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

Filing 374

DECLARATION of Scott B. Wilkens in Support re: 367 Reply Memorandum of Law in Support of Motion,,. 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)(Kohlmann, Susan)

Subject to Protective Order ­ HIGHLY CONFIDENTIAL Includes RESTRICTED Attachment 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, ) ) v. ) ) YOUTUBE INC., YOUTUBE, LLC, and ) GOOGLE, INC., ) ) Defendants. ) ) __________________________________________) I, Scott B. Wilkens, hereby declare as follows: 1. I am a partner with the law firm Jenner & Block LLP and represent the plaintiffs

Case No. 1:07-cv-02103 (LLS) (Related Case No. 1:07-cv-03582 (LLS)) ECF Case DECLARATION OF SCOTT B. WILKENS IN SUPPORT OF VIACOM'S REPLY IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT

("Viacom") in the above-captioned action. I submit this declaration in support of Viacom's Reply Memorandum of Law in Support of Viacom's Motion for Partial Summary Judgment. Attached to this declaration are Exhibits referenced in Viacom's Reply Memorandum of Law, Viacom's Reply to Defendants Counterstatement, and Viacom's Evidentiary Objections, filed herewith. I make this declaration based on personal knowledge, except where otherwise noted herein.

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Subject to Protective Order ­ HIGHLY CONFIDENTIAL Includes RESTRICTED Attachment Documents Produced by Defendants 2. The documents listed below in paragraphs 3 through 6 are true and correct copies

of documents produced by Defendants in this action, and accordingly are marked by Defendants with a Bates number beginning with the prefix "GOO001-". 3. Attached as Exhibit 1 is a true and correct copy of a document produced by

Defendants marked with the Bates number GOO001-00932647. 4. Attached as Exhibit 2 is a true and correct copy of an email exchange produced by

Defendants marked with the Bates number GOO001-01156431. 5. Attached as Exhibit 3 is a true and correct copy of an email exchange produced by

Defendants marked with the Bates number range GOO001-02062883-89. 6. Attached as Exhibit 4 is a true and correct copy of an email exchange produced by

Defendants marked with the Bates number range GOO001-06519634-38.

Instant Message Transcripts Produced by Defendants 7. Attached as Exhibit 5 is a true and correct copy of an instant message transcript

produced by Defendants marked with the Bates number range GOO001-02703870-80. The transcript produced by Defendants is preceded by a readable version generated in the manner described in the Declaration of William M. Hohengarten, filed March 5, 2010, at ¶¶ 202-203.

Documents Produced by Viacom 8. The documents listed below in paragraphs 9 through 10 are true and correct

copies of documents produced by Viacom in this action, and accordingly are marked with Bates numbers beginning with the prefix "VIA."

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Subject to Protective Order ­ HIGHLY CONFIDENTIAL Includes RESTRICTED Attachment 9. Attached as Exhibit 6 is a true and correct excerpt of a document produced by

Viacom marked with the Bates number range VIA15483433-34. This document was introduced as Exhibit 11 at the deposition of Victoria Libin. 10. Attached as Exhibit 7 is a true and correct calendar entry produced by Viacom

marked with the Bates number VIA16560177.

Documents Produced by Third Party Audible Magic 11. In response to a subpoena issued by Viacom in this action on April 16, 2008,

third-party Audible Magic produced documents marked with Bates numbers beginning with the prefix "AM." 12. Attached as Exhibit 8 is a true and correct copy of an email exchange produced by

third party Audible Magic marked with the Bates number range AM001386-90, and true and correct copies of associated email attachments produced by Defendants marked with the Bates numbers AM001389 and AM001390. This email exchange was introduced as Exhibit 7 at the 30(b)(6) deposition of David King and as Exhibit 19 at the deposition of Vance Ikezoye.

Documents Produced by Third Party MPAA 13. In response to a subpoena issued by Viacom in this action on April 16, 2008, third

party MPAA produced documents marked with Bates numbers beginning with the prefix "MPAA." 14. Attached as Exhibit 9 is a true and correct copy of an email exchange produced by

Defendants marked with the Bates number range MPAA012833-35. This email exchange was introduced as Exhibit 10 at the deposition of Dean Garfield.

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Subject to Protective Order ­ HIGHLY CONFIDENTIAL Includes RESTRICTED Attachment

Deposition Transcripts From This Action 15. Attached as Exhibit 10 are true and correct copies of excerpts from the transcript

of the deposition of Dean Garfield taken on November 2, 2009. 16. Attached as Exhibit 11 are true and correct copies of excerpts from the transcript

of the deposition of Lee L'Archevesque taken on February 18, 2010. 17. Attached as Exhibit 12 are true and correct copies of excerpts from the transcript

of the deposition of Kent Walker taken on December 17, 2009.

Other Documents 18. Attached as Exhibit 13 is a true and correct copy of an email exchange between

Kelly Klaus, counsel for the MPAA, and Bart Volkmer, counsel for Defendants, concerning the MPAA's Objections to Defendants' 30(b)(6) Deposition notice. 19. Attached as Exhibit 14 is a true and correct copy of a letter from Defendants to

the Court regarding Steve Chen. 20. Attached as Exhibit 15 is a true and correct copy of a New York Times article

dated February 3, 2007 titled "Viacom Tells YouTube: Hands Off," available at http://www.nytimes.com/2007/02/03/technology/03tube.html.

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