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)

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eBay Itc. eBayConwietes ayial Acqtdsitiozt lage Of2 Figueira Den. Tab 133 133 Share Print Download ethay San Cc.nip.kM.es Octtber previously PayPa eBsy Inc.the acquisibon of Acquisii.ion workfs PayPal oniine Inc JoSeCP ts At 320Q2. announced of ntsrketpice completed platform Nasdaq was than Nasdaq EBAY wJ.e.tay.cbni. PYPL wnwpaypal corn the global by holders voting of today payments todays shares meeting of PayPal stockholders stock the transaction mcre approved of approximately 65% of the outstanding PayPal common representing 99% the shares In addition PetstThisl global online announced payments todny.thdt will hs haS of resnsd. Thiels aSFayPnIsCEO .Ma Bnnnick. eBaissenibrviOe president assume all responsibillbes. In acOodnnce PayPal in with theterhs of ths trattsactibh transaction ts nrinounced using fixed on July82002. ratio eBayaOrtited of all of the butstanding for Shntos of tax-free on stock-for-stock exchange 0.39 of an eBay share each PayPal share. Based eBays.averageclosing is stock at pricel overthe Si oeriod billion twodays According before.and.after to current theacquisitionwas the announced purchase the transaction valued approximately estimates .costs recognized .p.riceisalso..expecteto incl.ude.approxFmatelyS17 mi.Ilion .foracquisitionrelated As the company service. previously announced by Bilipoint will PayPal will continue to operate of its as an independent in brand. half of eBays 2003 current payment gaming eBay will Payments be phased complete of the phase-out operations thefirst PayPaVs business out by the end 2002. fourth Based Ouarter2002 on Financial Impact including in eBay current expectations the phase net revenues as out in of PayPal fourth gaming quarter of business eBay expects with that PayPal results will incrementally the fourth contribute of $80 to $84 will million report until the 2002 Beginning will financial for quarter 2002 of eBay Payments separate segment This segment is in include PayPal operating results as well Billpoint as those is Billpoint to the phase out of Billpoint operations $6 million in cvmplete the fourth Based quarter on of current integration plans expected generate approximately revenues 2002. eBay net expects that the acquisition will incrementally contribute approximately on $6 million to eBays consolidated pro forma income for the fourth quarter in of 2002 for As previously amortization of indicated intangible GAAP earnings stock per share EPS basis including approximately to $14 million charges be dilutive. assets and based compensation eBay continues expect the transaction to 2003 FinancUal full Impact For the .$310 year 2003 eBay currently expects from that net revenues for the Payments basis segment eSay will be approximately tfrat $300 to .in million will which between in.dludes .net.revenues billion Biilpoinit na.consolidated now..expects net.revenues 2003 be $1.77 and 31.83 billion In addition will eBay continues to to believe that for the full year 2003 the acquisition wfll be slightly accretive to pro forma EPS and be dilutive GAAP BPS AbouteBay eBay is the worlds by online marketplaceTM. Founded individuals in 1995 or eBay fxed created powerful given platform for the services thou.sands and passionate ofcategoriesfor community sale on of and .auction businesses. On any day eBay there enab.les are millons of trade on .a sale of goods and items across locaE natlona.l eBay through sites in price formats. international basis with customized markets around the world AboutPayPal PayPal enables any business or consumer buildson with email to send and receive i.nfrastru.cture Internet of payments securely conveniently credit and create .cost-.effecfive.ly PayPars nSto.rk the..ektsting financial bank accountsand cardato http//investoLebay. com/releasedetailcfmReleaselD9 1641 2/28/2010 eBay Inc. eBay Completes PayPal Acquisition Page of global payment States. system. Based in Mountain View California PayPal is available to users in 38 countries including the United 133-0002 Forward LookUng Fimted Statement contains forward-looking regarding statements that involve to risks This announcement are not and to per and uncertainties. Such statements include income and the but statements share of estimated and contributions the combined companys from of revenues operating costs earnings from eBay out of PayPal Billpoint. eBay Paymerts results by Biflpoint differ estimated acquisitionrelated those discussed. of expected cause timing the phase to Actual but could limited materially the reaction Factors that service to the could or contribute the such differences of will incEude are not the to the users each and transaction integration differences with future growth closing the PayPal prove service difficult indivduaI expected. to risks faced by each factors company that the or possbHity contribute that to to its following relating more incEude than Additional could cause of such deal to eBays business eBays for online need manage to an increasingEy broad and range businesses even as the increasingFy offerings competifrve and geographies to environment tradrg site of manage and as well reguatory to Htigation its risks to product expand to to maintain outside sites stabiFity continue expand and mod newtypes success of of merchandise features success and other and sellers continue to expand the U.S. and as the timing for advertising commercial by the ventures new and of functions added the companys partners the price demand offered joint company and the the companys commercial commercia and the costs of announced about on potential factors filed and which prospective could acquistons transactions. in More information affect eBays business on financiaE for the periodic resuEts is included the Registration Statement QuarterFy Form 3-4 on by eBay fts eBays Annual on Report Form 10-K other year ended and December 31 2001 AU its Reports Form 0-Q Current information Reports Form 8-K and to filings prospectuses. forward-looking to statements such are based on avaiFable eBay on the date hereof and eBay assumes no obligation update statements. http//investor.ebay. com/releasedetail.cfmReleaselD9 1641 2/28/2010

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