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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PETER CHANE HIGHLY CONFIDENTIAL Page UNITED SOUTHERN STATES DISTRICT OF COURT NEW YORK DISTRICT INTERNATIONAL INC. COMEDY COUNTRY MUSIC PARTNERS PARAMOUNT TELEVISION INC. PICTURES and BLACK CORPORATION ENTERTAINMENT TELEVISION LLC VIACOM Plaintiffs vs. No. 07-CV-2103 YOUTUEE INC. YOUTUEE and GOOGLE INC. Defendants. LLC THE FOOTBALL ASSOCIATION PREMIER BOURNE et LEAGUE LIMITED CO. on behalf of themselves and al others similarly situated al. Plaintiffs vs. No. 07-CV-3582 YOUTUBE INC. YOUTUBE and 0000LE INC. Defendants. LLJC HIGHLY CONFIDENTIAL CHANE VIDEOTAPED DEPOSITION OF PETER PALO ALTO CALIFORNIA WEDNESDAY JOB NO. DECEMBER 2009 18308 Figueir 281 Deci. Thb -a DAVID 450 Seventh Avenue FELDMAN WORLDWIDE Ste 2803 New York NY INC. 10123 212705-8585 elebBO5c-a35a-4be9-ac4B-48248a50ece4 PALO AJIJTO CA One and have PETER one CHANE DECEMBER 2009 100748 100750 100754 100755 100757 100759 100831 100832 13 A. half days. Q. And you ever testified before under oath A. No Do have not. take not Q. you of it youve testified then in court have law before A. not. Q. And youve never testified at deposition 100834 100835 100837 100839 100811 100815 100817 100819 100821 100824 100832 100833 100837 100847 100852 before A. 11 have not testified at deposition 12 before. 13 Q. And why since is there in the the any reason to youre give 14 aware of best you are not position 15 your testimony believe today to jury to 16 A. Im in position give my 17 best best testimony when that you was today. 18 Q. Now said joined in Google seven years did you 19 ago join you 2001 2002 When 23 21 A. joined And were at Google time in of January the of 2003. of unit 22 Q. the creation the 23 YouTube known as you involved with business 24 Google MR. Video INGRER Objection. lacks foundation. 25 100856 PALO AIJTO CA THE PETER CHANE was DECEMBER involved. 2009 100858 100931 100934 100935 100939 100910 100914 100915 13 WITNESS when YouTube dont know BY exactly started. MR. BASKIN In Q. 2005 and 2006 were you employed by Google A. Video was employed by Google Incorporated at that Lime. Q. Axid were you assigned to the business unit 100917 100919 100921 100922 100925 100925 100928 100929 100929 100931 100935 known as Google Video on 11 A. worked project known as Google 12 Video. 13 Q. And were you senior management of that 14 project MR. THE BY MR. 15 INGEER WITNESS Object to form. not. Vague. 16 No was 17 BASKIN Who was the senior was 18 Q. manager the senior 19 A. Susan Video. Wojcicki manager of 23 Google 21 100936 100940 100944 100945 100950 known Q. And how many people in and worked around on 2005 this and project 22 as Google Video 2006 23 A. dont And was she recall. direct not. 24 Q. your was report Miss Wojcicki 25 A. No 10 PALO AJIJTO CA PETER sne CHANE Enar. DECEMBER 2009 100951 100952 100954 100955 100957 101031 101032 101034 13 as Were srriKe her direct you report A. Yes was. Q. So basically this you were known the second Google person responsible for project as Video MR. THE fideo MR. team. INGRER WITNESS Objection. was Form. member of the Google 101035 101035 101037 101038 101010 101014 101017 101018 101020 101021 101022 101025 BY BASKIN Mid do you recall 11 Q. officially what your 12 title was A. 13 My title l4rid was business people product manager. as 14 Q. how many did you manage 15 Dusiness product Zero. manager 16 A. 17 Q. So it was just you You were the sole 18 jusinss A. project Yes. manager 19 23 Q. Mid you The what was business project manager 21 Vhat did do terra is 22 101026 101028 101034 101041 was A. business the product of the manager product build and and 23 responsible to for vision 24 responsible roduct. work with engineering to the 25 48 PALO AJIJTO CA you were PETER CRANE about in DECEMBER the 2009 105857 105859 105933 105934 105937 105910 105913 105915 13 10 59 16 time of that talking till early part to the deposition now Were you promoted senior business product manager exactly but guess A. dont changed recall was since my title. in your Q. Mid capacity as senior to business product A. manager No. did anyone report you then Q. Now the Im interested 4. in the of email in the 11 105921 105931 105937 105944 105951 105957 105958 105958 110030 110033 110037 110038 110010 110013 110024 middle of that in Exhibit First all youll 2006 at see 12 the email dated January were 15th 13 229 Mr. p.m. on Sunday at you explaining to 14 Rosenberg least for Google Videos zero 15 tolerance policy Do copyrighted content. 16 you see he in see that. that 17 A. 18 Q. lAnd tells the you in the immediately above that that 19 preceding agree -- e-mail here. right 23 with our policy see see do 21 Do you that those sir words. 22 A. Yes 23 Q. Now recall you recall actually discus that now 24 do you discussing had zero with Mr. tolerance Rosenberg policy for 25 Google Video 49 PALO AJIJTO CA PETER CHANE DECEMBER 2009 110028 110029 110029 110031 110039 110040 110042 110043 13 copyrighted A. content dont but recall specific sure he Mr. discussion was for with aware all Mr. of Rosenberg our Im Rosenberg policy products details because was responsible of his Google to and about then as matter work needed know them. in the of that Q. Now at you say course email 229 p.m. is 110047 110051 110054 110130 110134 110138 110110 110111 110112 110114 110124 110125 110127 110130 110133 110135 Mr. who that youtube arent like at an advantage that we because are of and they issues 11 the target They with this 12 this. are on aware 13 spoke on and with them friday in order they get plan more 14 exploiting more this to 15 traffic. you see 16 Do that Mr. Chane 17 A. do see that. of 18 Q. Now first about all in reporting to 19 Rosenberg did you got YouTubes on awareness at and plan when -- 23 speak this with Friday Youlube 21 you A. information recall. that extent we recall 22 dont with So having the one 23 meeting Q. YouTube to already you discussed. were 24 the that and accurately to 25 reporting Youlubes policies practices 50 PALO AIJTO CA PETER take have it CRANE that the DECEMBER source Mr. of 2009 110137 110142 110145 110149 110151 110157 110230 110231 13 Mr. Rosenberg would this your or information Mr. been either Hurley Maxcy at one meeting you had lacks right sir MR. calls for INGRER Objection foundation speculation. THE WITNESS Those are the attendees in the BY meeting MR. BASKIN iid the 110231 110235 110235 Q. only attendees in the meeting 11 right A. 12 Thats Axid correct. 13 110236 110239 110213 110214 Q. that was your only meeting by with 14 YouTube A. prior to the acquisition Google correct 15 Thats l4rid correct. recall 16 Q. you no phone call correct 17 110216 110217 110219 110221 sir A. 18 recall no phone calls. sit and here 19 Q. Now do you to recall you in as you today that 23 Chad Hurley they are saying that nouns an verbs as 21 110226 110230 110233 110238 110241 aware they have zero advantage 22 against Google Videos and tolerance plan on policy for that 23 copyrighted advantage in content order they exploiting 24 to get more and more To traffic extent it 25 MR. INGRER Objection. the

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