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

Filing 371

DECLARATION of ANDREW H. SCHAPIRO in Support re: 177 MOTION for Summary Judgment Regarding Applicability of the DMCA and on Plaintiffs' Inducement Claims.. Document filed by Youtube, Inc., Youtube, LLC, Google, Inc.. (Attachments: # 1 Exhibit 1 - 3, # 2 Exhibit 4 - 12, # 3 Exhibit 13 - 17, # 4 Exhibit 18 Part 1, # 5 Exhibit 18 Part 2, # 6 Exhibit 19 - 32, # 7 Exhibit 33 - 41, # 8 Exhibit 42 Part 1)(Schapiro, Andrew)

Schapiro Exhibit 4

Schapiro Exhibit 5

From: Date: To:

"Kim, Clara" [e-mail]~ Tue, 10 Oct 2006 14:00:49 -0400 "Hallie, Michelena" [e-mail]~, "Cheeks, George

Cc:

" [e-mail]~, 'West, joella" ..joella.West@ comedycentral.com~ "Shapiro, Andra" [e-mail]~, "Farrell, Steve " [e-mail]~, "Weinstein, Caleb" ..Caleb.
[e-mail]~, "Spina, Dario" [e-mail]~

Subject: Re: Youtube Bay Tsp Initial Analysis
Yes- as I said on the all hands call re: filtering week before last, Spike provides Youtube with clips to promote

varioius network initiatives. Youtube is a powerful marketing platform that most networks are using for promotion.
As far as i know, there is no formal agreement with youtube concerning the promotional clips, so we really need to reach out to our marketing/online people.
Steve + Daria, Do we have a list of

the clips we've given youtube? Can one be prepared?

CLARA

Sent from my BlackBerry Wireless Handheld -----Original Message-----

From: Halle, Michelena
To: Cheeks, George; Kim, Clara; West, joella CC: Shapiro, Andra Sent: Tue Oct 10 11:38:03 2006 Subject: RE: Youtube Bay Tsp Initial Analysis

-----Original Message----From: Cheeks, George Sent: Tuesday, October 10, 2006 11:24 AM To: Halle, Michelena; Kim, Clara; West, joella Cc: Shapiro, Andra Subject: RE: Youtube Bay Tsp Initial Analysis

i spoke to the VH1 senior mana

to you tube.

-----Original Message-----

From: Halle, Michelena
Sent: Tuesday, October 10, 2006 11:03 AM

To: Cheeks, George; Kim, Clara; West, joella
Cc: Shapiro, Andra Subject: Fw: Youtube Bay Tsp Initial Analysis

Hi guys. Any info on programs we've licensed to youtube? Thanks.

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VIA 11788422

-----Original Message----From: Hallie, Michelena
To: Cheeks, George; Kim, Clara; Shapiro, Andra; West, Joella CC: Matthews, Beth; Sussman, David Sent: Man Oct 09 09:20:082006 Subject: FW: Youtube Bay Tsp Initial Analysis

we need to identify any uploads of MTVN content onto youtube which we have authorized. It is my understanding that several such deals have been struck most probably through channel marketing and development groups. Please check within your channels and let us know as soon as possible today whether your group has authorized such postings, and a description of such authorized materiaL.

As always, call with any questions. Michelena
-----Original Message-----

From: Halle, Michelena
Sent: Friday, October 06,20067:15 PM To: Matthews, Beth; Norman, Christina; Toffer, Van; Zarghami, Cyma; Philips, Brian - CMT; Calderone, Tom; Ascheim, Tom; Herzog, Doug Cc: Sussman, David; Bakish, Robert; Fricklas, Michael; Cheeks, George; Kim, Clara; Shapiro, Andra; West, Joella; Browning, Nicole - MTVN; Ashendorf, Sandy - MTVN; Witt, Jason; Cahan, Adam; Cucci, John; Wolf, Michael; Simon, Joe; McGrath, Judy; Harrison, Blair - iFilm; Weinstein, Caleb; Kirshbaum Levy, Sarah; Eigendorf, Rich; Hurvitz, Lauren Subject: Re: Youtube Bay Tsp Initial Analysis

-----Original Message----From: Matthews, Beth

To: Norman, Christina; Toffer, Van; Zarghami, Cyma; Philips, Brian - CMT; Calderone, Tom; Ascheim, Tom; Herzog, Doug
CC: Halle, Michelena; Sussman, David; Bakish, Robert; Fricklas, Michael; Cheeks, George; Kim, Clara; Shapiro, Andra; West, Joella; Browning, Nicole - MTVN; Ashendorf, Sandy - MTVN; Witt, Jason; Cahan, Adam; Cucci, John; Wolf, Michael; Simon, Joe; McGrath, Judy; Harrison, Blair - iFilm; Weinstein, Caleb; Kirshbaum Levy, Sarah;

Highly Confidential

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And as always, call with any questions/thoughts/ieas.

