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

Filing 380

DECLARATION of MICHAEL RUBIN 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 162 - 177, # 2 Exhibit 178 - 180, # 3 Exhibit 181 - 184, # 4 Exhibit 185, # 5 Exhibit 186 - 191, # 6 Exhibit 192 - 355)(Schapiro, Andrew)

Rubin Reply Exhibit 186

Rubin Reply Exhibit 187

Page 1
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 KYLE BONICI SAN FRANCISCO, CALIFORNIA WEDNESDAY, APRIL 22, 2009 BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CLR JOB NO. 16739

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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APRIL 29, 2009 9:13 a.m.

VIDEOTAPED DEPOSITION OF KYLE BONICI, held at the offices of WILSON, SONSINI, GOODRICH & ROSATI, One Market Street, Spear Tower, San Francisco, California, pursuant to notice, before ANDREA M. IGNACIO HOWARD, CLR, CCRR, RPR, CSR License No. 9830.

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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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 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. NEMA MILANINIA, Esq. 650 Page Mill Road Menlo Park, 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]

96e23957-fae1-4a18-8567-c76ed2e7487c

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A P P E A R A N C E S:

(Continued.)

ALSO PRESENT:

Ken Reeser, Videographer.

---oOo---

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI Q Mr. Bonici if you'd take a moment to look

this over, and let me know once you've had an opportunity to review it. I'd like to ask you some

questions about the document. A Q Okay. Would this be an example of you receiving a

work assignment via e-mail in the course of your employment at Paramount? A Q Yes. Is this representative of the type of tasks

you were assigned during your internship period? A Q One of the many, yes. The first, for lack of a better word, bullet

point under Ms. Tipton's instruction of "Here's what we need help with today," it says "Can you please check back on Transformers trailer tracking to see if there are more links (the more the better:-))." What was Ms. Tipton referring to? MS. CUNHA: THE WITNESS: Objection to form. Can you please ask that I'm not sure I --

question a different way? MR. RUBIN: question? A I don't understand. Q.

Do you not understand the

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI Q What do you understand "Transformer trailer

tracking" to mean? A I don't recall from this e-mail exactly what

she meant. Q Do you recall -- can you understand, sitting

here today, looking at those words, do you have any understanding of what they mean? MS. CUNHA: I'm going to object to form.

You're asking him if he -- if he has an understanding of what that means, or if he can interpret it from the document? MR. RUBIN: MS. CUNHA: Either. You can answer the question, but

he's asking you -- if you're interpreting it from the document, you should make sure you say that you're interpreting it from the document. THE WITNESS: Uh-huh.

My interpretation of the document currently, right now, is that "Transformers trailer tracking," meaning, what's currently available on the Transformers trailer as to what's -- what's out there. MR. RUBIN: Q Okay.

The next bullet states "Update trailers and

video in our viral video accounts"; do you see that?

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI A Q Uh-huh. What do you understand "our viral video

accounts" to mean? A Viral video would be a video that is passed

along virally, and accounts obviously would be our separate accounts. Q And who -- what is the "our" referring to in

that sentence? A Ours, Paramount Pictures. For example, you

can see it on the actual list, the accounts we're talking about. Q A Q And which accounts are those? YouTube, Revver, Break, Veoh. Have you uploaded videos to -- Paramount

videos to each of these accounts? A Q A I don't recall. But you have to the YouTube account? Yes. MR. RUBIN: exhibit. (Document marked Bonici Exhibit 2 for identification.) MS. CUNHA: Thanks. Thank you. I'd like to introduce another

THE WITNESS:

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI (Document marked Bonici Exhibit 3 for identification.) MS. CUNHA: This is -- just so the record is

clear, this is something you or someone in your office printed out yesterday from the website? MR. RUBIN: Indeed. Thank you. Mr. Bonici, please take a

THE WITNESS: MR. RUBIN:

Q.

moment to look at it, and once you've had an opportunity to review the document, let me know, and I'd like to ask you a few questions about it. A Q A Q A Okay. Okay. Ready.

Do you recognize this document? Yes. What is it? It is our Paraccount, what I believe looks

like our Paraccount YouTube front page. Q I think that's right. Do you recall when you first logged in to the Paraccount? A Q Gosh, I don't recall. Do you recall when you last logged in to the

Paraccount? A I don't recall. Sorry.

