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.. 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12/17/2009 Walker Kent OUTSIDE HIGHLY CONFIDENTIAL COUNSELS EYES ONLY -- UNITED FOR THE STATES DISTRICT DISTRICT COURT OF SOUTHERN NEW YORK Tab VIACOM PARTNERS INTERNATIONAL COUNTRY INC. COMEDY Figueird Derl. MUSIC. 115 TELEVISION PICTURES INC. PARAMOUNT and BLACK CORPORATION ENTERTAINMENT TELEVISION LLC Plaintiffs vs. NO. 07-CV-2103 YOUTUBE and INC. YOUTUBE LLC GOOGLE INC. Defendants. 10 11 THE 12 FOOTBALL ASSOCIATION BOURNE PREMIER et all LEAGUE on LIMITED of CO. and al. behalf themselves 13 others similarly situated 14 vs. 15 Plaintiffs NO. 07-CV-3582 YOUTUBE 16 INC. INC. YOUTUBE LLC and GOOGLE 17 Defendants. 18 VIDEOTAPED DEPOSITION OF KENT WALKER PALO ALTO 19 20 CALIFORNIA THURSDAY DECEMBER 17 CSR 2009 BY CSR JOB ANDREA M. IGNACIO 9830 HOWARD RPR CLR LICENSE NO. NO. 18312 21 22 23 24 25 12/17/2009 Walker Kent KENT 115-0002 One there were have no of in idea what in other people the number Viacom people whole company of who were that engaged with variety context Im not familiar with. Understood. So dont With know to what they may or may with not have offered. Mr. 10 regard my conversation whether he it Fricklas dont remember Audible for Magic came up dont remember whether offered asked or it 11 dont it. remember whether just The didnt offer 12 dont reason recall. for that was that it 13 was is and still 14 is my understanding that Audible it Magic more is 15 while suited than the more its for for not audio great tool relatively more 16 content content. about music In content part primarily of the is 17 is video we because that 18 reasons talked before much Audible would video much 19 information and that in dense the its the that to harder Magic it search technology usable or 20 problem hadnt useful 21 evolved for way to make 22 Viacom implement. as 23 Theres another is distinction well legally which complex 24 is music content because of the perhaps of uniquely 25 number overlapping and sometimes 71 12/17/2009 Walker Kent WALKER inconsistent wide number rights of KENT 115-0003 sssocisted rights the with that the in it. There are different are owned by the performer the labels and each the of creator publishers the Europe multiple not. et collecting those societies can cetera entities and own rights which sometimes align As result of sometimes do there are that which complexities the associated 10 with that been believe Audible in terms the of Magic the system had optimized of for the both 11 technological of operation system and designed to 12 assembly all it. database the which was track with 13 of the complex music rights associated 14 15 As was the name at Audible least Magic that itself suggests it 16 music MR. tool was my understanding. take 17 SCHAPIRO Lets lets break 18 for five minutes. THE Off 19 VIDEOGRAPHER the record. taken. The time is 1047. 20 21 Recess THE On MR. 22 VIDEOGRAPHER the record. Mr. The time is 1057. 23 24 DESANCTIS Walker before for we me just 25 took short break you were describing certain 72

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