The Football Association Premier League Limited et al v. Youtube, Inc. et al

Filing 317

DECLARATION of MICHAEL RUBIN in Support re: 167 MOTION for Summary Judgment.. Document filed by Google, Inc., Youtube, Inc., Youtube, LLC. (Attachments: # 1 Exhibit 162 - 177, # 2 Exhibit 178 - 180, # 3 Exhibit 181 - 184, # 4 Exhibit 185, # 5 Exhibit 186 - 191, # 6 Exhibit 192 - 355)(Schapiro, Andrew)

Rubin Reply Exhibit 181

Subject: From: To: Cc: Date:

RE: Last Kiss / Toronto "Sam Humphries" <> Megan Wahtera Amy Powell; Jennifer Balch; Josh Brooks; Kristina Tipton; Stephanie Simard; [e-mail] Fri, 15 Sep 2006 18:50:24 +0000

Screen shot attached. Sam Humphries MySpace.com Producer, Marketing and Content 407 N. Maple Drive Beverly Hills, CA 90210 P: 310-969-7483 F: 310-969-7390 <mailto:[e-mail]> shumphries@ myspace.com

From: [e-mail] [mailto:[e-mail]] Sent: Friday, September 15, 2006 10:01 AM To: Sam Humphries C c : H m | H m m _ _ _ _ _ [ Jennifer Balch; Josh Brooks; [e-mail]; Stepnanie^imara@parTnoLmTcom; [e-mail] Subject: Re: Last Kiss /Toronto thanks, i am checking the homepage but am not seeing it, so let us know when to look. thanks, Megan Wahtera Director, Motion Picture Interactive Marketing Paramount Pictures P: 323.956.8516 | F: 323.862.1107 --- Replied by Megan Wahtera on 9/15/2006 10:00:49 AM From:"Sam Humphries" <[e-mail]> 09/15/2006 09:39 AM To: <[e-mail]> cc: "Jennifer Balch" <[e-mail]>, <[e-mail]>, B^|H________-___-__-_['J 0 S n Brooks" <[e-mail]>, <[e-mail]>, <[e-mail]> Subject: Re: Last Kiss / Toronto Awesome, will flight the ad now. --Original Message-- From: Tony Harris <[e-mail]> To: Sam Humphries CC: Jennifer Balch; Megan Wahtera <[e-mail]>; Amy Powell _________|H____________i -'os'1 B r o o k s ; [e-mail] <[e-mail]>; [e-mail] <[e-mail]>

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Sent: Fri Sep 15 09:34:52 2006 Subject: Re: Last Kiss / Toronto If s up and now live on the page: <http://myspace.com/thelastkiss> http://myspace.com/thelastkiss

Tony Harris DELIBERATE MARKETING SERVICES <http://www.deliberatemarketing.com/> http://www.deliberatemarketing.com Our phone number has changed back to [phone] ...please make a note of it!

From: Sam Humphries <[e-mail]> Date: Thu, 14 Sep 2006 19:44:24 -0700 To: Tony Harris <[e-mail]> Cc: Jennifer Balch <[e-mail]>, Megan Wahtera <[e-mail]>, Amy Powell · · · · · · · · · · · · · · I Josh Brooks <[e-mail]>, <[e-mail]>, <[e-mail]> Conversation: Last Kiss /Toronto Subject: RE: Last Kiss / Toronto Video is done processing -- you can see it and find the embed code here: <http://vids.myspace.com/index.cfm ?fuseaction=vids.individual&videoid=1169586540> http://vids.myspace.com/ index.cfm?fuseaction=vids.individual_videoid=1169586540<<http:/A'ids.myspace.com/index.cfm? fuseaction=vids.individual_videoid=1169586540> http://vids.myspace.com/index.cfm? fuseaction-vids.individual&videoid=1169586540> < <http://vids.myspace.com/index.cfm? fuseaction=vids.individual_videoid=1169586540> http://vids.myspace.com/index.cfm? fuseaction=vids.individual&videoid=1169586540> Let us know and we will take the hold off the Specials placement.

