The Football Association Premier League Limited et al v. Youtube, Inc. et al

Filing 166

DECLARATION of Elizabeth Anne Figueira in supoport of Class Plaintiffs' Statement of Uncontroverted Material Facts in support of Their Motion For Partial Summary Judgment in Support re: 158 MOTION for Partial Summary Judgment dismissing with prejudice Defendants' First Defense asserted in Defendants' Answer to the Second Amended Class Action Complaint... Document filed by The Music Force LLC, Cal IV Entertainment, LLC, Cherry Lane Music Publishing Company, Inc., The Football Association Premier League Limited, Robert Tur, National Music Publishers' Association, The Rodgers & Hammerstein Organization, Edward B. Marks Music Company, Freddy Bienstock Music Company, Alley Music Corporation, X-Ray Dog Music, Inc., Federation Francaise De Tennis, The Scottish Premier League Limited, The Music Force Media Group LLC, Sin-Drome Records, Ltd., Murbo Music Publishing, Inc., Bourne Co.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32, # 33 Exhibit Exhibit 33, # 34 Exhibit Exhibit 34, # 35 Exhibit Exhibit 35, # 36 Exhibit Exhibit 36, # 37 Exhibit Exhibit 37, # 38 Exhibit Exhibit 38, # 39 Exhibit Exhibit 39, # 40 Exhibit Exhibit 40, # 41 Exhibit Exhibit 41, # 42 Exhibit Exhibit 42, # 43 Exhibit Exhibit 43, # 44 Exhibit Exhibit 44, # 45 Exhibit Exhibit 45, # 46 Exhibit Exhibit 46, # 47 Exhibit Exhibit 47, # 48 Exhibit Exhibit 48, # 49 Exhibit Exhibit 49, # 50 Exhibit Exhibit 50, # 51 Exhibit Exhibit 51, # 52 Exhibit Exhibit 52, # 53 Exhibit Exhibit 53, # 54 Exhibit Exhibit 54, # 55 Exhibit Exhibit 55, # 56 Exhibit Exhibit 56, # 57 Exhibit Exhibit 57, # 58 Exhibit Exhibit 58, # 59 Exhibit Exhibit 59, # 60 Exhibit Exhibit 60, # 61 Exhibit Exhibit 61, # 62 Exhibit Exhibit 62, # 63 Exhibit Exhibit 63, # 64 Exhibit Exhibit 64, # 65 Exhibit Exhibit 65, # 66 Exhibit Exhibit 66, # 67 Exhibit Exhibit 67, # 68 Exhibit Exhibit 68, # 69 Exhibit Exhibit 69, # 70 Exhibit Exhibit 70, # 71 Exhibit Exhibit 71, # 72 Exhibit Exhibit 72, # 73 Exhibit Exhibit 73, # 74 Exhibit Exhibit 74, # 75 Exhibit Exhibit 75, # 76 Exhibit Exhibit 76, # 77 Exhibit Exhibit 77, # 78 Exhibit Exhibit 78, # 79 Exhibit Exhibit 79, # 80 Exhibit Exhibit 80, # 81 Exhibit Exhibit 81, # 82 Exhibit Exhibit 82, # 83 Exhibit Exhibit 83, # 84 Exhibit Exhibit 84, # 85 Exhibit Exhibit 85, # 86 Exhibit Exhibit 86, # 87 Exhibit Exhibit 87, # 88 Exhibit Exhibit 88, # 89 Exhibit Exhibit 89, # 90 Exhibit Exhibit 90, # 91 Exhibit Exhibit 91, # 92 Exhibit Exhibit 92, # 93 Exhibit Exhibit 93, # 94 Exhibit Exhibit 94, # 95 Exhibit Exhibit 95, # 96 Exhibit Exhibit 96, # 97 Exhibit Exhibit 97, # 98 Exhibit Exhibit 97 part 2, # 99 Exhibit Exhibit 98, # 100 Exhibit Exhibit 99, # 101 Exhibit Exhibit 100, # 102 Exhibit Exhibit 101, # 103 Exhibit Exhibit 102, # 104 Exhibit Exhibit 103, # 105 Exhibit Exhibit 104, # 106 Exhibit Exhibit 105, # 107 Exhibit Exhibit 106, # 108 Exhibit Exhibit 107, # 109 Exhibit Exhibit 108, # 110 Exhibit Exhibit 109, # 111 Exhibit Exhibit 110, # 112 Exhibit Exhibit 111, # 113 Exhibit Exhibit 112, # 114 Exhibit Exhibit 113, # 115 Exhibit Exhibit 114, # 116 Exhibit Exhibit 115, # 117 Exhibit Exhibit 116, # 118 Exhibit Exhibit 117, # 119 Exhibit Exhibit 118, # 120 Exhibit Exhibit 119, # 121 Exhibit Exhibit 120, # 122 Exhibit Exhibit 121, # 123 Exhibit Exhibit 122, # 124 Exhibit Exhibit 123, # 125 Exhibit Exhibit 124, # 126 Exhibit Exhibit 125, # 127 Exhibit Exhibit 126, # 128 Exhibit Exhibit 127, # 129 Exhibit Exhibit 128, # 130 Exhibit Exhibit 129, # 131 Exhibit Exhibit 130, # 132 Exhibit Exhibit 131, # 133 Exhibit Exhibit 132, # 134 Exhibit Exhibit 133, # 135 Exhibit Exhibit 134, # 136 Exhibit Exhibit 135, # 137 Exhibit Exhibit 136, # 138 Exhibit Exhibit 137, # 139 Exhibit Exhibit 138, # 140 Exhibit Exhibit 139, # 141 Exhibit Exhibit 140, # 142 Exhibit Exhibit 141, # 143 Exhibit Exhibit 142, # 144 Exhibit Exhibit 143, # 145 Exhibit Exhibit 144, # 146 Exhibit Exhibit 145, # 147 Exhibit Exhibit 146, # 148 Exhibit Exhibit 147, # 149 Exhibit Exhibit 148, # 150 Exhibit Exhibit 149, # 151 Exhibit Exhibit 150, # 152 Exhibit Exhibit 151, # 153 Exhibit Exhibit 152, # 154 Exhibit Exhibit 153, # 155 Exhibit Exhibit 154, # 156 Exhibit Exhibit 154 Part 2, # 157 Exhibit Exhibit 154 Part 3, # 158 Exhibit Exhibit 154 Part 4, # 159 Exhibit Exhibit 155, # 160 Exhibit Exhibit156, # 161 Exhibit Exhibit 157, # 162 Exhibit Exhibit 158, # 163 Exhibit Exhibit 159, # 164 Exhibit Exhibit 160, # 165 Exhibit Exhibit 161, # 166 Exhibit Exhibit 162, # 167 Exhibit Exhibit 163, # 168 Exhibit Exhibit 164, # 169 Exhibit Exhibit 165, # 170 Exhibit Exhibit 166, # 171 Exhibit Exhibit 167, # 172 Exhibit Exhibit 168, # 173 Exhibit Exhibit 169, # 174 Exhibit Exhibit 170, # 175 Exhibit Exhibit 171, # 176 Exhibit Exhibit 172, # 177 Exhibit Exhibit 173, # 178 Exhibit Exhibit 174, # 179 Exhibit Exhibit 175, # 180 Exhibit Exhibit 176, # 181 Exhibit Exhibit 177, # 182 Exhibit Exhibit 178, # 183 Exhibit Exhibit 179, # 184 Exhibit Exhibit 180, # 185 Exhibit Exhibit 181, # 186 Exhibit Exhibit 182, # 187 Exhibit Exhibits 183 - 187, # 188 Exhibit Exhibit 188)(Figueira, Elizabeth)

Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED, BOURNE CO. (together with its affiliate MURBO MUSIC PUBLISHING, INC.), CHERRY LANE MUSIC PUBLISHING COMPANY, INC., CAL IV ENTERTAINMENT LLC, ROBERT TUR d/b/a LOS ANGELES NEWS SERVICE, NATIONAL MUSIC PUBLISHERS' ASSOCIATION, THE RODGERS & HAMMERSTEIN ORGANIZATION, STAGE THREE MUSIC (US), INC., EDWARD B. MARKS MUSIC COMPANY, FREDDY BIENSTOCK MUSIC COMPANY d/b/a BIENSTOCK PUBLISHING COMPANY, ALLEY MUSIC CORPORATION, X-RAY DOG MUSIC, INC., FÉDÉRATION FRANÇAISE DE TENNIS, THE MUSIC FORCE LLC, and SIN-DROME RECORDS, LTD. on behalf of themselves and all others similarly situated, Plaintiffs, v. YOUTUBE, INC., YOUTUBE, LLC and GOOGLE, INC., Defendants.

Case No. 07 Civ. 3582 (LLS) DECLARATION OF ELIZABETH ANNE FIGUEIRA IN SUPPORT OF CLASS PLAINTIFFS' STATEMENT OF UNCONTROVERTED MATERIAL FACTS

Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order I, Elizabeth Figueira, pursuant to 28 U.S.C. § 1746, hereby declares as follows: I am an associate at Proskauer Rose LLP, which represents Class Plaintiffs in the abovereferenced action. I submit this Declaration in Support of Class Plaintiffs' motion for partial summary judgment, in order to put documentary evidence before the Court. 1. Attached hereto at Tab 1 is a true and correct copy of GOO001-00906824-52, also marked as Ex. 18 at the deposition of Tim Armstrong on October 30, 2008. 2. Attached hereto at Tab 2 is a true and correct copy of GOO001-00500181-85, also marked as Ex. 29 at the deposition of Wendy Chang on July 11, 2008. 3. Attached hereto at Tab 3 is a true and correct copy of GOO001-00059035, also marked as Ex. 32 at the deposition of Wendy Chang on July 11, 2008. 4. Attached hereto at Tab 4 is a true and correct copy of GOO001-00375061-65, also marked as Ex. 36 at the deposition of Wendy Chang on July 11, 2008. 5. Attached hereto at Tab 5 is a true and correct copy of GOO001-01004547-49, also marked as Ex. 37 at the deposition of Wendy Chang on July 11, 2008. 6. Attached hereto at Tab 6 is a true and correct copy of GOO001-01529251, also marked as Ex. 8 at the deposition of Frank Chastagnol on December 10, 2008. 7. Attached hereto at Tab 7 is a true and correct copy of GOO001-00174229-30, also marked as Ex. 9 at the deposition of Frank Chastagnol on December 10, 2008. 8. Attached hereto at Tab 8 is a true and correct copy of AM002946-53, also marked as Ex. 11 at the deposition of Frank Chastagnol on December 10, 2008. 9. Attached hereto at Tab 9 is a true and correct copy of GOO001-01676559-62, also marked as Ex. 12 at the deposition of Frank Chastagnol on December 10, 2008. 10. Attached hereto at Tab 10 is a true and correct copy of GOO001-00103004-06, also marked as Ex. 19 at the deposition of Frank Chastagnol on December 10, 2008. 11. Attached hereto at Tab 11 is a true and correct copy of a transcript excerpt (134:21-135:2) of the deposition of Cuong Do on September 12, 2007. 12. Attached hereto at Tab 12 is a true and correct copy of GOO001-02656593-94, also marked as Ex. 9 at the deposition of David Drummond on February 12, 2009. 13. Attached hereto at Tab 13 is a true and correct copy of GOO001-01511226-27, also marked as Ex. 31 at the deposition of David Drummond on February 12, 2009.

2

Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order 14. Attached hereto at Tab 14 is a true and correct copy of GOO001-00507525-32, also marked as Ex. 4 at the deposition of Maryrose Dunton on August 22, 2008. 15. Attached hereto at Tab 15 is a true and correct copy of GOO001-00507535-GOO00100507540, also marked as Ex. 5 at the deposition of Maryrose Dunton on August 22, 2008. 16. Attached hereto at Tab 16 is a true and correct copy of GOO001-00829702-18, also marked as Ex. 21 at the deposition of Maryrose Dunton on August 22, 2008. 17. Attached hereto at Tab 17 is a true and correct copy of a transcript excerpt (29:23-30:6) of the deposition of Maryrose Dunton on August 22, 2008. 18. Attached hereto at Tab 18 is a true and correct copy of a transcript excerpt (84:12-85:9; 89:5-18) of the deposition of Maryrose Dunton on August 22, 2008. 19. Attached hereto at Tab 19 is a true and correct copy of a transcript excerpt (94:9-14) of the deposition of Maryrose Dunton on August 22, 2008. 20. Attached hereto at Tab 20 is a true and correct copy of GOO001-02875707-19, also marked as Ex. 7 at the deposition of Alex Ellerson on May 22, 2009. 21. Attached hereto at Tab 21 is a true and correct copy of GOO001-03065453-67, also marked as Ex. 9 at the deposition of Alex Ellerson on May 22, 2009. 22. Attached hereto at Tab 22 is a true and correct copy of GOO001-02519867-73, also marked as Ex. 10 at the deposition of Alex Ellerson on May 22, 2009. 23. Attached hereto at Tab 23 is a true and correct copy of GOO001-00496651-54, also marked as Ex. 12 at the deposition of David Eun on August 7, 2008. 24. Attached hereto at Tab 24 is a true and correct copy of GOO001-00986823-26, also marked as Ex. 25 at the deposition of David Eun on August 7, 2008. 25. Attached hereto at Tab 25 is a true and correct copy of GOO001-00238624-25, also marked as Ex. 27 at the deposition of David Eun on August 7, 2008. 26. Attached hereto at Tab 26 is a true and correct copy of a transcript excerpt (130:3-17) of the deposition of David Eun on August 7, 2008. 27. Attached hereto at Tab 27 is a true and correct copy of GOO001-00757950, also marked as Ex. 1 at the deposition of Heather Gillette on August 12, 2008. 28. Attached hereto at Tab 28 is a true and correct copy of GOO001-00839851, also marked as Ex. 4 at the deposition of Heather Gillette on August 12, 2008. 29. Attached hereto at Tab 29 is a true and correct copy of GOO001-00951481-83, also marked as Ex. 9 at the deposition of Heather Gillette on August 12, 2008.

