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)

Re

YouTube

evaluation

questions

Page

of

Ikezoye

Vance Figueira Den. Tab 50
Franck

From

Chastagnol

1chastagnoIyoutube.comJ

Thursday

August

17 2006

1030 AM

Cc
Subject

lkezoye

Vance
evaluation questions

Re

VouTube

thanks

Jim

think

we

will

need

this.

Franck

On Aug 17 2006
Hi Frauck

at

851

AM

Jim Schrenipp

wrote

We
feeds

can

select

fingerprints

to use so

based
think

on
that

the

source. for

We
you.

get

from the

major labels

works

In

the

IDResponse with the

we

currently track

return

just

the

minor

label

that

is

associated small

specific

we

identify. the label.

We

could of the

make

modification

on

our side

to return

source

fingerprint

which

would

be the major

Cheers Jim

Audible

Magic Corporation
xlO5

408.399.6405

This

message

is

intended

for the

use

of the addressee and
trade
is

only secrets

and

may

contain

confidential

information

of Audible
prohibited.

Magic.

Unauthorized

use or disclosure

-Original

Message-Chastagnol August

From
Sent

Franck

Wednesday

16 2006

938

AM

To Jim Schrempp Cc vikezoyeaudiblemagic.com
Subject

Ra

YouTube

evaluation

questions

Hi Jim

Thanks
Ill

for

the

answers. at

look more in details
fingerprint

how

we

will

be managing

our own

reference

DB.

By owner we
the

meant

which

media

company
the

represents

the

artist

Warner Sony
Initially

Viacom.... ask you to populate
reference fmgerprint

will

DB

with

catalog this

of only one of those
is

companies.

BTW

assume

something

you can

do correct

But

as

we

7/25/200

EXHTIjw
OUTSIDE COUNSEL EYES ONLY

HIGHLY

CONFIDENTIAL

AM 000836

Re

YouTube

evaluation

questions

Page

of

sign

new

contracts

we

will

add

catalogs

from

other

companies. need
etc...

50-0002
to

So from fmgerprint
tell if it is

match
for

API response
item

we would
Sony item

way

match

Warner

Thanks
Franck

On Aug 15 2006
Hi Franck

at

247

PM

Jim Schrempp

wrote

understand
so fast that difference. In fact

your point

about

the

extra

work

but

our search

is

one

fingerprint

here

or there

doesnt

make any

5000

signatures

doesnt

even

change

the

response

time.

When
you doing
decide to delete

25000

signatures

then

that

might be worth

maybe

and

at

that

point

you can

rebuild

the

databases

which

is
pretty

quick

and

FTP

the

updated

amdbs

over.

Our
track
is

database

always

returns

track_title

and

track

artist.

If the

part

of an

album

then

we

also

populate

album_title

album_artist
label.

Ti the

album

has

UPC many
through

do not

then

we

return

it.

TIthe the

track

is

for sale

MusicNet

then we

can

return

MNetID

that

you can use

to link

into

their system.

About

50%

of our track
the

entries entries

have

the

Recording major labels

Owner
have

field

populated. value
this.

Most of

from the

for

big

question

is

what

you mean by owner.
lifetime.

One master

recording

can have appear on
several different

many owners

through

its

One master

recording

may

albums

the

publisher

of the

most recent

album
is

not

necessarily

the

current

owner.

If

our reference

database

has of the

fingerprint

same master
identification

recording

from two

different

album
the

one used

in the

is

arbitrary.

We

do offer

service

that

will

add

incremental

information

to

the
IDR.esponse albums
that contain the identified

XML.

We

can

add

album

information

for

all

of the

master

recording.

We
small

do

this

for

one

customer tweaking
for us to

today

and

it

would

require

just

amount

of

deploy

it

for you.

7/25/200

HIGHLY CONFIDENTIAL OUTSIDE COUNSEL

EYES ONLY

AM

000837

Re

YouTube

evaluation

questions

Page

of

50-0003

You might was owned
service like

also

be

most interested

in

whether

the

identified

song

by one

of the

big

five

record

labels.

