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)

Figueira

Deci.

Tab

312
-a

You
901 San Tel Cherry

Tub
USA
94066 827 6000

Avenue
California

Bruno

1650

www.voutube.coni

VIA EMAIL AND

13.3.

MAIL

Keith

C. Hauprich

[e-mail] and Legal Affairs

Vice President. Cherry
East

Business

Lane 32nd

Music
Street

Publishing 11th Floor

Company Inc.

New

York

NY

10016

Dear Mr.

Hauprich was

write

in

response

to

inadvertently

misrouted

your faxed letter at YouTube.
about

dated

April23

2008

which
in

unfortunately

We

are very

interested content

continuing identification

the discussion technology

between the

our companies ID

YouTubes

cutting-edge with

Content
to

System
in

as well

as sharing those

you some

of

the recent

improvements
like to

made
address

the system. the

Before discussing your
letter.

exciting

improvements

would

issues raised

The

first

issue
to

you

raise
it

is

whether
you.
to

fingerprinting

tool

exists.

Indeed content

it

does and we
owners
the
to

are happy create

provide

to

Our
as

ID

Generation

Software allows on
their

ID files also referred System. need would
is

fingerprints
not require

own

for submission to copies of

Content ID
files -- alt

Our system does
an

that

we

possess

your video
the usage i.e. for not the

we

ID
to

file

created
to

by our ID

Generation Software and by the Content ID
content

policy

you

like

assign

matches

detected

System owners

monetize choosing

track not to

or block.

Thus we
video of

absolutely
to

do not penalize

submit

theft

files

us

and never have.
files the issues grant

Also because we do
you raise regarding
of

require you submit copies removal of reference files and
that

your reference

the scope of

the license

paragraph point
is

the Content
that

Identification

and Management
of
rights in

Agreement
to

CIMA
System

are

moot
files

out

however
limited content
to

Googles

grant

the

CIMA

use the

the reference

expressly

use

in

connection

with

the

System

with

defined

as

Googles

identification

and

management

system.t

Confidential

GOO-CH-Ool

for your second Content ID System

As

concern checks
that

regarding for

the upload our system

of material actually does

to

the site

before

the

match

performs

pre-publish publicly

matching.
until
it

This

means checked

newly-uploaded content LD System

not appear the desired

on the

site

has

been

by our Content
applies

and

usage policy
videos
that

applied.

Thus

the Content ID
files

System
they

the usage

policy

for uploaded giving

match
of

your ID

before
If

are able to designated never

be viewed
usage

on YouTube
policy
site.

you

full

control
identified

your content.
the Content ID

you

have
is

of

Thlock

the material

by

System

published

on the

As

for your

final cite

concern
does of

about

the liability copyright

cap

in

Paragraph

of

the

CIMA

the each of partys
dollars

language

you

not

address

infringement

claims

but rather

remedies for breach
in in

the agreement technology to use
liability
it.

Google

has voluntarily
it

invested
to

millions

developing the world

this

new
elects

and making As

freely

available
it

who

Fm

sure you product.

know
That

would

any copyright to assume be unusual
to

owner

unlimited the value

contractual of

for
to

free

said we

are willing

negotiate

the limit and

come

reasonable

compromise.

You may also wish to know about some of Werve ID System since our last cikeussion.
editor

the improvements

weve

made

to

the

Content

added
rules

more

sophisticated
to

usage
content.

poLicy

which

allows

content

owners

to

set

about

when

claim

For

example
content

content

owners
to

can

now

claim

content

when

the proportion video
to

of the matched

as compared This

the length

of the overall uploaded can
as

meets

some

designated algorithm

threshold.
to

additional
fair

flexibility

be

quite

useful length

tune

the matching

account
to

for possible allow usage content policy.
after

use

as to

well

varying
certain

works. videos

Weve
before to be

also

added

an

option specific by-case uploader

owners
This

review
allows

matched
policy
to

applying

option

usage

decisions
tailor

made on
to

case-

basis

match

enabling

content

owners

the policy Finally

the specific

or the specific

use of

the content
to

among
the

other of

things.

weve

improved

the searching

and

sorting options

increase

ease

use of the system.

trust

that

this

letter

answers
about

provides

further
set

details

your questions regarding few of its new features
to

our

Content ID

System and

and operation.
detail

We

would
any

be

happy

to

up

another

meeting
Please

discuss

this at

in

more

and
if

answer you

more
in

questions

you

may

have.

contact

me

650

214-0619

are interested

moving

forward

with

the discussions.

Very

truly

yours

Lance
Senior

Kavanaugh
Product

Counsel YouTube

confidential

GOO-CH-OO1