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)
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
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Avenue
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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
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form
of
Objecton
the
the
11
queston.
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--
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
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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
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FELDMAN Ste 2803
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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
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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
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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
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INC. 10123
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NY
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