We

could

create

this for you.

As

to

the

other

metadata
entirely

fields in the

XML...

The
used.

extent

of the always

coverage working
to

depends

on the

source

we

We

are

improve

the

completeness

of these

fields

in

our database.

Once we
have from our master
additional database.
It is

made an

identification

we

extract

the

associated

metadata

pretty

easy for us to include

metadata

fields

hi the

IDResponse.

Are

there

some

that

you have

particular

interest

in

Best Regards Jim

Audible

Magic Corporation
xlOS

408.399.6405

This message and may

is

intended

for

the

use of the

addressee

only
secrets
is

contain

confidential

information
use

and trade

of Audible
prohibited.

Magic.

Unauthorized

or disclosure

Original Message From Franck Chastagnol
Sent

Tuesday August
Jim Schrempp

15 2006

158

PM

To Cc

v_ikezoyeaudiblemagic.com

Subject

Re YouTube

evaluation

questions

Hi Jim

See

answers

inline.

Also listof
fields

if

you would
in

have

any documentation

that

describes

the

available

your metadata

DB

and

their

meaning

that

would
help greatly

YouTube

making

decision

regarding

whether

or not

we
would need
this

metadata

information.

Thanks
Franck

On Aug 15 2006

at

632

AM

Jim Schrempp

wrote

7/25/2

008

HIGHLY

CONFIDENTIAL

OUTSIDE COUNSEL

EYES

ONLY

AM

000838

Re

YcuTube

evaluation

questions

Page

of

Hi FrantIc

50-0004 one
there that could

WRT
not
just

deleting

fingerprint

is

reason

you

ignore

an identification

that

is

made with

fingerprint

you wish was
state or

deleted

It

seems

like

either

we have

to

maintain

this

you Let

do me

and

this

is

more connected

to

your processes

than

ours.

know

your thoughts.

it

seemed

more

effective

to

me

to

delete

the

fmgerprints

from

the
reference
this

DR
the correlation server

way

does

not

have

to

run correlation

against

that

dekted

fingerprints.

As
so

to the

XML

YouTube

was

interested

in the

bare

bones

service

our with you does
not include the actual

deal

metadata

identity

of

what

we You
are currently

find. so

running

against

one of our demo

servers

you
the metadata.

see fields will

When
was

you move

into

production

most of the

say

content

identified

no

metadata

is

available.

You know
that positive in the tag id

was made by

the

status

2006

4dResponsecldstatus
in the

The AmlteinTd
from us.
It

response

is

your best

unique

identifier

never

changes.

Never

ever.

Make
Does

sense. the

RecordingOwner
the for the

field

indicates

to

which

company

Warner
Sony owns
right

song

hope
have.

this

helps.

Feel

free

to

ask any other

questions

you may

Best Regards Jim

Audible

Magic

Corporation x105

408.399.6405

This message and

is

intended

for the

use of the

addressee

only secrets
is

may

contain

confidential

information

and

trade

of Audible
prohibited.

Magic.

Unauthorized

use or disclosure

Original

Message---

7/25/2008

HIGHLY

CONFIDENTIAL

OUTSIDE COUNSEL

EYES ONLY

AM

000839

Re

YouTube

evaluation

questions

Page

of

From
Sent

Frarick

Chastagnol August

Monday

14 2006

545

PM

50-0005

To Cc

Jim Schrempp [e-mail] Prey

Waid

v_ilcezoyeaudiblemagic.com Subject

Re YouTube

evaluation

questions

thanks

Jim for the

answers

it

makes

sense.