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI Q A Q If you look on the document, it says -"Last Sign In." -- "Last Sign In" was "17 hours ago." This

was printed yesterday. A Q A Q you? A Not that I'm aware of. I don't believe so, Uh-huh. So that would have been on the 27th? Uh-huh. Does anyone log into the account other than

but I'm not sure. Q A Did you log into this account two days ago? I might have. I don't know why I would have,

but I don't actually recall. Q You don't recall what you did at work two

days ago? MS. CUNHA: argumentative. THE WITNESS: MR. RUBIN: Paraccount? A It varies. When it's a new trailer, Q. Sorry. I don't. Objection to form; that's

How often do you log into the

you'll up -- we'll upload it usually, but if there's no new trailers coming out, then, you know, it could

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI be months. Q How often does Paramount release new

trailers? A Varies. Sometimes it's three in a month.

Sometimes it's zero in a month, et cetera. Q Do you see it says "Videos Watched 1,176" in

the upper left of the document? A Q Uh-huh. Do you recall remaining logged in to the

Paraccount and watching other YouTube videos? A Q A I don't recall. But it may have happened? I don't recall. MS. CUNHA: MR. RUBIN: Objection to form. Q. If you look in the next box

down in the left, it says "Connect with Paraccount." A Q Uh-huh. Send a message or, pardon me, "Send

Message"; do you see that? A Q Uh-huh. Mr. Bonici, I apologize, but you're going to

actually need to respond audibly. A Q Yes. I apologize.

It's important --

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI a document that someone in my office printed out also on April 28th. This is a listing of all of the videos

currently active in the Paraccount in order of most viewed. A Q Uh-huh. Would you like me to go in --

Do you recognize this? MS. CUNHA: There's no question yet. Sorry. Do you see it says there are

THE WITNESS: MR. RUBIN:

Q.

"96" videos active in the Paraccount? A Q Yes. Have you ever removed a video from the

Paraccount? A Q I can't recall. Do you know if anyone else has ever removed a

video from the Paraccount? A Q I don't know. Do you know if anyone else other than you

have uploaded videos to the Paraccount? A Q Not that I recall. Have you ever given third parties access to

the account credentials for the Paraccount? A Q I don't know. You don't know if you've done that?

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI A Oh, personally me? No, I don't recall me

ever doing it. Q Do you know if anyone else at Paramount has

ever done that? A Q I don't know. Do you believe that the uploading of

Paramount content to the Paraccount has been an effective marketing tool for Paramount? MS. CUNHA: THE WITNESS: MR. RUBIN: Q. Objection to form. Please repeat the question. Do you believe the uploading

of Paramount content to the Paraccount has been an effected -- effective marketing tool for Paramount? MS. CUNHA: THE WITNESS: know. Same objection. I don't know. I'm -- I don't

I'm unaware if it's been effective or not. MR. RUBIN: Q. You continue to do it to this

day; is that right? A Q Uh-huh. Does Paramount continue to engage in

promotional strategies it believes to be ineffective? MS. CUNHA: THE WITNESS: Objection to form. We're not sure it's

ineffective, or we're not sure it's effective either.

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI MR. RUBIN: it; is that right? A Q Yes. And if you look at the first video, Tropic Q. But you continue to engage in

Thunder, do you see that? A Q A Uh-huh. How many views does that video have? 6,186,562. MR. RUBIN: next exhibit. (Document marked Bonici Exhibit 5 for identification.) MR. RUBIN: Exhibit No. 5 is a document Okay. I'd like to introduce the

produced by Viacom in this litigation marked VIA01283483 through VIA01283486. It is an e-mail from

Kyle Bonici to Megan Wahtera, CCed to Tamar Teifeld, dated September 14th, 2007. Q Mr. Bonici, please take a moment to review

the document, and once you have, let me know, and we can ask -- discuss it for a moment. A Q Okay. After you upload Paramount content to -- to

YouTube, do you monitor the content you've uploaded on occasion?

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI A Q I don't recall it. Does it refresh your recollection that there

was concern at Paramount about negative comments on clips that had been uploaded to YouTube? MS. CUNHA: Objection to form.

