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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Re Date From 219502792 Wed To cc Brittany White Keith Haup rich 20 Feb 2008 tYouTube Vjdeo video Identification program_clean.txt -0000 Identification support VID-support@youtube.COm YouTube 013447 bwhite@cherryLane.com corn ckhaupri ch@cherryLane. YouTube video Identification program FigUeird Den. Tab Attached is form and Please the Content ID Management Agreement. it then return to us via fax at 650.963.3367. complete this Thanks The youTube Team original Message Follows bwhite@cherryLane.com From Brittany white Subject RE Dec 2007 Date wed please see Lane MUSIC Thank the attached publishing. 105346 VouTube Video -0500 the Identification program regarding requested information from cherry you white Brittany Cherry Executive Assistant Lane Music Publishing 212561-3723 212-683-2040 fax www.cherrylane.com original VouTube Message video Identification corn 2007 From Sent support PM viDsupport@youtube. Friday November 30 Brittany white 602 To Hi subject there VouTube video Identification program video Identification Thank you for your interest in the VouTube program. to your completion of the video Identification This email is in response VouTubes announcement on October interest form following public 15 intent is to provide more information the steps required 2007. our on to the tool as well as collect more information from to obtain access help us best meet your needs. you that will Next 1. Steps to obtain Access to the Video Identification Tool your to this email with additional information Please reply regarding identifiation needs. Your answers to all the questions that video below will assess your application and are listed help us toproperly the identify necessary information legal documentation technical and training that you require account set-up about you or your organization more detailed description that you The nature of the. content to manage via the want tdenti fi cati video on tool Page Confidential 000-CI1-0001 33-0002 YouTube video Identification progranuclean.txt of videos want via the tool The number to manage you oo have to your content in certain countries rights only you will be How often to VouTube daily you providing your content Re 219502792 weekly monthly and track whether to block only or also you wish your content monetize it with us whether an licensing you have arrangement existin9 of technical What is your level expertise not technical somewhat technical have an IT department 2. once to if we sign need have the are better necessary of your understanding documents. legal in requirements you will you interested you will to matching Agreement. If uploads -in need using the tool solely to to ID sign our Content block and track Management addition appear with on content to arrangement Agreement. 3. us or blocking tracking you want to license your VouTube have and do not currently licensing will also need to sign the content License you Prior to listed below activating to ensure the that tool you training you will need to complete maximize the features of the tool website. the main YouTube.com -How to claim your content through in an online demonstration of the vouTube Content -Participation interface. Manger and Practices. -Read the Content Best Manager Documentation how to efficiently and -certify you understand appropriately manage your content. once you you will use this matching Remember the the training have signed documentation and legal completed then need to provide us with copies of your content so we can reference files and begin for to implement as your policies uploads. this is beta launch of this program. We are committed to in this program to need for participation everyone who has while we are in beta we may not be able to accommodate it. However who is interested in using the tool Please be immediately everyone we continue to patient while process your request. expanding Thank Si you again for your interest in the video identification Program. ncerely VouTube Team The St What is video Identification is video Identification new that more easily allows technology rights their content YouTube. Our video Identification owners to on manage tool identifies and allows content automatically management uploads to choose what they want done those videos whether to right holders track or monetize. block How does the video Identification tool work Page Confidential 000-CI-I-0002 Re Broadly the 219502792 YouTube video tool Identification works as program_clean3 video Identification follows reference Content content to rights holder uploads his/her YouTube. Your reference content is added to our reference database and an for each piece of content. ID file is created The ID files are then run against to YouTube. uploads If an upload matches then the policy you specified your ID file for your content is applied block track or monetize. How do upload my reference content to YouTube You will be YouTube.Com detail your your content able to upload your reference the content through if this does web uploader. not meet your needs please and we can discuss alternative requirements ways to deliver to YouTube. in to am only interested identification video if your monetizing do this my content on YouTube.com. Do need main interest is generating revenue from original or want to already uploaded upload to YouTube you for our partner program on http//youtube.com/partpro_about in our partner participation program does not require you identification