In

terms of API to add/delete
bit

fingerprints

think to

we may need
by

something

more

flexible

than

sending

AudibleMagic

FTP

the fingerprint archive.

whole

An

HTP

POST APT or
would

equivalent
easier for

that us to

allows to
integrate

add/delete with.

fmgerprint

be much

few
a.

more

questions

regarding

your fingerprinting
for this

API
could
take

do
at

you have

any documentation

API

look

Im
flelds

particularly

interested

in

definition

fro

all

the

returned

in the

XML

response.

b.

If there to

is

match

can we
...

know
The

to

which

media

company

it

belongs

Warner Sony
but in

XML
it

reponse

includes

field
RecordingOwner You mentioned

my
not

tests

was

not

populated.

c.

TSRC
has

is

good

choice
Is

as

unique

ID.

The
of the

XML

response

field

SigGtJID.
the

this the

unique

ID

reference
Is

fmgerprint

that

matched
to

sample

we submitted
over time e.g.
if

this

SigGUID

guaranteed

be permanent

we
store
it

in

our

DB

we can

refer

to

it

later

and

it

will

point

to

the

same
reference fingerprint in

your

DB

Thanks
Franck

On Aug

14 2006

at

205

PM

Jim Schrempp

wrote

Hi Franck

In these

our discussions

with YouTube

it

was

made

clear

to us

that

fmgerprints separate.

of your own

content

needed

to

remain

completely

We
As
process.

were

not

to

have

access to

to

any metadata following

about

them.

result

we planned

use the

available

1.

We

would

provide you with two

command

line

utilities.

a.

The

first

will

create

reference

fingerprint

file

from

an

7/25/2008

HIGHLY

CONFIDENTIAL

OUTSIDE COUNSEL EVES ONLY

AM 000840

Re

YouTube

evaluation

questions

Page

of

MP3
If using

or
file

WAy

50-0006 extension
anafp.

Sample

rate

of

at

least

20050Hz.

MP3
needs
to

bit rate

of at least 96kbps.

The

reference

audio

sample

begin

at

an offset

of

in

the

video

and be

at

least

45

seconds
long. soundtrack. suggest creating fingerprint

of the

entire

video

The

fingerprints

are

small

and this will give

you the most

flexibility
later.

lb.
file

second

utility

will

create

reference

database

image

extension
containing

amdb

by recursing

directory

structure

fingerprint

files.

The

utility

will

take

20

second

segment

of each
reference fingerprint

from an offset

of

seconds

as we work
of reference of our

with you

we may want
database IDServers.

to

adjust
files

this

in the

future.

set

image

can be

deployed

onto

one

We
recommend
database structuring

your fingerprint

archive

so

that

image
files

contain

no

more

than

100000

reference

fingerprints.

When

you send

in

fmgerpiint

of an unknown
it

soundtrack

for

identification fingerprint

you would

HTTP POST
content

to either

our music

IDServer
at the

or the

YouTube

IDserver

or perhaps

to

both

same holding

time. your

We

had

discussed

with YouTube

that

the

server

specific

take-down

fingerprints

would

be set to examine

the

unknown more number
of
reference small fingerprints in exhaustively.

You

can

afford

to

do

that

because

the

your take-down

database

will

be

on
the order

of 100-200000

or so.

lc.

One of
is

the

input

parametcrs

to

the

fingerprint

creation

utility

an

axbitmry in

string

of

up

to

50

characters

this string

is

embedded
the

fmgerprint

file

and

will

be the

only identification

returned the string an

from
process.

identification as

Your

application

would

use

this

index into
this

your metadata.
part

Again

was

of the rcquirement

to

keep

us completely

7/25/2

008

HIGHLY CONFIDENTIAL

OUTSIDE COUNSEL

EYES ONLY

AM

000841

Re

YouTube

evaluation

questions

Page

of

blind the

to actual

50-0007 metadata of your take-down
fingerprints.

2.

We

do

not

currently

offer

an API to query

our music

metadata.

We
post the

could

make one

for

you.

