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)

11122009

Garfield

Dean

HIGHLY CONFIDENTIAL OUTSIDE COUNSELS EYES ONLY
--

UNITED FOR VIACOM
THE

STATES

DISTRICT
OF

COURT NEW YORK

SOUTHERN

DISTRICT

INTEATIONAL

INC.

COMEDY
FigueirDecl.Tsb 285

COUNTRY PARTNERS TELEVISION INC. PICTURES ENTERTAINMENT

MUSIC PARAMOUNT and BLACK LLC

CORPORATION

TELEVISION

Plaintiffs
Case No.

v.

O7CV-2103

YOUTUBE
and

INC. YOUTUBE G000LE INC.
Defendants. ASSOCIATION BOURNE
of

LLC

THE
10

FOOTBALL

PREMIER

LEAGUE

LIMITED
on

CO.
themselves

et
11

al.
all

behalf

and

others

similarly situated

12

Plaintiffs
Case
No.

13

v.

O7CV-3582

14

INC. YOUTUBE YOUTUBE and GOOGLE INC.
Defendants.

LLC

15

16

HIGHLy CONFIDENTIAL
17

Videotaped

Deposition

of

DEAN

GARFIELD

Washington
18

D.C. 2009

Tuesday

November

1024
19

a.m.

BY
20 21 22 23 24 25

Okeemah
NO. 18039

S.

Henderson

LSR

JOB

11/2/2009

Garfield

Dean

BY In

MR. the

BASIKIN six

Q.

months

between
in

the

time the

you

started

the

negotiations
in

April until
and

acquisition going would agreed
get
it

by Google
to

October
post

were

what
fair

happened
to say

acquisition never

be

that

Youlube

to

use

available
on its in

fingerprinting
to

technologies

website

protect

the

MPs
10 11 A.

members
MR. To to BY

intellectual
Same of

property

MCGILL
the do MR. best that. BASIKIN in fact

objections. they
had

my knowledge

12

not

agreed

13

14

Q.

Now

in

the

course the

of

your

15

negotiations acquisition conversation topic
of

with

YouTube
did

prior to
you have

16

by Google with they

17

YouTube would

executives

on

the

18

why
MR.

not

filter
Lacks

19

MCGILL

Objection.

20

foundation.
A.

21

We

had Yes.

multiple

conversations

about

22

that

topic. BY

23

MR. do

BASIKIN recall Can

24

Q.

And
strike

you

prior to describe

October
to the

25

2006

that.

you

28

11/2/2009

Garfield

Dean

ladies can

and

gentlemen what

of

the

jury were

as

best

you

recall

reason
or

you

given
and to in

by

Youlube
out who not

executives
that was in

executive

well
why
2006.

hash

second
in and

as

they

were

filtering
MR.

around

MCGILL

Again

objection.

Lacks

foundation.
A. So

just

if and

can

disaggregate
in the
at

that

bit.
10

There

were with

ups

flows

conversation points think
came in
it

YouTube
that an

where

they

various

11

time was

over

sixmonth
interest
on

period
but

12

expressed agreement
or

never
any

13

to

firm

integrating

14

content

recognition

fingerprinting

15

technologies.
At asked some

16

point taking
an

in
so

those long

discussions
and

when
this

17

whats
to

why

hasnt
there

18

progressed
range the lure exact recall the of

actual

agreement including
on

were
that

19

reasons

given content
users.

the

fact

20

copyrighted
for their of

YouTube

was

major
the

21

dont

remember
but

22

date that

that

conversation
and that

firmly
one of

23

conversation
offered. also recall

being

24

reasons do

25

that

there

were

29

11/2/2009

Garfield

Dean

additional
those other

reaaona. reasons

dont
were
but

recall that

what
one

all

of out

stood

in my mind. BY MR. BASIKIN

Q.

And
recall

who that

communicated reason because
was for

to

you

as

best up

you

can

not

signing

with
on the
10

filtering was website

copyrighted
as

content
for

Youlube

serving

lure

users
MR.

MCGILL

Objection.

11

Mischaracterization.
A.

12

My

conversations
so

with

Youlube

often

13

included

multiple people
do recall

dont
in

recall

14

specifically. conversation
Chen also was

that

that and Steve

15

think
part that of

Zahavah
that

Levine

16

were
recall

discussion.

And
who

17

there

was

third person with technology

18

technology

someone

19

expertise.

20

dont
said that out that was in but one

recall do of the

which
recall

person very

specifically
that stood

21

strongly
It

22

reasons

offered.

23

my mind.
BY MR. BASIKIN do recall

24

25

Q.

Now

you

whether

among

the

30

11/2/2009

Garfield

Dean

others then in

snd the

those

who

would
of that

license

they

would

context work
in

licensing
filtering. not and did But not

arrangement
for those

integrate
who

companies licensing going
or

were

develop

arrangement
to be

with
this

Google
sort of

they werent pilot

doing

initiative
MR.

filtering.

BASIKIN Shall we

think break

we for

have the
is

to tape the

break

for
10

the

tape. THE

now
end

VIDEO
the

OPERATOR
record
at

This

11

of

tape

1.

Off
is

1139.
tape the in the
at

12

This

the Mr.

beginning
Garfield.

of On

13

deposition

of

record

14

1149.
BY MR. BASIKIN to Let

15

16

Q.

Sir
little

again bit.

help me

you

with
you

the we

17

dates will

show
10.

what

18

mark

as

Garfield

Exhibit Exhibit

19

Garfield Deposition
for
A.

No.

10

was

marked

20

identification.
have BASIKIN read
it.

21

Okay. BY MR.

22

23

Q.

Sir
Garfield
chain

first again
Exhibit
10 as

can

you

identify
of an

24

for

us

consisting

25

Email

in which

you

were

participant

53

11/2/2009

Garfield

Dean

A.

Yes. BY MR. BASIKIM your

Q.

From

discussions
did
us

with

Mr.

Inghelbrecht
who MR.

what with

you

understand
Mr.

everyone

works

meant

Garfield
for

MCGILL

Objection.

Calls

speculation.
A.

Im

not

sure saw to

if

had

an did

understanding
10

when

it ultimately
talk was and
it

because
clear for

we

continued

became
to filter

11

that

Google/Youlube
who had and

willing

12

those

licensing
not for one

relationship
who about the did the page
is

with

13

Google/Youlube
Just to

those

not.

14

clarify
is

thing down
The will

15

document
say if you

which

further
it is.

where ongoing

16

Hello
agree

here to

study
send

17

filter we
then

the

18

evaluation.
me
up.

And

Philip The
it

says

You
was

crack

19

Thanks

Dean. joke

point
was the

making
of

20

wasnt
the to

actually

results

21

content

recognition
who

filtering was
in the

available
and

22

everyone
was
It

participated
of the MDA. to

process

23

that

part

24

wasnt
than

intended
if

suggest

anything
find and

25

else

other

they

participated

55