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

Filing 267

DECLARATION of Andrew H. Schapiro, Group 10, Exhibit 374 - 378 in Opposition 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 Google, Inc., Youtube, Inc., Youtube, LLC. (Attachments: # 1 Exhibit 380 - 386, # 2 Exhibit 387 - 412, # 3 Exhibit 413 - 420, # 4 Exhibit 421 - 422, # 5 Exhibit 423, Part 1, # 6 Exhibit 423, Part 2, # 7 Exhibit 423, Part 3, # 8 Exhibit 424 - 425)(Schapiro, Andrew)

Schapiro Exhibit 380

Subject: Re: Video Search Challenge From: "Megan Crowell. -0
To: Cc:

Date:
Hi

Powell Bryan Warman; Kristina Tipton; Megan Wahtera; Mickey Worsnup; Sara Bordo Sat, 25 Feb 2006 02:40:25 +0000
Amy

Amy,

Kristina & I have reviewed your list of video sites & have iooked into some others as well. Here are our suggestions for incorporating these sites into our marketing campaign:

- For sites such as Google video & AOL video search, we should always be sure to supply these search engines with all of our content & metadata to ensure user searches are fulfilled with offcial, high quality content - We recommend YouTube, Vimeo, & VidiLife as sites to post our content for viral distribution. In these instances, the best promotion can be gained by: * Posting behind-the-scenes footage or content from the cuttng room floor, so users feel they have found
something unique rather than a traditional trailer

* Whenever possible tagging our content with related phrases to capture search audiences * Encouraging our intemal team to rank, view, & comment on these placements (not using Paramount
email accounts) to gain higher positIon in clip galleries
* Anonymously tipping a blog or two about the placement (i.e. Ad Rants, Fark, BoingBoing) without sounding like an obvious marketing ploy. Example: "was watching jesus the muscial for the 100th time & saw a cool jack black clip for Nacho liBre. Never heard of it, but was stoked to see its by the same people who did Napoleon Dynamite. Anyways, in this clip he's gettng waxed & its worse than 40 year old virgin. ouch!" - Once we have distrbuted content, we need to continue free access from the source (see ppt for details on NBC/YouTube disaster)

Attached you can also find a more in-depth review of these sites & their offerings.

Megan Crowell Paramount Pictures Interactive Marketing

323.956.8471 fax: [phone]
-_.._-- -Replied-by------Crowell----2/24/2006 -6:39:52 PM - ----- - Megan ----- on ------- -----

From:Amy Powell
02/20/200611:51 AM To: kristina_Jipton @paramou!'com,[e-mail],. [e-mail]

cc: [e-mail], bryarLwarman@paramountcom, [e-mail]
Subject Video Search Challenge

KT & Me: please do an anaylsis of sites below and lets discuss how we can utilize them to begin viral video

campaigns.

Amy

Powell Senior Vice President, Interactive Marketing Paramount Pictures

February 20, 2006

Video Search Challenge

CON FlO ENTIAL

VIA00366274

Devising the Kiler App for Easier Browsing Is Taking on Urgency By Daisy Whitney

At nearl every industr conference or panel in the past few months, video search has emerged as the new hot
topic as content multiplies on numerous platforms-broadband, traditonal television, video-an-demand, mobile phones and irunes. As delivery methods and programming grow at an exponential rate, the industry is seeking new means

to navigate seamless/y through the content.
Story continues below...
"Everyody is trng to figure out how to manage it; said Andy Addis, executie VP of Hilcrest Labs, which

enables navigation across devices using a visual interface. "In a world where content choice becomes limitless,
navigation Is at the end of the day going to separate the winner frm the loser. If consumers can't find this stu, they

don't derive any value. If they don't derie any value, they either downgrade, disconnect or take the box back."