3

Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order 30. Attached hereto at Tab 30 is a true and correct copy of GOO001-00041715-20, also marked as Ex. 13 at the deposition of Heather Gillette on August 12, 2008. 31. Attached hereto at Tab 31 is a true and correct copy of a transcript excerpt (73:22-74:10) of the deposition of Heather Gillette on August 12, 2008. 32. Attached hereto at Tab 32 is a true and correct copy of a transcript excerpt (94:12-99:6) of the deposition of Heather Gillette on August 12, 2008. 33. Attached hereto at Tab 33 is a true and correct copy of GOO-CH-0001-07, also marked as Ex. 6 at the deposition of Keith Hauprich on September 24, 2009. 34. Attached hereto at Tab 34 is a true and correct copy of GOO-CH-0008-09, also marked as Ex. 7 at the deposition of Keith Hauprich on September 24, 2009. 35. Attached hereto at Tab 35 is a true and correct copy of the CH00117359 (YouTube screenshot). 36. Attached hereto at Tab 36 is a true and correct copy of a transcript excerpt (274:24-275:12) of the deposition of Keith Hauprich on November 4, 2008. 37. Attached hereto at Tab 37 is a true and correct copy of a transcript excerpt (95:3-13) at the deposition of Keith Hauprich on September 24, 2009. 38. Attached hereto at Tab 38 is a true and correct copy of a transcript excerpt (107:19-108:3) at the deposition of Keith Hauprich on September 24, 2009 39. Attached hereto at Tab 39 is a true and correct copy of JK00008393, also marked as Ex. 3 at the deposition of Brent Hurley on August 26, 2008. 40. Attached hereto at Tab 40 is a true and correct copy of GOO001-00629095, also marked as Ex. 7 at the deposition of Brent Hurley on August 26, 2008. 41. Attached hereto at Tab 41 is a true and correct copy of GOO001-01016964-86, also marked as Ex. 18 at the deposition of Brent Hurley on August 26, 2008. 42. Attached hereto at Tab 42 is a true and correct copy of GOO001-00660582-83, also marked as Ex. 6 at the deposition of Chad Hurley on April 22, 2009. 43. Attached hereto at Tab 43 is a true and correct copy of JK00008043, also marked as Ex. 11 at the deposition of Chad Hurley on April 22, 2009. 44. Attached hereto at Tab 44 is a true and correct copy of JKOOO10387_MVI_0922, also marked as Ex. 12 at the deposition of Chad Hurley on April 22, 2009. 45. Attached hereto at Tab 45 is a true and correct copy of JK00005929, also marked as Ex. 33 at the deposition of Chad Hurley on April 22, 2009.

4

Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order 46. Attached hereto at Tab 46 is a true and correct copy of GOO001-01424047-48, also marked as Ex. 38 at the deposition of Chad Hurley on April 22, 2009. 47. Attached hereto at Tab 47 is a true and correct copy of JK00007416, also marked as Ex. 41 at the deposition of Chad Hurley on April 22, 2009. 48. Attached hereto at Tab 48 is a true and correct copy of a transcript excerpt (16:20-17:16) of the deposition of Chad Hurley on April 22, 2009. 49. Attached hereto at Tab 49 is a true and correct copy of a transcript excerpt (107:14- 108:20) of the deposition of Chad Hurley on April 22, 2009. 50. Attached hereto at Tab 50 is a true and correct copy of AM000836-44, also marked as Ex. 10 at the deposition of Vance Ikezoye on September 10, 2009 51. Attached hereto at Tab 51 is a true and correct copy of AM001620-22, also marked as Ex. 16 at the deposition of Vance Ikezoye on September 10, 2009. 52. Attached hereto at Tab 52 is a true and correct copy of a transcript excerpt (15:10-16:11) of the deposition of Vance Ikezoye on September 10, 2009. 53. Attached hereto at Tab 53 is a true and correct copy of a transcript excerpt (81:7-24) of the deposition of Vance Ikezoye on September 10, 2009. 54. Attached hereto at Tab 54 is a true and correct copy of a transcript excerpt (24:3-26:8) of the deposition of Varun Kacholia on January 8, 2010. 55. Attached hereto at Tab 55 is a true and correct copy of a transcript excerpt (49:11-16) of the deposition of Varun Kacholia on January 8, 2010. 56. Attached hereto at Tab 56 is a true and correct copy of a transcript excerpt (163:16-19) of the deposition of Varun Kacholia on January 8, 2010. 57. Attached hereto at Tab 57 is a true and correct copy of a transcript excerpt (165:3-11) of the deposition of Varun Kacholia on January 8, 2010. 58. Attached hereto at Tab 58 is a true and correct copy of a transcript excerpt (167:16-25) of the deposition of Varun Kacholia on January 8, 2010. 59. Attached hereto at Tab 59 is a true and correct copy of Exhibit 1 (Resume), marked at the deposition of Jawed Karim on June 6, 2009. 60. Attached hereto at Tab 60 is a true and correct copy of JK00009871-72, also marked as Ex. 9 at the deposition of Jawed Karim on June 6, 2009. 61. Attached hereto at Tab 61 is a true and correct copy of JK00004969, also marked as Ex. 22 at the deposition of Jawed Karim on June 6, 2009.

