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)

Figueira

Den. Tab 69

To
From

Franck
.Jim

Chastagnol

4chastagnol@youtubecorn

Schrempp Doug

j_schrempp@audiblemagic
corn
Keislar

corn
Jeremy

Cc j.$ern
cl_kvitek audiblemagic

vikezoye@audibternagic

corn corn

corn cvkezoye@audiblemagic Lou Kvitek doug @muscletish corn

Stem

@audiblemagic Date

5cc
Received
Subject

2006-10-19

213900

CST
reference
fingerprints

RE

Questions

regarding

Hi

Yes
to add

understand

that to

we
does

should

some
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tests

the reference
not

remove the human creation code that enough
useful

factor.
will

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need

warn Dy

you
the
will

if

the soundtrack

have
to be

data

to

be

useful

way
pass.

doesnt take

much

so most soundtracks

AT
tests

your question soundtrack

today
to

our backend

would

probably
to

let

very
specific

OW

complexity

be added send us

we need
couple
of

do some

perhaps
it

you could

samples

At the

would only match another soundtrack th was the same time same However in your context difterert user videos might have the same low complexity soundtrack We would identify them as 20 second sample from same. Of course we are only testing most
likely

the

an

offset

of to

seconds
precisely

plus

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bit

So the
in

soundtracks realm might

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false

have

match there

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your

some
be

positives

are possible

site the soundtracks
in

identical

This wont

be the case

the music

and movie

soundtrack

arena.

see some
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b.

ways
identity of

to handle

the situation.

we

file

in

tIe
file

database Length
for

you could
instance

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attributes

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are working

on

new
along

fingerprint to

based on the image data
that that
it

itself

Were

far

enough

know

is

workable could

In

November

we

should

have

something

we

demo

outside

of

the company.

hope

this

helps.

Let

me

know

your thoughts.

Best

Regards

Jim

Audible

Magic Corporation 408.399.6405 xl 05
is Tha message and may contain

intended
confidential

for

the use of the addressee information

only

and

trade secrets
Is

at Audible
prohibited.

Magic.

Unauthorized

use or disclosure

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From
Sent

Franck

Chastagnol

[e-mail]

To Cc

October Thursday Jim Schrempp Doug Keidar Vance

19 2006
Ikezoye regarding

1018AM

Vance
reference

lkezoyefl
fingerprints

Frey Waid

Subject

Re

Questions

agree
into

that

it

woi.id test

be good

for

us to build
for silence.

the functionality

siggen

to

the reference
subniifters to their

We

havent

had

this not

problem with reference
this

before

kind of soundtrack

videos.
will

We

because they do will need to think
to

have

about

what

tests

to

add

to

siggen.

get back

you on

this.

please the toot

let

us know.

it

would

be

excellent

to

have

this

included

in

the mean time since your take down content human before submission can the human flag soundtracks and divert those away from the VT
In

will

be reviewed

by

videos

with silent

reference

database

some
and
trained..

content

will

be reviewed
not want

but to

not

all

of

it.

anyway
they

would

rely

on human

even

one

well

make mistakes

regarding

my

question

in

the previous

email

what

do you think

3.

AM

works
in

very very
the aLdo.

well

with non-music.
if

We

do

require

some
just

iriteresV

For instance

the soundtrack

was

continuous soundtrack

60 hertz
with just

hum

then

it

would match 60
hertz

any other

continuous

hum.

To be

clear
is

wilt

your

back-end

detect

such

reference

tingerprint

not

appropflate

thanks
ranck

Regards
Jim

Audible

Magic

Corporation
xl

408.399.6405

05

H.gh.y

Confident.a1

G0000100

981007

69-0003 This message
is

intended
confidential

for

the use

of

the addressee

oily

and
of

may

contain

information use

and trade secrets
is

Audible

Magic

Unauthonzed

or disclosure

prohibited.

From
Sent

Franck

Chastagnol

@youtube.ccim

Wednesday
Jim Schrempp

October18

2006729 Doug

PM
Nancy Kang

To

Cc Frey Waid
Subject

Lou

Kvitek

Keislar

Re

Questions

regarding

reference

fingerprints

HiJm
Thanks have
for

the answers.

few follow

up gLestions

regarding

and

See below
Thanks
Frarck

1.

For your
offset of

application

reference duration
of

fingerprint

should

corrie

from

an

and

60.

discussed
that

doing

was dedded
Id

to

more expensive be out of scope.
of

You may remember that we had search of the VT database but

2.

Our

requires
of

20 seconds

contiguous
will

audio

with

less

than

one

second
to

silence

reference

fingerprint

Our backend you send us to up

scan

the 60 second

find

seconds

use

This brings

good

point

an appropriate we need
that

20
to

provide

you with some
this
criteria.

feedback

on reference

fingerpnnls

do not meet

As opposed
fingerprints

to

receiving

feed

from you with

list

of

invalid

ref

we

submitted

for

us

it

would
is

be

ideal

if

the amsigGen the time of
to
its

tool

could

detect

fingerprint

not valid

at

generation

Could

the functionality

be added

anisigGen

3.

AM works
in

very

very well

with non-rnuslc.
if

We

do

require

some
just

interest

the atxlio

For instance

the soundtrack

was

continuous soundtrack

60

hertz

hum

then

it

would

with just

continuous

60

hertz

match any other hum.

To be

clear
is

will

your

back-end

detect

snh

reference

fingerprint

not appropnate9

Uighly

Confidential

G00001-00981008

69-0004

4.

think
If

the siggen

application

does support
please
let

way

files

for

input.

you get some error

me

know.

Jim

Audible

Magic Corporation 408.399.6405 xl 05

This message

is

intended
confidential

for

the use of the addressee information

only

and
of

may

contain Magic.

and trade secrets
is

Audible

Unauthorized

use or disclosure

prohibited.

From
Sent

Franck

Chastagnol

Wednesday

October18

2006158

PM

To Cc

Jim Schrempp Frey Weld

Subject

Re

Questions

regarding

reference

fingerpilnis

Added
Franck

question

4.

below

On Oct 17 2006

at

444

PM

Franck

Chastagnol

wrote

Jim

Who

would

be the engineer

we

should

talk

to

regarding

reference

fingerprints

See
1.

below

our

list

of

questions reference
fingerprint

Optimum

length

for

mflmum

length

mwdmum
a. lb.

length
size
to

Approdmate

per minute reference

of

reference
entire

fingerprint audio
track

Recommended
prevent

against

.c

10

minutes 2. How to
causing

Mvanilla of
all

reference

fingerprint

to

be tloaded
reference
track to

thousands causing

match
videos

For instance having
lift

blank no

fingerprints

le

or

audio

be found
3.

as match.
well

How
Could

does

AM

work

with

non-music as

4.

the amSigGenLinux
to

tool

take

as

input

.wav

file

opposed

mp3

Highly

Confidentia.

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69-0005

Thanks
Franck

Highly

Confidential

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