The Football Association Premier League Limited et al v. Youtube, Inc. et al

Filing 183

DECLARATION of Andrew Schapiro Part 3 Exhibit 85-91 in Support re: 167 MOTION for Summary Judgment.. Document filed by Google, Inc., Youtube, Inc., Youtube, LLC. (Attachments: # 1 Exhibit 92-102 to Schapiro Declaration, # 2 Exhibit 103-114 to Schapiro Declaration, # 3 Exhibit 115-129 to Schapiro Declaration, # 4 Exhibit 130-139 to Schapiro Declaration, # 5 Exhibit 140-145 to Schapiro Declaration)(Schapiro, Andrew)

SCHAPIRO DECLARATION EXHIBITS CONTINUED

Schapiro Exhibit 103

CONFIDENTIAL UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED, BOURNE CO. (together with its affiliate MURBO MUSIC PUBLISHING, INC.), CAL IV MUSIC PUBLISHING COMPANY, INC., CAL IV ENTERTAINMENT LLC, ROBERT TUR d/b/a LOS ANGELES NEWS SERVICE, NATIONAL MUSIC PUBLISHERS' ASSOCIATION, THE RODGERS & HAMMERSTEIN ORGANIZATION, STAGE THREE MUSIC (US), INC., EDWARD B. MARKS MUSIC COMPANY, FREDDY BIENSTOCK MUSIC COMPANY d/b/a BIENSTOCK PUBLISHING COMPANY, ALLEY MUSIC CORPORATION, XRAY DOG MUSIC, INC., FÉDÉRATION FRANÇAISE DE TENNIS, THE MUSIC FORCE LLC, and SIN-DROME RECORDS, LTD. on behalf of themselves and all others similarly situated, Plaintiffs, v. YOUTUBE, INC., YOUTUBE, LLC and GOOGLE, INC., Defendants.

Case No. 07 Civ. 3582 (LLS) CAL IV ENTERTAINMENT LLC'S RESPONSES AND OBJECTIONS TO DEFENDANTS' FIRST SET OF REQUESTS FOR ADMISSION TO CAL IV ENTERTAINMENT LLP.

Pursuant to Rule 36(a) of the Federal Rules of Civil Procedure, Named Plaintiff Cal IV Entertainment LLC ("Cal IV") hereby responds and objects to the Requests for Admission (the "Requests") propounded by Defendants YouTube, Inc., YouTube LLC and Google, Inc. ("YouTube" or "Defendants").

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GENERAL OBJECTIONS The following general objections and statements ("General Objections") apply to each of the particular Requests propounded by Defendants and are hereby incorporated within each response set forth below. All of the responses set forth below are subject to and do not waive the General Objections: 1. Cal IV objects to the Requests on the ground that Cal IV is still in the process of

gathering and analyzing information relevant to these Requests. Cal IV has not completed its review and analysis of all discovery obtained by the parties in this and the related Viacom action. Additionally, defendants and non-parties have produced more than 1.5 million pages of documents since October 13, 2009. Cal IV has not yet examined each document produced by defendants or otherwise in this action for the purpose of determining which individual allegations of the Second Amended Class Action Complaint ("Complaint") it might support, nor has Cal IV completed depositions that may more fully reveal facts and information relevant to these Requests. As discovery is not yet closed, including deposition and expert discovery, and the production of remaining data and/or documents, Plaintiff's responses to these Requests is preliminary and tentative subject to completion of discovery and following an adequate opportunity to review and analyze all discovery in this action. 2. In responding to these Requests, Cal IV does not concede the relevance,

materiality or admissibility of any of the admissions or responses sought herein. Cal IV's responses are made subject to and without waiving any objections as to relevancy, materiality, admissibility, vagueness, ambiguity, competency or privilege. 3. Cal IV does not waive any of its rights to object on any ground to the use of its

responses herein.

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4.