Michelena Halle
Senior Vice President

Deputy General Counsel, Intellectual Propert MTV Networks, Business and Legal Affairs 1515 Broadway, 34th Floor New York, New York 10036

Highly Confidential

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Schapiro Exhibit 6

Page 1 o f 1

John Eddow From: Sent:
To:
Cc:

Allie Wester Monday, August 18,2008 2:27 Christy Wise

PM

Subject: "FanscapeVideosnAccount Disabled Hello,

I work for Fanscape, a new media marketing agency, and our "FanscapeVideos" YouTube ChannelIAccount was permanently disabled today. We work with M N (Viacom) on several of their shows and upload a lot of their content. We've had this problem before with some of our videos getting flagged by Viacom and not realizing we are an M N agency. However, this time, M N legal claims that they have no record of requesting our videos or channel be removed.
Everything on our channel has been legally provided for us by clients can you let me know if there is an issue or complaint Iam not aware of, and what steps we can take to get the account reactivated? Thank you, Allie Allie Wester Coordinator, Online Publicity & Promotions Fanscape, Inc. http:l/~~~.fansc.ap~co~ 360 N. La Uenega Blvd., 3rd FL Los Angela, CA 90048 T: 323.785.7786 1 F: 323.785.7101 AllieW@fanscape,com AIM:
This email and any allached fles contain confidential informallon and are inlended only lor the lndivldual or enllry named. If you are no1the n named addressee, you are noliried to no1 dissernina!e, d:sclose, pcnl, distribull or copy this e-ma.1and any such action in reliance ~ p c ine Informarlon contained herein is strictly pmhibiled. Please nolQ tho sender lmmed'ately by e-rnail if you have recelved lhis e-mail in enor an3 delete this e-mail from your system

-

CONFIDENTIAL
10/27/2008

Schapiro Exhibit 7

Subject:
From:
To:

Privileged and Confidential "Powell, Amy - Paramount" -:EX:/O=VIACOM/OU=PARAMOUNT/CN= RECIPIENTS/CN=POWELLAM:: Bordo, Sara - Paramount; Crowell, Megan - Paramount; Tipton, Kristina - Paramount; Warman, Bryan - Paramount; Worsnup, Mickey - Paramount; Wahtera, Megan - Paramount; Hu, Carolyn Paramount; Simard, Stephanie - Paramount; Springer, Geoffrey Paramount; Teifeld, Tamar - Paramount; Tipton, Kristina Fw: Variety stories:

Paramount
Cc:
Date: Wed, 07 Feb 2007 19:07:41 +0000

-----Original Message----From: Perry, Alfred - Paramount To: Powell, Amy - Paramount; Arkin, Michael- Paramount CC: Martin, Scott - Paramount; Pacacha, Margie - Paramount; '[e-mail]' -:[e-mail]:: Sent: Tue Feb 06 14:56:28 2007 Subject: FW: Variety stories:Privileged and Confidential

It's offciaL. Please continue to "place" authorized clips on YouTube, but make sure that prior to doing so BayTSP has received the user name/other identifiers necessary to detect and therefore not send notices for the authorized content. Please reach out to those with whom you work and make sure that they have the same understanding on how to proceed.
Thank you.

From: Martin, Scott - Paramount Sent: Tuesday, February 06, 2007 2:47 PM To: Perry, Alfred - Paramount; Morril, Mark; Hallie, Michelena Cc: Prentice, Rebecca - Paramount; Cahan, Adam; Fricklas, Michael Subject: RE: Variety stories:Privileged and Confidential

Redacted
for

Privilege

S

I Scott Martin I Executive Vice-President, Intellectual Propert I I Paramount Pictures Corporation i i 5555 Melrose Avenue i Lubitsch 324 I Hollywood, CA 90038 i I ( phone [phone] i & fax [phone] I

From: Perry, Alfred - Paramount Sent: Tuesday, February 06, 2007 2:38 PM To: Morril, Mark; Hallie, Michelena; Martin, Scott - Paramount Cc: Prentice, Rebecca - Paramount; Cahan, Adam; Fricklas, Michael Subject: RE: Variety stories:Privileged and Confidential Ok, we have the direction from Scott and Rebecca, which I think was discussed with Amy. Thanks, to alL.

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VIA11918326

Sent: Monday, February 05, 2007 6:48 AM To: Powell, Amy. Paramount

Cc: Heath Tyldesley/PPI/MP/ParamounLPictures@ParamounLPictures
Subject: Fw: Variety stories
Hi

Amy,

Good to see you last week.

Below is an article (scan down) on Youtube and Viacom's position.
Can you clarify Paramount's position on dealing with Youtube at a local level- are we able to work with them if we are using our own approved material - or is this a blanket ruling that we should not be dealing with Youtube at alL.

Kind regards

jon
----- Forwarded by jon Anderson/PPI/MP/ParamounLPictures on 05/02/2007 14:45 ---From:jaakko Niemela
05/02/2007 08:49

To: cc:

Subject: Variety stories
'Pursuit' shows Will power overseas 'Happyness' tops 'Museum,' 'Diamond' By DAVE MCNARY -:http://ww.variety.com/index.asp?layout=bio&peopleID=1508:: Showing the worldwide drawing power of Will Smith, "The Pursuit of Happyness" topped a healthy weekend at the

international box offce with $16 millon at 3,100 playdates in two dozen markets.
"The Pursuit of Happyness" beat "Night at the Museum" and "Blood Diamond" by more than $2 millon in a three-way battle for the top slot. The race would have been far closer had many Brit chains not banished "Museum" due to Fox's decision to shorten the DVD release window, but "Pursuit" would have likely still won. The frame also saw "Casino Royale" continue to mint money overseas, thanks mostly to a boffo Chinese launch, while "Dreamgirls" posted a decent Brit launch but stumbled in its German debut. "Pursuit" prevailed thanks to a combo of solid openings plus respectable holdover perfs as Sony took advantage of Smith's ongoing star power plus his Oscar nom. Best figures came from pic's second-place Spanish launch with $2.4 million at 286; its japanese soph sesh of $2.3 milion at 271, down 21%; its French launch of $2.2 milion at 322, losing narrowly to the "Blood Diamond" debut; and its German second weekend with $1.7 milion at 521, off 19%. "Pursuit" also opened respectably in Mexico with $ 1.3 milion at 300. Despite the Brit ban, "Night at the Museum" showed plenty of pop elsewhere with $13.5 millon at 4,500 in 50 markets, led by a socko first-place Italian launch of $4.7 milion at 536 and a solid Spanish soph sesh of $3.6 million at 481, down 34%. But Brit biz nearly vanished for "Museum," plunging 87% to $274,000 at 190 in its sixth weekend as the number of locations -- including many top destinations -- dropped from 458 in the previous frame. "Museum" stil managed to hit the $40 milion mark in U.K. grosses, the leading overseas market for a pic that's cumed $212 milion internationally and $438 millon worldwide. It was the first time in six seshes that "Night at the Museum" didn't top the foreign charts. Overall biz exceeded the same frame a year ago, when "Munich" led with $13.3 million. Warner's "Blood Diamond" continued to turn up solid rather than spectacular overseas returns with $13.2 million from