Thats why .video search" has become the new buzz phrase and has bubbled up quickl as a crucial issue for the TV business, in all it new and old media manifstations.
Teleos, cable operators, satellte providers, mobile phone companies and broadband

servng up gobs of content. But the advantage may lie not in volume of content, but rather in a meaningfl way to sif
through It.

channels are all now

Video search Is a wIde-open business, a true green field niche in the frantic new world of consumer-controlled

TV. Every player has a slightl diferent approach to search. Among the companies attempting to crack the nut of video search are AOL, Google, Gemstar-TV Guide, Hilcrest Labs and MeeVee. There are others, of course, but their
early work represents a good cross-secton of approaches.
Here's a look at how a handful of players are approaching thIs nascent business opportnity.

Hilcrest Labs
Hillcrest came on the scene at the Consumer Electronics Show and has been generating some industr buzz
wit its intuitie approach to search. Rather than using a standard remote control, Hillcrests content navigation

system necessitates the use of a round, ring-like remote wih only two buttons and a scroll wheel to zoom in and out of content options. It operates like a mouse and allows viewers to navigate through a visual interface. This navigation strategy Is built on concepts popularized by Web sites such as Amazon and Netfix, which rely on browsing and

recommendation.
Hilcrests system is designed to let users navigate all their content, such as VOD, linear TV or digital photos, in the same fashion. "You find a VOD movie the same way you find a CD or a song you want," Mr. Addis said.

The system is intuitve, so it can guide viewers through content and also help them dril down to other, similar like Amazon.com, can suggest or recommend content. Hilcrest has pursued this visual approach because video search isn't about looking up video content by a keyword, Mr. Addis said. .Consumers will not be inclined to sit back on their couch and lean forward and pick up a keyboard and say, 'i don't know what I want to watch tonight,"' he said.
content, such as movies or shows wit the same actor. The servce,

Thats why the browse functon is such a critical part of the navigation process, he said. Hilcrest is marketing it product to servce providers, consumer electronics companies and PC makers.
AOL Video Search

AOL plans to launch a new version of its video search site this week now that it has Integrated its existing search capabilties with those of it newly acquired video search service, Truveo. AOL's approach is built on a pure search paradigm, but also enables browsing in AOL's video library of more than 20,000 video assets.

Truveo's technology searches content visually. While video search is its own animal, it draws comparisons with

CONFIDENTIAL

VIA00366275

tex search, because thats the gold standard for consumers, said Kevin Conroy, executie VP for AOL Media

Networks.
"There is an expectation in the marketplace of what people expect to get when they type in a search query. The bar has been set and its our challenge to deliver as good a result for video search as people have come to expect for text search:' he said. Google Video

The company that defines traditional search on the Internet alms to playa leading role in video search as well.

That work wil come largely through its Google Video service.
Rather than search for video on the main Google page, where video results would tum up with other results or not at all, Google wants users to look for video specifically at Google Video. Once there, searching isn't the only way around. The service is browse-based, too, and enables random discovery of content.
Gemstar-TV Guide

The dominant provider of interacte program guides, which services Comcasts footprint, wil release a new
version of it guide in the middle of this year in a phased rollout to Comcast homes. This new iteration will include
Integrated search capabilties.

Today users can search for content on linear TV. But the next version wil enable viewers to search for programming from both video-on-demand offerings and traditionally scheduled TV, said Mike McKee, president of interactve program guides for Gemstar.TV Guide.

lts important to offer diferent search experiences because some viewers will want to use the grid while others wil want to search by genre, title or actor, he said: "We want to offer it in multiple ways."

