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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12/16/2009 Patterson Jim HIGHLY CONFIDENTIAL OUTSIDE COUNSELS EYES ONLY -- UNITED FOR STATES DISTRICT DISTRICT COURT OF NEW96YORK THE SOUTHERN THE FOOTBALL ASSOCIATION LIMITED AND BEHALF OTHERS Figueira Den. Tab PREMIER BOURNE OF LEAGUE CO. ET AL. AND ON THEMSELVES ALL SIMILARLY SITUATED PLAINTIFFS vs. 07 CIV. 3582LLS YOUTUBE AND INC. YOUTUBE LLC GOOGLE INC. 10 DEFENDANTS. 11 _________________________________ 12 VIACOM COMEDY INTERNATIONAL PARTNERS INC. MUSIC COUNTRY 13 TELEVISION PICTURES BLACK INC. PARAMOUNT AND CORPORATION 14 ENTERTAINMENT TELEVISION 15 LLC PLAINTIFFS 16 vs. 07 CIV. 2103 LLS 17 YOUTUBE AND INC. YOUTUBE LLC GOOGLE INC. 18 DEFENDANTS. 19 ___________________________________ VIDEOTAPED 20 DEPOSITION OF JIM PATTERSON 2009 FRIDAY SAN Job DECEMBER 18 FRANCISCO No. CALIFORNIA 18411 21 22 23 24 25 12/16/2009 Patterson Jim syndicating we the also made the the on loulube Youlube service service the to mobJ0p2carriers through available devices on have which those consumer available electronic even if we devices which were didnt 920 As Q. contractual Okay. relationship asked the are with them. wrong. think handset too. question consumer about to you point out devices What electronic consumer 10 devices electronic Im asking up are devices that hook televisions 11 921 921 A. Okay. Do 12 Q. you to have make term that sure that you want to use the to 13 describe same those were using 14 language A. 15 921 921 921 921 Devices that connect to televisions. 16 Q. Okay. Yeah. 17 A. 18 Q. When to did Youlube in the first begin that syndicating connect to 19 content partners devices 20 televisions space in be it 21 921 which A. So the PC most that be liberal can interpretation to 22 would connect we in 23 television Youlube would to be when started allowing 24 videos Okay. embedded other websites. 25 921 Q. 18 12/16/2009 Patterson Jim 921 A. Or actually even just can when w0unched to PC the Youlube has service cause you connect that browser. If we exclude PCs from the 921 921 921 set that Q. equation A. Okay. and boxes and we are Q. talking about and things like of top gaming did in the consoles Youlube devices category. to When begin syndicating content 10 partners believe that space partnership it 922 sort A. first and the made of that 11 was and also it with Apple been we was around Apple 12 TV that may have exact same agreement 13 through on the which Youlube service 14 available iPhone. 15 922 922 was Q. And Which years Do 16 A. was before joined Google so it 17 few ago. 18 922 2007 922 then Q. you know whether that was in 2006 or 19 20 A. dont was in know for sure. 2007. If it was in 2007 21 it very who early the 22 922 line Q. And were early partners in that 23 of A. business So 24 922 then Apple set was of the earliest by of lot. in And that 25 the next companies think 19

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