Thanks, Sam
Sam Humphries MySpace.com Producer, Marketing and Content 407 N. Maple Drive Beverly Hills, CA 90210

P: 310-969-7483 F: 310-969-7390
[e-mail] < <mailto:[e-mail]> mailto:[e-mail]> < <mailto:[e-mail]> mailto:[e-mail]>

From: Tony Harris [ <mailto:[e-mail]> mailto:[e-mail]] Sent: Thursday, September 14, 2006 5:59 PM To: Sam Humphries Cc: Jennifer Balch; Megan Wahtera; Amy Powell; Josh Brooks; [e-mail]; [e-mail] Subject: Re: Last Kiss / Toronto

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I see it in the specials section right now linking to our page... But I don't see the video in our videos section. I promise we'll embed it in the front page of our profile as soon as I get the code...

Tony Harris DELIBERATE MARKETING SERVICES <http://www.deliberateniarketing.com/> http://www.deliberatemarketing.com Our phone number has changed back to [phone] ...please make a note of it!

From: Sam Humphries <[e-mail]> Date: Thu, 14 Sep 2006 17:24:49 -0700 To: Tony Harris <[e-mail]> Cc: Jennifer Balch <[e-mail]>, Megan Wahtera <[e-mail]>, Amy Powell _ _ _ · _ · _ _ · · · · · · · _ , Josh Brooks <[e-mail]>, <[e-mail]>, <[e-mail]> Conversation: Last Kiss /Toronto Subject: RE: Last Kiss / Toronto Yeah - we want to make sure people can find what we are looking for. But, we are standing by and can have it running within five minutes. Sam Humphries MySpace.com Producer, Marketing and Content 407 N. Maple Drive Beverly Hills, CA 90210

P: 310-969-7483 F: 310-969-7390
[e-mail] < <mailto:[e-mail]> mailto:[e-mail]> < <mailto:[e-mail]> mailto:[e-mail]>

From: Tony Harris [ <mailto:[e-mail]> mailto:[e-mail]] Sent: Thursday, September 14, 2006 5:21 PM To: Sam Humphries Cc: Jennifer Balch; Megan Wahtera; Amy Powell; Josh Brooks; [e-mail]; Stephanie_Simard @ paramount.com Subject: Re: Last Kiss / Toronto I dig it. Will you be waiting for us to get it up on the profile before it appears in the specials section?

Tony Harris DELIBERATE MARKETING SERVICES <http://www.deliberatemarketing.com/> http://www.deliberatemarketing.com Our phone number has changed back to [phone] ...please make a note of it!

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From: Sam Humphries <[e-mail]> Date: Thu, 14 Sep 2006 17:18:07 -0700 To: Tony Harris <[e-mail]> Cc: Jennifer Balch <[e-mail]>, <[e-mail]>, · Josh Brooks <[e-mail]>, <[e-mail]>, <[e-mail]>, <[e-mail]> Conversation: Last Kiss/Toronto Subject: RE: Last Kiss / Toronto I'm on it. This will be going into your videos section, and then you will embed it into the profile (front page). The clicks from Specials will go to the profile, and the clicks from Featured Video will go to the individual video page. Sound good? Sam Humphries MySpace.com Producer, Marketing and Content 407 N. Maple Drive Beverly Hills, CA 90210 P: 310-969-7483 F: 310-969-7390 [e-mail] < <mailto:[e-mail]> mailto:[e-mail]> < <mailto:[e-mail]> mailto:[e-mail]>

From: Tony Harris [ <mailto:[e-mail]> mailto:[e-mail]] Sent; Thursday, September 14, 2006 5:07 PM To: Sam Humphries Subject: Re: Last Kiss / Toronto The login is [e-mail]/lastkissl So it will be going into our videos section, and then we'll add it to the front page separately? Where will the clicks be going? Thanks, Tony

Tony Harris DELIBERATE MARKETING SERVICES <http://Www.deliberatemarketing.com/> http:/Avww.deliberatemarketing.com Our phone number has changed back to [phone] ...please make a note of it!

From: Sam Humphries <[e-mail]> Date: Thu, 14 Sep 2006 17:05:23 -0700 To: <Megan_Wahtera@paramount,com> Cc: _ _ _ · _ · _ · _ · · · · · · · Jennifer Balch <[e-mail]>, Josh Brooks <[e-mail]>, <[e-mail]>, <[e-mail]>, <[e-mail]> Conversation: Last Kiss /Toronto Subject: RE: Last Kiss / Toronto