MeeVee
An online TV guide, MeeVee searches through actual TV listings rather than all video on the Web. The approach of MeeVee is to look forward into the next few weeks of scheduled TV programming rather than look back

on the Web for past content.
lts also designed to be a personal guide that helps users manage viewing preferences, send them to a friend or be alerted to upcoming content, said Mattew Cullen, VP of sales and business development for MeeVee. 'We want to be the place people come to discover video they want to watch, whether through linear TV or Internet TV

channels," he said.
List of attachments:

VideoSharingSites.ppt

CONFIDENTIAL

VIA00366276

Video Sharing Sites
Overview

The recent rise in popularit of video sharing sites seems a perfec fit for promoting viral video content. However, upon further research some key themes have arisen that wil be importnt to keep in mind:

-If we are going to distibute this content, we need to ensure that once
poted, we can continue to allow free access from the source - NBC legally forced YouTube to remove the SNL Lazy Sunday clip & asked users to instead view from the offcial site. This was looked negatively upon & NBC recived negative buzz from many blogs

- Goole's DRM system has annoyed users who want to continue to
watch a clip over time -The be way to garner heavy promotion is to rely on sites that showcase top clips -Placing viral content on AOL and/or Google video search engines is

unlikely to work, other than by reaching users specifically searching for that content
Continued on next slide. . .

1

HIGHLY CONFIDENTIAL

VIA00366277

Video Sharing Sites
Overview Continued
-Many sites encourage user comments, so we should be aware of the

potential for negative feedback
-Suggest staying away from poing Tom Cruise

-A traditional trailer is not interesing to these users

clip, for instance

-Beind the scenes footage or content that appears to be from the aittng room floor seems much more special & therefore worth sending
to friends & coworkers -Whenever possible we should tag our content wit related phrases to

capture search audience
.If possible, we should anonymously tip a blog or two to pos about the placement (i.e. AdRants, Fark), without sounding like an obvious marketing ploy

2

HIGHLY CONFIDENTIAL

VIA00366278

AOL Video Search
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3

HIGHLY CONFIDENTIAL

VIA00366279

AOL Video Search
Results pages show screenshot of clip along with length & original

source. Lots of content duplication from various sources makes the
user experience somewhat frustrating.

- 3.7 M unique users
-48% M / 52% F
-User base is mostly young adults:

-Ages 18-24: 12% (441,000) -Ages 25-34: 14% (512,000) -Ages 35-54: 42% (1,546,000)

\

4
HIGHLY CONFIDENTIAL

VIA003662BO

Google Video
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5

HIGHLY CONFIDENTIAL

VIA00366281

Google Video
Search engine allows users to search for video assets online. Seems

like it doesn't have that many sites included in database.

In researching this site, I uncovered backlash on this feature as not
being a user driven initiate, but rather a corporate DRM mess.
-Media Builder shows 170,000 monthly uniques

6
HIGHLY CONFIDENTIAL

VIA00366282

Vimeo

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7

HIGHLY CONFIDENTIAL

VIA00366283

Vimeo
Part of Conneced Ventures (CollegeHumor.com). Homepage shows top clips, newest clips, & users who have uploaded multiple clips. Users also have a profie, so it seems to attract a younger & more social audience.
Message boards are displayed under clip so users can comment. Clips can also be tagged with keywords to help with searching. A large majority of the content is pornographic. Must sign in to view any clips.
-Does not appear in Media Metrix

.8

HIGHLY CONFIDENTIAL

VIA00366284

YouTube
~:~~liiiiiiií¡iifq¡ill;:ll!lli'"lli~.¡:;:;d:;;.::
i::::::::::::::::::::::~::::::::::::::::::::::::: ¡~~~~~0:~~~ii:~:s~:1

9
HIGHLY CONFIDENTIAL

VIA00366285

YouTube
Free video uploading service. Lots of video bloggíng. Restrictions include nudity & also "video must be appropriate for all ages". Great

formatting - clips are organized into several categories (top viewed, most discussed) and numerous channels (art, people, blogging, etc.).
-2,741,000 unique users
-53% M / 47% F
-User base is growing at all age levels: -Ages 18-24: 8% (222,000)

-Ages 25-34: 7% (186,000) -Ages 35-54: 17% (478,000)

10

HIGHLY CONFIDENTIAL

VIA00366286

Other Sites of Interest
· VideoBomb (the more users interact with the content, the more

promotion it garners)

.MetaFilter.com (community weblog)
.Yashi.com (similar to YouTube)

.Vidilfe.com (compatible with MySpace & Friendster)

11

HIGHLY CONFIDENTIAL

VIA00366287

Schapiro Exhibit 381

Subject: From: To: Cc:

Fw: IFILM - Clip of the Day "Amy Powell" o Kristina Tipton; Bryan Warman Date: Mon, 10 Apr 2006 21:11:00 +0000

This is GREAT.