Cal IV objects to the Requests to the extent that they set forth compound,

conjunctive or disjunctive statements. 5. Cal IV objects to each request, instruction or definition to the extent that they seek

to impose obligations beyond those imposed or authorized by the Federal Rules of Civil Procedure, the Civil Local Rules of the United States District Court for the Southern District of New York ("Civil Local Rules"), or the applicable standing orders and orders of this Court. 6. Cal IV objects to each request, instruction or definition to the extent that it would

require the disclosure of information that is outside the scope of information relevant to this case or that is otherwise improper. 7. Cal IV objects to each request, instruction or definition to the extent that it would

require the disclosure of information protected by the attorney-client privilege, the work product doctrine, or any other applicable privilege or immunity. 8. Cal IV objects to each request, instruction or definition to the extent that it would

require the disclosure of information generated or compiled by or at the direction of Cal IV's counsel. 9. Cal IV objects to each request, instruction or definition to the extent that it would

require compilation or review of information otherwise within Defendants' possession, custody or control or more easily accessible to Defendants. 10. Cal IV objects to each request, instruction or definition to the extent that they are

vague, ambiguous, overly broad or unduly burdensome. 11. Cal IV objects to each request, instruction or definition to the extent that they

purport to require separate responses for each "Accused Clip" as compound and unduly burdensome.

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12.

Cal IV objects to each request to the extent that they fail to specify an applicable

time period and are thereby vague, ambiguous and overbroad. 13. opinion. 14. 15. Cal IV objects to each request to the extent that it calls for a legal conclusion. Cal IV objects to each request, instruction or definition to the extent that they Cal IV objects to each request as premature to the extent that it calls for expert

purport to require Cal IV to respond to Defendants' characterizations of legal contentions or call for the application of law to fact to the extent such request seeks disclosure of privileged information. 16. Cal IV objects to the definitions of "Cal IV", "Cal IV's", "you" and "your" as

overly broad and unduly burdensome, and further objects to the extent it seeks to impose obligations broader than those specified by Federal Rules of Civil Procedure 26, and Civil Local Rule 26.3(c)(5). Cal IV further objects on the grounds that the definition includes an unknown and unknowable number of "present and former agents, employees, representatives, accountants, investigators, attorneys," "person[s] acting or purporting to act on its behalf", and "other person[s] otherwise subject to its control, which controls it, or is under common control with them." Moreover, this definition includes "affiliates," "divisions," and "units" without any explanation of those terms' meaning. Cal IV further objects to the extent these definitions call for privileged information and to the extent they seek information outside of Plaintiffs' possession, custody or control. In responding to the Interrogatories, Plaintiffs will construe the terms "Cal IV", "Cal IV's", "you" and "your" to mean Named Plaintiff Cal IV. 17. Cal IV objects to the definitions of "Work(s) In Suit" and "Accused Clip(s)" as

compound, vague and ambiguous. Cal IV further objects to the extent these definitions call for

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privileged information. Cal IV further objects to the definitions of "Work(s) In Suit" and "Accused Clip(s)" to the extent such definitions attempt to limit the number or identity of infringed works or instances of infringement for which Cal IV seeks recovery. As set forth at paragraph 74 of the Second Amended Complaint, the infringed works specified by Cal IV in this litigation are "representative of Protected Works that are and have been infringed by Defendants and/or YouTube's users." Similarly, the infringements identified in Exhibit A to the Complaint and within the Complaint are representative and not an exhaustive list of the ongoing and massive infringement by Defendants. Cal IV reserves all rights to identify additional infringements and infringed works. 18. Cal IV objects to the definition of "substantially DMCA-compliant takedown

notice" as vague and ambiguous as it requires a qualitative judgment and lacks common or ready definition. 19. Where Cal IV indicates a lack of information or knowledge sufficient to admit or

deny a specific request, this lack of information or knowledge follows a reasonable inquiry by Cal IV, and the information known or readily obtainable by Cal IV is insufficient to enable the party to admit or deny. 20. Cal IV reserves the right to supplement or amend these responses. These

responses should not be construed as, and do not constitute, a waiver of Cal IV's right to prove additional facts at summary judgment or trial or any other rights. 21. These general objections are continuing and are incorporated by reference in Cal

IV's answers to each of the Requests set forth below. Any objection or lack of objection to any portion of these Requests is not an admission. Cal IV reserves the right to amend, supplement, modify, or correct these responses and objections as appropriate.

