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)

Page

o19

Matt Friese

From
Sent

Vance

Ikezoye

LvJkezoyeaudiblemagic.coml

Figueira

Den. Tab

Monday. Stern

September

25 2006

1116

AM

To
Subject

Jeremy
integration

FW

Youlube/AudibleMagic

From
Sent

Franck

Chastagnol

To
Cc

September Jim Schrempp Ikezoye Vance

Monday

25

2005

10

37

AM

Williams

Rob
integration

Subject

Re

YouTube/AudlbleMaglc

hi

Jim
understand and

yes

Im

confident

reliability

and

availability

on your

side

will be

excellent.

let

me

touch

base with

our

Ops
if

bus dcv

and

legal teams

and

then get back

to

you.

in parallel

would be

great

you could

discuss

with your Ops team

possible

options

im sure we

can

find

compromise

that

will

work

for both of us

thwt
franek

On

Sep

23 2006
Franck

at

1107

AM

Jim Schrempp

wrote

I-li

You

remember that the business side of YouTube wanted an extremely cheap really reafly deal from us. They were willing to out out all kinds of features to get the price cheap lower. We were asked to give you rock bottom Rock bottom implies business hours support not price. someone on standby 2417 Youll remember that we even discussed to geographically going
will

really

dispersed

load

balancing than

to

give you
to

higher
for.

reliability

we

all

kind of laughed

that

this

would

be

more

reliability

youd

want

pay

think

you
at

will

experience us our

very very good
afford

reliability

from

us that

will

meet your needs.
to

But

for

what

youre team

paying

ops team cant

to

have

someone

available

take

call

from

your

Ops

2am.

Ive

passed

the issue

over

to

Vance

for

resolution.

All

the best.

Jim

DATE DEPONENT
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9830

HIGHLY CONFIDENTIAL

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COUNSEL

EYES ONLY

AM 002946

Page

of

408.399.6405

x105
8-0002

This message

is

intended
confidential

for

the use of the addressee information

only

and
of

may

contain Magic.

and

trade
is

secrets

Audible

Unauthorized

use

or

disclosure

prohibited.

From
Sent

Franck FrIday

Chastagnol

rmailtofchastagnolyoutubecom

September

22 2006

553 PM
David
Estrada

To
Cc

Jim Schrempp

Vance

Ikezoye

Vance Ikezoye

Subject

Re

YouTube/AudlbleMagic

integration

On Sep 22 2006
Hi Franck

at

429

PM

Jim Sehrcmpp wrote

Yes

the forecast

can

come

later.

it

is

on

my todo

list

99%
run

uptime

is

15

minutes server

down
farm
lot

per day.

Is

that

really for

too

much
once.

Also we

do
so

load balanced

with redundancy
to
all

all all

in-line at

components
expect

downtime
to

would

require
reliability

of things than
this.

see

much
that.

better

just

go wrong dont think

you

the current

deal justifies

specing

yes but 99% over we
have
strict

years for

is

3.65

days
12 hours.
time...

SLA
there just

Warner under
for

they are paranoid

that

video

would be up
so think
it

on

the site

long

is

matter of adding

time

window 99%

monthly

availability

7.2

hours

downtime

month
not expecting
to

We

were

provide
to

24/7

support
to

for

this

since

it

is

an

offline

process

for

you.

Ive

sent that

our

VP Ops

discuss

with Vance.

ok.

again the reason

is

SLA

imposed

by Warner

on

us.

thanks Jim have Franck
great

week-end

Have
Jim

good

weekend

Audible

Magic Corporation

7/24/2008

HIGHLY CONFIDENTIAL

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AM

002947

Page

of9

408.3996405

x105
8-0003

This

message

Is

Intended
confidential

for

the use of the addressee information use

only

and
of

may

contain Magic.

and

trade secrets
is

Audible

Unauthorized

or disclosure

prohibited.

From
Sent

Franck Friday

Chastagnol

September

22 2006

409 PM
David
integration

To
Cc

Jim Schrempp

Vance

Ikezoye

Vance Ikezoye

Estrada

Subject

Re

Youlube/AudibleMagic

Hi Jim

Hi

Yes

the forecast

periods

you

suggest

will

work

for

us.

ok
close

will

crunch

some numbers.
can provide

assume
these
later

we

do not need

this to

contract

and

on

AM
more
should

systems

will

be available99%

of the time

is

it

like

99.9%
this to

or

99.0%

we

add

contract

We
to

talked

about

this

early
will

on
have

but

think

we

should

add
during

it

the

addendum
business

AM

support

available

normal

hours

Pacific

Time

assume

you

will have

an escalation
folks to

we would
case

need

our ops

be able to contact

process for live issues yours 24/7 in

your system goes down.