Can you get on youtube, etc?

Sent from my BlackBerry Wireless Handheld

--- On'ginal Message --From: ClipOf~heDay
Sent: 04/10/2006 02:00 PM

To: undisclosed-reclpients:

Subject: IFILM Clip of the Day IFILM - Clip of the Day

<hnp://dyn.ifilm.com/resize/image/stills/films/resize/istd/2 717741.jpglwidth=100&heighb56> Mission: Impossible iii: Laugh Reel <hap://www.ifilm.com/ifilmdetai1/27177411refsire=7114&c=clod&cid=471~ Tom Cruise and J.J. Abrams get the giggles while doing publicityfor Mission:Impossible IIIin this IFILMExclusive.
http:llwww.ifilm.com/ifilmdetai1/2717741

Clip of the Day brought to you by IFILM.com

Cancel <hnp:lEwww.ifilm.com/subscriptionslclod> of the Day. Clip

CONFIDENIIAL

VIAOD862882

Schapiro Exhibit 382

Schapiro Exhibit 383

Schapiro Exhibit 384

Page 1
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK VIACOM INTERNATIONAL, INC., COMEDY PARTNERS, COUNTRY MUSIC. TELEVISION, INC., PARAMOUNT PICTURES CORPORATION, and BLACK ENTERTAINMENT TELEVISION, LLC, ) ) ) ) ) ) Plaintiffs, ) ) vs. ) NO. 07-CV-2203 ) YOUTUBE, INC., YOUTUBE, LLC, ) and GOOGLE, INC., ) ) Defendants. ) ___________________________________) ) THE FOOTBALL ASSOCIATION PREMIER ) LEAGUE LIMITED, BOURNE CO., et al.,) on behalf of themselves and all ) others similarly situated, ) ) Plaintiffs, ) vs. ) NO. 07-CV-3582 ) YOUTUBE, INC., YOUTUBE, LLC, and ) GOOGLE, INC., ) ) Defendants. ) ___________________________________) VIDEOTAPED DEPOSITION OF TAMAR TEIFELD PALO ALTO, CALIFORNIA WEDNESDAY, FEBRUARY 18, 2009 JOB NO. 16515

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]
84c58394-f1ea-41d0-abf5-5a06343659b1

Page 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

FEBRUARY 18, 2009 9:12 a.m.

VIDEOTAPED DEPOSITION OF TAMAR TEIFELD, WILSON SONSINI GOODRICH & ROSATI, LLP, 601 California Ave., Palo Alto, California, pursuant to notice, and before me, ANDREA M. IGNACIO HOWARD, CLR, RPR, CSR License No. 9830.

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]
84c58394-f1ea-41d0-abf5-5a06343659b1

Page 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A P P E A R A N C E S:

FOR THE PLAINTIFFS VIACOM INTERNATIONAL INC.: SHEARMAN & STERLING LLP By: KIRSTEN NELSON CUNHA, Esq.

599 Lexington Avenue New York, New York 10022-6069 [phone] [e-mail]

FOR THE DEFENDANTS YOUTUBE, INC., YOUTUBE, LLC and GOOGLE, INC.: WILSON SONSINI GOODRICH & ROSATI, LLP By: MICHAEL H. RUBIN, Esq. CAROLINE WILSON, Esq. 650 Page Mill Road Palo alto, California 94304 [phone] [e-mail]

ALSO PRESENT: PARAMOUNT PICTURES By: PAUL KOENIG, Esq.