5

Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order 62. Attached hereto at Tab 62 is a true and correct copy of JK00009933-34, also marked as Ex. 25 at the deposition of Jawed Karim on June 6, 2009. 63. Attached hereto at Tab 63 is a true and correct copy of JK00007479, also marked as Ex. 38 at the deposition of Jawed Karim on June 6, 2009. 64. Attached hereto at Tab 64 is a true and correct copy of JK00006166-69, also marked as Ex. 40 at the deposition of Jawed Karim on June 6, 2009. 65. Attached hereto at Tab 65 is a true and correct copy of a transcript excerpt (16:12 ­ 17:3) of the deposition of Jawed Karim on June 6, 2009. 66. Attached hereto at Tab 66 is a true and correct copy of GOO001-01403792-93, also marked as Ex. 2 at the deposition of David King on December 12, 2008. 67. Attached hereto at Tab 67 is a true and correct copy of GOO001-01404022, also marked as Ex. 4 at the deposition of David King on December 12, 2008. 68. Attached hereto at Tab 68 is a true and correct copy of GOO001-01517864, also marked as Ex. 6 at the deposition of David King on December 12, 2008. 69. Attached hereto at Tab 69 is a true and correct copy of GOO001-00981006-10, also marked as Ex. 6 at the deposition of David King on January 13, 2010. 70. Attached hereto at Tab 70 is a true and correct copy of GOO001-01998280-81, also marked as Ex. 7 at the deposition of David King on December 12, 2008. 71. Attached hereto at Tab 71 is a true and correct copy of GOO001-01519154-55, also marked as Ex. 13 at the deposition of David King on December 12, 2008. 72. Attached hereto at Tab 72 is a true and correct copy of GOO001-01905256-64, also marked as Ex. 18 at the deposition of David King on December 12, 2008. 73. Attached hereto at Tab 73 is a true and correct copy of GOO001-01613336-38, also marked as Ex. 21 at the deposition of David King on December 12, 2008. 74. Attached hereto at Tab 74 is a true and correct copy of GOO001-02191925-27, also marked as Ex. 23 at the deposition of David King on December 12, 2008. 75. Attached hereto at Tab 75 is a true and correct copy of a transcript excerpt (151:12-24) of the deposition of David King on December 12, 2008. 76. Attached hereto at Tab 76 is a true and correct copy of a transcript excerpt (215:24:-217:7) of the deposition of David King on December 12, 2008. 77. Attached hereto at Tab 77 is a true and correct copy of a transcript excerpt (229:17-231:5) of the deposition of David King on December 12, 2008.

6

Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order 78. Attached hereto at Tab 78 is a true and correct copy of GOO001-00496021-62, also marked as Ex. 10 at the deposition of Omid Kordestani on February 12, 2009. 79. Attached hereto at Tab 79 is a true and correct copy of GOO001-01295801-02, also marked as Ex. 20 at the deposition of Omid Kordestani on February 12, 2009. 80. Attached hereto at Tab 80 is a true and correct copy of GOO001-00237661-63, also marked as Ex. 22 at the deposition of Omid Kordestani on February 12, 2009. 81. Attached hereto at Tab 81 is a true and correct copy of a transcript excerpt (68:21-69:14; 71:16-22) of the deposition of Omid Kordestani on February 12, 2009. 82. Attached hereto at Tab 82 is a true and correct copy of GOO001-01040767-70, also marked as Ex. 1 at the deposition of Zahavah Levine on April 2, 2009. 83. Attached hereto at Tab 83 is a true and correct copy of GOO001-03424419, also marked as Ex. 3 at the deposition of Zahavah Levine on April 2, 2009. 84. Attached hereto at Tab 84 is a true and correct copy of GOO001-00839903, also marked as Ex. 10 at the deposition of Zahavah Levine on April 2, 2009. 85. Attached hereto at Tab 85 is a true and correct copy of GOO001-00707313-14, also marked as Ex. 21 at the deposition of Zahavah Levine on April 2, 2009. 86. Attached hereto at Tab 86 is a true and correct copy of GOO001-01918032, also marked as Ex. 24 at the deposition of Zahavah Levine on April 2, 2009. 87. Attached hereto at Tab 87 is a true and correct copy of a transcript excerpt (13-14; 18) of the deposition of Zahavah Levine on April 2, 2009. 88. Attached hereto at Tab 88 is a true and correct copy of a transcript excerpt (19:6-12) of the deposition of Zahavah Levine on April 2, 2009. 89. Attached hereto at Tab 89 is a true and correct copy of GOO001-07171324-53, also marked as Ex. 15 at the deposition of Matthew Liu on November 13, 2009. 90. Attached hereto at Tab 90 is a true and correct copy of a transcript excerpt (201:24-202:15) of the deposition of Chris Maxcy on August 28, 2008. 91. Attached hereto at Tab 91 is a true and correct copy of a transcript excerpt (233:21-234:2) of the deposition of Chris Maxcy on August 28, 2008. 92. Attached hereto at Tab 92 is a true and correct copy of GOO001-01211705-14, also marked as Ex. 19 at the deposition of Paul Molnar on September 16, 2008. 93. Attached hereto at Tab 93 is a true and correct copy of GOO001-00794737-58, also marked as Ex. 4 at the deposition of Bhanu Narasimhan on September 18, 2009.

