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)

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Priorities

Contd

Accelerate

growth

of

torso

content

Health/Fitness Educational
Faith

e.g.

CareTALK
of University of California

e.g UCTY Regents
Spirituality

and

e.g.

Life

Balance

Media

LIME

Lifestyle/Arts

e.g.

BlueHighwaysTV
Films International

Travel

e.g. Wilderness and
Family

Children Sports Special

e.g.

Sesame Street

e.g.

Collegiate

Images

Interest

e.g.

WheelslV e.g Bollywood
films

Other Niche Content
Additional

Secure

more non-US and

non-English

language

content

deals

with

new

partners
digitization efforts

Continue

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______________

SoNr
AMERJCA

What

Features/Infrastructure

Needed

to

Support Content

Types
Must-Have Product Home
Browse Ranking page promotion
by provider by video

Features

branded pages

name
partnership

quality/premium

Better search Fast upload
for

functionality with

PREMIUM

high service

model
of

Tools

managing mechanism

large amounts
for

content

Payment

DTO
limited

Disconnected Premium
Statistics

DAM

and

devlcesIdownloads over
advertising

advertising

option

control

partners behavior

on page view/playbacPfdownload/payment
traffic

and demographics

by

title

Search Search

from

googlecorn and processed metadata brows
standard partner content
including

on provided
granular areas
to

provider

name

Multi-level

Featured

support

TORSO

Easy

upload

and takedown
for tracking

Unified dashboard

partners

through

the

pipeline

Low-hassle Payment

digitization

assistance
for

mechanism
option
to

DTO
e.g. text

Advertising

monetize

ads

USER-

Easy

upload

from

web page
voting send-to1riend

GENERATED
hnrr
Ut

User tagging

rating

myspace

integration

tnrktri

tm

fa

Popularity
iark

jrp nliick

metrics

Ot

How we
INCREASED
Increased Faster

plan to boost torso content
TEAM ACTIVITY

CONTENT
staffing
in

ACQUISITION
team

standard
to

FTEs

response
signfor

user enquiries

Accelerated Capacity
Identify

up

and

upload

of

content

proactive torso

outreach

new
Existing

target
online

content

owners
toot

video Glengarry
toot for

In-house
sorts

PSO
of

identifies

web

sites

with

online

veo
in

fes

by quantity
unutifized

video

by vertical

Largely

so far while partner resources
with fast

team has been
path

reactive

mode
Video not yet outside

untapped online

upload

Business

Census in

US

regional

targeting

US
Prioridzation of

key

verticals

functions

with

propensity

to

make

video

sufficient

revenues charged

per firm
with identifying top

In-country

groups

XX

target

content

providers

and

reaching

out

IMPROVED PARTNER
Better

VIDEO EXPERIENCE
torso

marketIng

ci

new
Blog.

content Picks working about

3oogle Video Improved

Google

Google
browse
visibility

Partner

Pages coming
in

product functionality
partner
traffic

and search
of

Q2

Increase Increase
--

satisfaction

content

to

partner

videos

Positive

marketing

message

and

references

Future

product functionality
Localized Translated Option
for

Qatar in

2006
hcmepage
finding

versions

of

videogooglecom
descriptions through
for

and uploader

tools

metadata
monetization

videos...

text

ads

Source

Standard

team feedback

Video monetization
Sponsored needs Video
requires high-touch top content

possibilities
to

and

TV-style

CPMs

premium to work

content

premium

advertiser

matching

advertising of

people
in

cut

to

value content

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each
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interested seeing

amount
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analysis

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P.

