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

Filing 276

DECLARATION of Elizabeth Anne Figueira, Esq. in Opposition re: 167 MOTION for Summary Judgment.. 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., Stage Three Music (US), Inc., Bourne Co.. (Attachments: # 1 Exhibit 189, # 2 Exhibit 190, # 3 Exhibit 191, # 4 Exhibit 192, # 5 Exhibit 193, # 6 Exhibit 194, # 7 Exhibit 195, # 8 Exhibit 196, # 9 Exhibit 197, # 10 Exhibit 198, # 11 Exhibit 199, # 12 Exhibit 200, # 13 Exhibit 201, # 14 Exhibit 202, # 15 Exhibit 203, # 16 Exhibit 204, # 17 Exhibit 205, # 18 Exhibit 206, # 19 Exhibit 207, # 20 Exhibit 208, # 21 Exhibit 209, # 22 Exhibit 210, # 23 Exhibit 211, # 24 Exhibit 212, # 25 Exhibit 213, # 26 Exhibit 214, # 27 Exhibit 215, # 28 Exhibit 216, # 29 Exhibit 217, # 30 Exhibit 218, # 31 Exhibit 219, # 32 Exhibit 220, # 33 Exhibit 221, # 34 Exhibit 222, # 35 Exhibit 223, # 36 Exhibit 224 Part 1, # 37 Exhibit 224 Part 2, # 38 Exhibit 225, # 39 Exhibit 226, # 40 Exhibit 227 Part 1, # 41 Exhibit 227 Part 2, # 42 Exhibit 227 Part 3, # 43 Exhibit 227 Part 4, # 44 Exhibit 228, # 45 Exhibit 229, # 46 Exhibit 230, # 47 Exhibit 231, # 48 Exhibit 232, # 49 Exhibit 233, # 50 Exhibit 234, # 51 Exhibit 235, # 52 Exhibit 236, # 53 Exhibit 237, # 54 Exhibit 238, # 55 Exhibit 239, # 56 Exhibit 240, # 57 Exhibit 241, # 58 Exhibit 242, # 59 Exhibit 243, # 60 Exhibit 244, # 61 Exhibit 245, # 62 Exhibit 246, # 63 Exhibit 247, # 64 Exhibit 248, # 65 Exhibit 249, # 66 Exhibit 250, # 67 Exhibit 251, # 68 Exhibit 252, # 69 Exhibit 253, # 70 Exhibit 254, # 71 Exhibit 255, # 72 Exhibit 256, # 73 Exhibit 257, # 74 Exhibit 258, # 75 Exhibit 259, # 76 Exhibit 260, # 77 Exhibit 261, # 78 Exhibit 262, # 79 Exhibit 263, # 80 Exhibit 264, # 81 Exhibit 265, # 82 Exhibit 266, # 83 Exhibit 267, # 84 Exhibit 268, # 85 Exhibit 269, # 86 Exhibit 270, # 87 Exhibit 271, # 88 Exhibit 272 Part 1, # 89 Exhibit 272-2, # 90 Exhibit 272 Part 3, # 91 Exhibit 272 Part 4, # 92 Exhibit 272 Part 5, # 93 Exhibit 272 Part 6, # 94 Exhibit 272 Part 7, # 95 Exhibit 272 Part 8, # 96 Exhibit 272 Part 9, # 97 Exhibit 272 Part 10, # 98 Exhibit 272 Part 11, # 99 Exhibit 272 Part 12, # 100 Exhibit 272 Part 13, # 101 Exhibit 272 Part 14, # 102 Exhibit 272 Part 15, # 103 Exhibit 272 Part 16, # 104 Exhibit 272 Part 17, # 105 Exhibit 272 Part 18, # 106 Exhibit 272 Part 19, # 107 Exhibit 273, # 108 Exhibit 274, # 109 Exhibit 275, # 110 Exhibit 276, # 111 Exhibit 277, # 112 Exhibit 278, # 113 Exhibit 279, # 114 Exhibit 280, # 115 Exhibit 281, # 116 Exhibit 282, # 117 Exhibit 283, # 118 Exhibit 284, # 119 Exhibit 285, # 120 Exhibit 286, # 121 Exhibit 287, # 122 Exhibit 288, # 123 Exhibit 289, # 124 Exhibit 290, # 125 Exhibit 291, # 126 Exhibit 292, # 127 Exhibit 293, # 128 Exhibit 294, # 129 Exhibit 295, # 130 Exhibit 296, # 131 Exhibit 297, # 132 Exhibit 298, # 133 Exhibit 299, # 134 Exhibit 300, # 135 Exhibit 301, # 136 Exhibit 302, # 137 Exhibit 303, # 138 Exhibit 304, # 139 Exhibit 305, # 140 Exhibit 306, # 141 Exhibit 307, # 142 Exhibit 308, # 143 Exhibit 309, # 144 Exhibit 310, # 145 Exhibit 311, # 146 Exhibit 312, # 147 Exhibit 313, # 148 Exhibit 314, # 149 Exhibit 315, # 150 Exhibit 316, # 151 Exhibit 317, # 152 Exhibit 318, # 153 Exhibit 319, # 154 Exhibit 320, # 155 Exhibit 321, # 156 Exhibit 322, # 157 Exhibit 323, # 158 Exhibit 324, # 159 Exhibit 325, # 160 Exhibit 326, # 161 Exhibit 327, # 162 Exhibit 328, # 163 Exhibit 329, # 164 Exhibit 330, # 165 Exhibit 331, # 166 Exhibit 332, # 167 Exhibit 333 Part 1, # 168 Exhibit 333 Part 2, # 169 Exhibit 334, # 170 Exhibit 335, # 171 Exhibit 336, # 172 Exhibit 337, # 173 Exhibit 338)(Figueira, Elizabeth)