You can answer. THE WITNESS: Please refer to which -- do

you -- are you referring to Paraccount? MR. RUBIN: Q. I don't know which account

this refers to; do you? A Likely it's a Paraccount. I'm assuming, but

I'm making an assumption. Q Have you ever deleted comments from the

Paraccount? A Q I might have. I can't recall though.

Have you ever deleted comments from any

account on YouTube? A Q I can't recall. Sorry.

You can't recall whether you've ever deleted

a comment on YouTube? A Q A Q I can't recall. What's the subject line of this e-mail? It is "HBK/YouTube." Do you know what "HBK" refers to?

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI to do? A Q I can't remember. I can't recall.

Do you know why she would ask you to do this? MS. CUNHA: THE WITNESS: Objection to form. I -- I don't know why she would

have -- she would ask me. MR. RUBIN: was? A Huh-uh. Heartbreak Kid. No, I don't know. Q. Do you know what the video

I'm not sure. Q Does Paramount have a practice of deleting

negative comments on YouTube? A Q A I don't know. But you can't recall ever doing it? Personally, no. I -- I might have. I just

can't remember. Q And you're the one who's responsible for the

Paraccount? A Q Majority of it, yeah. So presumably if Paramount did this

routinely, you would know about it? MS. CUNHA: THE WITNESS: only what I did. Objection to form. No. I mean, I -- I would know

I can't make that assumption.

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI A Q A list of the videos currently available? I'm trying to get an understanding of what You just said a list.

your testimony is. A

Yeah, I could -- I could -- if you gave me a

list of stuff we uploaded, I could possibly tell you the ones that I -- I think I've done. about all of them. Q A Q That would be to the Paraccount? Yes, yeah. And that would be assuming then that I'm not sure

Paramount hadn't uploaded content to any other account? MS. CUNHA: Objection to form. Please re -- reword it, the

THE WITNESS: question. MR. RUBIN:

Q.

My question is not, do you

recall all the Paramount content that you have uploaded to the Paraccount. My question is, do you

recall all of the content that you have uploaded to YouTube? MS. CUNHA: In connection with your

employment at Paramount I think is what you're asking. A Do I recall? MR. RUBIN: No, not everything. So as you sit here today, you

Q.

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

96e23957-fae1-4a18-8567-c76ed2e7487c

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KYLE BONICI cannot recall all the Paramount content that you have uploaded to YouTube? A Q No. Was content ever uploaded to the Para2009 or

Para2010 accounts? A Q A Q It was an Eagle Eye trailer for both. Do those accounts remain active? I don't know. What e-mail address did you use to register

for those accounts? A Q A Q I can't recall. Do you use a Paramount e-mail address? I can't recall. Would there have been a reason that you

wouldn't have used a Paramount e-mail address? MS. CUNHA: Objection; form. I don't know. I can't recall.

THE WITNESS:

If there's a reason why, if you guys have stipulations where there's only a certain one e-mail address per account, then it's possible, but I don't believe -- I don't believe so. MS. CUNHA: Michael, we've been going for

almost an hour, can we take a break soon? MR. RUBIN: I'm happy to take a break

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

96e23957-fae1-4a18-8567-c76ed2e7487c

Rubin Reply Exhibit 188

Rubin Reply Exhibit 189

JENNER&BLOCK
January 25, 2010
Jenner & Block LLP 919 Third Avenue 37th Floor New York, NY
Tel [phone]

Chicago Los Angeles New York Washington, D C

VIA E-MAIL Michael H. Rubin Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304 Re:

www.jenner.com Susan J, Kohlmann
Tel [phone]

[e-mail]

