,

>r,>>>z~

> > > > > , > , Markus
,>>,,>>>

>2>~>>>> ~>~>>~~~

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

Best regards,
Markus

,>zz,,>r
>r~~,>>~

> , > > > > > , MAGIX > >,, > ~ ~ ~ Markus > > ~ > 701 SW

AG Gunn 27th Ave Suite 1403

,,,,
> >.>
Z>>,>>~r

~ ~ z , Director Business Development North America
, FL 33135

> ~ > > > z > ~ Miami

z ~ > >> >> >Tel.: z~>z>r>z Fax:
""""

> > > >,~,> >>>>z,>rWeb:
"""" >>>>>>2~
2>,,~>2~

Email:

mailto: www.magix.com

>>>>>~>~-----------------------------1>>>----~~,>>--

>>>>>>~------------------------------>>~~>~~>

z z z > > > > > The information in this email is intended only for the
> > > > addressee
> > > > ~ > > above.

named
Access

> r > > > ~ ~ ~ to this email by anyone else is unauthorized. If you are not
> > > > the > > > > > intended

~ ~ > > > ~ ~ recipient

of

z . > .,
~>~~~in

> > > this message
taken on it

any disclosure, copying, distribution or any

· z > > action

~ > > > > > Z reliance

z ,,,,
~>~>~~~s

> > ~ is prohibited

and may be unlawful. that any attachments are free from

· > , > > r > > MAGIX does not warrant
z > ~ > viruses ~ ~ ~ ~ ~ other
~>,,,>>d~eds

or

~ 1 ~ > 1 ~ > ~ and accepts
z,,,infected email Z > > > > > ~ transmissions.

no liability for any losses

resulting from

~ ~ > > > > > > Please
> ,,> those of the

note that any views expressed

in this email may be

~ > > > > ~ > originator and z > > > z ~ > z do not necessarily
~,,,>>>>-----------------------------~>>>----SZ~~>--

represent

the agenda

of the company.

Highly

ConfidentidL

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>>>~>~~------------------------------~2~1,5>~

2>>>>>>>

r2~r>2>,--

~~>>>5~>

,..> >... Manager I New Business Development · > > > > > , , Google Inc. 1 1600 Amphitheatre Pkway, Mountain View, CA
~ ~ ~ ~ 94043

> > > > ,,
2~~>>>> ~>>~~2~
~~,~~>Z

> > Tel.

1 Mobile

IFax

,>>2>>~--

~ > > > > z ~ Tom Sly
> > > > > > > tel:
~>>>>> 2>,,~
>r>>>

~~>,>--

2>>>>

· > > > , Tom Sly
z > > > > tel:

>>> ~>>--

,>z
>>>

Jill Szuchmacher

z > > Manager I New Business Development > > , Google Inc. 1 1600 Amphitheatre Pkway, Mountain View, CA 94043
> z > Tel.
>>>

1 Mobile

1 Fax

>>

· > Jill Szuchmacher

~ ~ Manager I New Business Development ~ > Google Inc. 1 1600 Amphitheatre Pkway,
~ > Tel. 1 Mobile

Mountain View, CA 94043
1 Fax

Highly

Confidential

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