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)

30

To From

Jenny Huang
Heatt-er
GiitettV

enhuar@goo.e
4igdlette@google

corn corn

Cc
8cc
Received Subject

Date

2007-03-05

164716

CST

Re

Content

Jenny Dont answer
that.

Thanks.

Heather

on

3/5/07

Edward

Muncey

corn uncey@

ut corn wrote

Thank

you Jenny for your efforts.

Would

you

be so

kind
it

to

cont

cm the average
sLbrnitted

time

it

takes

to

remove

an

Item of content Venficatton thought
it

after

has teen

through

the Content

Tool

was
if

supposed
over
that

on the weekends at night and dunng business to be within minutes after submitting
the weekend cickly. or ate at night
but

hours

regardless
its not

Its

Im

noticing

happening

Im probably causing
that after

headache
subrnitted for

have

already

for you guys when Im clicking on videos down removal yet have not been pulled

few hours
thorn

after
in

the onginal the event

submission

In

those video

cases
that

submit

again

they are the

same

has

been

re-Loaded Thank Edward

you

so mucht

----Original

Message----Service

From Sent

Copynght

copynght@support

youtubacorn

Monday

March

05 2007

802 AM

To

Edward

Muncey
Content

Subject

Re
Muncey

Dear

Mr.

Thank

you very

much

for

your notification

the content

has been

removed.

Sincereiy

Jenny

The YouTube

Team
Follows

Original

Message

From Edward Muncey
Subject

[e-mail]
Content

RE
Sun
Mar 2007

Date

194546

4800 DATE
DEpoNENT EXHIBIT

LLWt
ci
at..

I-4gniGQ
ci..

CASE
Case A.

Viacom

\ouiiihc.
ci

The

Football et
ci..

Aceociation

Premier

Lcague/ and

t.

Vrnifube

os 09CVL22fl3
lgnaeio

Howard

0_CV2582 Cl/It RPR CSR It

9830

UigtUy

confidential

e0000l00041715

30 -0002
Heflo

Jenny Copyright

Infringement

Team
for

sbmrtted the videos Vertation
your site learn
tool rn

listed

below

removal

throngh

the Content
still

more then you

an hour
this of

ago
in

The videos an
effort to

are

up on
your

sending

email

request that

eedite

the removal

the videos

from

your website

as the videos

are infringing

on our copyrights

Tim
blip

Sylvia

burps

Ilwww youlube

com/watch1vSCGYeZ

nLOE
Fighting

UFC 68 Randy

Couture

vs.

Tim SyMa United

Champion

http/Iwwwyoutubeconi/wachvo7lzft.Ba7wA

Couture

43

beats

SyMa

for

heavweighl

title

part

http1/wwwyoutubecomIwatchvQE7AhAmZ9TE
Randy
Couture vs urn S4via

httpllwww.youtube.corntwatchv5oSaIQZq9AU

sick

ufc

tight

httpI/wwtyodubacom/watchwwHRP1
tim
ailvia

PxHXAE

vs randy

catoure

httpllwwwyoutube.com/watchvcM6XKpolnOo
Couture
http

43

beats youtube

SyMa

for

heavyweight

title

part

/Iwww

com/watch9vUpS2rRl

KwAE

expect
night.

there
will

will

be more videos
to that

uploaded

this tool to

evening

and

into

the

continue

use

the verification

request that

you

remove the videos Thank Edward
in

are infringing

on our

copyrights.

you

advance

for

your assistance.

VP New
Zuffa Ultimale

Muncey Media

Technology

LLC
flghting

Championship

702

22t -4760

emurceyWufccom

-----Original

Message
Service
frnaIto

From
Sent

Copynght

To

March Sunday Edward Muncey

04

2007

copynght@support 48 PM

youtube

comj

Subject

Re
Muncey you very much
for

Content

DearMr.

Thank

your notification

the content

has been

removed.

Sincerely

Highly

confidential.

00000l00041716

30 -0003

Jenny

The Voulube

Team
Folfows

Original

Message

------

From tdward Munceyz
Subject

cernircey@ufccorn

RE
Sun

197701

85

Content -0800

Date

Mar2007

115237
you
of for

Hefto

Jenny and thank

your emaiL

We

have

filled

out

all

the necessary
that is infringing

have content
you should
typically

removed
have

over paperwork on our copyrights.

year ago Therefore removal.
in

to

been

able to process
Verification this

my

requests
but

for

We

utilize

the Content
to

Tool

as noted

separate

ema
videos content

very early

morning your
the extra

tool

was

not

working

appropriately
infnnging later the

Therefore
in is

took

step to outline

the
five

an
still

email with the
live

URL

and the

title

and

hours

on your websile.
clock
tool

With you

every through
to

one

of

our events Vent

like

work
and

we

submit our videos

to

the Content
Gillette to to

cation

have

been submitting

them

Ma

help expedite

the removal.

directly

on Sundays enough
ask
to

have

the content
call

even call her removed and she has been
to

gracious

take

my
pull

and

help the content
is

be

removed
In

immediately.

understand
that
will

Ms.