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Page UNITED FOR VIACOM THE STATES DISTRICT DISTRICT OF COURT NEW YORK SOUTHERN INC. COMEDY COUNTRY MUSIC PARTNERS TELEVISION INC. PARAMOUNT and BLACK PICTURES CORPORATION ENTERTAINMENT TELEVISION INTERNATIONAL LLC Plaintiffs vs. NO. 07-CV-2103 YOUTUBE and GOOGLE INC. YOUTUBE INC. LLC Defendants. THE FOOTBALL ASSOCIATION PREMIER LEAGUE BOURNE LIMITED of themselves on behalf others similarly CO. and et al all situated Plaintiffs vs. NO. 07-CV-3582 YOUTUBE GOOGLE INC. INC. YOUTUBE LLC and Defendants. 30b VIDEOTAPED SAN DEPOSITION OF STORM DUNCAN CALIFORNIA FRANCISCO WEDNESDAY JULY 16 2008 BY CSR JOB ANDREA LICENSE NO. M. IGNACIO 9830 HOWARD CSR RPR CLR NO. 15373 DAVID 450 Seventh Avenue FELDMAN Ste 2803 WORLDWIDE New INC. 10123 York NY 212705-8585 BeflcSO8MaOS-4a77-add7-6ef7c2deaSa6 Page 87 115536 115539 115540 115543 115547 115550 115602 115604 115607 115609 115611 115611 115618 115622 115629 115633 115636 115639 115641 115645 115647 115648 115653 115658 115700 10 MR. VOLKNER WITNESS of the of And No. renew The that way the be objection. read gross 189 than me THE 63 it ts So 424 63. percent net the total total not total. the percentage would MR. would over the step of which be smaller percentage Okay. Let HOHENGARTEN the is back. As corporate your representative of Credit Suisse what understanding to the purpose of provdng MR. ths nformaton VOLKNER Credt to Suisse form of Objecton the the 11 queston. THE that -- 12 WITNESS is This is more to information us 13 that being we provided just coincident in with 11 14 think help us with what facilitate or the discussed Exhibit to 15 doing financial of some modeling around the then 16 valuation the performance first and 17 valuation MR. second YouTube. Q. 18 HOHENGARTEN down And on its YouTube -- one way 19 of breaking video content into 20 categories Yes. correct 21 22 And the be its to relevant to these the valuation insofar as 23 ability different That monetize different categories may 24 correct is 25 one way they could be differentiated DAVID 450 Seventh Avenue FELDMAN Ste 2803 WORLDWIDE New INC. 10123 York NY 212705-8585 BeflcSO8-0a03-4a77-add7-6ef7c2deaSa6 Page 88 115704 115704 115708 115713 115718 115721 115722 115725 115725 115727 115728 115729 115731 115733 115734 115735 115737 115737 115738 115740 115741 115743 115751 115753 115758 10 yes. Do you know whether get your but at final this valuation models fact which you to well to point whether differentated the between monetize easier in these categories accordng It ability to probably have that be them to answer of me. would that queston when Okay. You want stuff front me to guess you to No Okay. But though you on -- dont want guess. 11 12 but having be able worked to give now. on me this -- project an 13 might you answer 14 based what Okay. MR. know right 15 Yeah. 16 VOLKNER -- Im going to object to the form 17 of this question THE MR. 18 WITNESS VOLKNER Okay. -- 19 to the extent theres 20 question pending. MR. 21 HOHENGARTEN actually. can Well read in but it was my original 22 question Do it. 23 you know whether get your at final this valuation 24 models in which you well to point whether 25 fact differentiated between these categories DAVID 450 Seventh Avenue FELDMAN Ste 2803 WORLDWIDE New INC. 10123 York NY 212705-8585 BeflcSO8-0a03-4a77-add7-6ef7c2deaSa6 Page 89 115801 115806 115808 115812 115813 115815 115816 115817 115819 115819 115819 115822 115825 115827 115828 115829 115830 115836 115836 115840 115845 115847 115847 115855 115859 10 according to MR. the ability to monetize to them the VOLKP4ER Im going renew objection. THE WITNESS wait Thank until we you. get to Lets Ill give you MR. those and then better answer. Q. -- HOHENGARTEN though Lets walk through the breakdown here Sure. -- still. 