Viacom International, Inc., et al. v. YouTube, Inc., et al., 07 Civ. 02103

Dear Michael: 1 write in response to your January 19, 2010 letter requesting the production of data referenced at Warren Solow's January 14 deposition. Your letter fundamentally mischaracterizes Mr. Solow's testimony and misstates Viacom's production obligations. First, you state that Mr. Solow "testified that since prior to January 2007, Viacom has maintained a set of aggregated data reflecting the promotional video uploading of its many agents and subsidiaries." That is inaccurate in many ways. Mr. Solow testified that he does not personally maintain a list of the content Viacom does not seek to have taken down from the YouTube site but that he has asked Michael Housley to ensure that such a list is maintained. See Solow Rough Tr. at 144. He stated that he did not know where the list was kept. Indeed, he testified that, for at least part of 2007, Viacom sent the relevant data "directly to BayTSP" rather than maintaining an internal list, see Solow Rough Tr. at 162, and that he did not know when, if ever, that practice changed. In fact, BayTSP continues to maintain the list. As Mr. Solow testified, Mr. Housley aggregates information regarding account names whose uploads Viacom does not seek to have removed. Mr. Housley then provides that information to BayTSP so that BayTSP can track and use it. Defendants have received numerous documents confirming this process, including Exhibits 8, 9, and 11 to Mr. Solow's deposition. Second, you claim that Viacom's failure to provide whatever records exist was "in direct contravention of its court-ordered obligations." That is simply wrong. As Mr. Solow's testimony indicates, to the extent that Viacom (rather than BayTSP) kept copies of the "set of aggregated data" you request, they were maintained by Michael Housley and stored in his custodial files. Mr. Housley is not one of the 90 Priority or Additional Custodians whose records Defendants requested in this case. Viacom has no obligation to produce data from his files. Nor does the August 24, 2009 Stipulation you cited create such an obligation. In that Stipulation, Viacom agreed to "withdraw[] its claims of privilege and work product" as to certain classes of documents, not produce every document within those classes that might exist anywhere in its records. Your claim that Viacom shirked its discovery obligations is groundless.

Michael H. Rubin Page 2

Notwithstanding your distortions, and as a courtesy, we have located and are providing a recent email exchange between Mr. Housley and BayTSP taken from Mr. Housley's custodial files. It bears the Bates range VIA-SUPP000001 - VIA-SUPP000003. The intent of this document is to list YouTube account names from which Viacom does not wish to take down video uploads. The users whose account names appear on the document have not necessarily uploaded promotional materials to YouTube on behalf of Viacom and are not necessarily authorized by Viacom to do so. Finally, Defendants have failed to provide the same type of information you inaccurately accused Viacom of withholding: documents listing content that should not be taken down from the YouTube or Google Video websites. See, e.g., Narasimhan Tr. at 33 ("Our partner team decided to generate a list of e-mail addresses for us of partners that were--or content owners that were uploading videos."). We have requested production of that information before and once again demand that you provide it without delay. Sincerely,

Susan J. Kohlmann

Attachment, designated Highly Confidential cc: Counsel for all parties

Housley, Michael
From: Sent: To: Cc: Andrea Cordone [[e-mail]] Wednesday, April 16, 2008 7:23 PM Housley, Michael Sean Ray; Evelyn Espinosa; Elliott Kohtz

Subject: RE: Whitelist Mike, All of the following usernames are on the white-list in BVM and in the CIMS filters: BAAFamily BadBoyRecords barelypolitical BdubEtv bestweekevertv blacktreemedia bpfrecords bravenewfilms BroadwayJoe Broad wayJoe415 bullrunvideo CBS ChannelFrederator cimatics Damonjohnson fanscapevideos FanscapeVideos4U FiveChemical freeforlife112 FreshTakes FutureWorld77 HGiantVid irenemariemodels Isitfridayyet JackassWorldMTV jerseymouthl ladyfragment Lakeshore Records laurenceegibbs LiberalViewer Menudo OfficialReno911 Paraccount Paramount Paramount Pictures ParamountPictures ParentsConnect ParkMyVibe PinkStrawberry PinkStrawberryl powermadeak47dotcom powmadeak47 reaction2006 reno911miami rollingoutTELEVISION RunsHouseVideos shishka Snackboard

HIGHLY CONFIDENTIAL

VIA-SUPP000001

SpikeTV TDSwriters thatisalsofunny thatsfunny Thatsnotfunny themoviemonkey thesparksfly TNAWrestling tomato808 TVgasmdotcom TXCANY vh1 staff Victorweb virtualmtv VLogging Wiredset These usernames appear only in CIMS: ArtisanNewsService Digitalfilmmaker MyDamnChannel universalmusicgroup Please let me know if you have any questions or if there any changes that should be made. Best Regards, Andrea Cordone Client Services Manager BayTSP, Inc. 408.341.2365 [e-mail] Save t h e d a t e ! J o i n u s f o r " O n e W o r l d 2008: M a n a g i n g P i r a c y i n t h e G l o b a l V i l l a g e " BayTSP's 5th Annual Anti-Piracy Conference September 15-17th! Join us!
The information contained in this email message may be confidential and is intended only for the parties to whom it is addressed. If you are not the intended recipient or an agent of same, please notify us of the mistake by telephone [phone]) or email and delete the message from your system. Please do not copy the message or distribute it to anyone. This message was prepared at the request of counsel.

