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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UNITED FOR THE STATES DISTRICT DISTRICT COURT OF NEW YORK SOUTHERN VIACOM INTERNATIONAL INC. COUNTRY MUSIC. PARTNERS COMEDY TELEVISION INC. PAPAMOUNT PICTUiES and BLACK CORPORATION ENTERTAINMENT TELEVISION LLC Plaintiffs vs. NO. 07CV2203 YOUTUBE and GOOGLE INC. YOUTUBE INC. LLC Defendants. THE on FOOTBALL ASSOCIATTON BOURNE PREMTER LEAGUE others LIMITED of CO. and et al. behalf themselves all similarly situated Plaintiffs vs. NO. 07CV3582 YOUTUBE GOOGLE INC. INC. YOUTUBE LLC and Defendants. VIDEOTAPED HIGHLY CONFIDENTIAL DEPOSTTION OF OMID KORDESTANI SAN CALIFORNIA FRANCISCO FEBRUARY THURSDAY 12 2009 BY JOB ANDREA NO. M. IGNACIO HOWARD CSR RPR CCRR CLR 16382 FiueirDecI.Tb 68 KORDESIANI 103809 103811 103815 103816 103816 103832 go to to So if an on advertiser wants to understand the how advertise that Google this explains process isnt right Yes. And the theres page of in addition to AdWords there is if you last called this document is 103835 103838 13 something AdSense that correct Yes. 103839 103845 103853 103855 103859 103903 103906 103912 103912 Aid how AdSense who website have does is Adsense differ from AdWords owners or 11 the program that have Google earn on website 12 publishers on their want to advertisers appear our 13 use our ads so they money by site. using 14 system to appear earn their 15 And does contextualized Google revenue from on 16 contextualized ads thirdparty 17 sites MR. 18 MANCINI WITNESS KOHLMANM -- Objection Yes. to form. 19 103913 103914 103914 103916 103918 103927 on and their ads Can you THE 23 MS. Okay. exactly to 21 And how describe how does AdSense work 22 the process me identifies have ads an area 23 Its basically website where website like 24 they to appear if 25 103933 are either targeted based on keywords they 69 KORDESIANI 103933 103938 103942 have search we have on page or if they have content on their ads page the system that that identifies relevant to content page. if 103944 103946 103954 103957 of the this So for example that you put go to the last page in Exhibit Ive says in front for of you middle of page crawls and it AdSense of content and automatically delivers audience text and Yes. the content ads that your pages 104003 13 image site are relevant to your 104001 104003 104003 104006 104009 104009 your content. 11 12 Is that what you were describing it crawls 13 the content Yes. what for on MR. 14 15 are the factors that go into which an 16 104021 Adsense 104025 104027 104028 display content determination about ads to 17 particular site to form. 18 MANCINI WITNESS is Objection What 19 THE what do you mean by 23 104034 104035 104039 104042 that What the question Q. 21 MS. KOHLMANM your So how what -- if 22 understood page which of testimony there an is and understand crawl of the the last 23 Exhibit content 24 104046 104051 then generates it ad correct 25 Is 109 KORDESIANI 113607 113607 to Google. Do you recall refer seeing to any documents and where to 113609 113613 113613 113613 113614 113617 13 Yellow Google would Youlube Green MR. MS. MANCINI KOHLMANN by Google Objection. in the context of Q. the acquisition MR. THE but of Youlube to form. the MANCINI WITNESS the Objection 113618 dont recall documents 11 113623 113622 remember MS. So keywords. Okay. 12 KOHLMANN turning is 13 113624 113628 to page nine that which is is Key revenue of 14 Yellow that revenue see see the YouTube 15 113631 113638 assumptions. You do theres column Key 16 Variable you that 17 113641 113641 113643 113647 Yes. All the the 18 way on right. include 19 And those variables Videos Viewed Value and 23 Pages Non-Pr Viewed emium do you Premium Run Video of Site High 21 113653 113654 113655 113656 113659 Video see Ads Sponsored 22 Ads that 23 Uhhuh. 24 25 113 KORDESTANI 113705 113709 113711 113713 Description/2007E Traffic Assumptions do you see that Where The is that Sorry. the second columi next to the Key 113715 Variable. 113716 113716 113717 13 Yes. You see under see on where that for the And you Key Variable Premium 60 percent are of total 113723 Video 113726 113729 113729 113733 113734 113736 113743 113743 113741 113743 113744 113752 that of video it says 11 streams Yes. Yellow website Premium 12 13 Whats MR. THE your understanding Objection to of Premium 14 MANCINI WITNESS term. form. what use were 15 Im Tve not sure the they of 16 using before in this heard Premium 17 18 MS. KOHLMANN Q. Whats your understanding 19 Premium Professional And that just is 23 content. have reason to 21 do you any believe 22 number incorrect Objection have lacks no foundation. idea where 23 113754 113757 MR. THE about that MAITCINI 24 WITNESS 25 113759

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