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)
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