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CAL IV'S RESPONSES AND OBJECTIONS TO SPECIFIC REQUESTS FOR ADMISSION REQUEST FOR ADMISSION NO. 1: Admit that at all relevant times YouTube was a "service provider" as that term is used in 17 U.S.C. § 512(k)(1)(B). RESPONSE TO REQUEST FOR ADMISSION NO. 1: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the term "at all relevant times." Cal IV further objects to this Request to the extent it calls for a legal conclusion. Subject to and without waiving the foregoing objections, Cal IV admits that the YouTube website in part, provides or operates facilities for, among other things, "online services or network access" as those terms are used in 17 U.S.C. § 512(k)(1)(B), and otherwise denies the request. REQUEST FOR ADMISSION NO. 2: Admit that at all relevant times, YouTube stored material "at the direction of a user" as that phrase is used in 17 U.S.C. § 512(c)(1). RESPONSE TO REQUEST FOR ADMISSION NO. 2: Cal IV objects to this Request as vague and overbroad, including with respect to the terms "at all relevant times" and "material," which are undefined terms. Cal IV further objects to this Request to the extent it calls for a legal conclusion. YouTube is a media entertainment enterprise that engages in an array of directly and secondarily infringing activities that are neither storage nor at the direction of a user, such as, without limitation, transforming, copying and distributing material without the direction of a user. Subject to and without waiving the foregoing objections, Cal IV denies this Request.

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REQUEST FOR ADMISSION NO. 3: Admit that the material you allege to infringe your copyrights in this case was stored on the youtube.com service "at the direction of a user" as that phrase is used in 17 U.S.C. § 512(c)(1). RESPONSE TO REQUEST FOR ADMISSION NO. 3: Cal IV objects to this Request for Admission as vague and overbroad, including with respect to the term "material," which is an undefined term. Cal IV further objects to this Request to the extent it calls for a legal conclusion. Subject to and without waiving the foregoing objections, Cal IV denies this Request. REQUEST FOR ADMISSION NO. 4: Admit that all of your copyright infringement claims in this action allege infringement of copyrights "by reason of the storage at the direction of a user" of material that resides on a system or network controlled or operated by or for YouTube, as set forth in 17 U.S.C. § 512(c)(1). RESPONSE TO REQUEST FOR ADMISSION NO. 4: Cal IV objects to this Request for Admission as vague and overbroad, including with respect to the term "material," which is an undefined term. Cal IV further objects to this Request to the extent it calls for a legal conclusion. Subject to and without waiving the foregoing objections, Cal IV denies this Request. REQUEST FOR ADMISSION NO. 5: Admit that at all relevant times, YouTube had "designated an agent to receive notifications of claimed infringement" as set forth in 17 U.S.C. § 5l2(c)(2). RESPONSE TO REQUEST FOR ADMISSION NO. 5: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the term "at all relevant times." Subject to and without waiving the foregoing objections, Cal IV denies this Request.

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REQUEST FOR ADMISSION NO. 6: Admit that on every occasion that you sent YouTube a DMCA takedown notice relating to an accused clip, YouTube responded "expeditiously," as that phrase is used in 17 U.S.C. § 512(c)(1)(A)(iii), to remove or disable access to the material claimed to be infringing. RESPONSE TO REQUEST FOR ADMISSION NO. 6: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the term "material." Cal IV further objects to this Request to the extent it calls for a legal conclusion. Subject to and without waiving the foregoing objections, Cal IV denies this Request. REQUEST FOR ADMISSION NO. 7: Admit that on every occasion that you sent YouTube a DMCA takedown notice relating to an accused clip, YouTube responded within seventy-two business hours to remove or disable access to the material claimed to be infringing. RESPONSE TO REQUEST FOR ADMISSION NO. 7: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the term "material." Subject to and without waiting the foregoing objections, Cal IV denies this Request. REQUEST FOR ADMISSION NO. 8: Admit that for all of the accused clips, prior to receiving a DMCA takedown notice from you identifying those specific clips, YouTube did not have "actual knowledge" that the material was infringing, as described in 17 U.S.C. § 512(c)(1)(A)(i). RESPONSE TO REQUEST FOR ADMISSION NO. 8: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the term "material." Cal IV further objects to this Request to the extent it calls for a legal conclusion. Subject to and without waiving the foregoing objections, Cal IV denies this Request.

