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)

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............. Figueird Den. Tab 97_Part CO at 00 ON Lnu Advertising with jO 00 env -igL riZ.c 00 II. You YouTube Confidential MarcJQp7 Higjfly Confidential G00001-00305115 Agenda YouTube Overview Audience User Experience Advertising Opportunities 1Vtoii YouTube Confidential 97_Fart 0002 Highly confidential G00001-00305116 .. i.. .._ .....__............. n. ....L....._.. What Is Youlube consumer media company for people to watch and share original videos through Web experience 97 Fart 1-0003 YouTube Confidential Eigbly Confidential G00001-01J305117 .1 Genesis Problem No easy way home videos Website sharing that to share i.. -- with friends 4MWu IW11PM Solution makes watching video fast fun and easy tFI at Q012 Ftc Outcome solution to personal .S _xtJ_. problem becomes universally Entertaining useful sm 4d2so7enp3 xfl3 .3 F3 rOn32 2Mfn1 F4bbWfS -- .icL fltd p9 r.1i Mw-iwe r3 3Ac FF0 99 FIt9F a3t short-form tSiMa HtFzt video experiences become cultural phenomenon You VouTube Confidential 97 Fart 1-0004 Highly Confidential G0000100305118 ._ Birth Of New Clip Culture You YouTube Confidential 97 Fart 1-0005 Elgitly Confidential G00001-00305119 .... .... ..... .. Breakout Lazy Sunday million Hits Lili SNL in views month LI 40.7 Evolution of million views II Dance to in first date Ronaldinho million Alike views months million views months -J Tea Partay Smirnoff 1.3 million views in six You YouTube Confidential 97 Fart 1-0006 Eiqlfly Confidential G0000100305120 ...... ... ....... Our Constituents %Th .// You to 97 Fart 1-0007 VouTube Confidential Eighty Conridentia. G0000100305121 CD CD Cl CO Lu ....h.h....J..... .... ... ..... .. x. __. .j Our Vision To create the next-generation platform for delivering media worldwide 1-0009 VouTube Confidential Highly Confidential G00001-00305123 .... .. ... ........._. ... .. .. .. .. Audience User Experience You YouTube Confidential 97_Fart 0010 Highly Confidential G0000100305124 ... --. ...-. -- -..-..-.....-.... ... .... ..-.. .... .-- 9th Largest Web Destination In tsr .sur tr _1 __3. XSC$.. I. -- 22. Cs4s -- -.. -- -1gGw Octcv -. L. ---- .2. e.. Y... t. -- -- flffif .-rtr .--. OwrAaEw3 --- -39.s --a-u t9% .9aa It 12 i..q. ---- j.csnhnptwcr -_5a.t ----- --- Mr s. You VouTube Confidential 97 . - . Fart 1-0011 Nielsen NetRatings February 2007 Highly Confidential G0000100305125 ................... ...a.. -. ......... -. I- ................. ... .1 User Demographics USA only uu millions February 2007 %Page Reach Gender Male 22.9 19.2 54% 46% 68% 32% 30% 24% Female $75k iae 47% 1OVU4 -cVd Righly confidential W4 YouTube Confidential 300001-00305126 ... .... ..... .... 2.. ... Users By The Numbers Unique Users mw ion USA monthly unique Zsers Ranked 9th among web destinations Pageviews billion monthly pageviews 27% Active Reach in the US 41 minutes Engagement per user session 45 web pages per user Nielsen February 2007 97 Fart You VouTube Confidential 1-0013 Highly Confidential G0000100305127 .. .... Engaging Video Experience LM t3 Easy-to-view video experience flash video and progressive uses VS $tflW downloads delivering quick seamless user experience Highest trafficked pages on YouTube Watch pages feature robust community functionality allowing users to interact discover with other users and new content Watch pages categorized by content category targeting allowing contextual and marketer content road blocks You Youlube Confidential 97 Fart 1-0014 Highly Confidential G0000100305128 Thriving Channel persistent Community deep ./ metaphor delivers connections through // // subscription functionality and favorites I// way to 7tr 4ai provide users Subscriptions fri stay connected to their favorite users are notified each producers time subscribed channel is updated with // new content .S arrassssssrs .E 55 Video Log furthers communication with other users w_ 4/ 7/ ifl .j ..S .S .S. tk .SsSW .5 .5 ..S..s_.kssf/ flhIdM 55 Channel through pages highlight connections /5577 55 Favorites Subscribers Channels Im Watching and rfl 5/ .5 ss S.S5/555-S545S-S5.S/ 5555 .5555755SSk5555/v .5-S/.75S.S.55.5.SS.55.S..7 Connect functionality wfl . . . 555/75. 97 Fart 1-0015 VouTube Confidenflal Highly Confidential G0000l00305129 ..- .....-..--....-..-.. Safe Contextual Environment N4t5icsI Social not social network not people Users browse content No copyrighted or inappropriate content Content removed users banned for violations Users flag inappropriate videos until Community Policing Flagged videos are segregated reviewed Videos over 50K views that have not been flagged are 99% likely to be clean content All Staff Review flagged videos are reviewed within hours YouTube maintains video database control You. YouTube Confidential 97 Fart 1-0016 Higafly Confidential 000001-00305130 .......- A._. .... ..... Content Policy The following content guidelines are outlined under YouTube Terms of Service No content that nudity is sexual in nature No No No No violence racial illegal religious activities or otherwise abusive language or behavior Youlube users flag any content they think is objectionable Additionally YouTubes internal team reviews content across the site against these parameters terms is removed from the system and the and they are removed from the system Any content found user receives to violate these strikes strike three YOsLI YouTube Confidential 97_Fart 0017 Highly Confidential G0000100305131 .... Ad Opportunities 97_Fart 1-0018 youTube Confidential Eighty Confidential GCJ0001-00305132 .. .... ..a. .. ........ 1..... Advertising Opportunity Overview Homepage Video Search Results eTargetg Keywords available User Channel Category Pages Sections Community Channel eTargetig 5ntTargeti Age Gender DART/GAM Geo Targeting targeted capabilites Premium Licensed Content Brand Channels Custom Contests Patipato ry Video Ads and Director Videos You YouTube Confidential 97 Fart 1-0019 Highly Confidential G0000100305133 ... .. Targeting Availability DART Time of day Day of Week targeting day-parting and dateArea parting Geo-Targeting DMA Country State City International Code Postal/Zip Computer System Operating Internet Related System Web Browser Internet Domain Type Domain Name Providers Service Providers Online Service Bandwidth Targeting Page and Category Targeting categories Specific site pages and content Keywords Targeting words tags no proper names Demo and 68% of Registration Targeting YouTube users are registered h1 Highly Confidential 97_Fart 0020 YouTube Confidential 300001-00305134

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