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)

5/26/2009

Lamond DISTRICT

Pierre

UNITED
FOR THE

STATES

COURT

Figueir

Deci.

Thb

SOUTHERN

DISTRICT

OF

NEW

YORK

282

VIACOM PARTNERS

INTERNATIONAL COUNTRY

INC.

COMEDY

MUSIC

TELEVISION CORPORATION TELEVISION

INC.
and

PARI1OUNT

PICTURES

BLACK

ENTERTAINMENT

LLC 07CV2203

Plaintiffs
vs. No.

YOUTUBE
and

INC.

YOUTUBE

LLC

GOOGLE

INC.

Defendants.
10

____________________________________/
THE

FOOTBALL

ASSOCIATION BOURNE

PREMIER
et

11

LEAGUE
on

LIMITED
of

CO.
and

al.
others

behalf

themselves

all

12 13 14 15

similarly situated Plaintiffs
vs. No.

07CV3582

YOUTUBE GOOGLE

INC. INC.

YOUTUBE

LLC

and

16

Defendants.
____________________________________________/

17

CONFIDENTIAL PARTIALLY VIDEOTAPED
PALO

DEPOSITION

OF

PIERRE

LI1OND

18

ALTO

CALIFORNIA MAY

TUESDAY
19

26

2009

BY
20 21 22 23 24 25

LORRIE CSR
No.

L.

MARCHANT

RPR

CRR

CCRR

CLR

10523

JOB

NO.

16796

5/26/2009

Lamond

Pierre

video
it

that
It

could was you the

be in

uploaded
few

but

dont
think. that

remember

what

111343 111346

was.

minutes
whether Sequoia

Q.

Do

know
time

when
that

limitation was
in

111349 111352 111358

in place
A.

at

invested

Youlube

It

might have
Do

been.

dont
that
it

remember.

Q.

Okay.

you

understand

Youlube
in

actually early

111401 111404 111410

had

ten-minute
and that

limitation that
was was change

imposed
its
to.

2006
A.

this

in

policy
thought
minutes.
it

Thats
2005. now. Okay.

what

referring
It

111414 111416 111420

10

was

in

And
But

youre

right.

is

ten

11

remember
Q.

didnt remember
were
it

then

12

And

you

awa re

that

YouTube

changed

111423 111427 111430 111433

13

its ten

policy

because

had

found TV

that
sh ows

videos
or

exceeding
that are

14

minutes were
on

typically
the

movies

15

unauthorized
MR.

site
Objection. That to was the We

16

TANGRI WITNESS
At two hog and

Assumes
not best the of

facts. that the

111436 111439 111440 111442
of

17

ThE limit
it

reason

18

came
in

in.

least

my recollection people

19

came

for

reasons.

didnt want
nd or did
at

to

20

quote/unquote other users
that we

bandwidth
we long found

the

detriment

111446 111452 111459 111508

21

also that

at

least

remember many

22

thought

videos

not

attract

23

viewers. BY MR.
So

24

GALDSTON
you have any

111508
recollection
of

25

Q.

do

Maryrose

111508

76

5/26/2009

Lamond

Pierre

Dunton Youlube
Digital
A.

ever were

expressing necessary

the to

view
be

that

policy

changes

at

111510 111515 111518

more

compliant

with

the

Millennium remember

Copyright
the name

Act
of this

lady

but

dont

111521 111523

remember what
Q.

youre
Other

talking
than

about.

Okay.

the

limitation imposed
there any

of

ten

111527 111532 111535 111540 111545

minutes on
to the

video

durations
policies

were
that

other

changes
in

Youlube early

user

were

implemented

around
10 A.

2006
remember. about your

dont
We

11

Q.

talked

increasing view
that

traffic

at

the

end

111549 111552 111557 111601 111604 111606

12

of due

2005. to

And

its
of

this

traffic
and

increased
not

13

variety

usergenerated material
Objection.

content
is

14

professionally
MR.

produced

that

correct
Assumes

15

TANGRI

Ambiguous.

16

facts. ThE that the

17

WITNESS

My

conviction because
It

was of

and

still

is

111609 111612 111615

18

traffic word
of

increased
of mouth. that

usergenerated
to

19

videos

and

started
you

build
Go on

20

community
if you

people
to see

said
or

know

YouTube
or

111622 111625 111628

21

want

my kid

something

stupid

22

whatever.
BY MR.
Do

23

GALDSTON
recall in late

111628
December being

24

Q.

you

05
to

early

06

111629 111635

25

Saturday

Night

Live

video

posted

YouTube

77

5/26/2009

Lamond

Pierre

ThE

WITNESS
would
be be

The

section

of Like

the
it

document
was in

that in

125016 125018 125025 125031 125033

says
June. Even

Comments
It

updated. again

updated
February.

would

updated
no

--

again

if

there

was

investment

event.

BY MR. Okay.

GALDSTON
And when
you or say

Q.

updated
these

would
be

there

125034 125037 125039

be

additional
and These new Okay.

comments

would

comments

removed
A.

comments

would

be

removed

and

replaced

125040 125042

10

with
Q.

11

new

narrative
happened
well
as

125043
you can read six

12

A.

Basically
it

what

125046 125048 125053 125057
of

13

here
months.

says
So

YouTube

executed

over

the

past

14

its
And

sixmonth
if you

review
down
it

basically.
at

15

Q.

Okay.
in

look

the

third
The

16

sentence videos

that

comment increased
over an 100

section
from

says

number
in

125059 125102 125106 125113 125117

17

streamed
to

million per day
in

day

18

early January
Is

million per

July.

19

that

accurate

statement

20

A.

