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)

To From Cc
8cc
Received Subject

[e-mail] [e-mail]

dgkinggoogle.com
[e-mail]

Figueira
Date
2007-12-12 Opening

Den. Tab 73

010809 GMT
Up VID
to

UGO

Sitess

Ive shared

document
--

with

you

called

Opening

Up

VID

to

UGC

Sitess

httpHdocs.google.com/afgoogle.
Its this not

an attachment

its

com/Docidcf58zqrs_Sfzpk6fcbinvitegcogtm4 stored online at Google Docs To open
of of free time.

heres document just click the link above. draft guys the VID API plan. Please comment in all amounts your copious Opening Up VID to UGC Sites DRAFT Author Kyle Harrison

Overview

The purpose
LIIIb

of this

project

is

to

explore opportunities
party WItH

to

open

the to

Y.ld1-iiEin
thiUlt VILJ
Jo

API

to
I.

third

UGC
Uttl

sites.

As

precursor
JflJpJCLUO

IJthiJ

t.Uugie
is

beyond
belief
is

YouTube.
that of

The

first

such

integration of

with
will

Google

Video.

The

opening our VID

the API engine

outside

Google

increase the
to the industry

relevance
creating

and
for

reference
rights

database
to

thus

additional to

incentives

owners

provide their

content

us

Why
service

would

third

party for

UGC

sites

use such

service

The problems
across
their their

this

could

solve

them include
identify

Identification. site

We
new
to

could

copyrighted
identif led.

content

and

within logic or

uploads.

Once how
to

they could

se

own

business take
it

detetmine
it

down

leave

up.

to manage the material ie. whether Tis service becomes more compelling as

our reference
Policy material

database
If

grows. can
establish sites to

Lookup.

we

web
be

wide

policies compliant.

for

our reference

we

could For

enable

copyright

Monetization. advertising

AFV

partners and

we
could
is

could
is

improve
identif

the

relevancy
In

of

the

when Note
party

the content content
for

policy

led

by VID.
to

the

case

of

copyrighted

we
Video
list

manage
sites

payouts

the rights
that

owners.
into third

Adsense
players

monetization

engine

plugs

See

of

partner

below.

Candidate

Partners

We
and

will

target

some
on

of

the larger
plans.

UGC

sites

to

assess

interest

level

get feedback

early

Estimates as are for visitors during

the month of October

2007.

MySpace.
Heavy.com. ManiaTV. Break.com.

30M
8.1 7.1

visitors. visitors.

Owned

by Fox who

is

participating

in

Hulu.

tOM

visitors. visitors.

AFV

partner.

Metacafe.com. Veoh.
is

5.1
visitors.

visitors.

3.BM
to

AFV

partner.

Has already expressed

interest

and

waiting

test

out the VID

engine

Other

possible

partners
or

are

listed

below.

Each

of

these
of

partners

is

currently Live with

integrating

planning to integrate

AFV as

Dec 2007.

AEV

Brightcove.com

no

longer hosting

UGC

Rewer
BobVila.com

BIip.tv

Hollywoodupclose.com
Interactive

Grind.tv

Guba.com

us.dada.net

Broadcast

Media

ExpertVillage

TopTVBytes

DATE DEPONENT CASE
Case

K3
eta.
v.

53

EXNJBJT _2J
et v. al.

Viacom

YouTube
et al.

The

Football
et al.

Association Not. A.

Premier 07-C V-2203

League
and

Youlube

07-C

V-3582 No. 9830

lgnacio

Howard

CLR RPR CSR

Highly

confidential

G0000l016i.3336

bunkershot.com Implementing

autobytel

73-0002

AFV

Veoh

Break.com

yumenetworks.com Workf low The complete
comprehensive
initial

godtube.com

fandango.com Roo Tremor Media Ten Magazine Diet.com eyespot.com

offering

workf
integrates

low

is

detailed

below.

Note and

this

is

fairly

as would low

it

policy

responses
only

monetization.

The

offering

be
the

basic Identification works.

service.

