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.. 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1211212008 King David UNITED FOR THE STATES DISTRICT DISTRICT COMEDY COURT OF SOUTHERN NEW YORK VIACOM INTERNATIONAL INC. COUNTRY MUSIC. PARTNERS FigueirdDecI.Tab TELEVISION INC. PARI1OUNT and BLACK PICTURES CORPORATION ENTERTAINMENT TELEVISION LLC Plaintiffs vs. NO. 07CV2203 YOUTUBE INC. YOUTUBE and GOOGLE INC. LLC Defendants. 10 THE 11 FOOTBALL behalf of ASSOCIATION BOURNE themselves PREMIER et al LEAGUE on others LIMITED CO. and all 12 similarly situated Plaintiffs 13 vs. 14 NO. 07CV3582 15 YOUTUBE INC. GOOGLE INC. YOUTUBE LLC and 16 Defendants. 17 HIGHLY 18 CONFIDENTIAL OF VIDEOTAPED SAN DEPOSITION DECEMBER DAVID 2008 KING FRANCISCO CALIFORNIA 19 20 FRIDAY 12 BY 21 ANDREA LICENSE NO. M. NO. IGNACIO 9830 HOWARD CSR RPR CCRR CLR CSR JOB 16211 22 23 24 25 1211212008 King David KING THE 77-0002 WITNESS about the Im aware of for meet technical video the needs of discussion requirements that could identification YouTube. system Document for THE marked King Exhibit 21 identification. WITNESS Okay. Can dispose of this one 10 MR. HART of the Dont court dispose reporter of of it. You can put 11 it in front Mr. though 12 from Mancinis See MR. lexicon him to nitpicking. There to. 13 got smile. not not you go. 14 MANCINI HART to You prefer prefer 15 MR. to smile. know. 16 You object smiling. 17 Okay. any Before we are get you into aware to this of document discussions in 18 depth Mr. at King 19 internally content products YouTube/Google turn or any of the into to 20 identification that systems technology license 21 YouTube/Google could 22 thirdparty MR. websites MANCINI it 23 Objection any legal to form and objectio with 24 to the extent seeks communications 25 counsel. 229 1211212008 King David KING MR. 77-0003 HART dont want your communications with counsel THE MR. WITNESS MANCINI There just we have to had want caution the witness THE MR. WITNESS MANCINI with Yes. not counsel to discuss are either any or are cai communications 10 which with privileged which you the also results of communications Other can than counsel you can 11 privileged. you that this 12 communicate THE discuss So subject. 13 WITNESS once again what was your 14 question MR. 15 HART Lets read it back. 16 Whereupon follows record read by the Reporter as 17 18 Question document aware of in Okay. any Before we get into are at this 19 depth Mr. King you 20 discussions to internally any or of 21 louTube/Google identification products to turn the content into 22 systems technology licensed 23 that YouTube/Google 24 third party websites license to 25 MR. HART Could third parties. 230 1211212008 King David KING THE 77-0004 WITNESS platform and we think is our is video platform making that it identification were proud of available MR. have considered to thirdparty HART if you Okay. could as websites. Thank just you. And quickly identify for me what weve MR. marked Exhibit 21 in which MANCINI HART Q. Identify way is it 10 MR. Well your guess usual in the first 11 is this consistent that you had with practice ordinary as an at 12 email YouTube received course 13 14 So based on that the file is header an that see did here 15 it would appear of this Is email does receive your 16 in December 2007. that that answer 17 question Yeah And if 18 thats you fine. just look at 19 would the the sentence on the first of the 20 immediately below heading Overview quote 21 page this and theres is sentence explore API to The purpose to open 22 project to opportunities 23 video identification Do thirdparty UGC sites. 24 you see see that that sentence 25 sentence. 231

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