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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og1e PrOs enter Press R1nse lage of 3. Figueira Den. Tab 134 ogie Home Press Center 134 Google To Acquire Will YouTube New for $1.65 Billion in Stock Combination Press Create Opportunities for Users and Content Owners Center Everywhere MOUNTAIN esources VIEW for Calif. it October has agreed 2006 to Google Inc. NASDAO G000 the from Google Ofl Lii announced media today that acquire YouTube original consumer ec Liirectory company experience people to watch $1 and share videos through transaction to Web the for 65 billion in stock for-stock L00gj vkier Following its acquisition YouTube and will operate independently preserve successful brand passionate community. Media Room The video acquisition Avards Permissions combines one of the largest and fastest expertise growing in online entertainment communities with Googles for organizing Internet information and creating will new models focus on in advertising better on the more and The videos distribute Products Technology Guides combined companies providing uploading professional comprehensive sharing to Product Information Reviewers experience for users interested and will offer new opportunities theirworkto reach vast watching content for owners new audience. The YouTube Related Gooole Software Product Labs Principles Info team has built an exciting and powerful media platform that complements Googles of mission to organize the said worlds Eric information Chief and make it universally Officer accessible and useful Schmidt Executive Google first Our companies are share similar values to we both their always put our users Related Corporate Info and are committed partners innovating to offer to experience entertainment Together service we to natural content compelling improve media Milestones Executive Bios users owners and advertisers. Governance Privacy Policy Investor Relations has played Our community vital role in the way that people changing new clip culture consume media creating By joining forces with Google we can benefit from its global reach and technology leadership to deliver more comprehensive opportunities for entertainment our partners that with experience said this for our users and and to create new of Chad Hurley CEO we the II Co Founder the flexibility YouTube resources for confident partnership have and needed platform serving pursue our goal of building media worldwide. to next-generation When identity the acquisition is complete and YouTube will retain its distinct brand video all strengthening complementing to business YouTube employees advertiser its will will continue Googles own fast-growing be based in San Bruno CA and will YouTube technology to build With Google remain with the company and global reach YouTube relationships of the worlds continue for on success as one most popular services video entertainment. The number of Google shares to be issued in the transaction price will be days determined prior to based on the 30 of the is day average acquisition closing two trading have completion the transaction which expected to the Both companies closing subject to customary quarter of 2006. conditions approved and is close in the fourth Webcast and Conference Call Information http hwww google Lom/llltlenprCsS/pressrel/gOogle outube html 2/19/2010 Gtogle PrOs enter Press R1nse Page of 3. The company Time the will host Eastern conference call to and webcast at 130 p.m. Pacific 430 Time dial of today discuss the acquisition conference call please 800-289-0572 call will domestic until and11 midnight To access -5543 internationally replay the be available and 719 Monday October16 Confirmation at 888 code 203 for 1112 the domestically is 457 0820 internationally replay 2260624. live audio webcast poop Is. of the conference call I. will be available at htto//investor. comfwebcast. htm About Google Googles the world students all Inc. innovative with Larry search technologies every day. Sergey Google Brin connect in millions of people around Ph.D. property provides the overall with in information Founded Google 1996 is by Stanford Page all and today top web major global of markets sizes for targeted advertising while in program enhancing Silicon businesses vi measurable 000gle is results web expenence users headquartered and Asia Valley offices visit throughout the Amencas Europe For more information www.QoogI.pQm. About YouTube Founded people to in February and 2005 YouTube share original is consumer media through company for watch videos worldwide to Web clips experience YouTube allows people easily Intemet than upload and through 100 million share video websites video ________________ on wwwYouTube mail com and currently across the delivers blogs and YouTube 65000 destination more views every the day with leading new videos uploaded on the Internet for daily and it has quickly become video entertainment. Caution Concerning Forward-Looking Statements This document of includes Private certain Securities forward-looking Litigation statements Act of within the meaning the Reform 1995 including their statements services integration the plans to regarding Google sand YouTube and for ability to improve create plans new business models the content closing owner of the opportunities acquisition are Inc. expected timing the and based and operate YouTube expectations uncertainty independently These statements of Google Actual on the current are vary subject to or beliefs of management in and changes or circumstances. by the results herein may materially to from those in expressed implied statements technological for due changes factors economic failure to business receive the in competitive and/or regulatory acquisition failure to regulatory of traffic approval the site failure to retain levels this on the YouTube and compete successfully highly competitive rapidly other factors changing affecting marketplace the operation the failure to retain key employees businesses and Google of to of the failure respective of Google work and together in YouTube effectively. filings and More Google YouTube with the detailed information about these factors and may be found Exchange Report on no by as appl cable their Secunties recent Commission 10 including respective most Annual is Form to and Quarterly Report on Form 100 Google to under obligation their and expressly disclaims respective information forward future looking any obligation statements whether or otherwise. such update as or alter of result new events Press Contacts Media Google Jon Murchinson Investors Maria YouTube Julie Media Shim Supan http hwww google Lom/llltlenprCsS/presSrel/gOogle outube html 2/19/2010 og1e PrOs enter Press R1nse lage of 3. 650.2534437 650.253.7663 650.685.6401 pressyoutu be.oom 11 201 000gle Home About Gooae Were Hiring Site Mao http Lwww google Lom/llltlenpress/pressrel/google outube html 2/19/2010

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