And

yes

we

should

make

this

an addendum

to

the contract.

ok

thanks ftanck

Its

good

working

with

you

Jim

7/24/2

008

HIGHLY CONFIDENTIAL

OUTSIDE

COUNSEL

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AM

002948

Page

of

8-0004

Audible

Magic

Corporation

408.399.6405

x105

This only

message

is

intended

for

the use

of the addressee

and

may

contain

confidential

information

and

trade

secrets
of

Audible

Magic.

Unauthorized

use or disclosure

is

prohibited.

From
Sent

Franck

Chastagnol

rmaiItofthastnolwoutube.com1
Friday

September

22 2006

1048 AM
David

To
Cc

Jim Schrempp

Vance

Ikezoye

Vance

lkezoye

Estrada

Subject

Re

YouTube/AudibleMaglc

integration

With

the current

deal the number
our issue
that

of

servers should

becomes remove

so

we

from

the SLA.

makes

sense

As go

to

concurrent

live

you can
of that

processes when we do 16 concurrent as
rates

your

forecast

goes up we
for

can

increase

number
first

you. of

Can you

send

me

the

forecast

transaction

rates

16 concurrent can

txns

makes

sense.

work

on

forecast

for daily
calls.

volume

of

match API and
months
forecasts

add

API
and

would
after launch

after launch

months

suffice

In

terms of

SLA
let

here

is

what
if

suggest

we

put

in the
this

contract

me know
of

you

are

ok with

overall

availability

number from

AM

AM

system

need
below

match API SLAs
this is

see requirements
discussed

what we had

7/24/2008

HIGHLY CONFIDENTIAL

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AM 002949

Page

of

add had
for

API SLAs see requirements
it

below we
reasonable
8-0005

not discussed

but

hope

it

is

you
it

may make sensc requirements we discussed
think as an exhibit to

to

add

the

together

see below

the contract

Thaa
Franck

Requirements Audible Magic

for integration

with

AM

Phase
Database

launch
setup

AM

should

host

and

setup

reference

fingerprint

databases populated
with

one

Warner
as

content

referenced

WarneroB

hereafter one populated
fingerprint

by Youlube via the add API this 06
is

new

referenced

as

YouTubeDB

hereafter

YouiubeDB

requirements
able to store

should be

200000

two

hundred
at

thousands
launch capability to scale

fingerprints

should have upon
to

the

VouTube

explicit

request

up

several

Millions

Fingerprinting

match

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be setup
in

WarnerflB

should

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identifIcation

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single
ability

match
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call

should

have

query

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and/or

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will

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7/24/2008

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Pago6of9

paramater
of the the

target_db
request database
or

in

the

URL
8-0006

HTTP

that

indicates

target

WarnerDB

VouTubeOb
and The

both WarnerDB

YouTubeDB
possible values for target_db

are

db1 db2
all

WarnerDB YouTubeDB
both WarnerDB and

YouTubeDB
If

target_db
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parameter
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in

URL

all should be
should go against

assumed

request

both WarnerDB
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is

all
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as

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is

is

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found
to

on

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there

not need

YouTubeo6

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API

should

return

the following
in
is

standard

meta-data

information

its

XML

response

content

owner

Warner

for Phase

ISRC

if

supplied supplied specific

by content by content

Owner owner

GRID

if

Warner
Product

ID

if

suplled specific

by content

owner Warner
ArtIst

name
title

Track

Album name
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Genre

if

by content

owner

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return

additional

meta
on

this may require

custom

work

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supplier
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the

source of content Universal
etc... block policy

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content should
to

Sony

policy
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or share be
to set store

by as

sent rule In
will

AM

business default

WarnerDB.
be

policy

block.

This

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contingent passIng

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upon this meta-data

7/24/2008

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Page

of

to

AM
8-0007 field indicatIng

ccontentjype

Music or Music type of content Video. This is contingent upon

Warner
to

passing

this

meta-data

AM

AMItemID
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AMItemID
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returned

In

case

of

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its

last

characters
specific

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chars

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AM
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have

the 40

other characters

max
the part

chars
id

custom
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see

below

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the

performance
response
at

time

is

measured
the

ingress

point

of

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network response
not exceed

average should

time secs

90th percentile time within

response

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should

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concurrent launch up
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concurrent As voiurne be
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200000

two

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on

volume

numbers provided
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to scale

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by should be

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expose be able

for

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incrementally
to

add

reference

fingerprint

YouTubeD5 day new
reference fingerprints

7/24/20

08

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PageS

of

received

by
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should by

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7/24/200

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