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Hey Megan -just got back into the office and caught up with Kelley. The approved video is ready - can you please have Tony send over the login so we can upload it to the account? After that it will take a bit of time to process sometimes 10 minutes, but sometimes as much as an hour. Our media is standing by and ready to go. Thanks' Sam Humphries MySpace com Producer, Marketing and Content 407 N. Maple Drive Beverly Hills, CA 90210 P-310-969-7483 F-310-969-7390 [e-mail] < <mailto [e-mail]> [e-mail]> < <mailto [e-mail]> mailto [e-mail]>

From- [e-mail] [ <mailto:Megan_Wahtera@paramount com> [e-mail]] Sent Thursday,September 14,2006438PM To- Sam Humphries C c _ | H H - - - _ - - - - - - _ - - - - _ - - - l Jennifer Balch, Josh Brooks, [e-mail]; Sam Humphries, [e-mail], [e-mail] Subject Re. Last Kiss/Toronto hi sam any timeframe? i have tony harris who you know on hold to add the video to the page and just want to advise him on an eta thanks1 Megan Wahtera Director, Motion Picture interactive Marketing Paramount Pictures P. 323.956.8516 | F" 323.862.1107 Replied by Megan Wahtera on 9/14/2006 4:34-57 PM FronrMegan Wahtera 09/14/2006 01:49 PM To "SarrjHumphnes'^sfiurrjph^ cc: H H _ - _ - _ _ _ _ _ _ _ _ l " J e n n i f e r Balch" <jba!ch@myspace,com>, "Josh Brooks" <[e-mail]>, Knstina Tipton, Stephanie Simard Subject- Re: Last Kiss / TorontoLink <Notes-///88256FlE00575225/ DABA975B9FB113EB852564B5001283EA/3421207F35767F1D882571E9005F8218> Hi All: A digibeta of clips have been sent to Sam's attention. Please do NOT use the following clips 5. don't you love weddings 10. your shirt is wet Lakeshore is on stand by to add the video to the page.

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Can you please confirm on timing so he can make resources available for us to get this added? Thanks, Megan Wahtera Director, Motion Picture Interactive Marketing Paramount Pictures P- 323.956.8516 | F" 323.862.1107 · Replied by Megan Wahtera on 9/14/2006 11.25 30 AM · From:"Sam Humphries" <[e-mail]> 09/14/2006 10:09 AM To: <[e-mail]> cc __H_____________________I "J° s n Brooks" <[e-mail]>, <[e-mail]>, "Jennifer Balch" <[e-mail]> Subject: Re: Last Kiss / Toronto Just sent our address - email crossing! We will indeed need to put the LK video on the profile page - we can put it where the Zach interview was. If the label is comfortable, we can upload it to their account and they can embed it in the profile - that will be quickest. Otherwise, we can get the video file to them and they can upload it themselves. Thanks, Sam --Original Message-- From: [e-mail] <[e-mail]> To- Sam Humphries ____________^_^______ CC: WKKKtKtKKtttKt^<WKtKKKKKKIKtK^^0S^ <Krist!na^ipton@pan!mToum^com> Sent Thu Sep 14 10:03:04 2006 Subject Re- Last Kiss / Toronto hi sam what is you address to send clips? please also let us know if there is anything we have to do regarding the LK profile page and talking with the label to add video if you plan to add anything there, i want to be able to give them a heads up. thanks, Megan Wahtera Director, Motion Picture Interactive Marketing Paramount Pictures P 323.956 8516 | F- 323.862.1107 Replied by Megan Wahtera on 9/14/2006 9:58 17 AM From:"Sam Humphries" <[e-mail]> 09/14/2006 09.51 AM To < S H H H - - _ - _ - - _ - _ - - - - _ r ' J o 5 h Brooks" <[e-mail]>, <[e-mail]> cc: <[e-mail]>, <[e-mail]>

[e-mail]

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Subject: Re: Last Kiss /Toronto If we can get all the tapes in the office by tomorrow, it will be up by Monday. Julie confirmed the address for Philly so I believe it will soon be on its way. Can you please send over a tape with clips we can incorporate a la the Last Kiss EPK? Thanks. Original Message

From:

^^^B_________________i'__________________________l

To: Josh Brooks; [e-mail] <[e-mail]> CC: Sam Humphries; Mickey Worsnup <[e-mail]>; TamarTeifeld <[e-mail]> Sent: Thu Sep 14 09:46:28 2006 Subject: Re: Last Kiss /Toronto When will the jackass videos from philly, Chicago + LA go up?