Our

preference

would be

that

you

query package of the
result.

in

an

HTTP

transaction

and

we would

return

an

XML

However

not

all

of our metadata

entries

have

an ISRC

value. If the

you were

to get

hit

on

ISRC
is

then

you know

the

song

is

in

database

but
also

not-found

inconclusive.
in

You
unreliable.

should

know

that

our experience

ISRC

is

Some

labels

have

used

the

same

ISRC

code

for different

master

recordings.

This
it

query

was

not

part

of the

initial

contract

so if you want

will charges

have
to

to

talk

to

Vance.

Im
fee.

sure

this

would

entail

NRB

you and

perhaps

monthly

3.

To remove

fingerprint

you would

remove

the

fingeqtnt

from
the archive database

and

use the

utility

described

above

to

regenerate

the

image.

You

would

FTP

the

new image

to

our iDServer. The

mserver

checks one update

every

minutes

for

database

updates

but

it

only does

an hour.

Or
if it

your application

could

simply you

ignore

an

identification

was

made with

fingerprint

wish to

remove.

What
talking

have

described

above

is

the

process

we envisioned

when

with your team.
in

We

are

certainly

willing

to

alter the

process

ways
that cost for will

make

it

easier

for you.

There will probably

be

anything other

than

minor

changes.

look forward to working

with

you

on

this

project.

Best Regards Jim Schrempp

7/25/2008

HIGHLY

CONFIDENTIAL

OUTSIDE COUNSEL

EYES ONLY

AM

000842

Re

YouTube

evaluation

questions

Page

of

Audible

Magic Corporation
xlOS

50-0008

408399.6405

This message and

is

intended

for the

use of the addressee and
trade
is

only secrets

may

contain

confidential

information

of Audible
prohibited.

Magic.

Unauthorized

use or disclosure

-----Original

Message Chastagnol August

From
Sent

Franck

Monday

14

2006

1133

AM

To j_schremppaudiblemagic.com Cc [e-mail] Frey Waid
Subject

YouTube

evaluation

questions

Hi Jim

Im

working

with

Frey Weid

on the

evaluation

of the

AudibleMagic

solution.

As you may know
fmgerprints

in addition

to

using

the

reference

of copyrighted
interested in content

provided

by AudibleMagic

VT

is

also

adding

and managing
some
technical

its

own

reference

fingerprints

to the

DB.
See below
questions for

you to understand

how

we
would be able
to

achieve

this.

Also an unrelated question regarding For some of the mp3 samples have
method

the

JsIFCB1t
testing

API
with
the

been

API

undocumented returns MFXMLlDRequestAnalyzeAndDestroy 78 and prints uErmr mp3 decoder failure. on stderr.

error

Do
It

you know helps

what can

this error

means

and how

to

avoid

it

that

send

you

mp3 sample

to reproduce.

would
questions

appreciate

if

you would

have

time to answer

these

Thank
Franck

you

--------1. Is

there

an API to upload

new

reference

fmgerprint

to

the

DB
a.

please

provide

details

type

of

API XML-RPC REST

other
share

and any documentation
available

7/25/2008

HIGHLY

CONFIDENTIAL

OUTSIDE COUNSEL

EYES ONLY

AM

000843

Re

Youlube

evaluation

questions

Page

of

b.

what

is

the

preferred

format/coder

bitrate

length

50-0009

for

reference
c.

fingerprints with standard meta-data

along

Album

Artist

Song
then be

Isrc etc... returned

can

YT

upload

its

own meta-data

which

will

when

calling

the

fingerprinting

match

API

2.

Is

there

an API of

to

query Audio
details

against

the

DB

to

determine
is

ii

the

fingerprint
a.

given

based on ISRC
type of

present

please

provide

API XML-RPC REST

other
share

and any documentation
available

3.

Is there
a.

an API to remove provide
details

fingerprint

from the

18

please

type

of

API XML-RPC REST

other
share

and any documentation
available

----..

7/25/2008

HIGHLY

CONFIDENTIAL

OUTSIDE COUNSEL

EYES ONLY

AM 000844