tool. video youve that content can sign-up to use our HOW If can prevent other people from viewing my videos on by YouTube.com the people you like to make sure your videos are seen only visit our help center at please http//vw.goog1e.corn/support/youtube/bin/answer.pyanswer592O8 youd hand-pick content-Type Agreement dMA application/msword nameContent Identification and Management Locked 1-1OO8-i.doc Page Confidential 000-CH-oooa DO CONTENT IDENTIFICATION AND MANAGEMENT AGREEMENT RIGHTS OWNER FULL LEGAL NAME hereinafter TYPE OF ENTIfl Liability Corporation Limited Company the Rights Owner Sole Proprietorship Other COUNTRY AND UNITED STATES OR RESIDENCE STATE IF IN THE OF INCORPORATION TAX IDENTIFICATION NUMBER NON-USfl IDENTIFICATION BUSINESS CONTACT TECHNICAL CONTACT ACCOUNTING Name Title Address City State Postal Code Country Phone Fax Email CONTENT Rights LICENSE Owner agrees agrees OPTION to license and and monetize monetize content content pursuant pursuant 1. to to the Content License lieense Agreement. with Rights Owner Google dated to license titled separate agreement L_ to license Rights Owner does not agree and monetize content and elects only to block or track content. Rights Owner Agreement Inc. and its affiliates Google hereby agree to this Content Identification and Management Agreement. 2007 Effective Date Google mel Inc. Ireland Limited for EMEA aud APACI Owner full BY__________________ NAME_ TITLE_ Iaddressl BY NAME_ TITLE_ Iaddressl Googles Owner identify its content identification and and management Google Video system and and set System Usage is designed for those to help Works. Rights Works on YouTube Policies The following terms govern Rights Owners use of the System Software. ianuaiy Version JO. 3.1 2008 Confidential 600-CH-0004 33-0005 1. Definitions. Block be blocked means the Usage Policy on available in the System for Rights in the Owier to specify that Video Match from playback YouTube Google and/or Ooogle Video territories selected its by Rights Owner. at Google Video means the branded video destination with main US homepage video.google.com. ID File means Work. the unique binary data that describes Work and is used for the automatic identification of that Monetize territories means the Usage Policy available in the System for Rights Owner to license to Google in the selected by Rights thp Owner Works given Video provided in the Match. Reference Files means has has the by Rights Owner to Google pursuant to this Agreement. Software meaning preamble. System the meaning the given in the preamble. in selected or the TraeW respect to means Video Usage Policy available Match in the territories Track System allowing Rights Owner to take no action with by Rights Owner. or Policy means Monetize Google from time to time. Usage Block uch other policies as may ID that be made available by Video Match claimed System. means Owner user to videos contain deterrnthed by using the the System search to match an File and user videos offered by the by Rights Work works functionality may be Work means audio and audiovisual owned or controlled by Rights Owner. Youtube 2. means YouTubc.com and subdomains Reference create Files and ID Files. Files. the to Rights Owner Owner Policy will deliver to Google metadata the Reference Files with each and Google wilt File corresponding as title ID Rights will provide the associated Reference via such feed description pursuant accurate the Usage and territorial scope of each will Usage Policy the an XML rate or otherwise to Googles current. specifications. Rights provide metadata. Owner ensure that metadata and any store bitits delivered Google is and Google Files delete will appropriate format resolution specifications Files Files at for delivery of Reference Google and will and the Rights Owner Files. to may delete will of Reference Reference any time and corresponding reasonable Reference ID Google protect that the Files on secure access. servers apply commercially shall measures Files is Reference are from unauthorized comprised distribution Rights Owner third not deliver for the Works substantially of materials for the owned by party unless Rights Owner exclusive licensee of online rights underlying material. 3. User Video Matches. the The System to users against Owner. that time. or ID Files The System the may contain may also Works and and Google Video to YonTube by compare videos uploaded Matches and apply the Usage Policies identilS assigned by Rights the to perform text searches for user videos provide Rights Owner capability will Video assign Usage Policies. Policies Rights set Owner may change will any Usage Policy at any Googles with implementation respect to of liability Video if Usage Matches if it the by Rights ID Pile Owner be Googles Video sole obligation particular has not yielded any it Matches within reasonable Reference shall to the the the not period riles of time or the yields erroneous will results notify Google Rights from false System on and Google or and the may remove Owner of such removal. System. False as unless the corresponding Rights abuse Owner lead make claims user videos otherwise abuse the claims of the and or may Date termination Block other of Usage Usage Usage the Agreement by Google. Notwithstanding foregoing to Video Matches on Google Video Policy will be applied available for for this Effective until only Google Usage makes or Policies Google Video. If Rights Owner Google selects will Monetize apply Policy Track Policy until Video other Matches on Google are Video instead the Block Usage Policy unless and such Usage Policies available. 