-- Original Message -- From: "Josh Brooks" [e-mail]] Sent: 09/13/2006 06:25 PM

To: Megan Wahtera
Cc: Amy Powell Subject: RE: Last Kiss/Toronto The video will be delivered tomorrow. Once I get it, review and encode it - it will go live. I will keep you posted. jb

Josh Brooks VP Marketing & Content MySpace.com

407 N. Maple Drive
Beverly Hills, CA 90210

P: 310-969-7409 F: 310-969-7389
[e-mail] < <mailto:[e-mail]> mailto:[e-mail] > >

From: [e-mail] [ < <mailto:[e-mail]> mailto:[e-mail] > < <mailto:[e-mail]> mailto:[e-mail]> <mailto:[e-mail]>

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mailto:[e-mail] < <mailto:[e-mail]> mailto:[e-mail]> <<mailto:[e-mail]> mailto:[e-mail]> <<mailto:[e-mail] <mailto:[e-mail]> mailto:[e-mail] > < <mailto:[e-mail]> mailto:[e-mail]> > ] Sent: Wednesday, September 13, 2006 6:09 PM To: Josh Brooks

Cc:H___________________H; Sam
Subject: RE: Last Kiss / Toronto

thanks, josh.
our LK banners run on the home page tomorrow (Thursday, 9/14) for LK. how is it looking as a possibility for tomorrow and friday? that would clearly be ideal.

best,
Megan Wahtera Director, Motion Picture Interactive Marketing Paramount Pictures

P: 323.956.8516 | F: 323.862.1107
-- Replied by Megan Wahtera on 9/13/2006 6:06:03 PM From:"Josh Brooks" <[e-mail]> 09/12/2006 03:55 PM To: <[e-mail]> cc: < H | [ | | | | H | H | | H H B t . "Sam Humphries" <[e-mail]> Subject: RE: Last Kiss / Toronto Sorry about the delay. Sam was working with elderly folks in nursing home and I was working on a plan to rebuild education K-12 for troubled youths. I know that's no excuse, but... As far as marketing promo... I should have the coverage piece from our videographer up on MySpace on Friday morning (hopefully earlier, but that was always the target). It will be promoted from the homepage and depending on the content itself, we may be able to feature it in viral videos. Best

josh
Josh Brooks VP Marketing & Content MySpace.com 407 N. Maple Drive

Beverly Hills, CA 90210 P: 310-969-7409 F: 310-969-7389

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jbrooks@myspace com < <mailto [e-mail]> mailtojbrooks@myspace com > >

From Megan_Wahtera@paramount com [ < <mailto jbrooks@myspace com> mailtojbrooks@myspace com > < <mailto jbrooks@myspace com> mailto jbrooks@myspace com> <mailto Megan_Wahtera@paramount com> [e-mail] < <[e-mail]> mailto [e-mail]> < <mailto Megan_Wahtera@paramount com> mailto:[e-mail]> < <mailto [e-mail] <mailto [e-mail]> mailto [e-mail] > < <mailto Megan_Wahtera@paramountcom> mailto [e-mail]> > ] Sent Tuesday, September 12, 2006 1 53 PM To Josh Brooks

C ^gmmmp^^mj0S|1 c
Su b j e c l R e ^ L a s t K i s s n o r o n K T ^ Hi Josh!

^am HUmpnnes

We spoke with Sam and he now relayed to go through you on LK. As you and I discussed this morning, Zach is very anxious to hear from us on how LK is being promoted on MySpace in conjunction with Toronto Can you let you know? Thanks so much1 Megan Wahtera Director, Motion Picture Interactive Marketing Paramount Pictures - -- Replied8516 | F 323 862 1107 9/12/2006 1 50 40 PM P 323 956 by Megan Wahtera on From.Megan Wahtera 09/11/2006 06-27 PM To 'Josh Brooks" <jbrooks@myspace com>, [e-mail] cc Amy Powell Subject Last Kiss / TorontoLink <Notes ///88256F1E00575225/DABA975B9FB113EB852564B5001283EA/ D6FA19B18289510D882571DB0074D64B> Hi Josh & Sam, Can you please tell me how Last Kiss/Toronto is going to be promoted on MySpace? I have been checking all day from the homepage, but when clicking to the only Last Kiss mention, there is nothing there (see the attached screenshot) Can you please give us a break down of how our film in conjunction with Toronto will be featured this week on your
site?

