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)

Figueir

Deci.

Tab

247
-a

DAVID H. KRAMER State Bar No. 168452 COLLEEN BAL State Bar No. 167637 BART E. VOLKMER State Bar No. 223732 CAROLINE E. WILSON State Bar No. 241031 WILSON SONSINI GOODRICH ROSATI
Professional Corporation

650 Page Miii Road Palo Alto CA 94304-1050 650 493-9300 Telephone Facsimile
Attorneys

650

565-5100

for Inc.

Defendant

YouTube

UNITED

STATES

DISTRICT COURT OF CALIFORNIA

CENTRAL DISTRICT
10

11

12

ROBERT DiR dib/a LOS ANGELES NEWS SERVICE
Plaintiff

AJWx

CASE NO. CV

06-4436

FMC

13 14

V.

DECLARATION OF STEVE CHEN IN SUPPORT OF DEFENDANTS MOTION FOR

15

YOUTUBE

INC.
Defendant.

SUMMARY ADJUDICATION OF DEFENDANTS FIRST

16

AFFIRMATIVE DEFENSE OF DMCA SAFE HARBOR
Date of Hearing
Jan.

17

Time
18 19

29

2007

Court

1000 a.m. The Honorable
Florence-Mane Cooper

20
21

22
23

24
25

26 27
28

DECLARATION

OF STEVE CHEN
EXHIBIT NO.
DATE
Y.FE

1floR

Steve

Chen
was

declare

as follows

1.

co-founder

of

YouTube
serve

Inc.

which

is

now YouTube LLC
Chief Technical

collectively
Officer.

YouTube

and currently of

as the

companys
herein

have personal
could

knowledge

the

facts

set

forth

and

if called

as

witness

and would testi1

competently

to

them.

Background
2.

on Youlube

YouTube
of personal
for

was founded
was

in

February

2005. but

At

the

time seemed

the online be

sharing 10

photographs
to

quite popular

there

to

no

options

those

who wished

share

personal

videos.

My
about
to

co-founders
this problem.

Chad Our aim
clips

11

Hurley was
to

Jawed
create

Karim
service

and
that

decided

to

do something

12

would allow would

amateur users

share

home-video
photographIt

13

simply sharing an

and

easily.

The

service

operate

much

like

popular

14

services

of the time

such

as snapfish.com could

and

flickr.coni.

would
they

serve

as

15

online

repository

or host
to

to

which usets

upload content

that

wanted
the

16 17

other users to be able
that

view.

We

chose the name

YouTube
to

to

capture personal

idea

the service

was

designed

for people

who

wanted

post

their

videos

18

and broadcasts.
3.

19

bela version

of YouTubes
at

online

service

went

live

in April 2005.

20
21

Accessible

on the World
short video

Wide Web
to

www.youtube.com
computer an account
file

the service

allows

users video

to

upload

clips

YouTubes
creating

sewers. with

user

uploads out

22 23 24 25 26 27 28

clip

by

visiting

YouTube.com
then

us by filing

registration

form and
of each

selecting

video

to

store

on YouTubes
does

servers.

The
users

content

clip

is

entirely

user-controlled

and YouTube

not charge

to

upload

clips.

4.

When

user

uploads

video

clip
the

she

assigns so
that

title

to

the clip and

chooses

tags

or keywords

to

identify

video

users searching

the

3fl7I6DOC

DECLARATION

OF STEVE CHEN

service

for

particular types

of

clips

can

locate

it.

The

choice

of

title

and tags

is

entirely

within

the users discretion.

For instance and be
is

surfing

video

might be tagged The

with

surfing water
of tags and

and

waves
clip

titled

Mikes
to

30th

Birthday.

selection

titles

for

entirely

up

the user.

5.

Once YouTube
into

clip

is

uploaded

to

YouTube
of
In interest

anyone

with

Internet

access

can

search

the

website

for videos

by entering
to

query

consisting
will

ofkeywords
show
the

our search

engine.

response

the query

YouTube
images which

user

page or pages from each
can then

containing

single reduced-size

still

thumbnails
10 searched.

of those view
the

clips

matching
clip

the

keywords on

for

the

user

user

particular

by clicking
for that clip.

its

corresponding not

11

thumbnail

image and
to

visiting

watch

page

YouTube does

12

charge

users

view

clips.

13

6.