5555 Melrose Avenue Hollywood, California 90038-3197 [phone] [e-mail]

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]
84c58394-f1ea-41d0-abf5-5a06343659b1

Page 4
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

APPEARANCES

(Continued.)

ALSO PRESENT:

Lou Meadows, Videographer.

---oOo---

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]
84c58394-f1ea-41d0-abf5-5a06343659b1

Page 163
1 14:04:53 14:04:59 14:05:00 14:05:02 14:05:05 14:05:06 14:05:09 14:05:11 14:05:14 14:05:16 14:05:21 14:05:22 14:05:26 14:05:28 14:05:30 14:05:34 14:05:34 14:05:34 14:05:37 14:05:37 14:05:43 14:05:47 14:05:55 14:05:55 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

TEIFELD Q What other films have you been involved --

let me start that again. For what other films have you been involved with the online marketing other than those we've talked about today? MS. CUNHA: MR. RUBIN: While employed at Paramount? Q. My understanding was that you

weren't involved with it at MGM, so yeah, it would be, based on your testimony, limited to Paramount. A Q A Yes. Okay. There's too many to name. So --

We released about 20 films a year, and I've

been there for three years, so -Q Is it -- and is it fair to say that online

marketing is a component for the promotional aspect of every film? A Q A Q Yes. Just to one degree or the other? Yes. And the online marketing that you do, your

role, your team in fact that you testified earlier, is intended to benefit the film; is that right? A Q Yes. And you select the websites and the

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]
84c58394-f1ea-41d0-abf5-5a06343659b1

Page 164
1 14:06:01 14:06:05 14:06:08 14:06:12 14:06:14 14:06:17 14:06:18 14:06:23 14:06:29 14:06:32 14:06:36 14:06:43 14:06:50 14:06:55 14:06:57 14:07:03 14:07:06 14:07:08 14:07:09 14:07:11 14:07:13 14:07:15 14:07:19 14:07:24 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

TEIFELD webmasters and the viral video websites that you work with and to which you upload video content because you believe it will provide a promotional benefit to the film you're working on; is that right? A We -- yeah, we select people that we send

content to. Q How about when you upload videos directly?

Do you do so in connection with sites and viral video websites that you believe will provide a promotional benefit to the film? A Q Yes. Has it ever occurred that a video uploaded by

your team or authorized to be uploaded by your team but uploaded by a third party in connection with a promotion has been taken down by Viacom for allegations of copyright infringement? A What was the original question? Sorry. Am I

aware of it? Q It was a long one. Do you know whether that's ever occurred, whether it's ever happened that your team, in the context of marketing, works -- sorry -- marketing movies have uploaded a video clip to YouTube, for example, and then some other component of Viacom had

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]
84c58394-f1ea-41d0-abf5-5a06343659b1

Page 165
1 14:07:29 14:07:32 14:07:35 14:07:40 14:07:45 14:07:47 14:07:47 14:07:49 14:07:52 14:07:54 14:07:57 14:07:57 14:07:58 14:07:59 14:08:01 14:08:05 14:08:05 14:08:08 14:08:08 14:08:09 14:08:16 14:08:18 14:08:24 14:08:25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

TEIFELD sent a takedown notice to remove the video? A Q I don't recall. Has it ever occurred with any website where

there's been confusion around the authorization of the video clip that's been posted by the site? A Yes. MS. CUNHA: MR. RUBIN: objects. Objection to form. You're allowed to answer when she

You didn't do anything wrong. MS. CUNHA: She already had answered before I

objected. THE WITNESS: MR. RUBIN: Sorry.

