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)

12/16/2009

Patterson

Jim

HIGHLY CONFIDENTIAL OUTSIDE COUNSELS EYES ONLY
--

UNITED
FOR

STATES

DISTRICT DISTRICT

COURT
OF

THE

SOUTHERN

NEW

YORK

THE

FOOTBALL

ASSOCIATION LIMITED AND BEHALF OTHERS
Figueir
Deci.

PREMIER BOURNE
OF

LEAGUE

Thb

CO.

ET

AL.
AND

ON

303

THEMSELVES

ALL

SIMILARLY

SITUATED
PLAINTIFFS
vs.
07

CIV.

3582LLS

YOUTUBE
AND

INC.

YOUTUBE

LLC

GOOGLE

INC.

10

DEFENDANTS.

11

_________________________________

12

VIACOM COMEDY

INTERNATIONAL PARTNERS

INC. MUSIC

COUNTRY

13

TELEVISION PICTURES BLACK

INC.

PARAMOUNT AND

CORPORATION

14

ENTERTAINMENT

TELEVISION
15

LLC
PLAINTIFFS

16

vs.

07

CIV.

2103

LLS

17

YOUTUBE
AND

INC.

YOUTUBE

LLC

GOOGLE

INC.

18

DEFENDANTS.
19

___________________________________

VIDEOTAPED
20

DEPOSITION

OF

JIM

PATTERSON
2009

FRIDAY
SAN
Job

DECEMBER

18

FRANCISCO
No.

CALIFORNIA
18411

21
22 23 24 25

12/16/2009

Patterson

Jim

to

look
A.

at

the Yea. Doea help
is

document

Q.

the

email
for or

marked
you

as

Patterson Patterson

Exhibit Exhibit

clarify
1st

whether

August

January

8th
foundation. one other. the

MS. THE

REES WITNESS
of

Objection
It

lacks

suggests
or the

interpretation
MR.
10

that

date

PLATZER

Q.

Does

document
your

marked

as

Patterson
as to

Exhibit
the

refresh
as

11

recollection mobile
A.

timeline

to

when

YouTubes

12

website
Yes.

launched.

13

14

Q.

What
It

--

15

A.

reflects

my understanding

but

not

my

16

direct
Q.

recollection

since

wasnt
does for

there.
it

17

Thats

fair.
it

What refresh
that our we

what

18

understanding
A. It

does

you
our on

19

suggests
of

launched

mobile March

20

website
in March

or

version
late

mobile website

21

March
the

2007. in time was

22

Q.

And
its

at

point

when

YouTube catalog

23

launched
of

mobile website available

the

entire the

24

YouTube

videos

through

mobile

25

website

54

12/16/2009

Patterson

Jim

A.

When
of our

we

launched
the

very
entire

early primitive catalog
Dwipal was of was
is

version

website
not the sure

not

available. about that or if

Im

here if

when
he

talking
about

launching

website

talking
the

early primitive manual

version automated
website.

website

hes

talking

about of

an the

fullfeatured

full

catalog
Q.

version
used

Youve
to the

the

term manual

and like

automatic
to just off

to
10

refer

loulube

website.

Id
Lets

ask

you

what

you

mean by those.

start

11

with

manual.
A.

12

Okay. You

13

Q.

talked
do you

about

manual

version

of

the

14

website.
A.

What

mean by that history
in of

term
it

15

believe
is

the the

of

our

web

16

syndication

that

the small

very

very
of

early videos
we

17

days
to

we

manually

selected
for

number

18

syndicate
about.

to

example

Verizon
the

which

19

talked
from

And
we

then

believe
of

progression
those

20

there to

was

instead
we made

delivering
same that small could

21

videos videos

Verizon
on

that

number
be time of

of

22

available by
that

web

page

23

accessed automated video

mobile
and

device.

And
or

then

over

we

24

made

all
on

nearly web

all
for

the

25

catalog

available

that

page

mobile

55

12/16/2009

Patterson

Jim

devices. Okay.

Q.

And when
on the

you

say

you for the the

made

the

videos
that

available
you then

web
it

page into of

mobile devices appropriate
access to the

means and

transcoded posted

format

copy

mobile
A.

website
Once for THE COURT we

transcoded

the

video

into

format

suitable

REPORTER

Im

sorry.

We

10

transcoded
THE

11

WITNESS
delivery
to

The

video

into

format

12

suitable

for MR.

mobile devices.
Q.

13

PLATZER

So

initially the suitable

videos
for

14

that

were

transcoded were

into

format

15

mobile

devices

selected

by YouTube

employees

16

manually
A.

17

Thats
And
so at

my understanding.
some the

18

Q.

point
entire

in

time

the was

process
made

was

19

automated available
A.

that that or

catalog

20

in All

manner
nearly

21

all
that

yes.

22

Q.

About
that

when

did

switch

happen
an

from

23

videos

were

selected

manually to

automated

24

process
A.

25

dont

know

authoritatively

but

56

12/16/2009

Patterson

Jim

believe
Q.

it

was

late

2007. the put

Youve
that Can

used was

term
into

automated place
you after mean

to

describe manual

the

process

the

selection.

you

explain

what

by

automated
MS. the extent

REES

Objection
for

outside

the

scope

to

youre
can THE

asking
to

technical

details

but

again

you

answer

your

understanding. partner
that of
to

WITNESS
video to

When

provides video

or

10

user to be

provides stored by

YouTube
combination

needs and the in

11

us

in

bits
make

12

order to YouTube devices

deliver service
and we over

the

YouTube
to

service number

13

available different
the that

of

different

14

Internet
into

connection multiple
for each

15

speeds
formats. video.

transcode And
we do

video

16

automatically

17

18

Q.

Okay.

So

at

some

point

in

time
video

YouTube
that was

19

began

automatically
to the

transcoding service accessed

every
into

20

uploaded
was

louTube
to

format

that

21

appropriate
A.

be

by

wireless

device

22

All

or

nearly

all

yes. that

23

Q.

What

about

videos began

were

uploaded

by

24

users all or

before nearly

YouTube
all

automatically videos
into

transcoding
format that

25

uploaded

57

12/16/2009

Patterson

Jim

was

appropriate back
A.

for

wireless
those
--

devices
as

Did

YouTube

go

and

transcode imagine

well
is

my understanding
or to the

that

now

we

are

transcoding been
So

all

nearly

all

of

the

videos

that

have

uploaded believe
to be

YouTube answer

into
is

multiple

formats.

yes. asking about

Q.

Just

clear
user

Im

not

what

happens
A.

when

uploads

video.

Yes.

10

Q.

Im
Yes.

asking

what

happened

to

videos

11

A.

12

Q.

that

users and

had

previously

uploaded.

13

Youlube
A.

went

back
is

transcoded

those

14

That Okay.

my understanding. And
the users to who do

15

Q.

uploaded

those

16

videos

didnt prompt YouTube
MS.

that
for

17

REES
vague.

Objection

calls

18

speculation
THE

19

WITNESS
with

My understanding
user

is

that

20

they were them
also the be

presented ability to

interface
or not
So

that
it

gave

21

choose

whether
devices. have

would

22

available
that

on

mobile

its
that that

23

reasonable would
be

they would

understood

24

happening. Okay. But that

25

Q.

interface

that

was

58