We
it

had no idea when

we
fast

launched

the

YouTube
In

service

just

how

14

popular

would

become

or

how

it

would grow.
service.

the month

of

May 2005

15

only 35 video

clips

vere uploaded were uploaded uploaded
to

to

the

In the month
In

of

December 2005
2.1

16

237000 new

video

clips

to

the

service.

July

2006

over

million

video

clips

were

the

service

and the service

was
ten

accessed

by 23

18

million unique visitors.

Today.the
are

service

hosts

more

than

million clips. created

An

19

enormous

number of
users

these clips

home-made YouTube
the

original

videos

by

20
21

YouTubes
Magazine
invented

the

type

of content

was

created

to

host.

As Time
our users

explained

in

naming

YouTube home-made

Best

Invention

of

2006

22
23

YouTube
to

by posting

footage footage

of
to

all

sorts

from stand-up

routines

video

diaries to delivery-room eyewitness

amateur musical and
the

24
25

performances
true

to

footage

from Hurricane
is

Katrina

Iraq

War.
Exhibit A.

and correct
7.

copy of
are

the

Time

article

attached

to

this

declaration

as

26 27 28

We
to

continually
their

amazed
to

at

the

ways

people

have

discovered

to

use

YouTube

distribute

content

the world.

By way of example only we

-230077716.0CC

DECLARATION

OF STEVE CHEN

have received
their

campaign
reach

advertisements

from countless
for free.

politicians

eager

to

have

messages message
his

millions

of our users recent

Attached

hereto

as Exhibit

is

from Steve

Westlys

campaign
available

for California

Secretary
at

of State

regarding

advertisement which

is

still

on the service

hup

//youtube.com/watchvOBIJfor

RBZhYA.
2004
recently

John

Edwards
his

the

Democratic
for

nominee
President

Vice-President

in

announced
clip at

candidacy

in

2008 via

YouTube

uploading

http//www.youmbecomJwatchvletlzf6zw
of the 10 U.S.

Nancy
her

Pelosi

the

new Speaker
service

House of

Representatives

has

own page on

the

YouTube
which

htt//www.youtube.com/proflIeuserNancypelosj
regularly posts Office

through representatives. posted

her office

II

messages Drug

from Congressional
Control Policy has

The White House

12

of National

dozen by

anti-drug
tens

13

advertisements

to

the service

which

have

been viewed

of thousands
that Israeli

of and
they

14

users

httpIlwwwyoutube.com/ondcp.
citizens

We

have also learned
recorded

15

Lebanese had
to

have regularly posted
the recent

videos

from bomb

shelters

16

occupy

during

hostilities

between

the countries.

17

l1up//www.ounihe.com/resujtsscarch http//www.youtube.com/resuftssearch

and

uueryIebanonbombshefters
posted
clips to the

And law
the

19

enforcement publics
help

officials

have repeatedly

service

seeking faces

20

in

identifying videos.

and locating
clips at

criminal

suspects

whose

can

be seen

in surveillance

The

httD//youtube.comlwatchvTwsIagpwKly

22
23

and httD//youtube.com/watchvr

yNARnvSMAnoderelatecjsearch
by the Franklin Massachusetts example
police
learn

for

example were
In

recently posted
for each

department.

24 25

my

experience
hundreds

remarkable

we

actually

about

there

are

invariably
8.

more

that

are available

through

our service.

26 27
28

YonTube
for

continues

to

see

and describe

itself

as

consumer
through

media

company

people

to

watch

and share

original

videos

worldwide

Web

-33007171

6DOC

DECLARATION

OF STEVE GlEN

experience.

Our

users control

the content

that

is

uploaded
such as

in

exactly

the

same

way

that

users

of any other online

hosting

service

AOL Video Yahoo
Flickr Photosite

Video

Shutterfly

Kodak Photo Gallery Blogger
and many more
through such online control
the

Geocities
content they

Microsoft

Soapbox
others

choose

to

upload

and

share with

hosts.

9.

To complement
licensing
their

our

user-supplied with

clips

Youlube
holders

has

entered

into

numerous
too

arrangements
available

major copyright

through

which they
in

make

content

through

YouTube
Inc.

to

the world.

