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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ANDREW A. H. P. SCHAPIRO D. JOHN _____________ Figueira 140 Den. Tab MANCINI INGBER LLP MATTHEW BRIAN 1675 M. WILLEN MAYER BROWN Broadway New York New York 10019 212 506-2500 DAVID H. L. KRAMER REES H. RUBIN MAURA MICHAEL BART E. VOLKMER WILSON SONSINI GOODRICH 650 Page Palo Mill ROSATI P.C. Road Alto California 94304 650 493-9300 Attorneys/or Defendants and Google YouTube Inc. Inc. YouTube LLC STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED and BOURNE CO. al. et on 07 Civ. 3582 related case Behalf of themselves Situated and all others similarly LLS no. 07 Civ. 2103 LLS Plaintiffs v. DEFENDANTS HIGHLY CONFIDENTIAL RESPONSES AND OBJECTIONS TO PLAINTIFFS SECOND SET OF INTERROGATORIES YOUTUBE INC. YOUTUBE LLC and GOOGLE INC. Defendants. HIGHLY CONFIDENTIAL or Recommended for You features on the YouTube website and if so state which feature and 140-0002 when it was featured. RESPONSE TO INTERROGATORY NO.4 SET objects to this interrogatory to the YouTube extent it seeks information that is not readily accessible to YouTube without excessive burden and cost. YouTube objects to this interrogatory as overbroad oppressive harassing and unduly burdensome to the extent it seeks highly detailed information. YouTube objects to this interrogatory because it seeks information that is neither relevant to the claims or defenses in this action nor reasonably calculated to lead to the discovery of admissible evidence. YouTube objects to this interrogatory because it is compound and because the number of its distinct subparts exceeds 25. YouTube objects to this interrogatory it is vague and ambiguous including in its use of the terms promoted featured and when it was featured. Notwithstanding and without waiving any of the foregoing objections or its General Objections Youlube responds that based on the information reasonably available to YouTube have the only videos identified by Plaintiffs as an alleged infringement of work-in-suit that ever been promoted or featured by YouTube are the following Video ID Feature Date homepage Featured about Sep. YYeJEFa-xCA HPB9tq7f 1k YouTubc YouTube On On or 19 2006 17 2007 homepage or about Feb. INTERROGATORY NO.5 SET Identify the categories of information Defendants have prompted or required YouTube users to provide when they upload video to the YouTube website such as title tags 10 HIGHLY CONFIDENTIAL description category etc. and describe how those categories of information including 140-0003 but not limited to whether those categories have been prompted or required have changed over time. RESPONSE TO INTERROGATORY NO.5 SET objects to this interrogatory to the YouTube extent it seeks information that is not readily accessible to YouTube without excessive burden and cost. YouTube objects to this interrogatory as overbroad oppressive harassing and unduly burdensome to the extent it seeks highly detailed information. YouTube objects to this interrogatory because it seeks information that is neither relevant to the claims or defenses in this action nor reasonably calculated to lead to the discovery of admissible evidence. YouTube objects to this interrogatory because it is compound and the number of its distinct subparts exceeds 25. YouTube objects to this interrogatory because it is vague and ambiguous including in its use of the terms YouTube provide users whether categories of information prompted or required YouTube users to those categories have been prompted or required and changed over time. Notwithstanding and without waiving any of the foregoing objections or its General Objections YouTube responds that based on the information reasonably available to it at present in addition to the information YouTube collects from its users upon registration and at various other times and places during their use of the YouTube service YouTube has collected the following unverified information from general registered users upon the upload of videos beginning approximately on the dates indicated Information Collected From Users When Uploading Video Approximate Collection Date Began provide provide provide option option keywords title 2005 2005 2005 video as description to to select set 1-3 categories e.g. autos how-to etc. 2005 2005 video private II HIGHLY CONFIDENTIAL Information Collected From Users When Uploading Video Approximate Collection1 Date define option option option option option option option option option option to to to to to to to to to to list of contacts 1-3 to share with if private to just video category 2005 2006 approx. June 2007 approx. August select categories language changed specify specify specify disallow disallow disallow disallow disallow disallow video location video recorded video using Google Maps 2007 approx. June 2007 approx. June 2007 approx. June 2007 approx. June 2007 approx. June 2007 2007 2007 approx. June approx. October approx. November date on which was recorded comments ratings or moderate comments or moderate responses embedding viewing on mobile phones ratings comment YouTube information through is not currently aware of further changes registered that were made to the categories of video upload of collected by YouTube from general users at the time June 2008. Dated New York NY Andrew A. H. P. Schapiro John Mancini Ingber Matthew Brian M. D. Willen MAYER BROWN 1675 LLP Broadway 10019 New York New York 212 David Maura 506-2500 H. Kramer Rees H. Michael Rubin Bart E. Volkmer WILSON SONSINI GOODRICH 650 Page Palo Alto Mill ROSATI P.C. Road California 94304 650 493-9300 Attorneys for Defendants You Tube Inc. Inc. YouTube LLC and Google 12 HIGHLY CONFIDENTIAL 140-0005 VERIFICATION Jake McGuire have read the foregoing Responses the and Objections therein to Plaintiffs Second Set of Interrogatories. am inlbrmed and infoimation believe that answers are true and correct to the best of my knowledge and belief based on information currently available to me and on that ground veri them. declare under of perjury penalty under the laws of the United States that the foregoing is true and correct. Dated January 2010 Jake MeGuire mcguireLowuloadsattorneyelientprivilegetlMcGuire Verification re VT Secand Set Interrogatory Responses.DOC 395

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