7

Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order 94. Attached hereto at Tab 94 is a true and correct copy of GOO001-06555098-99, also marked as Ex. 8 at the deposition of Bhanu Narasimhan on September 18, 2009. 95. Attached hereto at Tab 95 is a true and correct copy of a transcript excerpt (15:6-9) of the deposition of Jim Patterson on December 16, 2009. 96. Attached hereto at Tab 96 is a true and correct copy of a transcript excerpt (18:18-19:4) of the deposition of Jim Patterson on December 16, 2009. 97. Attached hereto at Tab 97 is a true and correct copy of GOO001-00305115-52, also marked as Ex. 3 at the deposition of Suzie Reider on October 3, 2008. 98. Attached hereto at Tab 98 is a true and correct copy of GOO001-00074410-11, also marked as Ex. 7 at the deposition of Suzie Reider on October 3, 2008. 99. Attached hereto at Tab 99 is a true and correct copy of "YouTube Video Ads", also marked as Ex. 9 at the deposition of Suzie Reider on October 3, 2008. 100. Attached hereto at Tab 100 is a true and correct copy of GOO001-00907818-19, also marked as Ex. 11 at the deposition of Suzie Reider on October 3, 2008. 101. Attached hereto at Tab 101 is a true and correct copy of YouTube Screenshots, also marked as Ex. 13 at the deposition of Suzie Reider on October 3, 2008. 102. Attached hereto at Tab 102 is a true and correct copy of YouTube Screenshots, also marked as Ex. 14 at the deposition of Suzie Reider on October 3, 2008. 103. Attached hereto at Tab 103 is a true and correct copy of YouTube Screenshots, also marked as Ex. 15 at the deposition of Suzie Reider on October 3, 2008. 104. Attached hereto at Tab 104 is a true and correct copy of a transcript excerpt (33:7-17) of the deposition of Suzie Reider on October 3, 2008. 105. Attached hereto at Tab 105 is a true and correct copy of GOO001-00839895, also marked as Ex. 6 at the deposition of Micah Schaffer on July 23, 2008. 106. Attached hereto at Tab 106 is a true and correct copy of GOO001-00840004-06, also marked as Ex. 8 at the deposition of Micah Schaffer on July 23, 2008. 107. Attached hereto at Tab 107 is a true and correct copy of GOO001-00561567-82, also marked as Ex. 12 at the deposition of Micah Schaffer on July 23, 2008. 108. Attached hereto at Tab 108 is a true and correct copy of CSSU003560-86, also marked as Ex. 2 at the deposition of Eric Schmidt on May 6, 2009. 109. Attached hereto at Tab 109 is a true and correct copy of GOO001-00496614-47, also marked as Ex. 8 at the deposition of Eric Schmidt on May 6, 2009.

8

Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order 110. Attached hereto at Tab 110 is a true and correct copy of a transcript excerpt (53:9-24) of the deposition of Eric Schmidt on May 6, 2009. 111. Attached hereto at Tab 111 is a true and correct copy of a transcript excerpt (109:20-21) of the deposition of Eric Schmidt on May 6, 2009. 112. Attached hereto at Tab 112 is a true and correct copy of GOO0001-02027618-02027619, also marked as Ex. 14 at the deposition of Shasha Seth on July 16, 2009. 113. Attached hereto at Tab 113 is a true and correct copy of the Declaration of Robert F. Tur, accompanied by Exs. 1-8, as of November 13, 2006. 114. Attached hereto at Tab 114 is a true and correct copy of a transcript excerpt (71:23-72:16) of the deposition of Kent Walker on December 17, 2009. 115. Attached hereto at Tab 115 is a true and correct copy of a transcript excerpt (71:24-72:7) of the deposition of Kent Walker on December 17, 2009. 116. Attached hereto at Tab 116 is a true and correct copy of a transcript excerpt (130:14-18) of the deposition of Kent Walker on December 17, 2009. 117. Attached hereto at Tab 117 is a true and correct copy of GOO001-00313643-46, also marked as Ex. 9 at the deposition of Patrick Walker on July 22, 2008. 118. Attached hereto at Tab 118 is a true and correct copy of GOO001-00502527-54, also marked as Ex. 14 at the deposition of Patrick Walker on July 22, 2008. 119. Attached hereto at Tab 119 is a true and correct copy of GOO001-00922380-81, also marked as Ex. 19 at the deposition of Patrick Walker on July 22, 2008. 120. Attached hereto at Tab 120 is a true and correct copy of a transcript excerpt (200:8-22) of the deposition of Patrick Walker on July 22, 2008. 121. Attached hereto at Tab 121 is a true and correct copy of a transcript excerpt (216:25-218:4) of the deposition of Patrick Walker on July 22, 2008. 122. Attached hereto at Tab 122 is a true and correct copy of a transcript excerpt (222:17223:12) of the deposition of Patrick Walker on July 22, 2008. 123. Attached hereto at Tab 123 is a true and correct copy of a transcript excerpt (227:10228:14) of the deposition of Patrick Walker on July 22, 2008. 124. Attached hereto at Tab 124 is a true and correct copy of a transcript excerpt (246:1-247:2) of the deposition of Oliver Weingarten on December 16, 2009. 125. Attached hereto at Tab 125 is a true and correct copy of SC009721-26, also marked at Ex. 9 at the deposition of Gideon Yu on August 14, 2009.

