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)

1211612009

Weingarten

Oliver

UNITED
FOR THE

STATES

DISTRICT DISTRICT
OF

COURT

Figueir

DecI.

Thb

SOUTHERN

NEW

YORK

316

VIACOM PARTNERS

INTERNATIONAL COUNTRY

INC.

COMEDY

MUSIC.

TELEVISION PICTURES

INC.

PARI1OUNT
and

CORPORATION

BLACK

ENTERTAINMENT

TELEVISION

LLC

Plaintiffs

vs.

NO.

07CV2103

YOUTUBE
and

INC.

YOUTUBE

LLC

GOOGLE

INC.
Defendants.

10

11

THE
12

FOOTBALL

ASSOCIATION BOURNE

PREMIER
et

LEAGUE
on

LIMITED
of

CO.
and

al.

behalf

themselves

all

13

others

similarly situated

14 vs. 15

Plaintiffs
NO.

07CV3582

YOUTUBE
16

INC. INC.

YOUTUBE

LLC

and

GOOGLE

17

Defendants.

18

VIDEOTAPED TAKEN
ON

DEPOSITION

OF

OLIVER

WEINGARTEN

WEDNESDAY
OF 201

DECEMBER
BROWN

16

2009 LLP

19

AT

ThE

OFFICES

MAYER

INTERNATIONAL

BISHOPSGATE

20 21 22 23 24 25

LONDON
JOB
NO.

EC2M

3AF

UNITED

KINGDOM

18278

196

1211612009

Weingarten

Oliver

Q.

And

at

the

time

that

Premier League
it

signed

up

for in

the

Content
content
A.

Verification
to have

Programme

was

not

licence

Youlube
never

correct
licensed yesterday content
that to Youlube.

We You

Q.

testified
the

when

Premier League
and did
at

got quote

access from an

to

automated

takedown
meant URLs time

tool
we be took able

this not

is

your

testimony
with

It

that and
it

have

to of
it

send

e-mail in

infringing
of the

the

behest
to take

Youlube
10

respect
we

them
to

down
the

and

would
Is

therefore
that an

be

instantly
of

remove the

0915

11

content.

accurate

description

how

12

Content
MR. from

Verification Objection
on those deal to

Programme worked
form.

13

SHAFTEL
yesterday
A.

Misstates

the

full

testimony

14

issues.

15

didnt

with

the

takedown

programme

on

16

daytoday
NetResult

basis
to

stated this out

in my testimony for
us.

allowed
was

17

carry

But

that

my

18

understanding.
Q.

19

So

the

CVP

gave

Premier content time

League without
it

the

ability to
to send down an

20

instantly take

down

having
to

0915
video

21

email
MR.

to

Youlube
Objection.
is

each

wanted

take

22

SHAFTEL
A.

23

That still Did

my recollection problems
tool make

as

far

as

can tool.

remember

but

24

we

had the

dealing
it

with

this

25

Q.

easier

for

Premier League

to

209

1211612009

Weingarten

Oliver

remove MR.

videos

from

Youlube

SHAFTEL
Q.

Easier
than

than the

what
situation
had

Easier

been

before

MR.

SHAFTEL
A.

Objection.

would intensive
of

wouldnt
and time and of

say

it

was

easier
we

it

was had

still issues but job

as

cost in
it

intensive private

and

still

respect was

repost form

videos
that

being

shared

another

takedown
in

made

NetResults
of things.

slightly more
10
Q.

manageable

the

grand
used

scheme the

The

Premier

League

in

fact
to

Content
from

0916
YouTube

11

Verification

Programme

tool

remove

videos

12

correct
A.

13

Yes.
Do

14

Q.

you

know
to

approximately
be or have

how

many

videos using

Premier

15

League
A.

caused know

removed
less

from

YouTube

CVP
to

16

more

cumulative

figure
is

date

of

17

how

many videos
from

been

removed

which

approaching

18

30000
Q.

my recollection.

19

30000
Yes. That
is

total 0917
not CVP

20

A.

21

Q.

necessarily

limited to

the

ones

that

were

22

removed
A.

using
have am no

specifically
to

23

reason
to

break
you

it

down. document.

24

Q.

going

show

another

25

Exhibit

20

marked

for

identification

210

1211612009

Weingarten

Oliver

This

is

document
PL00000574.

produced
Do

by

Premier League

with

the

Bates

number
A.

you

recognise

this

Ido.
What
This
is

Q.

this
an we

A.

is

email

confirmation
had

from

YouTube
videos taken

confirming
of down.

videos

that

submitted

been

deleted
had

infringing
Q.

Premier League
is

content

been

This

taken

down

through

the

Content

Verification

Programme
10 A.

That Did

is

what

believe
League

yes.

0918 cmails
using
like this one

11

Q.