Gillette

out

of

the country content
that

her

absence
idertif red

you

down
to

the infringing through

have

and

contirue

identify

the day

see

that

the Content
all

Verification that

Tool

Is

now

up

and

runrJng.

have

re-submitted

of

the videos

are infringing

on our content
immediatety

and
your

once

again

ask that

you remove them videos

from

website

Im
have

certain to

rnfnngrng with

our fristratIon you can understand be spending time taking down content on our content Assailing you know

knowing from

we

shouldnt
that
is

your website

how much money
content

we spend

your
it

company
is

ask

that

you

filter

out

the infringing

before

posted.

Thank Edward

you Muncey Media
Technology

VP New
Zuf Uttimate

LLC
Fighting

Championahipr

702 2214760
[e-mail]

Original

Message
Service

From

Copyright

March04 Sent Sunday To Edward Muncey Cc Heather Gillette

2007

1029AM

Highly

confidential.

G0000l-00041717

Subject

Re
Muncey
your copyright

30-0004 Content

Dear

Mr.

We

received

complaint

dated

31312007

However

we werent
was

able to process incomplete.

your complaint

because the informa%n provided

To

file

notice

of

infringement sets forth

with us

you must provide below

written

communcation
ability

that

the items specified please use

To expedite our
format

to

process
section

your request

the following

including

numbers
detail

1.

Identify

in

sufficient

the copyrighted

work

that

you

believe

has

been

infringed

upon
at

including

the owner of the

the

work
Video

For example produced

The

copyrighted

work

issue

is

deo

titled

me
2.

My

by

Identify

the

material

that

you claim

is

infringing

the copyiighted

work
listed
in

item

above.

YOU MUST
MATERIAL
mrs requres
like this

IDENTIFY

EACH VIDEO THAT
the

ALLEGEDLY
page

CONTAINS
for that

INFRINGING

you

to

specify

URL

of

the playback

video

httpllwwwyoutthe.convwatchvQCVxQ_3Ejkg.

PROVIDING URL LINKS IN THE LOCATE CONTENT QUICKLY. URL pdentrficatron may delay the
unable
to differentiate

BODY OF AN
Sending processing fax
of

EMAIL jpg
tlt

IS or
if

THE

BEST
copy
are
of

WAY TO
your

HELP

US

cd
we

your claim

the scanned

characters

which

will

reqUre

your

confirmation

If

there are

many URLs

to

be

removed

we

encourage

you

to

sign up for

our Content
Verification

Program

at

httpllwww.youtubacornft/copyrightprogram

YouTubs

Content

Verification

Program

provides

an easy-to-use
infringing

interface

of allegedly owners may request removal bysimpIycheclergatox Afteryouhavesttrnittedashort

where content

content

onepage
the

form
in

order

to

venfy

your Identity
that

this

system
in

automatically order
of to

provides

proper This hours
is

DMCA
day

notification

we need
removal

the fastest

way
days

to ensure
year.

remove your content content from the site -24

365

3.

Provide

information

reasonably

suffident

to

permit YouTube

to

contact you

email address

is

preferred

Include of the

the following

statement

have above

copynghted

matenals

descnbed

good faith belief on the allegedly owner
its

that

use

infnnging or

web

pages

is

not authorized

by the copyright

agent

the

law

Highly

Confidential

C0000t-0004i718

30
5. Include

-0005

the following
in

statement the notification authonzed
to

swear
is act

under

penalty

at

perjury1

that

the infcvmation

accurate

and
of

that

am

the

copyright

owner
right

or

am
is

on behalf

the owner of

an

excSve
8.

That

allegedly

infringed

Provide

physical

or

electronic

signature.

Send

the written

communication

to Youlube

Email capytight@youtitecom EMAIL

IS

OUR PREFERRED

METHOD OF CONTACT
all

You may simply respond
information
in

to this email with

of

the requested

order to expedite

the processing

of

your claim.

OR
DMCA
Complaints
Inc. YouTube 1000 Cherry Aye

Second

Floor

San Bruno

CA

94066

OR
fax

650872B513

Attn

Voutube

Legal

Support

DMCA

Complaints.

Sincerely

Jenny

The Youltte

Team
Follows

Original

Message

--From Edward Muncey
Subject Content

cemuncey@ufccom 223213
-0800

Date Good

Sat

Mar 2007

evening

Heather.

wanted

to

go give you

heads

up.

Im

expecting

that

there

wili

number

of

unauthorized
tonight

deos
call

of

our
wilt

event

held this evening

posted

on Youtube
will

and

tomorrow. requesting
receipt

be emailing you The UPIJs
that with

and

follow

up with

you

putt

the videos email
first.

down

immediately

unless you

confirm

reply

On

side

note

Ive

heard

rumors videos

that

you have

new

system

that

can

identify

the unauthorized

before

they are posted

and

not

allow

fligbly

Confidential

sooO01-OOO41719

30 -0006

them

to

kve

on your website.
for

technology

us so

that

we

Woutd you be able to implement dont have to spend time emailing

that

UFUJs

Thank

you

in

advance

Edward

VP New
Zuff

Muncey Media

Technology

LW
Fighting

Ultimate

ChampionsNpr

702

221-4760

[e-mail]

UFC 66 on

Pay-Per-View

and Streamed

LIVE 31

Wodd-wide

on UFC

ON DEMAND

chttp/Mdeo.ufc.cam/content.aspOcb4d1 March
3rd

bhcpl

Saturday

10PM

El

7PM

PT

Highly

Confidential

00000i0004172