3,200 prints in 51 markets, led by its first-place French opening of $2.5 millon at 459.
"Blood Diamond," which opens next weekend in Mexico and Spain, has cumed $45.5 milion offshore and should go

well past the $54 millon domestic total.
Sony's study "Casino Royale" generated plenty of B.O. heat in its first six days in China with $6.9 million at 468, including $4 milion for the weekend as the first james Bond pic ever to play in that market. Weekend launch was the third best for a non-Chinese pic, trailing only those of ''The Da Vinci Code" and "Harry Potter and the Goblet of Fire." "Casino" has cumed $416.8 milion overseas and $582 milion worldwide -- No. 34 of all time. BVI kicked in an impressive launch in Germanic markets for local family comedy "Wild Bunch 4" with $5.5 million at

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700, including $4.7 milion at 600 in Germany, where it easily topped the "Saw II" opening with $3 millon at 439.
"Rocky Balboa" continued to punch in decent numbers with $5.4 milion at 2,300 in 21 territories, led by its third Brit frame with $1.7 milion and its French soph sesh of $1. milion. The sixth "Rocky" pic has grossed $47 millon overseas and $116 milion worldwide. With its eight Oscar noms, Paramount's "Dreamgirls" doubled its foreign gross with $4.7 millon at 1,188 in 11
markets, led by

a Brit launch of $2.5 milion at 271.

"Babel," with seven Oscar noms, remained an international contributor with $3.6 milion at 1,126 to lift foreign cume to nearly $59 milion. Fox's Brit launch of "Notes on a Scandal," with Oscar noms for Cate Blanchett and Judi Dench, nearly matched "Dreamgirls" with $2.3 milion at 300 in its first foreign outing. And its 'The Last King of Scotland" pulled in $1.4 millon at 378 in 15 markets to push foreign gross to $8.3 million.

Warner's "The Departed" continued to shake down more foreign coin with $1.8 millon at 1,200 in 31 markets for a
foreign cume of $142.4 milion and a worldwide total of $271 milion. Fox saw "Apocalypto" grab $3.1 milion at 600, led by a South Korean launch of $1 millon at 157, while Warner's "Happy Feet" kicked up $2.8 milion at 2,700 for a foreign total of $165.2 millon. BVI's "Deja Vu" materialized with $2.5 million at 1,857 to cross the $100 million foreign mark -- the 11th Jerry Bruckheimer film to hit the milestone for
BVI.

Scorsese wins at DGA Awards 'Departed' director takes Feature Film prize Martin Scorsese has scored the top feature award from the Directors Guild of America for his work on Warner Bros.'

gangster thriler "The Departed."
It was the first victory in seven DGA nominations for Scorsese, who topped Alejandro Gonzalez Inarritu for "Babel," Bill Condon for "Dreamgirls," Jonathan Dayton and Valerie Faris for "Little Miss Sunshine" and Stephen Frears for "The Queen." "i just wanted to make a good film and people would go see it and enjopy the fim and God wiling I'd get another picture and that's it," Scorsese told the audience of about 1,000 at the Centiury Plaza HoteL. "i did not think I'd be standing here tonight, i'll tel you that." The award, presented by Steven Spielberg on Saturday night in ceremonies at the Century Plaza Hotel, places Scorsese as a front-runner for the Best Director Oscar. The DGA winner, based on voting by 13,400 Guild members, has matched the Oscar winner in 52 of its 58 awards, including last year when Ang Lee won both for "Brokeback Mountain." In his acceptance speech, Scorsese paid tribute to genre film directors such as Don Seigel, Samuel Fuller, Anthony Mann and Robert Aldrich. And he noted that the grosses were especially strong in such organized crime centers as Las Vegas and Boca Raton, Fla. Scorsese now faces Frears and Inarritu for the Oscar along with Clint Eastwood for "Letters From Iwo Jima" and Paul Greengrass for "United 93." It's his sixth Oscar directing nomination along with "Raging Bull," 'The Last Temptation of Christ," "Good Fellas" "Gangs of New York" and "The Aviator." "The Departed" has taken in the highest gross among the nominated films with $127 milion domestically and nearly $270 milion worldwide. Scorsese won the Golden Globe for Best director three weeks ago; since then, "Little Miss Sunshine" won both the top feature fim awards from the PGA and SAG. Scorsese's previous DGA nominations were for "The Aviator," "Gangs of New York," "The Age of Innocence," "Goodfellas," "Raging Bull" and "Taxi Driver." He won the DGA's Lifetime Achievement Award in 2003. Richard Shepard won the DGA trophy for comedy series for ABC's pilot of "Ugly Bett" and Jon Cassar won the drama series award for Fox's "24." Rob Marshall took the musical variety award for NBC's "Tony Bennett: An American Classic" and Walter Hil won for TV movies for AMC's "Broken Trail." Marshall won the DGA feature award four years ago for "Chicago" while Hil won the drama award two years ago for the "Deadwood pilot." Lithuianian fimmakter Arunas Matelis won for feature documentary award for "Before Flying Back to the Earth," centered on children hospitalized with leukemia, topping Oscar nominees, "Deliver Us From Evil" and "Iraq in Fragments."
YouTube to remove Viacom clips Conglom wants over lOOK videos taken down By BEN FRITZ -:http://ww.variety.com/index.asp?layout=bio&peopleID=1372:: The simmering tension between Hollywood and the new Google/YouTube combination exploded on Friday as Viacom demanded that the viral video giant take down every single clip of its copyrighted content after talks about a