Premier

receive had

other

12

confirming that
A.

videos

been

removed

CVP
but

13

We some

would point

have the this

received details
and

limited amount changed
need
so

believe

14

at

were

that get

NetResult
on

15

could

manage

wouldnt

to

involved

16

daily basis.
Q.

17

Are

you

aware

of be

any

videos

that

Premier League
using the

or CVP

18

NetResult

requested were

removed

from

YouTube

19

tool
MR. the

that

not
to

in

fact

removed
You

20

SHAFTEL

Objection

form.

mean

the

specific

URLs

or

0919

21

22

Q.

Yes
NetResult

mean

specific
be

videos removed

that

either

Premier that

League
not

23

or

requested

using

CVP

were

24

removed
A.

25

Well

would

count

reposts

of

the

same

video

as

not

211

1211612009

Weingarten

Oliver

being been

removed requested
and But have

and to be

am

aware

of

instances
or the

where
to

videos
be

have

taken

down

submitted
same

taken

down
Q.

then the was

reappeared
in

video. that the

its
video
the

case
taken video
the

that

circumstance

original
A.

down
has

right
reappeared. was

But

same But

then

Q.

Right.

original

video

taken

down

correct
A.

Well

the

original
was

video still

may

have

been
so

taken

down

but

10

the

original
that

video
as

reappearing
takedown. that same

dont

0920

11

classify
Q.

permanent

12

Do

you

know

whether
again

in

instance
person

the

original posted
it

13

video the
A.

was first

posted

by the

who

had

14

time is
is

15

My belief And
It

yes. basis for to that me

16

Q.

what
has

the

belief
by NetResult
that this

17

A.

been

pointed

out

18

has

happened. Has
it

19

Q.

been
or

pointed

out

to

you

in

any

written

20

correspondence
A.

orally
In

0920
respect
of

21

Certainly orally.
believe been

written certainly been
have be an

22

correspondence
issue that have

reposts

have
as

23

raised

and

result
there

raised
form

24

with
of

my counsel

because

believe
about

would

some

25

written

communication

reposts.

212

1211612009

Weingarten

Oliver

award

and

patchea
about
as

are

going

to

aecond

rounds.

Q.

What
As have

UK
am

rights aware
to

A.

far

the

only longform
are for the

agreements

that

been

concluded

date

aforementioned.
Q.

Sky
And What And
That ESPN. about EEC.
is

A.

Q.

EEC

A.

10

Q.

for

the highlights.

1358

11

A.

Freetoair
There Yes.
Do

12

Q.

has

been

longform agreement

13

A.

14

Q.

you

know
from

whether

the

EEC than

has
it

paid paid

more for

or

less

for

15

the in
A.

package
2007 to

10

to

13

that

package

16

2010
it

17

think
So

remained
are

the the that

same.

18

Q.

what League

exactly

financial
it

damages
as

that

the of

19

Premier the MR.

believes
that to

has

suffered
in this

result

20

infringements Objection
are

its alleged
form. of

case

1359

21

SHAFTEL
A.

22

There

category
We from

damages
we

that

we

believe extracted ongoing

we the

23

have

suffered.

believe

that

have of

not the

24

maximum problems

value
and

licensees with

because
the

piracy

25

issues

louTube

fact

that

licensees

327

1211612009

Weingarten

Oliver

purchase diluted
have

rights and

hut

then

find

that have

their rights exclusivity

are
as

being
we be

they

actually
the

dont
loss of

tried to

grant

royalties that
who
is

would

payable
our

by someone
take

like

Youlube

using
the in

--

infringing
of of the

content

your not

rights
just to

there the but

is

loss

goodwill
damage
are we
10

both
we are

League
also are to

respect

that

suffering

our

partners who
costs that

buying
have

exclusive
in fees we and

rights
the

there

also

the using

incurred
our

ongoing them

monitoring
have

NetResult

with

increased
lot of cost to
in

1400
the and lot of

11

exponentially fingerprinting sending
time the

have

incurred

12

sending
notices

reference Youlube people away
the

files has from costs to

Youlube
up

13

4.11b
and

taken doing
of incur

14

internally

taken
we

their day

15

jobs

and

of

course

have we

had have

the

16

additional
scope
Q.

monitoring
the

that

had

outside

the

17

of

just are

NetResult

contract. in the last thing just

18

What

you

referring to

you

19

said
A.

20

The

fact

is

that

not

only have

we

increased
in

our to the

1401

21

contract contract
to

with
we

NetResult with

over

time
this

but

addition
we for of are

22

have extra

them
as

for

season

having

23

pay

the

work
the
is

said and

yesterday
in

monitoring archive
lot of

24

over and

and

above that

contract
on YouTube.

respect
is

the up

25

legacy

That

taking

328