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Viacom Statement of Undisputed Facts

Viacom Statement of Undisputed Facts

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Published by: bizdayweb on Mar 18, 2010
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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
YOUTUBE INC., YOUTUBE, LLC, and
GOOGLE, INC.,
)
VIA
COM INTERNATIONAL INC., )
COMEDY PARTNERS, )
COUNTRY MUSIC TELEVISION, INC., )PARAMOUNT PICTURES CORPORATION, )
and BLACK ENTERTAINMENT TELEVISION )
liC, )
))))))))))
Plaintiffs,Case No. 1:07-cv-02103 (LLS)
(Related Case NO.1 :07-cv-03582 (LLS)ECF Case
v.
Defendants.
VIACOM'S STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF ITS MOTIONFOR PARTIAL SUMMARY JUDGMENT ON LIABILITY AND INAPPLICABILITY
OF THE DIGITAL MILLENNIUM COPYRIGHT ACT SAFE HARBOR DEFENSE
Stuart J. Baskin (No. SB-9936)
John Guelì (No. JG-8427)
Kirsten Nelson Cunha (No. KN-0283)SHEARMAN & STERLING LLP599 Lexington Avenue
New York, NY 10022
Telephone: (212) 848-4000
Facsimile: (212) 848-7179
Paul M. Smith (No. PS-2362)
Willam M. Hohengarten (No. WH-5233)
Scott B. Wilkens (pro hac vice)
Matthew S. Hellman (pro hac vice)
JENNER & BLOCK LLP
1099 New Y ork Avenue, NW
Washington, DC 20001
Telephone: (202) 639-6000
Facsimile: (202) 639-6066
Susan 1. Kohlmann (No. SK-1855)
JENNER & BLOCK LLP
919 Third Avenue
New York, NY 10022
Telephone: (212) 891-1690
Facsimile: (212) 891-1699
March 18,2010
Attorneysfor PlainttfJ
 
TABLE OF CONTENTS
i. VIACOM'S OWNERSHIP OF THE WORKS IN SUIT ................................................... 1
II. INFRINGEMENT OF THE WORKS IN SUIT ON YOUTUBE ...................................... 2
II. DEFENDANTS' KNOWLEDGE AND INTENT CONCERNING INFRINGEMENT
ON YOUTUBE...................................................................................................................2
A. The YouTube Founders' Knowledge and Intent Concerning Infringement on
YouTube ................................................................................................................. 2
B. Google's Knowledge and Intent Concerning Infringement on YouTube............. 31
IV. DEFENDANTS' DIRECT FINANCIAL BENEFIT FROM INFRINGEMENT ............ 53
V. DEFENDANTS' RIGHT AND ABILITY TO CONTROL INFRINGEMENT.............. 62
VI. DEFENDANTS' CONDUCT AS DIRECT INFRINGEMENT AND AS BEYOND
STORAGE AT THE DIRECTION OF A USER ............................................................. 75
 
LEGEND
For the purposes of
Via
com's Statement of
Undisputed Facts in Support ofIts Motion for
Partial Summary Judgment on Liabilìty and Inapplicabilìty of
the Digital Millennium CopyrightAct Safe Harbor Defense, the following abbreviations shall be used:
"Hohengarten DecL." shall refer to the declaration ofWì1iam M. Hohengarten, datedMarch 5, 2010, filed herewith.
"Hohengarten i1_ & Ex. _," shall refer to the paragraphs of
the HohengartenDeclaration and the Exhibits attached thereto, respectively. Any Exhibit attached to theHohengarten Declaration that was produced during the course of this litigation and marked withBates numbers is identified by its beginning Bates number, followed by a pinpoint citation.
Pinpoint citations shall refer to the page number(s), and paragraph or line numbers, of
the cited
document. In some instances Hohengarten Declaration Exhibits have been manually paginated
for ease ofthe Court's reference. Where used, parentheticals indicate the nature of
the item cited
- e.g., deposition transcripts ("Dep.") or other declarations ("DecL."). Thus, by way of
illustration, "Hohengarten i17 & Ex. 4, G00001-00011355, at G00001-00011356" would refer
to Exhibit 4 to the Hohengarten Declaration, which has the beginning Bates number GOOOO 1-
00011355, and would refer specifically to the page of
that Exhibit marked with Bates number
G00001-00011356. And, "Hohengarten i1366 & Ex. 332 (Eun Dep.) at 200:1-10" would refer
to the deposition of Google employee David Eun, which is referenced at Paragraph 366 of andattached as Exhibit 332 to the Hohengarten Declaration.
"Solow Decl." shall refer to the declaration ofWarren Solow, a representative of
Via
com,
dated March 3, 2010, filed herewith. The Solow Declaration is attached as Exhibit 2 to the
Hohengarten Declaration.
11

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