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REQUEST FOR ADMISSION NO. 9: Admit that on no occasion did YouTube fail to expeditiously remove or disable access to an accused clip to the extent YouTube became aware of facts or circumstances from which infringing activity was apparent, as described in 17 U.S.C. § 512(c)(1)(A)(ii). RESPONSE TO REQUEST FOR ADMISSION NO. 9: Cal IV objects to this Request as compound. Cal IV further objects to this Request to the extent it calls for a legal conclusion. Subject to and without waiving the foregoing objections, Cal IV denies this Request. REQUEST FOR ADMISSION NO. 10: Admit that YouTube lacked the right and ability to control the infringing activity alleged by you in this case, as described in 17 U.S.C. § 512(c)(l)(B). RESPONSE TO REQUEST FOR ADMISSION NO. 10: Cal IV objects to this Request to the extent it calls for a legal conclusion. Subject to and without waiving the foregoing objections, Cal IV denies this Request. REQUEST FOR ADMISSION NO. 11: Admit that YouTube did not receive a financial benefit directly attributable to the infringing activity alleged by you in this case, as described in 17 U.S.C. § 512(c)(1)(B). RESPONSE TO REQUEST FOR ADMISSION NO. 11: Cal IV objects to this Request to the extent it calls for a legal conclusion. Subject to and without waiving the foregoing objections, Cal IV denies this Request. REQUEST FOR ADMISSION NO. 12: Admit that at all relevant times, access to and use of the youtube.com service was provided to users by YouTube free and without charge.

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RESPONSE TO REQUEST FOR ADMISSION NO. 12: Cal IV objects to this Request as compound. Cal IV further objects to the terms "at all relevant times," "access" and "use" as vague and ambiguous. For example, "use" of and "access" to the youtube.com website includes various activities, such as advertising. Subject to and without waiving the foregoing objections, Cal IV denies that "use" of the youtube.com website was provided free and without charge. REQUEST FOR ADMISSION NO. 13: Admit that at all relevant times YouTube had adopted and reasonably implemented, and informed its subscribers and account holders of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of YouTube who were repeat infringers, as described in 17 U.S.C. § 512(i)(1)(A). RESPONSE TO REQUEST FOR ADMISSION NO. 13: Cal IV objects to this Request as vague and ambiguous, including the terms "at all relevant times," "reasonably implemented" and "appropriate circumstances." Cal IV further objects to this Request to the extent it calls for a legal conclusion. Subject to and without waiving the foregoing objections, Cal IV denies this Request. REQUEST FOR ADMISSION NO. 14: Admit that at no time relevant to this lawsuit have there been any "standard technical measures" in existence as that term is defined in 17 U.S.C. §§ 512(i)(1)(B) and 512(i)(2). RESPONSE TO REQUEST FOR ADMISSION NO. 14: Cal IV objects to this Request as vague and ambiguous, including the term "in existence." Cal IV further objects to this Request to the extent it calls for legal conclusion. Cal IV further objects to this Request on the ground that the requested matter is outside the scope of information relevant to this case. Subject to and without waiving the foregoing objections, Cal IV denies this Request.

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REQUEST FOR ADMISSION NO. 15: Admit that you do not claim in this case that YouTube failed to comply with 17 U.S.C. §§ 512(i)(1)(B) (i.e., YouTube accommodates and not interfere with "standard technical measures" to the extent any exist). RESPONSE TO REQUEST FOR ADMISSION NO. 15: Cal IV objects to this Request to the extent it calls for a legal conclusion. Subject to and without waiving the foregoing objections, Cal IV denies this Request. REQUEST FOR ADMISSION NO. 16: Admit that the presence on the youtube.com website of videos embodying the works in suit can have the effect of increasing consumer demand for those works. RESPONSE TO REQUEST FOR ADMISSION NO. 16: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the phrases "can have the effect" and "consumer demand." Cal IV further objects to this Request on the ground that the requested matter is outside the scope of information relevant to this case. Cal IV further objects to this request on the ground that it seeks Cal IV's opinion regarding an incomplete hypothetical question, not the admission or denial of a fact. Subject to the foregoing objections, Cal IV denies this Request on the grounds that the presence of Cal IV content on youtube.com constitutes a substitution of the products sold or and licensed by Cal IV to third parties for a fee. REQUEST FOR ADMISSION NO. 17: Admit that you agreed to YouTube's Terms of Service when you created an account on the YouTube server. RESPONSE TO REQUEST FOR ADMISSION NO. 17: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the term "Terms of Service." Subject to