For example

October olthis year YouTube
10

and

CBS

entered

into

an agreement under
clips to

which

CBS

supplied
In

hundreds of copyrighted
only

news

and entertainment had been viewed of

the

II

YouTube

service.

months time
According
hereto
as to

the clips

more than 30
in

12

million times

by our
release

users.

the President

CBS

Interactive

13

recent

press

attached

Exhibit

14

Professional

content

seeds

YouTuhe

and allows

an open dialogue of viewers.
exciting construct

15

between
believe

established

media players and
point continue
is

new
to

set

We

16 17

this inflection

the precursor
to

many

developments
walls.

as

we

build

bridges

rather than

18

19

The

Executive

Vice

President

of National

Hockey League new
relationship

recently with

20
21

expressed
in

similar views

about

the

leagues

YouTube

release

attached

as

Exhibit

22
23

The

partnership
to all

will

enable

the

NHL

to

expose YouTubes

vast

audience
great

of the excitement

and drama
of our

of the new NHL.

What

24 25 26 27 28

way

to

showcase
into

the talent

athletes.

YouTube

has

entered

similar licensing
labels

arrangements studios

with

NBC
whom

VH-1
have

MTV

as

wcll

as various

record

and movie
to

all

of

expressly

requested

and authorized

Yonlube

distribute

their

content.

-43007771

_6.DOC

DECLARATION

OF STEVE CHEN

through

our

service.

How YouTube
10.

Combats

Copyright Infringement any online
service

As

they do with
that

few
to

of our users

upload content
the start of

to

YouTubes
has has

service

they

do not have the
to

right

share.

From

YouTube
others.
It

respected taken

and sought

protect

the

intellectual

property

rights

numerous

affirmative

steps

to

prevent

the unauthorized

uploading

and viewing

of copyrighted
agree

content.

By way of example only
of use
that explicitly

VouTube
from submitting
10 authorization

requires users to

to

terms

prohibit users or

copyrighted

material

that

they

do not have the

right

to

post

maintains

Copyright

Tips page

to

help

users

11

determine

if their

be infringing post might
each time they upload they

reminds users via three separate
clip
that

12

messages displayed
uploading prevents copyrighted

they

are

prohibited

from
to

13

content standard the

unless

have the

right

or authorization

do so
ten

14

users with

accounts

from uploading
of longer-running has

clips

longer

than

15

minutes
as

thereby

preventing

upload

copyrighted an

content

such

16 17

feature-length

films and television

shows

registered

agent

pursuant

to

the Digital allegedly

Millennium

Copyright Act upon

DMCA
are

and expeditiously
of their

removes and and

18

infringing

materials

receipt

of notification

existence

19

terminates those

the accounts

of users who
to create

suspected

of repeatedly

infringing

20
21

restricts

users

ability

new

ones.

11.

YouTube

also offers videos

content

owners
that

an

electronic

tool

that

enables

22
23

them

to

easily identify

on

the

service

allegedly

contain

their

content

and notify
tool

YonTube
content

under the owners
to

DMCA
run text

that

they

wish

to

have them removed. check marks
in

The

24
25

enables

searches

and place
they

boxes removed.

next

to

each of

the

search

results

for

those button

videos

contend

should

be

26 27 28

The

content

owners

then just

click

to

send

their

notices

and YouTube
of this

promptly removes

the allegedly

infringing

clips.

We

refer

to

the availability

-5-

DECLARATION

OF STEVE CHEN

tool

as

the Content

Verification

Program

the

details

of which

are available

at

http//youtube.comltlcopyrightjrogram.
2.

In

addition

to

these structural

and procedural
at

measures

YouTube

has

deployed
copyrights

various

technical

measures

aimed
after

preventing receives

users from infringing notice

the

of

others.

For example removal

YouTube

from

copyright

holder

requesting

of specific
content

clips

from

its

service

we

create

digital

hash

of the allegedly
is

infringing

that

we

have been asked
that
is

to

remove.
analyzing 10

hash
the

essentially

unique

numeric

value

generated
for

by
that

attributes

of

specific

clip.

Once we have
copyright hash

hash

clip

has

been removed
prevent

from the service

for

alleged

infringement
that

we

thereafter

11

any user from uploading
limits to this

clip

with

matches

it

There are
If

12

however
changes
to it the

technology
in

as

it

only

detects

exact

matches.

user frames

13

the original

clip

any

way
clip

such

as

by adding or removing
that

blank

14

hash

for the

modified

will

not

match

of

the

original
in the

and thus
of

will

not 16

be

recognized.
state

In

similar fashion

YouTube
that will

is

currently an

process

implementing
clips identified

of the

art technology

create

audio

fingerprint

from

17 18

as

allegedly

infringing

and can

thereafter This

prevent

users from

uploading

any

clip

containing

matching
that the

fingerprint.

filtering

technology above.

is

19

cutting

edge and more robust
it

hashing

technology
file

mentioned

20
21

Nonetheless
13.

may

not

detect

every

similar audio

uploaded. holders
for
its

YouTube
prevent

has

repeatedly alleged

received

praise from copyright through

22 23 24 25 26 27 28

efforts

to

and address
of example
for

infringement

occurring

the

YouTube

service.