Detail

of

basic

workf

in

Partner At least

Evaluation

one

partner

Veoh

has already expressed
out to

interest

in

an the

Identification

API.

We
if

plan to reach and
refining

others as well with core
service to offering. the

goal of assessing
part of this

interest

the

As

outreach

potential

partners

wish

evaluate
partners.
if

matching
ref

service

we
via

can

onboard upload

them as VID mark
to
it

They

can

upload

ererce

content
in

web

is

private

desired

wid
of the

upload matching

UGO

separate

YT

account

test

the robustness

algorithm.

Basic

Requirements the core

and Timing
of Identification to to

To

otter

service

the following be

items

in

place

Fingerprint fingerprints to require API.

Generator.
of their

Partners need
to defiver

able to generate

content

YouTube.

We GV
as

cannot

expect

themto

give

us their original the work below.

content.

Basic

We

can

leverage

done

for

starting

point.

See proposed The

messaging

spec

tIming

for

delivery

of

these

Items

is

estimated

as end of

Qi.

API

Messaging
is

Following purpose
of

high

lev

outline

of

the basic

messaging

for

the

partner

discussion

and feedback.

When FP and
policy their

user uploads sends
it

content

to

Partner site

the Partner generates
basic

to

Google.
included.
logic.

infomiation

Google responds with Partner makes policy

match

info.

No
on

decisions based

own

business

Partner Partner

Message
ID/login.

unique generated
ID

ID/login

for

the

UGC

partner

FP

Fingerprint ID.

from

gfp-gen
reference.

Custom

Custom

for future

Google Match.

Response
binary indication inclined prefer to to of

match

against

the

Google since
it

reference muddies

database.

Confidence. the water.
time.

rm Would

leave be

this out binary

initially

answer

that

we

refine

over

Thoughts
Offset. Start

Lookup

time of match

on

UGC

video. video.

Reference
Duration.

Offset.

Start of

time of match on

Reference

Duration
All

match. metadata
that

Descriptors For Music For

descriptive Artist

we

have

for

the Reference date

match

ISRC
title

Song Albmi
title

Label

Release

TV

Show

Episode

Episode

Season
recheck

At

later time1

the partner

may

want

to

or re-lookup

the

UGC

Highly

Confidential.

000001-01613337

match maybe they
ret

lost

the data

or

weve done

reverse Icokups

with

new

73-0003

material.

Partner Partner

Message
lDilogin

Custom ID

Google

Response
response as

same
Business

above

Models
this service to
in

We

envision

have
of

base
itself for

offering

that

is

free

but

compelling services

and

useful

and

with fee.

additional
Initial

components
is

or guarantees

available

thinking

the following

Free

Offering

Identification

Lookup. guarantees

No performance
Possible additional

fee based

offerings

Add

reference

videos.

Add

reference

videos

to

be

used

for

lookups

from

Partner
Policy Policy

site only.

creation. lookup. notification lookups.

Add Lookup
of

policy

infoimation for

to

Partner
or

reference

material. material.

policies

Google
to

Partner reference
identified
is

Auto

policy

changes and

previously material notify

material. run

Reverse

As new
it

reference

uploaded

the

Farmers FPS Low
latency

against

pro-actively

partner.

gtnrantee

on

lookup

Uptime

guarantee

The
$0.30

current

operating

cost to

to

provide the basic service

is

eslimated

to

be

per PP added

the system.

Next Early and

Steps

and Timing
Follow-up
high level
call

Jan. Jan. Jan. Eel.
Issues

with

Veoh.

Discuss

VID

evaluation

process

proposed

messaging
with

spec. partners
listed

Early Early Early

Follow-up

other target Steve
offering

above.

OPS

with

Chad

Refine

service

and

target

release.

Open

Questions

When
the

partner

UGC

creates
it to

partners

dispute flow
liability

match we should one even exists is
Google as

not not

create
integrated

claim with

since

GoogleIYT.

Mia

What

exists

we

identify

matches

against

copyrighted

material

on

partner

sites

Highly

Confidential

900001-01613338