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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12/16/2009 Weingarten Oliver UNITED FOR THE STATES DISTRICT DISTRICT OF COURT SOUTHERN NEW YORK VIACOM PARTNERS INTERNATIONAL COUNTRY INC. COMEDY MUSIC. FigueirdDecl.Tab 124 TELEVISION PICTURES INC. PARAMOUNT and CORPORATION BLACK ENTERTAINMENT TELEVISION LLC Plaintiffs vs. NO. 07CV2103 YOUTUBE and INC. YOUTUBE LLC GOOGLE INC. Defendants. 10 11 THE 12 FOOTBALL ASSOCIATION BOURNE PREMIER et LEAGUE on LIMITED of CO. and al. behalf themselves all 13 others similarly situated 14 vs. 15 Plaintiffs NO. 07CV3582 YOUTUBE 16 INC. INC. YOUTUBE LLC and GOOGLE 17 Defendants. 18 VIDEOTAPED TAKEN ON DEPOSITION OF OLIVER WEINGARTEN WEDNESDAY OF 201 DECEMBER BROWN 16 2009 LLP 19 AT ThE OFFICES MAYER INTERNATIONAL BISHOPSGATE 20 21 22 23 24 25 LONDON JOB NO. EC2M 3AF UNITED KINGDOM 18278 196 12/16/2009 Weingarten Oliver Q. Did you understand tell in that League of the let me ask in it Did YouTube Premier trial that video to order to participate technology the it fingerprinting content to that would need licence YouTube MR. SHAFTEL A. Objection. did said said at They They They who meeting prior to this date. Q. what that had the A. technology was being offered to 10 those they commercial partnerships are you with. 1040 11 Q. Which What Was technology you specifically digital referring technology. or to 12 A. term the as fingerprint 13 Q. that video fingerprinting technology was 14 that A. something Are we else digital and 15 classifying as video fingerprint 16 technology Q. the same thing about was the the 17 am talking specifically that YouTube of video some of 18 fingerprinting these MR. technology subject 19 cmails Objection to to is 20 SHAFTEL A. form. the 1041 which is 21 That me video still digital 22 fingerprint Q. technology. question the to 23 So the that is did YouTube ever tell Premier would only 24 League be video fingerprinting if technology 25 available Premier League Premier League licensed 246 12/16/2009 Weingarten Oliver content A. to Youlube 124-0003 Yes. 01K. MR. SHAFTEiL Q. When Prior Do was to that this said email exchange in meeting. that A. Q. you remember specifically when meeting occurred A. think And who it was about to of February 2007. Premier League representatives from Q. said that 10 A. There at are the number meeting. Google and it 1042 11 YouTube may have Q. believe Walker. recall Mr. from recollection 12 been Patrick do 13 What exactly you Walker saying had 14 A. recollect for him saying who had Google/YouTube commercial YouTube. the technology or 15 available commercial Q. those partnerships 16 partnership you to with 17 And did about understand be technology that he was or 18 speaking some MR. video fingerprinting technology 19 other technology Objection. 20 SHAFTEL A. 1043 it 21 We Did understood you to be that video fingerprint actually technology. had 22 Q. understand technology YouTube in video 23 fingerprint MR. available February of 2007 24 SHAFTEL A. Objection. 25 We certainly asked the question and YouTube said that 247

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