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

Filing 318

DECLARATION of Susan J. Kohlmann/ Exhibits to Declaration of Susan J. Kohlmann in Support of Viacom's Opposition to Defendants' Motion for Summary Judgment in Support re: 284 Memorandum of Law in Opposition to Motion,. Document filed by Country Music Television, Inc., Paramount Pictures Corporation, Viacom International, Inc., Black Entertainment Television, LLC, Comedy Partners. (Attachments: # 1 Exhibit 52, # 2 Exhibit 53, # 3 Exhibit 54, # 4 Exhibit 55, # 5 Exhibit 56, # 6 Exhibit 57, # 7 Exhibit 58, # 8 Exhibit 59, # 9 Exhibit 60, # 10 Exhibit 61, # 11 Exhibit 62 - Part 1, # 12 Exhibit 62 - Part 2, # 13 Exhibit 62 - Part 3, # 14 Exhibit 62 - Part 4, # 15 Exhibit 62 - Part 5, # 16 Exhibit 62 - Part 6, # 17 Exhibit 62 - Part 7, # 18 Exhibit 62 - Part 8, # 19 Exhibit 62 - Part 9, # 20 Exhibit 63, # 21 Exhibit 64, # 22 Exhibit 65, # 23 Exhibit 66, # 24 Exhibit 67, # 25 Exhibit 68, # 26 Exhibit 69, # 27 Exhibit 70, # 28 Exhibit 71, # 29 Exhibit 72, # 30 Exhibit 73, # 31 Exhibit 74, # 32 Exhibit 75, # 33 Exhibit 76, # 34 Exhibit 77, # 35 Exhibit 78, # 36 Exhibit 79, # 37 Exhibit 80)(Kohlmann, Susan)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK __________________________________x VIACOM INTERNATIONAL, INC., COMEDY PARTNERS, COUNTRY MUSIC TELEVISION, INC., PARAMOUNT PICTURES CORPORATION, and BLACK ENTERTAINMENT TELEVISION, LLC, Plaintiffs, vs. YOUTUBE, INC., YOUTUBE, LLC, and GOOGLE, INC., Defendants. __________________________________x NO. 07-CV-2103

VIDEOTAPED DEPOSITION OF MICHAEL FRICKLAS NEW YORK, NEW YORK TUESDAY, SEPTEMBER 22, 2009

REPORTED BY: JENNIFER OCAMPO-GUZMAN JOB NO.: 17742

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

2ccf711d-70a6-4eae-9657-26f824642c03

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SEPTEMBER 22, 2009 9:48 a.m.

VIDEOTAPED DEPOSITION OF MICHAEL D. FRICKLAS, held at the offices of MAYER BROWN, 1675 Broadway, New York, New York, pursuant to notice, before JENNIFER OCAMPO-GUZMAN, Notary Public of the State of New York.

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

2ccf711d-70a6-4eae-9657-26f824642c03

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A P P E A R A N C E S: FOR THE PLAINTIFFS VIACOM INTERNATIONAL, INC.: SHEARMAN & STERLING, LLP BY: STUART BASKIN, ESQ. [e-mail]

[phone]

-andBY: KIRSTEN CUNHA, ESQ.

[phone] [e-mail] 599 Lexington Avenue New York, New York 10022-6069 FOR THE DEFENDANTS YOUTUBE, INC., YOUTUBE, LLC and GOOGLE, INC.: MAYER BROWN, LLP BY: ANDREW SCHAPIRO, Esq.

[phone] [e-mail] -andBY: JASON KIRSCHNER, Esq.

1675 Broadway New York, New York 10019-5820 [phone] ALSO PRESENT: NICHOLAS GUZMAN, Videographer MARK C. MORRIL, ESQ. (Viacom) [e-mail]

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

2ccf711d-70a6-4eae-9657-26f824642c03

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THE VIDEOGRAPHER:

Good morning.

This begins tape number 1 in the videotaped deposition of Michael Fricklas on September 22, 2009, in the matter of Viacom International Inc., et al, plaintiffs versus YouTube, Inc., et al, defendants. This case was filed in

the United States District Court, Southern District of New York. Number 07-CV-2003 (sic). Today's deposition is taking place at Mayer Brown LLP located at 1675 Broadway, New York, New York 10019. The time on the record is now 9:48 a.m. My name is Nicholas Guzman. I Case

will be the legal video specialist on behalf of David Feldman Court Reporting. The certified court reporter today is Jennifer Ocampo-Guzman, also on behalf of the David Feldman Court Reporting. At this time I will ask counsel to please introduce themselves for the record. MR. SCHAPIRO: I'm Andrew Schapiro

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

2ccf711d-70a6-4eae-9657-26f824642c03

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for the defendants. MR. KIRSCHNER: I'm Jason Kirschner

from Mayer Brown on behalf of the defendants. MR. BASKIN: I'm Stuart Baskin of

Shearman & Sterling for Viacom and Mr. Fricklas. MS. CUNHA: Kirsten Cunha from

Shearman & Sterling on behalf of the witness and the Viacom plaintiff. MR. MORRIL: Viacom. THE VIDEOGRAPHER: For the record Mark Morril from

will the court reporter please swear in the witness. M I C H A E L D. F R I C K L A S,

called as a witness, having been duly sworn by a Notary Public, was examined and testified as follows: THE VIDEOGRAPHER: proceed. EXAMINATION BY MR. SCHAPIRO: Q. Good morning, Mr. Fricklas. Counsel, you may

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

2ccf711d-70a6-4eae-9657-26f824642c03

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Fricklas rather than a series of takedown notices as you learned of each clip's presence; that's correct, right? A. Yeah, I mean, I want to set one

thing correct, something that I said in answer to an earlier, slightly earlier question and it's also responsive to this one, which is, I don't know that no takedown notices were -- were -- were sent because at various periods of time there were, you know, for example, full motion pictures and full television episodes that were posted and no one -- and those would have been taken down right away. But, otherwise, we were in the

midst of negotiations regarding the licensing terms for those clips and determined not to send a takedown notice. Q. I just want to make sure I have the

final part of your answer correct. You said you were in the midst of negotiations with regard to licensing terms for those clips and so determined not to send takedown notices as to that? A. In the -- in the period of time

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

2ccf711d-70a6-4eae-9657-26f824642c03