4. Disputes. that Google may Match establish reasonable procedures to resolve or user claims by or other rights owner due to If claims error during content except Video or was wrongfully and Rights blocked will by the System with to monetized to Rights such Owner disputes. mistake the otherwise Owner Rights cooperate has rights will Google resolve course of evaluating as private whether by the or Owner specific content the Rights to Owner any reviews party designated as user Rights Owner not disclose content third necessary for this process judicial proceeding. January Version ID. 3.1 2005 ConfidentIal GOO-CH-0005 33-0006 5. Licenses limited and Ownership. to Google grants solely to for Rights Owner the non-exclusive of identifying and grants right create non-transferable royalty- free license use the System purpose Files copy managing Google to its Works on YouTube and Google Video. By providing license Reference to Rights Owner the to non-exclÆsive temporary and cache binary shall non-transferable and storage royalty-free limited store including use the make copies and modify otherwise or use reformat those files excerpt in analyze with algorithms Rights representations sell cdnnection translate source for Files the System. derivative Owner from not lease lend convey transmit modify to adapt derive prepare from the works decompile reverse granted engineer disassemble parties are or attempt reserved. in the code System. All licenses all not explicitly Rights by the Except Reference Google licenses granted with Rights the above of Owners Googles intellectual intellectual property property remain rights rights in remain the Owner and all of YouTube Video Software System and related information and files with Joogle. 6. Confidentiality. Neither party will the disclose the terms of this Agreement to the any third other party or prior issue any public announcement The parties this to regarding shall terms to shall of any this third Agreement parties without partys disclosed degree or any written agreement. to the the not disclose and nonpublic information applying this the by one party of care used other under parties Agreement their is protect such information If the same by protect own confidential to information. Agreement party to will confidential notify the information other of and either party required obtain an be produced by law protective noticed prior promptly any party cooperate to appropriate order disclosing confidential information. 7. to Representations grant the to licenses set and set Warranties forth in Indemnities. 5. Each party represents and and File. warrants warrants that that it it has authority has all Section it Rights respect their Owner to represents rights required defend each Usage Policy the sets with each Reference directors Each party shall indemnify and agents and hold harmless claims other party out of and respective officers employees and warranties. from any third party arising breach of that partys representations 8. DISCLAIMERS LIMITATIONS PARTIES IN OF LIABILITY. EXCEPT FOR THE EXPRESS WARRANTIES MADE BY THE EXPRESS FITNESS SECTION THE PARTIES DISCLAIM ALL WARRANTIES OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FOR PARTICULAR PURPOSE. EXCEPT FOR THE INDEMNITIES IN SECTION LIABLE TO TI-IF OTHER FOR INDIREcT CONSEQUENTIAL EXEMPLARY DAMAGES OR PENALTIES ARISING FROM OR RELATED TO TillS AGREEMENT AND II NEITHER PARTYS AGGREGATE LIABILITY FOR ANY CAUSE OF ACTION ARISING FROM OR RELATED TO THIS AGREEMENT WILL EXCEED NEITHER SPECIAL WILL BE PUNITIVE PARTY OR $50000. 9. Termination. this Either will party may upon end this Agreement on 30 days written notice. All licenses granted survive in Agreement expire termination. Sections 5b and this the 6-8 9b and 10 termination. 10. Miscellaneous. partnership The parties are independent Neither party contractors nothing in this to Agreement third creates an to agency its orjoint venture. or forth may assign Agreement prior written any party except other. prior parent company sets any majority the entire owned subsidiaries without the consent supersedes of the any This or in Agreement agreement its between matter.. conflicts these parties and contemporaneous writing agreements regarding If this subject This with Agreement Each the may party be amended applying to only signed by both on writing If parties. Agreement Video of the any other agreement Googles notices use of Works in YouTube and any to or the Google attention terms control. at will send on the any first hereunder this Legal Department conflicts the address listed or page to of be in Agreement. that so long provision be of this Agreement with applicable and the is laws is adjudicated will illegal effect State will provision as the will deemed purpose its eliminated can still from Agreement Agreement governed remain laws essential be achieved. This Agreement federal in by the litigation of the of California be brought in excluding any state choice of law court rules and applicable jurisdiction laws. Any Clara hereunder California or federal of competent Santa County Jmiuary Version tO. 2108 31 Confidential GOOCH-0006 33-0007 each party consents to venue and exclusive each personal jurisdiction of of such courts. original This and Agreement all executed taken in one or will more counterparts constitute single which will be deemed an of which may be when together instrument. January Version tO. 3.t 208 Confidential GOO-CH-0007

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