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and without waiving the foregoing objections, Cal IV states that it created a YouTube account in order to sign up for the Content Verification Program and further states that in order to sign up for the Content Verification Program, Cal IV was required by YouTube to agree to whatever terms YouTube unilaterally imposed on the YouTube account. REQUEST FOR ADMISSION NO. 18: Admit that while you signed up for YouTube's Content Verification Program, you did not use it. RESPONSE TO REQUEST FOR ADMISSION NO. 18: Cal IV objects to this Request on the ground that it calls for the disclosure of information protected by the attorney-client privilege and/or the work-product doctrine. Cal IV further objects to this Request on the grounds that YouTube has used several euphemisms to refer to a number of "tools" that it offers to content owners. To the extent that the Content Verification Program "tool" is an electronic substitute for a DMCA takedown notice, Cal IV states that after signing up for the Content Verification Program, it determined that because of the huge volume of infringements of its works on the YouTube website, use of the Content Verification Program would not be an effective means of protecting Cal IV's copyrighted content and that it has not used this "tool" and otherwise denies this Request. REQUEST FOR ADMISSION NO. 19: Admit that you have not signed up to use YouTube's Content ID tool. RESPONSE TO REQUEST FOR ADMISSION NO. 19: Cal IV objects to this Request on the grounds that YouTube has used several euphemisms to refer to a number of "tools" that it offers to content owners. To the extent that Content ID is a "tool" that refers to digital

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fingerprinting technology, Cal IV states that Defendants have not made their digital fingerprinting technology readily available to Plaintiffs on reasonable terms. REQUEST FOR ADMISSION NO. 20: Individually for each accused clip, admit that you did not send a DMCA takedown notice to YouTube within one week of becoming aware of that clip's presence on YouTube. RESPONSE TO REQUEST FOR ADMISSION NO. 20: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the term "becoming aware." Cal IV further objects to this Request on the ground that it calls for the disclosure of information protected by the attorney-client privilege and/or the work-product doctrine. Cal IV further objects to this Request on the ground that the requested matter is outside the scope of information relevant to this case. Cal IV further objects to this request on the ground that it misconstrues the parties' respective obligations under applicable law. Subject to and without waiving the foregoing objections, Cal IV denies this Request to the extent that Cal IV and/or its agents have sent DMCA takedown notices to YouTube within one week of Cal IV discovering the infringing content. Cal IV states that, because of the huge volume of infringements of its works on the YouTube website, it notified YouTube in a manner compliant with the DMCA as expeditiously as possible after determining that each YouTube video that is claims as infringing in the Complaints in this action infringed its content. REQUEST FOR ADMISSION NO. 21: Individually for each accused clip, admit that you did not send a DMCA takedown notice to YouTube within one month of becoming aware of that clip's presence on YouTube. RESPONSE TO REQUEST FOR ADMISSION NO. 21: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the term "becoming aware." Cal IV further objects to this Request on the ground that it calls for the disclosure of information 13

protected by the attorney-client privilege and/or the work-product doctrine. Cal IV further objects to this Request on the ground that the requested matter is outside the scope of information relevant to this case. Cal IV further objects to this request on the ground that it misconstrues the parties' respective obligations under applicable law. Subject to and without waiving the foregoing objections, Cal IV denies this Request to the extent that Cal IV and/or its agents have sent DMCA takedown notices to YouTube within one month of Cal IV discovering the infringing content. Cal IV states that, because of the huge volume of infringements of its works on the YouTube website, it notified YouTube in a manner compliant with the DMCA as expeditiously as possible after determining that each YouTube video that it claims as infringing in the Complaints in this action infringed its content. REQUEST FOR ADMISSION NO. 22: Individually for each accused clip, admit that you did not send a DMCA takedown notice to YouTube within two months of becoming aware of that clip's presence on YouTube. RESPONSE TO REQUEST FOR ADMISSION NO. 22: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the term "becoming aware." Cal IV further objects to this Request on the ground that it calls for the disclosure of information protected by the attorney-client privilege and/or the work-product doctrine. Cal IV further objects to this Request on the ground that the requested matter is outside the scope of information relevant to this case. Cal IV further objects to this request on the ground that it misconstrues the parties' respective obligations under applicable law. Subject to and without waiving the foregoing objections, Cal IV denies this Request to the extent that Cal IV and/or its agents have sent DMCA takedown notices to YouTube within two months of Cal IV discovering the infringing content. Cal IV states that, because of the huge volume of infringements of its works on the YouTube website, it notified YouTube in a manner compliant with the DMCA as 14