By way

only
so darn quick
in

Thank

you

being

removing

the

videos

that

infringe

on

our copyrights.

You

are incredible

Ultimate

Fighting

Championships

orUFC Thank
you always your kind and rapid action
against copyright

-6300777

16.DOC

DECLARATION

OF STEVE

Cl-lEN

infringement.

removal

of listed

videos

we
to

appreciate

it

very

much

NHK

Japan Broadcasting you
very

Corporation

Thank

much

for

responding
It is

our request
to

to

remove

the

copyright such

material

so quickly.

good

see

file-sharing others
will

website

taking

responsible

approach

and hopefully
Artists
to this

many

follow

your

exemplary Copies of these
14.

model.
letters

Token

Australia

are attached

Declaration

as

Exhibit

E.

Despite
its

its

substantial

efforts

to

prevent

copyright

infringement
to

by
all

others 10

through

service

YouTube

simply does not have
through
its

the ability

control

of the
than

clips

uploaded and accessed
clips

service.

Today
23.5

users upload more users

11

100000
to

per
to

day and
view

in

October
If

2006 alone

million unique
to

12

came

our service

clips.

YouTube
the clip

user chooses

upload
for

clip

that

13

successfully view.

passes

through

our filters

becomes

available

other users to

14

15

15.

YouTube
through

does

not

manually
so

screen

videos

before

they

are

made

16 17

available

the service.

To do
the

would be

prohibitively

expensive

and

result

in substantial

delays given
screening

volume was

of user

submissions.

Moreover no
could not

18

matter

what

manual

process

employed YouTube
to

19

determine

whether
to

particular

user had the right
the

upload
is

particular clip.

We

20
21

are in no position

know

who
to

copyright

holder

for

particular clip or
that

whether

clip

is

even
not

subject

copyright

protection.

For those
holder
is

clips

are or has

22
23

copyrighted
authorized

we do

know

whether the copyright

the uploader

the

uploading

whether expressly or impliedly.
as to

And VouTube
is

is

not

in

24 25
26

position

to

make

determinations

whether an upload

otherwise

permitted of fair use.

by any of the various
16.

provisions

of copyright

law

such

as

the

doctrine

The

impossibility

of this sort

of manual

screening

is

highlighted

by
clips

27 28

the

numerous

examples of major copyright

holders

and advertisers

uploading

-730077716.0CC

DECLARATION

OF STEVE

CL-lEN

to

the

service

without

notiing
campaigns

us

that

they

have done
to

so.

Stories about but

such

stealth

marketing
uploads

are too numerous

mention

include

for

example
Nike
F.

from

BSkyB Wendys Hamburgers
as described
in the articles

Universal

Music Sony and
hereto
as

and

many many

more

attached

Exhibit

17.

Just

as

YouTube

cannot

manually
that

pre-screen

content
all

there

is

no

technology material

that

YouTube
and
if

could

deploy every

could

identi
seeks
to

of

the

copyrighted

in existence

screefl

clip

user

upload

for the

presence

of such
10

material.

Even

such screening
to

technology

were

possible
to

VouTube
share the

would again
particular

have no way had the

determine

whether the user seeking

11

clip

right

to

do

so.

12

18.

Given the

practical

limitations

we face Youlube
to

does

what

is

13

reasonable
rights to

we

contractually available

require
to

the uploader

represent

that

he or she has
the

the

14

make

clip

others

we

repeatedly
in

warn

users about

15

consequences
as easy

of unauthorized

uploads holders

including
to

the upload process

we make
those

it

16

as possible

for

copyright

notify

us and we implement
this

17

technological

filters

that

are available

to

us.

Beyond

YouTube

relies

on

18

copyright material

holders

to

notify

it

of the presence
our service.

of unauthorized allegedly

infringing
the

19

that

is

accessible

through

Once we
material

are notified

of

20
21

existence block

and location of allegedly
to

infringing
its

VouTube

acts

promptly

to

access

or remove

it

from

service.