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revenue sharing and distribution deal between the two companies broke down. likely be a long process as Viacom identified more than 100,000 clips from MTV, Comedy Central, BET, Paramount, and its other properties. After more than a year of tolerating huge amounts of its content being ilegally uploaded onto the site, Viacom is now issuing the massive legal takedown notice in an attempt to pressure Google and YouTube to bend its way in negotiations. Thus far, companies have been unable to reach terms on a formula to give Viacom a porton of the advertising money generated by its clips. Conglom also expressed frustration that YouTube has not yet fully implemented a long-promised content identification system that would allow it to identify and automatically delete copyrighted clips, or let media partners share in the revenue from ads around the content they own, regardless of who posted it. Viacom apparently concluded that private talks wouldn't go its way and took the dispute public, issuing a hostile
YouTube said it will comply with the request, though it wil public state lent saying that Google and YouTube are "unwillng to come to a fair market agreement that would make Viacom content available to YouTube users."

While no other congloms are currently joining Viacom, all are in some stage of active negotiations with YouTube and many are also believed to be frustrated by their inability to reach a deaL.

All are hoping to get a big payout from YouTube's new owner, Google, which bought the website for $1.65 bilion last
falL. Search giant ended 2006 with nearly $4 billion cash and has a market cap of close to $ 150 bilion.

In the meantime, however, all are passively allowing YouTube to keep up many clips oftheir content. By not issuing
down notices, as Viacom did, they're demonstrating they think the video site has some promotional value, or that they don't want to alienate its users. Viacom previously had the same strategy. Even in October, when it asked the Netco to take down only about 10,000 of the longest clips of its shows, it allowed tens of thousands of shorter ones to stay online. News Corp., which has its own Web properties like MySpace and isn't as dependent on YouTube to distribute its content online, also hasn't been getting along well with the video site recently. Last week it demanded that YouTube not only take down episodes of "24" and ''The Simp sons," but identify the users who uploaded them. If other traditional media companies aren't able to find common ground to forge an agreement with Google and YouTube, then there wil likely be more public disputes and takedown requests. In a worse case scenario, there could potentially be copyright infringement lawsuits, like those Universal Music already filed againt video websites Grouper and Bolt.com. "With the News Corp. issue and now this, you're seeing the first sparks of something that could ignite in the future," IDC research manager Rachel Happe said. Several big media congloms have also been talking about launching a YouTube competitor with all of their content pooled together. But insiders say that while the talks aren't dead, it's unlikely there wil be an agreement anytime
take

soon.
CBS is the only network to have pacted with YouTube, along with record labels Universal, Warner, and Sony BMG. However, all four agreements, reached in the fall, included YouTube rolling out the content identification system as a key provision. Though it was promised by the end of last year, YouTube is stil working on deploying it. "Content identification architecture is not one single component, but rather a collection of tools for our partners, some of which are already in use," YouTube co-founder Chad Hurley told Daily Variety in a statement. "We wil continue to evolve these tools and roll out additional components over time." Big media execs have been increasingly friendly toward websites that are earning money off their content, recognizing that ignoring or attacking them could alienate young consumers. In fact, Viacom itself even pacted with Google Video last summer for a test of an ad-supported video syndication

service.
But it was clear that the seas between Hollywood and Silicon Valley may be getting choppy again in the two companies' public statements issued on Friday. "Filtering tools promised repeatedly by YouTube and Google have not been put in place, and they continue to host and stream vast amounts of unauthorized video," Sumner Redstone-led conglom said. "YouTube and Google retain all of the revenue generated from this practice, without extending fair compensation to the people who have expended all of the effort and cost to create it." By the afternoon, YouTube shot back that "It's unfortunate that Viacom will no longer be able to benefit from YouTube's passionate audience which has helped to promote many of Viacom's shows." Conglom noted that it has a broad array of Web properties that feature its content. However, none match the availability and ease-of-use of YouTube. MTV-owned IFilm, for instance, legally posts full episodes of shows like "The Colbert Report" and "Laguna Beach," but doesn't have nearly as many clips. In addition, YouTube users often cut up episodes to show only the exact

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moments that are most popular.

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Schapiro Exhibit 8

Schapiro Exhibit 9

Schapiro Exhibit 10

Subject: RE: disturbia / paris
From:
To: Cc:

"Tipton, Kristina - Paramount" c:EX:/O=VIACOM/OU=PARAMOUNT/CN= RECIPIENTS/CN= TIPTONKR;: Powell, Amy - Paramount

Teifeld, Tamar - Paramount; Wahtera, Megan - Paramount; Simard,
Stephanie - Paramount; Chiang, Cat - Paramount; Bonnici, Kyle -

Paramount
Date:
Hi

Tue, 12 Jun 200700:08:37 +0000

Amy,

Kyle has uploaded and fostered the Paris Hilton Disturbia video on a handful of viral video sites (using email & account that can't be traced back to Paramount) by posting comments and video responses on existing, popular Paris Hilton videos ranging from around lOOK views to 2.5M views.