Yes. Okay. Did the

21

Q.

anybody traffic

at

YouTube

do

any

analysis

125118 125122

22

to

determine million day
A.

why

had

increased day
to over

from 100

23

$8

million views
in

million

125126 125132

24

views

July
know
if there was any

25

dont

analysis

done

of

125134

107

5/26/2009

Lamond

Pierre

why

it

happened. Okay. was due
So

125137
nobody wanted
of to

Q.

consider

whether

thE

125138 125144 125150

increase generated

to

popularity

professionally

content
MR.

versus

usergenerated

content
facts and

TANGRI

Objection.

Assumes

125154 125156

ambiguous.
MS.

REES WITNESS

Same

objections.
told you that

125157
dont
know
if

ThE there
10

125157 125159 125200

was

any

analysis

done.

BY MR. Okay.

GALDSTON
But this this in
is

11

Q.

good

thing

for

125201 125207

12

YouTube
A.

correct Well
the of

the

increase
the

traffic
increase
in the terms of

13

thats
the

way
was

they

125211
thE

14

thats
number
Q.

way

traffic
per day.

measured

125213 125216

15

visitors
Sure.

16

And

its

positive development day
to

event that over

for

the

125218 125219 125221 125224

17

company.

Its
from

positive

its
million pe

18

increased

million per

100

19

day
A.

20

Yes. Okay.

125225
And why
is

21

Q.

that
of the

for ad

the

reasons

we
it

125225 125228 125230

22

discussed would
A.

earlier because

revenues

that

23

attract
For
MR.

24

the

ad

125231
Objection.

25

TANGRI

Mischaracterizes.

125233

108

5/26/2009

Lamond

Pierre

ThE

WITNESS
of

It

was

important just
per ad

from

the

125234 125236 125240

point

of

view

potential

revenue

BY MR.
Do

GALDSTON
recall of the
an

Q.

you

episode

of

American
published
on

125245 125250 125255 125301 125306

Idol

or

episodes

American
and

Idol
of

being
2006

YouTube
authori
A.

between
ation

January

July

without

by the

content
that any

owners
at

Fremantle

dont
You

recall have

all. any

Q.

dont

recollection

of

that

125308 125310 125310

10

occurring
A. No.

11

12

Q.

So

if

episodes YouTube
here

of

American site

Idol

were unaware
of

125315 125319 125321

13

publ ished that
as

on

the sit

Web

youre

14

you
MS.

today
Objection.

15

REES

Asked

and

answered

125324 125325

16

Vague

and

ambiguous. ThE

17

WITNESS

Im

totally

unaware

of

that

125326 125328

18

BY MR.

GALDSTON
So

19

Q.

Okay. this
is

in

the

comments realize
input.

section
Mr.
it

and
and The

125330 125341 125347 125351 125353

20

again
and
--

document with
your

Botha

21

authored
of rapid

And

says

22

strains

growth what
is

are

evident.

23

What
MR.

meant

there
to the

24

TANGRI
his

Objection

preamble

as

125355 125356

25

mischaracterizing

prior answer.

109

5/26/2009

Lamond

Pierre

reviews
A.

for

inappropriate

content
not

125503
enough people
in that

Probably there
well. Okay.
It

were

125509 125512 125513

area

as

Q.

A.

was fast

not

easy to

get

quality

people

and

train

125513 125517

them

and

--

enough. see

Q.

Do

you

below
active

the

next

paragraph
to

begins owners
to

125524 125525 125535 125541

Youlube What
10

continues Youlube

its

outreach
of active

content outreach

was

doing

by way

content
A.

owners Well
apparently
had

11

they

had

deal

with

NBC

which

125546 125548

12

now

remember. NBC

forgotten decided

earlier.
it

13

marketing
clips of in

that on

was on

useful

for to

125556 125601 125610 125614

14

them
create

to

put

their shows
some cases or

Youlube
some

15

awareness

create

audience

16

following. And

17

remember actually

this

deal

as

being
Not

as

it

says

125615 125621

18

here

as

being

fairly small. remember what
the

that

19

significant.

dont
was
so

dollar

value

125626 125628

20

was

but

it

not we

that

significant. exploring
the

21

And

were

possibility

of

125633 125635

22

doing
Q.

more

of

that.

23

Okay. was

And

thats
to

because

there

was

belief

125636 125639 125641

24

that

it

critical

provide content

consumers
as

with

25

professionally

produced

well

as

111

5/26/2009

Lamond

Pierre

usergenerated
MR.

content

is

that

part

of

the

reason

125644 125648 125650

TANGRI
the

Objection. document.

Ambiguous.

Mischaracterizes
ThE

WITNESS
the time.

Well

guess

its what

we

125655 125656 125656

believed

at

BY MR.

GALDSTON
YouTube
to

Q.

Why

did

believe provide

at

the

time

that

it

was

125657 125659 125702 125706 125707

critically content
10 as

important
well
as

professionally

produced

usergenerated
Objection. Same

content

MS.

REES TANGRI WITNESS
at

Mischaracterization.

11

MR.

objection. remember.

12

ThE

dont

dont

125708 125711 125712

13

remember

that

all.

14

BY MR. Okay.
as

GALDSTON
But
it

15

Q.

was

critically

important

to

the

125713 125715

16

company

of

June

of

2006
Same objection.

17

MR.

TANGRI REES WITNESS

Mischaracterizes.

125718 125720

18

MS.

Same

objection. what
it

19

ThE

Thats

says

here

but

125724 125726 125727

20

dont

remember why.
BY MR.

21

GALDSTON
This
at is

22

Q.

Okay.

document

that

was

distributed

125727 125729 125731

23

to

the
A.

partners

Sequoia

Capital

right

24

Yes
So

sir. and Mr. Botha were

25

Q.

you

preparing

this

125732

112