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)
YouTube
Ideas
3/22/06
Topics
Figueirs
Deci
Tab
Copyrighted
3-strikes
content
309
policy
Bringing
Historical
back
tags
Most Viewed
local users
Connecting Personal Google
video portal
Video
1-click
YonTube
video uploading
application
Apple Movie
Trailers
Copyrighted
content
Although
that
the
new
is
10-minute length
in
restriction
serves
well
to reinforce television since
the official
it
line
YouTube
cut
not
the busmess
of hostmg of
illegal
ffihl4ength
shows
standard
to
probably 22-minute
won
episodes
down
can
bits
still
the actual
amount
content
uploaded
users
easily be uploaded
parts
all
and
will continue content
upload the should be
juiciest
treated the
of television
shows Not
copyrighted
on YouTube
same
As of today
found Chapelle
content not
is
episodes
and South
is
clips
of the followmg
well-known
shows
can
still
be
anuly
Guy
Park an easy
MTV
target
Cnbs
Daily
Show Reno 911 Dave
that
This content
for critics
who claim
copyrighted
entirely responsible required
to
for
YcuTubes
popularity
Although
in
Youlube
is
legally
monitor thkedown
is
content
complies with removing
help
to
DMCA
that
as we we iequests
illegal
have would
explained benefit
to attract
the press
and
from preemptively
criticism.
content dispel
blatantly
and
likely
This
will
YouTube
association
with
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YouTh
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to
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analysis
is
unsr
uTube
of
this
friend
or
foe
more thorough
attract
required much
content
does not even
many
views.
Obscure/international
copyrighted
is
content
Korean
small
soaps
Anime
...
Since of
this
subculture iewers
it
material
is less to
only
popular
among
but dedicated
group
likely to result
attract
legal problems in the short demonstrates that
run
is
and keeping
it
will continue
people and
YouTube
best to
the best place
this
onime
to
End
rare
long tad
notices
but
content
Therefore its
remove
material
following
DMCA
not preemptively.
Highly
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Copyrighted
it
content
that at
goes
viral
and
obtains
far
more views
Lazy
on
YouTube
Natalie
than
possibly
could
have
the original basketball
to let
source.
Examples
Sunday
Portman
higher the
rapping
it
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player
these
Tom
Cruise
their
on Oprah.
course
Despite the
legal risk
may
be best
clips
i-un
on
YouTube
highly
until
DMCA
notice
arrives
because
their
forced
removals have
events
call
been
publicized the traditional eventually
in the media.
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people these it and
to this
into question that
whether could
partner
media convince enemy.
really gets traditional
media
see
may ignite YouTube as
discussions
distribution
and
not
as an
3strikes
policy
Although
violation other
users
are told in two appears
to
emails
that
their
accounts valuable
will be users
closed
after the third
the policy
have have
caught some
alienated think large
to
users
who
attract
many
but
in
users by surprise campaigns
it
and
may
them
against
YouTube.
should
Some have
remain
launched
should question
against clear
YouTube.
displaying
the 3-strilces
policy
we
make
upon
more
login.
by
warnings on the website
attention
to
to
the users
ernails.
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dont seem
pay much
warnings in
Bringing
back
tags
Forms YouTube
search
usability Its
if
study to
found
that that
search users
is
the predominant also
way
were
users
are
find
videos
on
fair
assume
wouid
featured
use tags which
if
very similar to
accurate.
they
were
more prominently
remained
in
and
they
more
From
problem
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is that
tags have enter
the background video
since
our launch.
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many
users
useless
tags during
upload.
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site.
of the Related the Related
Videos
window
drives
the
number of
videos
that
viewed
the often
on
the
Because
video
Videos
results
depend
entirely
on the tags owners
clueless
uploader entered
their
we
should
make
Videos
video
aware of the
tools to pick better
relationship
tags.
between
tags and
Related
and
offer them
Two
their
features
that
can help users tweak
the Related Videos
window
that
is
displayed
on
own videos
Display
an
initially
empty and
Related
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window on
page
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Tags HTML
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form
the Related videos
automatically for
updated
in real-thne
with the related
so far This
is
would Google
be displayed Suggest
the tags that
the user has
wilt
entered
similar to
As
you
type
Google
offer
suggestions..
See
http//www.
oogle.coniIwebhpcompletel
Sometimes
previous
videos
only make
sense
in the
context
in which videos
they
relate to another
video.
Examples
commentary
or follow-up
about
video
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or spoofs/parodies definitely appear
of an
original
video.
In those
cases
the
original
video should being
in the Related sense.
Videos window
or otherwise
the video tags
viewed
does not make
does
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there.
due
video
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the original
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be forced be hacked
to appear
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in the Related functionality
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with
This
could
on top of current
hidden randomly
generated
unique tag.
The Recent
front-page
field
Tags
estate.
field
which
would
has
existed
since
launch
may
not
to
be an optimal use of have
real
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be more relevant
the tags of the most
and
interesting
Top Tags
24
instead
that
only shows
popular videos
from the previous
hours.
We
could also store
after
searches
entered
by
users
and
feature
the most
popular
recent
searches
filtering
out the dirty ones.
Historical
Most Viewed
Many
content
users
use the Most
clips.
Viewed Today
only shows
page
to
quickly
find
the newest
most
the
entertaining
fresh.
The
page
videos
uploaded
in the last
twa days to keep
The most page
videos but
popular
videos
that
of
all
time
can
always be found few
on the Most Viewed
lost in
All Time
of
the videos they
were only popular for
list.
days are Scary
sea of millions robotic
once
drop off the Today
Examples
Maze
Four-legged
mule Breakup.
User
activity
is
the best metric
for finding
to
good
content.
The best
help
videos find
are those the best as
it
with
the most videos.
views/comments. Users
One way
increase the
views
is to
users
should be able to browse day
in
Most Viewed
applies
to
Today
Week
generated
page
appeared
on
any previous
etc.
it
the past.
The same
This
is
for any for
previous
week
period
Notethat
these
pages are static be re-generated
Once
so this
page
given time
strain
will never
have
to
feature
does not put additional
on the database.
Connecting
local
users
Like MySpace
find other location
local
and
other
to
social
networking
the sense
sites
have
done YouTube
Since
should
let
people
users
strengthen
of community.
add user search
we now
collect
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during
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purchasing
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shows and
frill-length to
movies. The and
checkout
process
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