The video on YouTube has over 250 views, but has a poor rating (1 star). i'll rally internal support to get the rating up higher.
Paris Hilton Disturbia Video Outreach:
Links:

YouTube
ww.YouTube.com/watch ?v=c-A8i73110A

Rewer
http://one.rewer.com/Watch/2 98190
Break

(stil uploading)

Clewer
http:/lViralvideo.clewer.comlVideo/928f120b-92aa-496e-9ge 1-994a013182 d2 .htm

AtomFilms.com
http://uploads.atomfims.com/clip.aspx?key=ECC C EE9BD8798697

Veoh http://w.veoh.comlVideoDetails.html?v=v614 725 NJYFwAsM
In 2 Hours time, the video received more than 200 views.

Promotion of video on numerous other highly rated Paris Hilton jail videos through text comments such as the following:

CHECK OUT THIS HOT PARIS HOUSE ARREST VIDEO AT YouTube(dot)com/Watch?v=c-A8i73110A
Links to Other Paris Hilton Videos:

http://w.youtube.com/watch ?v=k66epna2Sss
http://w.youtube.com/watch ?v=CJ- L v69 3 04

http://Youtube.com/Watch ?v=4yj RLrZfln8

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http://youtube.com/Watch?v=14nMdSOJrtO
http://Youtube.com/Watch ?v=NM-h6Df3 Km E

http:l/Youtube.com/Watch?v=IKJzFTptbyY

http://youtube.com/Watch?v=FHKAsjDHpPM
Let us know if you have any questions.

Thanks!
Kristina Tipton
Interactive Marketing
Paramount Pictures

323-956-8453

From: Teifeld, Tamar - Paramount Sent: Monday, June 11, 2007 9:58 AM To: Tipton, Kristina - Paramount Subject: FW: disturbia / paris

From: Powell, Amy - Paramount Sent: Monday, June 11, 20078:25 AM To: Wahtera, Megan - Paramount; Simard, Stephanie - Paramount; Chiang, Cat - Paramount; Teifeld, Tamar -

Paramount Subject: RE: disturbia / paris
should definitely not be associated with the studio- should appear as if a fan created and posted it.

From: Wahtera, Megan - Paramount Sent: Mon 6/11/2007 7:34 AM To: Powell, Amy - Paramount; Simard, Stephanie - Paramount; Chiang, Cat - Paramount; Teifeld, Tamar - Paramount Subject: RE: disturbia / paris

hi amywe will definitely get this posted. we assume you want kt/tt to go out to webmasters, plus for us to upload to viral video sites.

for viral video sites - can you confirm you want us to post from random accnts that are not paramount related?

thanks! megan
-----Original Message----From: Powell, Amy - Paramount Sent: Sun 6/10/20074:56 PM

CONFIDENTIAL

VIA00346038

To: Simard, Stephanie - Paramount; Wahtera, Megan - Paramount; Chiang, Cat - Paramount; Teifeld, Tamar -

Paramount
Su bject: distu rbia / paris
see below... can you guys get this posted? it's funny.

From: Sauter, Jeremy - Paramount Sent: Fri 6/8/2007 7:00 PM To: Powell, Amy - Paramount; Rich, Gerry - Paramount; Waldman, David - Paramount; Vollman, Michael - Paramount

Subject: Fw: Posted
AmyWant to post this?

J-

Jeremy Sauter
Paramount Pictures

----- Original Message ----From: Mark Lipsky c:[e-mail];: To: Sauter, Jeremy - Paramount Sent: Fri Jun 08 18:56:45 2007

Subject: Posted
Jeremy,
We have posted Disturbia "Paris" :30 V.1 to our website. I have listed log in information below.
Once you log in you wil come to a page with a Disturbia Icon on it and it will bring you to another page with a fie tree on the left hand side. Click the top file that will say Disturbia. This will bring you to another page with a thumbnail in the center of the page. To download the spot option click the download icon below the thumbnaiL. If you want to watch the spot on the website click the thumbnail then click the click here to play icon and wait for them to load. Give me a call with any questions.
Mark
link: http://secure.wiredrive.com/c1ients/budd hajo ne strailersfwd/fold e r /55 341/1ist

username: ankle

password_

CONFIDENTIAL

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Schapiro Exhibit 11

Hello everyone,

Here are the notes from today's marketing meeting. Please let me know if you have any questions.

Thanks!
Liza

Marketing Meeting Minutes
September 19, 2007

New Projects (Taylor, Kahner):

* Honda Battle of the Bands (9/24 - 10/29)
* Event happens in GA every January. Never been a DVD in the past but there has been such a high demand in the past. This DVD has footage from January 2006 event. * Client's goal to sell 30,000 DVDs. * Working in conjunction with Flowers Communications (w/ Ron Childs). * Campaign components: Online publicity, Promotions, and Grassroots

Corning Up (Kahner):
* Ignited/Bleach (10/1 - 10/31)

--)0 Video game. Also on Adult Swim. Anime.
--)0 Video game release date: October 9th

--)0 4 weeks of grassroots. Also a Dedicated Email slated to be sent on October 9th (game release day)

* NBClTalent Scout (TBD) - more info to come later

Highly Confidential - Attorneys Eyes Only

FS048711

Partner Update (Christy, My-Ian, Michelle):

Funny Or Die http://www.funnyordie.com/(Christy)
* Traffic: 775k (NetRatings), 1.8 million (Ouantcast), 500k (Compete) . Video upload site. Will Ferrell is co-owner. Infamous for Landlord Pearl video.

