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)

On Feb
Yah
theyll

2008

111

PM

Yi-Ling

Su [e-mail]
any
cant

wrote

if

they were

viewed

at

all

for

significant really

amount

of

time
it

show

up

there.

guess

we

do anything

about

then.

thanks

dean.

On Feb
they
in

2008

108

PM

Dean

Yasuda

[e-mail] 31
revenue then

wrote

If

are

in

utcyc_.trackerrollup_.200801
reports.

theyll

come
not run yet.

out

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monthly

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--Dean

On Feb

2008

1223PM

Yi-Ling

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wrote

hey dean were abou
closed.
Will

there
just

claims these
still

that

were created
in

by mistake
for

which

show

up

the

reports

jan

yi-ling

----

Foarded
Yi-Ling

From
Date
Subject

messege Su [e-mail]

Feb

20081222
Live

PM
number
of

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AM YTB

matches

for

UMG

To Cc

Kelsey Franck

LeBeau

[e-mail] [e-mail]
George Salem
Jianliang

Chastagnol

Zhao
Frey

[e-mail]

[e-mail]

Waid

[e-mail]

These
closed

audio now.

fingerprinting

claims

from

audible

there

were

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created

between

magic have 2008-01-30

been

144432

and

2008-02-01103844

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audio

2008

1030AM
on YTB
tor
all

Yi

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match
starts

com

wrote

you turned
fingerprints

db

it

actually

generating

claims

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All

they checked videos/web

the box

AND
content

their

uploaded

claimed

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all

dont necessarily
these cases.

have

the rights

to

monetize

the audio

for

yi-ling

On Feb
wrote

2008

1028AM

Kelsey

LeBeau

[e-mail]

Highly

Confidential

G0000i02059253

In

all

cases

or only where

they checked

the

box

on Feb

2008

1009AM

Franck

Chastagnol

[e-mail]

wrote

This enabled video uploaded

creation by

of

claim

in

case match

the audio audio
of

of

user

would

music video

uploaded

by UMG.

The

risk

is

that

lots

of

the music cleared Block
it

videos

uploaded
therefore

by

UMG

may not have pub we would apply
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of at

rights policy

and
all

to

those
is

matches. the case

the data

seems

this

not

and

most

the matches

get

RevShare

policy.

Im confused
are different

though from these

since

the music

videos

have

ISRC

which

CDs ISRC
would

and
DB.

thought

they are music video ISRC not be in our publisher rights

Yl-ling

in

case

of rights

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are

against

YTB

does the code

check

the pub

cleared

Thanks
Franck

On Feb
wrote

2008

933

AM

Kelsey

LeBeau

[e-mail]

My
from

intention

was
claims

to

enable

UMG

to

generate the Claim

fingerprints

UGC

when

they check

Matching

Video.

What

did

actually

do

On Feb

2008

921

AM

Jianliang

Zhao

[e-mail]

wrote

fKelsey From the didya change match for
to

browser
account

it

seems

its

Kelsey Kelsey

who made was
it

UMO

on Jan29

intended

to

enable

AM YTB

UMO
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Jianliang

On Feb 12008

910AM

Jianliang

Zhao

[e-mail] Someone
enabled

wrote

AudibleMagicYTB

DB match

for

UMG.

Highly

Confidential

G0000i02059254

Not

sure

if

its

intended

or by accident.

Jianliang

On Feb

2008

33 AM

Franck

Chastagnol

[e-mail]

wrote

Hey

guys
that

noticed
lots of

since claims

Wed
for

1130

we

started

creating against

Audio

UMG

from matches coming
from

YTB

AM

DB.

Before Only

then we
from

had

no claims

YTB.

AM

DR.

Wednesday
http/Icyc devi

sbocorpgoogle.com8080/video_f

ingerprintingjeport.jspy2008m1

d31h0ni

0audioi

Tuesday

http/icyc dcvi

sbo corp

google

com

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Did Did

something

change
as
part of

we

push new code

the

mini-push

on

Wednesday
Thanks
Franck

--

Kelsey

LeBeau
Strategic Partner Suite

YouTube 1000 San

Manager 200

Cherry

Bruno

Avenue CA 94066

Pho
Fax

This email received else
it

may be
erase

confidential

or pnvileged by mistake

If

you dont forward and
please
let
it

this

communication
all

please

to

please
to

copies

and

attachments

me

anyone know that

went

the wrong

person.

Thanks.

Z2Z
--

Highly

Confidential

G0000i02059255

Kelsey

LeBeau
Strategic Partner Suite

YouTube

Manager 200

1000
San

Cherry

Bruno

Avenue CA 94066

Phon
Fax

This email received else
it

may be
erase

confidential

or privileged. by

If

this

communication
all

mistake

please

you dont forward and
please
let

it

to

please
to

copies person.

and

attachments

me

anyone know that

went

the wrong

Thanks.

-Kelsey

LeBeau
Strategic Partner Suite

YouTube
1000

Manager 200

Cherry

Avenue

San Bruno Phon
Fax

CA

94066

This email

may be

confidential

or privileged. please

communication
erase
all

by mistake

copies

and

attachmenta

this you received dont forward to anyone else please and please let me know that went to the
If it it

wrong

person.

Thanks.

--

Kelsey

LeBeau
Strategic Partner

YouTube

Manager

901
San

Cherry

Avenue

Bruno

CA

94066

Pho
Fax

This email

may be
by

confidential

or privileged

communication
erase
all

mistake please
attachments

this you received dont forward to anyone else
If it

please

copies

and

and

please

let

me

know

that

it

went

to

the

wrong

person.

Thanks.

Highly

Confidential

G0000i02059256

Kelsey

LeBeau
Strategic Partner

YouTube
901 Cherry

Manager

Avenue

San Bruno Pho
Fax

CA 94066

This

email

may be
by

confidential

or privileged please

It

you reoeied
it

this

communication
erase
all

mistake

don and

forward please
let

to

copies

and

attachments

me

anyone else please know that went to the
it

wrong

person.

Thanks.

Highly

Confidential

G0000i02059257