9

Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order 126. Attached hereto at Tab 126 is a true and correct copy of GOO001-02341604-09, also marked as Ex. 13 at the deposition of Anthony Zameczkowski on February 6, 2009. 127. Attached hereto at Tab 127 is a true and correct copy of GOO001-00214966-67, also marked as Ex. 14 at the deposition of Anthony Zameczkowski on February 6, 2009. 128. Attached hereto at Tab 128 is a true and correct copy of GOO001-00221953, also marked as Ex. 16 at the deposition of Anthony Zameczkowski on February 6, 2009. 129. Attached hereto at Tab 129 is a true and correct copy of GOO001-02339707-13, also marked as Ex. 17 at the deposition of Anthony Zameczkowski on February 6, 2009. 130. Attached hereto at Tab 130 is a true and correct copy of GOO001-00716143-45, also marked as Ex. 18 at the deposition of Anthony Zameczkowski on February 6, 2009. 131. Attached hereto at Tab 131 is a true and correct copy of GOO001-01655883-84.0003, also marked as Ex. 19 at the deposition of Anthony Zameczkowski on February 6, 2009. 132. Attached hereto at Tab 132 is a true and correct copy of GOO001-0131622701316229.0019, also marked as Ex. 23 at the deposition of Anthony, Zameczkowski on February 6, 2009. 133. Attached hereto at Tab 133 is a true and correct copy of "eBay Completes PayPal Acquisition", Ebay Press Release, dated as of October 3, 2002. 134. Attached hereto at Tab 134 is a true and correct copy of Google Press Release: "Google to Acquire YouTube for $1.65 Billion in Stock," as of October 9, 2006. 135. Attached hereto at Tab 135 is a true and correct copy of "Google To Acquire YouTube for $1.65 Billion in Stock-Final", Fair Disclosure Wire, as of October 9, 2006. 136. Attached hereto at Tab 136 is a true and correct copy of "Q2 2008 Google Earnings Conference Call ­ Final", Fair Disclosure Wire, as of July 17, 2008. 137. Attached hereto at Tab 137 is a true and correct copy of the excerpt of the First Amended Complaint (¶¶ 33) as of November 7, 2007. 138. Attached hereto at Tab 138 is a true and correct copy of the excerpt of the Second Amended Complaint (¶¶ 2,3, 10-33, 45) as of November 26, 2008. 139. Attached hereto at Tab 139 is a true and correct copy of the excerpt of the Second Amended Answer (¶¶ 34,35,37) as of January 16, 2009. 140. Attached hereto at Tab 140 is a true and correct copy of the excerpt of Defendants' Highly Confidential Responses and Objections to Plaintiffs Second Set of Interrogatories, as of January 11, 2010.

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Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order 141. Attached hereto at Tab 141 is a true and correct copy of "Q1 2009 Google Q&A Session Final", Fair Disclosure Wire, as of April 16, 2009. 142. Attached hereto at Tab 142 is a true and correct copy of "Q2 2009 Google Earnings Conference Call - Final", Fair Disclosure Wire, as of July 16, 2009. 143. Attached hereto at Tab 143 is a true and correct copy of "YouTube Help", search on YouTube last accessed on March 5, 2010. 144. Attached hereto at Tab 144 is a true and correct copy of CH00001663-69. 145. Attached hereto at Tab 145 is a true and correct copy of CH00017947-48. 146. Attached hereto at Tab 146 is a true and correct copy of CH00035504-08. 147. Attached hereto at Tab 147 is a true and correct copy of CH00050892. 148. Attached hereto at Tab 148 is a true and correct copy of "YouTube Fall 2009," retrieved from the YouTube website at the following URL: http://www.gstatic.com/youtube/engagement/platform/autoplay/advertise/downloads/YouTube_I nTheKnow.pdf. 149. Attached hereto at Tab 149 is a true and correct copy of GOO001-00021120. 150. Attached hereto at Tab 150 is a true and correct copy of GOO001-00053573-74 (E-mail chain). 151. Attached hereto at Tab 151 is a true and correct copy of GOO001-00798356-57 (E-mail chain). 152. Attached hereto at Tab 152 is a true and correct copy GOO001-00923351-52 (E-mail chain). 153. Attached hereto at Tab 153 is a true and correct copy of GOO001-00980438-39 (E-mail chain). 154. Attached hereto at Tab 154 is a true and correct copy of GOO001-01027023-44 ("Copyright 101 for YouTube Partners.") 155. Attached hereto at Tab 155 is a true and correct copy of GOO001-01053199-205 (E-mail chain). 156. Attached hereto at Tab 156 is a true and correct copy of GOO001-01523629-30 (E-mail chain). 157. Attached hereto at Tab 157 is a true and correct copy of GOO001-01179621 (E-mail). 158. Attached hereto at Tab 158 is a true and correct copy of GOO001-01609294-95 (E-mail chain). 11

Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order 159. Attached hereto at Tab 159 is a true and correct copy of GOO001-01644802-03 (E-mail chain). 160. Attached hereto at Tab 160 is a true and correct copy of GOO001-01905862-65 (Q1 CYC Priorities-Feature List). 161. Attached hereto at Tab 161 is a true and correct copy of GOO001-01907142-7190 (EMI Music Marketing Agreement). 162. Attached hereto at Tab 162 is a true and correct copy of GOO001-02111938-53. 163. Attached hereto at Tab 163 is a true and correct copy of GOO001-02240224-36 (GEMA Agreement). 164. Attached hereto at Tab 164 is a true and correct copy of GOO001-02241782-1835 (Universal Agreement). 165. Attached hereto at Tab 165 is a true and correct copy of GOO001-02242093-2149 (MCPSPRS Agreement). 166. Attached hereto at Tab 166 is a true and correct copy of GOO001-02245062-67 (SESAC). 167. Attached hereto at Tab 167 is a true and correct copy of GOO001-02250887-904 (WMG). 168. Attached hereto at Tab 168 is a true and correct copy of GOO001-02737286-87 (E-mail chain). 169. Attached hereto at Tab 169 is a true and correct copy of GOO001-02816985-88 (E-mail chain). 170. Attached hereto at Tab 170 is a true and correct copy of GOO001-09684819-50 (SonyATV Agreement). 171. Attached hereto at Tab 171 is a true and correct copy of GOO001-03424742-78 (Warner Agreement). 172. Attached hereto at Tab 172 is a true and correct copy of GOO001-09684681-719 (Sony BMG). 173. Attached hereto at Tab 173 is a true and correct copy of GOO001-06238828-06239753 ("Keyword/Bucket"). 174. Attached hereto at Tab 174 is a true and correct copy of GOO001-07165570-72 (E-mail chain). 175. Attached hereto at Tab 175 is a true and correct copy of GOO001-1315683-85 (E-mail chain).

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Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order 176. Attached hereto at Tab 176 is a true and correct copy of CSSU002686, also marked as Ex. 13 at the deposition of Storm Duncan on July 16, 2008. 177. Attached hereto at Tab 177 is a true and correct copy of a transcript excerpt (89:24-90:6) of the deposition of Storm Duncan on July 16, 2008. 178. Attached hereto at Tab 178 is a true and correct copy of a transcript excerpt (92:20-93:17) of the deposition of Storm Duncan on July 16, 2008. 179. Attached hereto at Tab 179 is a true and correct copy of GOO001-01332719-22 (E-mail chain). 180. Attached hereto at Tab 180 is a true and correct copy of 07220441. 181. Attached hereto at Tab 181 is a true and correct copy of 06510250-52 (E-mail chain). 182. Attached hereto at Tab 182 is a true and correct copy of GOO001-02910519-23 (E-mail chain). 183. Attached hereto at Tab 183 is a true and correct copy of a screenshot of the YouTube website generated on March 3, 2010. ("What you won't do for love" Search). 184. Attached hereto at Tab 184 is a true and correct copy of a screenshot of the YouTube website generated on March 3, 2010. ("French Open" Search). 185. Attached hereto at Tab 185 is a true and correct copy of a screenshot of the YouTube website generated on March 3, 2010. ("roland garros" Search). 186. Attached hereto at Tab 186 is a true and correct copy of a screenshot of the YouTube website generated on March 3, 2010. ("edelweiss" Search). 187. Attached hereto at Tab 187 is a true and correct copy of a screenshot of the YouTube website generated on March 3, 2010. ("Carousel Waltz" Search). 188. Enclosed hereto as an Addendum to Declaration of Elizabeth Anne Figueira (Disc 1) are true and correct copies of the following videos produced by Defendants which were identified on Exhibit A to the Class Plaintiffs' Second Amended Complaint, as well as screenshots of web pages, with corresponding URL, on which these videos appeared: Title of Infringed Work Video ID of File Embodying Infringing Video PREMIER LEAGUE WORKS Middlesbrough v Tottenham, April 28, 2007 aF7xQ3HZ2Yw April 28, 2007 Date Posted

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Contains Material Designated Confidential and Highly Confidential Pursuant to Protective Order Middlesbrough v Tottenham, April 28, 2007 Liverpool v Chelsea, August 19, 2007 Liverpool v Chelsea, August 19, 2007 Liverpool v Chelsea, August 19, 2007 Manchester United v Tottenham, August 26, 2007 Manchester United v Tottenham, August 26, 2007 Manchester United v Tottenham, August 26, 2007 XdOTw6xdaG8 njZz_0eWtsE March 10, 2008 August 19, 2007

4f0heMW6w9M Y1EWQ3DzyMo nY2I2H8pUgU N4Q0z_aF3xc
8c_aATOMUgM

August 21, 2007 August 21, 2007 August 26, 2007 May 17, 2008 August 28, 2007

BOURNE WORKS Let's Fall In Love Let's Fall In Love Popcorn Popcorn Smile Smile WqFxBY_YkXI sFo1LRcM-Gk Pc3orYnY21o vQumKuo6meE 7r9qwAZnl64 0k0OPxHtqgc CHERRY LANE WORKS Afternoon Delight Afternoon Delight Afternoon Delight X5axMyJ_-Z8 eaHYvkjH_QY FfoinnTh690 RHO WORKS The Carousel Waltz HvN3vjZHN_Y July 13, 2007 November 19, 2006 February 03, 2008 June 25, 2008 January 27, 2007 March 21, 2008 June 16, 2006 December 10, 2007 July 15, 2006 April 26, 2008

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