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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233

YouTtbe

Marketing

Analysis
JEIOBOOCOM

2005 21st July Charles Chariya

Overview
YouTube quickly
is

online easily

video

streaming

destination which
share video

allows

users

to

and

upload

watch

and

worldwide.

Usage and Growth Launched in June
There the are

2005
of

louTube
thousands

has of

site

currently and tens

thousands

grown videos

in which

popularity
users have unique

and

usage. to

uploaded

of

monthly

visitors.

Technology
YouTube converts has video conversion that developed proprietary video technology from standard formats avi mpg etc into digital and streaming flash format.

quickloading

Site Overview Finding Sharing User Content Video

Analysis Individuals Other

Current

and

Future

Film Producers Professionals

Competitive Analysis Content Sources Risk Areas ContenL Advertisers Technology Marketing Media Advertising Conclusions Proposed Opportunities Options Advertising

Landscape and Next

Revenue

Steps Models

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Site

Overview
Content

Finding

the site has minimal navigation and is focused around interface for the content. content can be done personalized Finding via thru links favorites of other search uploaders users browsing

Currently

random

frontpage

streams

and

via

tags.

_____
4th

____________
on..

13 ______

QUgziijjj

InInIv.rIII

Tags_____ __

ft
1111 ho-I
0.400Dn0000 -413
P4 .0-.

mo.

o1IoIN1IP%Iitr

O_.k_1l
I-

-IWO

PD

SI

l000e

fIb
DfltI.I144

.4042

_h....

III

are

..
-bzo

______________

SUGGESTIONS description

YouTube
of the

Reviews videos

hire

copywriters

Add

Length

to

the

Also available Discussed Most

is

via finding video Added to Favorites

Recent
arid

Uploads

Most

Popular

Most

Random.

mg

tn its
M.nlIiooI
InoIPotoIo

OcsIDom

p0

ILotA100

hroatpp

..L._

.oL.

J.c

SUGGESTIONS

Categorize Videos

hire categorizers

User

Rating

System

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Sharing

Video
is

Uploading

quick

and

easy

and

requires

registration.
nets

Lain
ales

..
leiIMa.

ttaMise

.antt

Cecils

tin
a-

Cr

es

555-a

Lw

sea

SUGGESTIONS Occupation
Once

Require

several Zip

additional for

fields

Age/Birth

date

Gender
purposes

Industry
the

Code

future

targeting/profiling
of videos
55

registered

uploading

and

sharing

is

easy and

Se andes
at5ilL5ltLw
ltLL.gaLltc

Liieg

SC

YnvljJjfijc La_i
Li__ta

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is_a

is lii
lit.

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s5i.

.5

as
CII 1.1411 5.1.55

..il

as

aa

-5

o.o

1o

ifli _DV JJaJI
FT. In

aeycnwes

It

555F

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iOia

fl
Semi

lipfoadidaos

IUoUl-1U1
aWar

Dacamber
as 5eiTospr
all. arlIr5ii

viiei

he

IThCkOIOJnO

...

aUsa

rl
Ii
lea.

I.

..

_________
111
. .

4W

qoake

aelt

aGe

aIGH

ii

tilt

s.r.itMlpiaed

nMnioiI

il

i_14eea

rjca

e.ih

as

SUGGESTIONS upload
formats to

to drag/drop video and auto Application ondesktop files to reject file Prechecking procedure nonsupported Allow for nonvideo files to be before upload takes place YouTube.

uploaded

converted

and

shared

np3

way

other

audio

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User

Analysis

Current

and

Future

Individuals Individual The These

Uploaders
of not the content on YouTuhe
is

majority
users

currently
but can area

from random potentially
is the of

users.

publicly many

own only upload their available content of viewing.

work
Risk the

upload
as

here

copyright uploader.

videos

which

are

uploaded

are

not

property

Video

Sharers are individuals that

Video

sharers

create

edit
include

and

share

video

for

This public or private consumption. might graduation video or just hanging out with the mainstream user for YouTube over time. group you may want to consider partnering

baby

videos may
become by this for usage choice

friends. To with

This

increase

Kodak
people

Sony
who

Canon

as video

the

video

sharing cameras.

hardware destination of

manufacturers

purchase

capable

Video Resume Video Resumes is
These

fairly

may

include

people
can or

with

but this actors Monster.com

of the individual specific subset group. who want to share their work such as sample also become mainstream if YcuTube to partner were

Motjobs.yahoo.com.

