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)
.............
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