expeditiously as possible after determining that each YouTube video that it claims as infringing in the Complaints in this action infringed its content. REQUEST FOR ADMISSION NO. 23: Admit that you retracted DMCA takedown notices sent to YouTube for one or more of your works. RESPONSE TO REQUEST FOR ADMISSION NO. 23: Cal IV objects to this Request on the grounds that the terms "retracted" and "your works" are vague and ambiguous as used in this Request. Cal IV further objects to this Request on the ground that the requested matter is outside the scope of information relevant to this case. Cal IV further objects to this Request to the extent it calls for a legal conclusion. Subject to and without waiving the foregoing objections and as further set forth in Cal IV's response to Interrogatory No. 14 and Cal IV witnesses' deposition testimony, Cal IV states that on one occasion it retracted its request to take down two video clips that were posted by Carey Ott--a songwriter employed by Cal IV at the time as an independent contractor over whom Cal IV had no control--as a courtesy to Mr. Ott. Cal IV otherwise denies the Request. REQUEST FOR ADMISSION NO. 24: Admit that you have issued licenses for works in suit that grant the license the right to exhibit and distribute the work on websites, including YouTube.com. RESPONSE TO REQUEST FOR ADMISSION NO. 24: Cal IV objects to this Request on the grounds that the terms "exhibit", "distribute" and "the work" are vague and ambiguous as used in this Request. Cal IV further objects to this Request on the ground that the requested matter is outside the scope of information relevant to this case. Cal IV further objects to this Request on the ground that any rights extended to a licensee of Cal IV content do not extend to parties such as unauthorized uploaders of content or YouTube, neither of whom derive any rights 15

under such license. Subject to and without waiving the foregoing objections, Cal IV denies that language granting rights in a license can be read in isolation and states that is must be read in light of other terms and restrictions in that license. Cal IV states that it has granted a limited number of licenses that grant certain rights, subject to various limitations, including without limitation, limitations on duration, territory, and use of musical compositions only in connection with particular video footage and in some cases, limitations to particular websites; among such licenses, there are an even smaller number that have granted licensees the right to use certain musical compositions on YouTube in combination with certain specified footage and in exchange for the payment of a license fee, subject to such additional restrictions, such as duration, territory and other restrictions of the type described above. REQUEST FOR ADMISSION NO. 25: Admit that the license agreement produced at CAL00002218 grants the licensee the right to exhibit and distribute the work on websites, including YouTube.com. RESPONSE TO REQUEST FOR ADMISSION NO. 25: Cal IV objects to this Request on the grounds that the terms "exhibit", "distribute," "the work" and "on websites" are vague and ambiguous. Cal IV further objects to this Request on the grounds that the requested matter is not relevant to this case, because there is no evidence that Defendants or the uploader of any infringing clip has represented that they have a license to post Cal IV content on YouTube. Cal IV further objects on the ground that any rights extended to a licensee of Cal IV content do not extend to parties such as unauthorized uploaders of content or YouTube, neither of whom derive any rights under such license. Subject to and without waiving the foregoing objections, Cal IV denies that language granting rights to exploit content in "all media now known or hereafter devised," "online programming services" or "downloads and/or streams" standing alone authorizes a licensee to exploit Cal IV content on websites generally or on YouTube.com 16

specifically. Cal IV states that the license produced at the bates number above grants certain rights to exploit Cal IV content on the internet subject to the express terms of the agreement, including the fee paid by the licensee in exchange for said rights. REQUEST FOR ADMISSION NO. 26: Admit that the license agreement produced at CAL0000233 grants the licensee the right to exhibit and distribute the work on websites, including YouTube.com. RESPONSE TO REQUEST FOR ADMISSION NO. 26: Cal IV objects to this Request on the grounds that the terms "exhibit", "distribute," "the work" and "on websites" are vague and ambiguous. Cal IV further objects to this Request on the grounds that the requested matter is not relevant to this case, because there is no evidence that Defendants or the uploader of any infringing clip has represented that they have a license to post Cal IV content on YouTube. Cal IV further objects on the ground that any rights extended to a licensee of Cal IV content do not extend to parties such as unauthorized uploaders of content or YouTube, neither of whom derive any rights under such license. Subject to and without waiving the foregoing objections, Cal IV denies that language granting rights to exploit content in "all media now known or hereafter devised," "promotional downloading for marketing purposes," "streaming and temporary downloading" and "permanent downloading" standing alone authorize a licensee to exploit Cal IV content on websites generally or on YouTube.com specifically and further states that the license produced at the bates number above specifically excludes "theatrical, out-of-context and/or non-sequential / non-linear uses," such as YouTube.com. Cal IV states that the license produced at the bates number above grants certain rights but excludes "theatrical, out-of-context and/or non-sequential / non-linear uses."