Vloggers
Vloggers are the network.

people
YouTube than

who

content
that they

rather

video diaries or reports on regular using keep could be focus on an easy way to help Vioggers the myriad hosting bandwidth issues streaming face.

currently

may

Film Producers Film producers
that are

are and are

made
that

broken out into two different types really those that have not made it. For producers
seeking to break into the

those and could be

directors

industry
their page

YouTube
work.

and business card to showcase quick very easy for vanity URIs and customization of the showcase

Allowing
be service.

would

premium offering
Business On The Users

and

would

provide

an

extremely

valuable

Training

Video basis
relates solve video to is used

corporate main issue and

delivery
this issue. video good

for business sparsely purposes. and YouTube can means provide Not only but video corporate the to make current

to

quickly
libraries

easily with

partnering

instructional

accessible

nay

be

companies investment.

Video Annther
of youTube.

Site source

sites Pay per content operators of potential revenue is creating This some may require engineering
content

an to

version Enterprise allow for secure

which is hosted and served Some by YouTube. increased disk resolution space private to such and site security precautions. Pricing entry repcrting fee would likely be fixed streams/bandwidth/usage operators monthly fee. Secure domain authentication to viewing might require key
to party referrals consideration here

would be

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validate party
Other

that

the

user

requesting

the

stream

is

valid

user

of

the

3rd

site.

Professionals Musicians Music
built the of

Music Video
was in

Videos distribution may be an Music Video and the upon community
and there

opportunity.

Launch had to

Yahco

Music

Audio may
be

music

Streaming some room

great support build off of this

type

success.

Athletes
Scouting

marketplace

Reports sample video however is sports

etc.

This

is

fairly and

specialized competitive
space.

highly

monetized

Competitive Analysis Movie Archive Internet http//www.archive.org/streaxn users to upload and stream video in any format. This suffers from the delay time in buffering which YouTube converting archive.org
host the files to to flash their for video. media the host

allows site

for

still

avoids

by

Many files
viog.

Vioggers
and use

use currently. other to sources

creative/copy

Itunes This site

Apples
is

which does before being penetration
QuickTime.

site which allows for video sharing/streaming. limited as most files in Apple QuickTime are format additional installation for normal PC users require able of to view.
is

YouTube

also

requires than the

Flash

but

the of

Flash

currently

higher

penetration

Video Slogging site which sells software to create and Vlog.com video blogs for streaming. Software sells for $99 and the upload current which exemplify how the software employees provide vlogs
and streams work.

http//blip.tv/ host/stream video.
to the

Turnkey Viog site uses Archive.org Creative Commons license Requires

to or release

public

domain.

Directories

http http

/videoblogging.univers
/www .mefeedia.com/feeds

e.

com/vlogs/

News groups

http//groups.yahoo.com/group/videobloggingi Audio Competitive Analysis http//www.ourmedia.org/ provides bandwidth for your audio videos catches. Forever. No http//podlot.com/ Accounts cost only
is
$5.

free
files

storage

and text

free or software.

photos

cheap

place

to

park

your

podcast.

http//www.audioblog.com/
tools for $50 per year.

offers

podcast

hosting

and

recording

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.kkA --A
Content Content Sources is king. The current content on the site consists of

random
are

which have been uploaded from various sources. Some snippets others on standard copyright rnade by others may ne infnngang on the net and then uploaded by unrelated party to YouTube
As

legit

shared

YouTube
in

grows
the right are content

content directions from all

growth

to allow for strategy must be in place Lioen5ed content thru partnerships. and sources sponsoring of building tic right

requesting
orig4nal content

original good ways

producing
type of

content

going

forwarth

Risk

Areas major risk audience
area video

Content

which is not intended to be shon to include copyrigried materials but could also include which nay show people in personal videos negative light the states that the video must be Although nolicy when uploading legit which copyright YouTube for any holders damages may press. may be liable
One large This coulo

Advertisers Another major
advertisers

for advertisers and area is Most quality partners and particular as how their brand is to very specific to shady portrayed association sex drugs gambling and 2\ny topics to lesser degree alcohol from may mace advertiser shy away partnership risk are

Technology
There and

may be
ser-nces

risk

from

other

Sites

and

that

make

YouTube

obsolete

companies This mey or from the

to

come

develop from

products direc

competitors

iFilm
site to

Apple
Yahoo.

