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)
<![CDATA[
8/12/2008
Gillette Heather
UNITED
FOR THE
STATES
DISTRICT DISTRICT COMEDY
OF
COURT
SOUTHERN
NEW
YORK
Figueird
Derl.
VIACOM PARTNERS
INTERNATIONAL COUNTRY
INC.
Tab
MUSIC
32
TELEVISION PICTURES
INC.
PARAMOUNT
and
CORPORATION
BLACK
ENTERTAINMENT
TELEVISION
LLC
Plaintiffs
vs.
NO.
07CV2203
YOUTUBE
and
INC.
YOUTUBE
LLC
GOOGLE
INC.
Defendants.
THE
FOOTBALL
ASSOCIATION BOURNE
PREMIER
et al.
LEAGUE
on
LIMITED
of
CO.
and
behalf
themselves
all
others
similarly situated
Plaintiffs
vs. NO.
07CV3582
YOUTUBE GOOGLE
INC. INC.
YOUTUBE
LLC
and
Defendants.
VIDEOTAPED
SAN
DEPOSITION FRANCISCO AUGUST
OF
HEATHER
GILLETTE
CALIFORNIA
TUESDAY
12 CSR
2008
BY
CSR JOB
ANDREA LICENSE
NO.
M. NO.
IGNACIO
9830
HOWARD
RPR
CLR
15481
8/12/2008
Gillette Heather
GILLETTE
Three four months or after four you
32-0002
approximately joined
is
three
or
your
best
recollection
Approximately.
Okay.
And
--
and
when
the
Live did
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Site
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was
initially formed
how
many
of
people
have
in had
Yeah
gradually.
10
we
we got
course
brought
then we
people
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had to
one
about of
and
two
and
then
at
think
at
up
five
approximately
11
that And
early
stage
development.
12
you
mentioned
to
think
that
that
the
Live
13
Site
Team
responded
by the
videos
were
quote
14
flagged
community
correct. did
15
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And Our
16
what
you
mean by
can flag
that
video
that
as
17
our site
users if
its
18
called
on
the
they
suspect
and our
so
its
sends Team.
19
potentially something
to
inappropriate
us.
flagging
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20
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can any
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21
And
can if
YouTube
in.
user
flag
video
22
Yes
And
they
is
are the to
logged process
23
what
that
user
would
24
actually
go So
through
from the
flag
video
you can
25
page
where
watch
an
94
8/12/2008
Gillette Heather
GILLETTE individual interface
32-0003
video
that you
there can
as
is
mechanism
and
there
in
the
select
its
and flag then
button. from there
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you
labeled
can
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down
your and
you
narrow
of
through
hit
decision
through
sort
tree
Submit.
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what
happens
after
the
user
hits
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10 It
goes the
to Live
my team virtually
Site
immediately.
11
To
Team way
not just
12
Correct
and
by the
said
My
13
team
Sorry.
but
as
of
Friday thats
my team
anymore.
14
15
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then
what
does in
the
Live
Site
Team
do
with
16
flag
that
comes
from
the
user
for use terms of use
17
They
review
those
videos
of
18
violation
Do
noncopyright they review
terms all the
violation.
that are
19
videos
20
flagged
Yes.
Do
21
22
they
--
review
the
videos
in
their entirety
23
No
24
Okay. not
25
necessarily.
95
8/12/2008
Gillette Heather
GILLETTE
For entire
32-0004
what
reasons
would
they
not
review
the
video
Volume
and the pace
at
which
we
have
to
keep
up.
But entire
they
may
in
certain
instances
review
an
video
They
In
may have
correct. that
the
instances what
do
at
they
dont
review
the
10
entire
video
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they
do
We the
is
11
look that
thumbnails. represent
of
now
have
up in
to
12
46
thumbnails
And the
can
content
13
video.
then
there
also
course
information regard
to the
you
14
know video
The
user
has
entered
and then also
with
15
like
in
meta the
tags
theres
shows
description. many details
16
flag
information
17
basically. Can audio
18
they
also
are
they
able
to
hear
any
19
thats
If
associated
choose just the
with
it
when
at
20
they
to
yeah
they watch thumbnails
it.
21
If
theyre
hear
looking
the
22
can
they
also
No.
audio
23
24
So
if in all
member
or in
of
the
Live for
Site
Team
reviews are
25
the
video
part
what
purpose
96
8/12/2008
Gillette Heather
GILLETTE they they
To
32-0005
reviewing
if
it
there
determine
terms
is
is
in
fact
or if
it is
noncopyright something
18
of not
use
violation
for
that
intended
anyone
younger
than
or
not
appropriate. what
--
And
what
of use
would
be
examples
that
of the
the Live
noncopyright
Site
10
terms
violations
Team
reviews
for
Sure. Child
11
pornography abuse
snuff and
adult
pornography
school
child
12
abuse
animal
suicides
videos. these
shooting
of
13
threats
horrible
across
murder
Think
are
anything
that we come
14
basically
also
things
15
and Are
police. any
16
there of
members
or
at
at
any
time
were
there flag
17
there
members
of
sorry
who
any
time
were
18
employees
YouTube
would
review
videos
and
19
them
Employees
and flag of
20
YouTube
who
would
review
videos
21
them
As part of
22
their job.
and flag
23
Review
As
videos
to
them
Thats
what
24
opposed
community.
Im
25
getting
at.
97
8/12/2008
Gillette Heather
GILLETTE
Yeah. There
32-0006
definitely
the most
were
atages pages to our
where
see
we if we
would
could
look find
through
popular
violations.
Basically
assist
community.
Why through
the
--
why
did
--
why
pages
did in
you
just
look
most let
popular
me of
those let more me
instances
let me of
Well
give
10
actually
one of the
you
an
example
pages. used to
important
the
popular
We
11
to
have
and page
dont
remember
if
we
still
12
do
and just
we
used
called
Recently
Added
that had
13
that
page
was
actually
right. these
literally videos
14
been
So
uploaded
because
there
15
had lot
just of
been
time
So
uploaded
for
the to
16
community
have caught
wasnt
people
was to
17
violations
yet
right. there
this
18
very
some and
potentially very bad
we
very
were
going
to the
be
19
violations
to catch
here
visible
public
So
20
wanted
those
really quickly. primary
21
thats
It
thats
that.
So
actually
really the
example.
22
was
23
not
necessarily
the
most
popular
but
the
24
recently
added
So
videos
are the pages
25
these
where
we
so
when
98
8/12/2008
Gillette Heather
GILLETTE
say These several that of them. Let How me ask about those that.
32-0007
most popular
are the pages
Im
that
sorry. we
Thats
not
accurate. We had
highlighted.
pages
that
Recently
kind of
Added
We
Most Viewed
had like four or five
thing.
you
how
were
pages
selected
by
YouTube
10 MR.
SHAPIRO BROWNE
did on
--
Objection
It
vague
ambiguous.
11
MR.
was. did
Withdrawn.
select
12
How
how
YouTube
which
13
videos
to
put
the
most
Recently
Added
page
for
14
instance Well
these things the
15
they were
can
there tell
was
no
human
These
making were
met
16
suggestions.
that
you
that. had added
17
were
that
there
because were
some the
they
they
or
18
criteria would
they
recently
sort most
most
19
viewed
simply be where
up
of
you the
know
ones that were
20
bubbleup
most
process showed
who
21
viewed
And
there. who was
22
was the
responsible by which
these
if
you
23
know
for
setting
criteria
24
determinations
Could
were
you
made
that
25
say
again
99
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