From: Housley, Michael [mailto:[e-mail]] Sent: Wednesday, April 16, 2008 2:13 PM To: Andrea Cordone Cc: Sean Ray; Evelyn Espinosa; Elliott Kohtz Subject: RE: Whitelist Thanks, Andrea. Can you send me a list of all white-listed usernames?

From: Andrea Cordone [mailto:[e-mail]] Sent: Wednesday, April 16, 2008 5:06 PM To: Housley, Michael Cc: Sean Ray; Evelyn Espinosa; Elliott Kohtz Subject: RE: Whitelist Mike, The username "BAAFamily" has been added to the BVM white-list and the filters in CIMS. Best Regards, HIGHLY CONFIDENTIAL VIA-SUPP000002

Andrea Cordone Client Services Manager BayTSP, Inc. 408.341.2365 [e-mail] Save the date! Join us for "One World 2008: Managing Piracy in the Global Village" B a y T S P ' s 5 t h Annual Anti-Piracy Conference September 15-17 t h ! Join us! The information contained in this email message may be confidential and is intended only for the parties to whom it is addressed. If you are not the intended recipient or an agent of same, please notify us of the mistake by telephone [phone]) or email and delete the message from your system. Please do not copy the message or distribute it to anyone. This message was prepared at the request of counsel. From: Housley, Michael [mailto:[e-mail]] Sent: Wednesday, April 16, 2008 1:55 PM To: Andrea Cordone Cc: Sean Ray Subject: Whitelist

Hello Andrea, Please white-list the username, BAAFamily. Thanks, Mike

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Rubin Reply Exhibit 190

Rubin Reply Exhibit 191

JENNER&BLOCK
January 29,2009
Jenner & Block LLP

919 Third Avenue
37th Floor
New

Chicago Los Angeles New York
Washington, DC

York, NY 10022

VIAE-MAIL
Michael H. Rubin Wilson Sonsini Goodrich & Rosati 650 Page Mil Road Palo Alto, CA 94304

Tel [phone]

wwJenner.com

Susan J. Kohlmann
Tel [phone]

[e-mail]

Re: Viacom International, Inc., et al. v. You

Tube, Inc., et al., 07 Civ. 02103

Dear Michael:

Your January 26 letter includes many statements that I do not agree with, see the relevance of, or in some cases even understand, but rather than arguing about each of them I will stick to the point. It is not productive for us to engage in an extended debate about what Mr. Solow did or did not say in his deposition. While I dispute your characterizations of his testimony, the bottom line is that those characterizations cannot change the fact that the documents you seek do not exist and have never existed. To the best of our knowledge, neither Viacom nor BayTSP has maintained a list of website URLs representing content not to be taken down from the Y ouTube site or other Internet video sites. Viacom is not intentionally withholding any lists of website URLs, usernames, or any other such identifiers kept for that purpose on privilege grounds, because they exist only in Michael Housley's custodial files, or for any other reason.
VIA-SUPPOOOOOI - 03, the document we provided to you as an attachment to my

information that Mr. Housley and BayTSP did maintain. It contains a list of Y ouTube usernames that my have been used to post content Viacom did not wish to have removed from the Y ouTube site. As I stated before, Defendants
January 25 letter, is an example of the type of have received numerous documents containing various iterations of

this information in

discovery. We are not aware of any versions predating the parties' agreed-upon discovery cutoff
that Defendants do not already have. Indeed, we provided VIA-SUPPOOOOOI - 03 as a courtesy

even though it postdates the cutoff. We cannot provide the information in any other form because, in our knowledge, we do not have it in any other form.
Sincerely,

n )

Susan J. Kohlmann
cc: Counsel for all parties