Quicktime
content

etc
thru to

Google

Ilicrosoft

Additionally
stops

bypass the tecr-ology consuming

view

video it

risk
the

since

Youube

coumanies technology to ability for users embedded video may also be monetize users fully

video. 444

Marketing

Opportunities over the next few months there will be tremendous Although growth in from word of mouth there are many ways to accelerate the usage pace of trial and of the site Some standard methods of marketing usage include
1.

Hiring

Publicist

3.

Issuing Press Releases Join public forums for related areas a. in film schools Advertising
b. c.

and events Assisting/sponsoring viog groups in film festivals Assisting/sponsoring relevant advertisers hardware/software Partnership with

companies
e.

General

seminars

and

talks

with

schools

businesses

etc

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4.

Advertising Listed a.
b. c.

in

directories advertising
in

of

Textbased Advertising Square
and

companies for related for

such terms

as

Yahoo
building Times

public

areas other

awareness

Central Contests

Park

public

areas

5.

Promotions
a. b.

Video Contest w/ Tie-in w/ vendors

Prize that will be doing such events

Media Advertising Options its obvious YouTube will have video ads Although the monetization in few areas opportunity key
the front to door

in

the

stream

see

which
for

should

have

the for

most

traffic

could events.

be

exposed

advertisers

takeovers

massive

oneday

content

categorizer
amounts or even of the

areas do use think that although y9u tags would help people navigate more easily thru the available video. takeovers of Autos or Again

human massive

College
with

existing

Most

Popular

areas

cculd

be

easy

wins

advertisers.

video

area

so up

obviously
videos

video

ad

before

the

video
into take

but

consider
segments done in

breaking
to insert network.

by
the

additional

editor professional video ads. Obviously
right w/ hand

45
on

minute
an

whats

Also
Ad will users be to

on

side

Id

suggest

using

industry

standard
there allows the

Position. some issues this the not is

Note
YouTube
streams in

stream

using

of advertising if type Embed method which simply want their video can ads be

video

uncontrolled

areas

Advertisers may however this
results this if

running
overcome.

hurdle

which

sponsored search should be considered
activity.

may

be

an are

easy fallback
doing lot of

but

especially

users

search

Advertising
In

2006

$125

Landscape billion will
be be spent in

billion will billion will foreseeable

be in spent of fline media

advertising outlets

in

the only

US

$114

while

$10.7 For the

1820%
Rich in

future rate while

online according to Jupiter Research. spent online media spending will continue to offline Video
Ads

grow
rate.

at

spending
is

will

only has large

grow
grown

at

4%

Media
the last

which year

subset
are net

relatively
of the

quickly many

however

they

part

overall

online
sites Rich

This media spend. is to the restrictions that mostly due uninitiated audio In size limitations rules etc media made up $200 million of the $3.3 billion spent online have or less than
1%.

2003
for

marketing

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Conclusions and 1. Determine
a. b.

Next the

Steps Base over of next

short-term goals Exponential Growth in User
Increase available the to amount and consumers

36

months
which are

quality

video

streams

2.

Determine
a.

the

Increase

long-term priorities in the awareness Producer discussions
for for for with

area

Contests and

or

Promotions
b.

Begin Create Create Create

partnership
solution

advertisers

content

producers
c. d. e.

solution solution

enterprise video site vlogger

streaming operator streaming video streaming

video

Proposed
A.

Revenue

Models

Advertising

See Media

Advertising

Options

above

S.

Premium Services for Individuals Subscription a. Video Resumes Music Videos Sports Scouting Enterprise
a. b.

Reports

B.

YouTube
for

for

Businesses
to host and

Backend Secure

businesses

stream
site

video

view
C.

for video streaming partner or premium video seller

operators

pay per

Video
a.

Ad

Streaming Selfservice
agencies Competitors
i.

Provider video ad include

serving

platform

for

advertisers

and

b.

EyeWonder

com/ews/ews http/Iwww.eyewonder. ii. EyeBlaster http//www.eyeblaster.com/products/rich
ideo asp iii. Pointfloll

FormatlnstantPlayAd.ofmid1 media formats/streaming

http//www.pointroll.com/products/overview.asp iv. Unicast http//www.viewpoint.com/pub/advertising

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