Thanks, Megan Wahtera

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Director, Motion Picture Interactive Marketing Paramount Pictures P: 323.956.8516 | F: 323.862.1107 List of attachments: scrn .lastkisstoronto jpg

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Rubin Reply Exhibit 182

Rubin Reply Exhibit 183

From: Date: To: Cc: Subject:

"Bonnici, Kyle - Paramount" [e-mail]:: Fri, 14 Sep 2007 16:44:40 -0700 "Wahtera, Megan - Paramount" [e-mail]:: "Teifeld, Tamar - Paramount" ..Tamar_ [e-mail]:: Overall Feedback from HBK Online

Attached is the Online Response for Heartbreak Kid. Hope this helps, Kyle :-)
Kyle Bonnici

Paramount Pictures

Interactive Media Marketing

5555 Melrose Ave. MOB 3200B
Los Angeles, CA 90038
Kyle_Bonn [e-mail]

Office: 323 I 956 12919
Cell:

Fax: 323 I 862 11107
List of attachments: Heartbreak Kid Online Response.doc imageOOL.gif

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Heartbreak Kid Online Response

YouTube
The trailer which was posted to Paraccount has had the following stats:
Views: 11,847

Comments: 35

Favorited: 41 Times Comments for this video were as follows: Positive: (Majoiity of Comments)
· AHAHHAHA i would see this hole movie just to see the mexican band part at 2: 18 ahhahah that shit is so funny to me. they got the melody perfect

· Haha that looks great
· ben stiler is my favorite actor you just got to love his face expressions 1 · looks great, can't wait to sec it!
Negative: (Minimal)
· Ben Stiler in the same role in the same movie 1000 times before.. Y AWN

· Could they leave well enough alone?
Why remake the classic movie directed by Elaine May? The dorks who can't wait to see this upcomin' movie have NO CLUE it's been already
done...nothing's sacred, anymore

Other such hosted videos have had the following results:
Views: 31,440

Comments: 5

Favotited: 25 Times
Views: 1,954

Comments: 0

Favorited: 0 times

The Mass Majority of Comments were Positive, others were complaining that the movie is not about the Wrestler (The Heaitbreak Kid Sean Michaels), and there were very few
negative ones.

Facebook
Comments on the site:

Positive (Mass Majority)
· cant wait to see this movie! · cant wait to see the movie the previews were real funny · This movie is going to be hilarious... lve seen the original that was made in the 70's cant wait til this one comes out. · i just read a huge article about this movie in entertainment weekly...i love ben stiller as
long as its not one of those ben stiler movies where embarassing things hapen to him. i'm

empathetie
Negative (None)

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MySpace
Comments on the site:

Positive (Mass Majority)
· wus up cant wait till i go 2 see dis movie
· Ben Stiller + The Farrelly Brothers = Nothing But GOLD Baby!!!! Can't Wait To See This.. · Great to see Ben Stiller back with the Farrelly Bros We can't wait to see this · This movie looks great. Ben Stiller is freakin cool as shit!
· This looks like an awesome movie!

Negative (Minimal)
· omg i wanna see this movie so badly but 1st im watchin mr.woodcock!!lol

IMDB
Comments on site:
Positive (Few)
· Can't wait!

· Seriously! I really never like Ben Stiler, and his movies. But this movie looks hilarious!
Negative (Mass MajOlity)

· Did anyone else notice the taglines for this and Good Luck Chuck are almost exactly the same?
Cuz I did.

· I'm so sick of remakes, it feels like people are just not feeling original so they remake something to make money. I didn't see the original of this movie, and the movie itself, though this comedy's been done over and over, seems like it could be pretty funny. But still. I'm really sick of movies get redone. We need some original ones again. We're stuck
in a vicious remaking movie circle.

· This is one remake I can't see...Charles Grodin is so good in the original and the 70's times period a better background...this casting is too Hollywood obvious. Don't they write any new, original screenplays anymore? · This movie sounded like a good idea, then i read that carlos mencia was on and it kiled it for me, that guy is the unfunniest guy alive. · I saw this at a free test screening in Los Angeles and it was pretty bad. Over the top gags
and unrealistic situations. A void it when it comes out, trust me!