. Celebrities and comedies upload their videos to site. Now site wants more access to musicians and this is where
we come in. . Will write skits, film, edit, and produce everything. We just need to bring the artist to them . Corning Up: MTV, Fall Out Boy

--)0 will be the first one from us. Premise = fake press release where they will only ask questions about Ashlee Simpson. Will also have MTV tie-in. Rap Superstars interview FOB asking them what it's like growing up in
the 'hood.

. Early pitch to Bon Jovi. Premise = Jon Bon Jovi walks around reciting lyrics to his songs. . They will allow us to do any promotion as long as there is a celebrity tie-in. Ex. Will not do Jig-A-Loo promo sans

celebrity factor
. Please come to Christy if you have artists/clients in mind for this partnership

XXL Magazine http://www.xxlmag.com/(Ben)

. Traffic: 102k (NetRatings), 326k (Ouantcast), 190k (Compete)
. New contest partner. Will be working our Vegoose promotion. Rotating contest on their front page. Contest went live this morning . Hip-hop audience. Male leaning demographic. . Better than Source or Vi be magazines * They have a new marketing director who is great.

Snorg Tee's http://www.snorgtees.com/(Michelle)

* Traffc: 200k (NetRatings), 240k (Ouantcast), 175k (Compete)
* T-shirt company. Somewhat similar to Threadless. Their shirts are the ones with weird slogans/phrases from movies, television, and popular culture. . Early discussions. They have never done promotions or anything new before so they are a bit nervous. They haven't really known what to do with site since it has blown up. * Company started by 4 guys right out of college 4 years ago. Site is very basic. Lots of potential for us to do promo. . They have a newsletter (no stats on this yet) but it is pretty bland. Lots of room for us to work with this newsletter, too. . Demographic = college student . Pitched The Honorary Title. More pitches to come. Please speak to Michelle if you have any ideas

Publicity Update (My-Ian):

MTV Leak: Celebrity Rap Superstar

. Perez Hilton threw a temper tantrum and MTV wanted the world to know about it . "Leaked" video clip uploaded to IFILM and YouTube
--)0 covert operation. Noone can know that Fanscape or MTV is involved in this.
--)0 My-Ian emailed gossip blogs with fake email address (gossipgirI40).

Highly Confidential - Attorneys Eyes Only

FS048712

* Not many sites picked it up except the smaller blogs (who pick up anything thrown their way) * TMZ picked up video but put it up on their media player, not our YouTube link. Same with iFllm.
* By Saturday midnight there were 1,000 views on YouTube (that My-Ian put up)

* Gawker put up leak #2 yesterday at 1 pm and today there have been 7,000 views
* We should Digg the video. Also, should use Tube Mogul from start to be able to track views everywhere

* Is this against WOMMA? Room feels WOMMA doesn't apply because this is the PR/gossip blog world and stunts/leaks/tips happen all the time. * Huge success with leaks for MTV. MTV will most likely do this more often. Our publicity team can only benefit from learning experience. See what works and what doesn't.
Media Update (Lisa)

Fanscape Survey: Mobile

* Results from a brief survey. Asked people whether or not they would be interested in receiving an EMAIL newsletter vs. newsletter on their CELL PHONES (about the latest mobile tech and promotions)
--)0 Almost 50% prefer email to mobile

--)0 Almost 75% said they were NOT interested in newsletters on their cells

* What's it all mean?
--)0 we should insert mobile info into newsletters.

--)0 people are still afraid of giving out their mobile number due to unexpected charges and the like. Odd because mobile technology is gettng better. Stigma still lingers.
--)0 maybe reassure people that they will not get charged crazy fees. Also give them free prize for participating? I

Fanscape stats

* Traffic analysis data report ....
* August 1 = 1 million in our database * Fanscape newsletter open rate = 8.4% * Dedicated email open rate = 23% * Industry average for newsletter open rates = 8% * Fanscape.com views for August = 160,820 * Contests page views = 19,990 * Blog page views = 5,000 (up from 815 views in May). Should update blog regularly with compelling content to continue to drive traffic * Fanfeeds = 1.37 million views. Not sure which fan feed is getting most views. * Please ask Lisa Jenkins for more info regarding stats. * JP and Lisa are working on benchmark grid for more conclusive data to compare to. More authority to our

numbers.

Highly Confidential - Attorneys Eyes Only

FS048713

Liza Patriana
Coordinator, Marketing
Fanscape, Inc.

3201 W. Cahuenga Blvd. Los Angeles, CA 90068

p: 323 785 7758
f: 323 785 7101

email: [e-mail]
aim:

www.fanscape.com
www.fanscape.com/blog

This email and any attached files contain confidential information and are intended only for the individual or entity named. If you are not the named addressee, you are notified to not disseminate, disclose, print, distribute or copy this e-mail and any such action in reliance upon the information contained herein is strictly prohibited. Please notify the sender immediately bye-mail if you have received this e-mail in error and delete this e-mail from your system.