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REQUEST FOR ADMISSION NO. 27: Admit that the license agreement produced at CAL 0000219-20 grants the licensee the right to exhibit and distribute the work on websites, including YouTube.com. RESPONSE TO REQUEST FOR ADMISSION NO. 27: Cal IV objects to this Request on the grounds that the terms "exhibit", "distribute," "the work" and "on websites" are vague and ambiguous. Cal IV further objects to this Request on the grounds that the requested matter is not relevant to this case, because there is no evidence that Defendants or the uploader of any infringing clip has represented that they have a license to post Cal IV content on YouTube. Cal IV further objects on the ground that any rights extended to a licensee of Cal IV content do not extend to parties such as unauthorized uploaders of content or YouTube, neither of whom derive any rights under such license. Subject to and without waiving the foregoing objections, Cal IV denies that language granting rights to exploit in "any and all linear media, whether now known or hereafter devised" and "Internet (whether downloading, streaming or otherwise)" standing alone authorize a licensee to exploit Cal IV content on websites generally or on YouTube.com specifically. Cal IV states that the license produced at the bates number above grants certain rights to exploit Cal IV content subject to the express terms of the agreement, including the fee paid by the licensee in exchange for said rights and the limitation that rights conferred by the license apply "only in synchronization or timed relationship to the Motion Picture and trailers." REQUEST FOR ADMISSION NO. 28: Admit that the license agreement produced at CAL00002597-601 grants the licensee the right to exhibit and distribute the work on websites, including YouTube.com. RESPONSE TO REQUEST FOR ADMISSION NO. 28: Cal IV objects to this Request on the grounds that the terms "exhibit", "distribute," "the work" and "on websites" are vague and

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ambiguous. Cal IV further objects to this Request on the grounds that the license produced at the bates numbers is not applicable to the works-in-suit. Cal IV further objects to this Request on the grounds that the requested matter is not relevant to this case, because there is no evidence that Defendants or the uploader of any infringing clip has represented that they have a license to post Cal IV content on YouTube. Cal IV further objects on the ground that any rights extended to a licensee of Cal IV content do not extend to parties such as unauthorized uploaders of content or YouTube, neither of whom derive any rights under such license. Subject to and without waiving the foregoing objections, Cal IV denies that language granting rights to exploit in "a streamed transmission" "audio and/or audiovisual download offered via official show website and all other associated and branded websites," "audio download/streaming realtone or ringback," "Internet Streaming via official show websites" and "Internet Streaming via affiliated websites (e.g., www.hulu.com)" standing alone authorize a licensee to exploit Cal IV content on websites generally or on YouTube.com specifically. In addition, Cal IV denies that the license produced at the bates number above grants rights to exploit Cal IV content on YouTube.com, because the express terms of the agreement permit exploitation of Cal IV content only on "official show websites" and "affiliated websites (e.g., www.hulu.com)." REQUEST FOR ADMISSION NO. 29: Admit that on no occasion did you inform YouTube of the existence of the license agreements set forth in Requests 27-30. RESPONSE TO REQUEST FOR ADMISSION NO. 29: Cal IV objects to this Request as unintelligible on the ground that no license agreements are set forth in Requests 29 and 30. Cal IV further objects to this Request on the ground that the requested matter is outside the scope of information relevant to this case. Subject to and without waiving the foregoing objections, Cal IV denies this Request to the extent it implies that Cal IV has any obligation to inform YouTube 19