11 We to go started it to talk about it but want to to try 12 through that little the more niethodically information make being 13 sure understand here. thats 14 supplied 15 Okay. 16 There total and it is -- the first line gives gross 17 says TT424Ir correct 18 Thats In correct. 19 parenthesis it and you mentioned 123 that this in 20 prior answer says Includes arent valid 21 tJRLs correct 22 Thats correct Do My it also. 23 you understand of the what the the 424 424 is refers that to -- 24 recollection the top of its 25 says at e-mail Some manual DAVID 450 Seventh Avenue FELDMAN Ste 2803 WORLDWIDE New INC. 10123 York NY 212705-8585 BeflcSO8-0a03-4a77-add7-6ef7c2deaSa6 Page 90 115902 115907 115910 115916 115919 115925 115927 115930 115936 115938 115942 115946 115949 115952 115955 115958 115959 120003 120007 120013 120013 120014 120018 120020 120021 10 analyss we Google number that and folks of 424 -- did had was that it was study you that the performed studying or they chosen had know and chosen randomly is generated that vdeos randomly these the were number able to and categorize with subcategorizations. Okay. And do the includes 123 that the arent of valid that URLs you understand what meaning would technology assume that put assume -- dont well point of know YouTubes but 11 underpnnings meant up but at enough there looks on would video that car 12 one it was as 13 had been click no be on and kind though that you 14 it when you so click no it video That is 15 longer my there its longer valid. would 16 understanding. 17 And that gross is that number URLs is subtracted -- from -- the from of 123 18 arent total valid to are are total subtracted of the 19 provide net videos 301 20 that correct Thats And correct. that net as 21 22 then total 100 of 301 videos for thats of 23 regard the -- that treated percent purposes 24 analysis right correct yes. 25 Thats DAVID 450 Seventh Avenue FELDMAN Ste 2803 WORLDWIDE New INC. 10123 York NY 212705-8585 BeflcSO8-0a03-4a77-add7-6ef7c2deaSa6 Page 91 120022 120026 120029 120037 120040 120040 120041 120043 120044 120046 120046 120048 120053 120055 120058 120103 120108 120112 120115 120117 120137 120137 120104 120105 120111 10 And The then thats is divided into two categories. second means frst category is called No and the category called rlpram/gemT which believe premium/removed Yes. MR. correct VOLKNER Object to the form of the queston. MR. HOHENGARTEN Q. The first category is No 11 correct Yes. And the second category is labeled here 12 Prem/rem correct actually below just two upon labelings. that to say So 13 Theres definition means down the it 14 expands that 15 premium/removed. Okay. 16 And that is category 63 of premium/removed the net total of 17 under videos this analysis percent of 18 sampled MR. correct Objection to the form of 19 VOLKNER the 20 question. 21 whereupon follows riQuestion record read by the Reporter as 22 23 Okay. And under that this total category analysis of of is 24 premium/removed 63 25 percent of the net videos DAVID 450 Seventh Avenue FELDMAN Ste 2803 WORLDWIDE New INC. 10123 York NY 212705-8585 BeflcSO8-0a03-4a77-add7-6ef7c2deaSa6

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