Highly Confidential - Attorneys Eyes Only

FS048714

Marketing Meeting Minutes
September 19, 2007

New Projects (Taylor, Kahner): o Honda Battle of the Bands (9/24 - 10/29)

o Event happens in GA every January. Never been a DVD in the past but there has been
such a high demand in the past. This DVD has footage from January 2006 event.
o Client's goal to sell 30,000 DVDs.

o Working in conjunction with Flowers Communications (w/ Ron Childs). o Campaign components: Online publicity, Promotions, and Grassroots

Coming Up (Kahner):
o Ignited/Bleach (10/1 - 10/31)

~ Video game. Also on Adult Swim. Anime. ~ Video game release date: October 9th ~ 4 weeks of grassroots. Also a Dedicated Email slated to be sent on October 9th
o NBC/Talent Scout (TBD) - more info to come later
(game release day)

Partner Update (Christy, My-Ian, Michelle):
Funny Or Die http://www.funnyordie.com/(Christy)
o Traffic: 775k (NetRatings), 1.8 million (Quantcast), 500k (Compete)

o Video upload site. Will Ferrell is co-owner. Infamous for Landlord Pearl video.

o Celebrities and comedies upload their videos to site. Now site wants more access to
musicians and this is where we corne in.
o Will write skits, film, edit, and produce everything. We just need to bring the artist to them

o Corning Up: MTV, Fall Out Boy

~ will be the first one from us. Premise = fake press release where they will only ask
questions about Ashlee Simpson. Will also have MTV tie-in. Rap Superstars interview FOB asking them what it's like growing up in the 'hood.

o Early pitch to Bon Jovi. Premise = Jon Bon Jovi walks around reciting lyrics to his songs.
o They will allow us to do any promotion as long as there is a celebrity tie-in. Ex. Will not do Jig-A-Loo promo sans celebrity factor o Please corne to Christy if you have artists/clients in mind for this partnership

XXL Magazine http://www.xxlmag.com/(Ben)
o Traffic: 1 02k (NetRatings), 326k (Quantcast), 190k (Compete)

o New contest partner. Will be working our Vegoose promotion. Rotating contest on their front page. Contest went live this morning
o Hip-hop audience. Male leaning demographic. o Better than Source or Vibe magazines

o They have a new marketing director who is great.

Snorg Tee's http://ww.snorgtees.com/(Michelle)
o Traffic: 200k (NetRatings), 240k (Quantcast), 175k (Compete)

o T-shirt company. Somewhat similar to Threadless. Their shirts are the ones with weird slogans/phrases from movies, television, and popular culture.
o Early discussions. They have never done promotions or anything new before so they

are a bit nervous. They haven't really known what to do with site since it has blown up. o Company started by 4 guys right out of college 4 years ago. Site is very basic. Lots of potential for us to do promo. o They have a newsletter (no stats on this yet) but it is pretty bland. Lots of room for us to work with this newsletter, too. o Demographic = college student

Highly Confidential - Attorneys Eyes Only

FS048715

o Pitched The Honorary Title. More pitches to come. Please speak to Michelle if you have

any ideas
Publicity Update (My-Ian):

MTV Leak: Celebrity Rap Superstar
o Perez Hilton threw a temper tantrum and MTV wanted the world to know about it o "Leaked" video clip uploaded to IFILM and YouTube

~ covert operation. Noone can know that Fanscape or MTV is involved in this.

~ My-Ian emailed gossip blogs with fake email address (gossipgirI40).
. Not many sites picked it up except the smaller blogs (who pick up anything thrown their way) . TMZ picked up video but put it up on their media player, not our YouTube link. Same with iFllm.
. By Saturday midnight there were 1,000 views on YouTube (that My-Ian
put up)

. Gawker put up leak #2 yesterday at 1 pm and today there have been
7,000 views

. We should Digg the video. Also, should use Tube Mogul from start to be able to track views everyhere . Is this against WOMMA? Room feels WOMMA doesn't apply because this is the PR/gossip blog world and stunts/leaks/tips happen all the time. . Huge success with leaks for MTV. MTV will most likely do this more often. Our publicity team can only benefi from learning experience. See what works and what doesn't. Media Update (Lisa) Fanscape Survey: Mobile
o Results from a brief survey. Asked people whether or not they would be interested in

receiving an EMAIL newsletter vs. newsletter on their CELL PHONES (about the latest mobile tech and promotions) ~ Almost 50% prefer email to mobile

~ Almost 75% said they were NOT interested in newsletters on their cells
o What's it all mean?

~ we should insert mobile info into newsletters. ~ people are still afraid of giving out their mobile number due to unexpected charges and the like. Odd because mobile technology is getting better. Stigma still lingers. ~ maybe reassure people that they will not get charged crazy fees. Also give them free prize for participating?

Fanscape stats
. Traffic analysis data report

. August 1 = 1 million in our database

. Fanscape newsletter open rate = 8.4% . Dedicated email open rate = 23%
o Industry average for newsletter open rates = 8%

. Fanscape.com views for August = 160,820 . Contests page views = 19,990
. Blog page views = 5,000 (up from 815 views in May). Should update blog regularly with

compelling content to continue to drive traffic
. Fanfeeds = 1.37 million views. Not sure which fanfeed is getting most views.
. Please ask Lisa Jenkins for more info regarding stats.

. JP and Lisa are working on benchmark grid for more conclusive data to compare to.

More authority to our numbers.

Highly Confidential - Attorneys Eyes Only

FS048716

Schapiro Exhibit 12

Hi AII-

The leaked Perez video received a lot of initial pick-up from the TMZ feature on Friday. However the video truly went viral this weekend before it was removed from YouTube. According to my Google search, it was listed as one of the top viewed videos on YouTube on Friday night. I believe the video may have been featured on YouTube's homepage as well because there was a tremendous spike in traffic Saturday night. From the email account I used (GossipGirI40) to upload the video I received over a 1,000 comments between Saturday and Sunday and I'm sure tons of views. Unfortunately I can't provide a screenshot since the page was removed.

