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)

712212008

Walker

Patrick

UNITED
FOR THE

STATES

DISTRICT DISTRICT COMEDY
OF

COURT

SOUTHERN

NEW

YORK
FigueirdDecl.Tab 121

VIACOM PARTNERS

INTERNATIONAL COUNTRY

INC.

MUSIC

TELEVISION PICTURES

INC.

PAR1OUNT
and

CORPORATION

BLACK

ENTERTAINMENT

TELEVISION

LLC

Plaintiffs
vs.

Case

No.

l07CV02103

YOUTUBE
and

INC.

YOUTUBE

LLC

GOOGLE

INC.

Defendants.

THE

FOOTBALL

ASSOCIATION BOURNE

PREMIER
et al

LEAGUE
on

LIMITED
of

CO.
and

behalf

themselves

all

others

similarly situated

Plaintiffs
vs.

Case

No.

07CV3582

YOUTUBE GOOGLE

INC. INC.

YOUTUBE

LLC

and

Defendants.

DEPOSITION
SAN

OF

PATRICK

WALKER

FRANCISCO
JULY

CALIFORNIA

TUESDAY
REPORTED YVONNE
JOB
NO.

22

2008

BY
FENNELLY
15375

CRP

CSR

NO.

5495

712212008

Walker

Patrick

121-0002

Whats
MR.

that

referring Objection
He made

to
calls an for

INGBER WITNESS
on

speculation.
here was that his

THE
it

indication know what

was

popular
reason

YouTube. that.

dont

specific
BY MR.

for

SHAFTEL Well
in

Q.

do

you

understand period
was

that

Premier
on

League

content
10 A.

this

time

appearing

YouTube

Yes. The

11

Premier appearing them
the

League
on

had

indicated
and for

to

us

that

12

content

was to

YouTube

which
removal on on

is

why

we

13

explained content
Q.

procedures
to its have of on

of

that

14

if

they
you

objected
or did

presence
anyone extent

YouTube. staff Premier

15

Did

you

your that

16

make

any

inquiries in
was

terms

the

17

League
A.

content

appearing

YouTube

18

dont
When
the

know.

19

Q.

Premier by the
did

League of take

in

substance

said

to

20

you

were
on

upset

amount

Premier League
any steps to check

21

material
into the

YouTube
of

you

22

accuracy
MR.

their statements Object
to

23

INGBER

form

assumes

facts

iot

24

in

evidence. THE

25

WITNESS

When

anyone

including

the

216

712212008

Walker

Patrick

121-0003

Premier League

indicates
tell if each you to

to and

me

that

their content
one
it

is

on

Youlube
is it

what

every

of

them

is why
The tools to

still

there to

dont want
have
it

there
if you

are its BY

available presence
MR.

you

removed

object

there.

SHAFTEL
And you said that to the

Q.

Premier League

officials
10 A.

Yes. And

11

Q.

what
said

did

they
we

say

in

response
meaning YouTube

12

A.

They
take
To it

that

should

13

should

down.

14

which
clips and

responded
are the must ones

you that

are

the

only one

that

15

knows

which

might be
for its

16

unauthorized
removal

you

follow

procedures

17

through

the

DMCA

process.
so

18

Ive
examples already
and

had

been

through with

many

different partners
was legal

19

circumstances
even the same

different

20

where

organization

21

counterclaiming departments

itself.

Marketing
had

departments
very

22

business
in some to

divisions

different

23

views
doing

and

cases the

didnt know what

ones

arm

was

24

relative
The

other.

25

only clear

way

for

us

to

remove

content

to

217

712212008

Walker

Patrick

121-0004

satisfy the
on

requirement specific

of use

the of

rights the

holder

was

based

their very
about

takedown
even in

notification

tools

specific
in the

URLs. past
in

And

that

case

as

demonstrated
had examples

Channel

sometimes incorrect
or

weve
they
were for

where
for

they

are

actually
of to things take to

actually
not

asked but

removal

that

in

fact

there

they
we

needed were them

responsibility provide
of

identifying
10

and to

there

them
that

guidaice
content. or have put

and

support
Q.

help not

with

removal that

11

Youre

testifying within

Premier League

12

certain
any onto

departments wanted
are

Premier

League
video

that clips

you to be

13

evidence

Premier League

14

Youlube
MR.

you
Object
to form. have evidence.

15

INGRER WITNESS

16

THE said have
MR.

dont

any

17

18

INGRER WITNESS
where actually

Let

him finish
said

his

answer.

19

THE

Ive

experienced
and this was

20

circumstances
new. over was time. The

organizations
quite

very

21

surprised

by what

learned

22

23

amount of was

of

active

submission of

content

by

24

different
rights

parts

media

companies
quite

organizations
staggering.

and

25

holders

actually

Many

218