Case3:14-mc-80303-VC Document1-1 Filed11/04/14 Page1 of 6

,.

1 LATHAM & WATKINS LLP
Daniel Scott Schecter (Bar No. 171472)
2
daniel. schecter@lw. com
Robert J. Ellison IBar No. 274374)
3
robert. ellison@),lw. com
355 South Grand Avenue
4 Los Angeles, California 90071-1560
Telephone: + 1.213.485.1234
5 Facsimile: + 1.213.891.8763

FILED
NOV 0 4 2014
~tiR~~AO W. WIEI<INQ

oi~r2lgt~n~e,~s~NIA

e

6 Attorneys for Petitioner
7 MVL Film Finance, LLC

NORTHERN

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

bl

8

lO IN RE: DMCA SECTIO~~(h)
SUBPOENA TO GOOG ,~C·l

11

12

f)
3MISC~
DECLARATION OF MATTHEW
SLATOFF IN SUPPORT OF
PETITIONER MVL FILM FINANCE,
LLC'S REQUEST FOR ISSUANCE OF
SUBPOEN~ PURSUANT TO 17 U.S.C.
§512(h),T0 IDENTIFY ALLEGED
INFRINGERS

u 30

as
ha

13

CAS~Ch,

14

15

16
17
18

19

20
21

22

M

23

24
r·~~---~ 25

bj ;·

\

I

·/""!

/\I
<f:l

26

I 21

I

28

LAT~:-...1
,,~.:tTLAW

&'.J.TKINSw LA874135.3

LOS ANGELES

,, ' :•
DECLARATION IN SUPPORT OF MARVEL'S REQUEST
FOR ISSUANCE OF 512(h) SUBPOENA

Case3:14-mc-80303-VC Document1-1 Filed11/04/14 Page2 of 6

1

DECLARATION OF MATTHEW SLATOFF
I, Matthew Slatoff, declare as follows:

2

3

1.

I am the Executive Director, Global Security & Content Protection at

4 Marvel Studios, LLC, which is an affiliate (with the same ultimate parent) as MVL
5 Film Finance, LLC ("Marvel"). As part of my duties, I am responsible for

7 its affiliated companies.
8

I am authorized to act on Marvel's behalf. I submit this declaration in

bl

9

2.

e

6 monitoring and addressing infringement of copyright rights owned by Marvel and

support of Marvel's request for issuance to Google, Inc. ("Google") of a subpoena,

10 pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(h)
(the "DMCA Subpoena"), to identify an alleged infringer (or infringers) who

12

posted content known as "Avengers: Age of Ultron", which infringes copyright

13

rights held by Marvel (the "Infringing Content") on systems operated by Google

14

without Marvel's authorization. I have personal knowledge of the facts contained

15

herein and, if called upon to do so, I could and would testify competently thereto.

as
ha

11

16

3.

On October 22, 2014, Patrick Miller, Paralegal at The Walt Disney

17 Company (the parent of Marvel), submitted on behalf of Marvel a notification, via

18 Google's online DMCA notification form (which can be accessed via the hyperlink
19 https://support.google.com/legal/contact/lr dmca?product=docs ), identifying the
Infringing Content on Google' s systems and providing the information required by

21

17 U.S.C. § 512(c)(3)(A). Attached hereto as Exhibit 1 is a copy ofthe

22

information submitted through Google's online form. Mr. Miller was authorized to

23

act on behalf of Marvel in submitting this notification.

M

20

24

25

4.

The purpose for which the DMCA Subpo~na is sought is to obtain the

identity of an alleged infringer (or infringers) and such information will only be

26 used for the purpose of protecting Marvel's rights under title 17 U.S.C. §§ 100, et

27 seq.
28

LATHAM•WATKI N5"' LA874135.3
ATTOR~EYS AT lAW

lOS ANGELES

DECLARATION IN SUPPORT OF MARVEL'S REQUEST
FOR ISSUANCE OF 512(h) SUBPOENA

Case3:14-mc-80303-VC Document1-1 Filed11/04/14 Page3 of 6

1

I declare under penalty of petjury under the laws of the State of California

2 and United States of America that the foregoing is true and correct.
3

Executed on November 4, 2014 at Burbank, California.

4

5

Matthew·.S latoff

e

6
7

9
10
11

as
ha

12

bl

8

13

14
15

16

17
18

19

20
21

22

M

23

24
25

26

27
28

LATHAM•WATKINS'" LA874135.3
ATTORNEYS AT LAW

LOS ANGELES

2

DECLARATION IN SUPPORT OF MARVEL'S REQUEST
FOR ISSUANCE OF 512(h) SUBPOENA

M

as
ha

bl

e

Case3:14-mc-80303-VC Document1-1 Filed11/04/14 Page4 of 6

Exhibit 1

Case3:14-mc-80303-VC Document1-1 Filed11/04/14 Page5 of 6

From:
To:
Cc:

Subject:
Date:
Importance:

Coro SharePoint Premium on behalf of Internet Enforcement
Miller. Patrick
Internet Enforcement
drive.google.com Infringing Content [Notice ID: 38804] (PM)
Wednesday, October 22, 2014 3:49:32 PM
High

e

Wednesday, October 22, 2014
Notice ID:38804
Via Contact Form

bl

drive.google.com

Re: Unauthorized Use of Copyrighted and/or Trademark Properties
To Whom It May Concern:

as
ha

I believe the information in this notification to be accurate and state under penalty
of perjury that I am authorized to act on behalf of the owner of exclusive rights. I
am sending this notice on the basis of a good faith belief that the pages identified
below include infringing material and/or links to infringing material that are not
authorized by the copyright owner, its agents, or the law. This access was present
on Wednesday, October 22, 2014. Please act expeditiously to remove or disable
access to the Infringing materials described below and confirm by return e-mail
when these links have been disabled.
Owner of exclusive rights:
MVL Film Finance, LLC ("Marvel")

Copyrighted works Infringed upon:
Audiovisual works, including without limitation, Avengers: Age of Ultron
Location of infringing material:

Avengers: Age of Ultron
https://drive.google.com/file/d/OBy4e12DxdXQZ3EUaEOyVEITSIU/yjew?pli=1

Should you have any questions, please contact:

M

Lance R. Griffin
Principal Counsel
The Walt Disney Company
500 S. Buena Vista Street
Burbank, CA 91521-0641
Telephone: (818) 560-7893
Facsimile: (818) 841-1329
e-mail: lntemet.enforcement@disney.com

This letter is not a complete statement of Marvel's rights in connection with this
matter~ and nothing contained herein constitutes an express or Implied waiver of

Case3:14-mc-80303-VC Document1-1 Filed11/04/14 Page6 of 6

any rights, remedies, or defenses of Marvel in connection with this matter, all of
which are expressly reserved.
Very truly yours,
Patrick Miller II

M

as
ha

bl

Patrick Miller
Antipiracy Coordinator
The Walt Disney Company
500 S. Buena Vista Street
Burbank, CA 91521-0641

e

II