Most of the comments were mild, commenting on how crazy and diva-ish Perez Hilton has become.

Since the removal, another YouTube-er has re-pcsted the behind the scenes video, so the video continues to stay viraL. i think the video was an incredible assets in keeping 'buzz' going on the show, i would recommend that in the teature we leak during the week to better track its spread-especially it choose to use YouTube where

Viacom material will be removed.

My-Ian Beauford Mgr. Publicity & Promotions
Fanscape, Inc.

3201 W. Cahuenga Blvd. Los Angeles, CA 90068 T: 323.785.7781 F: 323.785.7101

http://www.fanscape.com/blog

[e-mail]
This email and any attached files contain confidential information and are intended only for the individual or entity named. If you are not the named addressee, you are notified 10 not disseminate, disclose, prin1, distribute or copy this e~mail and any such action in relíance upon the information contained herein Îs strictly prohibited, Please no1ify the sender immediately bye-mail if you have received this e-mail in error and delete this e-mail from your system

IM:_

Google Search shows YouTube Most viewed videos

http://blogsearch. google .com/blogsearch?h I=en &session=t UK v Z45y25ibdr BN5 jR 0 L 7 p8zrqyi Cm427qFtcwv aG4xO T tSkW VNu PuewKao YYWu3 Cjnx f nX w PvtkOeb01 ZIwG3dO B GS B B DG PZM WV2fm WraBOWas815 .kU L YN5q TF G C Hqcb Y s IsybC bhN 4yt2 GrG T vCg UA E wOj Kbj3 Lm j VMfP MjTj DOr3u Hx910dFV OV87y W 8 Lpk U7vg YwLs D TkP soZTBV E &ie= U TF8&q= Youtube+Perez+hilton

Leak Placements

TMZ http://www.tmz.com!
News mention on homepage

Site trallic: 7,107,000 unique visitors per month
http://www.tmz.com/
http://www.tmz.com/2 007 /09/14/perez-and-shar - in-cele brity- rap- superstar -drama!

Stupid Celebrities http://stupidcelebrities.net

News mention on homepage
Site 1raffic: 10,000 unique visitors per month

http://s1upidcelebrities ,net

Highly Confidential - Attorneys Eyes Only

FS008462

http://stupidcelebrities .net/2007/09/15/perez -hilton/

To Clips http://www.toclips.com

Leaked video Site traffc: 10,000 unique visitors per month
http://www.toclps.com/index . php/perez-hi Iton-freaki ng-out/

The Human Meat Market http://www.phuckqu.com/
Leaked video news mention Site traffic: 10,000 unique visitors per month

http://www.phuckqu.com/blog/blog_view . php"entrLid= 13537& user _id= 1

Mad Hollywood http://www.madhollywood.com
Leaked video news mention Site traffic: 10,000 unique visitors per month

http://www.madhollywood.com/2007/09/14/perez -shar-in-celebrity- rap-supers tar -drama!

BruMedia http://movies.brumedia,com Leaked video news mention

Site traffic: 10,000 unique visitors per month
http:!¡movies.brumedia.com!2 0 07/09J14/pere z -shar~ in-celebrity-rap-superstar-dra m a -tmzcom!

Celebrity Blogs http://www.blixblogs.net/
Leaked video news mention

Site trallic: 10,000 unique visitors per month
http://www.blixblogs.net/2007/09/14/perez -cel ebrity-rap-superstar -drama!

Love is Shit http://love-is-shit.blogspot.com
Leaked video news mention

Site traffic: 10,000 unique visitors per month

http://love-is-shi1.blogspot.com/2007/09/in-rap-shar-perez-drama-superstar.html

Celebrtiy News 24-7 http://www.celebritynews24-7.com/
Leaked video news mention

Site traffic: 10,000 unique vÎsitors per month
ht1p ://www.celebritynews24-7.com/perez - shar - in-celebrity-rap- su perstar-d ramal

Lauren Jessop Modeling http://www.laurenjessop.com/
Leaked video news mention

Site traffic: 10,000 unique visitors per month
http://www ,Iaurenjesso p. co mlmodeli ng-blog/2007/09/14/perez -shar - in-cele brity-rap-su perstar -dram a/

Celebrity Gossip Videos http://celebrities.video-sponge.com
Leaked video news mention

Site tratlic: 10,000 unique visitors per month
http://celebritíes.video~sponge.com/view/5424-perez-hilton-freaking-out.html

UmmYeah http://ummyeah.com

Leaked video news mention

Site trallic: 10,000 unique visitors per month

Highly Confidential - Attorneys Eyes Only

FS008463

http://ummyeah.com/page/Perez_Hilian_Freaking_Out

TO Gawp http://1ogawp.com/
Leaked video news mention

Site lrallic: 10,000 unique visitors per month
http://togawp.com/entry/perez-hilton-treaking-out-mlc-celebrity-rap-supers1ar-092007/

Video Walrus ht1p:l/videowalrus.com/
Leaked video news meniion

Si1e trallic: 10,000 unique visitors per month
http://videowalrus.comfperez -hiI1on- frea ki ng-outl

iFilm ht1p:l/www.ifilm.com/
Leaked video on homepage

Siie iraffic: 2.4 million unique visitors per month
http://www.ifilm.comf

Video Upload:

YouTube http://www.youtube.com/

Leaked video
ht1p ://www.youtube.com/watch?v=N3N G 3 NF uvs Y

IFILM Iittp://www.ililm.com
Leaked video

http://www.ililm.com/profi le/gossi pgirl40

Highly Confidential - Attorneys Eyes Only

FS008464

Highly Confidential - Attorneys Eyes Only

FS008465