of the existence of these license agreements. As a business practice, it is ordinarily incumbent upon the party exploiting content, i.e. YouTube, to seek and obtain appropriate license as well as information concerning the owner and/or administrator of content it is exploiting. Such information is readily and publicly available including through public databases identifying Cal IV as the administrator of and/or owner of the works in suit and other Cal IV content. Cal IV further denies this Request for the reasons set forth in its responses to Requests nos. 27-30. REQUEST FOR ADMISSION NO. 30: Individually for each accused clip, admit that you did not consult with the co-owner(s) of the work-in-suit to ensure that the clip was not authorized to appear on the YouTube.com site. RESPONSE TO REQUEST FOR ADMISSION NO. 30: Cal IV objects to this request on the grounds that it is vague and ambiguous, including the terms "consult", "ensure" and "coowner(s)." Cal IV further objects to this Request on the grounds the requested matter is outside the scope of information relevant to this case. Subject to and without waiving the foregoing objections, Cal IV denies this Request to the extent it implies that Cal IV is obligated to consult with a co-owner (if any) to ensure that each accused clip was unauthorized to be on the YouTube website, and states that, with respect to each accused clip, it either has the right to take legal action without consulting with a co-owner (if any), or it obtained approval from a co-owner (if any) to take legal action against Defendants. REQUEST FOR ADMISSION NO. 31: Individually for each accused clip, admit that you did not consult with the writer (i.e., a writer signed with Cal IV) of the work-in-suit to ensure that the clip was not authorized to appear on the YouTube.com site.

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RESPONSE TO REQUEST FOR ADMISSION NO. 31: Cal IV objects to this request on the grounds that it is vague and ambiguous, including the terms "consult," "ensure" and "writer." Cal IV further objects to this Request on the grounds that the requested matter is outside the scope of information relevant to this case. Subject to and without waiving the foregoing objections, Cal IV denies this Request to the extent it implies that Cal IV is obligated to consult with the "writer" to ensure that each accused clip was unauthorized to be on the YouTube website, and states that, with respect to each accused clip, Cal IV either has no obligation to consult with the "writer" of the work prior to taking action against Defendants for infringements of Cal IV's works, or that it obtained the necessary authorizations (if any were necessary) to take action against Defendants. REQUEST FOR ADMISSION NO. 32: Individually for each accused clip, admit that you did not consult with any of your licensees to ensure that the clip was not authorized to appear on the YouTube.com site. RESPONSE TO REQUEST FOR ADMISSION NO. 32: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the words "consult" and "ensure." Cal IV further objects to this Request on the grounds that the requested matter is outside the scope of information relevant to this case. Subject to and without waiving the foregoing objection, Cal IV denies that, with respect to each accused clip, any of the infringing clips involved licensed materials within the scope of the license. REQUEST FOR ADMISSION NO. 33: Admit that some of your works in suit are co-owned by third parties. RESPONSE TO REQUEST FOR ADMISSION NO. 33: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the terms "co-owned" and "third parties."

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Cal IV further objects to this Request on the grounds that it seeks information that is neither relevant to any claim or defense of any party nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, Cal IV denies this Request as to the work-in-suit "Sharing the Night Together" and admits this Request as to the work-in-suit "If You're Going Through Hell." REQUEST FOR ADMISSION NO. 34: Admit that for the works in suit co-owned by third parties, the co-owners are not required to consult with you or seek your permission before licensing the work. RESPONSE TO REQUEST FOR ADMISSION NO. 34: Cal IV objects to this Request on the grounds that it is vague and ambiguous, including the terms "co-owned," "third parties," "coowners," and "consult." Cal IV further objects to this Request on the grounds that it seeks information that is neither relevant to any claim or defense of any party nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, Cal IV denies this Request as inapplicable to the work-in-suit "Sharing the Night Together." Cal IV denies this Request with regard to work-in-suit "If You're Going Through Hell" insofar as it applies to licensing for the YouTube website. REQUEST FOR ADMISSION NO. 35: Admit that your writers (i.e. writers signed by Cal IV) have posted videos on YouTube. RESPONSE TO REQUEST FOR ADMISSION NO. 35: Cal IV objects to this request on the grounds that it is vague and ambiguous, including the term "writer." Cal IV further objects to this Request on the grounds that it seeks information that is neither relevant to any claim or defense of any party nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, Cal IV denies this Request to the extent

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it related to Cal IV's works-in-suit. Cal IV states that to its knowledge and as further set forth in Cal IV's response to Interrogatory No. 14 and Cal IV witnesses' deposition testimony, Carey Ott--a songwriter previously employed by Cal IV as an independent contractor over whom Cal IV had no control--posted videos on YouTube, but was not authorized to do so at the time of posting Cal IV otherwise denies the Request.

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Schapiro Exhibit 104

Schapiro Exhibit 105

Schapiro Exhibit 106

Schapiro Exhibit 107

Schapiro Exhibit 108

Schapiro Exhibit 109

Schapiro Exhibit 110

Schapiro Exhibit 111

Schapiro Exhibit 112

Schapiro Exhibit 113

Schapiro Exhibit 114