She'll tell you she wants you to It's a hard thing to do.

wait before you answer. Q with? A

What websites has that happened in connection

There's a lot of websites where that's

happened. Q A Q Can you name any? Yes. IESB, LatinoReview, MovieWeb. You

And it may have happened on YouTube.

just can't recall a specific incident? A Q What may have happened? That you've uploaded -- that someone has

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]
84c58394-f1ea-41d0-abf5-5a06343659b1

Page 166
1 14:08:27 14:08:30 14:08:32 14:08:33 14:08:35 14:08:36 14:08:38 14:08:39 14:08:41 14:08:43 14:08:44 14:08:46 14:08:52 14:08:53 14:09:03 14:09:05 14:09:05 14:09:09 14:09:14 14:09:16 14:09:17 14:09:20 14:09:21 14:09:22 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

TEIFELD uploaded material for promotional purposes that has then been taken down by the company? MS. CUNHA: Objection to form. That's not

what she just identified. MR. RUBIN: A Q. What were you identifying?

I was identifying unauthorized content being

posted on these sites. Q Okay. Then keep -- keep going with that

list, then. A Q The list of websites? To which you -- to which you believe

unauthorized content had been posted. A Q Those are the main sites. So just to get clear here. I think that we

mangled that a little bit. A Q Yeah. You identified three sites, IESB,

LatinoReview and MovieWeb, as being sites that you can recall unauthorized content being posted to? A Q A Q A Yes. Can you recall others? Yes. Sure. -- keep naming? Do you want me to --

805 Third Avenue, New York, New York 10022

DAVID FELDMAN WORLDWIDE, INC.

[phone]
84c58394-f1ea-41d0-abf5-5a06343659b1

Schapiro Exhibit 385

From: Date:
To: Cc:

"Apmann, Todd" <Todd.Apmann~ Wed, 9 Aug 2006 15:55:00 -0400
"Exarhos, "Armenia,

mtvstaff.com>

Tina" <Tina. Exarhos @ mtvstaff.com> Joe" <[e-mail]>

Subject:
HiTina-

HumanCiant

Attached is a list of sites to which I recommend leaking the Human Giant clips. Would love to get 1 or more clips from Tony DiSanto with '7he Human Giant" and/or www.thehumangiant.com stamped on them. This can get started as soon as we receive the clips. Please look over and let me know what you think--Damon and Julie sending me their recommendations as well, but I wanted to get this to you quickly.
Thanks,
Todd

Todd Apmann Director, Program Promotion
MTV: Music Television 212.846.6942

[e-mail]
List of attachments:

Human Giant Online Video Seeding.doc

HIGHLY

CONFIDENTIAL

VIA 0 03 30126

"HUMAN
I. iFilm "Clir,

GIANT"
of the Day"

ONLINE

VIDEO

SEEDING

Clip homepage II. User-Generated
www, ifilm.com

placement Content

+ "clip of the day" sent out to email database. Sites

www.voutubp.corn

www.dai(vrnotionv
www. buzznet.com

jdeo.com

www.bolt.com

wwtv.video.aooci
www. ouLfi[e.com

le.corn

ww\M.frt~~e\Jicfeob[oo.com
www,arouDer,com

U'WW.VSOCial.C3m

www.zi oDvvideos.com v~ww.veoh.com www.cljnshack.com
www.lrrlu.tv

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www.rmeen~.com

www.

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n k. com

www.aol.com
www.castnost.com

w~b~,.,d\li!cluckr:~3~Z!
w4wv.revve!.com

w~.shzrkle.corn

w4wv.thatvideosite
w~b~n/.s:uoidvideo.ccrn

.corn

III. Comedy Sites & Communities www.cr;(leut-~urnor.cam
~·vww.ebaumsbvorid.com

v~lc~.l~v_,l?e.~.LL~,c~jm M'WW. netfun nv.com www.ccmedyzone.net
IV. Human Giant Online Assets

tvww.ehehumanaiant.com
\'Y'l~'~,il?.`~.e_a_ce._c~_m/hurnanajant V. MTVN
Tease on

Assets
Overdrive

www.cc;mecJvcentral.com Placement on VMA microsite:

www.vmanvc2006.com

HIGHLY

CONFIDENTIAL

VIA 00 3 30 1 27

Schapiro Exhibit 386