Decisions on copyright impact the

policy and product features
of

will in

significantly

activities

the content

team

2006

Priorities of

content team
teams separate
through
in

Keep premium and
Build

standard

premium

relationships

multi-property crawl

deals

Engage
extraction

premium partners
efforts

supporting

and metadata

Seek

multi-language

support

from existing
viral

premium
clips

partners

Engage

premium partners on enabling

Communicate improvements Engage

to

premium partners

no

material

DRM
streaming
to

this year
in

premium partners
only

sponsored content

ad

tosvdeployment
standard content

otherwise
effort

move premium team

acquisition

Focus
deals Await

on securing
with

non-US

and non-English

language content

new

partners
in

improvements

search guide

and browse
further

to

produce

real data

on user preferences

to

partner content

acquisiton

Increase

staffing

and/or
to

resources

to

content

acquisition

ops

and
Limit

legal

teams

handle

complaints policy

and

potential

litigation

damage

through partner

public

investor relations

press

and premium

meetings
of

Support partners Reach
review

use

review content

tools

out to noftpartner
tool

owners

actively

promote

Potential results of changing
Likely

copyright enforcement
demographic

policies

acceptance
Higher
traffic

among
higher
of

users especially

highly
site

media-aware young

profile

as destination as
well of

Increased
Potential

uploads
to

user

content

as copyrighted

content

monetize higher on
traffic

voiume

traffic

Achieve

OKRs

and uploads

inability

to independently
in

gauge what
user

kind

of impact

on

traffic

other options can

have

improvements
Modifying
indirect

features and protection press

experience applying
policy public

copyright pressure

through

pressure

through

increased

collaboration

with

content

owners

and

through

and

public

Some

content
Diversion Negative
Potentiai

owners sue Googie
of

management

attentien

PR
monetary damages

Loss of trust from content Reduced Reduced Reduced
future

providers
to

access
to

content other Google properties
just in

willingness

partner with

Adsense

partnerships

and revenues not

Video

Inconsistent

with
pubflc

assertions and

in

book search and
courts
Will

library partner
of

program
standards

for respecting

copyrights approach
to

Press

potentially

see loosening

video

as

sign

of

overall

copyrights

Loss of trust from advertisers Wish
to

avoid

negative

associations

Reduced

ad revenues

Speaker Everyone
flunes

Notes hates

Sftde

Chris launch

on

CV
2005

9/23/06

launch

with

ABC

October

YouTube

launch
at

CV
CBS

launch

CES

February 2005 Not 2006 January
on 15 platforms
millionth

shown

on timeline

puts programs

corncast

satellite

9v pus

their

own

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announces

video on

download
the

from email
episode
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sent from PaidOontent

700k

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salesfweek
online

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24 2006

SNL Lazy
removed

Sunday
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puts VoitTube

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December

17th

2005.

attracted

about

milliai

before

NBC

asked

that

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AOL
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on

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distribution

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2006
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2006

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2006.
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through

end

of

March

2008

landmark

NBC and

affiliates

form
initiative

venture

new

media

distribution

April

19

2006

CV
ABC

announces announces
unveIls

digitIe

NARA

content
trial

2/24/06 top shows

ad

supported
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streaming

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announced

April

10

20061

trial

is

for

May and june 2006

MSN
CBS Some

new

plans 5/4/06 speaks

create original

programming

May
of

2006

Innertube
bullet that

to

tremendous

growth

rateNoiurne

user-generated

content

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to digitize

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is

lot

already

but skews

toward

the

head
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content

we may need more tar
but extremely fast-moving

bullets

and more about

torso

e.g.

CV

announces

initiative

NARA
were
and

content
trying to to ccxnrriunicate

Message
aggressive

The market

very young trend
is

premium

content

onners

ave

maRy

become

more

open

experimentation

user-generated

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Speaker
Offer

Notes

Slide

CV

distributiorVpromotional

prowess

to

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who dont have

scale

Speaker
In addition

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to

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premium
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Notes

Slide

Overiew

of

Goote and
Slide 10

our poflfolio

Speaker Overview

Notes
of

Google and

our portfolio

Speaker
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Notes

Slide

21

GV

distributiorVpromoibnal

prowess

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Slide

22

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Speaker Overview

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Slide

23
our portIolio

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