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)

UNITED
FOR THE

STATES

DISTRICT DISTRICT
OF

COURT

SOUTHERN

NEW PORK

VIACOM

INTERNATIONAL INC. COMEDY COUNTRY MUSIC PARTNERS TELEVISION INC. PARAMOUNT PICTURES and BLACK CORPORATION ENTERTAINMENT TELEVISION

FigueirdDecI.Tab 18

LLC

Plaintiffs
vs. NO.

07CV2203

YOUTUBE INC. YOUTUBE and GOOGLE INC.

LLC

Defendants.

THE

FOOTBALL

ASSOCIATION

PREMIER
et all

LEAGUE BOURNE LIMITED CO. behalf of themselves and on
others

al.

similarly situated Plaintiffs

vs.

NO.

07CV3582

YOUTUBE GOOGLE

INC. INC.

YOUTUBE

LLC

and

Defendants.

VIDEOTAPED
SAN

DEPOSITION

OF

MARYROSE

DUNTON

CALIFORNIA FRANCISCO AUGUST FRIDAY 22 2008

BY
CSR
JOB

ANDREA LICENSE
NO.

M. NO.

IGNACIO 9830

HOWARD

CSR

RPR

CLR

15500

84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12:16:14 12:16:15 12:16:18 12:16:22 12:16:26 12:16:35 12:16:46 12:16:48 12:16:49 12:16:50 12:16:52 12:16:55 12:16:58 12:16:59 12:17:03 12:17:07 12:17:13 12:17:15 12:17:17 12:17:21 12:17:24 12:17:25 12:17:31 12:17:33
A DUNTON content," what do you mean? A I mean content that looks to be It's glossy. It's not what

professionally produced.

we would define at the time as user-generated content. Q fired." A correct. Q A Q He didn't fire you; did he? Steve Chen did not fire me. Okay. Then you respond "oh, what I meant to Okay. Steve then says "maryrose, you're

But that was in gest; correct? I imagine it -- I imagine it was in gest,

say after I found that 70%, I went and flagged it all for review." What does it mean to flag it for review? At the time, it meant it goes into a queue

that somebody at YouTube reviews. Q A Reviews for what purpose? They can review it for many different Things are flagged because users find them Anything that users feel break our

purposes.

inappropriate. Terms of Use. Q Okay.

But you did not flag it all for

review; did you? A I don't know. I don't believe I flagged the

DAVID FELDMAN WORLDWIDE, INC. 805 Third Avenue, New York, New York 10022 [phone]

85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12:17:39 12:17:43 12:17:50 12:17:51 12:17:53 12:17:54 12:17:55 12:17:58 12:18:00 12:18:05 12:18:10 12:18:12 12:18:14 12:18:15 12:18:17 12:18:24 12:18:25 12:18:38 12:18:42 12:18:45 12:18:48 12:18:52 12:19:00 12:19:01

DUNTON videos I saw on the most viewed for review. Q Okay. This is a joke; right? You're being

sarcastic -A Q A Q A Q Which part? -- in the IM? Which part? That you went and flagged it all for review? I'm probably being sarcastic, yes. And Steve writes back "Oh! Of course."

He's being sarcastic back; correct? MR. KRAMER: THE WITNESS: sarcastic or not. MR. DESANCTIS: Q. Do you think he actually Calls for speculation. I don't know if Steve is being

thought that you flagged all 70 percent for review? A Q I don't know what he thought. Okay. Was there a flag for copyright

infringement in 2006, in February of 2006? A Q A Q A Q On the YouTube.com website? On the YouTube -- yes. On the user facing -As an admin tool. I don't recall. Okay. Was it the practice of employees at

DAVID FELDMAN WORLDWIDE, INC. 805 Third Avenue, New York, New York 10022 [phone]

89

DUNTON
18-0002

122241 122241
122243 122244 122248

her

testimony.

MR.

DESANCTIS

It

doesnt

mischaracterize

the

testimony

at

all.

You

then

say site

because

weve
of

got

to

work

towards

having

100%

free

copyrighted

122251
122254 122258
10

material

ya

know.
were sarcastic there

You

being

again

werent

you dont
said
we we used know
if

122302

was

being

sarcastic.

As

11

122306 122311
122314 122317 122322

the

terms

copyrighted
terms quite

and

premium

12

exchanged

those

two

bit.

13

thought

it

was

yes
to

this

is

true.

14

didnt
100

think

it

was

possible

have

site

15

percent

free

nor

why

would

we

want

to

of

16

122326 122329
122332

premium
premium

of

professionally

produced

content.

We

had

17

professicnal

produced

content

since

the

18

beginning

of

YouTube.

19

122339
122344 122347 122355
12 to

So

then

so

then

when

you

said

Weve
free of

got

20

work

towards

having

site

100

percent

21

copyrighted

material
or

are

you

telling

us

now

that

you

22

meant

that

that

you

were

being

sarcastic

23

24 00 24 01
compound.

MR.

KPAMER

Objection

the

question

is

24

12

25

122402

THE

WITNESS

dont

remember

this

chat

DAVID FELDMAN
805 Third Avenue

WORLDWIDE
New
York 10022 212705-8585

New

York