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Rubin Reply Exhibit 184

Subject: Re: Fw: Unauthorized Baytsp Take-down Notice
From:
To: Cc:
"Powell, Amy - Paramount" -.EX:/O=VIACOM/OU=PARAMOUNT/CN= RECIPIENTS/CN=AM POWELL-9C742A71-FD02-4B7 -B41A-27EB6A9C8AD6:: Perry, Alfred Salter, John - Paramount; Derwin-Weiss, Nancy - Paramount; Martin, Scott - Paramount Wed, 26 Jul 2006 03:25:13 +0000

Date:
AI,

look fwd to hearing back from you. As discussed in our meeting with BayTSP, they were strictly informed to never contact a third part without an OK from me, personally, either on the phone or in writing.
I

This instance violates our direction and I find it extremely concerning, not to mention his cavalier attitude.

amy
Amy Powell Senior Vice President, Interactive Marketing Paramount Pictures

-----Alfred Perry/PHE/MP/ParamounLPictures wrote: ----To: Amy PowelljM arketing/M P /ParamounLPictures@ParamounLPictures From: Alfred Perry/PHE/MP/ParamounLPictures Date: 07/25/2006 04:21PM cc: John Salter/IS/Group/ParamounLPictures@ParamounLPictures, Nancy Derwin-Weiss/Business Affairs/MP/ ParamounLPictures@ParamounLPictures, Scott Martin/Business Affairs/MP/
Paramou nLPicture s@ Paramou nLPictures

Subject: Re: Fw: Unauthorized Baytsp Take-down Notice

Amy, i want to discuss with Scott (who is in meetings) and then discuss with you.
BayTSP was not provided the trailer and therefore assumed (incorrectly) that the footage was unauthorized prerelease content from the film. i, like Nancy, expressed incredulity to Mark that BayTSp would not have called to just make sure (given the sensitivity to removal of clips).
----- Replied by Alfred Perry on 7/25/2006 4: 13: 54 PM ----------------------------------------------------------------------------Inactive hide details for From:Amy PowellFrom:Amy Powell

From:Amy Powell 07/25/200603:49 PM To: Nancy Derwin-Weiss, Alfred Perry cc: John Salter, Scott Martin Subject: Re: Fw: Unauthorized Baytsp Take-down Notice
I have serious issues with this response. AI, can we discuss? I'm not comfortable with his business practices.
Inactive hide details for Nancy Derwin-WeissNancy Derwin-Weiss
From: Nancy Derwin-Weiss Sent: 07/25/2006 03:43 PM

To: Alfred Perry

Highly Confidential

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Cc: Amy Powell Subject: Re: Fw: Unauthorized Baytsp Take-down Notice
I spoke to Mark about the incident. He wasn't exactly apologetic about the incident. He said that from their perspective, the lack Braff footage appeared to be nothing more than pirated clips from the movie mashed together by an individual (whose name happened to be lack Braff. I asked why they didn't put a call into us first before issuing the take-down notice since we just had the meeting about the very issue. He said that they didn't have any reason to believe that the material wasn't pirated as we hadn't given them the trailer in advance and in this instance, the footage looked pirated. He said that they were simply operating under the studio's directive to pull down unauthorized clips. He said he was going to direct Baytsp to stop searching Youtube for our content since it is creating too much of a headache for everyone. Frankly, i am not sure why he would do that since it may be that our unauthorized content appears there at a later date.
----- Replied by Nancy Derwin-Weiss on 7/25/2006 3:34:10 PM Inactive hide details for From:Alfred PerryFrom:Alfred Perry
From:Alfred Perry

07/25/200603:15 PM To: Scott Martin, John Salter, Nancy Derwin-Weiss, Amy Powell cc: Subject: Fw: Unauthorized Baytsp Take-down Notice
i am calling BayTSP now! ----- Forwarded by Alfred Perry/PHE/MP/ParamounLPictures on 07/25/2006 03:14 PM ----From:Nancy Derwin-Weiss Sent by: Nancy Derwin-Weiss 07/25/200603:01 PM

To: Alfred Perry cc: Amy Powell
Subject: Unauthorized Baytsp Take-down Notice

We have just learned that Baytsp issued a take-down notice to Youtube for a lach Brack montage trailer for The Last Kiss. This is content we uploaded to Youtube in connection with our marketing efforts for the film. Obviously, we never authorized Baytsp to issue take-down notice for footage we had posted. I have a call into Mark Ishikawa to see how this could have happened. We thought we could not be clearer in our meeting that we did not want Baytsp to issue take down notices unless we explicitly requested them to do so.

Nancy

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