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

Filing 319

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 81, # 2 Exhibit 82, # 3 Exhibit 83, # 4 Exhibit 84, # 5 Exhibit 85, # 6 Exhibit 86, # 7 Exhibit 87, # 8 Exhibit 88, # 9 Exhibit 89, # 10 Exhibit 90, # 11 Exhibit 91, # 12 Exhibit 92, # 13 Exhibit 93)(Kohlmann, Susan)

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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, ) ) vs. ) NO. 07-CV-2203 ) YOUTUBE, INC., YOUTUBE, LLC, ) and GOOGLE, INC., ) ) Defendants. ) ___________________________________) ) THE FOOTBALL ASSOCIATION PREMIER ) LEAGUE LIMITED, BOURNE CO., et al.,) on behalf of themselves and all ) others similarly situated, ) ) Plaintiffs, ) vs. ) NO. 07-CV-3582 ) YOUTUBE, INC., YOUTUBE, LLC, and ) GOOGLE, INC., ) ) Defendants. ) ___________________________________) VIDEOTAPED DEPOSITION OF TAMAR TEIFELD PALO ALTO, CALIFORNIA WEDNESDAY, FEBRUARY 18, 2009 JOB NO. 16515

DAVID FELDMAN WORLDWIDE, INC.
805 Third Avenue, New York, New York 10022 [phone]

84c58394-f1ea-41d0-abf5-5a06343659b1

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FEBRUARY 18, 2009 9:12 a.m.

VIDEOTAPED DEPOSITION OF TAMAR TEIFELD, WILSON SONSINI GOODRICH & ROSATI, LLP, 601 California Ave., Palo Alto, California, pursuant to notice, and before me, ANDREA M. IGNACIO HOWARD, CLR, RPR, CSR License No. 9830.

DAVID FELDMAN WORLDWIDE, INC.
805 Third Avenue, New York, New York 10022 [phone]

84c58394-f1ea-41d0-abf5-5a06343659b1

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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: KIRSTEN NELSON CUNHA, Esq.

599 Lexington Avenue New York, New York 10022-6069 [phone] [e-mail]

FOR THE DEFENDANTS YOUTUBE, INC., YOUTUBE, LLC and GOOGLE, INC.: WILSON SONSINI GOODRICH & ROSATI, LLP By: MICHAEL H. RUBIN, Esq. CAROLINE WILSON, Esq. 650 Page Mill Road Palo alto, California 94304 [phone] [e-mail]

ALSO PRESENT: PARAMOUNT PICTURES By: PAUL KOENIG, Esq.

5555 Melrose Avenue Hollywood, California 90038-3197 [phone] [e-mail]

DAVID FELDMAN WORLDWIDE, INC.
805 Third Avenue, New York, New York 10022 [phone]

84c58394-f1ea-41d0-abf5-5a06343659b1

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A P P E A R A N C E S

(Continued.)

ALSO PRESENT:

Lou Meadows, Videographer.

---oOo---

DAVID FELDMAN WORLDWIDE, INC.
805 Third Avenue, New York, New York 10022 [phone]

84c58394-f1ea-41d0-abf5-5a06343659b1

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TEIFELD PALO ALTO, CALIFORNIA WEDNESDAY, FEBRUARY 18, 2009, 9:12 A.M.

THE VIDEOGRAPHER:

On the record.

This is today's videotaped deposition of Tamar Teifeld taken on February 18th, 2009, at Wilson,Sonsini, Goodrich & Rosati it 601 California Avenue, Palo Alto, California. In the matter of

Viacom International vs. YouTube, Incorporated, et al. Case No. 07-CV-2103. In the United States

District Court, in the Southern District of New York. My name is Lou Meadows representing David-Feldman Worldwide. Located at 600 Anton

Boulevard, Suite 1100, Costa Mesa, California. We are now commencing at 9:08 a.m. Will all present please identify yourselves and state who you represent on the record. THE REPORTER: I'm not getting anything. There.

THE VIDEOGRAPHER: THE REPORTER:

Thank you. Sorry.

THE VIDEOGRAPHER: MR. RUBIN: MS. WILSON:

Michael Rubin for defendants. Caroline Wilson for defendants.

DAVID FELDMAN WORLDWIDE, INC.
805 Third Avenue, New York, New York 10022 [phone]

84c58394-f1ea-41d0-abf5-5a06343659b1

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TEIFELD MS. CUNHA: Kirsten Cunha from Shearman &

Sterling on behalf of the plaintiffs. MR. KOENIG: Paul Koenig from Paramount

Pictures on behalf of the plaintiff. THE WITNESS: Pictures. THE VIDEOGRAPHER: Thank you. Tamar Teifeld, Paramount

If there are no stipulations, the court reporter may now administer the oath.

TAMAR TEIFELD, having been sworn as a witness, testified as follows:

EXAMINATION BY MR. RUBIN MR. RUBIN: Q. Good morning, Ms. Teifeld. How are you?

My name is Michael Rubin. A Q Good. Good.

How are you?

I want to go over some ground rules for how we're going to have this deposition today. As you can

see, there's both a video camera and a court reporter here. The video camera we don't need to help out. It will take care of itself. But in order to get

DAVID FELDMAN WORLDWIDE, INC.
805 Third Avenue, New York, New York 10022 [phone]

84c58394-f1ea-41d0-abf5-5a06343659b1

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TEIFELD A Q A Q Megan Wahtera has. Do you know the name of that account? I don't. In connection with what campaign, was that

account created? A Q A "The Heartbreak Kid." And why was it created? It was a situation where we wanted to market

to people that are sensitive to overt advertising. Q And why would the creation of a separate

account do that, achieve that goal? A Because there's very tech-savvy people that

can watch videos on YouTube and figure out if an IP -where an IP address comes from. And if it says

"Paramount Pictures," then they're aware that it's advertise -- that they're being advertised to. Q I'm not sure I follow. Could you explain what you mean by "tech-savvy people" figuring out IP addresses? A Well, if we're posting a video that, you

know, we want -- we want it to look like a user created it to make it more susceptible for someone to click on it and watch it, then we don't necessarily want them to see right away that it's coming from

DAVID FELDMAN WORLDWIDE, INC.
805 Third Avenue, New York, New York 10022 [phone]

84c58394-f1ea-41d0-abf5-5a06343659b1

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TEIFELD Paramount so that they don't feel like it's part of a marketing strategy. Q Does that mean that you would use a user name

that, unlike Paraccount, didn't have the possibility of evoking Paramount Pictures? A Q Possibly, yes. Are there other steps that Paramount would

take to disguise the origins of the video? A Q I wouldn't say we disguised it. You testified that -- that certain users

wouldn't want to watch videos if they knew they came from Paramount. A Q Uh-huh. Other than using a user name that didn't

evoke Paramount to achieve that purpose, were any other steps taken towards that end? A Q A Q earlier. Did you mean to say that sometimes you didn't upload them from a Paramount-owned IP address? A Yes. I don't recall specifically. You mentioned IP addresses -Uh-huh. -- in connection with -- with your answer

DAVID FELDMAN WORLDWIDE, INC.
805 Third Avenue, New York, New York 10022 [phone]

84c58394-f1ea-41d0-abf5-5a06343659b1