22
23

Advertising

that

Appears on Youlube
does not charge users fee either
for uploading

19.

As noted YouTube
Rather

or

24 25 26 27
28

viewing

clips.

YouTube

earns our

revenue through At various

the

display

of banner

advertising
for

on pages throughout
our

website

times ads

have

appeared
clips

example on
to

homepage

on pages
on

displaying

thumbnail

images of

responsive

users search queries

pages displaying

the

most popular

or

-8300777

1_oDOC

DECLARATION

OF STEVE CHEN

highest

rated

clips

for the

day and on watch

pages

i.e.

the pages

at

which users

view individual
20.

clips.

The
the

banner advertising of
specific

that

YonTube

displays

is

virtually

never

targeted

to

content

clip.

That is the ads
users

shown
clips

to

users of the

service

including
to the

on the pages
appearing an

at

which
page.
to

may view
rare

are selected

without

regard

clip

on

that

There are

exceptions

to

this

approach

where

advertiser

wishes

show
for

an

ad

in connection

with

clip

that

the advertiser

itself has

supplied

Nike
was

example once
to clip

displayed
itself

an

advertisement 10

on Youlube
star

that

targeted

Nike

posted

of

Brazilian soccer

making
that

miraculous

play.

But except
has

for such

unusual

11

circumstances any way
ad
tied to

the

ads

YouTube
of the
clip

shows

and

shown

in the

past

are

not in

12

the

content

available

for

viewing

on the page where

an

13

appears.

Put differently

for purposes

of displaying

advertising

YouTube

treats

14 15

all

clips

as equal.

21.

YouTube
in
its

has

utilized

at

least

two

different

types

of banner
advertisements

16

advertisements

existence.

The

substantial

majority

of
ads.

the

17

shown on YouTube have been
advertiser

Cost-Per-Click

CPC
his

With
to

CPC ad
users.

an

pays nothing
pays only

for

having

its

advertisement

displayed

Instead matter

19

the

advertiser

if

user demonstrates the step of

or her interest

in

the

20
21

being

advertised

by taking
the

clicking on

the

ad

when
on
on the

it

is

displayed.

22.

To
certainly

extent

we

display

CPC
clip

advertisement

watch

page
thus can

22
23

user can

view

their

selected

without

clicking

ad and
token
clip

view
click

the

clip

without

generating

any revenue
clip
is

for

us.

By
long

the same
after the

user can

24
25

on the ad

at

any time while the
to

playing

has played of reasons

or if the clip

fails entirely

play which

could

happen

for

any number some

26 27
28

e.g.
failure

the

users browser was
site there

not configured

properly

there was

technical

on our

was

problem with

the users service

provider.

Our

-93007711

6.OOC

DECLARATION

OF STEVE

Cl-lEN

revenue
content

if

any from
particular

particular but

advertisement

is

independent of the

not

only

from the

of
23.

clip has

from the actual

viewing

clip

as well.

YouTube
pay
ad.

also occasionally

used another
their

type

of advertising

under

which
user

advertisers

VouTube
Each

each time

ad

is

shown
to

whether

or not the

clicks

on the

showing

of the ad

is

referred

as an impression.

Like our

CPC ads
ads

these

CPM

for cost-per-mille
throughout revenue

or cost

per thousand

impressions
24.

can be shown on pages

the

site.

As with

CPC ads YouTubes
of
particular clip

from

CPM
of

ads

is

independent

from both the content
10 extent

and the viewing

that

clip.

To

the

CPM

ads

are

shown on watch
but

pages

the ad is displayed the user has

not

because
to

the user

11

has

selected

particular clip within

simply because
It is

requested

visit

12

some page
the

our web

site.

quite

possible

that

the user

would have
user

seen

13

same ad
the

regardless

of what

clip

the user

requested
clip

or if the

requested

to

14
15

visit

YouTube

homepage
ads

instead

of viewing whether

at

all.

In

addition

even on
it is

watch

pages

CPM

are displayed the user

clip

actually

loads whether
at

16
17

actually

viewed

and whether

stops

the clip

immediately or

any point

thereafter.

18

declare

under penalty
is

of perjury
true and

under the laws of the United and
that this

States of

19

America
the

that

the foregoing

correct

declaration

is

executed

20

5th day

of January

2007

at

San Bruno

California.

Steve

Chen

24
25 26 27 28

103007771j.DOC

DECLARATION

OF STEVE CHEN