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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41212009 Levine Zahavah UNITED STATES DISTRICT OF COURT SOUTHERN DISTRICT NEW YORK Figueird Den. Tab 67 VIACOM PARTNERS INTERNATIONAL COUNTY MUSIC INC. COMEDY TELEVISION PICTURES INC. PARI1OUNT and CORPORATION BLACK ENTERTAINMENT TELEVISION LLC Plaintiffs vs. No. 07CV2203 YOUTUBE and INC. YOUTUBE LLC GOOGLE INC. Defendants. 10 THE 11 FOOTBALL ASSOCIATION BOURNE PREMIER et LEAGUE on LIMITED of CO. and al. behalf others themselves 12 13 all similarly situated Plaintiffs vs. No. 07CV3582 14 YOUTUBE 15 16 INC. YOUTUBE LLC and GOOGLE INC. Defendants. 17 HIGHLY 18 CONFIDENTIAL OF VIDEOTAPED SAN DEPOSITION FRANCISCO ZAHAVAH LEVINE CALIFORNIA 2009 19 20 21 22 23 24 25 THURSDAY APRIL CSR BY Job KATHERINE No. E. LAUSTER 1894 RPR CRR CLR 16721 41212009 Levine Zahavah LEVINE BY MR. 87-0002 HART Right. But Q. RealNetworks had copy on its server correct MR. KRAMER Hang on sec. Calls for speculation. You THE BY 10 can answer. WITNESS believe so. MR. HART Okay. that all Q. And you. when you say in your resume 11 Exhibit 12 Managed aspects of domestic music and 13 international who was A. digital what from was licensing 14 licensing whom licensing sound 15 RealNetworks from recording 16 rights Q. record labels. 17 Uh-huh. 18 A. And Okay. -- -- primarily -- 19 Q. 20 A. and music publishing rights from music 21 publishers. Q. 22 Okay. 23 A. And music And videos what from about record music Who was labels. 24 Q. Okay. to publishing that 25 with respect music videos licensed 13 41212009 Levine Zahavah LEVINE from at 87-0003 Rhapsody It A. was see. licensed And for through music the record labels. Q. publishing rights or those did you any deal sort with of individual centralized music publishers secure with entity to licenses MR. vague. 10 KRAMER respect to Objection. The or question is With music videos otherwise BY MR. HART In We any respect. 11 Q. 12 A. dealt with the Harry Fox Agency -- 13 Q. Okay. to of the get license that know it 14 A. for on demand 15 streaming Q. repertoire And do you represented. what 16 Okay. of the offhand to 17 proportion Harry Fox universe in relevant of Rhapsody 18 represented MR. terms the repertoire Is is 19 KRAMER Just second. that 20 information information its public thats HART public Its RealNetworks 21 22 MR. Im asking actually about not asking Fox. about 23 RealNetworks. MR. Im Harry said 24 KRAMER Well you thats 25 relevant to 14 41212009 Levine Zahavah LEVINE MR. to. 87-0004 HART Well his David -- expect David Thats MR. actually job. BY HART So Q. please. A. think amount what of said was that the of amount use of able to of the rep the amount their repertoire identify 10 Q. that they will they were Uh-huh. was So 11 A. less than was what they purported over to 12 represent. there uncertainty how much 13 they actually Q. represented. And when you say 14 Okay. mean So identify what 15 do you A. by that the 16 the that operational operated sound way was that we that send we 17 the to had way Harry that Fox license of the would that 18 list from recordings 19 licensed Q. record labels. 20 Uh-huh. 21 A. And they would or send us back based yes on or 22 no cleared not cleared their 23 information. Q. 24 Okay. 25 A. And the -- the number of yeses that we 18

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